Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. COATES as follows:

We thank You, Lord God, for this new day and its beauty, for work to do and strength with which to do it. Grant us the serenity to accept things that cannot be changed and the determination to change things that ought to be changed. Give us a hope that never changes to despair, the loyalty to the best that never diminishes. Arm our will with Your strength. Keep us steadfast in our discipleship. Grant to us at evening the deep contentment of work completed and duty done in service to our God and to our fellowmen. Amen.

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

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

Rep. HAYES moved that when the House adjourns, it adjourn in memory of Robert M. Tallon, Sr. of Dillon, father of former Congressman Robert M. Tallon, Jr., which was agreed to.

The following was introduced:

H. 3655 (Word version) -- Reps. R. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Bingham, Breeland, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Easterday, Emory, Freeman, Frye, Gilham, Govan, Harrell, Haskins, J. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Knotts, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, Ott, Owens, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G. M. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Townsend, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, Wilder

The following was introduced:

H. 3656 (Word version) -- Reps. J. Young, G. Brown, J. H. Neal, G. M. Smith and Weeks: A HOUSE RESOLUTION TO EXPRESS PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF JOHN MCLEOD STOCKBRIDGE OF SUMTER AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

The Resolution was adopted.

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

H. 3657 (Word version) -- Reps. Cato, Robinson, Bingham, G. Brown, Campsen, Edge, Harrison, Jennings, Kelley, Kirsh, Lourie, Miller, Quinn, Rhoad, Rodgers, J. E. Smith, Tripp, Weeks and Whipper: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO DELETE GIFT CERTIFICATES FROM THE DEFINITION OF "INTANGIBLE PROPERTY"; TO AMEND SECTION 27-18-150, RELATING TO GIFT CERTIFICATES AND CREDIT MEMOS BEING PRESUMED ABANDONED WHEN NOT CLAIMED WITHIN FIVE YEARS, SO AS TO REMOVE GIFT CERTIFICATES FROM THIS PRESUMPTION OF BEING ABANDONED; AND TO ADD SECTION 27-18-175 SO AS TO PROVIDE THAT THE

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Delleney
Easterday              Emory                  Fleming
Freeman                Frye                   Gourdine
Govan                  Hamilton               Harrell
Harrison               Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Jennings               Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.M.             Ott
Owens                  Parks                  Perry
Quinn                  Rice                   Riser
Rivers                 Robinson               Rodgers
Sandifer               Scarborough            Scott
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley

Whipper                White                  Wilder
Wilkins                Witherspoon            Young, J.

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

Tracy Edge                        Thomas Rhoad
Michael Thompson                  Annette Young
Todd Rutherford                   Ralph Davenport
Lanny Littlejohn                  Thomas Keegan
Bill Cotty                        Fletcher Smith

The SPEAKER granted Rep. SHEHEEN a leave of absence for the day due to illness.

The SPEAKER granted Rep. GILHAM a leave of absence for the day as a result of an injury from a fall.

The SPEAKER granted Rep. EDGE a leave of absence for the day to meet with the Congressional Delegation in Washington, D.C.

Announcement was made that Dr. Hal Shaw of Greenville is the Doctor of the Day for the General Assembly.

Rep. WILKINS and the Orangeburg Delegation presented to the House Dr. Randolph D. Smoak, Jr. of Orangeburg, the current President of the American Medical Association.

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."

Bill Number:   H. 3435 (Word version)
Date:   ADD:
03/01/01   ROBINSON

Bill Number:   H. 3309 (Word version)
Date:   ADD:
03/01/01   MCLEOD

Bill Number:   H. 3100 (Word version)
Date:   ADD:
03/01/01   LOURIE

Bill Number:   H. 3515 (Word version)
Date:   ADD:
03/01/01   SINCLAIR

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

H. 3379 (Word version) -- Rep. J. Brown: A JOINT RESOLUTION TO ESTABLISH THE NEWBORN EYE SCREENING TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING SCREENING NEWBORN CHILDREN FOR CERTAIN OCULAR DISEASES AND ABNORMALITIES.

H. 3174 (Word version) -- Reps. Wilkins, Coates, Davenport, Vaughn, Whatley, Simrill, Altman, Robinson, Owens, Gilham and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH "SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK" EACH YEAR TO RECOGNIZE AND BRING ATTENTION TO THE MANY FAMILIES IN SOUTH CAROLINA WHO EDUCATE THEIR CHILDREN AT HOME AS PROVIDED BY LAW, AND TO PROVIDE THAT ALL HOME SCHOOL STUDENTS IN THIS STATE AND THEIR PARENTS, GUARDIANS, AND TEACHERS SHALL BE ADMITTED WITHOUT CHARGE TO ALL PARKS, MUSEUMS, SCIENCE CENTERS, PLANETARIUMS, AND EDUCATIONAL FACILITIES OWNED BY OR UNDER THE CONTROL OF ANY STATE AGENCY, DEPARTMENT, OR INSTITUTION WHICH CHARGES A FEE FOR ADMISSION IN ORDER TO FURTHER THE EDUCATIONAL OPPORTUNITIES OF HOME SCHOOL STUDENTS.

H. 3616 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO OFFICIAL IDENTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3617 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF

H. 3625 (Word version) -- Reps. Easterday, Tripp, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, Vaughn and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY STUDENTS OF HILLCREST HIGH SCHOOL OF THE GREENVILLE COUNTY SCHOOL DISTRICT ON NOVEMBER 20, 2000, AND NOVEMBER 21, 2000, BECAUSE OF POOR AIR QUALITY AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3634 (Word version) -- Reps. Snow, Knotts, Allison, Altman, Askins, Bales, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, 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, Klauber, Koon, Law, Leach, 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, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-689 SO AS TO PROVIDE THAT BEACH MUSIC IS DESIGNATED AS THE OFFICIAL STATE POPULAR MUSIC OF SOUTH CAROLINA.

H. 3146 (Word version) -- Reps. Lourie, J. E. Smith, Freeman, Neilson, Robinson, Webb, Mack, Cotty, Talley, Littlejohn, Simrill, J. Hines, J. M. Neal, Emory, Bales, Miller, Campsen, Altman, Whatley, Lloyd, Bowers,

The following Bill was taken up:

H. 3100 (Word version) -- Reps. Simrill and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-740 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO REPAIRS A MOTOR VEHICLE WHOSE INFLATABLE RESTRAINT SYSTEM HAS BEEN DAMAGED OR DEPLOYED TO FAIL TO REPAIR OR REPLACE THE SYSTEM SO THAT IT IS FULLY OPERATIONAL, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. SCOTT requested debate on the Bill.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22853CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   The 1976 Code is amended by adding:

"Section 16-17-750.   A person who knowingly and wilfully replaces a motor vehicle's inflatable restraint system with an object which is not designed in accordance with federal safety regulations is guilty of a:

(1)   misdemeanor and must be imprisoned not more than three years, or fined not more than five thousand dollars, or both; or

(2)   felony if a person's serious bodily injury is attributable to the object, and must be imprisoned for ten years, or fined not more than ten thousand dollars, or both."

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

Rep. SIMRILL proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22877CM01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   The 1976 Code is amended by adding:

"Section 16-17-750.   A person who knowingly and wilfully replaces a motor vehicle's restraint system with an object which is not designed in accordance with federal safety regulations, or a person who knowingly and wilfully misrepresents that, during the repair of a motor vehicle, an air bag, designed in accordance with federal safety regulations as a part of a vehicle inflatable restraint system, was installed or reinstalled is guilty of a:

(1)   misdemeanor and must be imprisoned not more than three years, or fined not more than five thousand dollars, or both; or

(2)   felony if a person's serious bodily injury is attributable to the object or misrepresentation, and must be imprisoned for ten years, or fined not more than ten thousand dollars, or both."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. SIMRILL explained the amendment.

Rep. RUTHERFORD requested debate on the Bill.

Rep. LOFTIS spoke against the amendment.

Reps. LOFTIS, J. BROWN and OTT requested debate on the Bill.

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

H. 3492 (Word version) -- Reps. White, Barrett, Chellis, Cooper, Emory, Hayes, Keegan, Klauber, Law, Martin, McGee, J. M. Neal, Ott, Rice, Taylor, Thompson, Townsend, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS LICENSES TO PERSONS CONVICTED OF A FIRST OFFENSE OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING ALCOHOL, DRUGS, OR NARCOTICS, SO AS TO INCREASE THE FEE AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST USE THE ADDITIONAL REVENUES FOR HIRING AND TRAINING ADDITIONAL MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

Rep. HARRISON explained the Bill.

H. 3451 (Word version) -- Reps. Robinson, Harvin, McCraw, Quinn, Cooper, Keegan, Carnell, Kirsh, Clyburn, Jennings, Koon, Cobb-Hunter, Rice, Riser, A. Young, Allison, Littlejohn, Kennedy, Limehouse, J. R. Smith, Tripp and Leach: A BILL TO AMEND TITLE 56, CHAPTER 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENTAL OF PRIVATE PASSENGER AUTOMOBILES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO RENTAL VEHICLES, AND TO DEFINE RENTAL VEHICLES FOR THIS PURPOSE.

Rep. CHELLIS explained the Bill.

H. 3263 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE

Rep. CATO explained the Bill.

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3492 (Word version) be read the third time tomorrow.

On motion of Rep. CHELLIS, with unanimous consent, it was ordered that H. 3451 (Word version) be read the third time tomorrow.

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3263 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3309 (Word version) -- Reps. Cobb-Hunter and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.

Rep. WHATLEY 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.

The following Bill was taken up:

H. 3425 (Word version) -- Reps. Knotts, Rhoad, Whatley and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-202 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986, TO ADOPT THIS FEDERAL LAW AS THE LAW OF THIS STATE, AND TO PROVIDE FOR AN EXCEPTION.

Rep. KENNEDY 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.

The following Bill was taken up:

H. 3439 (Word version) -- Reps. Wilkins, Cato and White: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY, SO AS TO PROVIDE THAT A PERSON MAY NOT BE APPOINTED OR CONTINUE TO SERVE ON THE BOARD, WHO IS OR BECOMES A MEMBER, ASSOCIATE, REPRESENTATIVE, OR EMPLOYEE OF A LABOR UNION IF THE PRINCIPAL ACTIVITIES OF THE UNION ARE PORTS-RELATED.

Rep. LAW explained the Bill.

Rep. SCOTT 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.

The following Bill was taken up:

H. 3141 (Word version) -- Reps. Wilkins, Harrison, Delleney, Sandifer, Whatley, Simrill, Walker, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN

Reps. FLEMING, HARRISON and J. R. SMITH requested debate on the Bill.

Rep. SCOTT 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.

The following Bill was taken up:

H. 3160 (Word version) -- Reps. Lee and Whipper: A BILL TO AMEND SECTIONS 15-27-155 AND 17-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22878CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 17-1-50 of the 1976 Code, as added by Act 390 of 1998, is amended to read:

"Section 17-1-50.   (A)   As used in this section:

(1)   'Non-English speaking person' means a principal party in interest or a witness participating in a legal proceeding who has limited ability to speak or understand the English language.

(2)   'Principal party in interest' means a person involved in a legal proceeding who is a named party, or who is bound by the decision or action, or who is foreclosed from pursuing his rights by the decision or action which is taken during the proceeding.

(3)   'Legal proceeding' means a proceeding in which a non-English speaking person is a principal party in interest or a witness.

(4)   'Witness' means a person who testifies in a legal proceeding.

(5)   'Appointing authority' means a trial judge, administrative hearing officer, or another officer authorized by law to conduct a judicial or quasi-judicial proceeding.

(6)   'Qualified interpreter' means a person who:

(a)   is eighteen years of age or older;

(b)     is not a family member of the principal party in interest or a witness;

(c)   is not a person confined to an institution;

(d)   has education, training, or experience that enables him to speak English and a foreign language fluently, and is readily able to interpret simultaneously and consecutively and to sight translate documents from English into the language of a non-English speaking person, or from the language of that person into spoken English.

(7)   'Certified interpreter' means an interpreter who meets the standards contained in subitem (A)(6) and is certified by the administrative office of the United States courts, by the office of the administrator for the state courts, or by a nationally recognized professional organization.

(B)   A "qualified interpreter" means a person who:

(1)   is eighteen years of age or older;

(2)   is not a family member of the party or witness;

(3)   is an instructor of foreign language at an institution of education; or

(4)   has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person.
An "interpreter" shall not be a person confined to an institution.

Notwithstanding any other provision of law, whenever a principal party in interest or witness to a criminal legal proceeding does not sufficiently understand or speak the English language to comprehend the proceeding or testify, the court appointing authority must appoint a certified or otherwise qualified interpreter to interpret the proceedings to the principal party in interest and the testimony of the party or witness. However, the court appointing authority may waive the use of a certified or otherwise qualified interpreter if the court appointing authority finds that it is not necessary for the fulfillment of justice. The court appointing authority must first make a finding on the record that the waiver of a certified or otherwise qualified interpreter is requested by a non-English speaking witness or party to a proceeding, and the

(C)   The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the interpreting services, which must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly.

(D)   The Division of Court Administration shall appoint a Court Interpreters Advisory Panel which must be comprised of judges, attorneys, court personnel, court interpreters, and experts in the field of linguistics which shall assist the State Supreme Court and the Division of Court Administration in developing policies that include a code of professional responsibility for interpreters, interpreter training, continuing education, and recruitment of interpreters.

(E)   The Division of Court Administration shall maintain a centralized list of certified or otherwise qualified interpreters to interpret the proceedings to the principal party in interest and testimony of a party or witness. A principal party in interest or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B) subitem (A)(6) and submits a sworn affidavit to the court specifying his qualifications or submits to a voir dire by the appointing authority."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. MCGEE, with unanimous consent, it was ordered that H. 3160 (Word version) be read the third time tomorrow.

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

H. 3131 (Word version) -- Reps. Rodgers and Whipper: A BILL TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.

The following Bill was taken up:

H. 3144 (Word version) -- Reps. Wilkins, W. D. Smith, Vaughn, Delleney, Walker, Merrill, Cotty, Thompson, Edge, Simrill and McLeod: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE

Rep. HARRISON proposed the following Amendment No. 30 (Doc Name COUNCIL\PT\AMEND\1257DW01), which was adopted:
Amend the bill, as and if amended, page 19, by striking SECTION 34 and inserting:
/ SECTION   34.   The 1976 Code is amended by adding:

"Section 8-13-1373.   If the Attorney General, after request by the State or any of its political subdivisions refuses to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board, using funds appropriated

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

The Bill, as amended, was read the third time and ordered sent to the Senate.

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

The Senate returned to the House with concurrence the following:

H. 3637 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO RECOGNIZE MAJOR GENERAL ARNOLD FIELDS FOR HIS HONORABLE AND OUTSTANDING MILITARY CAREER IN THE UNITED STATES MARINE CORPS AND COMMEND HIM FOR THE MANY DECORATIONS HE HAS EARNED OVER THE PAST THIRTY-TWO YEARS AND FOR HIS CONTINUING LOYAL AND DEDICATED SERVICE TO OUR COUNTRY.

At 11:05 a.m. the House, in accordance with the motion of Rep. HAYES, adjourned in memory of Robert M. Tallon, Sr. of Dillon, father of former Congressman Robert M. Tallon, Jr., to meet at 10:00 a.m. tomorrow.

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