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


Printed Page 3646 . . . . . Thursday, May 23, 2002

Thursday, May 23, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

O God, our Heavenly Father, as our nation approaches the observance of a day sacred to the memory of our country's war dead, Memorial Day, we remember with thanks those who have given their lives for the protection of their country. Turn our hearts to You that holding our citizenship as a trust from You, we may guard, defend and use it according to Your will and that serving You with joyful and obedient hearts, we may cherish our freedom as a blessing. Hasten the day when nations "shall beat their swords into plowshares, and their spears into pruning hooks, nation shall not lift up sword against nation, neither shall they learn war any more." (Isaiah 2:4) 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. J. HINES moved that when the House adjourns, it adjourn in memory of Thelma Beasley of Lamar, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 22, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 996:

S. 996 (Word version) -- Senators Courson, Alexander, Anderson, Bauer, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman,


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Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A JOINT RESOLUTION TO CREATE THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President
Received as information.

REPORTS OF STANDING COMMITTEE

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

S. 1047 (Word version) -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1035 SO AS TO PERMIT THE SAMPLING OF WINES CONTAINING OVER SIXTEEN PERCENT BY VOLUME OF ALCOHOL, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.

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

S. 934 (Word version) -- Senator Hayes: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES,


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INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 5315 (Word version) -- Rep. Meacham-Richardson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL YELLOW JACKETS BASEBALL TEAM, COACHES, STAFF, AND SCHOOL OFFICIALS ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THE YELLOW JACKETS FOR WINNING THE CLASS AAAA STATE BASEBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the South Carolina House of Representatives to the Fort Mill Yellow Jackets Baseball team, coaches, staff, and school officials on a date and at a time to be determined by the Speaker, for the purpose of recognizing the Yellow Jackets for winning the Class AAAA State Baseball Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5316 (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,


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Kelley, Kennedy, Kirsh, Klauber, 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, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION THANKING THE HONORABLE MICHAEL STEWART "MICKEY" WHATLEY OF CHARLESTON COUNTY, OUR FRIEND AND ESTEEMED COLLEAGUE, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND WISHING HIM WELL IN HIS FUTURE ENDEAVORS.

Whereas, it is with great regret that the members of the House of Representatives have learned that our colleague and friend, the Honorable Michael Stewart "Mickey" Whatley is not seeking reelection; and

Whereas, Representative Whatley was born on October 7, 1935, in Charleston County; and

Whereas, he is the proud father of four children; and

Whereas, Representative Whatley attended the Southern Police Institute and is a 1978 graduate of the Baptist College of Charleston; and

Whereas, he compiled an exemplary record as a law enforcement officer, having served as Chief of Police for the City of North Charleston from 1992 through 1994, as a Lieutenant with the South Carolina Law Enforcement Division from 1984 through 1992, as President of the South Carolina Chapter of the Federal Bureau of Investigation Academy from 1982 through 1983, and as a member of the International Association of Police Chiefs; and

Whereas, he is a member of Dorchester Lodge 369 A.F.M., Scottish Rite Omar Shrine Temple, the National Boy Scouts Council of


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America, and served on the Strom Thurmond Monument Commission; and

Whereas, from 1958 through 1960 he served his country with distinction as a member of the United States Army; and

Whereas, since 1995, Representative Whatley has championed the interests of his county and the State of South Carolina as a member of the General Assembly, and possessed great leadership abilities and a clear vision for all South Carolinians. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, thank the Honorable Michael Stewart "Mickey" Whatley of Charleston County, our friend and esteemed colleague for his distinguished service as a member of the House of Representatives, and wish him and his family well in their future endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable Michael Stewart "Mickey" Whatley.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5317 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE LANDRUM HIGH SCHOOL BASEBALL TEAM FOR THEIR OUTSTANDING 2002 CLASS A STATE CHAMPIONSHIP WIN, AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.

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


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CONCURRENT RESOLUTION

The following was introduced:

H. 5318 (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, 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 CONCURRENT RESOLUTION TO EXPRESS THE BOUNDLESS GRATITUDE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. JOHN MICHAEL PALMS FOR HIS HIGHLY SUCCESSFUL TENURE AS PRESIDENT OF THE UNIVERSITY OF SOUTH CAROLINA AND FOR HIS COUNTLESS NOTABLE ACHIEVEMENTS ON BEHALF OF THE UNIVERSITY AND THE STATE, AND WISH HIM WELL AS HE LEAVES THIS GREAT INSTITUTION TO PURSUE OTHER EXCITING CHALLENGES.

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

INTRODUCTION OF BILLS

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

H. 5319 (Word version) -- Reps. Taylor, Wilder and Carnell: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 SO AS TO PROVIDE THAT ELECTION RESULTS MUST BE DETERMINED IN


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ACCORDANCE WITH THE NONPARTISAN ELECTION AND RUNOFF METHOD RATHER THAN THE NONPARTISAN PLURALITY METHOD.
On motion of Rep. TAYLOR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5320 (Word version) -- Rep. Altman: A BILL TO AMEND ACT 369 OF 1959, AS AMENDED, RELATING TO THE ST. JOHN'S FIRE DISTRICT IN CHARLESTON COUNTY, INCLUDING PROCEDURES APPLICABLE TO CONTRACTS, BIDDING, AND PROCUREMENT, SO AS TO REVISE PROCUREMENT AND BIDDING REQUIREMENTS APPLICABLE TO THE DISTRICT.
On motion of Rep. ALTMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5321 (Word version) -- Reps. McLeod and Wilder: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE BOUNDARIES OF CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE DELINEATION OF CERTAIN PRECINCTS IS DESCRIBED.

RULE 5.12 WAIVED

Rep. MCLEOD moved to waive Rule 5.12, which was agreed to by a division vote of 14 to 0.
On motion of Rep. MCLEOD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1243 (Word version) -- Senator Grooms: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.
Referred to Colleton Delegation

S. 1275 (Word version) -- Senator Moore: A BILL TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SINGLE-


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MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.
On motion of Rep. CLYBURN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5321--ORDERED TO BE READ SECOND TIME TOMORROW

On motion of Rep. MCLEOD, with unanimous consent, it was ordered that H. 5321 (Word version) be read the second time tomorrow.

HOUSE RESOLUTION

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

H. 5322 (Word version) -- Rep. Haskins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PLAYERS, COACHES, AND STAFF, AS WELL AS OTHER TEAM OFFICIALS OF THE GREENVILLE GRRROWL HOCKEY TEAM ON WEDNESDAY, MAY 29, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAM ON WINNING THE EAST COAST HOCKEY LEAGUE'S 2002 KELLY CUP CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the South Carolina House of Representatives to the players, coaches, and staff, as well as other team officials of the Greenville Grrrowl Hockey Team on Wednesday, May 29, 2002, at a time to be determined by the Speaker, for the purpose of recognizing and congratulating the team on wining the East Coast Hockey League's 2002 Kelly Cup Championship.

The Resolution was adopted.


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HOUSE RESOLUTION

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

H. 5323 (Word version) -- Rep. Haskins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE GREENVILLE GROOVE, ITS COACHES, STAFF, AND OTHER OFFICIALS, ON WEDNESDAY, MAY 29, 2002, AT 10:00 A.M., FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR WINNING THE 2002 BASKETBALL DEVELOPMENT LEAGUE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Greenville Groove, its coaches, staff, and other officials, on Wednesday, May 29, 2002, at 10:00 a.m., for the purpose of being recognized and congratulated for winning the 2002 National Basketball Development League Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5324 (Word version) -- Rep. Haskins: A HOUSE RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE GREENVILLE GRRROWL ON THEIR TERRIFIC SEASON OF COMPETITION AND TO CONGRATULATE THEM ON WINNING THE EAST COAST HOCKEY LEAGUE'S 2002 KELLY CUP CHAMPIONSHIP.

The Resolution was adopted.

ROLL CALL

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

Allison                Altman                 Bales
Barfield               Battle                 Bingham
Bowers                 Breeland               Brown, J.

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Brown, R.              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                  Hines, J.
Hines, M.              Hinson                 Huggins
Jennings               Keegan                 Kennedy
Kirsh                  Klauber                Koon
Law                    Leach                  Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Rhoad
Rice                   Riser                  Rivers
Sandifer               Scarborough            Scott
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Snow                   Stille
Stuart                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 23.

Karl Allen                        Fletcher Smith
Leon Howard                       Gresham Barrett
David Weeks                       Lonnie Hosey
Vincent Sheheen                   H.B. "Chip" Limehouse
Doug Smith                        Todd Rutherford

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David Mack                        Mark Kelley
Scott Talley                      Joseph Neal
Grady Brown                       Richard Quinn

Total Present--120

DOCTOR OF THE DAY

Announcement was made that Dr. Thomas Stoughton of Florence is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. HUGGINS presented to the House the Irmo High School Lady Yellow Jackets Tennis Team, the 2001 Class AAAA State Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. LIMEHOUSE presented to the House the Wando High School "Warriors" Boys Soccer Team, the 2002 Class AAAA State Champions, their coach and other school officials.

SPECIAL PRESENTATION

Rep. HUGGINS presented to the House the Chapin High School Varsity Boys Soccer Team, the 2002 Class AA State Champions, their coaches and other school officials.

S. 117--CONTINUED

The following Bill was taken up:

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.

Rep. ALTMAN moved to continue the Bill, which was agreed to.


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S. 1008--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1008 (Word version) -- Senators Richardson and Pinckney: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING BEAUFORT COUNTY TO THE GOVERNING BODY OF BEAUFORT COUNTY AND TO PROVIDE EXCEPTIONS.

Reps. RODGERS, GILHAM and RIVERS proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1007DW02), which was adopted:
Amend the bill, as and if amended, page 1, line 29, by striking SECTION 1(B) and inserting:
/   (B)   The application of subsection (A) does not include:

(1)   any office elected by the members of the General Assembly in joint session or any office, board, or commission appointed, elected, or recommended by members of the General Assembly for a position representing a judicial circuit or congressional district;

(2)   any recommendation for a magistrate appointed as provided in Section 22-1-10;

(3)   any recommendation for a master-in-equity appointed as provided in Section 2-19-110;

(4)   members of the Beaufort County Board of Elections and Registration;

(5)   members of the county transportation committee as provided in Section 12-28-2740;

(6)   the Commissioners of Pilotage for the Port of Port Royal as provided in Section 54-15-10;

(7)   appointments to the Technical College of the Lowcountry Commission as provided in Section 59-53-910;

(8)   any offices, boards, and commissions whose duties and responsibilities are totally within the boundaries of a municipality, which appointments must be made by the governing body of the municipality in which is located a majority of the customers served by that office, board, or commission;

(9)   Coastal Empire Mental Health Center Board of Directors;

(10)   Beaufort-Jasper Higher Education Commission;


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(11)   Lowcountry and Resort Island Tourism Commission;

(12)   Beaufort-Jasper Water and Sewer Authority Board of Directors;

(13)   Broad Creek Public Service Commission;

(14)   Fripp Island Public Service District;

(15)   Hilton Head Island #1 Public Service District; or

(16)   South Island Public Service District. /
Amend title to conform.

The amendment was then adopted.

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

S. 1008--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GILHAM, with unanimous consent, it was ordered that S. 1008 (Word version) be read the third time tomorrow.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 1007 (Word version) -- Senators Bauer, Gregory, Ravenel, Ritchie, Branton, Hawkins, Fair, Hayes and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION; AND SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH


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CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR.

S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.

S. 65 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE PUBLICLY ANNOUNCES AN INTENTION TO OFFER FOR THAT OFFICE AS A WRITE-IN CANDIDATE BY TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND TO PROVIDE FOR THE APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.

SENT TO THE SENATE

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

H. 4957 (Word version) -- Rep. Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO REQUIRE THAT THE OFFICIAL FLAG OF THE NATIONAL LEAGUE OF FAMILIES OF AMERICAN PRISONERS AND MISSING IN SOUTHEAST ASIA BE FLOWN ATOP THE DOME OF THE STATE HOUSE AND ON THE GROUNDS OF OR ATOP ALL SOUTH CAROLINA STATE WELCOME CENTERS AND STATE OFFICE BUILDINGS ON CERTAIN DAYS.


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S. 911--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up:

S. 911 (Word version) -- Senator Pinckney: A BILL TO CONFIRM AND RATIFY ALL PROCEEDINGS OF THE TRUSTEES AND OFFICIALS OF THE JASPER COUNTY SCHOOL DISTRICT IN CALLING AND HOLDING A SPECIAL ELECTION ON SEPTEMBER 29, 2001, PURSUANT TO THE JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, ON THE QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS IN AN AMOUNT NOT EXCEEDING FORTY-FIVE MILLION NINE HUNDRED SIXTY-NINE THOUSAND NINE HUNDRED SIXTY-FIVE DOLLARS AND IMPOSING A ONE PERCENT SPECIAL SALES AND USE TAX FOR NOT MORE THAN TWENTY-FIVE YEARS, AND AUTHORIZING THE ISSUANCE OF THE BONDS AND THE IMPOSITION OF THE SALES TAX IN FURTHERANCE OF THE VOTE AT THE ELECTION.

Rep. TRIPP moved to adjourn debate on the Bill until Tuesday, May 28.

Rep. RIVERS moved to table the motion, which was agreed to by a division vote of 24 to 2.

The Bill was read the third time and ordered returned to the Senate with amendments.

S. 966--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT
S. 966
The General Assembly, Columbia, S.C., May 22, 2002

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE


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MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.

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

That the same do pass with the following amendments: (Reference is to Printer's Version 4/25/02--H.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 59-133-30(16) of the 1976 Code is amended to read:

"(16)   appoint an executive committee not exceeding five members of the board who have which has the powers of the board during the interim between meetings of the board but not the power to do anything inconsistent with the policy or action taken by the board, and the executive committee at each meeting of the board shall report fully all action taken by it during the interim;"

SECTION   2.   Section 59-133-40 of the 1976 Code is amended to read:

"Section 59-133-40.   The board shall meet in Florence not less than four times each year, the time and place to be fixed by the chairman or as the board provides. The chairman shall preside and, in his absence, a member shall preside as the board may select. The chairman or a majority of the members has the power to call a special meeting and fix the time and place of the meeting. A majority of the members constitutes a quorum for the transaction of all business of the board. A majority vote of the whole board is required for the election or removal of the president. The president, other officers, and faculty members shall attend meetings of the board when requested to do so.

Notice of the time and place of all meetings of the board must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting."

SECTION   3.   This act takes effect upon approval by the Governor.   /

Amend title to conform.


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/s/Harvey S. Peeler, Jr.          /s/Harry C. Stille
John Y. McGill                    /s/Byron K. Webb
/s/Thomas C. Alexander            /s/Vida O. Miller
On Part of the Senate.            On Part of the House.

Rep. STILLE explained the Conference Report.

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

S. 237--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

S. 237 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CITATION PENALTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENTIAL BUILDERS, RESIDENTIAL SPECIALTY CONTRACTORS, AND HOME INSPECTORS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11758AC02), which was adopted:
Amend the bill, as and if amended, Section 40-59-10(A), page 18, line 41 after /appointment/ by inserting /and who must be recommended to the Governor by the South Carolina Home Builders Associations/. So when amended Section 40-59-10(a) reads:
/(A) There is created the South Carolina Residential Builders Commission which must be composed of seven persons who shall have been residents of the State for at least five years and two of whom must be consumers not engaged in the business of residential building, four of whom have been actively engaged in residential building for a period of at least five years before the date of their appointment and who must be recommended to the Governor by the South Carolina Home Builders Association, and one of whom has been actively engaged in residential specialty contracting for a period of at least five


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years before the date of appointment. One member must be appointed from each congressional district, and one must be appointed from the State at large. Members of the commission must be appointed by the Governor with the advice and consent of the Senate for a term of four years or until their successors are appointed and qualify. A vacancy occurring by reason of death, resignation, removal for cause, or otherwise must be filled for the remainder of the unexpired term in the manner of the original appointment. The Governor may remove any member of the commission in accordance with Section 1-3-240./
Amend the bill further, Section 40-59-20(8), page 20, line 24 by deleting /40-1-120/ and inserting /40-1-20/. So when amended Section 40-59-20(8) reads:
/(8)   As used in this chapter, the terms defined in Section 40-1-20 have the same meaning as stated in that section./
Amend the bill further, Section 40-59-110, page 23, line 34 by deleting /gross negligence, incompetence, or / ; and on line 36 after /contracting./ by inserting /For purposes of this section, misconduct includes a pattern of repeated failure by a residential builder or residential specialty contractor to pay labor or material bills./. So when amended Section 40-59-110 reads:
/   Section 40-59-110.   In addition to the grounds provided for in Section 40-1-110, the commission, upon a majority vote, may revoke, suspend, or restrict the license or registration of a licensee or registrant who the commission finds has committed fraud or deceit in obtaining a license or registration under this chapter or has engaged in misconduct in the practice of residential building or residential specialty contracting. For purposes of this section, misconduct includes a pattern or repeated failure by a residential builder or residential specialty contractor to pay labor or material bills. For purposes of disciplinary matters, or otherwise, compliance with the construction standards adopted by the commission is prima facie evidence of compliance with applicable professional standards./
Amend the bill further, Section 40-59-210(B), page 25, beginning on line 39 by deleting /The penalties shall be deposited in the state general fund./. So when amended Section 40-59-210(B) reads:
/(B)   In actions brought under item (2) of subsection (A), each violation of this chapter or regulation or order of the commission constitutes a separate offense, and the court may impose a civil penalty not to exceed two thousand dollars for each violation which is in addition to all other penalties provided by law. /

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Amend the bill further, Section 40-59-220(C), page 26, beginning on line 30 by deleting /or a reviewed financial statement demonstrating a net worth of not less than seventy-five thousand dollars of which at least fifteen thousand dollars must be in cash and cash equivalents./. So when amended Section 40-59-220(C) reads:
/(C)   The commission shall issue a residential builder's license if, as a result of examination, the commission finds that the applicant is qualified to engage in residential building in South Carolina, and the applicant submits an executed bond in the form and with a surety approved by the commission in the sum of not less than fifteen thousand dollars./
Amend the bill further, Section 40-59-220, page 27, immediately after line 15 by inserting:

/(G)   Notwithstanding any other provision of this chapter, the commission shall issue a residential builders license or residential specialty license without examination to an individual who is sixty years of age or older, who has for thirty years or more been performing work that is regulated under this chapter, and who is currently employed in this State to perform work that is regulated under this chapter. Proof of employment must be submitted to the commission in the manner and form prescribed by the commission. A license issued pursuant to this subsection is entitled to all the rights and privileges of licenses in the same classifications issued pursuant to this chapter./
Amend the bill further, Section 40-59-250(a), page 28, beginning on line 35 by deleting /The term 'misconduct' as used in Section 40-59-110 includes a pattern of repeated failure by a residential builder or residential specialty contractor to pay labor or material bills./. So when amended Section 40-59-250(A) reads:
/(A)   A person applying to the commission for licensure as a residential builder or registration as a residential specialty contractor must submit to a credit report. In addition to the information provided by the credit report, the commission may determine from the written application, the personal references provided by the applicant, written communications or complaints to the commission, and from any other reliable, documented sources whether an applicant for licensure as a residential builder or an applicant for registration as a residential specialty contractor has a reputation for the prompt payment of labor and material bills and for the timely completion of other contracts into which the applicant may have entered./


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Amend the bill further, Section 40-59-260, page 30, line 8 by deleting /(C)/ and inserting /(D)/ and on line 16 by deleting /(D)/ and inserting /(E)/. So when amended Section 40-59-260 reads:
/(D)   If a residential building or structure has been constructed by an owner under the exemption provided for in this section, the owner of the residential building or structure must promptly file as a matter of public record a notice with the register of deeds, indexed under the owner's name in the grantor's index, stating that the residential building or structure was constructed by the owner as an unlicensed builder. Failure to do so revokes the statutory exemption.

(E)   Nothing in this chapter may be construed to authorize an owner of a residential building or structure to hire a person or entity that is not licensed or registered in accordance with this chapter./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. COTTY moved to adjourn debate on the Bill until Tuesday, May 28, which was agreed to.

S. 464--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 464 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, SPECIFICATIONS, AND CODES WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.


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The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\ 21384DW02):
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION   __.   The 1976 Code is amended by adding:

"Section 59-104-25.   (A)   For the purposes of applying for the Palmetto Fellows Scholarships, beginning with students graduating in 2002 and thereafter, a 'magnet school' is defined as any public school within a school district whose enrollment is open to all students of that district with all of the following characteristics:

(a)   is attended by students outside their attendance zone who could not attend it if it were not a magnet school;

(b)   emphasizes an academic theme or specialization; and

(c)   was established for desegregation purposes.

(B)   For all students in magnet schools as defined in subsection (A), whenever a student meets all criteria for applying for the Palmetto Fellows Scholarship except for rank in class, the student may use the rank in class from the high school he or she would have attended had there been no magnet school so long as by submitting an application for a Palmetto Fellows Scholarship, the magnet school student does not cause the regular high school to exceed the five percent limitation from its sophomore or junior class for these scholarships.

(C)   The magnet high schools shall be responsible for obtaining official documentation from the regular high school that the magnet high school student is within the top five percent of either the sophomore or junior class. This documentation must be submitted with the student's Palmetto Fellows Scholarship application supporting documents. The official documentation shall include the name of the regular high school, the number in the class and whether it is the sophomore or junior year, and the student's exact rank in that class. Once the Commission on Higher Education has received all eligible applications, the commission shall ensure that the sending high schools do not exceed five percent of their classes with the inclusion of the magnet school applicants."
/SECTION   ____.   Article 21, Chapter 53, Title 59 of the 1976 Code is amended to read:

"Article 21
Vocational Career and Technology Training

Section 59-53-1810.   The State of South Carolina hereby accepts the provisions of an act of Congress entitled: 'To Provide for the


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Promotion of Vocational Education; to Provide for Cooperation with the States in the Promotion of Such Education in Agriculture and the Trades and Industries; to Provide for Cooperation with the States in the Preparation of Teachers of Vocational Subjects; and to Appropriate Money and Regulate Its Expenditure', and hereby designates and constitutes the State Board of Education as the South Carolina State Board of Vocational Career and Technology Training to cooperate with the United States Government in putting such law into operation.

Section 59-53-1820.   The State Board of Vocational Career and Technology Training may cooperate with any local or state agency for the advancement of agricultural and industrial education.

Section 59-53-1830.   The State Treasurer is hereby created and appointed custodian of all funds coming to the State from the United States under the provisions of the act referred to in Section 59-53-1810 and shall be is responsible on his bond for the correct and proper handling of such the funds. All moneys monies appropriated by the State or paid into the State Treasury from the United States for the purpose set forth in Sections 59-53-1810 to 59-53-1870 shall must be paid out upon the order of the State Board of Education, duly countersigned and approved by the secretary of the board, and itemized vouchers shall must be filed with the Comptroller General as in the case of other funds.

Section 59-53-1840.   There shall must be appropriated annually, out of the State Treasury, for the promotion of vocational career and technology education in agriculture, subjects, industrial subjects and home economic engineering or industrial technology, and family and consumer science subjects, a sum not less than the amount which may be apportioned to the State from the funds appropriated by the Congress of the United States in an act entitled 'An Act to Provide for the Promotion of Vocational Education; to Provide for Cooperation with the States in the Promotion of such Education in Agriculture and the Trades and Industries; to Provide for Cooperation with the States in the Preparation of Teachers of Vocational Subjects; and to Appropriate Money and Regulate its Expenditure', approved February 23, 1917.

Section 59-53-1850.   Moneys Monies appropriated under the terms of Sections 59-53-1810 to 59-53-1870 shall must be paid out upon the order of the State Board of Education, duly countersigned and approved by the secretary of the State Board of Education Clemson University, and itemized vouchers shall must be filed with the Comptroller General as in the case of other funds.


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For high schools and joint vocational career and technology schools having a vocational career and technology agriculture program, monies appropriated for this purpose shall must be disbursed for use by such the schools to conduct vocational career and technology agriculture programs on a full-time twelve-month per year basis. The provisions of this section shall not prohibit monies appropriated for vocational career and technology agriculture to be used in programs of less than twelve months per each year. The local school board shall decide whether all or any part of its vocational career and technology agricultural program shall be 12 twelve months or less than 12 twelve months after consideration of the local board's needs assessment for vocational career and technology agriculture and the findings of the State Department of Education's Clemson University's review of the local vocational career and technology agricultural program.

Section 59-53-1860.   The State Board of Education may use the funds appropriated by Sections 59-53-1810 to 59-53-1870 for the payment of the salaries of teachers, supervisors, or directors of vocational career and technology subjects, for the purchase of supplies and equipment to be used by vocational career and technology classes, for the maintenance of classes for training teachers of vocational career and technology subjects or for the administration of vocational career and technology education, including necessary supervision and clerical help.

Due to the special characteristics of agriculture education work experiences which require instruction during the summer and on a year-round basis, monies appropriated for this purpose shall must be available on a full-time twelve-month per year basis to those high schools and joint vocational career and technology schools whose teachers of vocational career and technology agriculture are responsible for the following programs of instruction on a full-time basis during the interim between academic years:

(a)   supervision and instruction of students in agriculture experience programs;

(b)   group and individual instruction of farmers and agribusinessmen;

(c)   supervision of student members of 'Future Farmers of America' who are involved in leadership training or other activities as part of their vocational career and technology education instructional program;

(d)   any program of vocational career and technology agriculture established by the State Board of Education.


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Section 59-53-1870.   The State Board of Education shall adopt rules and regulations governing the expenditures of moneys monies appropriated by Sections 59-53-1810 to 59-53-1870 and shall make the same known to the various school districts of the State in order that they may know the conditions under which they are entitled to share in the funds available for vocational career and technology education.

On or before December 30, 1980, the The State Board of Education shall adopt instructional program standards for vocational career and technology programs and a needs assessment format which includes instructional requirements for the special characteristics of the different vocational career and technology programs, using as a guide for vocational career and technology agriculture the standards of quality vocational career and technology programs in agriculture/agribusiness education developed by the vocational career and technology agricultural education profession. The instruction program standards for vocational career and technology agriculture programs shall include the instructional programs for the interim between academic years which are itemized in Section 59-53-1860 of the 1976 Code, as amended.

These instructional program standards shall be incorporated in the South Carolina State Plan for Vocational- Technical Career and Technology Education as adopted by the State Board of Education. The instructional standards adopted by the State Board of Education shall must be used to evaluate all vocational career and technology programs.

Local programs of vocational career and technology agriculture education and the school district's needs assessment for agriculture education programs shall must be reviewed by the State Department of Education Clemson University consultants for agriculture education with the participation of an advisory team consisting at minimum of a member of the local advisory committee for vocational career and technology agriculture, a member of the local advisory council for vocational career and technology education, and a teacher-educator for agriculture education from Clemson University. The findings of such these reviews shall include an explicit statement of the vocational career and technology agricultural education needs of the students and the agriculture community served by such the local program. Any member of this review team shall must be allowed to include a minority opinion in the findings of the review. These reviews shall must be scheduled by the State Department of Education Clemson University at intervals adequate to assure local program compliance


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with the State Plan for Vocational and Technical Career and Technology Education. Whenever a high school or joint vocational career and technology school's annual report, as required by Section 59-20-60, the S. C. Education Finance Act of 1977, on programmatic needs fails to justify or continue offering on a full-time twelve-month per year basis any existing vocational career and technology agriculture education program, the school district board of trustees for such the school shall include and consider the findings of the State Department of Education Clemson University review of the local vocational career and technology agriculture program in the needs assessment of such the district board of trustee's comprehensive annual and long-range plan for meeting program needs.

Section 59-53-1880.   For the purpose of developing and maintaining vocational career and technology education facilities and programs to serve an area not exclusively within the boundaries of a single school district, the school districts serving such an area are empowered to affiliate with each other under such the terms and conditions, not in conflict with this section and Section 59-53-1890, as they see fit. The affiliation shall must be evidenced by a written instrument to be filed with the secretary and administrative officer of the State Board of Education and with the county boards of education concerned.

Section 59-53-1890.   The affiliation agreement shall provide:

(a)   for the affiliating school districts to appoint a liaison committee which shall recommend organizational and administrative procedures and measures to assure adequate accounting procedures;

(b)   procedures by which vocational career and technology education funds appropriated by the federal, state, or county government may be applied for and received;

(c)   procedures by which one of the affiliating school districts may hold title for the benefit of all to real and personal property acquired with such funds; and

(d)   that each of the affiliating school districts shall have an equity in such the joint assets to the extent that the assessed tax value of the property within such the school district bears to the aggregate assessed tax value of the property within the combined area of the school districts. If less than an entire school district is served by such vocational the career and technology education facilities or programs, only the area served shall must be considered in computing equities in joint assets.


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Section 59-53-1900.   Any group of two or more school districts of the State, without regard to county lines, may join to create vocational career and technology school boards (hereinafter referred to as boards) to construct, operate, govern, supervise, manage, and control vocational schools. Provided, however However, that the provisions of this section shall not be applicable to any school district with a vocational career and technology center serving only those students residing within its geographical limits. Each board shall consist of six appointed members, to be apportioned among the districts joining in the creation of the board as the districts may agree. Members shall must be selected by the school boards of trustees from the members of their respective district school boards of trustees. The terms of the members of the board shall must be concurrent with their terms on the district school board of trustees. In the event that If vacancies occur or members of the boards cease to be members of their respective boards of trustees, such the vacancies shall must be filled by members from the same school board of trustees of which the withdrawing member was a member, selected by the trustees of that district or county.

The superintendent of each participating district shall serve as an ex officio non-voting nonvoting member of the board. The superintendents shall must be administrative members of the board and shall jointly nominate staff and assume such responsibilities and perform such duties as may be prescribed by law or by regulations of the State Board of Education or as may be prescribed by the vocational career and technology school board.

As soon as convenient after June 4, 1975 the The respective boards of trustees of participating districts shall select their members and the boards shall convene and organize by electing one member as chairman and one as vice chairman. The terms of chairman and vice chairman shall be are for one year. The boards shall have such other officers and prescribe terms thereof as deemed considered necessary.

The members of the boards shall must be paid such compensation as the boards may provide by resolution; provided, that such the compensation shall not exceed fifty dollars per meeting and mileage at a rate of fourteen cents per mile.

Section 59-53-1910.   The vocational career and technology school shall not constitute a separate school district but shall be a joint project for the establishment of a vocational career and technology school by the cooperating school districts. The vocational career and technology school shall must be funded by the respective district boards, as the district boards may agree upon. The costs of acquiring real property


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and the improvements thereon on it are to be borne by the respective district boards according to their agreement thereon.

Section 59-53-1920.   The boards shall must be fully empowered to operate, govern, supervise, manage, control, direct, acquire, construct, maintain, improve, and extend the facilities of the schools. To that end, the boards shall have the following powers to:

(1)   To have perpetual succession.;

(2)   To sue and be sued.;

(3)   To adopt, use, and alter an institutional seal.;

(4)   To define a quorum for meetings.;

(5)   To establish a principal office.;

(6)   To make bylaws for the management and regulation of their affairs.;

(7)   To acquire, build, construct, equip, maintain, and operate a vocational career and technology school or schools.;

(8)   To select a vocational career and technology school director or directors.;

(9)   To accept gifts or grants of services, properties, or monies from private individuals or entities, from the State of South Carolina, the United States, or its agencies thereof. ;

(10)   To make contracts and execute and deliver all instruments necessary or convenient for the carrying on of the business of the vocational career and technology school.;

(11)   To acquire in the name of the cooperating districts, as tenants in common, by purchase or gift, all land and interest therein in it which the boards shall, in their discretion, deem consider necessary to enable them to fully and adequately discharge their responsibilities.;

(12)   To appoint officers, agents, and employees and prescribe their duties, fix their compensation, and determine if and to what extent they shall must be bonded for the faithful performance of their duties; and to make contracts for construction, architectural, engineering, legal, and other services and materials.;

(13)   To determine each school year the student capacity of the vocational career and technology school, with the capacity to be apportioned by agreement among the cooperating districts. In the event that in If any school year any of the respective boards fail to fulfill their quota, the other boards shall must be permitted to fill such the unused allocation with students from their county. The boards utilizing the unused allocation shall pay for each student on a pro rata part of the year's current operating expenses based upon the budget. This amount shall must be paid at the beginning of the fiscal year,


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except that the actual cost shall may not be computed until the end of the current school year or the end of each semester and adjustments shall must be made at that time. Nothing herein shall in this section must be construed to limit the cost of maintenance, support, and operations of the vocational career and technology schools jointly.; and

(14)   To perform all other actions necessary or convenient to carry out any responsibility, function, or power committed or granted to the boards.

Section 59-53-1930.   The boards shall conduct their affairs on the fiscal year basis employed by the State. As soon after the close of each fiscal year as may be practicable, an audit of school affairs shall must be made by a certified public accountant, to be designated by the boards. Copies of such the audits, incorporated into annual reports of the boards, shall must be filed with the cooperating school districts.

Section 59-53-1940.   It shall be is unlawful for any a person to wilfully injure or destroy, or in any manner hurt, damage, tamper with, or impair the facilities of a vocational board, or any part thereof of it. Any A person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction, shall must be fined not less than ten dollars nor more than one hundred dollars or imprisoned for not more than thirty days at the discretion of the court, and shall must be further liable to pay the cost of all damages.

Section 59-53-1950.   The General Assembly shall provide funds in the annual general appropriation appropriations act for the purchase of equipment for vocational career and technology training pursuant to the Department of Education's State Plan for vocational-technical education Career and Technology Education. The highest priority in funding for vocational career and technology education must be given to job preparatory workforce preparation, occupational proficiency courses in areas related to:

(a)   current high technology trades, businesses, and industries;

(b)   high labor market and high labor intensive demand;

(c)   small business management; and

(d)   new and emerging trades, industries, and businesses which foster and enhance the economic development, stability, and diversification of the State's economy.

Section 59-53-1960.   Commencing with 1987-88, to To continue existing job preparatory workforce preparation programs, other than vocational career and technology agriculture, fifty percent of the graduates available for placement must be placed during the prior three years in the area for which training was provided. Each graduate of a


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job preparatory vocational workforce preparation career and technology education program must be surveyed by his school district ten months after graduation to determine job placement status. The school districts shall make an annual report to the State Board of Education of the findings of its survey. The State Board of Education shall report the results of the district surveys to the Governor, General Assembly, and the Advisory Council on Vocation Technical Career and Technology Education. The State Board of Education may waive the fifty percent requirement upon recommendation of the school district, if the district can demonstrate that a program responds to the employment needs of new or expanding businesses or industries. Students must be advised prior to before enrollment in a job preparatory workforce preparation program of possible discontinuation of the program, if placement data indicate possible discontinuation, and of the employment outlook for graduates of the program. Students enrolling in vocational career and technology programs which are not preparatory for employment must be clearly advised of this fact by the school district.

Section 59-53-1970.   South Carolina's evolving economy, new conditions in the workplace, and changing needs of employers combined with the provisions of basic skills remedial programs, increased course requirements, and modernization of equipment require a reassessment of the state's efforts to prepare young people for employment. To assist the General Assembly and the Governor in reviewing the state's vocational education system for grades 9 through 12, the South Carolina Advisory Council on Vocational and Technical Education is directed to conduct an intensive study of how the vocational education system can best prepare young people with skills employers will require between the years 1990 and 2000.

This study shall provide the General Assembly with:

(1)   data on and analysis of students' use of the vocational education system, delineating among participation in courses, between occupational and non-occupational courses of study, and between students who participate in a complete sequence of courses as opposed to those who take only one or two courses;

(2)   recommendations for the creation of a new management information system which will provide the General Assembly with more timely, accurate, and useful information about student participation in, completion of, and placement from various vocational education programs, and the effects of students' participation in these programs;


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(3)   a demographic and achievement profile of students who enroll in, complete, and are placed from vocational education courses;

(4)   a report of employers' expectations of and experiences with the vocational education system, based on interviews with a representative sample of employers in South Carolina;

(5)   a report of students' perceptions of and experiences with the vocational education system, based on interviews with a representative sample of current and former public school students;

(6)   recommendations for how the vocational education system can best meet the training and employment needs of low achieving students who do not seek post-secondary education;

(7)   recommendations for how the programs of the vocational education system can be better coordinated with other state agencies concerned with education, training, and employment to best serve young people who do not seek post-secondary education;

(8)   report on South Carolina's labor needs between 1990 and 2000 which can be met by students who successfully complete programs provided by the vocational education system.

The House Education and Public Works Committee and the Senate Education Committee shall designate committee staff to serve as liaisons with the staff of the South Carolina Advisory Council on Vocational and Technical Education to provide advice about how the study can be designed, implemented, and reported so as to be most useful to the General Assembly. Components of the study must be issued serially, as completed. The South Carolina Advisory Council on Vocational and Technical Education is authorized to seek funding from private sources to facilitate the study, and to subcontract with appropriate public and private entities to conduct any of the various components of the study. The study must be completed no later than April, 1986. Reserved.

Section 59-53-1980.   The Governor shall appoint a committee to study all areas of career and technology training in South Carolina. The committee is composed of representatives of the business community, the General Assembly, and the various agencies involved in career and technology training. Based on the findings of the committee, the Governor shall make recommendations to the General Assembly related to a coordinated statewide program of career and technology training which addresses the following concerns:

a.   duplication of services and people served.;


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b.   need for a comprehensive assessment of future job opportunities in South Carolina and the relationships of those opportunities to the direction of future job training efforts.;

c.   need for a unified plan to coordinate job training efforts.;

d.   need for a standard management information system.;

e.   insufficient emphasis on entrepreneur training and information and service occupations.;

f.   narrow missions of Special Schools.;

g.   training systems not prepared to handle federal cutbacks in funding.;

h.   insufficient coordination with private employers to provide job training.;

i.   insufficient coordination of training needs for special target groups.;

j.   lack of coordination of illiteracy efforts with job training programs.;

k.   other barriers which prevent a coordinated, accessible, and efficient job training effort in South Carolina."
SECTION   ____.Section 59-18-1580 of the 1976 Code, as added by Act 400 of 1998, is amended to read:

"Section 59-18-1580.   (A)   If recommendations approved by the State Board of Education are not satisfactorily implemented by the school district according to the time line developed by the State Board of Education, or if student performance has not made the expected progress and the school district is designated as unsatisfactory, the district superintendent and members of the board of trustees must shall appear before the State Board of Education to outline the reasons why a state of emergency should must not be declared in the district.

(B)   The state superintendent, with the approval of the State Board of Education, is granted authority to do any of the following:

(1)   furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education to include establishing and conducting a training program for the district board of trustees and the district superintendent to focus on roles and actions in support of increases in student achievement;

(2)   arbitrate personnel matters between the district board and district superintendent when the State Board of Education is informed that the district board is considering dismissal of the superintendent, and the parties agree to arbitration;

(3)   recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office


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vacant, the state superintendent may furnish an interim replacement until the vacancy is filled by the district board of trustees or until an election is held as provided by law to fill the vacancy if the superintendent who is replaced is elected to such office. District boards of trustees negotiating contracts for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts;

(3)(4)   declare a state of emergency in the school district and assume management of the school district.

(C)   The district board of trustees may appoint at least two nonvoting members to the board from a pool nominated by the Education Oversight Committee and the State Department of Education. The appointed members shall have demonstrated high levels of knowledge, commitment, and public service, must be recruited and trained for service as appointed board members by the Education Oversight Committee and the State Department of Education, and shall represent the interests of the State Board of Education on the district board. Compensation for the nonvoting members must be paid by the State Board of Education in an amount equal to the compensation paid to the voting members of the district board."
SECTION   ___. Section 59-18-700 of the 1976 Code, as added by Act 400 of 1998, is amended to read:

"Section 59-18-700.   The criteria governing the adoption of All instructional materials shall be revised by the State Board of Education to require that placed on the approved list of instructional materials and textbooks for use in the public schools of this State pursuant to State Board of Education regulations the content of such materials reflect shall contain the substance and level of performance outlined in the grade and subject specific educational academic standards adopted by the state board State Board of Education."
SECTION   ___. Section 59-31-45 of the 1976 Code is repealed.
SECTION   ___. Section 59-19-90(8) of the 1976 Code is amended to read:

"(8)   Charge matriculation and incidental fees. Charge and collect matriculation and incidental fees from the pupils when allowed by any special act of the General Assembly students; however, regulations or policies adopted by the board regarding charges and collections must take into account the students' ability to pay and must hold the fee to a


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minimum reasonable amount. Fees may not be charged to students eligible for free lunches and must be reduced pro rata for students eligible for reduced price lunches;" /
Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER explained the amendment.

POINT OF ORDER

Rep. TRIPP raised the Point of Order that Amendment No. 1 was out of order under Rule 9.3 in that it was not germane to the Bill. Specifically, the committee attached more than one previously passed House Bill to a Senate Bill, and Rule 9.3 limits the committee to one Bill.
SPEAKER WILKINS stated that the amendment met the requirements of Rule 9.3 in that it was identical to a House Bill previously passed by the House during this session and reported out of the committee now offering it as an amendment. The Speaker refused to interpret the language of the Rule in a way that would limit the committee from attaching just one previously passed House Bill. The Speaker stated that as long as the committee attached previously passed House Bills properly, then they could attach multiple Bills to a Senate Bill. He therefore overruled the Point of Order.

Rep. WALKER continued speaking.

Reps. LOFTIS, TRIPP, DAVENPORT, KELLEY, J. BROWN, PERRY, KENNEDY, TOWNSEND, ALLISON, BALES, WALKER and STILLE requested debate on the Bill.

S. 1096--RECALLED FROM COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:

S. 1096 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX


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DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.

S. 830--RECALLED FROM COMMITTEE ON WAYS AND MEANS

On motion of Rep. COTTY, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 830 (Word version) -- Senators Giese, Hayes, Courson and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-65 SO AS TO PROVIDE THAT STATE AND LOCAL OFFICERS AND EMPLOYEES ARE ENTITLED TO CERTAIN PAID LEAVES OF ABSENCE IN ORDER TO BE AN ORGAN DONOR.

H. 3601--DEBATE ADJOURNED

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

H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.

Rep. CATO moved to adjourn debate upon the Senate Amendments until Tuesday, May 28, which was agreed to.


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S. 852--DEBATE ADJOURNED

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

S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.

Rep. COOPER moved to adjourn debate upon the Senate Amendments until Tuesday, May 28, which was agreed to.

H. 3959--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

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


Printed Page 3681 . . . . . Thursday, May 23, 2002

Rep. DELLENEY 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. 3905--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3905 (Word version) -- Reps. Whipper, Altman, R. Brown, Campsen, Carnell, Cobb-Hunter, Harvin, Kelley and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATES COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD.

Rep. WHIPPER 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. 3851--POINT OF ORDER

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

H. 3851 (Word version) -- Reps. J. E. Smith and Rodgers: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE GENERATED BY THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALSO REQUIRE THEIR USE FOR OTHER TOURISM-RELATED LANDS AND WATER ACCESS.

POINT OF ORDER

Rep. MILLER made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number


Printed Page 3682 . . . . . Thursday, May 23, 2002

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. 5105--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

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 3683 . . . . . Thursday, May 23, 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.

Rep. CATO 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. 4096--POINT OF ORDER

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

H. 4096 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD AND REDEFINE CERTAIN DEFINITIONS TO COMPLY, CONFORM, AND BE CONSISTENT WITH THE AMENDMENT TO CHAPTER 43 OF TITLE 38 IN THIS ACT; TO AMEND CHAPTER 43, TITLE 38, RELATING TO INSURANCE AGENTS AND AGENCIES, SO AS TO, AMONG OTHER THINGS, ESTABLISH A UNIFORM STANDARD FOR PERFORMING THE DUTIES OF A PRODUCER, PROVIDE UNIFORM EXCEPTIONS TO LICENSURE AMONG STATES FOR INDIVIDUALS NOT LICENSED AS INSURANCE PRODUCERS, CLARIFY THE REQUIREMENT FOR AGENCY LICENSURE, REMOVE THE REQUIREMENT THAT AN INSURER LICENSE AN AGENT AND INSTEAD REQUIRE AN INSURER APPOINT A LICENSED AGENT, ESTABLISH STANDARD NOTIFICATION REQUIREMENTS FOR INSURERS AND PRODUCERS WHEN A PRODUCER'S CONTRACT IS CANCELED, PROVIDE


Printed Page 3684 . . . . . Thursday, May 23, 2002

IMMUNITY AND CONFIDENTIALITY FOR THESE NOTIFICATIONS, ESTABLISH NONRESIDENT LICENSING STANDARDS FOR PRODUCERS AMONG STATES, ESTABLISH INSURANCE LINES OF AUTHORITY A PRODUCER MAY BE LICENSED FOR IN THE STATE, ESTABLISH FEE STANDARDS FOR LICENSURE AND APPOINTMENT OF AN INSURANCE PRODUCER, ESTABLISH REQUIREMENTS FOR APPLICATION FOR A PRODUCER LICENSE, ESTABLISH A UNIFORM STANDARD FOR NONRESIDENT PRODUCER'S EXEMPTION FROM PRE-LICENSING EDUCATION AND EXAMINATION REQUIREMENTS, PROVIDE UNIFORM STANDARDS FOR ISSUANCE OF A TEMPORARY PRODUCER LICENSE, REQUIRE PRODUCER PRE-LICENSING EDUCATION COURSES TO BE REVIEWED BY THE CONTINUING EDUCATION ADVISORY COMMITTEE, ESTABLISH AN ADDITIONAL EXEMPTION FROM PRODUCER CONTINUING EDUCATION REQUIREMENTS, ADD A REINSTATEMENT PROVISION FOR A PRODUCER'S FAILURE TO COMPLY WITH LICENSING REQUIREMENTS, PROVIDE ADDITIONAL OFFENSES FOR WHICH DISCIPLINARY ACTION MAY BE WARRANTED, AND ESTABLISH REPORTING REQUIREMENTS FOR PRODUCERS AGAINST WHOM ADMINISTRATIVE ACTION OR CRIMINAL PROSECUTION HAS BEEN TAKEN.

POINT OF ORDER

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

LEAVE OF ABSENCE

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


Printed Page 3685 . . . . . Thursday, May 23, 2002

H. 4879--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT.

RULE 5.15 WAIVED

Rep. HARRELL moved to waive Rule 5.15, which was agreed to by a division vote of 42 to 3.

Reps. SCOTT, STILLE and TOWNSEND proposed the following Amendment No. 1A (Doc Name AMENDMENTS\11806AC02), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   A.   Beginning with the 2002-2003 academic year there is created, an annual State Scholarships and Grants Guidance Counselor Workshop for middle and high school guidance counselors. The purpose of the annual workshop is to outline scholarships, grants, loans, and other sources of educational funding available to students desiring to go to college and to review the requirements and procedures necessary for students to apply and qualify for such scholarships, grants and loan programs. The Department of Education annually shall submit a list of guidance counselors to the Commission on Higher Education by the established deadline. The commission is responsible for administering the State Scholarship and Grant Guidance Counselor Workshop.
B.   To ensure greater availability of information to parents of students interested in attending college, the Commission on Higher Education shall:

(1)   develop and produce a brochure for the parents of all South Carolina high school students which shall include a listing of all state and federal sources for funding college tuition, including scholarships, loans, and grants. The brochure also must include contact names and numbers for parents seeking additional information on the program. The brochure must be provided to guidance counselors for dissemination to parents and students;

(2)   create, as part of the commission's website, a page designed to provide the information printed in the brochure required in item (1).


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If possible, the web page must include links to the program contacts listed on the brochure.
C.   To evaluate the effectiveness of this annual workshop, the Commission on Higher Education shall develop a parent survey to be disseminated to a random sample of parents across the State. Care must be taken to ensure that all geographic areas of the State and representative student demographics are surveyed. The results of the evaluation must be provided to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the House Education and Public Works Committee chairman, and the Senate Education Committee chairman./
Renumber sections to conform.
Amend totals and title to conform.

Rep. SCOTT explained the amendment.

Rep. KEEGAN spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.

Rep. KELLEY moved to table the amendment.

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

Yeas 62; Nays 42

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Frye                   Gilham
Hamilton               Harrell                Harrison
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
McCraw                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Quinn                  Rice                   Riser
Sandifer               Scarborough            Sharpe

Printed Page 3687 . . . . . Thursday, May 23, 2002

Sheheen                Simrill                Smith, D.C.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Talley                 Thompson               Tripp
Trotter                Webb                   Whatley
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--62

Those who voted in the negative are:

Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Clyburn                Cobb-Hunter
Emory                  Gourdine               Govan
Harvin                 Haskins                Hines, J.
Hosey                  Jennings               Kennedy
Lloyd                  Lourie                 Mack
Martin                 McLeod                 Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Phillips
Rhoad                  Rutherford             Scott
Smith, F.N.            Smith, J.E.            Snow
Stille                 Stuart                 Taylor
Weeks                  Whipper                Wilder

Total--42

So, the amendment was tabled.

Rep. HARRELL explained the Senate Amendments.

ACTING SPEAKER CATO IN CHAIR

Rep. HARRELL continued speaking.

SPEAKER IN CHAIR

Rep. HARRELL continued speaking.

Rep. WALKER spoke against the Senate Amendments.


Printed Page 3688 . . . . . Thursday, May 23, 2002

Rep. J. E. SMITH spoke in favor of 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.

RETURNED TO THE SENATE WITH AMENDMENTS

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

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 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. 887 (Word version) -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX


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ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A REVISED DATE FOR THE REFERENDUM IN CASES OF A SUBSEQUENT IMPOSITION OF THE TAX AND DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR THE CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS FOR DETERMINING THE TERMINATION OF THE TAX.

S. 1157 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN OCONEE COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

S. 1196--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1196 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO ENDORSE THE DEPLOYMENT OF THE PREPASS ELECTRONIC PRECLEARANCE SYSTEM IN SOUTH CAROLINA AND TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO IMPLEMENT THIS SYSTEM.

Whereas, PrePass electronically identifies subscribing commercial vehicles, verifies state-required operating credentials, and checks both axle and gross weight as trucks bypass designated weigh stations and


Printed Page 3690 . . . . . Thursday, May 23, 2002

port-of-entry facilities at highway speed, therefore eliminating the need to stop at weigh stations; and

Whereas, electronic preclearance reduces motor carrier costs, increases manufacturer productivity, and improves highway safety; and

Whereas, the PrePass electronic preclearance system is a system developed and maintained by a non-profit entity and has been adopted by 23 other states, including several neighboring states; and

Whereas, participation will be strictly voluntary and strictly limited to carriers meeting established safety and credential criteria; and

Whereas, there shall be minimal state deployment and operation costs. Costs are recouped through fees collected from participating motor carriers, rather than funded by diverting highway user and safety enforcement fees; and

Whereas, PrePass policies are the product of a board of directors comprised of an equal number of motor carriers and state officials to ensure the system provides benefits to both parties; and

Whereas, this system is preferable to other similar systems because carriers can participate without initial up-front fees, long-term contracts, or transponder purchase fees; and

Whereas, South Carolina motor carriers strongly support the deployment of PrePass electronic preclearance in South Carolina. Now, therefore,

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

That the members of the General Assembly, by this resolution, endorse the deployment of the PrePass electronic preclearance system in South Carolina and request the Department of Public Safety to move forward as quickly as possible to implement this system.


Printed Page 3691 . . . . . Thursday, May 23, 2002

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

The Concurrent Resolution was adopted and sent to the Senate.

S. 1212--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1212 (Word version) -- Senators Pinckney and Richardson: A CONCURRENT RESOLUTION REQUESTING THE STATE DEPARTMENT OF EDUCATION TO ISSUE CORRECTED DIPLOMAS AND TO CHANGE RELATED RECORDS FOR THE 1949 AND 1950 GRADUATES OF PENN SCHOOL OF ST. HELENA ISLAND SO AS TO REFLECT THE NAME OF THE FACILITY THEY ATTENDED AND FROM WHICH THEY GRADUATED AS "PENN HIGH SCHOOL".

Whereas, Penn School was founded on St. Helena Island in April 1862, as a privately-funded school; and

Whereas, it was chartered in the State of South Carolina as Penn Normal, Industrial and Agricultural School; and

Whereas, in 1948, Penn Normal, Industrial and Agricultural School became part of the South Carolina public school system, keeping the name Penn Normal, Industrial and Agricultural School; and

Whereas, in 1949, the school was in its eighty-seventh year in facilities at the original site; and

Whereas, in 1949 and 1950, state diplomas were issued, noting the school as "St. Helena High School"; and

Whereas, the classes of 1951, 1952, and 1953 were issued state diplomas noting the school as "Penn High School"; and

Whereas, the surviving students of the 1949 and 1950 classes consider themselves Penn School graduates and desire to have their diplomas or records corrected to reflect the name of "Penn High School". Now, therefore,


Printed Page 3692 . . . . . Thursday, May 23, 2002

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

That the General Assembly of the State of South Carolina, by this resolution, requests the State Department of Education to issue corrected diplomas and to change related records for the 1949 and 1950 graduates of Penn School of St. Helena's Island so as to reflect the name of the facility they attended and from which they graduated as "Penn High School".

Be it further resolved that a copy of this resolution be forwarded to the State Department of Education in Columbia.

The Concurrent Resolution was adopted and sent to the Senate.

S. 1264--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1264 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 23 IN SALUDA COUNTY THAT IS ONE MILE NORTH OF MONETTA, SOUTH CAROLINA, AND WHICH IS ACROSS FROM THE WATSON PACKING SHED, IN MEMORY OF DEPUTY SHERIFF ALLEN "PETE" MYERS OF SALUDA, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.

Whereas, Deputy Sheriff Allen "Pete" Myers of the Edgefield County Sheriff's Office was killed in the line of duty, at the age of twenty-nine, on September 19, 2000, when his cruiser was struck head-on by a drunk driver; and

Whereas, Deputy Pete Myers was a loving husband and dedicated father and is survived by his wife, Sheila, and their son A.J.; and

Whereas, Deputy Myers attended Allen University in Columbia, South Carolina and graduated as President of his class from the South Carolina Law Enforcement Academy. He began his career as an officer in the Ninety Six Police Department and joined the Saluda County Sheriff's Office in 1997, where he quickly rose to sergeant. In


Printed Page 3693 . . . . . Thursday, May 23, 2002

October of 1999, Pete joined the Edgefield County Sheriff's Office as a deputy; and

Whereas, Pete Myers was a member of the Pleasant Hill Baptist Church and also worked for the Saluda School District as a teacher's assistant for students with special needs; and

Whereas, friends and loved ones describe Pete Myers as "one of a kind", someone who was ever cheerful and always had something positive to say, and co-workers describe him as a "complete officer", always performing his duties with politeness and professionalism; and

Whereas, the members of the General Assembly wish to express their condolences to the family and friends of Deputy Pete Myers and wish to honor his memory by requesting that the portion of Highway 23 be named in memory of Allen "Pete" Myers, an outstanding husband, father, and law enforcement officer. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, request that the Department of Transportation name the portion of South Carolina Highway 23 in Saluda County that is one mile north of Monetta, South Carolina, and which is across from the Watson Packing Shed, in memory of Deputy Sheriff Allen "Pete" Myers of Saluda, and place appropriate markers or signs on the highway reflecting this designation.

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

The Concurrent Resolution was adopted and sent to the Senate.

H. 5280--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5280 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE LAKE MARION BOAT CHANNEL, KNOWN AS THE "SAFE CHANNEL", AS THE "DANNY BELL


Printed Page 3694 . . . . . Thursday, May 23, 2002

BOAT CHANNEL" IN HONOR OF THE LATE DANNY BELL OF EUTAW SPRINGS, AND INSTALL APPROPRIATE SIGNS OR MARKERS.

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

That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Natural Resources name the Lake Marion boat channel, commonly known as the "Safe Channel", running easterly from the vicinity of the Brickyard, then northerly across Lake Marion to the vicinity of Abund Island in or near the Santee National Wildlife Refuge, and then northeasterly to the vicinity of the mouth of Wyboo Creek, as the "Danny Bell Boat Channel" in honor of the late Danny Bell of Eutaw Springs, and install appropriate signs, markers, or buoys.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Natural Resources.

The Concurrent Resolution was adopted and sent to the Senate.

S. 1255--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1255 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 121 WHICH BEGINS AT THE EDGEFIELD-SALUDA COUNTY LINE AND ENDS AT THE NEWBERRY-SALUDA COUNTY LINE THE "VETERANS MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "VETERANS MEMORIAL HIGHWAY".

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

That the members of the General Assembly of the State of South Carolina request the Department of Transportation to name the portion of South Carolina Highway 121 which begins at the Edgefield-Saluda


Printed Page 3695 . . . . . Thursday, May 23, 2002

County line and ends at the Newberry-Saluda County line the "Veterans Memorial Highway", and to install appropriate markers or signs along this portion of highway containing the words "Veterans Memorial Highway".

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

The Concurrent Resolution was adopted and sent to the Senate.

S. 1289--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1289 (Word version) -- Senators Elliott, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME THE INTERCHANGE AT EXIT 101 ON I-20 IN KERSHAW COUNTY THE "RICHARD THOMAS HOLLAND INTERCHANGE" IN HONOR OF HIS CHILDREN, GRANDCHILDREN, ONE OF WHOM IS SENATOR DONALD H. HOLLAND, AND HIS GREAT-GRANDCHILDREN.

Whereas, Richard Thomas Holland, the son of James R. Holland and Amanda Hyatt Holland, was born December 1, 1856; and

Whereas, he married Lilly Vermelle English, the daughter of Thomas and Mary English, in 1877; and

Whereas, Richard and Lilly had ten children named Edward L., Nella R., John, Thomas Jim, Martha Emma, Charlie, Bessie Vermeil, Arthur R., Georgia Anna, and Eugene; and

Whereas, Richard was a planter who owned three hundred forty-seven acres of land in the Beulah community, located about six miles from Camden; and


Printed Page 3696 . . . . . Thursday, May 23, 2002

Whereas, he was a lifelong resident of the Beulah community of Kershaw County; and

Whereas, his life served as an example to be followed by his ten children, his many grand and great-grandchildren, and by all who knew him; and

Whereas, Richard died at the age of eighty-six after a long and productive life; and

Whereas, I-20 now divides the property that was Richard Thomas Holland's former plantation; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to Richard Thomas Holland and his family if this interchange were named in his honor. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina request the Department of Transportation to rename the interchange at Exit 101 on I-20 in Kershaw County the "Richard Thomas Holland Interchange" in honor of his children, grandchildren, one of whom is Senator Donald H. Holland, and his great-grandchildren, and the department is further requested to install appropriate markers or signs at places as the department considers advisable containing the words "Richard Thomas Holland Interchange".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to Senator Donald H. Holland.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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


Printed Page 3697 . . . . . Thursday, May 23, 2002

REPORTS OF STANDING COMMITTEE

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 419 (Word version) -- Senators Pinckney, Drummond, Matthews, J. V. Smith, Passailaigue, Ford, Glover, McConnell, Grooms and Jackson: A BILL TO AMEND SECTIONS 4-10-330, AS AMENDED, 4-10-340, AND 4-10-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION AND REVENUE USES, TAX IMPOSITION AND TERMINATION, AND REVENUE DISTRIBUTION UNDER THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO SPECIFICALLY AUTHORIZE THE TAX REVENUE TO BE USED TO PAY DEBT SERVICE ON BONDS ISSUED TO FUND THE APPROVED PROJECTS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THE TAX THROUGH THE QUARTER IN WHICH THE COUNTY CERTIFIES THAT NO BONDS REMAIN OUTSTANDING, TO PROVIDE THAT THE REFERENDUM QUESTION APPROVING A PROJECT MAY BE REVISED TO INCLUDE THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED FOR THE PROJECT WITH THE SOURCE TO PAY THE BONDS IF THE SALES TAX REVENUE IS INSUFFICIENT, TO PROVIDE THAT A QUESTION SO REVISED CONSTITUTES AN AUTHORIZATION TO ISSUE THE BONDS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS ON THE USES OF QUARTERLY DISTRIBUTIONS OF THESE TAX REVENUES, AND TO PROVIDE FOR THE USE OF THESE REVENUES FOR THE REPAYMENT OF BONDS WHEN THE REQUIRED REFERENDUM AND REFERENDUM APPROVAL OCCURRED BEFORE THE EFFECTIVE DATE OF THIS ACT.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 886 (Word version) -- Senators Leatherman, McGill, Land, Glover, Saleeby, Rankin and Elliott: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ESTABLISH THE DESIGNATION OF "DISTRESSED COUNTY", PROVIDE THE CRITERIA FOR THE DESIGNATION AND


Printed Page 3698 . . . . . Thursday, May 23, 2002

ALLOW A TAX CREDIT EQUAL TO EIGHT THOUSAND DOLLARS FOR EACH NEW FULL-TIME JOB CREATED IN A DISTRESSED COUNTY, TO LIMIT THE "DISTRESSED" DESIGNATION TO NO MORE THAN SIX COUNTIES, AND TO PROVIDE FOR GROUPS OF AT LEAST SIX, BUT NOT MORE THAN TEN, CONTIGUOUS COUNTIES TO JOIN IN A REGIONAL ALLIANCE AREA TO PROMOTE REGIONAL DEVELOPMENT AND TO ALLOW A COUNTY IN THE ALLIANCE TO BE DESIGNATED AS A "LEAST DEVELOPED COUNTY" IF CERTAIN AVERAGE UNEMPLOYMENT CRITERIA ARE MET IN THE COUNTIES COMPRISING THE ALLIANCE AREA COUNTIES; AND TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO CONFORM THE USE OF FUND REVENUES TO THE "DISTRESSED COUNTY" DESIGNATION AND TO INCREASE FROM FIVE TO TEN MILLION DOLLARS THE THRESHOLD ABOVE WHICH TWENTY-FIVE PERCENT OF FUND REVENUES MUST BE AVAILABLE FOR GRANTS IN COUNTIES ABOVE THE BOTTOM TWO DESIGNATIONS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 873 (Word version) -- Senators Glover, Ford, McGill, Anderson, Patterson, O'Dell, Hutto, Land, Short, Holland, Leventis and Moore: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO PROVIDE FOR UNIFORM FEE INCREASES; TO AMEND SECTION 12-24-90, RELATING TO THE CALCULATION OF THE DOCUMENTARY STAMP FEES, SO AS TO INCREASE THE COUNTY'S PORTION OF THE DOCUMENTARY STAMP FEE.
Ordered for consideration tomorrow.


Printed Page 3699 . . . . . Thursday, May 23, 2002

REPORT OF STANDING COMMITTEE

Rep. GILHAM, from the Beaufort Delegation, submitted a favorable report on:

H. 5256 (Word version) -- Reps. Gilham, Lloyd and Rivers: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, PERTAINING TO THE BEAUFORT COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE MANNER IN WHICH CANDIDATE PETITIONS ARE SUBMITTED AND PROCESSED.

H. 5256--ORDERED TO THIRD READING

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

H. 5256 (Word version) -- Reps. Gilham, Lloyd and Rivers: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, PERTAINING TO THE BEAUFORT COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE MANNER IN WHICH CANDIDATE PETITIONS ARE SUBMITTED AND PROCESSED.

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

H. 5256--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GILHAM, with unanimous consent, it was ordered that H. 5256 (Word version) be read the third time tomorrow.

HOUSE RESOLUTION

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

H. 5325 (Word version) -- Reps. Harvin, G. M. Smith and J. Young: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CLARENDON HALL LADY SAINTS SOFTBALL TEAM AND COACHES, AND OTHER PERSONS ASSOCIATED WITH THE SCHOOL, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AS 2002 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION (SCISA) 1A STATE SOFTBALL CHAMPIONS.


Printed Page 3700 . . . . . Thursday, May 23, 2002

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Clarendon Hall Lady Saints softball team, coaches, the school's athletic director, assistant headmaster, headmaster, and trustees, on a date and at a time to be determined by the Speaker, for the purpose of being recognized for winning the 2002 SCISA 1A State Softball Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5326 (Word version) -- Reps. Harvin and J. Young: A HOUSE RESOLUTION TO CONGRATULATE CLARENDON COUNTY'S LAURENCE MANNING ACADEMY SWAMPCATS ON THEIR GUTSY RALLY TO PULL AHEAD OF CARDINAL NEWMAN 8-7 TO TAKE THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION AAA 2002 STATE CHAMPIONSHIP, CAPPING THEIR STELLAR 30-2 BASEBALL SEASON.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5327 (Word version) -- Reps. Harvin, G. M. Smith and J. Young: A CONCURRENT RESOLUTION CONGRATULATING CLARENDON HALL OF SUMMERTON ON WINNING THE 2002 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION 1A STATE SOFTBALL CHAMPIONSHIP (SCISA).

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

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5328 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA


Printed Page 3701 . . . . . Thursday, May 23, 2002

HOUSE OF REPRESENTATIVES TO THE J. L. MANN HIGH SCHOOL "PATRIOTS" GIRLS TRACK TEAM, HEAD COACH RHETT MOSS, AND OTHER SCHOOL OFFICIALS, AT A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 2002 CLASS AAA STATE GIRLS TRACK CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the J. L. Mann High School "Patriots" Girls Track Team, Head Coach Rhett Moss, and other school officials, at a date and at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 2002 Class AAA State Girls Track Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5329 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION TO CONGRATULATE THE FORT MILL "YELLOW JACKETS" BASEBALL TEAM ON WINNING THE 2002 CLASS AAAA STATE BASEBALL CHAMPIONSHIP.

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

INTRODUCTION OF BILL

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

H. 5330 (Word version) -- Reps. Bales, Rhoad, Ott, Dantzler, Hayes, Lourie, Taylor, W. D. Smith, Sheheen, Moody-Lawrence, Koon, Sharpe, Hosey, McCraw, Emory, Harvin, Miller, Allen, Barfield, Bowers, R. Brown, Carnell, Gourdine, Freeman, J. Hines, Kirsh, McLeod, J. M. Neal, Phillips, Riser, Scott, Snow, Stille, Stuart and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2015 SO AS TO PROVIDE THAT THE


Printed Page 3702 . . . . . Thursday, May 23, 2002

DEPARTMENT OF PUBLIC SAFETY IS AUTHORIZED TO ISSUE TO FORMER MEMBERS OF THE GENERAL ASSEMBLY WHO SERVED FORTY OR MORE YEARS IN THE GENERAL ASSEMBLY A SPECIAL LICENSE PLATE FOR ONE PRIVATE PASSENGER MOTOR VEHICLE OWNED BY THE FORMER MEMBER COMMEMORATING HIS SERVICE IN THE GENERAL ASSEMBLY WITH A DESIGN AND LOGO APPROPRIATE TO HIS SERVICE.
Rep. BALES asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. RICE objected.
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

The following was introduced:

H. 5331 (Word version) -- Reps. Koon, Bingham, Frye, Huggins and Riser: A HOUSE RESOLUTION TO OFFER THE SINCEREST GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO REPRESENTATIVE ELSIE RAST STUART FOR HER TEN YEARS OF ENERGETIC AND INDEFATIGABLE SERVICE TO AND CONCERN NOT ONLY FOR HER CONSTITUENTS OF LEXINGTON AND ORANGEBURG COUNTIES, BUT ALSO THE CITIZENRY OF THE ENTIRE STATE, AND TO WISH FOR HER EQUALLY PRODUCTIVE AND INTELLIGENT PURSUITS IN THE FUTURE.

Whereas, Elsie Rast Stuart has tirelessly and diligently represented the people of Lexington and Orangeburg Counties in the South Carolina House of Representatives since 1993; and

Whereas, this Pelion farmer and holder of Masters Degrees from both Arizona State University and the University of South Carolina called upon both her strong work ethic and her exquisite intelligence to begin a career of public service twenty years earlier than that; and

Whereas, she moved from the Lexington County Council to Mayor of her beloved Town of Pelion, from the Board of the Association of Counties to the Board of the Municipal Association, and from water resources and forestry planning to education and transportation concerns; and


Printed Page 3703 . . . . . Thursday, May 23, 2002

Whereas, her varied interests and diverse knowledge earned her the deepest respect as a vocal and productive member of the House Education and Public Works Committee and as a fearless floor advocate for those she viewed as the disenfranchised of our State; and

Whereas, her strong but gracious pursuit of her passionate causes also gained her recognition as Legislator of the Year by the State Federation of Older Americans in 1995, Tech Prep in 1997, State School Board Association in 1998, and Department of Transportation in 1998, and garnered for her the 1996 WOW Conservation Award, 2000 Friend of Transit Award, and 1990 South Carolina Woman of Achievement honors; and

Whereas, our friend Elsie Rast Stuart leaves a legacy of effectiveness and intelligence in our hallowed halls. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives do hereby offer their sincerest gratitude to Representative Elsie Rast Stuart for her ten years of energetic and indefatigable service to and concern not only for her constituents of Lexington and Orangeburg Counties, but also the citizenry of the entire State, and wish for her equally productive and intelligent pursuits in the future.

Be it further resolved that a copy of this resolution be presented to Representative Stuart.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5332 (Word version) -- Reps. Riser, Bingham, Frye, Huggins, Koon and Stuart: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MS. JERALYN K. FALLAW OF LEXINGTON COUNTY FOR HER MANY YEARS OF DEDICATED AND UNSELFISH PUBLIC SERVICE IN THE CLEMSON UNIVERSITY COOPERATIVE EXTENSION OFFICE IN LEXINGTON COUNTY, AND TO WISH


Printed Page 3704 . . . . . Thursday, May 23, 2002

HER GOOD HEALTH AND MUCH HAPPINESS UPON HER RETIREMENT.

The Resolution was adopted.

S. 131--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT
S. 131
The General Assembly, Columbia, S.C., May 22, 2002

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.

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

That the same do pass with the following amendments:

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

/   SECTION   1. It is proposed that the fourth paragraph, Section 16, Article X of the Constitution of this State be amended to read:

"Notwithstanding the provisions of Section 11 of this article, the funds of the various state-operated retirement systems may be invested and reinvested in equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934 or any successor act or quoted


Printed Page 3705 . . . . . Thursday, May 23, 2002

through the National Association of Securities Dealers Automatic Quotations System or similar service. Upon the enactment of the implementing legislation required by this paragraph, there is established the State Retirement Systems Investment Panel. The panel shall consist of five members, one each appointed by the Governor, the State Treasurer, the Comptroller General, and the chairmen of the respective committees of the Senate and House of Representatives having subject matter jurisdiction over appropriations. The appointee of the Governor shall serve as chairman. All persons appointed must possess substantial financial investment experience and no person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. The General Assembly shall implement this paragraph by enacting legislation establishing the panel and providing for the terms, duties, and compensation of its members, and which specifically authorizes the investments allowed by this paragraph, and may provide limitations on investments in equity securities as it considers prudent. The panel established by this paragraph shall not exist until it is established in the implementing legislation required pursuant to this paragraph."

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 16, Article X of the Constitution of this State relating to benefits and funding of public employee pension plans in this State and the equity securities investments allowed for funds of the various state-operated retirement systems be amended so as to delete the restrictions limiting investments in equity securities to those of American-based corporations registered on an American national exchange as provided in the Securities Exchange Act of 1934 or any successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting


Printed Page 3706 . . . . . Thursday, May 23, 2002

against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION   3.   It is proposed that Section 11, Article X of the Constitution of this State be amended by adding at the end:

"Notwithstanding any other provision of this section, a municipality, county, special purpose district, or public service district of this State which provides firefighting service and which administers a separate pension plan for its employees performing this service may invest and reinvest the funds in this pension plan in equity securities traded on a national securities exchange as provided in the Securities Exchange Act of 1934 or a successor act, or in equity securities quoted through the National Association of Securities Dealers Automatic Quotations System or similar service."

SECTION   4.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 11, Article X of the Constitution of this State relating to restrictions on pledging the credit of the State or its political subdivisions for a private purpose and the restrictions on the State or its political subdivisions from becoming a joint owner or stockholder of a business, be amended so as to allow a municipality, county, special purpose district, or public service district of this State which provides firefighting service and which administers a separate pension plan for its employees performing this service to invest and reinvest the funds in this pension plan in equity securities traded on a national securities exchange as provided in the Securities Exchange Act of 1934 or a successor act, or in equity securities quoted through the National Association of Securities Dealers Automatic Quotations System or similar service?

  Yes   []

No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those


Printed Page 3707 . . . . . Thursday, May 23, 2002

voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Amend title to read.

/ PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO RESTRICTIONS ON THE PLEDGING OF THE CREDIT OF THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE, SO AS TO PROVIDE FOR INVESTMENT OF FUNDS IN A SEPARATE PENSION PLAN FOR FIREFIGHTERS OFFERED BY A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT. /

Nikki G. Setzler                  Daniel T. Cooper
David L. Thomas                   Herb Kirsh
W. Greg Ryberg                    Rex F. Rice
On Part of the Senate.            On Part of the House.

Rep. COOPER explained the Conference Report.

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


Printed Page 3708 . . . . . Thursday, May 23, 2002

H. 4878--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT
H. 4878
The General Assembly, Columbia, S.C., May 22, 2002

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4878 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2002; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

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

That the same do pass with the following amendments:

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

Amend title to conform.

Hugh K. Leatherman                Robert W. Harrell, Jr.
Thomas L. Moore                   Richard M. Quinn, Jr.
Robert W. Hayes, Jr.              Mark S. Kelley
On Part of the Senate.            On Part of the House.

Rep. HARRELL explained the Conference Report.

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 23, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1133:


Printed Page 3709 . . . . . Thursday, May 23, 2002

S. 1133 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 23, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4878:

H. 4878 -- Ways and Means Committee: GENERAL APPROPRIATIONS BILL.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 23, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3142:

H. 3142 (Word version) -- Reps. Cato, Wilkins, Davenport, Vaughn, Sandifer, Simrill, Walker, Altman, Robinson, Cotty, White, Thompson, Knotts, Campsen, Coates, McGee and Bingham: A BILL TO AMEND THE


Printed Page 3710 . . . . . Thursday, May 23, 2002

CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 23, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 966:


Printed Page 3711 . . . . . Thursday, May 23, 2002

S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 23, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1085:

S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.

Very respectfully,
President
Received as information.


Printed Page 3712 . . . . . Thursday, May 23, 2002

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 23, 2002
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:30 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

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

MOTION ADOPTED

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

RATIFICATION OF ACT

At 4:30 p.m. the House attended in the Senate Chamber, where the following Act was duly ratified:

(R373, H. 4878 ) AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2002; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

MOTION NOTED

Rep. HARRISON moved to reconsider the vote whereby S. 715 (Word version) was continued and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5283 (Word version) -- Reps. Chellis, Cotty, Sinclair, Sharpe, Allen, Altman, Bales, Barfield, Barrett, Battle, R. Brown, Campsen, Cato, Coates, Cobb-Hunter, Dantzler, Davenport, Edge, Fleming, Freeman, Frye, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Huggins, Jennings, Keegan, Koon, Law, Limehouse, Littlejohn, McCraw, McGee, Meacham-Richardson, Merrill, Miller, Owens, Phillips, Rice,


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Riser, Rivers, Scarborough, Simrill, D. C. Smith, F. N. Smith, J. R. Smith, Snow, Thompson, Townsend, Vaughn, Walker, Webb, White and A. Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS TO ADOPT AND MAINTAIN POLICIES THAT WOULD LIMIT THE FURTHER OVER-VALUATION OF THE UNITED STATES DOLLAR IN ORDER TO PLACE UNITED STATES MANUFACTURERS ON EVEN GROUND WITH FOREIGN COMPETITORS.

H. 5298 (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, 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 CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MRS. CHRISTI MCCOLLUM OF BOOKMAN ROAD ELEMENTARY SCHOOL IN ELGIN, SOUTH CAROLINA, FOR BEING NAMED THE SOUTH CAROLINA TEACHER OF THE YEAR AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN HER FUTURE ENDEAVORS.

H. 5299 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. AL EADS, JR., FOR HIS MANY OUTSTANDING CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.

H. 5306 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe, Stuart, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham,


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Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, 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, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND DR. LEROY DAVIS FOR HIS MAGNIFICENT WORK AS AN EDUCATOR AND ADMINISTRATOR AND TO WISH HIM GREAT SUCCESS IN HIS FUTURE UNDERTAKING AS WELL AS MANY YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT AS PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY.

H. 5309 (Word version) -- Reps. Cobb-Hunter, Lee, Moody-Lawrence and Parks: A CONCURRENT RESOLUTION TO HONOR THE FIRST AFRICAN-AMERICAN WOMEN GRADUATES OF THE CITADEL AND TO COMMEND THEM FOR THEIR OUTSTANDING AND HISTORICAL ACHIEVEMENTS IN THE SOUTH CAROLINA CORPS OF CADETS.

H. 5311 (Word version) -- Reps. Neilson, Bales, Barrett, Bingham, Carnell, Clyburn, Cobb-Hunter, Cooper, Freeman, Gilham, Gourdine, Govan, M. Hines, Howard, Huggins, Keegan, Kelley, Koon, Lloyd, Martin, Moody-Lawrence, Owens, Parks, Perry, Quinn, Riser, Rivers, Rutherford, Sandifer, Sinclair, Snow, Stuart, Walker, Weeks, Whatley, White, Wilder, A. Young, Allen, Allison, Altman, Askins, Barfield, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Coates, Coleman, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Hosey, Jennings, Kennedy, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Mack, McCraw, McGee, McLeod, Meacham-


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Richardson, Merrill, Miller, J. H. Neal, J. M. Neal, Ott, Phillips, Rhoad, Rice, Rodgers, Scarborough, Scott, Sharpe, Sheheen, Simrill, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Webb, Whipper, Wilkins, Witherspoon and J. Young: A CONCURRENT RESOLUTION TO EXPRESS SINCERE AND IMMENSE GRATITUDE TO LAURA BENNETT OF BISHOPVILLE FOR THE IMMEDIATE ASSISTANCE SHE GAVE TO REPRESENTATIVE DENNY NEILSON INSTANTLY AFTER HER TERRIBLE TRAFFIC ACCIDENT ON FEBRUARY 8, 2001, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN HER FUTURE ENDEAVORS.

ADJOURNMENT

At 4:40 p.m. the House, in accordance with the motion of Rep. J. HINES, adjourned in memory of Thelma Beasley of Lamar, to meet at 10:00 a.m. tomorrow.

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