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


Printed Page 2924 . . . . . Wednesday, May 1, 2002

Wednesday, May 1, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Dr. Whaley 'Bill' Barton, Jr. as follows:

Dear Father, You are God and You are to be greatly praised. You have made us and not we ourselves. Forgive us Father, for we often forget to praise You and live instead for the praise of others. Help us to realize the shallowness of this pursuit. Fill us, dear God, with Your Holy Spirit and mold us day by day. Teach us to love one another as You have loved us. For we pray in Your name, dear Lord. Amen.

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

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

MOTION ADOPTED

Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Carlton Bradley "Brad" Sanders, son of Assistant Accounts Manager Ann B. Sanders of House Bookkeeping, which was agreed to.

REPORTS OF STANDING COMMITTEE

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

H. 5108 (Word version) -- Reps. Law, Cato, Sandifer and Trotter: A BILL TO REPEAL SECTION 58-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL REPORTS REQUIRED OF DEMAND-SIDE ACTIVITIES OF CERTAIN GAS AND ELECTRIC UTILITIES.
Ordered for consideration tomorrow.


Printed Page 2925 . . . . . Wednesday, May 1, 2002

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

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 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 AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5211 (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, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO RECOGNIZE THE


Printed Page 2926 . . . . . Wednesday, May 1, 2002

CONTRIBUTIONS AND ACCOMPLISHMENTS OF OUR STATE'S CHARTER SCHOOLS AND TO PROCLAIM THE WEEK OF APRIL 29 - MAY 3, 2002, AS "SOUTH CAROLINA CHARTER SCHOOLS WEEK" IN SOUTH CAROLINA.

Whereas, there are more than eight charter schools operating in South Carolina; and

Whereas, charter schools in South Carolina have provided a wonderful educational opportunity for the students who attend charter schools; and

Whereas, by providing quality education to students, charter schools contribute to the statewide effort to improve education in South Carolina; and

Whereas, charter schools encourage community and parental involvement in the education of our youth; and

Whereas, the State of South Carolina joins the South Carolina Association of Charter Schools in celebrating the accomplishments and contributions of charter schools to public education; and

Whereas, the members of the House of Representatives, by this resolution, are desirous of publicly recognizing in an appropriate way these fine educational institutions. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives recognize the contributions and accomplishments of our State's charter schools and proclaim the week of April 29 - May 3, 2002, as "South Carolina Charter Schools Week" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Association of Charter Schools.

The Resolution was adopted.


Printed Page 2927 . . . . . Wednesday, May 1, 2002

INTRODUCTION OF BILLS

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

H. 5212 (Word version) -- Reps. Sharpe, Witherspoon and Rhoad: A JOINT RESOLUTION TO PROHIBIT POULTRY FROM STATES HAVING FLOCKS THAT HAVE TESTED POSITIVE FOR AVIAN INFLUENZA FROM ENTRY INTO THIS STATE UNTIL THIRTY DAYS AFTER DEPOPULATION, CLEANING, AND DISINFECTION OF THE FINAL CONFIRMED AVIAN INFLUENZA PREMISES IN THE POSITIVE STATE, AND TO PROVIDE THAT POULTRY PARTICIPATING IN EXHIBITIONS CONDUCTED IN A POSITIVE STATE AFTER MARCH 1, 2002, MUST TEST NEGATIVE FOR AVIAN INFLUENZA PRIOR TO PARTICIPATION IN A SOUTH CAROLINA EXHIBITION.

RULE 5.12 WAIVED

Rep. SHARPE moved to waive Rule 5.12, which was agreed to by a division vote of 52 to 1.
On motion of Rep. SHARPE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 901 (Word version) -- Senators Leatherman and Giese: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT THE POSITION OF STATE ENGINEER; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS USED IN THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE POSITION OF STATE ENGINEER MUST BE REGISTERED IN THIS STATE AS EITHER AN ARCHITECT OR A PROFESSIONAL ENGINEER.
Referred to Committee on Ways and Means

S. 957 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 23-6-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY'S MOTOR VEHICLE DIVISION, SO AS TO PROVIDE THAT THE MOTOR VEHICLE DIVISION MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR BUSINESSES TO


Printed Page 2928 . . . . . Wednesday, May 1, 2002

PROVIDE MOTOR VEHICLE REGISTRATION AND TITLING SERVICES.
Referred to Committee on Education and Public Works

S. 970 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF NONPROFIT CHILDREN'S ADVOCACY CENTERS THROUGHOUT THE STATE.
Referred to Committee on Judiciary

S. 1023 (Word version) -- Senators Bauer, Giese, Mescher, Ravenel, Hayes, Ryberg, O'Dell, Gregory, Grooms, Kuhn, Martin and Branton: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE CAUSE OF DEATH ON A DEATH CERTIFICATE BY A CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR DEPUTY MEDICAL EXAMINER, SO AS TO PROVIDE THAT THESE PERSONS ARE NOT REQUIRED TO SIGN, BUT SHALL COMPLETE AND EXECUTE THE MEDICAL CERTIFICATION PORTION OF A DEATH CERTIFICATE, AND IF THE CERTIFICATION OF CAUSE OF DEATH CANNOT BE COMPLETED WITHIN A CERTAIN PERIOD OF TIME WHEN AN AUTOPSY IS SCHEDULED, THEN THE COUNTY MEDICAL EXAMINER SHALL INDICATE THAT THE CAUSE OF DEATH IS PENDING AND CERTIFY THE CERTIFICATION OF CAUSE OF DEATH.
Referred to Committee on Judiciary

S. 1249 (Word version) -- Senators Short and Fair: A BILL TO AMEND SECTION 20-7-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNSEL FOR A GUARDIAN AD LITEM, SO AS TO PROVIDE THAT COUNSEL MUST BE APPOINTED FOR A GUARDIAN AD LITEM WHO IS NOT AN ATTORNEY IN ANY CASE THAT IS CONTESTED; TO AMEND SECTION 20-7-1690, RELATING TO THE REIMBURSEMENT FOR FEES AND COSTS FOR THE CONSENT OR RELINQUISHMENT OF A CHILD FOR ADOPTION, SO AS TO PROVIDE THAT THE COURT MAY APPROVE AN ADOPTION WHILE NOT APPROVING UNREASONABLE FEES AND COSTS; TO AMEND SECTION 20-7-1700, RELATING TO FUTURE CHILD SUPPORT


Printed Page 2929 . . . . . Wednesday, May 1, 2002

OBLIGATIONS AFTER THE CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR AN ADOPTION, SO AS TO PROVIDE THAT THE GIVING OF CONSENT OR RELINQUISHMENT FOR AN ADOPTION RELIEVES A PERSON OF ALL RIGHTS AND OBLIGATIONS, INCLUDING FUTURE CHILD SUPPORT OBLIGATIONS; TO AMEND SECTION 20-7-1770, RELATING TO OPEN AND COOPERATIVE ADOPTIONS, SO AS TO PROVIDE THAT A FINAL ADOPTION DECREE IS NOT AFFECTED BY AN AGREEMENT ENTERED INTO BEFORE THE ADOPTION BETWEEN A CHILD'S ADOPTIVE AND BIOLOGICAL PARENTS CONCERNING VISITATION, EXCHANGE OF INFORMATION, OR OTHER INTERACTION BETWEEN THE CHILD AND ANY OTHER PERSON.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

The following was introduced:

H. 5213 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Snow and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND AND HONOR DANIEL H. ISAAC, SR., OF MYRTLE BEACH FOR HIS SERVICE TO THE YOUTH OF HIS COMMUNITY AND STATE AS A BASEBALL COACH, UMPIRE, AND SPORTS OFFICIAL.

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

HOUSE RESOLUTION

The following was introduced:

H. 5214 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. AND MRS. LESLIE P. BYRD, JR., OF DARLINGTON COUNTY ON THE JOYOUS OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXPRESS BEST WISHES TO THE BYRDS FOR MANY MORE YEARS OF HAPPINESS TOGETHER.

The Resolution was adopted.


Printed Page 2930 . . . . . Wednesday, May 1, 2002

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harrison
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Keegan
Kelley                 Kennedy                Kirsh
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Neal, J.M.             Ott
Owens                  Parks                  Phillips
Rhoad                  Rice                   Riser
Rivers                 Rodgers                Sandifer
Scarborough            Scott                  Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, J.E.            Smith, J.R.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Vaughn                 Walker                 Weeks
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.


Printed Page 2931 . . . . . Wednesday, May 1, 2002

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 1.

Todd Rutherford                   G. Murrell Smith
Richard Quinn                     Joseph Neal
Bill Cotty                        Skipper Perry
Fletcher Smith                    Daniel Tripp
Denny Neilson                     Ralph Davenport
Douglas Jennings                  Vincent Sheheen
Doug Smith                        Seth Whipper
James Klauber                     Alex Harvin

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. WEBB a leave of absence for the day to attend a funeral.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day due to official school business.

STATEMENT OF ATTENDANCE

Rep. WEEKS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 30.

SPECIAL PRESENTATION

Rep. SANDIFER presented to the House the Seneca High School Honors Chorale, Class AAA State Champions, their director and other school officials.

CO-SPONSORS REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or


Printed Page 2932 . . . . . Wednesday, May 1, 2002

resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR REMOVED

Bill Number:   H. 4588 (Word version)
Date:   REMOVE:
05/01/02   WHITE

CO-SPONSOR REMOVED

Bill Number:   H. 4411 (Word version)
Date:   REMOVE:
05/01/02   ALTMAN

SENT TO THE SENATE

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

H. 5190 (Word version) -- Rep. Barfield: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 3, 2002, MISSED BY THE STUDENTS IN THE HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS, IF APPROVED BY THE GOVERNING BOARD OF THE SCHOOL SYSTEM, 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.

H. 5191 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF SCHOOL TAX MILLAGE FOR SPECIFIED PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, AND ENDING JUNE 30, 2003.

H. 5196 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AUTHORIZE THE GOVERNING BODY OF GREENWOOD COUNTY TO CONVERT A SUBDISTRICT CREATED UNDER


Printed Page 2933 . . . . . Wednesday, May 1, 2002

THE PROVISIONS OF ACT 441 OF 1959, WHICH CREATED THE GREENWOOD METROPOLITAN DISTRICT, TO A SPECIAL TAX DISTRICT, TRANSFER ALL ASSETS AND LIABILITIES OF A SUBDISTRICT TO THE SPECIAL TAX DISTRICT, DISSOLVE THE TAX DISTRICT AT THE REQUEST OF ITS COMMISSIONERS, AND REFUND CERTAIN EXCESS AMOUNTS OF MONIES TO THE TAXPAYERS WHO OWN PROPERTY IN THE DISTRICT.

H. 5105 (Word version) -- Reps. Cato and A. Young: A BILL TO AMEND CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY BY ADDING ARTICLE 7 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT", AND TO PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO BE USED WHEN COMPLIANCE WITH THE STATE'S MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS MUST BE VERIFIED; TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF CERTAIN DATA BY THE DEPARTMENT OF PUBLIC SAFETY THROUGH THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO THE REQUIREMENT THAT PROVIDERS OF LIABILITY INSURANCE AND PROVIDERS OF SECURITY IN LIEU OF LIABILITY INSURANCE MUST NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF THE LAPSE OR TERMINATION OF AN INSURANCE POLICY OR SECURITY IT HAS ISSUED, AND THAT PROVIDES THAT THE DEPARTMENT MUST NOTIFY THE PERSON WHOSE INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURANCE PROVIDER MUST NOTIFY THE DEPARTMENT WHEN AN INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN UNINSURED MOTOR VEHICLE MUST BE INSURED WITHIN A SPECIFIC PERIOD OF TIME OR THE OWNER MUST SURRENDER ITS REGISTRATION AND LICENSE PLATE, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURER SHALL


Printed Page 2934 . . . . . Wednesday, May 1, 2002

NOTIFY THE DEPARTMENT OF PUBLIC SAFETY WHEN AN INSURED'S MOTOR VEHICLE BECOMES AN UNINSURED MOTOR VEHICLE, AND PROVIDE THAT AN INSURER MUST NOTIFY THE DEPARTMENT OF ALL FIRST TIME AND RENEWAL POLICIES IT ISSUES, TO DELETE A PROVISION THAT REQUIRES THE FORWARDING OF SURRENDERED LICENSE PLATES TO THE DEPARTMENT OF REVENUE, AND TO DELETE THE FIVE DOLLAR REINSTATEMENT FEE ASSESSED AGAINST A PERSON WHO VOLUNTARILY SURRENDERS HIS LICENSE PLATE AND REGISTRATION CERTIFICATE BEFORE THEY ARE SUSPENDED UNDER CERTAIN CIRCUMSTANCES.

H. 4713 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORONER OR MEDICAL EXAMINER, OR THEIR DEPUTIES, CERTIFYING THE CAUSE OF DEATH ON DEATH CERTIFICATES, SO AS TO REQUIRE THEM TO COMPLETE THE CERTIFICATE RATHER THAN TO COMPLETE AND SIGN THE CERTIFICATE; AND TO AMEND SECTION 44-63-40, RELATING TO STATE AND COUNTY REGISTRARS AND CERTAIN DUTIES ASCRIBED TO THEM CONCERNING VITAL RECORDS, SO AS TO REQUIRE REPORTS OF BIRTH, DEATH, AND FETAL DEATH TO BE TRANSMITTED TO THE STATE REGISTRAR RATHER THAN FILED WITH THE COUNTY REGISTRAR.

H. 5048 (Word version) -- Reps. J. E. Smith, Harrison and Cobb-Hunter: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO PROVIDE THAT THE PRIEST AND PENITENT PRIVILEGE ONLY APPLIES WHEN THE COMMUNICATION IS MADE IN THE COURSE OF A SACRAMENTAL COMMUNICATION.


Printed Page 2935 . . . . . Wednesday, May 1, 2002

H. 5060 (Word version) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J. H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J. R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS

Printed Page 2936 . . . . . Wednesday, May 1, 2002

SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

H. 5182 (Word version) -- Reps. Limehouse, Cotty, Altman, Campsen, Coates, Coleman, Cooper, Dantzler, Davenport, Freeman, Frye, Hamilton, Harrell, Harrison, Haskins, Hinson, Hosey, Jennings, Kennedy, Law, Lourie, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Neilson, Owens, Phillips, Rivers, Simrill, F. N. Smith, W. D. Smith, Talley, Thompson, Trotter, Vaughn, Wilkins and A. Young: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE THURSDAY BEFORE THE LAST MONDAY IN MAY IN ORDER TO REMIND AMERICANS OF MEMORIAL DAY.

H. 5187 (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 VITAL STATISTICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WEEKS explained the Joint Resolution.

H. 3473 (Word version) -- Reps. J. R. Smith, Neilson, Rodgers, Webb, Keegan, Barfield, Gilham, Miller, Cato, Clyburn, Perry, Rice, Robinson, Sharpe and D. C. Smith: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 19 SO AS TO RENAME THE AIKEN COUNTY COMMISSION FOR TECHNICAL EDUCATION AS THE AIKEN COUNTY COMMISSION FOR TECHNICAL AND COMPREHENSIVE EDUCATION; AND TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, AS AMENDED, 59-53-510, 59-53-515, 59-53-710, 59-53-810, AS AMENDED, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF


Printed Page 2937 . . . . . Wednesday, May 1, 2002

THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS, CONFORM THE PROVISIONS TO LATER ENACTMENTS, CHANGE THE MANNER IN WHICH MEMBERS OF THE AREA COMMISSION FOR TRIDENT TECHNICAL COLLEGE FROM BERKELEY COUNTY ARE RECOMMENDED FOR APPOINTMENT, DELETE OBSOLETE PROVISIONS, AND MAKE GRAMMATICAL CHANGES.

S. 117--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill until Wednesday, May 8, which was adopted:

S. 117 (Word version) -- Senators Ravenel, Branton, Grooms and Mescher: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO PROVIDE FOR TWO ADDITIONAL MEMBERS OF THE BOARD TO BE ELECTED FROM THE EAST OF COOPER AREA AS DEFINED HEREIN BEGINNING IN 2002.

ORDERED TO THIRD READING

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

S. 1184 (Word version) -- Senators Leventis and Land: A BILL TO AMEND ACT 620 OF 1992, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 2 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THESE TRUSTEES ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.

H. 5209 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A BILL TO AMEND ACT 588 OF 1986, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SINGLE MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS, DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS, AND EXTEND THE DATE FOR


Printed Page 2938 . . . . . Wednesday, May 1, 2002

FILING NOMINATING PETITIONS FOR ELECTIONS CONDUCTED FOR SCHOOL BOARD MEMBERS IN 2002.

S. 1065 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TROUT HARVEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2690, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. OTT explained the Joint Resolution.

H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.

S. 1240 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

S. 1010--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT


Printed Page 2939 . . . . . Wednesday, May 1, 2002

WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11634AC02), which was adopted:
Amend the joint resolution, as and if amended, by deleting Section 1(B) and inserting:
/   (B)   The committee consists of nineteen members as follows:

(1)   the Chairman of the Senate Committee on Corrections and Penology, ex officio, who shall serve as chairman;

(2)   a Senator appointed by the President Pro Tempore of the Senate;

(3)   the Chairman of the House Medical, Military, Public and Municipal Affairs Committee;

(4)   a House member appointed by the Speaker of the House;

(5)   the Director of the South Carolina Department of Corrections, ex officio;

(6)   the Director of the South Carolina Department of Probation, Parole and Pardon Services, ex officio;

(7)   the Director of the South Carolina Department of Juvenile Justice, ex officio;

(8)   four members appointed by the Governor, one each to represent the inmate/family advocacy, victim advocacy, health care provider, and social service provider communities;

(9)   four members appointed by the President Pro Tempore of the Senate, one each to represent the legal, religious, business, and health care provider communities;

(10)   four members appointed by the Speaker of the House of Representatives, one each from the business, religious, legal, and social service provider communities.

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 equally from approved accounts of both houses of the General Assembly. A vacancy of an appointed member must be filled in the manner of original appointment. The task force shall meet as often as necessary and for its work employ the services of the staff of the South Carolina Department of Corrections, South Carolina Department of Juvenile Justice, South Carolina Department of Probation, Parole and Pardon


Printed Page 2940 . . . . . Wednesday, May 1, 2002

Services, and the Senate Committee on Corrections and Penology, as the task force determines appropriate, and House staff as may be assigned by the Speaker of the House./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. WEEKS, WHITE and J. BROWN proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\ 11646AC02), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1(B) page 2, by deleting lines 7 through 10 and inserting:

/Members shall serve without compensation. A/
Renumber sections to conform.
Amend totals and title to conform.

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

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

S. 1131--OBJECTIONS AND REQUESTS FOR DEBATE

The following Bill was taken up:

S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO


Printed Page 2941 . . . . . Wednesday, May 1, 2002

THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

Reps. KNOTTS, WHATLEY, QUINN, RISER and FRYE objected to the Bill.

Reps. HARRISON, RHOAD and J. BROWN requested debate on the Bill.

S. 820--OBJECTIONS AND REQUESTS FOR DEBATE

The following Bill was taken up:

S. 820 (Word version) -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11640AC02):
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 "Prohibition of Human Cloning Act".
SECTION   2.   The 1976 Code is amended by adding:

"Section 16-17-745.   (A)   As used in this section:

(1)   'Human Cloning' means human asexual reproduction, accomplished by introducing nuclear material from one or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living


Printed Page 2942 . . . . . Wednesday, May 1, 2002

organism, at any stage of development, that is genetically virtually identical to an existing or previously existing human organism.

(2)   'Asexual Reproduction' means reproduction not initiated by the union of oocyte and sperm.

(3)   'Somatic Cell' means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human organism at any stage of development.

(4)   'Product' of human cloning includes stem cells and all other constituent parts of an embryo created through human cloning.

(B)   No person shall knowingly or with reckless disregard:

(1)   perform or attempt to perform human cloning or derive any product from human cloning;

(2)   participate in an attempt to perform human cloning or derive any product from human cloning;

(3)   ship, receive, transport, transfer, or distribute in intrastate commerce for any purpose an embryo produced by human cloning or any product derived from such embryo;

(C)   A person who violates subsection (B) is guilty of a felony and, upon conviction, must be fined not more than one hundred thousand dollars or imprisoned for not more than ten years, or both. However, in the case of a violation that involves the derivation of a pecuniary gain, the person must be fined not less than one million dollars and not more than an amount equal to the amount of the gross gain multiplied by two, if that amount is greater than one million dollars. Each violation constitutes a separate offense.

(D)   A license to practice a profession or occupation issued by a board, agency, or department of this State must be suspended immediately upon conviction of a licensee violating subsection (B) while engaging in that profession or occupation.
(E)   Nothing in subsection (B) restricts areas of scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans or human-animal chimera.
(F)   Subsection (B)(3) must be interpreted to apply to the maximum extent not inconsistent with the federal commerce clause."
SECTION 2.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act,


Printed Page 2943 . . . . . Wednesday, May 1, 2002

and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid or otherwise ineffective.
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

Reps. SCOTT, HOWARD, WEEKS, MACK, JENNINGS, BREELAND, PARKS and LLOYD objected to the Bill.

Reps. CAMPSEN, LITTLEJOHN, EASTERDAY, SCARBOROUGH, FLEMING, HAMILTON, COTTY and J. R. SMITH requested debate on the Bill.

H. 3774--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3774 (Word version) -- Reps. Whipper, Easterday, J. Young, Govan, Hosey, Harvin, Sinclair, Barfield, Barrett, Bowers, Breeland, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Coleman, Davenport, Gilham, Gourdine, Hamilton, Haskins, J. Hines, M. Hines, Kelley, Littlejohn, Mack, McCraw, Meacham-Richardson, Miller, Perry, Phillips, Rivers, Robinson, Rodgers, Sandifer, Scott, Sharpe, D. C. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Stille, Taylor, Tripp, Walker, Weeks, Wilder and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IS NOT VALID IN THE STATE AFTER DECEMBER 31, 2001, AND TO FURTHER PROVIDE THAT OTHERWISE VALID COMMON LAW MARRIAGES ENTERED INTO BEFORE JANUARY 1, 2002, CONTINUE TO BE RECOGNIZED IN THE STATE; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.


Printed Page 2944 . . . . . Wednesday, May 1, 2002

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11619AC02), which was adopted:
Amend the bill, as and if amended, Section 20-1-110, page 1, line 28 by deleting /2001/ and inserting /2002/ and on line 29 by deleting /2002/ and inserting /2003/. So when amended, Section 20-1-110 reads:
/"Section 20-1-110.   No common law marriage entered into in this State after December 31, 2002, is valid. Otherwise valid common law marriages entered into before January 1, 2003, are not affected by this section and continue to be recognized in this State."/
Amend the bill further, by deleting SECTION 3 of the bill and inserting:
/SECTION   3.   This act takes effect January 1, 2003./
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.

OBJECTION TO RECALL

Rep. BOWERS asked unanimous consent to recall H. 4726 (Word version) from the Committee on Ways and Means.
Rep. KIRSH objected.

H. 4589--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4589 (Word version) -- Reps. Rodgers, Battle, Gilham and Miller: A BILL TO AMEND SECTION 48-39-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FEE FOR A PERMIT TO ALTER A CRITICAL AREA AS DEFINED IN SECTION 48-39-10 WHICH INCLUDES COASTAL WATERS, TIDELANDS, BEACHES, AND A BEACH DUNE SYSTEM, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RAISE OR


Printed Page 2945 . . . . . Wednesday, May 1, 2002

LOWER THE FEE AFTER COMPLYING WITH THE ADMINISTRATIVE PROCEDURES ACT.

Rep. RICE explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3145--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3145 (Word version) -- Reps. Lourie, J. E. Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks, McLeod, Allison, Koon, Frye, McGee, Martin, Hosey, Clyburn, Gilham, Altman, Meacham-Richardson, Kirsh, J. Hines, Mack, Miller, Cotty, Hamilton, Law, Hinson, Chellis, Harrison, Neilson, Weeks, Owens, Loftis and Bingham: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE STATE AND FEDERAL CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, TO PROVIDE PENALTIES, AND TO PROVIDE THAT STATE CHECKS ARE NOT REQUIRED FOR DIRECT CAREGIVERS EMPLOYED ON JULY 1, 2001, UNLESS THEY SUBSEQUENTLY ARE UNEMPLOYED FOR ONE YEAR OR LONGER.

Reps. LOURIE and BINGHAM proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\AMEND\11679AC02), which was adopted:
Amend the bill, as and if amended, Section 44-7-2920, page 3, line 22 after the / . / by inserting:
/An applicant shall submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by the State Law Enforcement Division. Fingerprint cards submitted to the State


Printed Page 2946 . . . . . Wednesday, May 1, 2002

Law Enforcement Division pursuant to this section must be used to facilitate a national criminal records check, as required by this section./
Amend the bill further, Section 44-7-2920, page 3, line 29 after the / . / by inserting:
/The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the individual direct caregiver or the direct care entity./
Renumber sections to conform.
Amend totals and title to conform.

Rep. BINGHAM 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.

SPEAKER PRO TEMPORE IN CHAIR

H. 3943--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3943 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 15 SO AS TO ENACT THE "STRUCTURED SETTLEMENT PROTECTION ACT", WHICH PROVIDES PROCEDURES TO REGULATE THE TRANSFER OF STRUCTURED SETTLEMENTS, INCLUDING PROVISIONS REQUIRING COURT OR ADMINISTRATIVE AUTHORITY APPROVAL IN ADVANCE FOR THE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, AND ESTABLISHING DISCLOSURE REQUIREMENTS.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 2947 . . . . . Wednesday, May 1, 2002

SPEAKER IN CHAIR

S. 190--NONCONCURRENCE IN SENATE AMENDMENTS

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

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.

Rep. TOWNSEND explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

H. 4878--POINT OF ORDER

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

H. 4878 -- Ways and Means Committee: GENERAL APPROPRIATIONS BILL.

POINT OF ORDER

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

H. 4960--SENATE AMENDMENTS CONCURRED IN

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

H. 4960 (Word version) -- Reps. J. Young, G. M. Smith, G. Brown, J. H. Neal and Weeks: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME A


Printed Page 2948 . . . . . Wednesday, May 1, 2002

PORTION OF MCCRAY'S MILL ROAD IN SUMTER COUNTY THE "JOHN M. MAHON PARKWAY" IN RECOGNITION OF JOHN M. MAHON, A DISTINGUISHED CITIZEN OF SUMTER COUNTY.

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

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

Whereas, John M. Mahon was the chief architect for much of Sumter County's existing infrastructure. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina request the Department of Transportation to rename the three mile long portion of McCray's Mill Road which runs from South Guignard Road to Pitts Road the "John M. Mahon Parkway". The department is requested to install appropriate markers or signs at places the department considers advisable containing the words "John M. Mahon Parkway".

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

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

MOTION PERIOD

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


Printed Page 2949 . . . . . Wednesday, May 1, 2002

H. 4564--RECOMMITTED

Debate was resumed on the following Bill, the pending question being the consideration of the Bill:

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.

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

S. 49--CONTINUED

The following Bill 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


Printed Page 2950 . . . . . Wednesday, May 1, 2002

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. KNOTTS moved to commit the Bill to the Committee on Ways and Means.

Rep. MACK moved to table the motion.

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

Yeas 49; Nays 55

Those who voted in the affirmative are:

Allison                Bales                  Bowers
Breeland               Brown, G.              Brown, J.
Campsen                Clyburn                Cobb-Hunter
Govan                  Hamilton               Harrell
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Jennings
Law                    Lee                    Littlejohn
Lloyd                  Lourie                 Mack
McGee                  McLeod                 Miller
Neal, J.H.             Ott                    Owens
Parks                  Perry                  Rivers
Rodgers                Rutherford             Scarborough
Scott                  Smith, D.C.            Smith, J.E.
Smith, J.R.            Stille                 Talley
Taylor                 Thompson               Weeks
Whipper                White                  Wilder
Wilkins

Total--49

Those who voted in the negative are:

Altman                 Barrett                Bingham
Carnell                Cato                   Chellis
Coates                 Coleman                Cooper

Printed Page 2951 . . . . . Wednesday, May 1, 2002

Cotty                  Dantzler               Delleney
Easterday              Edge                   Fleming
Freeman                Frye                   Gilham
Gourdine               Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Knotts
Koon                   Leach                  Loftis
Lucas                  Martin                 McCraw
Meacham-Richardson     Merrill                Neilson
Phillips               Quinn                  Rice
Riser                  Sandifer               Sharpe
Sheheen                Simrill                Sinclair
Smith, G.M.            Stuart                 Townsend
Tripp                  Vaughn                 Walker
Whatley                Witherspoon            Young, A.
Young, J.

Total--55

So, the House refused to table the motion.

The question then recurred to the motion to commit the Bill to the Committee on Ways and Means.

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

Yeas 52; Nays 52

Those who voted in the affirmative are:

Allen                  Allison                Altman
Barfield               Barrett                Bingham
Carnell                Cato                   Chellis
Coates                 Cooper                 Cotty
Dantzler               Easterday              Edge
Fleming                Frye                   Gilham
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Knotts                 Koon
Loftis                 Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Phillips               Quinn                  Rice

Printed Page 2952 . . . . . Wednesday, May 1, 2002

Riser                  Sandifer               Sharpe
Sheheen                Simrill                Sinclair
Smith, G.M.            Stille                 Stuart
Vaughn                 Walker                 Whatley
Wilkins                Witherspoon            Young, A.
Young, J.

Total--52

Those who voted in the negative are:

Bales                  Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Clyburn                Cobb-Hunter
Delleney               Freeman                Gourdine
Govan                  Hamilton               Harrell
Hayes                  Hines, J.              Hosey
Howard                 Jennings               Law
Lee                    Littlejohn             Lloyd
Lourie                 Lucas                  Mack
McLeod                 Miller                 Neal, J.H.
Neilson                Ott                    Owens
Parks                  Perry                  Rhoad
Rivers                 Rodgers                Rutherford
Scarborough            Scott                  Smith, D.C.
Smith, J.E.            Smith, J.R.            Talley
Taylor                 Thompson               Tripp
Weeks                  Whipper                White
Wilder

Total--52

So, the motion to commit the Bill was rejected.

Rep. RUTHERFORD moved to adjourn debate on the Bill until Wednesday, May 8.

Rep. KNOTTS moved to continue the Bill.

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

Yeas 58; Nays 45


Printed Page 2953 . . . . . Wednesday, May 1, 2002

Those who voted in the affirmative are:
Allen                  Allison                Altman
Barfield               Barrett                Bingham
Carnell                Cato                   Chellis
Coates                 Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Knotts
Koon                   Leach                  Loftis
Lucas                  McCraw                 McGee
Meacham-Richardson     Merrill                Neilson
Phillips               Quinn                  Rice
Riser                  Rivers                 Sandifer
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Stille                 Stuart
Vaughn                 Walker                 Whatley
Wilkins                Witherspoon            Young, A.
Young, J.

Total--58

Those who voted in the negative are:

Bales                  Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Clyburn                Cobb-Hunter            Coleman
Freeman                Gourdine               Govan
Hamilton               Hines, J.              Hosey
Howard                 Law                    Lee
Littlejohn             Lloyd                  Lourie
Mack                   McLeod                 Miller
Neal, J.H.             Neal, J.M.             Ott
Owens                  Parks                  Perry
Rhoad                  Rodgers                Rutherford
Scarborough            Scott                  Smith, J.E.
Smith, W.D.            Talley                 Taylor

Printed Page 2954 . . . . . Wednesday, May 1, 2002

Thompson               Tripp                  Weeks
Whipper                White                  Wilder

Total--45

So, the Bill was continued.

H. 3592--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, May 8, which was adopted:

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.

H. 4716--AMENDED AND REJECTED

The following Bill was taken up:

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

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21256SD02), which was adopted:
Amend the bill, as and if amended, by striking Section 59-1-430 of the 1976 Code, as contained in SECTION 1 and inserting:


Printed Page 2955 . . . . . Wednesday, May 1, 2002

/   Section 59-1-430.   Notwithstanding any other provisions of law to the contrary, all school days missed because of snow, or extreme weather conditions, or other disruptions must be made up. All school districts shall annually designate three days for students and three days for teachers within their school calendars to be used as make-up days in the event of these occurrences. In the event that sufficient make-up days are not in the school district calendar, the local school board of trustees may lengthen the hours of school operation by no less than one hour per day for the total number of hours missed. Schools operating on a four by four block schedule shall make every effort to make up the time during the semester that days are missed. Any plan to make up days by lengthening the school day must be approved by the State Department of Education prior to implementation. In meeting the requirements of Act 436 of 1982, no No makeup days for students may be scheduled on Saturdays. Provided, however, that remedial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board.

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

Rep. WALKER explained the amendment.

Rep. WALKER spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 48; Nays 46


Printed Page 2956 . . . . . Wednesday, May 1, 2002

Those who voted in the affirmative are:
Barrett                Bingham                Bowers
Campsen                Cato                   Chellis
Clyburn                Cooper                 Cotty
Dantzler               Easterday              Fleming
Gilham                 Hamilton               Harrell
Harrison               Hines, J.              Hinson
Huggins                Kirsh                  Littlejohn
Loftis                 Lourie                 Mack
Martin                 Neal, J.M.             Owens
Perry                  Quinn                  Rice
Riser                  Rivers                 Rodgers
Sandifer               Scarborough            Sinclair
Smith, D.C.            Smith, J.E.            Smith, J.R.
Stille                 Talley                 Thompson
Townsend               Walker                 White
Wilkins                Witherspoon            Young, A.

Total--48

Those who voted in the negative are:

Allen                  Breeland               Brown, G.
Brown, J.              Brown, R.              Carnell
Coates                 Cobb-Hunter            Coleman
Delleney               Edge                   Freeman
Frye                   Gourdine               Govan
Hayes                  Hines, M.              Hosey
Howard                 Jennings               Keegan
Knotts                 Koon                   Leach
Lee                    Lloyd                  Lucas
McCraw                 McLeod                 Meacham-Richardson
Miller                 Neal, J.H.             Neilson
Ott                    Parks                  Phillips
Rutherford             Scott                  Sharpe
Sheheen                Smith, G.M.            Taylor
Weeks                  Whatley                Whipper
Wilder

Total--46

So, the amendment was adopted.


Printed Page 2957 . . . . . Wednesday, May 1, 2002

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

Yeas 48; Nays 48

Those who voted in the affirmative are:

Barfield               Barrett                Bingham
Campsen                Cato                   Chellis
Clyburn                Cotty                  Dantzler
Easterday              Fleming                Gilham
Gourdine               Hamilton               Harrell
Harrison               Haskins                Hines, J.
Hinson                 Huggins                Kelley
Kirsh                  Leach                  Littlejohn
Loftis                 Lourie                 Martin
Neal, J.M.             Owens                  Perry
Quinn                  Rice                   Riser
Rodgers                Sandifer               Sharpe
Sinclair               Smith, D.C.            Smith, J.E.
Stille                 Townsend               Tripp
Vaughn                 Walker                 White
Wilkins                Witherspoon            Young, A.

Total--48

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Carnell                Coates                 Cobb-Hunter
Coleman                Delleney               Edge
Freeman                Frye                   Govan
Hayes                  Hines, M.              Hosey
Howard                 Keegan                 Knotts
Koon                   Lee                    Lloyd
Lucas                  Mack                   McCraw
McGee                  McLeod                 Meacham-Richardson
Miller                 Neal, J.H.             Neilson
Ott                    Parks                  Phillips
Rhoad                  Rivers                 Scott
Sheheen                Simrill                Smith, G.M.

Printed Page 2958 . . . . . Wednesday, May 1, 2002

Smith, J.R.            Taylor                 Thompson
Whatley                Whipper                Wilder

Total--48

So, the Bill was rejected.

ACTING SPEAKER CATO IN CHAIR

H. 3640--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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 USED FOR THE EXPENSES OF THE COUNTY TRANSPORTATION COMMITTEE, CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION ADMINISTERS ALL FUNDS EXPENDED ON THE STATE HIGHWAY SYSTEM, CLARIFY THE USE OF "C" FUND REVENUES, ELIMINATE BID PREFERENCES FOR COUNTIES ADMINISTERING THEIR OWN "C" FUNDS, AND GIVE THE DEPARTMENT OF TRANSPORTATION AUTHORITY TO ENFORCE "C" FUND PROVISIONS BY WITHHOLDING OF "C" FUND ALLOCATIONS AND FORFEITURE OF ALLOCATIONS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9024HTC02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION   1.   Section 12-28-2740 of the 1976 Code is amended to read:

"Section 12-28-2740.   (A)   The proceeds from two and sixty-six one-hundredths cents a gallon of the tax on gasoline only as levied and provided for in this chapter must be deposited with the State Treasurer and expended for purposes set forth in this section. The monies must


Printed Page 2959 . . . . . Wednesday, May 1, 2002

be apportioned among the counties of the State in the following manner:

(1)   one-third distributed in the ratio which the land area of the county bears to the total land area of the State;

(2)   one-third distributed in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census;

(3)   one-third distributed in the ratio which the mileage of all rural roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Transportation;. The Department of Revenue shall collect the information required pursuant to Section 12-28-1390 regarding the number of gallons sold in each county for use in making allocations of donor funds as provided in subsection (H). The Department of Revenue shall submit the percentage of the total represented by each county to the Department of Transportation and to each county transportation committee annually by May first of the following calendar year. Upon request of a county transportation committee, the Department of Transportation shall continue to administer the funds allocated to the county.

(4)   for distribution in 1997, a transitional year as the result of the change of date for reporting the percentages referenced in item (3) to May first, the Department of Transportation shall use the latest data available from the Department of Revenue, which was derived from sales data for the 1995 calendar year.

All interest earnings on the County Transportation Fund in the State Treasury must be credited to the State Highway Fund.

All earnings on the County Transportation Fund in the State Treasury must be added to the distribution to counties under this section in the ratio that the proportion to each county's portion of the entire County Transportation Fund annual distribution is of the total of these distributions statewide. Except for those funds being used in connection with highway projects administered by the Department of Transportation on behalf of counties administering their own 'C' funds, these distributions of earnings and the calculation required to determine the appropriate amount shall not include those counties administering their own 'C' funds.

(B)   The funds expended must be approved by and used in furtherance of a countywide transportation plan adopted by a county transportation committee. The county transportation committee must be appointed by the county legislative delegation and must be made up


Printed Page 2960 . . . . . Wednesday, May 1, 2002

of fair representation from municipalities and unincorporated areas of the county. County transportation committees may join in approving a regional transportation plan, and the funds must be used in furtherance of the regional transportation plan. This subsection does not prohibit the county legislative delegation from making project recommendations to the county transportation committee. A county transportation committee may expend from the funds allocated under this section an amount not to exceed one two thousand dollars for reasonable administrative expenses directly related to the activities of the committee. Administrative expenses may include costs associated with copying, mailings, public notices, correspondence, and recordkeeping but do not include the payment of per diem or salaries for members of the committee.

(C)   At least twenty-five percent of a county's apportionment of 'C' funds, based on a biennial averaging of expenditures, must be expended on the state highway system for construction, improvements, and maintenance. The Department of Transportation shall administer all funds expended on the state highway system unless the department has given explicit authority to a county or municipal government to construct and inspect projects using their own personnel. The county transportation committee, at its discretion, may expend up to seventy-five percent of 'C' construction funds for activities including, but not limited to, other local paving or improving county roads, for street and traffic signs, and for other paving road and bridge projects. Roads constructed of rock must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.

(D)   The funds allocated to the county also may be used to issue county bonds or state highway bonds as provided in subsection (J), pay directly for appropriate highway projects, including engineering, contracting, and project supervision, and match federal funds available for appropriate projects. For counties administering their own 'C' funds, the balance of uncommitted funds carried forward from one year into the next may not exceed three hundred percent of that county's total apportionment for the most recent year. An amount in excess of this limit must be divided among the other counties as provided in subsection (A). Expenditures must be documented on a per-project basis upon the completion of each project in reports to the respective county transportation committees. This documentation must be provided by the agency or local government actually expending the funds and it shall include a description of the completed project and a general accounting of all expenditures made in connection with the


Printed Page 2961 . . . . . Wednesday, May 1, 2002

project. These reports then must be forwarded by each county transportation committee to the department and the department shall compile these reports into an annual statewide report to be submitted to the General Assembly by the second Tuesday of January of each year. The documentation and reporting requirements of this subsection apply only to counties which withdraw administering their own 'C' funds from the State Treasurer's Office.

(E)   All unexpended 'C' funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.

(F)   The countywide and regional transportation plans provided for in this section must be reviewed and approved by the Department of Transportation. Before the expenditure of funds by a county transportation committee, the committee shall adopt specifications for local road projects. In counties electing to expend their allocation directly pursuant to subsection (A), specifications of roads built with 'C' funds are to be established by the countywide or regional transportation committee. In counties in which the county transportation committee elects to have 'C' funds administered by the Department of Transportation, primary and secondary roads built using 'C' funds must meet Department of Transportation specifications.

(G)   This section must not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the Department of Transportation.

(H)   For purposes of this subsection, 'donor county' means a county that contributes to the 'C' fund an amount in excess of what it receives under the allocation formula as stated in subsection (A). In addition to the allocation to the counties pursuant to subsection (A), the Department of Transportation annually shall transfer from the state highway fund to the donor counties an amount equal to nine and one-half million dollars in the ratio of the individual donor county's contribution in excess of 'C' fund revenue allocated to the county under subsection (A) to the total excess contributions of all donor counties.

(I)   In expending funds under this section, counties that provide for engineering, contracting, and project supervision administer their own 'C' funds shall use a procurement system which requires competitive sealed bids, no bid preferences, and public advertisement of all projects. All bids for contracts in excess of one hundred thousand dollars must be accompanied by certified bid bonds, and all work awarded under the contracts must be covered by performance and


Printed Page 2962 . . . . . Wednesday, May 1, 2002

payment bonds for one hundred percent of the contract value. Bid summaries must be published in a newspaper of general distribution following each award.

(J)   State highway bonds may be issued for the completion of projects for which 'C' funds may be expended for projects as determined by the county transportation committee. The applicable source for payment of principal and interest on the bonds is the share of 'C' fund revenues available for use by the county transportation committee. The application for the bonds must be filed by the county transportation committee with the Commission of the Department of Transportation and the State Treasurer, which shall forward the application to the State Budget and Control Board. The Budget and Control Board shall consider the application in the same manner that it considers state highway bonds, mutatis mutandis.

(K)   Members of the committee are insulated from all personal liability arising out of matters related directly to and within the scope of the performance of official duties and functions conferred upon the committee pursuant to this section.

(L)   In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.

(M)   In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.

(N)   In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.

(O)   Notwithstanding other provisions of this section, the legislative delegation of a county may by delegation resolution abolish the county transportation committee and devolve its powers and duties on the governing body of the county. This devolution may be reversed and the county transportation committee reestablished by a subsequent delegation resolution. The exercise of county transportation committee powers and duties by a county governing body is not deemed to constitute dual office holding.

(P)   The department shall perform audits of counties that administer their own funds to ensure compliance with subsections (C), (D), (F), and (I). A county failing to comply with these subsections must have all subsequent 'C' fund allocations withheld until the requirements of those subsections are met. If a county fails to comply with those subsections within twenty-four months, the county forfeits fifty percent of its allocations for the following year and the forfeited


Printed Page 2963 . . . . . Wednesday, May 1, 2002

amount must be divided among the other counties as provided in subsection (A)." /
Amend title to conform.

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

Reps. RICE and VAUGHN propose the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9057HTC02), which was adopted:
Amend the bill, as and if amended, in Section 12-28-2740, as contained in SECTION 1, by striking subsections (C), (D), (I), and (P) and inserting:
/   (C)   At least twenty-five percent of a county's apportionment of 'C' funds, based on a biennial averaging of expenditures, must be expended on the state highway system for construction, improvements, and maintenance. The Department of Transportation shall administer all funds expended on the state highway system unless the department has given explicit authority to a county or municipal government or other agent acting on behalf of the county transportation committee to design, engineer, construct, and inspect projects using their own personnel. The county transportation committee, at its discretion, may expend up to seventy-five percent of 'C' construction funds for activities including, but not limited to, other local paving or improving county roads, for street and traffic signs, and for other paving road and bridge projects. Roads constructed of rock must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.

(D)   The funds allocated to the county also may be used to issue county bonds or state highway bonds as provided in subsection (J), pay directly for appropriate highway projects, including engineering, contracting, and project supervision, and match federal funds available for appropriate projects. The balance of uncommitted funds carried forward from one year into the next may not exceed three hundred percent of that county's total apportionment for the most recent year. An amount in excess of this limit must be divided among the other counties as provided in subsection (A). Expenditures must be documented on a per-project basis upon the completion of each project in reports to the respective county transportation committees. This documentation must be provided by the agency or local government actually expending the funds and it shall include a description of the


Printed Page 2964 . . . . . Wednesday, May 1, 2002

completed project and a general accounting of all expenditures made in connection with the project. These summaries of these reports then must be forwarded by each county transportation committee to the department using guidelines established by the department and the department shall compile these reports into an annual statewide report to be submitted to the General Assembly by the second Tuesday of January of each year. The documentation and reporting requirements of this subsection apply only to counties which withdraw administering their own 'C' funds from the State Treasurer's Office. For purposes of this section, 'uncommitted funds' means funds held in the county's 'C' fund account that have not been designated for specific projects.

(I)   In expending funds under this section, counties that provide for engineering, contracting, and project supervision administer their own 'C' funds shall use a procurement system which requires competitive sealed bids, no bid preferences not required by state or federal law, and public advertisement of all projects. All bids for contracts in excess of one hundred thousand dollars must be accompanied by certified bid bonds, and all work awarded under the contracts must be covered by performance and payment bonds for one hundred percent of the contract value. Bid summaries must be published in a newspaper of general distribution following each award.

(P)   The Department of Transportation shall perform reviews to ensure compliance with subsections (C), (D), (F), and (I). A county failing to comply with these subsections must have all subsequent 'C' fund allocations withheld until the requirements of those subsections are met. If a county fails to comply with those subsections within twenty-four months, the county forfeits fifty percent of its allocations for the following year and the forfeited amount must be divided among the other counties as provided in subsection (A)." /
Amend further, as and if amended, in Section 12-28-2740, by adding a new subsection at the end to read:

/ (Q)   A county subject to a proposed withholding or forfeiture of 'C' fund allocations pursuant ot this section must be notified in writing of the department's decision. The county, within sixty days of receipt of notice of the decision, may request a review of the decision by a panel consisting of the state highway engineer or his designee, the chairman of the affected county's transportation committee or his designee, and a third person named by mutual agreement between the state highway engineer and the county transportation committee chairman. The panel shall meet and render a decision within ninety days of the request by the county transportation committee. The


Printed Page 2965 . . . . . Wednesday, May 1, 2002

decision of the panel may be appealed by requesting a contested case hearing before the Administrative Law Judge Division pursuant to Section 1-23-600 and the rules of procedure for the Administrative Law Judge Division. The request for a hearing must be made within thirty days of receipt of the panel's decision. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. RICE proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\21310SD02), which was adopted:
Amend the bill, as and if amended, in Section 12-28-2740(D) of the 1976 Code, as contained in SECTION 1 by striking the second and third sentences of the subsection and inserting: / Beginning July 1, 2002, for any new 'C' fund allocations received on or after this date, the balance of uncommitted funds carried forward from one year into the next may not exceed three hundred percent of the county's total apportionment for the most recent year. /.
Renumber sections to conform.
Amend totals and title to conform.

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

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

Yeas 64; Nays 32

Those who voted in the affirmative are:

Barfield               Bingham                Brown, J.
Campsen                Carnell                Cato
Chellis                Coates                 Cooper
Dantzler               Easterday              Edge
Frye                   Gilham                 Govan
Hamilton               Harrell                Harrison
Hinson                 Huggins                Keegan
Kelley                 Knotts                 Leach
Littlejohn             Loftis                 Lourie
Martin                 McGee                  Merrill

Printed Page 2966 . . . . . Wednesday, May 1, 2002

Neilson                Ott                    Owens
Parks                  Perry                  Quinn
Rice                   Riser                  Rivers
Rodgers                Scarborough            Scott
Sharpe                 Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Talley
Taylor                 Thompson               Townsend
Tripp                  Vaughn                 Walker
Weeks                  Whatley                White
Wilder                 Wilkins                Witherspoon
Young, A.

Total--64

Those who voted in the negative are:

Allen                  Barrett                Bowers
Breeland               Brown, G.              Brown, R.
Cobb-Hunter            Coleman                Delleney
Fleming                Freeman                Hines, J.
Hines, M.              Hosey                  Jennings
Kirsh                  Lee                    Lloyd
Lucas                  Mack                   McCraw
McLeod                 Meacham-Richardson     Miller
Neal, J.H.             Neal, J.M.             Phillips
Rhoad                  Sandifer               Sheheen
Simrill                Whipper

Total--32

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

S. 813--DEBATE ADJOURNED

The following Bill was taken up:

S. 813 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.


Printed Page 2967 . . . . . Wednesday, May 1, 2002

Rep. OTT explained the Bill.

Rep. FLEMING moved to adjourn debate on the Bill until Thursday, May 2.

Rep. OTT moved to table the motion, which was not agreed to by a division vote of 23 to 32.

The question then recurred to the motion to adjourn debate until Thursday, May 2, which was agreed to.

SPEAKER IN CHAIR

H. 4922--DEBATE ADJOURNED

The following Bill was taken up:

H. 4922 (Word version) -- Reps. Scarborough, Owens, Limehouse, White, Trotter, Townsend, Cooper, Kelley, Meacham-Richardson, Altman and Loftis: 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.

Rep. CAMPSEN explained the Bill.

Rep. SCOTT moved to adjourn debate on the Bill until Tuesday, May 7.

Rep. TRIPP moved to table the motion.


Printed Page 2968 . . . . . Wednesday, May 1, 2002

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

Yeas 45; Nays 54

Those who voted in the affirmative are:

Altman                 Barrett                Bingham
Brown, R.              Cato                   Coates
Coleman                Cooper                 Cotty
Delleney               Easterday              Frye
Hamilton               Harrell                Haskins
Hinson                 Huggins                Kirsh
Knotts                 Koon                   Leach
Loftis                 Lucas                  McGee
Meacham-Richardson     Merrill                Neilson
Owens                  Perry                  Rice
Riser                  Scarborough            Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Talley                 Taylor                 Thompson
Tripp                  Vaughn                 White

Total--45

Those who voted in the negative are:

Allison                Barfield               Battle
Bowers                 Brown, G.              Brown, J.
Campsen                Carnell                Chellis
Clyburn                Cobb-Hunter            Dantzler
Edge                   Freeman                Gilham
Gourdine               Govan                  Harrison
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Keegan
Kelley                 Law                    Lloyd
Lourie                 Mack                   Martin
McCraw                 McLeod                 Miller
Neal, J.H.             Neal, J.M.             Ott
Parks                  Phillips               Quinn
Rhoad                  Rivers                 Rodgers
Sandifer               Scott                  Sheheen
Smith, J.E.            Snow                   Walker

Printed Page 2969 . . . . . Wednesday, May 1, 2002

Weeks                  Whatley                Whipper
Wilder                 Wilkins                Witherspoon

Total--54

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Tuesday, May 7, which was agreed to.

H. 4899--COMMITTED

The following Bill was taken up:

H. 4899 (Word version) -- Reps. R. Brown, Jennings and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-635 SO AS TO PROVIDE FOR A ONE DOLLAR ANNUAL SURCHARGE ON ALL MOTOR VEHICLE REGISTRATION AND LICENSING FEES, AND TO PROVIDE FOR THE ALLOCATION OF THE SURCHARGE.

Rep. VAUGHN moved to commit the Bill to the Committee on Ways and Means.

Rep. BOWERS moved to table the motion.

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

Yeas 25; Nays 57

Those who voted in the affirmative are:

Bowers                 Coates                 Delleney
Freeman                Hayes                  Hines, M.
Jennings               Lloyd                  Lourie
Lucas                  Martin                 McGee
Miller                 Neal, J.M.             Owens
Rhoad                  Rivers                 Rutherford
Scott                  Smith, G.M.            Smith, J.E.
Stille                 Townsend               Weeks
White

Total--25


Printed Page 2970 . . . . . Wednesday, May 1, 2002

Those who voted in the negative are:
Allen                  Altman                 Barfield
Barrett                Battle                 Bingham
Brown, G.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Cooper                 Cotty
Dantzler               Easterday              Edge
Frye                   Gourdine               Hamilton
Harrison               Hines, J.              Hinson
Hosey                  Keegan                 Kirsh
Koon                   Law                    Leach
Littlejohn             Loftis                 McCraw
Merrill                Neilson                Parks
Perry                  Phillips               Quinn
Rice                   Riser                  Sandifer
Simrill                Sinclair               Smith, F.N.
Smith, J.R.            Smith, W.D.            Snow
Talley                 Taylor                 Thompson
Tripp                  Vaughn                 Whatley
Wilder                 Wilkins                Witherspoon

Total--57

So, the House refused to table the motion.

The question then recurred to the motion to commit the Bill to the Committee on Ways and Means, which was agreed to by a division vote of 41 to 33.

H. 4411--DEBATE ADJOURNED

The following Bill was taken up:

H. 4411 (Word version) -- Reps. J. R. Smith, Walker, Clyburn and McLeod: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO REQUIRE THE NAME OF THE COUNTY IN WHICH A VEHICLE IS REGISTERED AND PROPERTY TAXES ARE PAID TO BE PLACED ON LICENSE PLATES.


Printed Page 2971 . . . . . Wednesday, May 1, 2002

Rep. WALKER explained the Bill.

Rep. WALKER moved to adjourn debate on the Bill until Thursday, May 2, which was agreed to.

H. 4911--DEBATE ADJOURNED

The following Bill was taken up:

H. 4911 (Word version) -- Reps. Kelley, A. Young, Loftis, Bales, Edge, Clyburn, J. R. Smith, Whipper, Barfield, Chellis, Davenport, Gilham, Gourdine, Govan, Harrison, Harvin, J. Hines, Hinson, Keegan, Law, Leach, Owens, Rodgers, Sandifer, Scarborough, Townsend and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-72 SO AS TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION SHALL APPOINT AN ADVISORY PANEL TO RECOMMEND TO THE STATE BOARD OF EDUCATION BY JUNE 1, 2002, A PLAN TO IMPLEMENT A UNIFORM SCHOOL TERM STARTING DATE AFTER LABOR DAY FOR PUBLIC SCHOOLS IN SOUTH CAROLINA BEGINNING WITH THE 2003-04 SCHOOL YEAR AND SUGGESTED PACT TESTING DATES FOR THE 2003-2005 SCHOOL YEARS, AND TO PROVIDE THAT THE STATE BOARD SHALL ACT ON THE RECOMMENDATIONS OF THE ADVISORY PANEL BY AUGUST 31, 2002, AND IMPLEMENT THE RECOMMENDATIONS EFFECTIVE WITH THE 2003-04 SCHOOL YEAR.

Rep. TRIPP moved to adjourn debate on the Bill until Thursday, May 2.

Rep. KELLEY moved to table the motion.

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

Yeas 50; Nays 50

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Battle                 Bowers                 Breeland
Brown, G.              Brown, R.              Campsen
Chellis                Coates                 Cooper

Printed Page 2972 . . . . . Wednesday, May 1, 2002

Easterday              Edge                   Fleming
Freeman                Gilham                 Gourdine
Harrell                Hines, J.              Hinson
Huggins                Jennings               Keegan
Kelley                 Law                    Lloyd
Loftis                 Mack                   McGee
Meacham-Richardson     Merrill                Miller
Owens                  Perry                  Quinn
Rice                   Riser                  Sandifer
Scarborough            Sharpe                 Smith, D.C.
Smith, G.M.            Smith, J.R.            Snow
Whatley                White                  Wilkins
Witherspoon            Young, A.

Total--50

Those who voted in the negative are:

Allen                  Barrett                Brown, J.
Carnell                Cato                   Clyburn
Cobb-Hunter            Coleman                Cotty
Dantzler               Delleney               Frye
Hamilton               Hayes                  Hines, M.
Hosey                  Kirsh                  Koon
Leach                  Lee                    Littlejohn
Lourie                 Lucas                  Martin
McCraw                 McLeod                 Neal, J.H.
Neal, J.M.             Neilson                Ott
Phillips               Rhoad                  Rivers
Rodgers                Scott                  Sheheen
Simrill                Sinclair               Smith, F.N.
Smith, J.E.            Stille                 Talley
Taylor                 Thompson               Townsend
Tripp                  Vaughn                 Walker
Weeks                  Wilder

Total--50

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Thursday, May 2.


Printed Page 2973 . . . . . Wednesday, May 1, 2002

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

Yeas 57; Nays 46

Those who voted in the affirmative are:

Allen                  Barrett                Bingham
Breeland               Brown, G.              Brown, J.
Brown, R.              Cato                   Clyburn
Cobb-Hunter            Coleman                Cotty
Dantzler               Frye                   Govan
Hamilton               Hayes                  Hines, J.
Hines, M.              Hosey                  Huggins
Jennings               Kirsh                  Koon
Leach                  Lee                    Littlejohn
Lourie                 Lucas                  Mack
Martin                 McCraw                 McLeod
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Phillips               Rhoad
Rivers                 Scott                  Sheheen
Simrill                Sinclair               Smith, F.N.
Smith, G.M.            Smith, J.E.            Stille
Talley                 Taylor                 Thompson
Townsend               Tripp                  Vaughn
Walker                 Weeks                  Wilder

Total--57

Those who voted in the negative are:

Altman                 Barfield               Battle
Bowers                 Campsen                Carnell
Chellis                Coates                 Cooper
Delleney               Easterday              Edge
Fleming                Freeman                Gilham
Gourdine               Harrell                Harrison
Haskins                Hinson                 Keegan
Kelley                 Law                    Lloyd
Loftis                 McGee                  Meacham-Richardson
Merrill                Miller                 Owens
Perry                  Quinn                  Rice
Riser                  Rodgers                Sandifer
Scarborough            Sharpe                 Smith, D.C.

Printed Page 2974 . . . . . Wednesday, May 1, 2002

Smith, J.R.            Snow                   Whatley
White                  Wilkins                Witherspoon
Young, A.

Total--46

So, the motion to adjourn debate was agreed to.

H. 4861--DEBATE ADJOURNED

Rep. RICE moved to adjourn debate upon the following Bill until Thursday, May 2, which was adopted:

H. 4861 (Word version) -- Reps. Coleman, Cotty, G. M. Smith, W. D. Smith, Allen, G. Brown, Davenport, Delleney, Emory, Harrison, Howard, Jennings, Lourie, McCraw, J. M. Neal, Ott, Phillips, Sheheen, Sinclair, F. N. Smith, J. E. Smith, Talley, Weeks, Whatley, Witherspoon and J. Young: A BILL TO AMEND SECTION 56-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH TRAFFIC CITATIONS ISSUED IN SOUTH CAROLINA OR A COMPACT JURISDICTION, SO AS TO PROVIDE FOR THE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A CITATION FOR A VIOLATION OF TITLE 50 OR ANOTHER LAW REGULATING HUNTING OR FISHING ISSUED IN THIS OR ANOTHER COMPACT JURISDICTION.

H. 3056--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3056 (Word version) -- Reps. Meacham-Richardson, A. Young, Simrill, Stille, White, Perry, Rodgers, Gilham and Lourie: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS SEPARATE AGGRAVATING CIRCUMSTANCES WHICH MAY BE CONSIDERED IN THE DETERMINATION OF THE SENTENCE TO BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A PROTECTIVE ORDER OR A RESTRAINING ORDER, AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER WHEN THE


Printed Page 2975 . . . . . Wednesday, May 1, 2002

DEFENDANT HAD A PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED OFFENSES AGAINST THE HOUSEHOLD MEMBER VICTIM; TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, 16-25-60, 16-25-70, ALL AS AMENDED, AND SECTION 16-25-65, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE, UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS, TO PROVIDE THAT THE SOLICITOR MAY NOT DROP A CRIMINAL DOMESTIC VIOLENCE CHARGE BEFORE TRIAL, TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS NOT TO BE CONSIDERED FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT PERSONS CHARGED WITH CRIMINAL DOMESTIC VIOLENCE OFFENSES UNDER TITLE 16, CHAPTER 25 MAY NOT BE CONSIDERED FOR THIS PROGRAM; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS AND THE RELEASE OF DEFENDANTS, SO AS TO REQUIRE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL DOMESTIC VIOLENCE FORTY-EIGHT HOURS AFTER ARREST, UPON GOOD CAUSE SHOWN AT THE BOND HEARING.

Rep. FLEMING proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11643AC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION __.   Section 24-19-10(d)(i) of the 1976 Code, as last amended by Act 441 of 1996, is further amended to read:

"(i)   under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years, or less; or/


Printed Page 2976 . . . . . Wednesday, May 1, 2002

Renumber sections to conform.
Amend totals and title to conform.

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

Rep. DELLENEY proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\AMEND\22550CM02), which was adopted:
Amend the bill, as and if amended, Section 20-4-20(b), as contained in SECTION 1, page 11, by striking /parents and children,/ on line 14.
Amend title to conform.

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

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

Yeas 99; Nays 0

Those who voted in the affirmative are:

Allen                  Allison                Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Fleming                Freeman
Frye                   Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Huggins                Jennings
Keegan                 Kelley                 Kirsh
Koon                   Law                    Leach
Lee                    Littlejohn             Loftis
Lourie                 Lucas                  Mack
Martin                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Neal, J.H.             Neal, J.M.             Neilson

Printed Page 2977 . . . . . Wednesday, May 1, 2002

Ott                    Owens                  Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Rodgers                Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Snow                   Stille
Talley                 Taylor                 Thompson
Tripp                  Walker                 Weeks
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.

Total--99

Those who voted in the negative are:

Total--0

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

S. 1131--DEBATE ADJOURNED

Rep. QUINN moved to adjourn debate upon the following Bill until Tuesday, May 7, which was adopted:

S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND


Printed Page 2978 . . . . . Wednesday, May 1, 2002

COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

S. 820--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 820 (Word version) -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11640AC02), which was adopted:
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 "Prohibition of Human Cloning Act".
SECTION   2.   The 1976 Code is amended by adding:

"Section 16-17-745.   (A)   As used in this section:

(1)   'Human Cloning' means human asexual reproduction, accomplished by introducing nuclear material from one or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism, at any stage of development, that is genetically virtually identical to an existing or previously existing human organism.

(2)   'Asexual Reproduction' means reproduction not initiated by the union of oocyte and sperm.

(3)   'Somatic Cell' means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human organism at any stage of development.


Printed Page 2979 . . . . . Wednesday, May 1, 2002

(4)   'Product' of human cloning includes stem cells and all other constituent parts of an embryo created through human cloning.

(B)   No person shall knowingly or with reckless disregard:

(1)   perform or attempt to perform human cloning or derive any product from human cloning;

(2)   participate in an attempt to perform human cloning or derive any product from human cloning;

(3)   ship, receive, transport, transfer, or distribute in intrastate commerce for any purpose an embryo produced by human cloning or any product derived from such embryo;

(C)   A person who violates subsection (B) is guilty of a felony and, upon conviction, must be fined not more than one hundred thousand dollars or imprisoned for not more than ten years, or both. However, in the case of a violation that involves the derivation of a pecuniary gain, the person must be fined not less than one million dollars and not more than an amount equal to the amount of the gross gain multiplied by two, if that amount is greater than one million dollars. Each violation constitutes a separate offense.

(D)   A license to practice a profession or occupation issued by a board, agency, or department of this State must be suspended immediately upon conviction of a licensee violating subsection (B) while engaging in that profession or occupation.
(E)   Nothing in subsection (B) restricts areas of scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans or human-animal chimera.
(F)   Subsection (B)(3) must be interpreted to apply to the maximum extent not inconsistent with the federal commerce clause."
SECTION 2.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid or otherwise ineffective.


Printed Page 2980 . . . . . Wednesday, May 1, 2002

SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

Rep. FLEMING moved to adjourn debate on the Bill until Thursday, May 2.

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

The amendment was then adopted.

Rep. CAMPSEN explained the Bill.

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

Yeas 77; Nays 15

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Battle                 Bingham                Campsen
Carnell                Cato                   Chellis
Coleman                Cooper                 Delleney
Easterday              Edge                   Freeman
Frye                   Gilham                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Hinson                 Hosey
Huggins                Keegan                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Littlejohn
Loftis                 Lourie                 Lucas
McCraw                 McLeod                 Meacham-Richardson
Merrill                Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rodgers                Sandifer               Scarborough
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.R.            Smith, W.D.

Printed Page 2981 . . . . . Wednesday, May 1, 2002

Snow                   Stille                 Talley
Taylor                 Thompson               Tripp
Vaughn                 Walker                 Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, A.

Total--77

Those who voted in the negative are:

Allen                  Breeland               Brown, R.
Cobb-Hunter            Hines, J.              Hines, M.
Howard                 Jennings               Kennedy
Lee                    Lloyd                  Mack
Miller                 Rivers                 Weeks

Total--15

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

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

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

H. 5194 (Word version) -- Reps. Townsend, Barrett, Sharpe and Martin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF TRANSPORTATION HONOR THE MOTOR VEHICLE MAXIMUM LENGTH LIMITATIONS PERMITTED BY THE STATES OF NORTH CAROLINA AND GEORGIA, RESPECTIVELY, UPON MOTOR VEHICLES THAT DISPLAY FARM TRUCK LICENSE PLATES FROM THOSE STATES.
Ordered for consideration tomorrow.


Printed Page 2982 . . . . . Wednesday, May 1, 2002

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

H. 4996 (Word version) -- Rep. Barrett: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAYS 11 AND 28 IN WAGENER TOWNSHIP IN OCONEE COUNTY THE "GENERAL JOHN A. WAGENER INTERCHANGE" IN HONOR OF GENERAL JOHN A. WAGENER, THE FOUNDER OF THE TOWN OF WALHALLA, AND INSTALL APPROPRIATE SIGNS OR MARKERS.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 5215 (Word version) -- Reps. Taylor and Wilder: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.
On motion of Rep. WILDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5216 (Word version) -- Reps. Kirsh, Meacham-Richardson, McCraw, Delleney and Simrill: A BILL TO ESTABLISH AND REAPPORTION ELECTION DISTRICTS IN WHICH FIVE OF THE SEVEN TRUSTEES OF THE CLOVER SCHOOL DISTRICT NO. 2 OF YORK COUNTY ARE REQUIRED TO RESIDE AND PROVIDE A SCHEDULE FOR THE ELECTION OF TRUSTEES.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5217 (Word version) -- Reps. Cobb-Hunter, Owens and A. Young: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF COMMERCE TO STUDY THE VIABILITY OF ESTABLISHING AN INLAND INTERMODAL PORT IN THE VICINITY OF INTERSTATES 95 AND 26 AND TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY ON JANUARY 14, 2003.


Printed Page 2983 . . . . . Wednesday, May 1, 2002

RULE 5.12 WAIVED

Rep. COBB-HUNTER moved to waive Rule 5.12, which was agreed to by a division vote of 52 to 1.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.
Referred to Committee on Labor, Commerce and Industry

CONCURRENT RESOLUTION

The following was introduced:

H. 5218 (Word version) -- Reps. Freeman, Jennings, Lucas and Neilson: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE GAIL B. INGRAM OF CHERAW HIGH SCHOOL FOR BEING SELECTED AS THE NATIONAL HISTORY DAY TEACHER OF THE YEAR FOR 2001-2002 AND TO WISH HER GOOD HEALTH AND HAPPINESS IN HER FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5219 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION CONGRATULATING FORT MILL AND ITS TOWN CITIZENS ON THEIR TWENTIETH ANNUAL FEST-I-FUN SPRING CELEBRATION, TO COMMEND THEM ON CREATING A COMMUNITY SPIRITED, FUN-FILLED EVENT FOR ALL AGES, AND TO WISH THEM A SUCCESSFUL 2002 FESTIVAL.


Printed Page 2984 . . . . . Wednesday, May 1, 2002

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

MOTION NOTED

Rep. THOMPSON moved to reconsider the vote whereby H. 4716 (Word version) was rejected and the motion was noted.

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

ADJOURNMENT

At 1:05 p.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Carlton Bradley "Brad" Sanders, son of Assistant Accounts Manager Ann B. Sanders of House Bookkeeping, to meet at 10:00 a.m. tomorrow.

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