HOUSE JOURNAL for May 16, 2001 - South Carolina Legislature Online

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

Wednesday, May 16, 2001
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

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

Almighty God, we bow daily at this altar of prayer lest we be tempted to rely on our own strength alone. We are certain of no refuge other than Him Who is the eternal Rock of Ages. Give to all as we assume the challenges of this day such a measure of reliance upon God that no crushing cares or tormenting fears shall ever be able to blind our vision or shatter our faith in Him Who says: "I am with you always." Cause us to see our yesterdays as valuable experiences, may we see each today as a gift, and our every tomorrow as a hope. Teach us to value a conscience void of offense as more valuable than all prizes and pedestals that this world can offer. 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 yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. LOURIE moved that when the House adjourns, it adjourn in memory of William "Bill" Russell Floyd, husband of Sophia Floyd, Executive Secretary of the Interstate Cooperation Committee, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 390 (Word version) -- Senator Reese: A BILL TO ENACT THE "SOUTH CAROLINA FIREFIGHTERS EMPLOYMENT AND REGISTRATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 80, RELATING TO FIREFIGHTER EMPLOYMENT AND REGISTRATION, SO AS TO PROVIDE DEFINITIONS IN REGARD TO FIREFIGHTER REGISTRATION, TO REQUIRE CRIMINAL RECORDS CHECKS ON FIREFIGHTERS EMPLOYED IN THIS STATE ON OR AFTER JULY 1, 2001, TO REQUIRE REGISTRATION OF FIREFIGHTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL, TO REQUIRE THE STATE FIRE MARSHAL ASSIGN REGISTRATION NUMBERS TO AND MAINTAIN CERTAIN RECORDS ON REGISTERED FIREFIGHTERS, TO PROVIDE THAT EXCEPT FOR A FIREFIGHTER EMPLOYED BY THE UNITED STATES GOVERNMENT, NO PERSON SHALL BE ALLOWED TO PERFORM FIREFIGHTING DUTIES IN THIS STATE ON OR AFTER JULY 1, 2001, WITH A PUBLIC FIRE DEPARTMENT OR EMPLOYER WITHOUT BEING REGISTERED AS A FIREFIGHTER, TO REQUIRE THE STATE FIRE MARSHAL REGISTER EACH FIREFIGHTER AND MAINTAIN CERTAIN INFORMATION AND RECORDS ON EACH FIREFIGHTER, TO REQUIRE FIRE DEPARTMENTS AND EMPLOYERS OF FIREFIGHTERS TO NOTIFY THE STATE FIRE MARSHAL OF THE SEPARATION OF A FIREFIGHTER FROM EMPLOYMENT, AND TO PROVIDE FOR WRITTEN WARNINGS AND CIVIL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Ordered for consideration tomorrow.

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

S. 488 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 16-23-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE APPLICATION OF PROVISIONS REGARDING OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO A PERSON AUTHORIZED TO POSSESS CERTAIN WEAPONS BY THE UNITED STATES DEPARTMENT OF THE TREASURY, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, OR ANY OTHER FEDERAL AGENCY EMPOWERED TO GRANT THIS AUTHORIZATION.
Ordered for consideration tomorrow.

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

S. 576 (Word version) -- Senators Bauer, Ravenel, Grooms, McGill, Branton, Elliott, Peeler, Giese, Leventis, Mescher, McConnell, Short, Courson, Leatherman, Setzler, Wilson, Holland, Ryberg, Reese, Martin, Verdin, Gregory, Thomas, Ritchie, Richardson and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO ADD AN ADDITIONAL FELONY PENALTY WHEN A PERSON WEARS BODY ARMOR WHEN COMMITTING A CRIME INVOLVING A VIOLENT ACT OR A THREAT OF A VIOLENT ACT AND TO PROVIDE EXCEPTIONS; AND BY ADDING SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT CRIME TO PURCHASE, OWN, POSSESS, OR USE BODY ARMOR, TO PRESCRIBE PROCEDURES FOR GAINING AN EXCEPTION FROM THE CHIEF OF POLICE OR COUNTY SHERIFF, TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO ISSUE BODY ARMOR TO A PERSON IN CUSTODY OR TO A WITNESS; AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.

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

S. 441 (Word version) -- Senators Martin, Giese, Wilson, Richardson, Leventis, Alexander and Branton: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS AND THEIR ASSISTANTS, SO AS TO PROVIDE THAT ONE SIXTEEN- OR SEVENTEEN-YEAR-OLD ASSISTANT POLL MANAGER MAY BE APPOINTED FOR EVERY TWO REGULAR POLL MANAGERS APPOINTED TO WORK IN A PRECINCT.
Ordered for consideration tomorrow.

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

S. 459 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
Ordered for consideration tomorrow.

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

S. 316 (Word version) -- Senators Peeler, Hayes, Ryberg, Wilson and McGill: A BILL TO AMEND SECTION 2-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO CONTRACT FOR HOUSING AND CARE OF INMATES UNDER THE COMMUNITY CORRECTIONS INCENTIVE ACT, SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT TO HAVE CONSTRUCTED OR FUND ALL OR A PORTION OF THE CONSTRUCTION COSTS ASSOCIATED WITH CERTAIN FACILITIES IF FUNDS ARE APPROPRIATED; SECTION 2-48-30, RELATING TO THE LOCAL GOVERNMENT ENTITY PROVIDING LAND FOR A COMMUNITY CORRECTIONAL FACILITY, SO AS TO AUTHORIZE THE DEPARTMENT TO CONTRACT FOR THE CONSTRUCTION OF THESE FACILITIES AND TO CONTRACT WITH LOCAL GOVERNMENTS TO FUND CERTAIN CONSTRUCTION COSTS ASSOCIATED WITH A COMMUNITY CORRECTIONAL FACILITY UNDER CERTAIN CONDITIONS; SECTION 2-48-60, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT MUST CONTRACT WITH A LOCAL ENTITY BEFORE CONSTRUCTING A COMMUNITY CORRECTIONAL FACILITY, SO AS TO MAKE REIMBURSEMENT TO A LOCAL ENTITY OPTIONAL INSTEAD OF MANDATORY FOR THE COST OF CARING FOR EACH STATE INMATE AS PROVIDED BY CONTRACT; AND SECTION 24-3-30, AS AMENDED, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO ADD MUNICIPAL AND REGIONAL DETENTION FACILITIES TO COUNTY FACILITIES AS LOCATIONS WHERE THESE PRISONERS MAY BE DESIGNATED TO BE CONFINED.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

S. 147 (Word version) -- Senators Hawkins, Waldrep and Ritchie: A BILL TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT SUCH PENALTIES ARE FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

S. 249 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-24 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL IN THE GILLS CREEK WATERSHED IN LANCASTER COUNTY WITHIN THREE HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

S. 356 (Word version) -- Senators McGill, Ravenel and Land: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE BLACK RIVER AS A SCENIC RIVER.
Ordered for consideration tomorrow.

Rep. HARRELL for the Committee on Ways and Means, submitted a favorable report with amendments.
Rep. KOON for the minority, submitted an unfavorable report on:

H. 3993 (Word version) -- Reps. Wilkins, Harrell, J. R. Smith and Kelley: A BILL TO AMEND SECTION 4-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CERTAIN INDUCEMENT LEASE AGREEMENTS IN CONNECTION WITH PROPERTY QUALIFYING FOR A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE GUIDELINES FOR THE QUALIFICATION OF A SPONSOR AND SPONSOR AFFILIATE FOR THE FOUR PERCENT FEE AND TO PROVIDE FOR THE TIME PERIODS FOR EXECUTION OF THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, AND TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE; TO AMEND SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE CERTAIN TYPES OF INVESTORS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE FOR INVESTORS AND INVESTOR AFFILIATES, TO PROVIDE GUIDELINES FOR THEIR QUALIFICATION FOR THE FOUR PERCENT FEE, TO PROVIDE FOR TIME PERIODS FOR EXECUTING THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE, AND TO MAKE NUMEROUS TECHNICAL CHANGES; AND TO AMEND SECTION 12-44-50, RELATING TO THE ESTABLISHMENT OF THE MILLAGE RATE FOR PURPOSES OF DETERMINING THE FEE PURSUANT TO THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO PROVIDE FOR GUIDELINES FOR INVESTORS AND INVESTOR AFFILIATES AND THEIR QUALIFICATION FOR THE FOUR PERCENT FEE, TO PROVIDE FOR TIME PERIODS FOR EXECUTING THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE, AND TO MAKE NUMEROUS TECHNICAL CHANGES.
Ordered for consideration tomorrow.

Rep. HARRELL for the Committee on Ways and Means, submitted a favorable report with amendments.
Rep. KOON for the minority, submitted an unfavorable report on:

H. 4052 (Word version) -- Reps. Wilkins, Harrell, J. R. Smith and Robinson: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.
Ordered for consideration tomorrow.

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

S. 219 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-9-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE BY THE STATE TREASURER, SO AS TO AUTHORIZE INVESTMENTS IN CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH CAROLINA SO LONG AS THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS, TO MODIFY THE INVESTMENT GRADE RATING REQUIREMENT FOR INVESTMENT IN OBLIGATIONS, TO PROVIDE FOR INVESTMENT IN CERTAIN GUARANTEED INVESTMENT CONTRACTS ISSUED BY A DOMESTIC OR FOREIGN INSURANCE COMPANY OR OTHER FINANCIAL INSTITUTION, AND TO AUTHORIZE THE STATE TREASURER TO CONTRACT TO LEND INVESTED SECURITIES.
Ordered for consideration tomorrow.

Rep. HARRELL for the Committee on Ways and Means, submitted a favorable report with amendments.
Rep. COOPER for the minority, submitted an unfavorable report on:

H. 3670 (Word version) -- Reps. McLeod, Harrison, Bales, Townsend, J. Brown, Wilder, Carnell, Kirsh, Meacham-Richardson, Cobb-Hunter, Koon, Frye, J. R. Smith, Littlejohn, Allen, Clyburn, Davenport, Delleney, Govan, Harvin, Hosey, Jennings, Kennedy, Limehouse, Lourie, Lucas, McCraw, Moody-Lawrence, J. H. Neal, Phillips, Rhoad, Rice, Riser, Rivers, Robinson, Scott, Simrill, J. E. Smith, Stille, Stuart and Weeks: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, SPECIAL PURPOSE DISTRICTS, AND OTHER POLITICAL SUBDIVISIONS OF THE STATE JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
Ordered for consideration tomorrow.

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

H. 3948 (Word version) -- Reps. Campsen, Loftis, Cotty, Tripp, Limehouse, Lourie, Altman, Cato, Chellis, Easterday, Hamilton, Harrell, Leach, Lucas, Ott, Rice, Robinson, Scarborough, D. C. Smith, Stille and Townsend: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 2 SO AS TO CREATE THE SOUTH CAROLINA COLLEGE INVESTMENT ACCOUNT (SCCIA) PROGRAM TO ESTABLISH A COLLEGE INVESTMENT PLAN FOR QUALIFIED HIGHER EDUCATIONAL EXPENSES; TO PROVIDE THAT THE OFFICE OF STATE TREASURER SHALL MANAGE THE SCCIA PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THE PROGRAM SHALL OPERATE; TO PROVIDE FOR AND DEFINE SAVINGS TRUST AGREEMENTS; TO PROVIDE THAT CONTRIBUTIONS TO A SAVINGS TRUST AGREEMENT ARE DEDUCTIBLE FROM SOUTH CAROLINA INCOME SUBJECT TO TAX UP TO SPECIFIED LIMITS; AND PROVIDE FOR RELATED MATTERS.
Ordered for consideration tomorrow.

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

H. 3383 (Word version) -- Reps. Coates, Allison, Barfield, Barrett, Battle, Bingham, Bowers, Harvin, Hayes, J. Hines, Koon, Lucas, McGee, Owens, Sandifer, Scarborough, Sharpe, Sheheen, Sinclair, G. M. Smith, J. R. Smith, Talley, Thompson, Walker, Weeks and Witherspoon: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS GENERALLY INCLUDING THE EXEMPTION FOR THE SALE OF NATURAL GAS, LP GAS, AND ELECTRICITY TO PRODUCE CERTAIN AGRICULTURAL PRODUCTS OR ANIMALS SO AS TO PROVIDE THAT SUCH EXEMPTION ALSO INCLUDES THE SALE OF PROPANE GAS FOR THIS PURPOSE AND TO PROVIDE THAT THE SALE OF THESE GASES OR ELECTRICITY TO PRODUCE AGRICULTURAL PLANTS IN GREENHOUSES THAT WILL SUBSEQUENTLY BE REPLANTED IS ALSO EXEMPT FROM THE SALES TAX.
Ordered for consideration tomorrow.

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

S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.
Ordered for consideration tomorrow.

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

H. 4003 (Word version) -- Reps. Barfield, Limehouse, Whipper, Allison, Askins, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harvin, Hayes, J. Hines, Hosey, Jennings, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Leach, Lee, Lloyd, Loftis, Lucas, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, F. N. Smith, J. R. Smith, Stille, Taylor, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, White, Witherspoon and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO PROVIDE THAT INDIVIDUALS HAVE THE RIGHT TO BE PROVIDED WITH EXPERIMENTAL OR NONCONVENTIONAL MEDICAL TREATMENT FOR A POTENTIALLY LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, AND TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT.
Ordered for consideration tomorrow.

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

H. 3891 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-2735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR CAREGIVERS EMPLOYED IN CHILD DAYCARE CENTERS AFTER JUNE 30, 1994, SO AS TO DELETE THE REQUIREMENT THAT THE CAREGIVER MUST HAVE AT LEAST A HIGH SCHOOL DIPLOMA OR GENERAL EDUCATIONAL CERTIFICATE (GED) AND TO DELETE REQUIREMENTS FOR CAREGIVERS EMPLOYED AS OF JULY 1, 1994.
Ordered for consideration tomorrow.

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

H. 3817 (Word version) -- Reps. J. Brown, Bales, Hayes, Limehouse, Mack and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-980 SO AS TO AUTHORIZE LICENSED NURSES TO TRAIN AND SUPERVISE SELECTED UNLICENSED PERSONS TO PROVIDE ORAL AND TOPICAL MEDICATIONS, REGULARLY SCHEDULED INSULIN, AND PRESCRIBED ANAPHYLACTIC TREATMENTS IN COMMUNITY RESIDENTIAL CARE FACILITIES.
Ordered for consideration tomorrow.

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

S. 567 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO STANDARDS FOR AUTHORIZED PRESCRIPTIONS BY THE NURSE PRACTITIONER WITH PRESCRIPTIVE AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

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

S. 568 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2605, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

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

S. 343 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, TO ESTABLISH AN ANESTHESIOLOGIST'S ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO ANESTHESIOLOGIST'S ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR AN ANESTHESIOLOGIST'S ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS AND PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE PROTOCOLS, TO FURTHER PROVIDE FOR THE REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.

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

S. 140 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AND NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND HOSPITALS AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2002.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4123 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND USC - AIKEN, ITS FACULTY, STAFF, STUDENTS, ORGANIZERS, AND SUPPORTERS FOR ITS MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND THE CITIZENS OF OUR STATE ON THE OCCASION OF ITS FORTIETH ANNIVERSARY.

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

HOUSE RESOLUTION

The following was introduced:

H. 4124 (Word version) -- Reps. Scott, Bales, Rutherford, Howard, Govan, J. H. Neal, Whipper, Allen, Breeland, G. Brown, J. Brown, R. Brown, Carnell, Clyburn, Cobb-Hunter, Gourdine, Harvin, J. Hines, Hosey, Jennings, Lloyd, Lourie, Parks, Phillips, Rhoad, Rivers, F. N. Smith, Snow and Weeks: A HOUSE RESOLUTION TO ESTABLISH THE JIMMY CARTER COMMEMORATIVE COMMITTEE TO SELECT AN ARTIST TO PAINT A PORTRAIT OF THE HONORABLE JIMMY CARTER, THIRTY-NINTH PRESIDENT OF THE UNITED STATES, TO REQUIRE THE COMMITTEE TO PERFORM CERTAIN OTHER FUNCTIONS, INCLUDING THE RAISING OF PRIVATE FUNDING FOR THE PORTRAIT, AND TO PROVIDE THAT THE PORTRAIT SHALL BE PLACED APPROPRIATELY IN THE HALL OF THE HOUSE OF REPRESENTATIVES UPON COMPLETION.
The Resolution was ordered referred to the Committee on Judiciary.

HOUSE RESOLUTION

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

H. 4125 (Word version) -- Reps. J. Young, G. M. Smith and Harvin: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WILSON HALL BARONS AND COACH HILL OF SUMTER ON THURSDAY, MAY 17, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION CLASS 3-A STATE GOLF TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Wilson Hall Barons and Coach Hill of Sumter on Thursday, May 17, 2001, at a time to be determined by the Speaker of the House of Representatives for the purpose of being recognized and congratulated on winning the South Carolina Independent Schools Athletic Association Class 3-A State Golf Title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4126 (Word version) -- Reps. J. Young, G. M. Smith and Harvin: A HOUSE RESOLUTION RECOGNIZING THE WILSON HALL BARONS OF SUMTER ON THEIR TWENTY-EIGHT STROKE WIN OVER PINEWOOD PREP FOR THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION CLASS 3-A STATE GOLF TITLE, AND APPLAUDING COACH HUGH HILL AND THE BARONS FOR THEIR OUTSTANDING TEAM AND INDIVIDUAL EFFORTS DURING THE 2000-2001 SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4127 (Word version) -- Reps. Huggins, Riser and Quinn: A HOUSE RESOLUTION TO COMMEND THE IRMO HIGH SCHOOL TENNIS TEAMS AND THEIR COACH, BILL PORTER, FOR WINNING BOTH THE GIRLS AND BOYS STATE CLASS AAAA TENNIS CHAMPIONSHIPS THIS YEAR.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4128 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS AND COMMENDATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE NAVY JUNIOR ROTC UNIT OF CHAPIN HIGH SCHOOL IN CHAPIN ON BEING NAMED THE BEST NAVY JUNIOR ROTC UNIT IN SOUTH CAROLINA AND IN THE SOUTHEASTERN UNITED STATES, AND TO WISH THE UNIT CONTINUED SUCCESS AS IT COMPETES FOR THE HONOR OF BEING NAMED BEST UNIT IN THE NATION.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4129 (Word version) -- Rep. Askins: A HOUSE RESOLUTION TO COMMEND ROBERT L. "RED" MCELVEEN OF LAKE CITY FOR HIS TIRELESS EFFORTS TO BETTER HIS COMMUNITY AND THIS STATE THROUGH HIS LEADERSHIP AND SERVICE, AND TO EXTEND THE SINCERE BEST WISHES OF THE HOUSE OF REPRESENTATIVES TO HIM AND HIS FAMILY UPON THE OCCASION OF HIS RETIREMENT AS MAGISTRATE FOR THE LAKE CITY DISTRICT IN FLORENCE COUNTY.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4130 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARIE FRIERSON OF COLUMBIA UPON RECEIVING THE COMMISSIONER'S AWARD FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN WASHINGTON, D. C., FOR HER OUTSTANDING LEADERSHIP AND SERVICE IN THE PREVENTION OF CHILD ABUSE AND NEGLECT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4131 (Word version) -- Reps. J. Young, G. M. Smith, Harvin, G. Brown, Weeks and J. H. Neal: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MR. FRANCIS MARION MOISE, JR., OF SUMTER, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4132 (Word version) -- Reps. Rivers, Bowers, Knotts, Koon and Frye: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE WILLIAM C. ANDERSON, JR., MUNICIPAL JUDGE OF THE CITY OF HAMPTON, FOR HIS DISTINGUISHED THIRTY-FIVE-YEAR CAREER ON THE BENCH UPON HIS RETIREMENT.

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

INTRODUCTION OF BILLS

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

H. 4133 (Word version) -- Reps. McGee and Coates: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT 1 ARE ELECTED BEGINNING WITH THE 2002 ELECTION, TO FURTHER PROVIDE FOR THEIR TERMS OF OFFICE, AND THE FILLING OF VACANCIES; AND TO AMEND ACT 239 OF 1981, RELATING TO THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT 1, AND THE BUDGET OF THE DISTRICT, SO AS TO REVISE THE MANNER IN WHICH ANNUAL SCHOOL MILLAGE ABOVE A CERTAIN AMOUNT MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT AND TO DELETE PROVISIONS RELATING TO THE ELECTION OF MEMBERS OF THE BOARD WHICH ARE INCONSISTENT WITH THE ABOVE PROVISIONS.
On motion of Rep. MCGEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4134 (Word version) -- Rep. Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-95 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2002, ANY LICENSED SCHOOL COUNSELOR WHO HAS MET THE REQUIREMENTS FOR AND ACQUIRED A NATIONAL CERTIFIED SCHOOL COUNSELOR (NCSC) ENDORSEMENT FROM THE NATIONAL BOARD OF CERTIFIED COUNSELORS AND WHO IS EMPLOYED AS A SCHOOL COUNSELOR BY A LOCAL SCHOOL DISTRICT ON A TEACHER SALARY SCHEDULE SHALL RECEIVE ALL INCENTIVES AND PRIVILEGES OFFERED TO INDIVIDUALS RECEIVING THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS CERTIFICATION AND TO PROVIDE FOR THE CONDITIONS UNDER WHICH THESE INCENTIVES AND PRIVILEGES SHALL BE CONTINUED.
Referred to Committee on Education and Public Works

H. 4135 (Word version) -- Reps. Kelley, Edge and Keegan: A BILL TO AMEND SECTION 23-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF SELLING PERMISSIBLE FIREWORKS TO CHILDREN AND THE UNLAWFUL DISCHARGE OF FIREWORKS, SO AS TO EXTEND THE LIMIT OF SIX HUNDRED FEET OF A CHURCH, HOSPITAL, ASYLUM, OR PUBLIC SCHOOL WITHIN WHICH IT IS UNLAWFUL TO DISCHARGE TO ANY RESIDENTIAL AREA WITH A DENSITY OF THIRTY OR MORE RESIDENCES AN ACRE AND TO UPDATE A REFERENCE.
Referred to Committee on Judiciary

S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
Referred to Committee on Ways and Means

S. 439 (Word version) -- Senators J. V. Smith, Leatherman and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-161 SO AS TO PROVIDE FOR THE LOWERING OF FLAGS FLOWN ATOP THE STATE CAPITOL BUILDING ON MEMORIAL DAY AND ON THE DAY ON WHICH FUNERAL SERVICES ARE HELD FOR CERTAIN PUBLIC OFFICIALS, AND TO DEFINE HALF-STAFF.
Referred to Committee on Ways and Means

S. 472 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE BOND OF THE SUPERINTENDENT OF EDUCATION FOR OCONEE COUNTY SHALL BE A MINIMUM OF ONE HUNDRED THOUSAND DOLLARS RATHER THAN TEN THOUSAND DOLLARS.
Referred to Oconee Delegation

S. 610 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 25-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND OF SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF BOARD MEMBERS FROM ELEVEN TO NINETEEN, TO REQUIRE AT LEAST ELEVEN MEMBERS, RATHER THAN ALL OF THE MEMBERS, TO BE HONORABLY DISCHARGED VETERANS, AND TO DELETE THE PROVISION RESTRICTING MEMBERS FROM SERVING MORE THAN EIGHT CONTINUOUS YEARS ON THE BOARD.
Referred to Committee on Medical, Military, Public and Municipal Affairs

HOUSE RESOLUTION

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

H. 4136 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE NAVY JUNIOR ROTC OF CHAPIN HIGH SCHOOL, THEIR INSTRUCTORS, AND SCHOOL OFFICIALS ON WEDNESDAY, MAY 23, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR BEING NAMED THE BEST NAVY JUNIOR ROTC UNIT IN SOUTH CAROLINA AND IN THE SOUTHEASTERN UNITED STATES.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Navy Junior ROTC of Chapin High School, their instructors, and school officials on Wednesday, May 23, 2001, at a time to be determined by the Speaker for the purpose of being recognized for being named the best Navy Junior ROTC unit in South Carolina and in the southeastern United States.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4137 (Word version) -- Reps. Battle and Hayes: A CONCURRENT RESOLUTION APPLAUDING THE PEE DEE ACADEMY LADY EAGLES ON THEIR SECOND STRAIGHT SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AA STATE VOLLEYBALL CHAMPIONSHIP, AND RECOGNIZING THE MULLINS TEAM AND COACH LORIE ANN BAXLEY FOR THEIR COMEBACK FROM THE LOSS OF FIVE SENIORS ON THE 1999 TITLE TEAM TO AN ASTOUNDING UNDEFEATED 19-0 CHAMPIONSHIP RUN IN 2000.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4138 (Word version) -- Reps. Battle and Hayes: A CONCURRENT RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE "LADY EAGLES" BASKETBALL TEAM OF PEE DEE ACADEMY FOR THEIR REMARKABLE SEASON AND TO CONGRATULATE THEM ON WINNING THE 2000-2001 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP.

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

HOUSE RESOLUTION

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

H. 4139 (Word version) -- Rep. Leach: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO J. TODD WHITE, PRINCIPAL OF MITCHELL ROAD ELEMENTARY SCHOOL IN GREENVILLE ON TUESDAY, MAY 22, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR BEING SELECTED AS A 2001 NATIONAL DISTINGUISHED PRINCIPAL.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to J. Todd White, principal of Mitchell Road Elementary School in Greenville on Tuesday, May 22, 2001, at a time to be determined by the Speaker for the purpose of being recognized for being selected as a 2001 National Distinguished Principal.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 684 (Word version) -- Senators Moore, Ryberg and Setzler: A CONCURRENT RESOLUTION TO HONOR WELDON WYATT OF AIKEN COUNTY FOR HIS ABUNDANT CONTRIBUTIONS TO THE ADVANCEMENT OF EDUCATION IN AIKEN COUNTY AND THE EDUCATION OF AIKEN COUNTY RESIDENTS AND TO CONGRATULATE HIM ON BEING SELECTED TO RECEIVE A JEFFERSON AWARD BY THE AMERICAN INSTITUTE FOR PUBLIC SERVICE.

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

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gourdine
Govan                  Hamilton               Harrell
Harrison               Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Neal, J.H.             Neal, J.M.             Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  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               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
White                  Wilder                 Wilkins
Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 16.

Ralph Davenport                   JoAnne Gilham
Douglas Jennings                  Todd Rutherford
Fletcher Smith                    Richard Quinn

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHIPPER a leave of absence due to a death in the family.

DOCTOR OF THE DAY

Announcement was made that Dr. Gregory T. Squires of Marion is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. HOSEY and RHOAD presented to the House the Jefferson Davis Academy "Lady Raiders" Basketball Team, the South Carolina Independent Schools Association 2000-2001 Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Reps. HOSEY and RHOAD presented to the House the Blackville-Hilda "Lady Hawks" Basketball Team, the 2001 Class A State Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. HASKINS and the Greenville Delegation presented to the House the Wade Hampton High School Cross Country Team, the Class AAA State Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Reps. HARVIN and J. YOUNG presented to the House the Clarendon Hall Varsity Girls Softball Team, the South Carolina Independent School Association Class A Champions, their coaches and other school officials.

CO-SPONSOR REMOVED

In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. ~~After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added.~~ A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR REMOVED

Bill Number: H. 3719 (Word version)
Date: REMOVE:
05/16/01 TALLEY

SENT TO THE SENATE

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

H. 4095 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY THE STUDENTS OF EASLEY AND DACUSVILLE AREA SCHOOLS ON APRIL 26, 2001, NAMELY BY STUDENTS AT CROSSWELL ELEMENTARY, DACUSVILLE ELEMENTARY, DACUSVILLE MIDDLE, EASLEY HIGH, EAST END ELEMENTARY, FOREST ACRES ELEMENTARY, GETTYS MIDDLE, MCKISSICK ELEMENTARY, NORTHSIDE CHILD DEVELOPMENT, SIMPSON ACADEMY, AND WEST END ELEMENTARY BECAUSE OF A WATER LINE BREAK BE 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. 3595 (Word version) -- Reps. Thompson, A. Young, Hinson, Law, Limehouse, Littlejohn, Meacham-Richardson, Sandifer and White: A BILL TO AMEND CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON AGREEMENTS AND PRACTICES IN CONNECTION WITH CONSUMER CREDIT SALES AND CHAPTER 3, TITLE 37, RELATING TO LIMITATIONS ON CONSUMER LOAN AGREEMENTS, BY ADDING SECTIONS 37-2-418 AND 37-3-418, BOTH SO AS TO PROVIDE FOR SPECIFIC RESTRICTIONS ON THE DISTRIBUTION OF APPLICATIONS AND ADVERTISING AND ANY OTHER FORM OF SOLICITATION FOR OWNERSHIP OF A SELLER CREDIT CARD OR A LENDER CREDIT CARD BY A CREDIT CARD ISSUER ON THE CAMPUS OF A PUBLIC INSTITUTION OF HIGHER LEARNING IN THE STATE.

H. 3819 (Word version) -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J. M. Neal, Ott, Phillips, F. N. Smith, Snow, Whatley and Witherspoon: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO PROVIDE THAT, IF REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE.

H. 3998 (Word version) -- Reps. Limehouse, Sharpe, Rhoad, Scarborough, R. Brown, Cato, Meacham-Richardson and J. R. Smith: A JOINT RESOLUTION TO PROVIDE THAT A PERSON MAY NOT OWN, POSSESS, OR OPERATE USED FARM EQUIPMENT THAT WAS IMPORTED FROM A COUNTRY DETERMINED TO BE A THREAT FOR THE SPREAD OF HOOF AND MOUTH DISEASE, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE MUST SEIZE AND DISPOSE OF ANY EQUIPMENT THAT VIOLATES THE PROVISIONS OF THIS JOINT RESOLUTION, AND TO PROVIDE THAT ONCE THE FEDERAL GOVERNMENT DETERMINES A COUNTRY IS CLEAR OF A THREAT OF THIS DISEASE, THEN THE STATE'S BAN ON THE OWNERSHIP, POSSESSION, OR USE OF EQUIPMENT IMPORTED FROM THAT COUNTRY IS RESCINDED.

H. 4097 (Word version) -- Reps. Scarborough, Owens, G. M. Smith, J. Young, Sinclair, D. C. Smith, Talley, Bingham, Weeks, Snow, Haskins, Coates, Allen, Bales, Perry, Rivers, Thompson, White, Bowers, Breeland, R. Brown, Freeman, Harrell, Leach, Limehouse and Merrill: A BILL TO AMEND SECTIONS 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO DEFINITIONS CONCERNING LOBBYISTS AND LOBBYING AND CAMPAIGN PRACTICES, BOTH SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A CAUCUS BASED ON DURATION OF SERVICE IN THE GENERAL ASSEMBLY.

ORDERED TO THIRD READING

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

H. 4121 (Word version) -- Rep. Ott: A BILL TO PROVIDE THAT MEMBERS OF THE CALHOUN COUNTY TRANSPORTATION COMMITTEE, IN PERFORMANCE OF THEIR DUTIES, BE PAID FIFTY DOLLARS FOR EACH MEETING A MEMBER ATTENDS.

S. 315--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.

Rep. MCGEE proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11726AC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 24 of the 1976 Code is amended by adding:

"CHAPTER 13
Offender Employment Preparation Program

Section 24-13-2110. To aid incarcerated individuals with reentry into their home communities of this State, the South Carolina Department of Corrections shall assist inmates in preparing for meaningful employment upon release from confinement. The South Carolina Department of Corrections shall coordinate efforts in this matter with the Employment Security Commission, Department of Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, Alston Wilkes Society, and other private sector entities.

Section 24-13-2120. The Department of Corrections, Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, the Employment Security Commission, and the Alston Wilkes Society shall adopt a memorandum of understanding that establishes the respective responsibilities of each agency. Each agency shall adopt policies and procedures as may be necessary to implement the memorandum of understanding.

Section 24-13-2130. The memorandum of understanding between the South Carolina Department of Corrections, Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, Employment Security Commission, Alston Wilkes Society, and other private sector entities shall establish the role of each agency in:

(1) ascertaining an inmate's opportunities for employment after release from confinement and providing him with vocational and academic education and lifeskills assessments as may be appropriate;

(2) developing skills enhancement programs for inmates, as appropriate;

(3) coordinating job referrals and related services to inmates prior to release from incarceration;

(4) encouraging participation by inmates in the services offered;

(5) developing and maintaining a statewide network of employment referrals for inmates at the time of their release from incarceration and aiding inmates in the securing of employment;

(6) identifying and facilitating other transitional services within both governmental and private sectors;

(7) surveying employment trends within the State and making proposals to the Department of Corrections regarding potential vocational training activities.

Section 24-13-2140. The Department of Corrections shall coordinate the efforts of the affected state agencies through the Program Services Administration. The Department of Corrections shall:

(1) develop such policies and standards as may be necessary for the provision of assessment, training, and referral services;

(2) obtain information from appropriate agencies and organizations affiliated with the services to determine actions that should be undertaken to create or modify these services;

(3) disseminate information about the services throughout the State;

(4) provide information and assistance to other agencies, as may be appropriate or necessary, to carry out the provisions of this chapter;

(5) provide inmates of the Department of Corrections information concerning postrelease job training and employment referral services and information concerning services that may be available from the Department of Alcohol and Other Drug Abuse Services, the Department of Mental Health, and the Office of Veterans Affairs;

(6) prepare an annual report that will be submitted to the directors of each agency that is a party to a memorandum of understanding as provided for in Section 41-38-20;

(7) negotiate with Alston Wilkes Society and private sector entities concerning the delivery of assistance or services to inmates who are transitioning from incarceration to reentering their communities."
SECTION 2. Chapter 31, Title 43 of the 1976 Code is amended by adding:

"Section 43-31-160. In addition to the duties of the Department of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department shall provide services authorized by this chapter to individuals who have committed criminal offenses and are or have been incarcerated in the Department of Corrections when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap to employment."
SECTION 3. This act takes effect upon approval by the Governor; however, the implementation of this act is contingent upon the appropriation of necessary funds to carry out the provisions of the act./
Renumber sections to conform.
Amend totals and 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.

H. 3695--REQUEST FOR DEBATE WITHDRAWN

Rep. WEEKS withdrew his request for debate on H. 3695; however, other requests for debate remained on the Bill.

H. 3968--REQUESTS FOR DEBATE WITHDRAWN, AMENDED AND INTERRUPTED DEBATE

Upon the withdrawal of requests for debate by Reps. MERRILL and WALKER, the following Bill was taken up:

H. 3968 (Word version) -- Reps. J. Brown, Townsend, W. D. Smith, Sandifer, McGee, Robinson, Barrett, Hayes, Simrill, Gourdine, Scott, Cotty, J. E. Smith, Cato, Whipper, Tripp, Coates, Kennedy, Allison, J. H. Neal, Howard, Hosey, Knotts, G. M. Smith, McCraw, Law, Koon, Whatley, Cooper, Bales, Leach, Allen, Altman, Barfield, Battle, Bingham, Bowers, Breeland, R. Brown, Campsen, Chellis, Clyburn, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harrison, Harvin, J. Hines, M. Hines, Huggins, Kelley, Kirsh, Klauber, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Mack, Martin, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Riser, Rivers, Rodgers, Rutherford, Scarborough, Sinclair, F. N. Smith, Snow, Stille, Taylor, Vaughn, Walker, Webb, White, Wilder, Witherspoon and A. Young: A BILL TO AMEND CHAPTER 39, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "DIABETES INITIATIVE OF SOUTH CAROLINA ACT", BY ADDING ARTICLE 2, SO AS TO ENACT THE "DIABETES SCHOOL CARE ACT", TO REQUIRE THE PRINCIPAL AT EACH PUBLIC SCHOOL TO DESIGNATE THREE EMPLOYEES TO BE DIABETES CARE PROVIDERS, TO ALSO AUTHORIZE AS EMPLOYEES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ASSIGNED TO A SCHOOL AND SUBCONTRACTORS TO BE DIABETES CARE PROVIDERS, TO PROVIDE FOR THE TRAINING OF THESE CARE PROVIDERS, TO ESTABLISH THE RESPONSIBILITIES AND THE SCOPE OF AUTHORITY FOR A DIABETES CARE PROVIDER, TO ALLOW A STUDENT WITH DIABETES TO PERFORM GLUCOSE TESTS, ADMINISTER INSULIN, AND TO ATTEND TO THE CARE AND MANAGEMENT OF HIS OR HER DIABETES AND TO POSSESS NECESSARY SUPPLIES AND EQUIPMENT TO CONDUCT THESE FUNCTIONS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO MAKE INFORMATION AND TRAINING MATERIALS AVAILABLE TO PRIVATE SCHOOLS, AND TO PROVIDE THAT A DIABETES CARE PROVIDER ACTING IN ACCORDANCE WITH THIS ARTICLE IS IMMUNE FROM CIVIL AND CRIMINAL LIABILITY AND IS NOT PRACTICING NURSING AND IS EXEMPT FROM ALL APPLICABLE STATUTORY AND REGULATORY PROVISIONS THAT RESTRICT WHAT ACTIVITIES MAY BE DELEGATED TO A PERSON WHO IS NOT A LICENSED MEDICAL PROFESSIONAL; AND TO DESIGNATE SECTIONS 44-39-10 THROUGH 44-39-50 AS ARTICLE 1, CHAPTER 39, TITLE 44 ENTITLED "DIABETES INITIATIVE OF SOUTH CAROLINA" AND TO RENAME CHAPTER 39, TITLE 44 AS "DIABETES".

Rep. J. BROWN proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11704AC01), which was adopted:
Amend the bill, as and if amended, page 2 line, 28 by inserting:

/Diabetes Mellitus School Care Act/

Amend the bill, further, Section 44-39-200 page 2, line 30 before /School/ by inserting /Mellitus/
Amend the bill, further, Section 44-39-220(A)(5) page 3, line 22 by deleting /glucagons/ and inserting /oral medications, glucagon,/.
Amend the bill, further, Section 44-39-220 page 3 by deleting subsections (B) and (c) and inserting:
/(B) Each public school district shall provide or contract for the training provided for in subsection (A) to at least one school employee who must be designated as a diabetes care provider by the principal at each public school that does not employ a full-time registered nurse.

(C) Each public school shall develop a written protocol with procedures to be followed if a student diabetes emergency arises when neither a registered nurse nor a diabetes care provider is available./
Amend the bill, further, beginning on page 3 by deleting Section 44-39-230(A) and (B) and inserting:
/ (A) In accordance with the written instructions of the physician of a student with diabetes, diabetes care providers shall perform functions including, but not limited to:

(1) administering glucagon in an emergency situation;

(2) assisting a student in administering insulin through the insulin delivery system the student uses;

(3) assisting a student in administering other oral diabetes medications;

(4) assisting a student in performing and recording blood glucose testing and ketone testing or assisting a student with such testing; and

(5) following instruction regarding meals, snacks, and physical education.

However, a diabetes care provider may only perform such functions if the student's parent or guardian has informed the school that the student has diabetes mellitus.

(B) A diabetes care provider must be on site and available to assist or to provide care to students with diabetes as set forth in subsection (A) during regular school hours./
Amend the bill, further, by deleting Section 44-39-240(C) and inserting:
/(C) a student with diabetes may not be denied access or prohibited from participating in school activities and programs including, but not limited to, school-sponsored before-school programs, after school care programs, field trips, and extracurricular activities.
(D) Each public school district shall develop a policy to implement the provisions of this article./
Amend the bill, further, by deleting Section 3 of the bill in its entirety and inserting:
/SECTION 3. Notwithstanding the provisions of Section 44-39-220 of the 1976 Code as added by Section 1 of this act, the training required to be provided pursuant to that section for school employees is not required to be implemented until one year after this act's effective date.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. W. D. SMITH explained the amendment.

Rep. COTTY spoke in favor of the amendment.
Rep. W. D. SMITH spoke in favor of the amendment.

The amendment was then adopted.

Rep. HINSON proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\AMEND\11730AC01):
Amend the bill, as and if amended, page 5, immediately after line 18 by inserting:
/ Section 44-39-260. This article does not apply to a public school that has a full time nurse on the premises or has a program or procedures in place that comply with federal law and regulations with regard to the school's role and responsibility providing assistance to students with diabetes./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HINSON explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 5, Rep. HINSON having the floor.

H. 3695--REQUESTS FOR DEBATE WITHDRAWN

Reps. G. M. SMITH and SINCLAIR withdrew their requests for debate on H. 3695; however, other requests for debate remained on the Bill.

H. 3703--OBJECTION WITHDRAWN

Rep. SIMRILL withdrew his objection to H. 3703; however, other objections and requests for debate remained on the Bill.

H. 3968--REQUEST FOR DEBATE WITHDRAWN

Rep. DAVENPORT withdrew his request for debate on the following Bill:

H. 4042--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

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

H. 4042 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL AND PERSONAL PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO REVISE THE DEBTOR'S INTEREST IN A MOTOR VEHICLE SO THE AMOUNT TRACKS THE EXEMPTED AMOUNT IN FEDERAL LAW.

H. 3602--NON-CONCURRENCE IN SENATE AMENDMENTS

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

H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.

Rep. TOWNSEND explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

S. 163--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

S. 163 (Word version) -- Senators Martin and Reese: A BILL TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM FROM TWENTY-FIVE THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS IN A FISCAL YEAR.

Rep. RISER explained the Senate Amendments.

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

MOTION PERIOD

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

H. 3693--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of amendments:

H. 3693 (Word version) -- Reps. Campsen, Cato, Delleney, Easterday, Hamilton, Leach, Robinson, White, Cooper, Simrill, Klauber, Owens, Gilham, Talley and Loftis: A BILL TO ENACT THE "UNBORN VICTIMS ACT OF 2001" INCLUDING PROVISIONS TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.

Rep. CAMPSEN moved to adjourn debate on the Bill until Thursday, May 17, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

H. 3968--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5, Rep. HINSON having the floor:

Rep. HINSON proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\AMEND\11730AC01), which was tabled:
Amend the bill, as and if amended, page 5, immediately after line 18 by inserting:
/ Section 44-39-260. This article does not apply to a public school that has a full time nurse on the premises or has a program or procedures in place that comply with federal law and regulations with regard to the school's role and responsibility providing assistance to students with diabetes./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HINSON continued speaking.
Rep. W. D. SMITH spoke against the amendment.

Rep. MILLER moved to commit the Bill to the Committee on Education and Public Works.

Rep. J. BROWN moved to table the motion, which was agreed to.

Rep. HINSON spoke in favor of the amendment.

Rep. W. D. SMITH moved to table the amendment.

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

Yeas 63; Nays 42

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Breeland               Brown, G.
Brown, J.              Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cotty                  Delleney               Edge
Emory                  Fleming                Hamilton
Harrell                Harrison               Haskins
Hines, J.              Keegan                 Kelley
Kennedy                Leach                  Lee
Limehouse              Lloyd                  Lourie
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Neal, J.H.
Ott                    Parks                  Perry
Phillips               Rhoad                  Riser
Rutherford             Sandifer               Simrill
Sinclair               Smith, D.C.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stuart                 Trotter                Vaughn
Walker                 Webb                   Whatley
Wilkins                Young, A.              Young, J.

Total--63

Those who voted in the negative are:

Battle                 Bowers                 Brown, R.
Campsen                Carnell                Cato
Cooper                 Dantzler               Davenport
Easterday              Freeman                Frye
Gilham                 Hinson                 Jennings
Kirsh                  Klauber                Knotts
Koon                   Law                    Littlejohn
Loftis                 McLeod                 Merrill
Miller                 Neal, J.M.             Owens
Rice                   Rivers                 Robinson
Rodgers                Scarborough            Sharpe
Sheheen                Smith, G.M.            Talley
Taylor                 Thompson               Tripp
Weeks                  White                  Wilder

Total--42

So, the amendment was tabled.

Reps. SIMRILL and G. M. SMITH proposed the following Amendment No. 7 (Doc Name COUNCIL\GGS\AMEND\ 22107CM01), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 5, by adding after line 18:
/ Section 44-39-260. All costs associated with implementing the provisions contained in this article must be borne by the State through an annual appropriation from the state general fund or through private funding. To the extent that a school district incurs any expenses that are not paid for by the State, the provisions in this article that apply to that school district are suspended. /
Amend title to conform.

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

POINT OF ORDER

Rep. LOFTIS raised the Point of Order that in accordance with Rule 4.4, H. 3968 directly appropriated money and should first be referred to the Committee on Ways and Means before being considered by the House.
SPEAKER WILKINS stated that the Bill did not directly appropriate money and he therefore overruled the Point of Order.

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Yeas 100; Nays 0

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hayes
Hines, J.              Hinson                 Howard
Huggins                Jennings               Keegan
Kelley                 Kennedy                Klauber
Knotts                 Koon                   Leach
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Neal, J.H.             Neal, J.M.             Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Rivers                 Robinson               Sandifer
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Walker                 Webb
Weeks                  Whatley                White
Wilder                 Wilkins                Young, A.
Young, J.

Total--100

Those who voted in the negative are:

Total--0

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

MOTION PERIOD

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

OBJECTION TO RECALL

Rep. FLEMING asked unanimous consent to recall H. 3965 from the Committee on Judiciary.
Rep. COBB-HUNTER objected.

H. 3719--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3719 (Word version) -- Reps. Harrison, Wilkins, Townsend, W. D. Smith, Huggins, Littlejohn, Lourie, Gilham, Webb, Martin, Lloyd, D. C. Smith, McLeod and Snow: A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE MANDATORY USE OF SEAT BELTS IN AUTOMOBILES, SO AS TO REQUIRE ALL PERSONS REGARDLESS OF AGE TO WEAR A SEAT BELT OR BE SECURED IN A CHILD RESTRAINT SYSTEM AS APPROPRIATE, TO MAKE CONFORMING CHANGES, TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS FOR OCCUPANTS SEVENTEEN YEARS OF AGE OR YOUNGER, TO INCREASE THE FINE, AND TO IMPOSE THE FINE ON THE DRIVER OF THE VEHICLE IF AN OCCUPANT SEVENTEEN YEARS OF AGE OR YOUNGER IS NOT WEARING A SEAT BELT OR SECURED IN A CHILD RESTRAINT SYSTEM.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\ 18382SOM01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-6520 of the 1976 Code is amended to read:

"Section 56-5-6520. The driver and every occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, ~~shall~~ must wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant ~~over~~ six years of age up to and under ~~seventeen~~ eighteen years of age to wear a safety belt or be secured in a child restraint system as provided in Article 47 of this chapter."
SECTION 2. Section 56-5-6540 of the 1976 Code is amended to read:

"Section 56-5-6540. (A) A person violating the provisions of this article, upon conviction, must be fined not more than ~~ten~~ twenty-five dollars, all or part of which may be suspended. No court costs, assessments, or surcharges may be assessed against the person convicted. No person may be fined more than ~~twenty~~ fifty dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.

(B) A law enforcement officer may not stop and issue a citation to a driver solely for a violation of this article in the absence of another violation of the motor vehicle laws except when a driver under the age of eighteen years or an occupant of the motor vehicle under the age of eighteen years of age is not wearing a safety belt or is not secured in a child restraint system as required by Article 47, or except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(C) A violation of this article does not constitute negligence per se or contributory negligence and is not admissible as evidence in a civil action.

(D) Probable cause for a violation of this article must be based on a law enforcement officer's clear and unobstructed view of a person under the age of eighteen not restrained as required by this article. No vehicle, driver, or occupant in a vehicle may be searched solely as a result of a violation of this article."
SECTION 3. This act takes effect July 1, 2001, and applies to all offenses committed on or after that date. /
Amend further by striking the title in its entirety and inserting:

/ A BILL

TO AMEND SECTIONS 56-5-6520 AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE USE OF SAFETY BELTS IN MOTOR VEHICLES, SO AS TO PROVIDE THE DRIVER IS CHARGED WITH THE RESPONSIBILITY OF REQUIRING EACH OCCUPANT SIX YEARS OF AGE UP TO AND UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR BE SECURED IN A CHILD RESTRAINT SYSTEM, TO INCREASE THE FINE, TO PROVIDE LAW ENFORCEMENT MAY STOP A DRIVER WHEN A DRIVER UNDER THE AGE OF EIGHTEEN OR AN OCCUPANT UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SAFETY BELT OR IS NOT SECURED IN A CHILD RESTRAINT SYSTEM, AND TO PROVIDE THAT PROBABLE CAUSE FOR A VIOLATION OF THIS ARTICLE MUST BE BASED ON A LAW ENFORCEMENT OFFICER'S CLEAR AND UNOBSTRUCTED VIEW OF A PERSON UNDER THE AGE OF EIGHTEEN NOT RESTRAINED AS REQUIRED BY THIS ARTICLE. /

Rep. TOWNSEND explained the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

Rep. TOWNSEND moved that the House recede until 2:30 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 1.

THE HOUSE RESUMES

At 2:30 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER RICE IN CHAIR
POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR
H. 3719--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\ 18382SOM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-6520 of the 1976 Code is amended to read:

(C) A violation of this article does not constitute negligence per se or contributory negligence and is not admissible as evidence in a civil action.

/ A BILL

The amendment was then adopted.

Rep. SCARBOROUGH proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\AMEND\11685AC01), which was tabled:
Amend the bill, as and if amended, Section 56-5-6520 page [3719-1], line 36 by deleting /~~seventeen~~ eighteen/ and inserting /~~seventeen~~ thirteen/.
Amend the bill, further, Section 59-5-6540(B) page [3719-2], line 17 by deleting /eighteen/ and inserting /thirteen/.
Amend the bill, further, Section 56-5-6540(D) page [3719-2], line 30 by deleting /eighteen/ and inserting /thirteen/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. SCARBOROUGH explained the amendment.

Rep. SCARBOROUGH spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. ALTMAN spoke in favor of the amendment.
Rep. ALTMAN spoke in favor of the amendment.

Rep. LOURIE moved to table the amendment.

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

Yeas 71; Nays 34

Those who voted in the affirmative are:

Allen                  Allison                Bales
Barrett                Battle                 Campsen
Carnell                Chellis                Clyburn
Cobb-Hunter            Coleman                Cotty
Dantzler               Delleney               Edge
Emory                  Fleming                Freeman
Frye                   Gilham                 Govan
Harrison               Hayes                  Hines, M.
Hosey                  Howard                 Jennings
Keegan                 Kelley                 Kennedy
Knotts                 Koon                   Law
Leach                  Lee                    Lourie
Lucas                  Martin                 McCraw
McGee                  Miller                 Neal, J.H.
Neal, J.M.             Ott                    Parks
Rice                   Riser                  Rivers
Rodgers                Sandifer               Scott
Sheheen                Sinclair               Smith, D.C.
Smith, F.N.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Walker                 Webb
Whatley                White                  Wilder
Wilkins                Young, A.

Total--71

Those who voted in the negative are:

Altman                 Barfield               Bowers
Brown, G.              Brown, R.              Cato
Coates                 Davenport              Easterday
Haskins                Hines, J.              Hinson
Kirsh                  Klauber                Limehouse
Littlejohn             Lloyd                  Loftis
Meacham-Richardson     Merrill                Owens
Perry                  Quinn                  Robinson
Scarborough            Sharpe                 Simrill
Smith, G.M.            Snow                   Tripp
Trotter                Vaughn                 Weeks
Young, J.

Total--34

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\AMEND\20641SD01):
Amend the bill, as and if amended, in Section 56-5-6540 of the 1976 Code, by adding a new subsection to be appropriately lettered to read:

/( ) The Department of Public Safety and local law enforcement agencies may not use a 'Click It or Ticket' campaign or a similar endeavor of systematic traffic stops as a law enforcement tool whose principal purpose is to detect and issue tickets to violators of the provisions of this article on either a primary or secondary basis. Any traffic citations issued as a result of this prohibition are null and void as being issued contrary to the public policy of this State. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 6 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W.D. SMITH overruled the Point of Order.

Rep. ALTMAN continued speaking.
Rep. ALTMAN spoke in favor of the amendment.

Rep. ALTMAN moved to adjourn debate on the amendment, which was agreed to.

Rep. QUINN proposed the following Amendment No. 13 (Doc Name COUNCIL\GJK\AMEND\20643SD01), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ___. The 1976 Code is amended by adding:

"Section 56-5-6525. The Department of Public Safety or other law enforcement agencies may not use a 'Click It or Ticket' campaign or a similar endeavor of systematic traffic stops as a law enforcement tool whose principal purpose is to detect and issue tickets to violators of the provisions of this article on either a primary or secondary basis."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. QUINN explained the amendment.

Rep. TOWNSEND spoke in favor of the amendment.
Rep. KNOTTS spoke against the amendment.
Rep. GOVAN spoke against the amendment.
Rep. GOVAN spoke against the amendment.

The amendment was then adopted.

Rep. EASTERDAY moved to commit the Bill to the Committee on Judiciary.

Rep. TOWNSEND moved to table the motion.

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

Yeas 66; Nays 41

Those who voted in the affirmative are:

Allison                Bales                  Bingham
Brown, G.              Brown, J.              Carnell
Chellis                Cotty                  Dantzler
Edge                   Emory                  Fleming
Frye                   Gilham                 Govan
Harrell                Harrison               Harvin
Hines, J.              Hines, M.              Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Knotts                 Koon                   Law
Lee                    Lloyd                  Lourie
Lucas                  Martin                 McCraw
McLeod                 Neal, J.H.             Neal, J.M.
Ott                    Owens                  Parks
Quinn                  Rhoad                  Rice
Riser                  Rivers                 Rodgers
Sandifer               Sheheen                Sinclair
Smith, J.E.            Smith, J.R.            Smith, W.D.
Stille                 Stuart                 Thompson
Townsend               Walker                 Webb
Whatley                White                  Wilder
Wilkins                Young, A.              Young, J.

Total--66

Those who voted in the negative are:

Allen                  Altman                 Barfield
Barrett                Battle                 Bowers
Breeland               Brown, R.              Cato
Coates                 Coleman                Davenport
Delleney               Easterday              Freeman
Hamilton               Haskins                Hayes
Hinson                 Kirsh                  Klauber
Leach                  Limehouse              Littlejohn
Loftis                 McGee                  Meacham-Richardson
Merrill                Miller                 Perry
Robinson               Scarborough            Sharpe
Simrill                Smith, D.C.            Smith, F.N.
Smith, G.M.            Talley                 Trotter
Vaughn                 Weeks

Total--41

So, the motion to commit the Bill was tabled.

SPEAKER IN CHAIR

Reps. TOWNSEND, MARTIN, STILLE and LOURIE proposed the following Amendment No. 15 (Doc Name COUNCIL\NBD\AMEND\ 11720AC01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 56-5-6410 of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"Section 56-5-6410. Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) ~~registered in this State or primarily~~ operated on the highways and streets of this State when transporting a child under six years of age upon the public streets and highways of the State ~~shall~~ must provide an appropriate child passenger restraint system and ~~shall~~ must secure the child as follows:

(1) ~~Any~~ A child ~~three years of age or less~~ from birth to twenty pounds and one year of age must be properly secured in a rear facing child ~~restraint system~~ safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.

(2) ~~Any~~ A child ~~four or five years of age~~ who is between twenty pounds and one year of age to forty pounds and age four must be secured ~~by a~~ in a forward facing child safety ~~belt~~ seat provided in the motor vehicle ~~unless properly secured in a child restraint system~~ which meets the standards prescribed by the National Highway Traffic Safety Administration.

(3) A child up to the age of six years who is between forty and eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.

(4) If a child up to the age of six years is over eighty pounds, the child may be restrained in an adult seat belt. If a child under the age of six years can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be moved out of the booster seat into the regular back seat and secured by the adult seat belt.

(5) A child under six years of age may not occupy a front passenger seat of a motor vehicle. This restriction does not apply if the motor vehicle does not have rear passenger seats or if all rear passenger seats are occupied by other children under six years of age.

Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."/
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. OTT proposed the following Amendment No. 16 (Doc Name COUNCIL\NBD\AMEND\11765AC01), which was adopted:
Amend the bill, as and if amended, Section 56-5-6520 by adding at the end of the section:
/However, a driver is not responsible for an occupant under eighteen years of age who has a driver's license or beginner's permit and who is not wearing a seatbelt; such occupant is in violation of this article and must be fined in accordance with Section 56-5-640. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. LOFTIS proposed the following Amendment No. 17 (Doc Name COUNCIL\GJK\AMEND\20677SD01), which was ruled out of order:
Amend the bill, as and if amended, by adding the following new SECTIONS appropriately numbered to read:
/SECTION ___. Section 56-5-3660 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-3660. It shall be unlawful for any person under the age of ~~twenty-one~~ eighteen to operate or ride upon a two-wheeled motorized vehicle unless he wears a protective helmet of a type approved by the department. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof. The department is hereby authorized to adopt and amend regulations covering the types of helmets and the specifications therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder."
SECTION ____. Section 56-5-3670 of the 1976 Code, as last amended by Act 183 of 1991, is further amended to read:

"Section 56-5-3670. It shall be unlawful for any person under the age of ~~twenty-one~~ eighteen to operate a two-wheeled motorized vehicle unless he wears goggles or a face shield of a type approved by the department. The department is hereby authorized to adopt and amend regulations covering types of goggles and face shields and the specifications therefor and to establish and maintain a list of approved goggles and face shields which meet the specifications as established hereunder." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. LOFTIS explained the amendment.

POINT OF ORDER

Rep. KNOTTS raised the Point of Order that Amendment No. 17 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Reps. ROBINSON and ALTMAN proposed the following Amendment No. 18 (Doc Name GJK\AMEND\20680SD01), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. (A) Section 56-1-140 of the 1976 Code is amended to read:

"Section 56-1-140. Upon the payment of a fee of twelve dollars and fifty cents, the department shall issue to every qualified applicant a driver's license as applied for. The license must bear on it a distinguishing number assigned to the licensee, the full name~~, date of birth,~~ and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license. "
(B) The provisions of Section 56-1-140 of the 1976 Code as amended by this act apply to drivers' licenses issued after the effective date of this act. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

POINT OF ORDER

Rep. KNOTTS raised the Point of Order that Amendment No. 18 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment did not meet the substantial effect test of Rule 9.3. He therefore sustained the Point of Order and ruled the amendment out of order.

Reps. ROBINSON and ALTMAN proposed the following Amendment No. 19 (Doc Name GJK\AMEND\20679SD01), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. The 1976 Code is amended by adding:

"Section 56-5-6535. A law enforcement officer at license checkpoints or when making a traffic stop one purpose of which may be to charge the driver of a motor vehicle with violation of the safety belt laws of this State must warn the driver that furnishing age information to that officer could result in the driver being charged with safety belt violations." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

POINT OF ORDER

Rep. TOWNSEND raised the Point of Order that Amendment No. 19 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. ROBINSON continued speaking.

Rep. TOWNSEND moved to table the amendment.

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

Yeas 70; Nays 37

Those who voted in the affirmative are:

Allen                  Allison                Bales
Battle                 Bingham                Breeland
Brown, G.              Brown, J.              Carnell
Clyburn                Cobb-Hunter            Cotty
Dantzler               Edge                   Emory
Freeman                Frye                   Gilham
Govan                  Harrison               Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Huggins                Jennings
Keegan                 Kelley                 Kennedy
Knotts                 Koon                   Law
Lee                    Lloyd                  Lourie
Lucas                  Martin                 McCraw
McLeod                 Miller                 Neal, J.H.
Neal, J.M.             Ott                    Owens
Parks                  Rhoad                  Riser
Rivers                 Rodgers                Sandifer
Scott                  Sheheen                Smith, D.C.
Smith, F.N.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Taylor                 Thompson
Townsend               Walker                 Webb
Whatley                Wilder                 Wilkins
Young, A.

Total--70

Those who voted in the negative are:

Altman                 Barfield               Barrett
Bowers                 Brown, R.              Campsen
Cato                   Chellis                Coates
Davenport              Delleney               Easterday
Hamilton               Harrell                Haskins
Hinson                 Kirsh                  Klauber
Leach                  Limehouse              Littlejohn
Loftis                 McGee                  Meacham-Richardson
Merrill                Perry                  Rice
Robinson               Scarborough            Simrill
Smith, G.M.            Talley                 Trotter
Vaughn                 Weeks                  White
Young, J.

Total--37

So, the amendment was tabled.

Rep. KNOTTS proposed the following Amendment No. 22 (Doc Name COUNCIL\BBM\AMEND\10419HTC01), which was adopted:
Amend the bill, as and if amended, by inserting an appropriately numbered SECTION to read:
/ Section 56-5-6530 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( ) a driver or occupants in a vehicle not originally equipped with safety belts." /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. MOODY-LAWRENCE proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\AMEND\5356SD01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
\ SECTION__. For a period of one year after the effective date of this Act, all law enforcement agencies making traffic stops where a violation of the seat beat laws or child restraint system laws of this State are charged, shall keep a record of the circumstances surrounding each stop and the reasons the violator was stopped. The agencies shall then report this information to the Department of Public Safety which shall compile and forward it to the General Assembly for its review.\
Renumber sections to conform.
Amend title to conform.

Rep. TOWNSEND explained the amendment.

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

Rep. KNOTTS proposed the following Amendment No. 21 (Doc Name COUNCIL\BBM\AMEND\10415HTC01), which was tabled:
Amend the bill, as and if amended, in Section 56-5-6410, as contained in the unnumbered SECTION added by the amendment offered by Representatives Townsend, et al, document number NBD/AMEND/11720AC01, designated Amendment Number 15, as and if amended, by striking item (5) and inserting:

/ (5) A child under six years of age may not occupy a front passenger seat of a motor vehicle. This restriction does not apply if the motor vehicle does not have rear passenger seats, if all rear passenger seats are occupied by other children under six years of age, or if the vehicle is not equipped with a passenger side airbag. /
Amend title to conform.

Rep. KNOTTS explained the amendment.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 21 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. KNOTTS continued speaking.
Rep. ALTMAN spoke against the amendment.

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

Rep. ALTMAN proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\AMEND\20641SD01), which was tabled:
Amend the bill, as and if amended, in Section 56-5-6540 of the 1976 Code, by adding a new subsection to be appropriately lettered to read:

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

Rep. ALTMAN spoke against the Bill.
Rep. SCARBOROUGH spoke against the Bill.
Rep. EASTERDAY spoke against the Bill.
Rep. SIMRILL spoke against the Bill.
Rep. KNOTTS spoke against the Bill.
Rep. OWENS spoke against the Bill.
Rep. KLAUBER spoke against the Bill.
Rep. ROBINSON spoke against the Bill.

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

Yeas 80; Nays 33

Those who voted in the affirmative are:

Allison                Bales                  Barfield
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Carnell                Chellis                Clyburn
Coates                 Cobb-Hunter            Cotty
Edge                   Emory                  Fleming
Frye                   Gilham                 Govan
Harrell                Harrison               Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Knotts                 Koon
Lee                    Lloyd                  Lourie
Lucas                  Martin                 McCraw
McGee                  McLeod                 Miller
Neal, J.H.             Neal, J.M.             Ott
Parks                  Quinn                  Rhoad
Rice                   Riser                  Rivers
Rodgers                Sandifer               Scott
Sheheen                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Walker
Webb                   Weeks                  Whatley
White                  Wilder                 Wilkins
Young, A.              Young, J.

Total--80

Those who voted in the negative are:

Allen                  Altman                 Barrett
Brown, R.              Campsen                Cato
Cooper                 Dantzler               Davenport
Delleney               Easterday              Freeman
Hamilton               Haskins                Hinson
Kirsh                  Klauber                Law
Leach                  Limehouse              Littlejohn
Loftis                 Meacham-Richardson     Merrill
Owens                  Perry                  Robinson
Scarborough            Sharpe                 Simrill
Smith, F.N.            Trotter                Vaughn

Total--33

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

H. 3117--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., Wednesday, May 16, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3117:

H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
and asks for a Committee of Conference and has appointed Senators Ryberg, Gregory and Short of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. STUART, RODGERS and J. HINES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

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

ADJOURNMENT

At 5:55 p.m. the House, in accordance with the motion of Rep. LOURIE, adjourned in memory of William "Bill" Russell Floyd, husband of Sophia Floyd, Executive Secretary of the Interstate Cooperation Committee, to meet at 10:00 a.m. tomorrow.

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