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


Printed Page 975 . . . . . Thursday, February 21, 2002

Thursday, February 21, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Father, You are not a selfish God. You are a sacrificial God wanting what is best for us. We on the other hand are often jealous and our jealousy causes us not to love. Forgive us for our selfishness. Help us to want others to succeed to their potential. Enable us to find joy in the accomplishments of others. May we be a blessing to one another as we strive together in this place. Hear our prayer dear Lord as we pray in Your name. 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. LIMEHOUSE moved that when the House adjourns, it adjourn in memory of Mrs. Dorothy Donnelley of Green Pond, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 4416 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J. R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Jennings, Meacham-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D. C. Smith, Sinclair, J. Young,


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Owens, White, Martin, Trotter, Harrell, Quinn, Huggins, Battle, Miller, Delleney, Harvin, Barrett, Emory and Knotts: A BILL TO ENACT THE SOUTH CAROLINA "OMNIBUS TERRORISM PROTECTION AND HOMELAND DEFENSE ACT OF 2002" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PROVIDE MATERIALS OR RESOURCES IN SUPPORT OF TERRORIST, TERRORIST ORGANIZATIONS, OR INTERNATIONAL TERRORISM, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD VIOLATION OF ANTI-TERRORISM LAWS TO THE LIST OF STATUTORY AGGRAVATING CIRCUMSTANCES; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO PROVIDE THAT INTRODUCING A COMPUTER VIRUS, COMPUTER WORM, OR ANY OTHER DAMAGING PROGRAM INTO A COMPUTER SYSTEM IS A COMPUTER CRIME; TO AMEND SECTION 16-23-750, RELATING TO COMMUNICATING THREATS RELATING TO USE OF EXPLOSIVE, INCENDIARY, OR DESTRUCTIVE DEVICES, SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES FOR A VIOLATION OF THIS SECTION, THE PRESIDING JUDGE SHALL ORDER THE OFFENDER TO MAKE FULL RESTITUTION FOR THE COST OF RESPONDING TO OR DEALING WITH THE THREAT OR FALSELY CONVEYED INFORMATION REGARDING THE THREATENED USE OF SUCH DEVICES AND TO PROVIDE FOR THE ELEMENTS OF THIS RESTITUTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-780 SO AS TO PROVIDE FOR ALTERNATIVE MAXIMUM IMPRISONMENT FOR CERTAIN OFFENSES INVOLVING THE USE OF ANTHRAX OR A BIOLOGICAL ORGANISM SO AS TO CAUSE DEATH OR INJURY IN HUMANS, ANIMALS, OR PLANTS; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-790 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY INFECT, HARM, OR DESTROY A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH BY MEANS OF THE DIRECT OR INDIRECT USE OF A

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BIOLOGICAL, CHEMICAL, OR NUCLEAR WEAPON OF MASS DESTRUCTION, OR BY THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR AGENT OR SUBSTANCE, WITH THE INTENT OF CAUSING ECONOMIC OR PHYSICAL HARM TO A PERSON, A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH, OR TO ANY OTHER REAL OR PERSONAL PROPERTY, OR THE ENVIRONMENT, AND TO PROVIDE FOR PENALTIES AND RESTITUTION FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING ARTICLE 9 SO AS TO PROVIDE THAT, EXCEPT AS EXPRESSLY AUTHORIZED AND PERMITTED BY FEDERAL LAW, IT IS UNLAWFUL FOR A PERSON TO MANUFACTURE, ASSEMBLE, POSSESS, STORE, TRANSPORT, SELL, PURCHASE, DELIVER, OR ACQUIRE NUCLEAR, BIOLOGICAL, OR CHEMICAL WEAPONS OF MASS DESTRUCTION, OR BIOLOGICAL AGENTS OR TOXINS, OR TO USE, THREATEN TO USE, OR ATTEMPT TO USE THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY MAKE A FALSE REPORT CONCERNING THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PERPETRATE A HOAX BY THE USE OF AN ARTIFACT, REPLICA, OR FALSE REPLICA OF THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT THE UNLAWFUL KILLING OF A PERSON BY MEANS OF THESE WEAPONS, AGENTS, OR TOXINS IS MURDER; TO REQUIRE PERSONS WHO KNOWINGLY OR INTENTIONALLY COMMIT ANY OFFENSE INVOLVING THESE WEAPONS, AGENTS, OR TOXINS BE PROSECUTED AND SENTENCED IN ACCORDANCE WITH THIS ARTICLE, AND TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE; TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICERS TO MAKE CERTAIN REPORTS TO THE STATE LAW ENFORCEMENT DIVISION AND PUBLIC HEALTH OFFICIALS RELATING TO BIOLOGICAL AGENTS, TOXINS, AND DELIVERY SYSTEMS AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; BY ADDING SECTION 12-6-3545 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER, FIREFIGHTER, OR EMERGENCY MEDICAL

Printed Page 978 . . . . . Thursday, February 21, 2002

TECHNICIAN EMPLOYED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE A CREDIT AGAINST THE STATE INCOME TAX IN CONNECTION WITH DUTY IN RESPONDING TO A TERRORIST ACT AND TO PROVIDE THE AMOUNT OF THE CREDIT AND ITS ELIGIBILITY REQUIREMENTS; TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION FOR MEMBERS OF A STATE NATIONAL GUARD UNIT FEDERALIZED OR A RESERVIST CALLED TO ACTIVE DUTY FOR PARTICIPATION IN "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR BOTH; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, RELATING TO THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY ADDING SECTION 39-5-145 SO AS TO PROHIBIT THE RENTAL AND SALE OF ESSENTIAL COMMODITIES AND RENTAL AND LEASE OF DWELLING UNITS, INCLUDING MOTEL OR HOTEL UNITS OR OTHER TEMPORARY LODGING, OR SELF-STORAGE FACILITIES AT AN UNCONSCIONABLE PRICE DURING AND WITHIN THE AREA OF A DECLARED STATE OF EMERGENCY OR DISASTER, TO DEFINE "COMMODITY" AND "UNCONSCIONABLE PRICE", TO ESTABLISH EVIDENTIARY STANDARDS FOR ACTIONS BROUGHT PURSUANT TO THESE PROVISIONS OR LOCAL ORDINANCES, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 39-5-147 SO AS TO PROHIBIT THE USE OF A MISLEADING PRACTICE OR DEVICE FOR THE SOLICITATION OF CONTRIBUTIONS OR THE SALE OF GOODS OR SERVICES FOR CHARITABLE PURPOSES IN CONNECTION WITH A DECLARED STATE OF EMERGENCY OR DISASTER, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; AND TO AMEND SECTIONS 16-7-10, RELATING TO ILLEGAL ACTS DURING A STATE OF EMERGENCY, AND 33-56-120, AS

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AMENDED, RELATING TO PROHIBITION OF MISREPRESENTATIONS IN CHARITABLE SOLICITATIONS, BOTH SO AS TO CONFORM THEM TO THESE PROVISIONS AND MAKE THE PENALTIES FOR VIOLATIONS CUMULATIVE AND ADDITIONAL; BY ADDING SECTION 8-1-200 SO AS TO PROVIDE FOR LEAVES OF ABSENCE FOR PUBLIC OFFICERS AND EMPLOYEES TRAINED BY THE AMERICAN RED CROSS FOR DISASTER RESPONSE OR EMERGENCY AND TO AUTHORIZE CERTAIN STATE OFFICERS AND EMPLOYEES TO PARTICIPATE IN AMERICAN RED CROSS DISASTER RESPONSE OR EMERGENCY RELIEF AT DISASTER OR EMERGENCY SITES WITHIN, OR OUTSIDE THE STATE; TO AMEND SECTION 51-3-60, RELATING TO FREE ADMISSION TO STATE PARKS AND REDUCED RATES FOR USE OF PARK CAMPSITES, SO AS TO EXTEND THESE PRIVILEGES TO POLICE, FIREFIGHTERS, AND EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS; BY ADDING SECTION 59-149-25 SO AS TO PROVIDE THAT IN-STATE RESIDENTS ARE ELIGIBLE FOR LIFE SCHOLARSHIPS WITHOUT THE NECESSITY OF MEETING ANY ACADEMIC QUALIFICATIONS EXCEPT FOR THE NECESSITY OF BEING ACCEPTED UNDER APPLICABLE ADMISSION REQUIREMENTS OF THE STATE INSTITUTION THEY ARE TO ATTEND IF ONE OF THEIR PARENTS OR LEGAL GUARDIANS DIED AS A RESULT OF THE TERRORIST ATTACKS ON SEPTEMBER 11, 2001, AND TO PROVIDE THE REQUIREMENTS AND PROCEDURES TO QUALIFY FOR THESE SCHOLARSHIPS; BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE TO THE VICTIMS OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS AND TO THE COURAGEOUS ACTIONS OF ALL LAW ENFORCEMENT OFFICERS AND RESCUE WORKERS; TO AMEND SECTION 59-1-443, RELATING TO SCHOOLS PROVIDING A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY, SO AS TO PROVIDE THAT SCHOOLS INSTEAD SHALL PROVIDE FOR A DAILY OBSERVANCE OF ONE MINUTE OF VOLUNTARY SILENT PRAYER, MEDITATION, OR OTHER SILENT ACTIVITY; BY ADDING SECTION 59-1-460 SO AS TO REQUIRE PRINCIPALS AND TEACHERS IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS TO DISPLAY THE MOTTO OF THE

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UNITED STATES OF AMERICA IN EACH CLASSROOM, SCHOOL AUDITORIUM, AND CAFETERIA.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 4402 (Word version) -- Reps. Vaughn, Merrill, Altman, Rodgers, Walker, Meacham-Richardson and Leach: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE A COUNTY BOARD OF SOCIAL SERVICES.
Ordered for consideration tomorrow.

Rep. J. BROWN for the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report.
Rep. BREELAND for the minority, submitted an unfavorable report on:

H. 4545 (Word version) -- Rep. Meacham-Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-285 SO AS TO ALLOW COSMETOLOGISTS, ESTHETICIANS, AND MANICURISTS TO PRACTICE IN BARBERSHOPS.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3957 (Word version) -- Reps. J. E. Smith and Allison: A BILL TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.
Ordered for consideration tomorrow.


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Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4571 (Word version) -- Reps. Moody-Lawrence, Sharpe, R. Brown, Kirsh, Meacham-Richardson, Harvin, Weeks, G. Brown, Freeman, Frye, Gilham, Harrell, McCraw, Neilson, Perry, Riser, Rutherford and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT THE STATE BOARD OF COSMETOLOGY SHALL ISSUE A LIMITED LICENSE TO AN INDIVIDUAL WHOSE LICENSE HAS LAPSED WITHOUT REEXAMINATION IF THE PERSON IS OVER SIXTY YEARS OF AGE, AND HAS PRACTICED FOR MORE THAN THIRTY YEARS AND TO FURTHER PROVIDE THAT THE SCOPE OF PRACTICE IS LIMITED TO THAT WHICH THE PERSON COULD PRACTICE UNDER THE FORMER LICENSE.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4781 (Word version) -- Rep. Perry: A HOUSE RESOLUTION TO HONOR MR. JACOB PERRON GARVIN OF AIKEN COUNTY AS ONE OF THE LAST REMAINING FIRST-GENERATION DESCENDANTS OF A CONFEDERATE VETERAN AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4782 (Word version) -- Reps. Barrett, Webb, Trotter, Robinson and Rice: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO CHIEF LONNIE JO SAXON FOR HIS OUTSTANDING SERVICE TO CLEMSON UNIVERSITY IN THE AREA OF LAW ENFORCEMENT, AND WISHING HIM MUCH SUCCESS AND HAPPINESS UPON HIS RETIREMENT.

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


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1035 (Word version) -- Senator Richardson: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR JONATHAN DUMLER OF BEAUFORT COUNTY AS A RECIPIENT OF A PRUDENTIAL SPIRIT OF COMMUNITY AWARD AND RECOGNIZE HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1037 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION SALUTING JOHN TRAVIS BODENHEIMER OF AIKEN COUNTY UPON HIS RETIREMENT FROM THE PRACTICE OF LAW IN AIKEN FOR OVER FORTY YEARS, AND RECOGNIZING HIM FOR HIS CONTRIBUTIONS TO HIS COMMUNITY AND HIS UNTIRING EXEMPLARY SERVICE TO OTHERS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1038 (Word version) -- Senators Leatherman, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, 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 RECOGNIZING THE NATIONAL GUARD AND RESERVE AS ESSENTIAL TO THE STRENGTH AND WELL-BEING OF OUR NATION AND STATE, AND EXPRESSING DEEPEST APPRECIATION AND SUPPORT FOR THE THOUSANDS OF


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SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 4783 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 56-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEMENT CERTIFYING PAYMENT OF COUNTY AND MUNICIPAL TAXES IN ORDER TO REGISTER AND LICENSE A MOTOR VEHICLE, SO AS TO REQUIRE A COUNTY TREASURER TO CERTIFY TO THE DEPARTMENT OF PUBLIC SAFETY WHEN PROPERTY TAXES ARE UNPAID ON A VEHICLE THAT HAS A PENDING REGISTRATION APPLICATION AND TO PROVIDE FURTHER THAT THE APPLICATION BE DENIED.
Referred to Committee on Education and Public Works

H. 4786 (Word version) -- Reps. Meacham-Richardson and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-33-115 SO AS TO PROVIDE THAT NO PERSON SHALL GIVE, SELL, LEASE, ASSIGN, TRANSFER, MORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE DISPOSE OF A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY OR RIGHTS UNDER THE CERTIFICATE ISSUED BY THE PUBLIC SERVICE COMMISSION WITH RESPECT TO THE OPERATION OF A MAJOR UTILITY FACILITY KNOWN AS A "MERCHANT PLANT".
Referred to Committee on Labor, Commerce and Industry

S. 668 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 41-27-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING PARAGRAPHS TO SPECIFICALLY NAME NATIVE AMERICAN TRIBES AND TO AUTOMATICALLY COVER EMPLOYING UNITS LIABLE


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UNDER THE FEDERAL UNEMPLOYMENT TAX ACT; TO AMEND CHAPTER 27, TITLE 4, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-235 TO PROVIDE NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER; TO AMEND SECTION 41-27-260, RELATING TO EXEMPTED EMPLOYMENT, TO CLARIFY THAT AN APPOINTED SUCCESSOR OF AN ELECTED OFFICIAL IS CONSIDERED THE SAME AS AN ELECTED OFFICIAL AND TO ADD AN EXEMPTED EMPLOYMENT DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS, TO REDUCE THE INITIAL TWENTY-FOUR MONTH RATING PERIOD TO TWELVE MONTHS AND TO ONCE A YEAR; TO AMEND SECTION 41-31-60, RELATING TO DELINQUENT REPORTS, TO REDUCE THE EMPLOYER DELINQUENT REPORT PENALTY FROM FIVE AND FOUR-TENTHS TO TWO AND SIXTY-FOUR HUNDREDTHS PERCENT; TO AMEND SECTION 41-31-110, RELATING TO COMPUTATION RATES APPLICABLE TO SUCCESSORS, TO REDUCE THE SUCCESSOR RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO FREQUENCY OF CONTRIBUTION REPORTS, TO REQUIRE ELECTRONIC WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80, RELATING TO THE UNEMPLOYMENT TRUST FUND, TO CORRECT A SECTION REFERENCE.
Referred to Committee on Labor, Commerce and Industry

S. 965 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY


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ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90, TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.
Referred to Committee on Labor, Commerce and Industry

S. 982 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND SECTIONS 38-21-170 AND 38-21-270, BOTH AS AMENDED,


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RELATING TO DIVIDENDS AND DISTRIBUTIONS, SO AS TO MODIFY THE PRESENT RESTRICTIONS BY DELETING THE EARNED SURPLUS REQUIREMENT; TO AMEND SECTION 38-27-50, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE REINSURANCE VEHICLES WITHIN THE DEFINITION OF "PERSON"; TO AMEND SECTION 38-33-280, AS AMENDED, RELATING TO THE ACQUISITION OR EXCHANGE OF SECURITIES OF A HMO, SO AS TO MAKE HMO'S SUBJECT TO THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-44-50, AS AMENDED, RELATING TO THE EXAMINATION AND REVIEW OF MGA BY INSURER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO THE WARNING STAMPED ON POLICIES OF ELIGIBLE SURPLUS LINES INSURERS, SO AS TO CLARIFY THE LANGUAGE CONTAINED THEREIN; TO AMEND SECTION 38-71-760, AS AMENDED, RELATING TO THE STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO CLARIFY CERTAIN MATTERS REGARDING THE EXTENSION OF LIABILITY; TO AMEND SECTION 38-71-880, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL HEALTH BENEFITS, SO AS TO EXTEND PROVISIONS IN ORDER TO AVOID PREEMPTION; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO MAKE A TECHNICAL CORRECTION AS WELL AS MAKE THE LANGUAGE MORE CONSISTENT WITH THAT USED THROUGHOUT CHAPTER 90, TITLE 38; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO CLARIFY THE APPLICABILITY OF SECTION 38-5-170 TO CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO THE REPORTING REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO CLARIFY THE CONTENTS OF THESE REPORTS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE APPLICABILITY OF INVESTMENT REQUIREMENTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-91-10, RELATING TO THE JOINT UNDERWRITING ASSOCIATION, SO AS TO EXTEND THE PERIOD THAT CHAPTER 91, TITLE 38 REMAINS IN FORCE AND EFFECT.
Referred to Committee on Labor, Commerce and Industry

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CONCURRENT RESOLUTION

The following was introduced:

H. 4784 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2002.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4785 (Word version) -- Reps. Klauber, 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, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING THE NATIONAL GUARD AND RESERVE AS ESSENTIAL TO THE STRENGTH AND WELL-BEING OF OUR NATION AND STATE, AND EXPRESSING DEEPEST APPRECIATION AND SUPPORT FOR THE THOUSANDS OF SOUTH CAROLINIANS


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PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE.

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

HOUSE RESOLUTION

The following was introduced:

H. 4787 (Word version) -- Reps. Snow, G. Brown and Allison: A HOUSE RESOLUTION TO COMMEND HARRY TURNER FOR PROMOTING BEACH MUSIC THROUGHOUT SOUTH CAROLINA AND THE WORLD AND TO PROCLAIM HIM AN "AMBASSADOR OF BEACH MUSIC".

The Resolution was adopted.

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Easterday
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Govan                  Hamilton               Harrison
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Howard
Huggins                Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Martin                 McCraw

Printed Page 989 . . . . . Thursday, February 21, 2002

McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Ott                    Owens
Parks                  Perry                  Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Scott                  Sharpe
Sheheen                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  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, February 21.

Tracy Edge                        Gary Simrill
Bill Cotty                        Denny Neilson
Robert Harrell                    James E. Smith
Todd Rutherford                   Joseph Neal
Richard Quinn

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHATLEY a leave of absence for the day due to a doctor's appointment.

DOCTOR OF THE DAY

Announcement was made that Dr. William M. Simpson, Jr. of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member


Printed Page 990 . . . . . Thursday, February 21, 2002

presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3790 (Word version)
Date:   ADD:
02/21/02   KNOTTS

CO-SPONSOR ADDED

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/21/02   WEEKS

CO-SPONSOR REMOVED

Bill Number:   H. 4769 (Word version)
Date:   REMOVE:
02/21/02   WEEKS

CO-SPONSOR REMOVED

Bill Number:   H. 4769 (Word version)
Date:   REMOVE:
02/21/02   R. BROWN

CO-SPONSOR REMOVED

Bill Number:   H. 4769 (Word version)
Date:   REMOVE:
02/21/02   J. M. NEAL


Printed Page 991 . . . . . Thursday, February 21, 2002

CO-SPONSOR REMOVED

Bill Number:   H. 4769 (Word version)
Date:   REMOVE:
02/21/02   EMORY

CO-SPONSOR REMOVED

Bill Number:   H. 4769 (Word version)
Date:   REMOVE:
02/21/02   NEILSON

SENT TO THE SENATE

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

H. 4763 (Word version) -- Rep. Snow: A JOINT RESOLUTION EXTENDING THE PAYMENT DUE DATE OF THE 2001 REAL PROPERTY TAXES IN WILLIAMSBURG COUNTY FROM JANUARY 31, 2002, TO FEBRUARY 28, 2002, AS A RESULT OF A COMPUTER MALFUNCTION.

H. 4317 (Word version) -- Reps. Altman, Talley and Campsen: A JOINT RESOLUTION ESTABLISHING THE MOTOR VEHICLE SERVICES PRIVATIZATION FEASIBILITY STUDY COMMITTEE, PROVIDING FOR ITS MEMBERSHIP AND DUTIES, AND REQUIRING THE COMMITTEE TO REPORT ITS FINDINGS WITH RECOMMENDATIONS, IF ANY, TO THE GENERAL ASSEMBLY AND GOVERNOR NO LATER THAN FEBRUARY 15, 2002.

H. 4682 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT AFTER JUNE 30, 2001, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY.


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H. 4494 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTIONS 56-3-1750 AND 56-3-1760, BOTH AS AMENDED, AND SECTION 56-3-1770, RELATING TO UNITED STATES MILITARY RESERVE SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT MORE THAN ONE LICENSE PLATE MAY BE ISSUED TO AN ACTIVE OR RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, THAT SUFFICIENT FEES COLLECTED FROM THE ISSUANCE OF THESE LICENSE PLATES MUST BE PLACED IN A RESTRICTED ACCOUNT AND USED TO DEFRAY THE EXPENSE OF PRODUCING THE LICENSE PLATES, THAT LICENSE PLATES ISSUED TO RETIRED MEMBERS OF THE UNITED STATES MILITARY RESERVE SHALL HAVE IMPRINTED ON THEM OR A DECAL AFFIXED TO THEM THE WORD "RETIRED" OR AN ABBREVIATION SELECTED BY THE DEPARTMENT, AND TO PROVIDE THAT IF A HOLDER OF THIS SPECIAL LICENSE PLATE CEASES TO BE A RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, HE MUST RETURN THE SPECIAL LICENSE PLATE TO THE DEPARTMENT OF PUBLIC SAFETY.

H. 4758 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), SO AS TO REQUIRE SLED TO SUBMIT FINGERPRINT CARDS, RECEIVED IN CONNECTION WITH SECURITY, INVESTIGATION, AND WEAPON LICENSE AND PERMIT APPLICATIONS, RESPECTIVELY, TO THE FEDERAL BUREAU OF INVESTIGATION TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK OF THE APPLICANT; TO AMEND SECTIONS 40-18-50 AND 40-18-70, RELATING TO CONTRACT SECURITY BUSINESS LICENSE REQUIREMENTS AND PRIVATE INVESTIGATOR LICENSE REQUIREMENTS, RESPECTIVELY, SO AS TO DELETE PROVISIONS REQUIRING A BOND TO PAY A PERSON'S LOSS AS A RESULT OF A LICENSEE'S VIOLATION OF CERTAIN LAWS OR REGULATIONS, PROVISIONS AUTHORIZING A PERSON TO INITIATE AN ACTION AGAINST THE LICENSEE OR THE LICENSEE'S INSURER, AND TEMPORARY PROVISIONS NO LONGER APPLICABLE; AND TO AMEND SECTION 40-18-100, RELATING TO SECURITY WEAPONS PERMIT APPLICATION REQUIREMENTS, SO AS TO


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REQUIRE AN APPLICANT TO SUBMIT A SET OF FINGERPRINTS TO BE USED TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK.

S. 933--POINT OF ORDER

The following Bill was taken up:

S. 933 (Word version) -- Senators Ravenel, McConnell and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.

POINT OF ORDER

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

H. 4013--POINT OF ORDER

The following Bill was taken up:

H. 4013 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "INSURED WORKER" UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT THIS TERM IS DEPENDENT UPON PAYMENT OF WAGES IN AT LEAST TWO QUARTERS RATHER THAN UPON THE AMOUNT OF WAGES PAID IN A SPECIFIED PERIOD; TO AMEND SECTION 41-27-370, AS AMENDED, RELATING TO THE DEFINITION OF "UNEMPLOYED", SO AS TO PROVIDE THAT IF AN INDIVIDUAL HAS MADE ANY CONTRIBUTIONS TO A RETIREMENT OR OTHER TYPE PLAN THERE MUST NOT BE A REDUCTION IN THE WEEKLY BENEFIT AMOUNT PAYABLE TO THE INDIVIDUAL; TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT BENEFIT PAYMENTS WHICH MAY NOT BE CHARGED TO A


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FORMER EMPLOYER, SO AS TO CLARIFY THAT SUCH PAYMENTS MAY NOT BE CHARGED IF THE PERSON LEFT EMPLOYMENT FOR GOOD CAUSE NOT CONNECTED WITH THE EMPLOYMENT; TO AMEND SECTION 41-41-20, RELATING TO THE SUSPENSION OF BENEFITS TO A CLAIMANT WHO MADE A FALSE STATEMENT OR FAILED TO DISCLOSE A MATERIAL FACT WHEN FILING A CLAIM, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO PENALIZE THE CLAIMANT BY WITHHOLDING FUTURE BENEFITS HE MAY BECOME ENTITLED TO; AND TO AMEND SECTION 41-41-40, AS AMENDED, RELATING TO RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED TO RECEIVE THEM, SO AS TO ESTABLISH CIRCUMSTANCES UNDER WHICH THE COMMISSION MAY WAIVE REPAYMENT OF OVERPAID BENEFITS AND TO REQUIRE A PERSON WHO RECEIVED BENEFITS IN ANOTHER STATE TO WHICH HE WAS NOT ENTITLED TO PAY THE COMMISSION FOR THESE OVERPAYMENTS IF BOTH STATES HAVE ENTERED INTO AN INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY AGREEMENT.

POINT OF ORDER

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

H. 4014--POINT OF ORDER

The following Bill was taken up:

H. 4014 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE EMPLOYMENT SECURITY COMMISSION AND TO RESTRICT THE INFORMATION AND REPORTS FOR CERTAIN USES; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW,


Printed Page 995 . . . . . Thursday, February 21, 2002

SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

POINT OF ORDER

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

H. 4633--POINT OF ORDER

The following Bill was taken up:

H. 4633 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE


Printed Page 996 . . . . . Thursday, February 21, 2002

THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90, TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.

POINT OF ORDER

Rep. CATO made the Point of Order that the Bill was 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.

ORDERED TO THIRD READING

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

S. 902 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS


Printed Page 997 . . . . . Thursday, February 21, 2002

AND MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.

S. 902--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GILHAM, with unanimous consent, it was ordered that S. 902 (Word version) be read the third time tomorrow.

H. 4419--REQUESTS FOR DEBATE WITHDRAWN

Reps. ALTMAN, HINSON, LAW, OWENS, OTT, PARKS, J. BROWN, CLYBURN, BATTLE, MILLER, J. HINES, DAVENPORT, WALKER and A. YOUNG withdrew their requests for debate on H. 4419 (Word version); however, other requests for debate remained on the Bill.

H. 4730--REQUESTS FOR DEBATE WITHDRAWN AND ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. LAW, HINSON, MERRILL and GOURDINE, the following Joint Resolution was taken up:

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

Rep. TOWNSEND explained the Joint Resolution.

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

H. 4731--REQUESTS FOR DEBATE WITHDRAWN AND ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. LAW, HINSON, MERRILL and GOURDINE, the following Joint Resolution was taken up:

H. 4731 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE


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DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE FINANCIAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2667, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND explained the Joint Resolution.

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

H. 4732--REQUESTS FOR DEBATE WITHDRAWN AND ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. HINSON, LAW, GOURDINE and MERRILL, the following Joint Resolution was taken up:

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

Rep. TOWNSEND explained the Joint Resolution.

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

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 4501 (Word version) from the Committee on Judiciary.
Rep. HARRISON objected.


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H. 3107--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3107 (Word version) -- Reps. Huggins, W. D. Smith, Knotts and Bingham: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, TO PROVIDE THAT MAGISTRATES HAVE CONCURRENT JURISDICTION OF INTERPLEADER ACTIONS FILED OVER CLAIMS OF DISPUTED REAL ESTATE EARNEST MONEY; AND TO ADD SECTION 22-3-15 PROVIDING, NOTWITHSTANDING ANY RULE OF COURT OR PROVISION OF LAW, THAT INTERPLEADER ACTIONS ARISING FROM REAL ESTATE EARNEST MONEY DISPUTES WHICH DO NOT EXCEED THE JURISDICTIONAL LIMIT OF MAGISTRATES COURT MAY BE FILED IN THAT COURT, TO PROVIDE SUBSTANTIALLY THE FORM AND WORDING OF THE INTERPLEADER PLEADING TO BE USED IN REAL ESTATE EARNEST MONEY DISPUTES IN MAGISTRATES COURT, AND TO PROVIDE THAT THE FAILURE OF A COMPETING CLAIMANT TO RECOVER IN AN INTERPLEADER ACTION MUST NOT BE CONSIDERED A JUDGMENT AGAINST THE CLAIMANT OR USED TO IMPAIR THE CREDIT OF THE CLAIMANT.

Rep. CAMPSEN 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. 4475--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4475 (Word version) -- Reps. Harrison, Lucas, Allison, Jennings, Lourie, Rodgers, J. E. Smith and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-210 SO AS TO REQUIRE ALL STATE BOARDS AND


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COMMISSIONS TO PROVIDE PROMPT WRITTEN NOTIFICATION OF ALL MEMBERSHIP CHANGES TO THE SECRETARY OF STATE AND TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN FOR PUBLIC INSPECTION A RECORD OF THE CURRENT MEMBERSHIP OF EVERY STATE BOARD AND COMMISSION.

Rep. HARRISON explained the Senate Amendments.

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

H. 3403--POINT OF ORDER

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

H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.

POINT OF ORDER

Rep. HARRISON 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.

S. 297--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up:

S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL


Printed Page 1001 . . . . . Thursday, February 21, 2002

PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.

Rep. BALES moved to reconsider the vote whereby the Bill was given a second reading.
Rep. COTTY moved to table the motion to reconsider, which was agreed to.

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


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MOTION PERIOD

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

H. 3678--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3678 (Word version) -- Reps. Rice and Whipper: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.

Reps. RICE, STUART and CHELLIS proposed the following Amendment No. 5 (Doc Name COUNCIL\GGS\AMEND\ 22298CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-210.   (A)   Persons A person who newly acquiring vehicles acquires a vehicle and owners of foreign vehicles or an owner of a foreign vehicle being moved into this State and required to be registered under this chapter, may have not more than forty-five days in which to register and license them. before operating the vehicle on the state's highways during the forty-five day period contained in this section must:

(1)   transfer a license plate from another vehicle pursuant to subsection (D) of this section and Section 56-3-1290;

(2)   purchase a new license plate and registration;


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(3)   purchase a temporary license plate from the Division of Motor Vehicles pursuant to subsection (B) of this section;

(4)   purchase a temporary license plate from the county auditor's office in the county in which the person resides pursuant to subsection (B)_of this section;

(5)   obtain a temporary license plate from a dealer of new or used vehicles pursuant to subsection (C) of this section; or

(6)   obtain a temporary license plate from the casual seller of the vehicle pursuant to subsection (B) of this section.

(B)   The Division of Motor Vehicles, or the county auditor's office must, upon proper application, issue a temporary license plate designed by the Division of Motor Vehicles to a casual seller or buyer of a vehicle pursuant to subsection (A) of this section. The county auditor's office may obtain temporary license plates from the Division of Motor Vehicles. If the applicant is a casual buyer of a vehicle, the Division of Motor Vehicles or the county auditor's office must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Division of Motor Vehicles may require. If the applicant is the casual seller of a vehicle, at the time of the sale, he must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Division of Motor Vehicles may require. The expiration date may not extend beyond forty-five days from the vehicle's date of purchase. Neither the casual seller nor the casual buyer may place the temporary license plate on the vehicle until the sale has been completed. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must provide a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A casual seller who issues a temporary license plate or allows a temporary license plate to be issued in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence. The Division of Motor Vehicles may charge a five dollar fee for the temporary license plate which the Comptroller General must place into a special restricted account to be used by the division to defray the expenses of the division associated with the production and issuance of the temporary license plates. The county auditor's office also may charge a five dollar fee for the temporary license plate to defray the


Printed Page 1004 . . . . . Thursday, February 21, 2002

expenses of the county auditor's office associated with the production and issuance of the temporary license plates.

(C)   A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A dealer who issues a temporary license plate or allows a temporary license plate to be issued in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.

(D)   If a person intends to transfer a license plate from one vehicle to another vehicle, he may place the license plate to be transferred on the newly acquired vehicle on the date of its purchase. The bill of sale and registration which corresponds to the license plate must be maintained in the newly acquired vehicle at all times to verify its date of purchase to a law enforcement officer. The purchaser must register the vehicle with the Division of Motor Vehicles within forty-five days from its purchase date. A person who transfers a license plate or allows a license plate to be transferred in violation of this subsection is subject to the vehicle registration and licensing provisions of law.

(E)   A person must replace a temporary license plate issued pursuant to this section with a permanent license plate and registration card as required by Section 56-3-110 within forty-five days of acquiring the vehicle or moving a foreign vehicle into this State. A person who operates a vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars.


Printed Page 1005 . . . . . Thursday, February 21, 2002

(F)   Nothing in this section may be construed to displace or effect the responsibility of a person to obtain insurance before operating a vehicle."

SECTION   2.   Section 56-3-220 of the 1976 Code is repealed.

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

Rep. STUART explained the amendment.

Rep. TRIPP spoke against the amendment.

The amendment was then adopted.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22129CM01), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-210.   (A)   Persons A person who newly acquiring vehicles acquires a vehicle and owners of foreign vehicles or an owner of a foreign vehicle being moved into this State and required to be registered under this chapter, may have not more than forty-five days in which to register and license them. before operating the vehicle on the state's highways during the forty-five day period contained in this section must:

(1)   transfer a license plate from another vehicle pursuant to subsection (D) of this section and Section 56-3-1290;

(2)   purchase a new license plate and registration;

(3)   purchase a temporary license plate from the Division of Motor Vehicles pursuant to subsection (B) of this section;

(4)   purchase a temporary license plate from the county auditor's office in the county in which the person resides pursuant to subsection (b)_of this section; or

(5)   obtain a temporary license plate from a dealer of new or used vehicles pursuant to subsection (C) of this section.

(B)   The Division of Motor Vehicles, or the county auditor's office must, upon proper application, issue a temporary license plate approved by the Division of Motor Vehicles to an applicant pursuant to


Printed Page 1006 . . . . . Thursday, February 21, 2002

subsection (A) of this section. The Division of Motor Vehicles or the county auditor's office must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Division of Motor Vehicles may require. The expiration date may not extend beyond forty-five days from the vehicle's date of purchase. A bill of sale must be maintained in the vehicle at all times to verify its date of purchase to a law enforcement officer. The bill of sale must provide a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. The Division of Motor Vehicles may charge a five dollar fee for the temporary license plate which the Comptroller General must place into a special restricted account to be used by the division to defray the expenses of the division associated with the production and issuance of the temporary license plates. The county auditor's office also may charge a five dollar fee for the temporary license plate to defray the expenses of the county auditor's office associated with the production and issuance of the temporary license plates.

(C)   A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. A bill of sale must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A dealer who issues a temporary license plate or allows a temporary license plate to be issued in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.

(D)   If a person intends to transfer a license plate from one vehicle to another vehicle, he may place the license plate to be transferred on the newly acquired vehicle on the date of its purchase. The bill of sale and registration which corresponds to the license plate must be maintained in the newly acquired vehicle at all times to verify its date of purchase to a law enforcement officer. The purchaser must register


Printed Page 1007 . . . . . Thursday, February 21, 2002

the vehicle with the Division of Motor Vehicles within forty-five days from its purchase date.

(E)   A person must replace a temporary license plate issued pursuant to this section with a permanent license plate and registration card as required by Section 56-3-110 within forty-five days of acquiring the vehicle or moving a foreign vehicle into this State. A person who operates a vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION   2.   Section 56-3-220 of the 1976 Code is repealed.
SECTION   3.   This act takes effect upon approval by the Governor. /
Amend title to conform.

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

Rep. KNOTTS proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\AMEND\22255CM02), which was adopted:
Amend the bill, as and if amended, Section 56-3-210, as contained in SECTION 1, by adding the following appropriately lettered subsection at the end:
/ ( )   Only one temporary license plate shall be issued to a purchaser of a vehicle for the vehicle he has purchased before it is registered permanently. /
Amend the bill further by striking SECTION 3 and inserting:
/ SECTION   3.   The portion of SECTION 1 of this act which provides that "only one temporary license plate shall be issued to a purchaser of a vehicle for the vehicle he has purchased before it is registered permanently" takes effect on July 1, 2003. The remaining portions of SECTION 1 and the remaining SECTIONS of this act take effect upon approval by the Governor. /
Amend title to conform.

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

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

Yeas 103; Nays 0


Printed Page 1008 . . . . . Thursday, February 21, 2002

Those who voted in the affirmative are:
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Hamilton               Harrell                Harrison
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Law                    Leach                  Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rodgers                Sandifer               Scarborough
Scott                  Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Weeks                  Whipper                White
Wilder                 Wilkins                Witherspoon
Young, J.

Total--103


Printed Page 1009 . . . . . Thursday, February 21, 2002

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I am shown as not voting due to another meeting off the floor on other legislation when this vote was taken. This bill will require temporary or permanent license tag(s) to be attached to the vehicle before it can be moved. It will also create more problems for the consumer in private transactions as well as increased workload and delays at the motor vehicle registration office at DMV.
Rep. Dwight Loftis

H. 3678--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RICE, with unanimous consent, it was ordered that H. 3678 (Word version) be read the third time tomorrow.

LEAVE OF ABSENCE

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

H. 3102--DEBATE ADJOURNED

Rep. SIMRILL moved to adjourn debate upon the following Bill until Tuesday, February 26, which was adopted:

H. 3102 (Word version) -- Reps. Simrill, Altman and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-230 SO AS TO PROVIDE THAT THE DRIVER OF A LAW ENFORCEMENT VEHICLE MAY NOT EXCEED THE SPEED LIMIT TO ENTICE THE DRIVER OF A PRIVATE MOTOR VEHICLE TO FOLLOW HIM AT A SPEED THAT EXCEEDS THE SPEED LIMIT IN AN EFFORT TO HAVE THE DRIVER OF THE PRIVATE MOTOR VEHICLE CHARGED WITH SPEEDING BY A LAW ENFORCEMENT OFFICER TRAVELING IN ANOTHER LAW ENFORCEMENT VEHICLE.


Printed Page 1010 . . . . . Thursday, February 21, 2002

H. 3790--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3790 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Edge, Wilkins, Altman and Knotts: A JOINT RESOLUTION PROPOSING AMENDMENTS TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY AMENDING SECTION 7, ARTICLE III, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A QUALIFIED ELECTOR RATHER THAN A LEGAL RESIDENT AT THE TIME HE FILES FOR THE OFFICE AND BY ADDING SECTION 16 TO ARTICLE XVII SO AS TO REQUIRE A CANDIDATE SEEKING ELECTIVE OFFICE TO BE A QUALIFIED ELECTOR OF THE DISTRICT FROM WHICH HE IS TO BE ELECTED AT THE TIME HE FILES FOR THE OFFICE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Section 7, Article III of the Constitution of this State be amended to read:

"Section 7.   No person is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the district in which he may be chosen. Senators must be at least twenty-five and Representatives at least twenty-one years of age. A candidate for the Senate or House of Representatives must be a legal resident qualified elector of the district in which he is a candidate at the time he files for the office. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen


Printed Page 1011 . . . . . Thursday, February 21, 2002

years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected."

SECTION   2.   It is proposed that Article XVII of the Constitution of this State be amended by adding:

"Section 16.   In addition to other qualifications required by this Constitution to be eligible for election to an office, a candidate must be a qualified elector of the district from which he is to be elected at the time he files for the office."

SECTION   3.   The proposed amendments 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 7, Article III of the Constitution of this State, relating to qualifications for Senators and Members of the House of Representatives be amended, so as to require a candidate seeking elective office or a candidate for the Senate or House of Representatives be a qualified elector of the district from which he is to be elected at the time he files for the office and to amend Article XVII, relating to miscellaneous matters, by adding Section 16 so as to require a candidate for any other elective office to be a qualified elector of the district from which he is to be elected at the time he files for the office?

Yes   []

No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. HARRISON explained the Joint Resolution.


Printed Page 1012 . . . . . Thursday, February 21, 2002

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

Yeas 104; Nays 0

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Cato                   Chellis
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Gilham                 Gourdine
Hamilton               Harrell                Harrison
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scarborough            Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, F.N.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Talley                 Taylor                 Thompson
Tripp                  Vaughn                 Webb
Weeks                  Whipper                White

Printed Page 1013 . . . . . Thursday, February 21, 2002

Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--104

Those who voted in the negative are:

Total--0

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

H. 3790--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 3790 (Word version) be read the third time tomorrow.

H. 3009--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3009 (Word version) -- Reps. Campsen, Sandifer, McGee, Davenport, Altman, Wilder, Meacham-Richardson, Stille, J. Young, Simrill, Walker, Cotty, Wilkins, Harrison, McLeod and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\10670HTC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:


Printed Page 1014 . . . . . Thursday, February 21, 2002

/ SECTION   1.   This act may be cited as the "Gambling Cruise Prohibition Act". It is the intent of the General Assembly in enacting this act to prohibit gambling on any United States or foreign documented vessel in this State and on any United States or foreign documented vessel conducting voyages that begin and end in this State, consistent with the standards specified in 15 U.S.C. 1175(b), commonly referred to as the Johnson Act Amendments of 1992. It is the purpose of this act clearly and unequivocally to prohibit gambling activities on so-called "cruises to nowhere" as provided in 15 U.S.C. 1175. The passage of this act should in no way be construed or interpreted to mean that existing laws prohibiting gambling in this State do not apply to the so-called "cruises to nowhere" described in this act.
SECTION   2.   Chapter 19, Title 16 of the 1976 Code is amended by adding:

"Section 16-19-170.   (A)   As used in this section:

(1)   'Vessel' means every kind of watercraft used or capable of being used as a means of transportation on or in water, as well as any ship, boat, barge, or other watercraft or any other structure capable of floating on or in the water.

(2)   'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker, blackjack machines, keeno, or any other video gambling machine, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.

(3)   For purposes of this section, an 'intervening stop' occurs when a vessel departs the jurisdictional waters of this State and sails into United States or international waters, and between the time the vessel departs the jurisdictional waters of this State and the time it returns to the jurisdictional waters of this State, the vessel docks at a port of call in another state or possession of the United States or foreign country and remains in that port for a period of time sufficient to allow passengers the opportunity to disembark the vessel for sightseeing, shopping, or other tourism-related activities at that port.

(B)(1)   It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel within the jurisdiction of this State.

(2)   It is unlawful for a person to own, keep, operate, manage, or maintain any gambling device on a vessel within the jurisdiction of this State unless:

(a)   the vessel is engaged in a voyage that begins and ends in this State and makes an intervening stop; and


Printed Page 1015 . . . . . Thursday, February 21, 2002

(b)   any gambling that occurs aboard the vessel occurs only outside the jurisdictional waters of this State.

(C)   It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel that is on a voyage if:

(a)   the voyage begins and ends in this State; and

(b)   during the voyage the vessel does not make an intervening stop.

(D)   It is unlawful for a person to own, keep, operate, manage, or maintain a vessel that transports persons to another vessel for the purpose of engaging in gambling if the transportation begins and ends within the jurisdiction of this State and neither the vessel providing such transportation nor the vessel on which the use of any gambling device occurs makes an intervening stop.

(E)(1)   A person who violates subsections (B)(1) or (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. Nothing in this section precludes prosecution for any other applicable gambling offense.

(2)   A person who violates subsections (B)(2) or (D) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than one year. Nothing in this section precludes prosecution for any other applicable gambling offense."
SECTION   3.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   4.   This act takes effect July 1, 2002. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

Rep. CAMPSEN spoke in favor of the amendment.
Rep. KNOTTS spoke against the amendment.


Printed Page 1016 . . . . . Thursday, February 21, 2002

The amendment was then adopted by a division vote of 57 to 26.

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

Yeas 79; Nays 21

Those who voted in the affirmative are:

Allen                  Bales                  Barfield
Barrett                Battle                 Bingham
Campsen                Cato                   Coleman
Cooper                 Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Huggins                Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Neal, J.M.             Neilson
Owens                  Parks                  Perry
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Vaughn                 Webb                   White
Wilder                 Wilkins                Witherspoon
Young, J.

Total--79

Those who voted in the negative are:

Bowers                 Breeland               Brown, J.
Brown, R.              Chellis                Clyburn
Cobb-Hunter            Dantzler               Freeman

Printed Page 1017 . . . . . Thursday, February 21, 2002

Hines, J.              Hines, M.              Hinson
Howard                 Kennedy                Lloyd
Mack                   Moody-Lawrence         Scott
Smith, J.E.            Weeks                  Young, A.

Total--21

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

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 4784 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2002.

H. 4784--ADOPTED AND SENT TO THE SENATE

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

H. 4784 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2002.


Printed Page 1018 . . . . . Thursday, February 21, 2002

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

That by this resolution, the members of the General Assembly request the Department of Public Safety to waive the motor vehicle titling, licensing, and registration requirements of Title 56 of the Code of Laws of South Carolina, 1976, on cars provided by an automobile manufacturer for promotional purposes in connection with nationally-sponsored NASCAR racing events held in this State in 2002.

Be it further resolved that this waiver must extend to no more than thirty-five cars by a single manufacturer for a period not to exceed twenty-one days per race and that this waiver does not extend to the financial responsibility or insurance coverage requirements for operating a motor vehicle on the public roads of this State.

Be it further resolved that the Department of Public Safety shall prescribe an appropriate means of identification in lieu of the licensing and registration requirements otherwise applicable.

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

HOUSE RESOLUTION

The following was introduced:

H. 4788 (Word version) -- Rep. Weeks: A HOUSE RESOLUTION TO COMMEND MR. JAMES T. MCCAIN OF SUMTER, A LEGENDARY FREEDOM FIGHTER FOR HIS EXTRAORDINARY ACCOMPLISHMENTS AND LIFE WORKS AND SINCERELY WISH THE BEST FOR HIM AS HE CELEBRATES HIS NINETY-SEVENTH BIRTHDAY ON MARCH 8, 2002.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4789 (Word version) -- Reps. Talley, Allison, Davenport, Lee, Littlejohn, Sinclair, W. D. Smith and Walker: A CONCURRENT RESOLUTION TO COMMEND AND EXPRESS DEEPEST APPRECIATION TO


Printed Page 1019 . . . . . Thursday, February 21, 2002

THE SPARTANBURG COUNTY FOUNDATION, ITS TRUSTEES, CONSTITUENTS, AND STAFF FOR ITS OUTSTANDING AND GENEROUS INVESTMENT IN OUR SCHOOLS, AND FOR THIS PIONEERING PUBLIC-PRIVATE PARTNERSHIP INVESTMENT IN OUR FUTURE THROUGH THE EDUCATION OF OUR YOUTH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4790 (Word version) -- Reps. J. H. Neal, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE VANESSA ALEXANDRA MENDOZA, OF UNGUIA, CHOCO, COLOMBIA, SOUTH AMERICA, UPON WINNING THE COVETED CROWN AND TITLE OF "MISS COLOMBIA" IN THE 2001-2002 MISS COLOMBIA BEAUTY PAGEANT, TO ESPECIALLY COMMEND HER ON BEING THE


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FIRST BLACK WOMAN TO BECOME "MISS COLOMBIA", AND TO WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

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. 4791 (Word version) -- Reps. Knotts, Davenport, Frye, Koon, Leach, Littlejohn, Riser, Sinclair, Stuart, Vaughn and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA MUST DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PROVIDE THAT THE FISCAL IMPACT DISCLOSURE MUST REVEAL; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS, THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCES THE RATE OR ALTERS THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY, OR RELATING TO ANY OTHER KIND OF FINANCIAL AGREEMENT OR ARRANGEMENT OFFERED AS AN INCENTIVE, ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED BY THE INDUSTRY OR BUSINESS TO WHOM THE OFFER WAS MADE.
Referred to Committee on Judiciary


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H. 4730--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4730 (Word version) be read the third time tomorrow.

H. 4731--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4731 (Word version) be read the third time tomorrow.

H. 4732--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4732 (Word version) be read the third time tomorrow.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4687 (Word version) -- Reps. Wilkins and Townsend: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2002, AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH".

H. 4751 (Word version) -- Reps. M. Hines and J. Hines: A CONCURRENT RESOLUTION SALUTING DR. CHARLES E. BEVIS UPON HIS RETIREMENT AS EXECUTIVE DIRECTOR OF THE PEE DEE MENTAL HEALTH CENTER, AND THANKING HIM FOR HIS EXCELLENT PUBLIC SERVICE DURING HIS DISTINGUISHED CAREER.

H. 4753 (Word version) -- Reps. Miller and Snow: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE GIFTED STORYTELLER, EXCEPTIONAL LITERARY ARTIST, AND GENEROUS PHILANTHROPIST, DR. LEE R. MINTON OF PAWLEYS ISLAND, FOR HIS DISTINGUISHED CONTRIBUTIONS TO THE STUDY AND PRESERVATION OF SOUTHERN HISTORY AND CULTURE THROUGH HIS OUTSTANDING ASSISTANCE WITH PROGRAMS FOCUSING ON THE ARTS.


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H. 4755 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND BRITT REAMES OF SENECA, FOR HIS HARD WORK AND DETERMINATION THAT HAVE LED TO A SUCCESSFUL CAREER IN PROFESSIONAL BASEBALL, CONGRATULATE HIM ON HAVING HIS JERSEY RETIRED BY SENECA HIGH SCHOOL, AND WISH HIM CONTINUED SUCCESS AND ACHIEVEMENT IN HIS CHOSEN FIELD.

H. 4756 (Word version) -- Reps. J. E. Smith, Haskins, Quinn, J. H. Neal and Talley: A CONCURRENT RESOLUTION TO ENCOURAGE PRIVATE HEALTH INSURANCE COMPANIES AND EMPLOYERS TO INCLUDE INSURANCE COVERAGE FOR THE SCREENING AND DETECTION OF COLORECTAL CANCER.

H. 4764 (Word version) -- Reps. W. D. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF THEIR COLLEAGUE, REPRESENTATIVE AL ROBINSON, AS HE LEAVES THE HOUSE TO ASSUME DUTIES IN WASHINGTON, D.C., WITH THE UNITED STATES DEPARTMENT OF LABOR AND WISHING FOR HIM A SUCCESSFUL AND PRODUCTIVE CAREER IN FEDERAL SERVICE.


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H. 4770 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO COMMEND AND HONOR PASTOR CURTIS L. JOHNSON OF VALLEY BROOK OUTREACH BAPTIST CHURCH IN GREENVILLE FOR HIS DYNAMIC CHRISTIAN MINISTRY AND HIS DEDICATION TO SERVING HIS FELLOW MAN TO THE GLORY OF GOD.

H. 4778 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE REVEREND ANTHONY A. MCCALLUM FOR HIS OUTSTANDING ACCOMPLISHMENTS AND LIFETIME OF SERVICE TO HIS FELLOWMAN AS A DEDICATED MINISTER OF THE GOSPEL OF OUR LORD JESUS CHRIST, AND TO JOYFULLY EXTEND A WARM WELCOME TO HIM AND HIS FAMILY ON THE OCCASION OF HIS INSTALLATION AS THE PASTOR AND SPIRITUAL LEADER OF BETHLEHEM BAPTIST CHURCH OF COLUMBIA.

H. 4779 (Word version) -- Reps. Davenport and Lee: A CONCURRENT RESOLUTION TO COMMEND AND HONOR SHANNON L. WYATT FOR HER DEDICATED LEADERSHIP AND THOROUGH SENSE OF RESPONSIBILITY AS AN EMPLOYEE OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AT THE NORTHSIDE CORRECTIONAL INSTITUTION IN SPARTANBURG.


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H. 4782 (Word version) -- Reps. Barrett, Webb, Trotter, Robinson and Rice: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO CHIEF LONNIE JO SAXON FOR HIS OUTSTANDING SERVICE TO CLEMSON UNIVERSITY IN THE AREA OF LAW ENFORCEMENT, AND WISHING HIM MUCH SUCCESS AND HAPPINESS UPON HIS RETIREMENT.

H. 4785 (Word version) -- Reps. Klauber, 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, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING THE NATIONAL GUARD AND RESERVE AS ESSENTIAL TO THE STRENGTH AND WELL-BEING OF OUR NATION AND STATE, AND EXPRESSING DEEPEST APPRECIATION AND SUPPORT FOR THE THOUSANDS OF SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE.

H. 4789 (Word version) -- Reps. Talley, Allison, Davenport, Lee, Littlejohn, Sinclair, W. D. Smith and Walker: A CONCURRENT RESOLUTION TO COMMEND AND EXPRESS DEEPEST APPRECIATION TO THE SPARTANBURG COUNTY FOUNDATION, ITS TRUSTEES, CONSTITUENTS, AND STAFF FOR ITS OUTSTANDING AND GENEROUS INVESTMENT IN OUR SCHOOLS, AND FOR THIS PIONEERING PUBLIC-PRIVATE PARTNERSHIP INVESTMENT IN OUR FUTURE THROUGH THE EDUCATION OF OUR YOUTH.


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H. 4790 (Word version) -- Reps. J. H. Neal, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE VANESSA ALEXANDRA MENDOZA, OF UNGUIA, CHOCO, COLOMBIA, SOUTH AMERICA, UPON WINNING THE COVETED CROWN AND TITLE OF "MISS COLOMBIA" IN THE 2001-2002 MISS COLOMBIA BEAUTY PAGEANT, TO ESPECIALLY COMMEND HER ON BEING THE FIRST BLACK WOMAN TO BECOME "MISS COLOMBIA", AND TO WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

ADJOURNMENT

At 11:55 a.m. the House, in accordance with the motion of Rep. LIMEHOUSE, adjourned in memory of Mrs. Dorothy Donnelley of Green Pond, to meet at 10:00 a.m. tomorrow.

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