South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives


Printed Page 1016 . . . . . Tuesday, February 25, 2003

Tuesday, February 25, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 16:11: "You show me the path of life. In Your presence there is fullness of joy; in Your right hand are pleasures forevermore."
Let us pray. Lord God, You are fresh water to a thirsty soul longing to find answers to questions of what needs to be accomplished for the people of South Carolina. Be our guiding light and quench our thirst for the right answers. Hear our prayer. Amen.

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

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

MOTION ADOPTED

Rep. RICHARDSON moved that when the House adjourns, it adjourn in memory of Shirley "Sam" McDonald, former mayor of Tega Cay, which was agreed to.

REPORT RECEIVED

The Report of the S.C. Birth Defect Surveillance Task Force Report was received and printed in the Senate Journal on Friday, February 21.

R. 6, H. 3327--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 21, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives


Printed Page 1017 . . . . . Tuesday, February 25, 2003

State House
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3327 (Word version), R. 6, a Joint Resolution:
TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 29 AND 30, 2002, BY THE STUDENTS OF SLATER-MARIETTA ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ROOF AND STRUCTURAL PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
This veto is based upon my belief that H. 3327, R. 6 is unconstitutional.
Though well-intentioned as it might be, H. 3327, R. 6 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly should establish a general statute that sets forth the general types of events or occasions when missed school days should be exempted from the make-up requirement. The recurring nature of legislation like H. 3327, R. 6 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of H. 3327, R. 6 renders this Joint Resolution unconstitutional. For this reason, I am returning H. 3327, R. 6 to you without my signature.

Sincerely,
Mark Sanford
Governor


Printed Page 1018 . . . . . Tuesday, February 25, 2003

R. 7, H. 3377--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 21, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:
I am returning without my approval H. 3377 (Word version), R. 7, a Joint Resolution:
TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE SCHOOL WEEK OF DECEMBER 2 THROUGH DECEMBER 6, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
This veto is based upon my belief that H. 3377, R. 7 is unconstitutional.
Though well-intentioned as it might be, H. 3377, R. 7 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly should establish a general statute that sets forth the general types of events or occasions when missed school days should be exempted from the make-up requirement. The recurring nature of legislation like H. 3377, R. 7 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.


Printed Page 1019 . . . . . Tuesday, February 25, 2003

In summary, I believe the specific nature of H. 3377, R. 7 renders this Joint Resolution unconstitutional. For this reason, I am returning H. 3377, R. 7 to you without my signature.

Sincerely,
Mark Sanford
Governor

INVITATION

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

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Spartanburg County Day Committee the Members of the House of Representatives are invited to a reception. This event will be held at the South Carolina State Museum on Wednesday, March 12, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Lee A. Blair
ExecutiveVice President
Spartanburg Chamber of Commerce

REPORTS OF STANDING COMMITTEES

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3538 (Word version) -- Reps. Townsend, Gilham, J. M. Neal, J. Hines, Martin, Wilkins, Cato, Chellis, Littlejohn, W. D. Smith, Stille, White and Talley: A BILL TO ENACT THE "DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-5 SO AS TO PROVIDE FOR THE ESTABLISHMENT AND DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES


Printed Page 1020 . . . . . Tuesday, February 25, 2003

MAY ENTER INTO CONTRACTS WITH CERTAIN PERSONS AND ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER'S LICENSE EXAMINATION; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT CERTAIN PERSONS MUST BE REGISTERED FOR THE UNITED STATES SELECTIVE SERVICE WHEN APPLYING TO THE DEPARTMENT OF MOTOR VEHICLES FOR CERTAIN SERVICES; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING CERTAIN INFORMATION RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO CERTAIN DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ALL DUTIES AND FUNCTIONS THAT RELATE TO ITS MOTOR VEHICLE DIVISION; TO AMEND SECTION 23-6-20 AND SECTION 23-6-30, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT, DUTIES, AND POWERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION AND ITS DUTIES AND FUNCTIONS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS THAT RELATE TO THE REGULATION OF MOTOR VEHICLES ALONG THE STATE'S HIGHWAYS, SO AS TO REDEFINE THE TERM "DEPARTMENT" TO MEAN THE "DEPARTMENT OF MOTOR VEHICLES"; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE FEE FOR AND CONTENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR FIVE YEARS IS TWELVE DOLLARS AND FIFTY CENTS, AND THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS IS TWENTY-FIVE DOLLARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO THE EXPIRATION AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE IS VALID FOR TEN YEARS INSTEAD OF FIVE YEARS FOR A PERSON WHO IS UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSE PLATES, VALIDATION DECALS, AND VEHICLE REGISTRATION CARDS, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, TO

Printed Page 1021 . . . . . Tuesday, February 25, 2003

PROVIDE THAT A PERSON SHALL OBTAIN MOTOR VEHICLE LICENSE PLATES FROM THE DEPARTMENT OF MOTOR VEHICLES OR AN ENTITY AUTHORIZED BY THE DEPARTMENT, TO PROVIDE THAT A PERSON SHALL OBTAIN VALIDATION DECALS AND MOTOR VEHICLE REGISTRATION CARDS FROM THE DEPARTMENT OF MOTOR VEHICLES, THE COUNTY TREASURER'S OFFICE, OR AN ENTITY AUTHORIZED BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THE CONDITIONS UPON WHICH VALIDATION DECALS AND REGISTRATION CARDS MAY BE ISSUED, AND TO PROVIDE THAT CERTAIN FEES MAY BE CHARGED BY THE TREASURER'S OFFICES AND CERTAIN ENTITIES TO DEFRAY THEIR COSTS OF ISSUING VALIDATION DECALS AND REGISTRATION CARDS; TO REPEAL SECTION 23-6-35, RELATING TO FEES THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING CERTAIN MOTOR VEHICLE RECORDS; TO REPEAL ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE CREATION AND CERTAIN DUTIES AND FUNCTIONS OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES THAT RELATE TO THE DEPARTMENT OF PUBLIC SAFETY AND THE NEWLY CREATED DEPARTMENT OF MOTOR VEHICLES.
Ordered for consideration tomorrow.

Rep. WALKER, from the Spartanburg Delegation, submitted a favorable report on:

H. 3258 (Word version) -- Reps. Walker, Talley and Littlejohn: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SPARTANBURG COUNTY SCHOOL DISTRICTS ONE THROUGH SEVEN MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Ordered for consideration tomorrow.


Printed Page 1022 . . . . . Tuesday, February 25, 2003

Rep. WALKER, from the Spartanburg Delegation, submitted a favorable report on:

H. 3672 (Word version) -- Reps. Walker, Mahaffey, Talley and Littlejohn: A BILL TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS IN SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7.
Ordered for consideration tomorrow.

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

S. 313 (Word version) -- Senators Alexander, J. V. Smith, Leatherman, McConnell, Courson, Patterson, Thomas, O'Dell and Setzler: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT FINANCIALLY SUSTAINABLE, VOLUNTARY, UNIVERSAL, AND PRIVATELY ADMINISTERED OUT-PATIENT PRESCRIPTION DRUG COVERAGE AS PART OF THE FEDERAL MEDICARE PROGRAM.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3677 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, AND TO MAKE TECHNICAL CORRECTIONS.
Referred to Committee on Education and Public Works


Printed Page 1023 . . . . . Tuesday, February 25, 2003

H. 3678 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-250 SO AS TO PROVIDE THAT A VALID CONCEALED WEAPONS OR HANDGUN PERMIT OR LICENSE ISSUED BY ANOTHER STATE IS VALID IN SOUTH CAROLINA IF THAT STATE'S REQUIREMENTS FOR PERMITS ARE SUBSTANTIALLY EQUAL TO THOSE OF THIS STATE, AND IF THAT STATE GRANTS THE SAME RIGHT TO RESIDENTS OF SOUTH CAROLINA WHO HAVE VALID CONCEALED HANDGUN PERMITS, AND TO PROVIDE FOR THE ADMINISTRATION OF RECIPROCAL CONCEALED WEAPONS AND HANDGUN PERMITS FOR PERMIT HOLDERS OF THIS AND OTHER STATES.
Referred to Committee on Judiciary

H. 3681 (Word version) -- Reps. E. H. Pitts, Clark, Duncan, Frye, Koon and Merrill: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS SUCH GROUND, THE CONVICTION OF A PARENT FOR THE MURDER OF THE CHILD'S OTHER PARENT.
Referred to Committee on Judiciary

S. 79 (Word version) -- Senator Alexander: A BILL TO REPEAL SECTION 6-8-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND RENEWAL OF CERTIFICATES OF REGISTRATION WITHOUT EXAMINATION TO BUILDING CODES ENFORCEMENT OFFICERS EMPLOYED IN CODES ENFORCEMENT FOR THEIR POSITION AND LOCATION AT THE TIME THIS CODE SECTION BECAME EFFECTIVE.
Referred to Committee on Labor, Commerce and Industry

S. 204 (Word version) -- Senators McConnell, Martin and Knotts: A BILL TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES, SO AS TO AUTHORIZE AN ADMINISTRATIVE LAW JUDGE TO USE MEDIATION AS PROVIDED IN THE SOUTH CAROLINA CIRCUIT COURT ALTERNATIVE DISPUTE RESOLUTION RULES; TO AMEND SECTION 6-29-800, RELATING TO THE POWERS OF A ZONING BOARD OF APPEALS, SO AS TO PROVIDE A MATTER MAY BE


Printed Page 1024 . . . . . Tuesday, February 25, 2003

REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-820, RELATING TO APPEAL FROM A ZONING BOARD OF APPEALS TO A CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-825, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A ZONING BOARD OF APPEALS DECISION; TO AMEND SECTION 6-29-830, RELATING TO THE NOTICE OF APPEAL FROM A ZONING BOARD OF APPEALS DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-840, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-890, RELATING TO AN APPEAL TO A BOARD OF ARCHITECTURAL REVIEW, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-900, RELATING TO AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW TO THE CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-915, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION; TO AMEND SECTION 6-29-920, RELATING TO THE NOTICE OF APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-930, RELATING TO DETERMINATION

Printed Page 1025 . . . . . Tuesday, February 25, 2003

OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-1150, RELATING TO AN APPEAL FROM A DECISION OF A PLANNING COMMISSION, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION THAT, WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET, AND THAT, IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-9-1155, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A PLANNING COMMISSION DECISION; AND TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING ARTICLE 9, SO AS TO PROVIDE EDUCATIONAL REQUIREMENTS FOR ZONING OFFICIALS AND EMPLOYEES AND TO CREATE AN ADVISORY COMMITTEE TO APPROVE COURSES FOR ORIENTATION AND CONTINUING EDUCATION PROGRAMS.
Referred to Committee on Judiciary

S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL


Printed Page 1026 . . . . . Tuesday, February 25, 2003

DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Referred to Committee on Ways and Means

S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. V. Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.
On motion of Rep. TOWNSEND, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 395 (Word version) -- Senators Hayes, Gregory, Short and Peeler: A BILL TO AMEND ACT 469 OF 2000, RELATING TO SCHOOL DISTRICT 1 OF YORK COUNTY, SO AS TO REVISE THE DATE ON WHICH ELECTED MEMBERS OF THE BOARD SHALL TAKE OFFICE.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 3679 (Word version) -- Reps. Perry, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine,


Printed Page 1027 . . . . . Tuesday, February 25, 2003

Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE BOY SCOUT MATTHEW MABRY RAMSEY OF AIKEN ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3680 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor,


Printed Page 1028 . . . . . Tuesday, February 25, 2003

Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION THANKING FOSTER MILLER "BILLY" ROUTH III FOR HIS LONG YEARS OF DEDICATED PUBLIC SERVICE AND HIS VITAL CONTRIBUTIONS TO THE POLITICAL PROCESS AND WISHING HIM WELL AS HE BEGINS YET ANOTHER CHAPTER IN THE CONTINUING STORY OF HIS DISTINGUISHED PARTICIPATION IN POLITICAL, GOVERNMENTAL, AND CONSTITUENT RELATIONS.

Whereas, Foster Miller "Billy" Routh III, who began his public service in 1988 as Transportation Coordinator of the Division of Economic Opportunity in the Governor's Office, most recently has served as Chief of Staff of the Office of the Speaker of the House of Representatives; and

Whereas, Billy Routh is called to offer his special brand of exuberance for political, governmental, and constituent relations to his new role at the State Budget and Control Board; and

Whereas, his long and loyal efforts within state government have included top positions in both the legislative and executive branches, from Director of Constituent Services for the House, to Legislative Liaison with the House for former Governor David Beasley, and Director of Intergovernmental Relations and Transportation for former Governor Carroll Campbell; and

Whereas, he holds the honorary and loving titles of Former Mayor of the Brown Building and Mayor of the Blatt Building; and

Whereas, no doubt his early years of experience as a school bus driver, rock band drummer, and restaurant owner prepared him for his successful career, teaching him the important life lessons of patience, timing, and service with a smile; and

Whereas, his most appealing and critical characteristic is his genuine love for the people of this State, and some would claim he knows each of them personally; and


Printed Page 1029 . . . . . Tuesday, February 25, 2003

Whereas, Billy Routh's contributions to this State he loves will surely continue as he moves over to the State Budget and Control Board. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, thank Foster Miller "Billy" Routh III for his long years of dedicated public service and his vital contributions to the political process and wish him well as he begins yet another chapter in the continuing story of his distinguished participation in political, governmental, and constituent relations.

Be it further resolved that a copy of this resolution be presented to Foster Miller "Billy" Routh III.

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

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Govan
Hagood                 Harrell                Harrison
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Kennedy
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie

Printed Page 1030 . . . . . Tuesday, February 25, 2003

Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Scott                  Sheheen
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 25.

Karl Allen                        Anne Parks
Glenn Hamilton                    Gloria Haskins
Phillip Sinclair                  Denny Neilson
Todd Rutherford                   Catherine Ceips
Bill Cotty                        Becky Martin
Thomas Keegan                     Seth Whipper

Total Present--121

STATEMENT OF ATTENDANCE

Rep. HARRISON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, February 20.

DOCTOR OF THE DAY

Announcement was made that Dr. Andrew Pate of Lancaster is the Doctor of the Day for the General Assembly.


Printed Page 1031 . . . . . Tuesday, February 25, 2003

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 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. 3590 (Word version)
Date:   ADD:
02/25/03   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3675 (Word version)
Date:   ADD:
02/25/03   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/25/03   EDGE

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/25/03   QUINN


Printed Page 1032 . . . . . Tuesday, February 25, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3190 (Word version)
Date:   ADD:
02/25/03   QUINN

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
02/25/03   WHITE

CO-SPONSOR REMOVED

Bill Number:   H. 3628 (Word version)
Date:   REMOVE:
02/25/03   HARRELL

CO-SPONSOR REMOVED

Bill Number:   H. 3628 (Word version)
Date:   REMOVE:
02/25/03   SCARBOROUGH

JOINT ASSEMBLY

At 12:30 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ADDRESS BY THE NATIONAL COMMANDER
OF THE AMERICAN LEGION

The Reading Clerk of the House read the following Concurrent Resolution:

S. 189 (Word version) -- Senators Courson, Knotts, Giese and Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RONALD F. CONLEY, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 25, 2003.

The Honorable Ronald F. Conley, and distinguished party were escorted to the rostrum by Senators Drummond, Glover, Leventis,


Printed Page 1033 . . . . . Tuesday, February 25, 2003

Courson and Waldrep and Representatives HOSEY, MCLEOD, WALKER, TAYLOR and COATES.

The Lt. Governor recognized our special guests and then introduced Mr. Ronald F. Conley, the National Commander of the American Legion, who addressed the Joint Assembly as follows:
Greetings Senate President Pro Tempore McConnell and House Speaker Wilkins, Members of the South Carolina Senate and House, and distinguished guests. Lieutenant Governor Bauer, I thank you for that wonderful introduction. I only hope I can meet the expectations you've created.
As I begin, let me take a moment to introduce members of the American Legion family who are with me today. The Commander of the South Carolina American Legion, John Palmer of Mountain Rest, the National Executive Committeeman for the American Legion of South Carolina, Rennie Singletary, Jr. of Cross, the Adjutant of the American Legion of South Carolina, Jimmy Hawk from right around the corner, the State President of the American Legion Auxiliary, Madge S. Herman, and the Secretary Treasurer, Margaret May.
It is an honor and privilege to stand before you today. On behalf of the 26,000 Legionnaires here in South Carolina and the 2.8 million Legionnaires around the world, I want to thank each of you. You can be proud of your work in supporting veterans throughout the State.
Since I became national commander of the nation's largest veterans organization last August, I have been traveling across the nation visiting VA hospitals to assess the care given to our country's veterans. I'm here to tell you that there are devoted men and women in the VA healthcare system that are extremely dedicated and caring individuals. The VA healthcare system has problems, but its people are not the problem. The system is the problem.
It is under-funded and that translates into fewer staff, longer waits for primary healthcare, and tragically, lost infrastructure to provide vital services conveniently for disabled veterans. South Carolina veterans have paid 9.4 million dollars for health care to Charleston and will be asked to pay 12 million this year. This is only at Charleston. We will find out about Columbia tomorrow. That's why the American Legion is conducting a national campaign, "I am not a number" to place actual faces of veterans to the statistic of long waits.
Over 300,000 veterans are waiting well over 6 months to get a primary care appointment. For some of our aging World War II veterans, those waiting times may be too late. I will be taking their


Printed Page 1034 . . . . . Tuesday, February 25, 2003

stories and pictures to Washington this time next week to present them to our federal lawmakers.
On behalf of every veteran in South Carolina and America, I am going to ask them to pass legislation that will make funding of the VA healthcare system MANDATORY, rather than discretionary. The men and women who served our nation when called, deserve no less. Here in South Carolina our veterans are blessed. You welcome military retirees with an income tax exemption. The benefits you provide disabled veterans are among the best in the nation. You have a good system of Veterans Homes, and I am confident you will soon make it better by approving the additional 3 million dollars from South Carolina resources to move forward on the 280-bed facility for Walterboro.
The men and women of the South Carolina Office of Veterans Affairs, under the temporary guiding hand of Lee Caulder, can always be counted on to ensure veterans in your State get the services they need.
As a nation at war, a war on terrorism that involves many fronts, America continues to make more veterans. The sacrifices made by the men and women in today's armed forces are clearly, above and beyond. In addition to long deployments and family separations, they face combat with individuals who not only hate them, they hate America.
Young men and women from South Carolina and across the nation, our sons, daughters, neighbors, and grandkids, are defending our interests in the caves and deserts of hostile lands. It is hard reality to accept that while we are gathered in this Chamber, some of them are in locations and situations that just may take their lives.
All of them are truly America's heroes. I thank you for supporting the veterans of South Carolina, of wars past and present. I hope that you continue to honor their service by ensuring veterans preference in jobs bills. Additionally, let me suggest another area in which you can make a real difference in the lives of South Carolinians called to active duty from the Guard and Reserve. It's no secret that more call-ups are occurring. Anything you can do in the area of tax relief for these dedicated Americans would be of tremendous help to them. Also to the employer who subsidizes their salaries.
Many take a serious cut in pay when they leave their civilian jobs to fight in the war on terrorism. An employer who helps his employees in supplementing those pay cuts should have some consideration. Believe me, your effort in this area would pay big dividends.

Printed Page 1035 . . . . . Tuesday, February 25, 2003

In an uncertain world, there is one thing certain about the people in South Carolina and their elected officials; they are proud Americans who understand values.
South Carolina was one of the first states to pass a "Memorializing Resolution" supporting an amendment to the U.S. Constitution to restore to Congress the right to protect the U.S. Flag from acts of desecration. I am aware that you are ready to act once again when the U.S. House and U.S. Senate pass it in the 108th Congress and send it here for ratification.
It is my belief that once the proposal finally gets to the states, it will become the quickest amendment ever ratified, and rightfully so.
And finally, if any of you are wartime veterans, I just happen to have American Legion application forms in my pocket. We'd love to have you join us. We welcome our newest member, Rep. Harrison and we recognize Rep. Lonnie Hosey as Post Commander for 20 years.
I thank you for all that you do for South Carolina, its veterans and their families. May God bless you as you continue the work of the people in these trying times.
Upon conclusion of his address, the National Commander and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:40 p.m. the House resumed, the SPEAKER in the Chair.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

S. 358 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE TO REPLACE FUNDS


Printed Page 1036 . . . . . Tuesday, February 25, 2003

LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

ORDERED TO THIRD READING

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

H. 3670 (Word version) -- Reps. Lucas, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3280 (Word version) -- Reps. Harrison and Clemmons: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF THE BOARDS AND COMMISSIONS ON WHICH MEMBERS OF THE GENERAL ASSEMBLY MAY SERVE, SO AS TO ALLOW MEMBERS TO SERVE ON THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK.

Rep. HARRISON explained the Bill.

H. 3575--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3575 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-85 SO AS TO PROVIDE FOR TREATMENT OF UNCLAIMED PROPERTY PAYABLE OR DISTRIBUTABLE IN THE COURSE OF THE DEMUTUALIZATION OF AN INSURANCE COMPANY AS ABANDONED IN FIVE YEARS; AND TO AMEND SECTION 27-18-180, AS AMENDED, RELATING TO REPORTS OF UNCLAIMED PROPERTY, SO AS TO REQUIRE THE FILING OF A REPORT OF UNCLAIMED DEMUTUALIZATION PROCEEDS BEFORE MAY FIRST.


Printed Page 1037 . . . . . Tuesday, February 25, 2003

Reps. SCARBOROUGH and TRIPP proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1287MM03), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.

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

Rep. TRIPP proposed the following Amendment No. 2 (Doc Name H-LCI\3575-1), which was adopted:
Amend the bill, as and if amended, in SECTION 1, line 33 by adding the following:
"This shall not apply to amounts due and owing to the State or any political subdivision thereof."
Renumber sections to conform.
Amend title to conform.

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

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

H. 3353--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3353 (Word version) -- Reps. Rhoad, Ott, Frye, Koon, Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J. E. Smith, Hayes, Anthony, Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J. M. Neal, Phillips, Rivers, Scarborough, G. M. Smith, Tripp, Umphlett and Lloyd: A BILL TO AMEND SECTION 50-11-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SO AS TO PROVIDE AN EXCEPTION, AND TO DELETE THE REQUIREMENT THAT A PERMIT BE OBTAINED BEFORE TRAPPING COYOTES OUTSIDE THE PRESCRIBED TRAP DISTANCE LIMITS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE,


Printed Page 1038 . . . . . Tuesday, February 25, 2003

OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO PROVIDE EXCEPTIONS; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO OWNS A COYOTE HUNTING ENCLOSURE AND IS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES TO PURCHASE LIVE COYOTES FOR RELEASE INTO HIS PEN IS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, TO PROVIDE THAT COYOTES MUST BE OBTAINED FROM A SOUTH CAROLINA LICENSED COMMERCIAL TRAPPER AND MAY BE OBTAINED ONLY IF THE COYOTES WERE TAKEN LAWFULLY IN THIS STATE; AND TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO TAGGING OF CERTAIN FURS, PELTS, AND HIDES, SO AS TO PROVIDE THAT FURBEARING ANIMALS, INCLUDING COYOTES, TAKEN LIVE TO BE SOLD AS LIVE ANIMALS ARE NOT REQUIRED TO BE TAGGED.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3241DC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Article 13
Fox and Coyote Hunting Enclosures

Section 50-11-2600.   For purposes of this article:

(1)   'Fox and coyote hunting enclosure' and 'enclosure' mean a structure that restricts the free movement of foxes and coyotes into or out of an area.

(2)   'Enclosure operator' means the owner, manager, or operator of an enclosure. Only one operator is allowed for each enclosure in addition to the owner.

(3)   'Owner' means the person that owns the property enclosed, or one that leases the property with an agreement with the enclosed lands owner to retain possession of the improvements to the property.

Section 50-11-2605.   It is unlawful to buy, sell, transfer, possess, or release a live coyote, coyote-hybrid, or fox within the State except as permitted by the department pursuant to this title.


Printed Page 1039 . . . . . Tuesday, February 25, 2003

Section 50-11-2610.   (A)   The department is authorized to issue fox and coyote hunting enclosure permits to an enclosure operator pursuant to the terms and provisions of this article. There is no charge for the permit. For purposes of this article a permit year is from March sixteenth of one year to March fifteenth of the next year.

(B) An operating permit is valid only for one enclosure; additional permits are required to operate more than one enclosure. It is unlawful for a person to submit false information to the department when making application for a permit provided for in this article. Intentional misrepresentation of information submitted on the application results in the denial or revocation of the enclosure permit.

(C)   It is unlawful to operate or hunt fox or coyote within a fox or coyote hunting enclosure that is not permitted pursuant to the provisions of this article.

Section 50-11-2620.   (A)   Foxes and coyotes for stocking hunting enclosures may be obtained only from a South Carolina licensed trapper and must be lawfully taken within this State during the regular trapping season.

(B)   Foxes and coyotes for stocking hunting enclosures may be obtained only by the owner or enclosure operator of a permitted enclosure. Foxes and coyotes may be released only into an enclosure that is permitted by this title by the owner or enclosure operator of the permitted enclosure.

(C)   The owner and enclosure operator shall record all fox and coyote purchases, transfers, and releases into the hunting enclosures daily on a form provided by the department. These forms must be retained and made available for reasonable inquiry by department employees. No later than April fifteenth the owner and enclosure operator shall furnish the department all of the daily register forms for the permit period. It is unlawful for a person to fail to report to the department as required by this section.
Section 50-11-2630.   (A)   A commercial fur license permits a trapper to possess, sell, barter, or exchange live foxes or coyotes taken by the trapper. The possession, sale, barter, or exchange is lawful only during the trapping season and for thirty days following the closing date of the trapping season.

(B)   Live foxes or coyotes may be sold or transferred only to an owner or enclosure operator of a permitted enclosure by the trapper who took the animal.

(C)   A trapper shall maintain accurate records on a daily basis of all sales, purchases, transfers, or exchanges on the furbearer harvest


Printed Page 1040 . . . . . Tuesday, February 25, 2003

record forms provided by the department. These forms must be retained and made available for reasonable inquiry by department employees. A trapper shall furnish the department all of the daily forms and the fur harvest report for the previous year no later than April fifteenth. It is unlawful for a person to fail to report to the department as required by this section.

Section 50-11-2640.   (A)   It is unlawful to bring, import, or cause to have imported a live coyote or fox into this State, except those brought into the State and kept in captivity by permit from the department for exhibition purposes. It is unlawful to release a coyote in this State except as authorized by this title.

(B)   A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than one year. A conviction for a second offense occurring within five years of a first offense conviction is punishable by a fine of five thousand dollars or imprisonment for two years. For a second offense conviction within five years of the date of a first conviction, the enclosure and associated property is ineligible permanently for an enclosure permit.

(C)   A commercial fur license held by a person convicted of a second offense within five years of a first conviction must be suspended for five years.

Section 50-11-2650.   Except as otherwise provided, a person who violates a provision of this article is guilty of a misdemeanor and, upon conviction, must be:

(1)   for a first offense, fined not less than fifty dollars nor more than five hundred dollars or imprisoned not more than thirty days;

(2)   for a second offense within two years of a conviction for the first offense, fined five hundred dollars or imprisoned not more than thirty days; and

(3)   for a third or subsequent offense within two years of a conviction for the second offense, fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not more than six months."
SECTION   2.   The first paragraph of Section 50-11-710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Night hunting in this State is unlawful except that raccoons, opossums, foxes, coyotes, mink, and skunk may be hunted at night; however, they may not be hunted with artificial lights except when treed or cornered with dogs, or with buckshot or any shot larger than a


Printed Page 1041 . . . . . Tuesday, February 25, 2003

number four, or any rifle ammunition of larger than a twenty-two rimfire."
SECTION   3.   Section 50-11-1145 of the 1976 Code, as added by Act 353 of 2000, is amended to read:

"Section 50-11-1145.   Notwithstanding any other provision of law, and at any time during the year, the owner, lessee, or person in lawful possession of land whereon an enclosure for running rabbits with dogs has been erected may trap fox, wildcat, bobcat, wolf, coyote, skunk, raccoons, and any other predatory animal within the enclosure when using a cage-type trap that does not injure or kill the animal. No A pole-top trap, steel trap, foot-hold trap, rubber padded trap, body gripping trap, or trap that injures or kills an animal may not be used to remove predatory animals from an enclosure, and all predatory animals, except foxes and coyotes, trapped in a cage-type trap must be destroyed or immediately released back into the wild unharmed at another location outside of the enclosure. Foxes or coyotes trapped outside the trapping season must be immediately destroyed."
SECTION   4.   Section 50-11-1765 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-1765.   It is unlawful to sell live wolves or coyotes within the State or to ship or import live wolves or coyotes into this State, except for exhibition or scientific purposes upon the approval of the department as provided by in regulations promulgated by the department. It is unlawful to possess a live wolf or coyote in his possession without a permit issued by the department."
SECTION   5.   Section 50-11-2480(5) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(5)   a person who owns a an owner or enclosure operator of a permitted fox and coyote hunting enclosure and who is permitted annually by the department to purchase live foxes for release into his pen. The foxes must be obtained from a South Carolina licensed commercial trapper and may be obtained only if the foxes were taken lawfully in this State. Record of fox purchases or transfers must be reported annually on forms provided by the department purchases live foxes or coyotes for release into the enclosure."
SECTION   6.     Sections 50-11-1760 and 50-11-1770 of the 1976 Code are repealed.
SECTION   7.   This act takes effect upon approval by the Governor. /
Amend title to conform.


Printed Page 1042 . . . . . Tuesday, February 25, 2003

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

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

H. 3137--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3137 (Word version) -- Reps. Sinclair, Littlejohn, W. D. Smith, Weeks and J. E. Smith: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.

Rep. DELLENEY explained the Bill.

Reps. HOWARD, HINSON, BINGHAM, GOURDINE, J. H. NEAL, J. E. SMITH, UMPHLETT, PARKS, MILLER, OTT, BREELAND, MACK, GOVAN, J. BROWN, TOOLE and MERRILL requested debate on the Bill.

H. 3025--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3025 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 7-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESIDENTIAL ELECTORS DECLARING FOR A CANDIDATE, SO AS TO PROVIDE THAT AN ELECTOR IS DEEMED TO HAVE IRREVOCABLY VOTED FOR A CANDIDATE AT THE TIME HE DECLARES FOR A CANDIDATE AND TO DELETE INCONSISTENT PROVISIONS.

Rep. SIMRILL explained the Bill.

Reps. HOWARD, SCOTT, OTT, BREELAND, LLOYD, J. HINES, MACK, MOODY-LAWRENCE, MILLER, GOURDINE, J. E. SMITH and J. H. NEAL requested debate on the Bill.


Printed Page 1043 . . . . . Tuesday, February 25, 2003

H. 3165--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3165 (Word version) -- Reps. Harrison, Lucas, G. M. Smith, Cobb-Hunter, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-29 SO AS TO PROVIDE THAT A PERSON CONVICTED OF MURDER WHO WAS MENTALLY RETARDED AT THE TIME OF THE OFFENSE MUST NOT BE SENTENCED TO DEATH, BUT MUST BE SENTENCED TO LIFE IMPRISONMENT; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO PUNISHMENT FOR MURDER, SO AS TO DELETE MENTAL RETARDATION AS A MITIGATING CIRCUMSTANCE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11274AC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-29.   (A)   As used in this section:

(1)   'Mental Retardation' means a disability that originated before the age of eighteen and that is characterized by significant limitations both in intellectual functioning and in at least two or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work.

(2)   'Life imprisonment' means imprisonment until death.

(B)   Notwithstanding any other provision of law, a person convicted of murder pursuant to Section 16-3-20 who has been determined by the court to be a person with mental retardation at the time of the commission of the offense may not be sentenced to death but must be sentenced in accordance with this section.

(C)(1)   If the State files notice of intent to seek the death penalty, the court shall, upon request of the defendant or the prosecution, order that a pretrial hearing be held to determine if the defendant is a person with mental retardation. The defendant must give the State notice of the intent to raise the issue of defendant's mental retardation not less than thirty days prior to trial. The court shall consider the findings of court-appointed experts and consider the findings of any other expert and any other relevant evidence including, but not limited to, testimony


Printed Page 1044 . . . . . Tuesday, February 25, 2003

of lay witnesses offered by the State or the defense on the issue of whether the defendant has mental retardation. At least one of the experts testifying on the issue must be an experienced and trained clinician whose expertise is in the field of mental retardation and who is skilled in the administration and interpretation of psychometric (IQ) tests and in the assessment of adaptive behavior and the impact of intellectual impairment in an individual's life. The defense must establish mental retardation by a preponderance of the evidence and the court must make a finding as to the existence of mental retardation. No statement made by the defendant in the course of any evaluation provided for in this section, whether or not the defendant consents, may be admitted in evidence against the defendant in any criminal proceeding.

(2)   If the court determines the defendant to be a person with mental retardation, the court must declare the case noncapital and, upon conviction, the defendant must be sentenced to life imprisonment if a statutory aggravating circumstance is found pursuant to Section 16-3-20(C)(a) or thirty years if no aggravating circumstance is found.

(3)   If the court determines that the defendant is not a person with mental retardation, the case may proceed as a capital trial. The jury must not be informed of the prior proceedings or the judge's findings concerning the defendant's claim of mental retardation. If the jury returns a verdict of guilty, the parties are entitled to present evidence to the jury on the issue of whether the defendant has mental retardation if the issue was raised by the defendant prior to trial, proper notice was given, and a pretrial hearing was held on the issue. The jury must be asked to render a special verdict on the issue of mental retardation. The special verdict must ask the jury to answer the question: 'Do you unanimously find, beyond a reasonable doubt, that the defendant does not have mental retardation?' If the jury answers 'yes', the case must proceed to the sentencing phase. If the jury answers 'no', the defendant must be sentenced to life imprisonment if a statutory aggravating circumstance is found pursuant to Section 16-3-20(C)(a) or thirty years if no aggravating circumstance is found. The pretrial determination of the court does not preclude the defendant from offering evidence of diminished capacity as a mitigating circumstance pursuant to Section 16-3-20(C)(b)(6).

(E)   Within one hundred and twenty days after January 1, 2004, a defendant sentenced to death prior to January 1, 2004, may seek appropriate relief, pursuant to Chapter 27, Title 17, from the defendant's death sentence upon the ground that the defendant was a


Printed Page 1045 . . . . . Tuesday, February 25, 2003

person with mental retardation, as defined in this section, at the time of the commission of the offense. The court shall grant a prompt hearing on the request and determine the issues and make findings of fact with respect to the request pursuant to the provisions of this section. If the court finds by a preponderance of the evidence that the defendant was a person with mental retardation, the sentence of death must be vacated and the court shall impose a sentence of life imprisonment."
SECTION   2.   Section 16-3-20(C)(b) of the 1976 Code, as last amended by Act 488 of 1992, is further amended to read:

"(b)   Mitigating circumstances:

(1)   The defendant has no significant history of prior criminal conviction involving the use of violence against another person.

(2)   The murder was committed while the defendant was under the influence of mental or emotional disturbance.

(3)   The victim was a participant in the defendant's conduct or consented to the act.

(4)   The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.

(5)   The defendant acted under duress or under the domination of another person.

(6)   The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.

(7)   The age or mentality of the defendant at the time of the crime.

(8)   The defendant was provoked by the victim into committing the murder.

(9)   The defendant was below the age of eighteen at the time of the crime.

(10)   The defendant had mental retardation at the time of the crime. "Mental retardation" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

The statutory instructions as to statutory aggravating and mitigating circumstances must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death,


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after finding a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make the designation of the statutory aggravating circumstance or circumstances. Unless at least one of the statutory aggravating circumstances enumerated in this section is found, the death penalty must not be imposed.

Where a statutory aggravating circumstance is found and a recommendation of death is made, the trial judge shall sentence the defendant to death. The trial judge, before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the trial judge shall sentence the defendant to life imprisonment as provided in subsection (A). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances circumstance or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to either life imprisonment or a mandatory minimum term of imprisonment for thirty years. No person sentenced to life imprisonment or a mandatory minimum term of imprisonment for thirty years under this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. If the jury has found a statutory aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such the death penalty is not unanimous as provided. If members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such the jury and shall sentence the defendant to life imprisonment as provided in subsection (A)."
SECTION   3.   All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses


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committed on or after the effective date of this act, except as provided for in Section 16-3-29(E) of the 1976 Code, as added by Section 1 of this act.
SECTION   4.   This act takes effect on January 1, 2004./
Renumber sections to conform.
Amend title to conform.

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

Rep. LUCAS explained the Bill.

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

H. 3016--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3016 (Word version) -- Reps. Altman, Simrill, Coates and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-115 SO AS TO PROVIDE A FORFEITURE PROCEDURE WITH RESPECT TO CASH THAT IS CONFISCATED FROM A PERSON ARRESTED FOR A PROSTITUTION VIOLATION; AND TO AMEND SECTION 16-15-110, RELATING TO PENALTIES FOR PROSTITUTION VIOLATIONS, SO AS TO PROVIDE THAT CASH CONFISCATED PURSUANT TO AN ARREST FOR PROSTITUTION IS SUBJECT TO FORFEITURE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11275AC03), which was adopted:
Amend the bill, as and if amended, Section 16-16-115(D), page 2, line 20, by deleting /All/ and inserting /After payment of all costs of the seizure and forfeiture proceeding, all remaining/ and on page 2, line 20 by deleting /will/ and inserting /must/. So when amended, Section 16-15-115(D) reads:
/(D)   After payment of all costs of the seizure and forfeiture proceeding, all remaining cash forfeited must be deposited in the General Fund to be distributed as follows:

(1)   seventy-five percent to the law enforcement agency or agencies;


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(2)   twenty-five percent to the prosecuting agency./
Amend the bill further, Section 16-15-115, page 2, immediately after line 24 by inserting:
/(E)   The cash forfeited pursuant to this section is subject to all financial regulations of the host jurisdiction, including procurement, audit, and personnel costs./
Renumber sections to conform.
Amend title to conform.

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

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.

HOUSE RESOLUTION

The following was introduced:

H. 3682 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO RECOGNIZE MIKE GENOVA OF COLUMBIA FOR THIRTY YEARS OF OUTSTANDING COMMUNITY SERVICE BY TEACHING CHARACTER AND VALUES THROUGH KARATE AND BY PROVIDING ANTI-DRUG SEMINARS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3683 (Word version) -- Reps. Weeks, G. M. Smith and G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO TERRY KINARD OF SUMTER, A DOMINATE DEFENSIVE FORCE FOR THE CLEMSON UNIVERSITY TIGERS FROM 1978 UNTIL 1982 AND FOR THE NEW YORK GIANTS FOR SEVEN YEARS, ON HIS MANY ATHLETIC ACCOMPLISHMENTS, INCLUDING HIS


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MOST RECENT HONOR OF BEING INDUCTED INTO THE SOUTH CAROLINA ATHLETIC HALL OF FAME.

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

INTRODUCTION OF BILLS

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

H. 3684 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4495 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR PERSONS TO DISPLAY ON THEIR PERSONALLY OWNED VEHICLES CERTAIN COLORED LIGHTS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY FOR PERSONS WHO VIOLATE A PROVISION CONTAINED IN THIS SECTION.
Referred to Committee on Judiciary

H. 3685 (Word version) -- Reps. Quinn, Wilkins, Rice and Loftis: A BILL TO ENACT THE "SOUTH CAROLINA HEALTH AND HUMAN SERVICES REORGANIZATION AND ACCOUNTABILITY ACT OF 2003"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 30, TITLE 1 SO AS TO TRANSFER THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN FROM THE OFFICE OF THE GOVERNOR TO THE DEPARTMENT OF SOCIAL SERVICES, TO TRANSFER THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES AND THE DEPARTMENT OF MENTAL HEALTH TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO TRANSFER CERTAIN ALCOHOL AND DRUG TREATMENT FACILITIES OPERATED BY THE DEPARTMENT OF VOCATIONAL REHABILITATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO TRANSFER THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO THE DEPARTMENT OF VOCATIONAL REHABILITATION, TO RETAIN THE SOUTH CAROLINA MENTAL HEALTH COMMISSION AND THE SOUTH CAROLINA COMMISSION FOR THE BLIND AS ADVISORY BOARDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND TO PROVIDE TRANSFER AND TRANSITION


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PROVISIONS; TO ADD ARTICLE 5 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR HEALTH AND HUMAN SERVICES AGENCIES AND TO PROVIDE FOR ITS POWERS AND DUTIES, INCLUDING THE MANAGEMENT AND ADMINISTRATION FOR ALL INFORMATION TECHNOLOGIES ASSOCIATED WITH THESE AGENCIES; TO ADD CHAPTER 64 TO TITLE 2 SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON HEALTH AND HUMAN SERVICES AND TO PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, DUTIES, AND RESPONSIBILITIES INCLUDING, AMONG OTHER THINGS, REVIEWING THE STATE MEDICAID PLAN; TO ADD ARTICLE 8 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE OFFICE OF INSPECTOR GENERAL FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE THAT THE INSPECTOR GENERAL MUST BE APPOINTED BY AND UNDER THE DIRECTION OF THE JOINT LEGISLATIVE COMMITTEE ON HEALTH AND HUMAN SERVICES, AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE INSPECTOR GENERAL, INCLUDING CONDUCTING AUDITS, PREVENTING WASTE, AND PROMOTING ACCOUNTABILITY; TO ADD SECTION 12-2-100 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO PROVIDE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELECTRONIC ACCESS TO TAXPAYER INFORMATION TO USE IN DETERMINING MEDICAID ELIGIBILITY; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO PROVIDE NAMES AND IDENTIFYING INFORMATION ON THEIR INSUREDS TO BE USED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN DETERMINING MEDICAID ELIGIBILITY; TO ADD SECTION 44-6-75 SO AS TO PROVIDE FOR A MEDICAID COST CONTAINMENT ACTION PLAN FOR THE PROJECTED EXPENDITURES FOR THE STATE MEDICAID PROGRAM FOR THE NEXT FISCAL YEAR AND TO PROVIDE FOR THE CONTENTS OF THE PLAN AND FOR ALTERNATIVE MEASURES WHEN REVENUE IS NOT SUFFICIENT TO ADEQUATELY FUND THE MEDICAID PROGRAM; TO ESTABLISH THE SOUTH CAROLINA MEDICAID MANDATORY MANAGED CARE PILOT PROGRAM TO BE IMPLEMENTED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN CHARLESTON, FLORENCE, GREENVILLE, AND RICHLAND

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COUNTIES FOR FIVE YEARS TO ENROLL MEDICAID RECIPIENTS IN A HEALTH MAINTENANCE ORGANIZATION OR WITH PRIMARY CARE CASE MANAGEMENT PROVIDERS AND TO INCLUDE PROVISIONS TO ENSURE COMPETITION, ACCOUNTABILITY, AND ACTUARIAL SOUNDNESS; TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO IMPLEMENT A PILOT PROJECT TO EVALUATE THE VIABILITY OF PRIVATIZING THE MEDICAID ELIGIBILITY PROCESS; TO ADD SECTION 44-7-75 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CONTRACT FOR THE MANAGEMENT AND OPERATION OF CERTAIN NURSING HOMES FORMERLY UNDER THE DEPARTMENT OF MENTAL HEALTH; AND TO DESIGNATE SECTIONS 1-30-10 THROUGH 1-30-120 AS ARTICLE 1, CHAPTER 30, TITLE 1 AND NAMED "DEPARTMENTS OF STATE GOVERNMENT".
Referred to Committee on Ways and Means

H. 3686 (Word version) -- Reps. Walker and Taylor: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".
Referred to Committee on Education and Public Works

Rep. ALTMAN 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. 3663 (Word version) -- Reps. Vaughn, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport,


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Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. JERRY HOWARD BRIDGERS OF GREER ON BEING CHOSEN TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.

H. 3665 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE COACH AND MEMBERS OF THE W. WYMAN KING ACADEMY "LADY KNIGHTS" VOLLEYBALL TEAM OF BATESBURG ON CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE ON FRIDAY, OCTOBER 25, 2002, AND SATURDAY, OCTOBER 26, 2002.

H. 3676 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE BRIGADIER GENERAL CHARLES E. SAVAGE, SOUTH CAROLINA AIR NATIONAL GUARD, FOR HIS OUTSTANDING LEADERSHIP AND MANY PERSONAL ACCOMPLISHMENTS OVER A LONG AND DISTINGUISHED MILITARY CAREER, TO EXPRESS HEARTFELT APPRECIATION FOR HIS SERVICE AND SACRIFICE IN PEACE AND WAR, AND ON THE OCCASION OF HIS RETIREMENT FROM MILITARY SERVICE, TO WISH HIM AND HIS FAMILY EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.


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ADJOURNMENT

At 1:15 p.m. the House, in accordance with the motion of Rep. RICHARDSON, adjourned in memory of Shirley "Sam" McDonald, former mayor of Tega Cay, to meet at 10:00 a.m. tomorrow.

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