Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. COTTY as follows:
God of all wisdom, from the limitations of our sufficiency, we turn in our need to You. Enable us with the light of Your wisdom and the strength of Your might. We pray for light enough to walk nobly through this day, for ability to carry heavy burdens, for uncompromising courage to stand for what is right, for eyes to see Your way and wills to follow that way. Help us to fill fast fleeting hours with mighty deeds that we fail neither our fellowmen nor our God. Lord, we ask for special help today for our friend and colleague, Denny Neilson, injured last week in an accident. Please give Your strength and guidance to her loving family. Lord, in Your mercy, 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.
Rep. COTTY moved that when the House adjourns, it adjourn in memory of Bernard Jonas, which was agreed to.
The House stood in silent prayer for the recovery of Representative Denny Neilson who was in an automobile accident on Thursday, February 8.
Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:
H. 3516 (Word version) -- Rep. Altman: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
On motion of Rep. W. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 3522 (Word version) -- Rep. W. D. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 13, 2001.
Be it resolved by the House of Representatives:
That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 13, 2001.
The Resolution was adopted.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 3523 (Word version) -- Rep. Delleney: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LEWISVILLE HIGH SCHOOL CHEERLEADERS AND THEIR COACH, DEBBIE ROGERS, ON WEDNESDAY, FEBRUARY 28, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON WINNING THE CLASS A/AA STATE CHEERLEADING CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives extend the privilege of the floor to the Lewisville High School cheerleaders and their coach, Debbie Rogers, on Wednesday, February 28, 2001, at a time to be determined by the Speaker, for the purpose of congratulating them on winning the Class A/AA State Cheerleading Championship.
The Resolution was adopted.
The following was introduced:
H. 3524 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEWISVILLE HIGH SCHOOL CHEERLEADERS FOR OVERCOMING SEVERAL ADVERSITIES TO WIN THE SOUTH CAROLINA CHEERLEADER COACHES ASSOCIATION CLASS A/AA STATE CHEERLEADING CHAMPIONSHIP ON DECEMBER 15, 2000.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3525 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO COMMEND ISRAEL BROOKS, JR., FOR HIS SERVICE AS UNITED STATES MARSHAL FOR THE DISTRICT OF SOUTH CAROLINA AND TO RECOGNIZE HIS MANY ACHIEVEMENTS DURING A DISTINGUISHED LAW ENFORCEMENT CAREER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3526 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO CONGRATULATE DEBBIE ROGERS ON HER SUCCESS AS THE COACH OF THE LEWISVILLE HIGH SCHOOL CHEERLEADERS, WHO WON THE SOUTH CAROLINA CHEERLEADER COACHES ASSOCIATION CLASS A/AA STATE CHEERLEADING CHAMPIONSHIP ON DECEMBER 15, 2000, AND TO WISH HER WELL IN HER CONTINUING BATTLE WITH CANCER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3527 (Word version) -- Reps. Sharpe and Rhoad: A CONCURRENT RESOLUTION URGING THE UNITED STATES CONGRESS TO ENACT THE SOUTHERN DAIRY COMPACT AND SPECIFICALLY URGING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO LEAD THE EFFORT IN BRINGING THIS COMPACT BEFORE CONGRESS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 308 (Word version) -- Senators Rankin, Elliott, McGill, Ravenel, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO NAME THE TELECOMMUNICATIONS CENTER AND PATROL OFFICE IN CONWAY, SOUTH CAROLINA ON U.S. HIGHWAY 701 NORTH IN MEMORY OF SERGEANT MAURO ANDREUCCI OF THE SOUTH CAROLINA HIGHWAY PATROL, AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 309 (Word version) -- Senators Rankin, Elliott, McGill, Ravenel, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF S.C. HIGHWAY 544 FROM U.S. HIGHWAY 501 NEAR CONWAY TO THE U.S. HIGHWAY 17 BYPASS AS THE "CORPORAL DENNIS LYDEN MEMORIAL HIGHWAY" IN MEMORY OF CORPORAL DENNIS LYDEN OF THE HORRY COUNTY POLICE DEPARTMENT WHO WAS KILLED IN THE LINE OF DUTY ON JUNE 5, 2000, WHILE SERVING HIS COUNTY AND STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3528 (Word version) -- Reps. Harrison, Wilkins and Fleming: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
Referred to Committee on Judiciary
H. 3529 (Word version) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.
Referred to Committee on Education and Public Works
H. 3530 (Word version) -- Reps. Moody-Lawrence, R. Brown, Breeland, J. Brown, Lloyd, Govan, Whipper, Lee, Allen, Clyburn, Cobb-Hunter, Jennings, Kennedy, Lourie, Mack, J. H. Neal, Parks, Rutherford, Scott, Simrill, F. N. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-510 SO AS TO PROVIDE THAT UNDER THE EDUCATION ACCOUNTABILITY ACT TEST PERFORMANCE SHALL NOT BE THE SOLE DETERMINATE IN DECISIONS REGARDING PROMOTION, RETENTION, OR GROUPING OF STUDENTS OR THE PERFORMANCE OF SCHOOLS, AND TO PROVIDE FOR THE MANNER IN WHICH STANDARDIZED TESTS MAY BE CONSIDERED FOR THESE DECISION-MAKING PURPOSES.
Referred to Committee on Education and Public Works
H. 3531 (Word version) -- Reps. Moody-Lawrence, R. Brown, Breeland, J. Brown, Lloyd, Govan, Allen, Jennings, Kennedy, Lourie, Mack, Martin, Miller, J. H. Neal, Rutherford, Scott, F. N. Smith, Townsend, Weeks, Whipper and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-520 SO AS TO PROVIDE THAT IN ALLOCATING THE USE OF ADDITIONAL FUNDING TO ASSIST UNDER-PERFORMING STUDENTS AS DETERMINED UNDER THE EDUCATION ACCOUNTABILITY ACT, SCHOOL DISTRICTS MUST ALLOCATE AT LEAST TWENTY-FIVE PERCENT OF THESE FUNDS TO INFRASTRUCTURE RESOURCES DESIGNED TO HELP THESE STUDENTS INCLUDING, BUT NOT LIMITED TO, INVESTMENTS IN NEW OR UPGRADED COMPUTERS, COMPUTER SOFTWARE, AND ACCESS TO ELECTRONIC OR AUDIO VISUAL PROGRAMS.
Referred to Committee on Education and Public Works
H. 3532 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTIONS 4-10-20, AS AMENDED, 4-10-350, AS AMENDED, 4-10-580, AND 4-37-30, AS AMENDED, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND TO MAKE THIS EXEMPTION APPLY PROSPECTIVELY.
Referred to Committee on Ways and Means
H. 3533 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION'S ANNUAL REPORT UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO FURTHER PROVIDE FOR THAT INFORMATION WHICH MUST BE SUBMITTED BY TWO-YEAR AND FOUR-YEAR POST-SECONDARY INSTITUTIONS FOR INCLUSION IN THE REPORT.
Referred to Committee on Education and Public Works
H. 3534 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS.
Referred to Committee on Education and Public Works
H. 3535 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-18-1930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S REVIEW OF STATE AND LOCAL PROFESSIONAL DEVELOPMENT STANDARDS AND RECOMMENDATIONS FOR IMPROVEMENT IN THE STANDARDS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ACCOUNTABILITY SYSTEM TO ENSURE THAT THESE RECOMMENDATIONS FOR IMPROVEMENT ARE IMPLEMENTED, AND PROVIDE FOR THE MANNER OF IMPLEMENTATION.
Referred to Committee on Education and Public Works
H. 3536 (Word version) -- Rep. Bowers: A JOINT RESOLUTION TO PROVIDE THAT BEFORE THE SOUTH CAROLINA STATE PORTS AUTHORITY MAY EXPAND ITS TERMINAL FACILITIES OR ESTABLISH A NEW TERMINAL FACILITY, THE PLAN OF EXPANSION INCLUDING THE TERMINAL FACILITY LOCATION, ITS FINANCING, AND HOW THAT EXPANSION OR ADDITION INTERACTS WITH EXISTING FACILITIES IN AN OVERALL MASTER PLAN MUST BE SUBMITTED BY THE PORTS AUTHORITY BOARD TO THE GENERAL ASSEMBLY AND THEN APPROVED BY JOINT RESOLUTION OF THE GENERAL ASSEMBLY.
Rep. BOWERS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. A. YOUNG objected.
Referred to Committee on Ways and Means
H. 3537 (Word version) -- Reps. M. Hines, Askins, Breeland, G. Brown, J. Brown, Gourdine, Hayes, J. Hines, Hosey, Lloyd, Mack and Rutherford: A BILL TO AMEND CHAPTER 5, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMEDIES UNDER THE UNIFORM CONSUMER PROTECTION CODE, BY ADDING SECTION 37-5-116 SO AS TO PROVIDE THAT IN EVERY SALE OF A USED MOTOR VEHICLE TO A CONSUMER THERE IS AN IMPLIED WARRANTY THAT THE VEHICLE IS FIT FOR THE PURPOSE OF PROVIDING REASONABLY RELIABLE AND SAFE TRANSPORTATION TO THE CONSUMER AND THAT A PERSON ENGAGED IN THE BUSINESS OF SELLING USED MOTOR VEHICLES WHO SELLS A VEHICLE "AS IS" MAY NOT DISCLAIM THE IMPLIED WARRANTY THAT A MOTOR VEHICLE OFFERED FOR SALE OR SOLD TO A CONSUMER IS FIT FOR THE PURPOSE OF PROVIDING REASONABLY RELIABLE AND SAFE TRANSPORTATION TO THE CONSUMER, TO PROVIDE FOR DISCLAIMING THE IMPLIED WARRANTY, DEFECTS, AND CONDITIONS IN WRITING BEFORE THE SALE OF THE USED MOTOR VEHICLE, TO PROVIDE THAT A PERSON ENGAGED IN THE BUSINESS OF SELLING USED MOTOR VEHICLES IS LIABLE TO A CONSUMER WHO PURCHASES THE VEHICLE FOR ACTUAL DAMAGES ARISING FROM ANY BREACH OF THE IMPLIED WARRANTY THAT THE USED VEHICLE IS FIT FOR THE PURPOSE OF PROVIDING REASONABLY RELIABLE AND SAFE TRANSPORTATION AS WELL AS FOR ACTUAL AND PUNITIVE DAMAGES RESULTING FROM ANY MISREPRESENTATION, NONDISCLOSURE, OR THE PRACTICE OF ANY DECEPTION RELATING TO DEFECTS, CONDITIONS, AND FITNESS OF THE USED MOTOR VEHICLE FOR THE PURPOSE OF PROVIDING REASONABLY RELIABLE AND SAFE TRANSPORTATION.
Referred to Committee on Labor, Commerce and Industry
H. 3538 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-49-60 SO AS TO PROVIDE THAT A PERSON WHO IS REFERRED TO AS A SEX OFFENDER IS NOT ALLOWED TO CHANGE HIS NAME UNLESS THE CHANGE IS INCIDENT TO A CHANGE IN HIS MARITAL STATUS, OR IS NECESSARY TO EFFECT THE EXERCISE OF HIS RELIGION, AND TO PROVIDE THAT THE NAME CHANGE MUST BE REPORTED TO THE SHERIFF IN THE COUNTY IN WHICH HE RESIDES WITHIN A CERTAIN PERIOD OF TIME.
Referred to Committee on Judiciary
H. 3539 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND CHAPTER 16, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME, SO AS TO ENACT THE "COMPUTER ABUSE ACT OF 2001", BY ADDING SECTION 16-16-25 SO AS TO PROVIDE A CIVIL REMEDY OF COMPENSATORY DAMAGES AND RESTITUTION FOR THE OWNER OR LESSEE OF A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK INJURED BY A PERSON CONVICTED UNDER THIS CHAPTER; TO AMEND SECTION 16-16-10, RELATING TO DEFINITIONS, SO AS TO ADD A DEFINITION FOR "COMPUTER CONTAMINANT" AND TO REVISE OTHER DEFINITIONS; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIME OFFENSES, SO AS TO ADD THE OFFENSE OF INTRODUCING COMPUTER CONTAMINANT INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK; TO AMEND SECTION 16-16-30, RELATING TO VENUE FOR ACTIONS BROUGHT UNDER THE COMPUTER CRIMES CHAPTER, SO AS TO MAKE TECHNICAL CORRECTIONS.
Referred to Committee on Judiciary
H. 3540 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING AND PENALTIES FOR LITTERING, SO AS TO PROVIDE THAT A PERSON WHO WITNESSES LITTERING MAY SWEAR OUT A WARRANT IN THE APPROPRIATE COURT TO INITIATE PROSECUTION OF THE OFFENDER.
Referred to Committee on Judiciary
H. 3541 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO CERTAIN MINORS BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE RESTRICTIONS CONTAINED IN THIS DRIVER'S LICENSE MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT IF THE RESTRICTED LICENSEE PROVES THAT THE RESTRICTION INTERFERES WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND CHURCH RELATED EVENTS.
Referred to Committee on Education and Public Works
S. 112 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL CLOSE PERMANENTLY THE SOUTHERN ACCESS OF ROAD 43-506 AT THE POINT WHERE IT INTERSECTS WITH ROAD 43-251 IN SUMTER COUNTY.
Referred to Committee on Education and Public Works
S. 295 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO CHANGE THE FILING DEADLINES TO BE CONSISTENT WITH STATE LAW AND TO CORRECT REFERENCES TO THE REGISTRATION AND ELECTIONS COMMISSION FOR PICKENS COUNTY.
Referred to Pickens Delegation
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 Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, February 13.
Chip Huggins Daniel Tripp Harry Askins John Riser Alex Harvin Larry Koon Fletcher Smith
LEAVE OF ABSENCE
The SPEAKER granted Rep. NEILSON a leave of absence for the week due to a car accident.
Announcement was made that Dr. J. Rutledge Lawson of Greenville is the Doctor of the Day for the General Assembly.
Rep. OTT presented to the House James and Catherine Mack for making a perfect score on their SAT tests, and their parents.
Rep. VAUGHN presented to the House former Representative T. W. Edwards of Spartanburg for his service to the State.
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. 3462 (Word version)
Date: ADD:
02/13/01 THOMPSON
Bill Number: H. 3418 (Word version)
Date: ADD:
02/13/01 WILKINS
Bill Number: H. 3418 (Word version)
Date: ADD:
02/13/01 CATO
Bill Number: H. 3418 (Word version)
Date: ADD:
02/13/01 SHARPE
Bill Number: H. 3418 (Word version)
Date: ADD:
02/13/01 TOWNSEND
Bill Number: H. 3418 (Word version)
Date: ADD:
02/13/01 ROBINSON
Bill Number: H. 3418 (Word version)
Date: ADD:
02/13/01 MARTIN
Bill Number: H. 3419 (Word version)
Date: ADD:
02/13/01 WILKINS
Bill Number: H. 3419 (Word version)
Date: ADD:
02/13/01 CATO
Bill Number: H. 3419 (Word version)
Date: ADD:
02/13/01 SHARPE
Bill Number: H. 3419 (Word version)
Date: ADD:
02/13/01 TOWNSEND
Bill Number: H. 3419 (Word version)
Date: ADD:
02/13/01 ROBINSON
Bill Number: H. 3419 (Word version)
Date: ADD:
02/13/01 KOON
Bill Number: H. 3419 (Word version)
Date: ADD:
02/13/01 MARTIN
Bill Number: H. 3171 (Word version)
Date: ADD:
02/13/01 TROTTER
The following Bill was taken up:
S. 214 (Word version) -- Senators Reese, Hawkins and Ritchie: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY SO AS TO INCREASE THE NUMBER OF COMMISSIONERS SERVING ON THE INMAN-CAMPOBELLO WATER DISTRICT COMMISSION FROM THREE TO FIVE.
Rep. WALKER proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1193DW01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 2 of Act 939 of 1954 is amended to read:
"Section 2. Such The district shall must be operated and managed by a commission to be known as 'Inman-Campobello Water District Commission'. The commission shall consist of three five resident electors of the district, who shall must be appointed by the Governor, upon the recommendation of a majority of the Legislative Delegation of Spartanburg County, including the Senator. The original appointments shall be are for a term of two years for one appointee, for four years for the second appointee, and for six years for the third appointee, and in all cases those persons holding office shall continue to hold office until their successors shall have been appointed and have qualified. The initial terms of office shall begin as of the effective date of this act, notwithstanding that this may effect a lessening of the duration of the terms of office of the initial members of the commission. Upon the termination of office of any commissioner, a successor shall must be appointed by the Governor, upon the recommendation of a majority of the Legislative Delegation of Spartanburg County, including the Senator, for a term of six years. Any vacancy occurring in the office of commissioner by reason of death, resignation, or otherwise, shall must be filled for the remainder of the unexpired term by appointment of the Governor, upon the recommendation of a majority of the Legislative Delegation of Spartanburg County, including the Senator."
SECTION 2. The two additional commissioners added pursuant to the provisions of SECTION 1 of this act are appointed so that the term of one commissioner shall expire in 2003 and the term of the other commissioner shall expire in 2005. After the expiration of the initial terms of these two additional commissioners, each must be appointed for a term of six years.
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. EDGE moved to adjourn debate upon the following Bill until Wednesday, February 14, which was adopted:
H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3477 (Word version) -- Reps. Vaughn, Tripp, Hamilton, Easterday, Leach, Haskins, Wilkins and Cato: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE FOR WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
H. 3124 (Word version) -- Reps. Emory, Clyburn, Whipper and Robinson: A BILL TO AMEND SECTION 40-35-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO ALLOW ISSUANCE OF A LICENSE BASED ON A COMBINATION OF EDUCATION AND EXPERIENCE AS ESTABLISHED IN REGULATION BY THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.
Rep. BINGHAM explained the Bill.
S. 115 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-21-2734, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LICENSES TO OPERATE CERTAIN AMUSEMENTS, SO AS TO ESTABLISH AN OPTION TO PURCHASE AN EIGHT-MONTH LICENSE IN LIEU OF A TWENTY-FOUR MONTH OR A SIX-MONTH LICENSE.
Rep. LAW explained the Bill.
H. 3237 (Word version) -- Reps. Witherspoon, Frye and Littlejohn: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON CERTAIN TROTLINES AFTER JUNE 30, 2001, ON THE EDISTO, BLACK, SAMPIT, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, AND TO ALSO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON TROTLINES AFTER JUNE 30, 2001, ON THE BLACK, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS.
Rep. SHARPE explained the Bill.
The following Bill was taken up:
H. 3303 (Word version) -- Rep. Scott: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Reps. SCOTT, J. E. SMITH, GOVAN, J. BROWN, J. H. NEAL, OTT, FLEMING, MCLEOD, HOSEY, WEEKS, LLOYD, ALTMAN, TRIPP, SHARPE, HARRISON, J. R. SMITH, CATO, HAMILTON, EASTERDAY, DAVENPORT, MOODY-LAWRENCE, SIMRILL, COBB-HUNTER and BARRETT requested debate on the Bill.
Rep. WALKER objected to the Bill.
The following Bill was taken up:
H. 3224 (Word version) -- Rep. Altman: 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\GGS\AMEND\22820CM01):
Amend the bill, as and if amended, by striking SECTION 1, and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 16-15-115. (A) Forfeiture of cash contained in subsection (D) of this section must be accomplished by petition of the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the cash was seized. The petition must be submitted to the court within a reasonable period following seizure and must contain the facts upon which the seizure was made. The petition shall identify all persons known to the petitioner to have interests in the property. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the cash listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure.
(B) The judge shall determine whether the cash is subject to forfeiture and order the forfeiture confirmed. If there is a dispute regarding the division of the cash among participating law enforcement agencies, it must be determined by the judge.
(C) A forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided, that all persons with an interest in the cash, including participating law enforcement agencies, entitled to notice under this section, consent to the forfeiture. Disposition of the cash may be accomplished by consent of the petitioner and the agencies involved.
(D) All cash forfeited will be deposited in the General Fund to be distributed as follows:
(1) seventy-five percent to the law enforcement agency or agencies;
(2) twenty-five percent to the prosecuting agency." /
Amend title to conform.
Rep. DELLENEY explained the amendment.
Rep. DELLENEY continued speaking.
Rep. DELLENEY spoke in favor of the amendment.
Reps. KNOTTS, PARKS, MCLEOD, KENNEDY, OTT, HOSEY, CLYBURN, LLOYD, WHATLEY, BINGHAM, MACK and GOURDINE requested debate on the Bill.
The following Bill was taken up:
H. 3259 (Word version) -- Reps. W. D. Smith, Wilkins, Harrison, Harrell, J. Brown, Townsend, Sharpe and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO DEFINE AND REGULATE A PUSH-POLL AND PROVIDE PENALTIES FOR VIOLATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1195DW01), 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 8-13-1355. (A)(1) For purposes of this section, a 'push-poll' is a paid telephone survey supporting or opposing any candidate for public office and conducted by or on behalf of a candidate or committee that:
(a) asks questions or gives statements relating to candidates for public office that state, imply, or convey information about another candidate's character, status, or political stance or record; and
(b) is conducted in a manner that is likely to be construed by the person receiving the call to be a survey or poll which uses an established method of scientific sampling and gather statistical data for entities or organizations that are acting independently of any political party, candidate, or interest group.
(2) A person who conducts a push-poll, as defined in subsection (A)(1), must, at the beginning of the call, disclose the name of the candidate or committee that paid for, sponsored, donated, or authorized the call.
(3) If the call is an independent expenditure, the disclosure shall also state that no candidate has approved the call.
(4) No person or organization shall state or imply false or fictitious names or telephone numbers when providing the disclosures required under this section.
(B) The entity in charge of conducting a push-poll must file the name, telephone number, and address of the candidate or committee who paid for, sponsored, donated, or authorized the poll, together with the text of the poll with the State Election Commission and also with the candidates or campaigns involved twenty-four hours before the poll is initiated. If a committee or entity has paid for, sponsored, donated, or authorized the poll, it must also file the names of the members of its governing board, board of directors, or executive committee.
(C) A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
Rep. FLEMING proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\AMEND\1205DW01), which was adopted:
Amend the report of the Committee on Judiciary, as and if amended, page 3959-2, line 9, by striking /election/ and inserting
/ ethics /
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
Reps. JENNINGS, KENNEDY, MCLEOD, CLYBURN, HOSEY, MACK, BREELAND, RIVERS, WEEKS, LLOYD, HOWARD, J. H. NEAL, ALTMAN, HAYES, FLEMING, MILLER, HARRISON, EASTERDAY and EMORY requested debate on the Bill.
The following Bill was taken up:
H. 3103 (Word version) -- Reps. Sharpe, J. E. Smith, Cotty, Sheheen, Coleman, Quinn, Harrison, Delleney, Altman, Clyburn and Merrill: A BILL TO AMEND SECTION 6-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING GOVERNMENTAL ENTITIES TO ENTER INTO CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES FOR THE COLLECTION, DISPOSAL, AND TREATMENT OF SEWAGE, AND TO AMEND SECTION 44-55-1410, RELATING TO AUTHORIZING COUNTIES TO OPERATE WATER AND SEWER FACILITIES, IN BOTH, SO AS TO PROVIDE THAT A CONTRACT SHALL NOT CONTAIN A PROVISION PROVIDING THAT MORE THAN TEN PERCENT OF THE SEWAGE TREATED BY THE SEWER FACILITIES MAY BE GENERATED FROM OUTSIDE THE BOUNDARIES OF THE STATE.
Rep. EMORY moved to adjourn debate on the Bill until Tuesday, February 27.
Rep. SHARPE moved to table the motion, which was agreed to by a division vote of 49 to 35.
Reps. MEACHAM-RICHARDSON, SIMRILL, MOODY-LAWRENCE, EMORY, J. M. NEAL, LLOYD, PERRY, KIRSH, BOWERS, J. H. NEAL, BALES, G. BROWN, J. HINES, COTTY, SHARPE, COLEMAN, SHEHEEN, WITHERSPOON, COATES, J. R. SMITH, COBB-HUNTER and SNOW requested debate on the Bill.
The following Bill was taken up:
H. 3173 (Word version) -- Reps. Law and Merrill: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-142 SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF THE COOPER RIVER LYING BETWEEN CHANNEL MARKER 13 IN THE VICINITY OF PIMLICO PLANTATION AND THE WATER CHECK STATION IN THE VICINITY OF BLUFF PLANTATION.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5163DJC01), which was adopted:
Amend the bill, as and if amended, in SECTION 1, Section 50-21-142, page 1, beginning on line 29 by striking /approximately two thousand eight hundred linear feet/.
So that when amended, Section 50-21-142 reads:
/"Section 50-21-142. There is established a no wake zone on a portion of the Cooper River lying between Bushy Park and Moncks Corner, beginning at channel marker 13 near or in the vicinity of Pimlico Plantation and running to the water check station near or in the vicinity of Bluff Plantation. The boundaries for this no wake zone must be clearly marked by signs designed and installed by the department."/
Amend the bill further, as and if amended, by adding an appropriately numbered section to read:
/ Section __. Section 50-21-141 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3304 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 102, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO REWRITE THE CHAPTER AND ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2001", TO PROVIDE FOR DEFINITIONS AND FOR APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, TO PROVIDE FOR SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, TO PROVIDE FOR THE DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, AND FOR THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, TO PROVIDE FOR WHAT AN AGENCY CONTRACT MUST STATE OR CONTAIN AND FOR A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, TO PROVIDE FOR WHEN AN AGENCY CONTRACT IS VOIDABLE, AND FOR WHEN A STUDENT ATHLETE MAY CANCEL AN AGENCY CONTRACT, TO REQUIRE AN ATHLETE AGENT TO RETAIN CERTAIN RECORDS FOR FIVE YEARS AND PROVIDE FOR THE INSPECTION OF THOSE RECORDS, TO PROVIDE THAT AN ATHLETE AGENT MAY NOT MAKE CERTAIN REPRESENTATIONS OR FURNISH ANYTHING OF VALUE TO STUDENT ATHLETES WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, TO PROVIDE THAT AN EDUCATIONAL INSTITUTION HAS A RIGHT OF ACTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5164DJC01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 102, Title 59 of the 1976 Code is amended to read:
Section 59-102-10. As used in this chapter:
(1) "Agent contract" means a contract or agreement pursuant to which a student athlete authorizes an athlete agent to represent him in the marketing of his athletic ability or reputation in a sport.
(2) "Athlete agent" means a person who, directly or indirectly, recruits or solicits a student athlete to enter into an agent contract, or who for a fee procures, offers, promises, or attempts to obtain employment for a student athlete with a professional sports team or as a professional athlete.
(3) "Student athlete" means an athlete who practices for or otherwise participates in intercollegiate athletics at a college or university that is located in this State. This chapter may be cited as the 'Uniform Athlete Agents Act of 2001'.
Section 59-102-20. (A) Each athlete agent shall register biennially with the Department of Consumer Affairs on forms to be provided by the department and, at the same time, pay to the department a registration fee of three hundred dollars, for which the department shall issue a certificate of authority entitling the holder to operate as an athlete agent for two years. The department may revoke or suspend the registration of an athlete agent for cause or for a violation of any provision of this chapter.
(B) When the business address of an athlete agent operating in this State is changed, the agent shall notify the department within thirty days after the change of address.
(C) It is unlawful for a person to operate as an athlete agent unless he is registered as provided in this section. A person who violates this section is guilty of a felony and, upon conviction, must be punished by a fine of five thousand dollars or by imprisonment for five years, or both. In this chapter:
(1) 'Agency contract' means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement contract.
(2) 'Athlete agent' means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.
(3) 'Athletic director' means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
(4) 'Contact' means a communication, direct or indirect, between an athlete agent and a student athlete, to recruit or solicit the student athlete to enter into an agency contract.
(5) 'Endorsement contract' means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained due to athletic ability or performance.
(6) 'Intercollegiate sport' means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics.
(7) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
(8) 'Professional sports services contract' means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.
(9) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(10) 'Registration' means registration as an athlete agent pursuant to this chapter.
(11) 'State' means the State of South Carolina when referring to this State or a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States when referring to any other state.
(12) 'Student athlete' means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport.
Section 59-102-30. (A) A student athlete who is subject to the rules and regulations of the National Collegiate Athletic Association, the National Association for Intercollegiate Athletics, or the National Junior College Athletic Association, who has not completed his last intercollegiate contest including postseason games for the applicable sport, and who enters into an agent contract with an athlete agent or a contract pursuant to which an athlete is employed as a professional athlete, shall notify the athletic director or the president of the college or university in which he is enrolled and the Administrator of the Department of Consumer Affairs that he has entered into such a contract. Written notification of entering into a contract must be given before practicing for or participating in an athletic event on behalf of a college or university or within seventy-two hours after entering into the contract, whichever occurs first. A student athlete who fails to provide this notification is guilty of a misdemeanor and, upon conviction, must be punished by a fine of one thousand dollars or by imprisonment for one year, or both.
(B) An athlete agent who enters into an agent contract with a student athlete who is subject to the rules and regulations of the National Collegiate Athletic Association, the National Association for Intercollegiate Athletics, or the National Junior College Athletic Association shall notify the athletic director or the president of the college or university in which the student athlete is enrolled and the Administrator of the Department of Consumer Affairs that the student athlete has entered into such a contract. Written notification of the contract must be given before the student athlete's practicing for or participating in an athletic event on behalf of a college or university or within seventy-two hours after entering into the contract, whichever occurs first. An athlete agent who fails to provide this notification is guilty of a felony and, upon conviction, must be punished by a fine of five thousand dollars or by imprisonment for five years, or both.
(C) A student athlete or athlete agent who enters into a contract before October 1, 1990, is subject to the notification requirements of this section as of October 1, 1990. Thereafter, they are subject to these notification requirements immediately in the manner required by this section.
(D) An agent contract between a student athlete and an athlete agent must have a notice printed near the space for the student athlete's signature which must contain the following statement in ten-point bold-faced type:
"WARNING: IF YOU AS A STUDENT ATHLETE SIGN THIS CONTRACT, YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE IN INTERCOLLEGIATE ATHLETICS. PURSUANT TO SOUTH CAROLINA LAW, YOU SHALL NOTIFY THE ATHLETIC DIRECTOR OR PRESIDENT OF YOUR COLLEGE OR UNIVERSITY AND THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS IN WRITING BEFORE PRACTICING FOR OR PARTICIPATING IN AN ATHLETIC EVENT ON BEHALF OF A COLLEGE OR UNIVERSITY OR WITHIN SEVENTY-TWO HOURS AFTER ENTERING INTO THIS CONTRACT, WHICHEVER OCCURS FIRST. FAILURE TO PROVIDE THIS NOTICE IS A CRIMINAL OFFENSE."
(E) An agent contract entered into between a student athlete and an athlete agent who fails to provide the notification required by this section is void and unenforceable.
(F) A student athlete or athlete agent who enters into an agent contract and fails to provide the notification required by this section is liable for damages to the college or university in which the student athlete is enrolled that result from the student athlete's subsequent ineligibility. In addition to damages, if any, awarded pursuant to this section, damages may be assessed in an amount equal to three times the value of the athletic scholarship furnished by the institution to the student athlete during the student athlete's period of eligibility.
(G) Within ten days after the date on which the contractual relationship between the athlete agent and the student athlete arises or after notification of the contractual relationship is received by the athletic director or president of the college or university in which the student is enrolled and the Administrator of the Department of Consumer Affairs, whichever occurs later, the student athlete has the right to rescind the contract or any contractual relationship with the athlete agent by giving notice in writing of his intent to rescind. The rescission is effective upon repayment by the student athlete to the athlete agent of any monetary amounts paid to the student athlete by the athlete agent, exclusive of travel, lodging, meals, and entertainment, or reimbursement for these items, furnished by the athlete agent to the student athlete. The student athlete may not effect a waiver of his right to rescind, and an attempt to do so is prohibited and unenforceable.
(H) Postdating of agent contracts is prohibited, and a postdated contract is void and unenforceable. Execution of a postdated contract is a violation of this chapter, and an athlete agent committing the violation is subject to the penalty provisions of Section 59-102-20(C). A student athlete committing the violation is subject to the penalty provisions of Section 59-102-30(A).
(A) By acting as an athlete agent in this State, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this State related to the individual's acting as an athlete agent in this State.
(B) The Secretary of State may issue subpoenas for any material that is relevant to the administration of this chapter.
Section 59-102-40. An agent may not:
(1) publish or cause to be published false or misleading information or advertisements nor give any false information or make false promises to an athlete concerning employment;
(2) accept as a client a student athlete referred by an employee of or a coach for a college or university located in this State in exchange for the rendition of free legal services, the rendition of legal services for a reduced fee, or any other consideration;
(3) enter into an agreement, written or oral, by which the athlete agent offers anything of value to an employee of or a coach for a college or university located in this State in return for the referral of student athlete clients by that employee or coach;
(4) offer anything of value to induce a student athlete to enter into an agreement by which the agent will represent the student athlete. Negotiations regarding the agent's fee is not considered an inducement;
(5) conduct business as an athlete agent if his registration is suspended. (A) Except as otherwise provided in subsection (B), an individual may not act as an athlete agent in this State without holding a certificate of registration under Section 59-102-60 or 59-102-80.
(B) Before being issued a certificate of registration, an individual may act as an athlete agent in this State for all purposes except signing an agency contract, if:
(1) a student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and
(2) within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this State.
(C) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
Section 59-102-50. Department of Consumer Affairs to promulgate regulations. The Department of Consumer Affairs may promulgate regulations necessary to implement and enforce this chapter. (A) An applicant for registration shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this section is a public record. The application must be in the name of an individual and, except as otherwise provided in subsection (B) signed or otherwise authenticated by the applicant under penalty of perjury and state or contain:
(1) the name of the applicant and the address of the applicant's principal place of business;
(2) the name of the applicant's business or employer, if applicable;
(3) any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application;
(4) a description of the applicant:
(a) formal training as an athlete agent;
(b) practical experience as an athlete agent; and
(c) educational background relating to the applicants activities as an athlete agent;
(5) the names and addresses of three individuals not related to the applicant who are willing to serve as references;
(6) the name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application;
(7) the names and addresses of all persons who are:
(a) with respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business; and
(b) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent or greater;
(8) whether the applicant or any person named pursuant to item (7) has been convicted of a crime that, if committed in this State, would be a crime involving moral turpitude or a felony, and identify the crime;
(9) whether there has been any administrative or judicial determination that the applicant or any person named pursuant to item (7) has made a false, misleading, deceptive, or fraudulent representation;
(10) any instance in which the conduct of the applicant or any person named pursuant to item (7) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution;
(11) any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to item (7) arising out of occupational or professional conduct; and
(12) whether there has been any denial of an application for suspension, revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to item (7) as an athlete agent in any state.
(B) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another state, may submit a copy of the application and certificate in lieu of submitting an application in the form prescribed pursuant to subsection (A). The Secretary of State shall accept the application and the certificate from the other state as an application for registration in this State if the application to the other state:
(1) was submitted in the other state within six months next preceding the submission of the application in this State and the applicant certifies that the information contained in the application is current;
(2) contains information substantially similar to or more comprehensive than that required in an application submitted in this State; and
(3) was signed by the applicant under penalty of perjury.
Section 59-102-60. (A) Except as otherwise provided in subsection (B), the Secretary of State shall issue a certificate of registration to an individual who complies with Section 59-102-50(A) or whose application has been accepted under Section 59-102-50(B).
(B) The Secretary of State may refuse to issue a certificate of registration if the Secretary of State determines that the applicant has engaged in conduct that has a significant adverse effect on the applicants, fitness to act as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:
(1) been convicted of a crime that, if committed in this State, would be a crime involving moral turpitude or a felony;
(2) made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
(3) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(4) engaged in conduct prohibited by Section 59-102-140;
(5) had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state;
(6) engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution; or
(7) engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.
(C) In making a determination under subsection (B), the Secretary of State shall consider:
(1) how recently the conduct occurred;
(2) the nature of the conduct and the context in which it occurred; and
(3) any other relevant conduct of the applicant.
(D) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Secretary of State. An application filed under this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration.
(E) An individual who has submitted an application for renewal of registration or licensure in another state, in lieu of submitting an application for renewal in the form prescribed pursuant to subsection (D), may file a copy of the application for renewal and a valid certificate of registration or licensure from the other state. The Secretary of State shall accept the application for renewal from the other state as an application for renewal in this State if the application to the other state:
(1) was submitted in the other state within six months next preceding the filing in this State and the applicant certifies the information contained in the application for renewal is current;
(2) contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this State; and
(3) was signed by the applicant under penalty of perjury.
A certificate of registration or a renewal of a registration is valid for two years.
Section 59-102-70. (A) The Secretary of State may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under Section 59-102-60(B).
(B) The Secretary of State may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. The Administrative Procedures Act applies to this chapter.
Section 59-102-80. The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.
Section 59-102-90. An application for registration or renewal of registration must be accompanied by a fee in the following amount:
(1) five hundred dollars for an initial application for registration;
(2) three hundred dollars for an application for renewal of registration.
Section 59-102-100. (A) An agency contract must be in a record, signed or otherwise authenticated by the parties.
(B) An agency contract must state or contain:
(1) the amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(2) the name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract;
(3) a description of any expenses that the student athlete agrees to reimburse;
(4) a description of the services to be provided to the student athlete;
(5) the duration of the contract; and
(6) the date of execution.
(C) An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating:
'WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN SEVENTY-TWO HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.'
(D) An agency contract that does not conform to this section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
(E) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.
Section 59-102-110. (A) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.
(B) Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract.
Section 59-102-120. (A) A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed.
(B) A student athlete may not waive the right to cancel an agency contract.
(C) If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
Section 59-102-130. (A) An athlete agent shall retain the following records for a period of five years:
(1) the name and address of each individual represented by the athlete agent;
(2) any agency contract entered into by the athlete agent; and
(3) any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.
(B) Records required by subsection (A) to be retained are open to inspection by the Secretary of State during normal business hours.
Section 59-102-140. (A) An athlete agent, with the intent to induce a student athlete to enter into an agency contract, may not:
(1) give any materially false or misleading information or make a materially false promise or representation;
(2) furnish anything of value to a student athlete before the student athlete enters into the agency contract; or
(3) furnish anything of value to any individual other than the student athlete or another registered athlete agent.
(B) An athlete agent may not intentionally:
(1) initiate contact with a student athlete unless registered under this chapter;
(2) refuse or fail to retain or permit inspection of the records required to be retained by Section 59-102-130;
(3) fail to register when required by Section 59-102-40;
(4) provide materially false or misleading information in an application for registration or renewal of registration;
(5) predate or postdate an agency contract; or
(6) fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.
Section 59-102-150. An athlete agent who violates Section 59-102-140 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than ten thousand dollars or imprisonment for not more than three years, or both.
Section 59-102-160. (A) An educational institution has a right of action against an athlete agent or a former student athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.
(B) Damages of an educational institution under subsection (A) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
(C) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student athlete.
(D) Any liability of the athlete agent or the former student athlete under this section is several and not joint.
(E) This chapter does not restrict rights, remedies, or defenses of any person under law or equity.
Section 59-102-170. Upon a finding that an athlete agent has violated any provision of this chapter, as determined from admissions of the athlete agent freely and voluntarily made or as the result of a hearing conducted pursuant to the Administrative Procedures Act, the Secretary of State may assess a fine against an athlete agent not to exceed one hundred thousand dollars for a violation of this chapter.
Section 59-102-180. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Section 59-102-190. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. Harrison having the floor.
Rep. W. D. SMITH moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3326 (Word version) -- Reps. Wilder, Carnell, Stille, Hayes and Taylor: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MARCH, 2001, AS NATIONAL ATHLETIC TRAINING MONTH IN SOUTH CAROLINA, AND TO RECOGNIZE THE ATHLETIC TRAINING PROFESSION AND ITS IMPORTANCE IN MAINTAINING QUALITY HEALTH CARE.
H. 3458 (Word version) -- Reps. Quinn and Wilkins: A CONCURRENT RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A PORTRAIT OF REPRESENTATIVE TERRY E. HASKINS TO BE PLACED IN THE STATE HOUSE.
H. 3496 (Word version) -- Reps. Sharpe, Battle, Bowers, R. Brown, Clyburn, Coates, Emory, Gourdine, Lloyd, Loftis, McLeod, Miller, J. M. Neal, Ott, Perry, Rhoad, Scarborough, D. C. Smith, Stille, Trotter, Webb, Whatley and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 17-24, 2001.
H. 3521 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND THE NAVAL JUNIOR RESERVE OFFICER TRAINING CORPS DRILL TEAM OF SILVER BLUFF HIGH SCHOOL FOR THEIR OUTSTANDING PERFORMANCE IN WINNING THE 2001 SOUTH CAROLINA STATE DRILL MEET AND THE STATE DRILL CHAMPIONSHIP, AND TO CONGRATULATE THE DRILL TEAM MEMBERS, THEIR NAVEL JUNIOR ROTC INSTRUCTORS, SCHOOL OFFICIALS, FACULTY, AND STAFF OF SILVER BLUFF HIGH SCHOOL ON THE OCCASION OF THE SILVER BLUFF HIGH SCHOOL DRILL TEAM WINNING THE STATE DRILL CHAMPIONSHIP FOR THE THIRD YEAR IN A ROW AND BEING SELECTED TO REPRESENT THE NAVAL JUNIOR RESERVE OFFICER TRAINING CORPS AREA SIX IN THE UPCOMING NATIONAL DRILL COMPETITION TO BE HELD IN PENSACOLA, FLORIDA.
At 1:10 p.m. the House, in accordance with the motion of Rep. COTTY, adjourned in memory of Bernard Jonas, to meet at 10:00 a.m. tomorrow.
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