Indicates Matter Stricken
Indicates New Matter

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

O God, the Giver of all good gifts, grant us the ability to know what is worth knowing, to love that which is worth loving, and to praise that which pleases You, to hold fast to that which is precious to You, and to reject that which is evil in Your sight. Teach us to value things according to their true worth, and enable us to honor You by our obedience to Your will. May we willingly except the discipline of our work and through it confidently to declare our faith. Direct us with Your most gracious favor, and further us with Your continual help. Thank You, Lord, for this privilege of 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.

Rep. SCARBOROUGH moved that when the House adjourns, it adjourn in memory of Rufus C. Barkley, Jr. of Charleston, which was agreed to.

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

H. 3996 (Word version) -- Reps. Edge, Harrison and Jennings: A BILL TO AMEND CHAPTER 37, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENTS, BY ADDING SECTION 5-37-46 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 5-37-45 DO NOT APPLY TO ANY AREA PROPOSED FOR INCLUSION WITHIN AN IMPROVEMENT DISTRICT WHICH, WITHIN THREE YEARS PRIOR TO THE DATE OF THE ADOPTION OF THE RESOLUTION REQUIRED BY SECTION 5-37-50, IS SUBJECT TO A DEVELOPMENT AGREEMENT PURSUANT TO THE SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT.
Ordered for consideration tomorrow.

The following was introduced:

H. 4186 (Word version) -- Reps. J. Young, G. Brown, J. H. Neal, G. M. Smith and Weeks: A HOUSE RESOLUTION TO COMMEND THE MEMBERS AND COACHES OF THE WILSON HALL BARONS, FROM SUMTER, SOUTH CAROLINA, UPON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) AAA REGION BASEBALL STATE CHAMPIONSHIP AND TO RECOGNIZE THEM FOR SUCH AN OUTSTANDING SEASON.

The Resolution was adopted.

The following was introduced:

H. 4187 (Word version) -- Reps. G. M. Smith, G. Brown, J. H. Neal, Weeks and J. Young: A HOUSE RESOLUTION EXPRESSING THE SORROW OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA AT THE UNTIMELY DEATH OF LEWIS HEYWARD FORT OF SUMTER ON MAY 14, 2001, AND EXTENDING ITS SINCERE SYMPATHY TO HIS FAMILY AND FRIENDS.

The Resolution was adopted.

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

S. 601 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PERSONS WHO SELL PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO PROVIDE THAT SUCH PERSONS MUST REGISTER AND REPORT TO THE DEPARTMENT OF CONSUMER AFFAIRS, RATHER THAN TO THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-5-80, AS AMENDED, RELATING TO REQUIREMENTS TO OBTAIN A LICENSE TO CONDUCT INSURANCE BUSINESS IN THIS STATE, SO AS TO CLARIFY WHAT BOOKS AND RECORDS OF AN INSURER MUST BE MAINTAINED IN THIS STATE; TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO INCLUDE NEW DEFINITIONS AND REVISE CERTAIN EXISTING DEFINITIONS; TO AMEND SECTION 38-31-60, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION'S OBLIGATION TO AN INSURED CEASES WHEN TEN MILLION DOLLARS HAS BEEN PAID TO OR ON BEHALF OF THE INSURED AND TO ALLOW FOR ALLOCATION OF PAYMENTS WHEN THERE IS MORE THAN ONE CLAIMANT WITH A COVERED CLAIM; TO AMEND SECTION 38-31-70, AS AMENDED, RELATING TO THE PLAN OF OPERATION FOR THE ADMINISTRATION OF THE GUARANTY ASSOCIATION, SO AS TO AUTHORIZE REPORTING AND THE DELEGATION OF CERTAIN AUTHORITY TO AN ASSOCIATION SIMILAR TO THE GUARANTY ASSOCIATION; TO AMEND SECTION 38-31-90, AS AMENDED, RELATING TO RIGHTS OF THE GUARANTY ASSOCIATION REGARDING CLAIMANTS PAID AND ASSETS OF INSOLVENT INSURERS, SO AS TO PROVIDE THAT THE ASSOCIATION HAS THE RIGHT TO RECOVER THE AMOUNT OF A CLAIM PAID FROM CERTAIN INSUREDS AND AFFILIATES OF AN INSOLVENT INSURER; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO PROCEDURES REQUIRED TO BE FOLLOWED BY PERSONS ASSERTING CLAIMS AND TO LIMITATIONS ON CLAIMS, SO AS TO REVISE THESE PROVISIONS; TO AMEND SECTION 38-39-90, AS AMENDED, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES AND THE CREDITING OF RETURN PREMIUMS WHICH RESULT IN A SURPLUS, SO AS TO ALLOW A REFUND OF SURPLUS TO AN AGENT OF AN INSURED AND TO PROVIDE THAT NO REFUND IS REQUIRED IF IT AMOUNTS TO LESS THAN FIVE DOLLARS, RATHER THAN THREE DOLLARS; TO AMEND SECTION 38-43-80, AS AMENDED, RELATING TO LICENSE FEES FOR AGENTS OF INSURERS, SO AS TO PROVIDE THAT FEES MUST BE PAID AS PRESCRIBED BY THE DEPARTMENT, RATHER THAN PAID IN ADVANCE; TO AMEND SECTION 38-55-30, AS AMENDED, RELATING TO THE AMOUNT OF RISK THAT AN INSURER OR CAPTIVE INSURER MAY EXPOSE ITSELF TO, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO CAPTIVE INSURERS; TO AMEND SECTION 38-71-1370, AS AMENDED, RELATING TO THE APPLICATION OF GROUP ACCIDENT AND HEALTH INSURANCE PROVISIONS TO SMALL EMPLOYER INSURERS, SO AS TO EXCLUDE COVERAGE TO LATE ENROLLEES FOR A PERIOD OF TIME; TO AMEND SECTION 38-71-1980, RELATING TO EXPEDITED EXTERNAL REVIEWS, SO AS TO CHANGE AN INTERNAL CROSS REFERENCE; TO AMEND SECTION 38-87-40, AS AMENDED, RELATING TO REQUIREMENTS FOR OUT-OF-STATE CHARTERED RISK RETENTION GROUPS TO DO BUSINESS IN SOUTH CAROLINA, SO AS TO PROVIDE THAT SUCH GROUP IS SUBJECT TO TAXATION AS AN ADMITTED INSURER WOULD BE, RATHER THAN AS A FOREIGN ADMITTED INSURER WOULD BE; TO AMEND SECTION 38-90-60, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO CHANGE A CROSS REFERENCE; TO AMEND SECTION 38-90-140, RELATING TO TAX PAYMENTS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT THESE TAXES MUST BE PAID TO THE DEPARTMENT OF INSURANCE RATHER THAN TO THE DIRECTOR OF THE DEPARTMENT; TO AMEND SECTION 38-90-180, RELATING TO THE APPLICATION OF CERTAIN PROVISIONS OF THE REHABILITATION AND LIQUIDATION ACT TO CAPTIVE INSURANCE COMPANIES, SO AS TO ALSO APPLY CERTAIN PROVISIONS OF THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT TO THESE COMPANIES; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO PROCEDURES THAT MOTOR VEHICLE INSUREDS AND INSURERS MUST FOLLOW IF A MOTOR VEHICLE SUBJECT TO FINANCIAL RESPONSIBILITY REQUIREMENTS BECOMES UNINSURED, SO AS TO PROVIDE THAT NOTICE MUST BE GIVEN TO THE DEPARTMENT OF INSURANCE IF THE LAPSE OR TERMINATION OCCURRED WITHIN THREE MONTHS OF THE ISSUANCE OF A NEW POLICY; AND TO AMEND SECTION 56-10-280, AS AMENDED, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO PROVIDE THAT IF A CHECK TENDERED BY THE INSURED IS RETURNED FOR INSUFFICIENT FUNDS, THE CANCELLATION IS EFFECTIVE AS OF THE POLICY INCEPTION OR RENEWAL DATE.
Referred to Committee on Labor, Commerce and Industry

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Coleman                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Hamilton               Harrell
Harrison               Haskins                Hayes
Hines, J.              Hines, M.              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                 Neal, J.M.             Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Rivers                 Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Vaughn                 Walker                 Webb
Weeks                  Whatley                Whipper
White                  Wilder                 Wilkins
Young, A.              Young, J.

I came in after the roll call and was present for the Session on Thursday, May 24.

William Bowers                    Vincent Sheheen
John Scott                        Ralph Davenport
Joseph Neal                       Gilda Cobb-Hunter
Bessie Moody-Lawrence             Harry Askins
Fletcher Smith                    Jerry Govan
Todd Rutherford                   Richard Quinn
Alex Harvin

Announcement was made that Dr. Gerald Wilson of Columbia is the Doctor of the Day for the General Assembly.

Reps. LOURIE, COTTY, SCOTT and HOWARD presented to the House the Richland Northeast High School Model United Nations Team, winners for the twelfth straight year of the International Championship; the Richland Northeast High School Scholastic Aptitude Test Academic Team, the 2001 Class AAAA Scholastic Aptitude Test Champions, their coaches and other school officials.

Reps. CHELLIS and A. YOUNG presented to the House the Summerville High School Boys' Track Team, the Class AAAA Champions, their coaches and other school officials.

Rep. WILKINS and the Greenville Delegation presented to the House the Christ's Church Episcopal School Boys' Golf Team, Girls' Soccer Team, Boys' Soccer Team, Boys' Tennis Team and the SAT Team for winning the State Championship in their respective sports and academic endeavors, their coaches and other school officials.

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

Bill Number:     H. 3010 (Word version)
Date:     ADD:
05/24/01     OWENS

Bill Number:     H. 3007 (Word version)
Date:     ADD:
05/24/01     COBB-HUNTER

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 627 (Word version) -- Senator Saleeby: A BILL TO PROVIDE FOR THE BUDGET AND TAX LEVIES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR, AND TO PROVIDE FOR THE MANNER OF ELECTION OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR; AND TO PROVIDE THAT FLORENCE COUNTY SCHOOL DISTRICT FOUR IS EXEMPTED FROM THE REQUIREMENTS OF ACT 806 OF 1952, AS AMENDED, RELATING TO THE ELECTION OF SCHOOL BOARD TRUSTEES, BUDGETS, AND APPROVAL OF TAX LEVIES.

S. 87 (Word version) -- Senators Ravenel, Branton, Passailaigue, McGill, Mescher and Elliott: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-443 SO AS TO PROHIBIT SHOOTING A WEAPON, ARCHERY EQUIPMENT, OR OTHER DEVICE THAT SHOOTS OR HURLS A PROJECTILE INTO OR ACROSS PRIVATE PROPERTY WITHOUT THE OWNER'S PERMISSION, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS.

The following Bill was taken up:

H. 3925 (Word version) -- Rep. Kelley: A BILL TO PROVIDE THAT THE PALMETTO ACHIEVEMENT CHALLENGE TEST (PACT) SHALL BE ADMINISTERED ANNUALLY IN THE HORRY COUNTY SCHOOL SYSTEM ON THE DAY FOLLOWING COMPLETION OF THE DISTRICT'S ONE HUNDRED SIXTIETH DAY OF STUDENT INSTRUCTION WITH THE MAKE-UP TEST TO BE TWO WEEKS LATER.

Reps. KELLEY, KEEGAN, EDGE and MILLER proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\ 20717SD01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION     1.     Notwithstanding any other provision of law, the Palmetto Achievement Challenge Test (PACT) shall be administered annually in the Horry County School System beginning on the day following completion of the district's one hundred sixtieth day of student instruction if sufficient time remains during that week to complete the test. If sufficient time does not remain during that week to complete the test, it shall be administered at the beginning of the following week. The make-up test shall begin two weeks later.

However, if the dates required by this section in any year are earlier than the dates set by the State Board of Education through the Department of Education for the administration of the Palmetto Achievement Challenge Test in other school districts of this state for that year, the governing board of the school system shall reschedule the administration of the PACT Test in the county to the earliest dates that will be after the statewide administration of the test and that will allow completion of the test during the same week. /
Renumber sections to conform.
Amend totals and title to conform.

The amendment was then adopted.

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

On motion of Rep. KELLEY, with unanimous consent, it was ordered that H. 3925 be read the third time tomorrow.

Rep. WHITE moved to adjourn debate upon the following Bill, which was adopted:

H. 4144 (Word version) -- Reps. Tripp and Townsend: A BILL TO INCLUDE WITHIN ANDERSON SCHOOL DISTRICT NO. 2 IN ANDERSON COUNTY A CERTAIN AREA OF GREENVILLE COUNTY.

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

S. 130 (Word version) -- Senator Holland: A JOINT RESOLUTION TO MAKE RETROACTIVE PAYMENTS OF OUTSTANDING VOUCHERS IN THE OFFICE OF INDIGENT DEFENSE'S APPELLATE CONFLICT FUND FROM JULY 1, 1993, THROUGH JULY 31, 2000, FOR TOTAL REIMBURSEMENT NOT EXCEEDING THIRTY-FIVE THOUSAND DOLLARS, AND TO PROVIDE THAT REQUESTS FOR COMPENSATION MUST BE SUBMITTED NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PROVISION.

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

H. 4163 (Word version) -- Reps. Knotts, Bingham, Riser, Stuart, Koon and Quinn: A BILL TO REQUIRE ALL SCHOOL DISTRICTS IN LEXINGTON COUNTY TO OBSERVE ALL LEGAL STATE HOLIDAYS BY CLOSING SCHOOLS AND SCHOOL DISTRICT OFFICES ON THESE HOLIDAYS.

Rep. FLEMING moved to adjourn debate upon the following Bill until Tuesday, May 29, which was adopted:

S. 63 (Word version) -- Senators Mescher, Grooms, Richardson, McGill, Elliott, Reese and Branton: A BILL TO AMEND SECTION 7-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.

The following Bill was taken up:

H. 3010 (Word version) -- Reps. Knotts, Sandifer, Davenport, J. Young, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G. M. Smith, Leach, Lucas, Trotter, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Ott, Hinson, Loftis, Barfield, Talley, Koon, D. C. Smith, Whatley and Owens: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MARRIED STUDENT RESIDING IN AN APARTMENT PROVIDED BY A PUBLIC OR PRIVATE SCHOOL WHO IS AUTHORIZED TO CARRY A WEAPON PURSUANT TO THE PROVISIONS RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, AND REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.

Rep. J. H. NEAL proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20716SD01), which was adopted:
Amend the bill, as and if amended, in Section 23-31-215(M) of the 1976 Code, as contained in SECTION 5, page 7, by striking items (9) and (10) and inserting:

/ (9)     church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or

(10)     hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. H. NEAL explained the amendment.
The amendment was then adopted.

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

On motion of Rep. KNOTTS, with unanimous consent, it was ordered that H. 3010 be read the third time tomorrow.

Rep. MCGEE moved to adjourn debate upon the following Bill until Tuesday, May 29, which was adopted:

S. 321 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-737 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL WINE PERMIT TO CONDUCT NOT MORE THAN SIX WINE TASTINGS AT THE RETAIL LOCATION IN A CALENDAR YEAR.

The following Bill was taken up:

S. 229 (Word version) -- Senators Hayes, Wilson, Branton, Hawkins, Ravenel and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE BY ADDING SECTION 25-1-160 SO AS TO ENCOURAGE OWNERS OF LAND TO MAKE LAND AND WATER AREAS AVAILABLE TO THE MILITARY DEPARTMENT FOR TRAINING AND OPERATIONAL PURPOSES BY DEFINING AND LIMITING THE OWNER'S DUTY OF CARE AND LIMITING THE OWNER'S LIABILITY TOWARD MILITARY PERSONS ENTERING THE OWNER'S LAND; BY ADDING SECTION 25-1-2260 SO AS TO PROVIDE FOR THE GRANTING OF CONTINUANCES IN COURT CASES WHEN A PARTY OR HIS ATTORNEY IS ABSENT BY REASON OF ATTENDANCE ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD; BY ADDING SECTION 25-1-2957 SO AS TO PROVIDE THAT A PERSON SUBJECT TO THE MILITARY CODE WHO RECKLESSLY ENDANGERS THE LIFE OR SAFETY OF ANOTHER MAY BE PUNISHED AS A COURT-MARTIAL MAY DIRECT; TO AMEND SECTION 25-1-10, RELATING TO DEFINITIONS, SO AS TO DEFINE "UNIT MAINTENANCE FUND"; TO AMEND SECTION 25-1-40, RELATING TO APPLICABILITY OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO PROVIDE WHEN PRECEDENTS ESTABLISHED IN THE UNIFORM CODE OF MILITARY JUSTICE SHALL BE IN FORCE AND REGARDED AS PART OF THE MILITARY CODE; TO AMEND SECTION 25-1-60, RELATING TO COMPOSITION AND CLASSES OF MILITIA, SO AS TO INCLUDE PERSONS WHO CONTRACTUALLY BIND THEMSELVES WITHIN THE MILITIA OF THE STATE; TO AMEND SECTION 25-1-110, RELATING TO BURIAL FLAGS, SO AS TO PROVIDE THAT BURIAL FLAGS SHALL BE OBTAINED FROM THE UNITED STATES WHEN AVAILABLE; TO AMEND SECTION 25-1-340, RELATING TO VACANCIES IN THE OFFICE OF ADJUTANT GENERAL, SO AS TO DELETE THE PROVISION THAT THE GOVERNOR MAY APPOINT AN OFFICER WHO IS OF FIELD GRADE RANK OR HIGHER AND PROVIDE THAT THE GOVERNOR MAY APPOINT AN OFFICER WHO IS AT LEAST THE RANK OF COLONEL AND MEETS THE ELIGIBILITY REQUIREMENTS FOR A CONSTITUTIONAL OFFICER; TO AMEND SECTION 25-1-510, RELATING TO APPOINTMENT, QUALIFICATIONS, AND TENURE OF COMMISSIONED AND WARRANT OFFICERS, SO AS TO DELETE THE REQUIREMENT THAT A COMMISSIONED OR WARRANT OFFICER BE A RESIDENT OF THIS STATE AND PROVIDE THAT A COMMISSIONED OR WARRANT OFFICER MUST MEET FEDERAL RESIDENCY REQUIREMENTS FOR THE APPOINTMENT; TO AMEND SECTION 25-1-560, RELATING TO THE RELATIVE RANK OF OFFICERS, SO AS TO CONFORM THE RELATIVE RANK LIST TO FEDERAL MILITARY LAW; TO AMEND SECTION 25-1-580, RELATING TO THE SENIOR OFFICER ON DUTY BEING IN COMMAND, SO AS TO PROVIDE THAT A COMMANDER MAY APPOINT AN OFFICER TO COMMAND A SUBORDINATE OR DETACHED UNIT, AND THAT IF NONE IS APPOINTED, THE SENIOR OFFICER OF THE LINE ON DUTY IS IN COMMAND; TO AMEND SECTION 25-1-610, RELATING TO THE DISCHARGE OF OFFICERS, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL MAY INVESTIGATE THE CONDUCT, CAPACITY, AND GENERAL COMPETENCE OF OFFICERS AND TO REVISE THE GROUNDS FOR THE DISCHARGE OF OFFICERS; TO AMEND SECTION 25-1-810, RELATING TO PROMOTIONS UNDER THE RESERVE OFFICER PERSONNEL ACT, SO AS TO DELETE THE OBSOLETE REFERENCE TO THE RESERVE OFFICER PERSONNEL ACT AND REPLACE IT WITH A REFERENCE TO FEDERAL LAW; TO AMEND SECTION 25-1-830, RELATING TO OFFICER SELECTION BOARDS, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS RELATING TO BRIGADIER GENERAL AND COLONEL SELECTION BOARDS; TO AMEND SECTION 25-1-850, RELATING TO TRANSFER OF OFFICERS WITHIN THE ARMY NATIONAL GUARD, SO AS TO DELETE A PROVISION THAT A TRANSFER MUST BE MUTUALLY ACCEPTABLE TO COMMANDERS CONCERNED; TO AMEND SECTION 25-1-870, RELATING TO A VACANCY IN THE GRADE OF MAJOR GENERAL, SO AS TO PROVIDE THAT A VACANCY IN THE GRADE OF MAJOR GENERAL MUST BE FILLED BY A FULLY QUALIFIED OFFICER; TO AMEND SECTION 25-1-880, RELATING TO A VACANCY IN THE GRADE OF BRIGADIER GENERAL, SO AS TO DELETE OBSOLETE LANGUAGE RELATING TO THE BRIGADIER GENERAL SELECTION BOARD AND PROVIDE THAT A VACANCY IN THE GRADE OF BRIGADIER GENERAL MUST BE FILLED BY THE PROMOTION OF THE BEST QUALIFIED OFFICER IN THE NEXT LOWER GRADE AS DETERMINED BY THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-1110, RELATING TO PROMOTIONS UNDER THE RESERVE OFFICER PERSONNEL ACT, SO AS TO DELETE REFERENCES TO THE RESERVE OFFICER PERSONNEL ACT AND PROVIDE FOR PROMOTIONS UNDER FEDERAL LAW; TO AMEND SECTION 25-1-1140, RELATING TO A VACANCY IN THE HEADQUARTERS OF THE AIR NATIONAL GUARD, SO AS TO DELETE A PROVISION THAT NO OFFICER SHALL BE ASSIGNED TO HEADQUARTERS, AIR NATIONAL GUARD, UNTIL HE HAS COMPLETED THREE YEARS COMMISSIONED SERVICE IN THE SOUTH CAROLINA AIR NATIONAL GUARD; TO AMEND SECTION 25-1-1330, RELATING TO ANNUAL SETTLEMENTS FOR FEDERAL AND STATE PROPERTY, SO AS TO DELETE REFERENCES TO RESPONSIBLE OFFICER AND REPLACE THEM WITH REFERENCES TO RESPONSIBLE PARTY AND TO AUTHORIZE COLLECTION ACTIONS FOR PAYMENTS FROM PARTIES LIABLE ON PROPERTY ACCOUNTS; TO AMEND SECTION 25-1-1370, RELATING TO UNIT MAINTENANCE FUND ALLOWANCES, SO AS TO DELETE REFERENCES TO THE MILITARY BOARD, DELETE REFERENCES TO CERTAIN DATES FOR PAYMENTS OF APPROPRIATIONS AND PROVIDE FOR PAYMENTS PERIODICALLY, AND TO PROVIDE THAT UNIT MAINTENANCE FUNDS FROM SOURCES OUTSIDE THE ANNUAL APPROPRIATION MUST BE REGULATED AND AUDITED BY THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-1620, RELATING TO THE CUSTODIAN AND USE OF TRAINING FACILITIES, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL IS THE MANAGER AS WELL AS CUSTODIAN OF TRAINING FACILITIES AND THAT FACILITIES OWNED OR LEASED FOR THE MILITARY DEPARTMENT MAY BE RENTED OR SUBLEASED WHEN NOT IN USE FOR TRAINING; TO AMEND SECTION 25-1-1820, RELATING TO WHEN THE NATIONAL GUARD IS SUBJECT TO ACTIVE DUTY, SO AS TO DELETE THE CIRCUMSTANCE OF WHEN THE PRESIDENT IS UNABLE WITH THE REGULAR FORCES TO EXECUTE THE LAWS OF THE UNITED STATES AND PROVIDE THAT THE NATIONAL GUARD IS SUBJECT TO ACTIVE DUTY WHEN THE PRESIDENT ISSUES ORDERS TO EXECUTE THE LAWS OF THE UNITED STATES; TO AMEND SECTION 25-1-2110, RELATING TO TERMS OF ENLISTMENT, SO AS TO DELETE THE THREE-YEAR PROVISION AND PROVIDE THAT ORIGINAL ENLISTMENTS IN THE NATIONAL GUARD MUST BE FOR A PERIOD TO COMPLY WITH GOVERNING DEPARTMENT OF DEFENSE REGULATIONS; TO AMEND SECTION 25-1-2220, RELATING TO TRANSFER OF ENLISTED MEN, SO AS TO DELETE THE PROVISION THAT THE TRANSFER BE APPROVED BY THE COMMANDING OFFICERS OF THE UNITS INVOLVED; TO AMEND SECTION 25-1-2230, RELATING TO DISCHARGES, SO AS TO REVISE THE AUTHORITY FOR DISCHARGES OF ENLISTED PERSONS; TO AMEND SECTION 25-1-2420, RELATING TO DEFINITIONS, SO AS TO INCLUDE PERSONS ATTACHED OR ASSIGNED TO STATE UNITS WITHIN THE DEFINITION OF "MILITARY FORCES"; TO AMEND SECTION 25-1-2420, RELATING TO DEFINITIONS, BY ADDING A NEW SUBPARAGRAPH APPROPRIATELY NUMBERED SO AS TO DEFINE "OFFICER"; TO AMEND SECTION 25-1-2450, RELATING TO APPOINTMENT OF THE STATE JUDGE ADVOCATE, SO AS TO PROVIDE THAT, ABSENT SEPARATE APPOINTMENT, THE SENIOR JUDGE ADVOCATE OF THE NATIONAL GUARD IS THE STATE JUDGE ADVOCATE; TO AMEND SECTION 25-1-2460, RELATING TO APPREHENSION, SO AS TO DELETE REFERENCES TO CIVIL OFFICERS HAVING AUTHORITY TO APPREHEND OFFENDERS AND PROVIDE FOR APPREHENSION BY ANY OFFICER UNDER THE LAWS OF THE UNITED STATES OR OF SOUTH CAROLINA; TO AMEND SECTION 25-1-2520, RELATING TO NONJUDICIAL PUNISHMENT, SO AS TO DELETE A REFERENCE TO THE INSPECTOR GENERAL; TO AMEND SECTION 25-1-2530, RELATING TO TYPES OF COURTS-MARTIAL, SO AS TO PROVIDE FOR A SUMMARY COURT-MARTIAL CONSISTING OF ONE OFFICER RATHER THAN ONE COMMISSIONED OFFICER; TO AMEND SECTION 25-1-2550, RELATING TO JURISDICTION OF GENERAL COURTS-MARTIAL, SO AS TO INCREASE THE FINE THAT MAY BE IMPOSED BY GENERAL COURTS-MARTIAL FROM TWO THOUSAND DOLLARS TO THREE THOUSAND DOLLARS; TO AMEND SECTION 25-1-2560, RELATING TO JURISDICTION OF SPECIAL COURTS-MARTIAL, SO AS TO DELETE THE LANGUAGE EXCLUDING OFFICERS FROM THE JURISDICTION OF SPECIAL COURTS-MARTIAL AND TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY SPECIAL COURTS-MARTIAL FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS; TO AMEND SECTION 25-1-2570, RELATING TO JURISDICTION OF SUMMARY COURTS-MARTIAL, SO AS TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY SUMMARY COURTS-MARTIAL FROM TWO HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS; TO AMEND SECTION 25-1-2580, RELATING TO APPOINTMENT OF GENERAL COURTS-MARTIAL, SO AS TO PROVIDE THAT GENERAL COURTS-MARTIAL MAY BE APPOINTED BY THE ADJUTANT GENERAL AS WELL AS THE GOVERNOR; TO AMEND SECTION 25-1-2610, RELATING TO WHO MAY SERVE ON COURTS-MARTIAL, SO AS TO REMOVE REFERENCES TO COMMISSIONED AND WARRANT OFFICERS, AND PROVIDE THAT ANY OFFICER ON OR OFF DUTY WITH THE MILITARY FORCES MAY SERVE ON COURTS-MARTIAL; TO AMEND SECTION 25-1-2725, RELATING TO THE STATUTE OF LIMITATIONS, SO AS TO DELETE PROVISIONS RELATING TO DESERTION DURING TIMES OF PEACE AND CERTAIN OTHER OFFENSES PUNISHABLE UNDER THE MILITARY CODE AND PROVIDE THAT A PERSON CHARGED WITH ANY OFFENSE IS NOT LIABLE TO BE TRIED BY COURT-MARTIAL IF THE OFFENSE WAS COMMITTED MORE THAN THREE YEARS BEFORE RECEIPT OF SWORN CHARGES OR THE IMPOSITION OF PUNISHMENT; TO AMEND SECTION 25-1-2750, RELATING TO CONTEMPT, SO AS TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY A COURT-MARTIAL FOR CONTEMPT FROM TWENTY-FIVE DOLLARS TO FIVE HUNDRED DOLLARS; TO AMEND SECTION 25-1-2780, RELATING TO RECORDS OF TRIAL OF COURTS-MARTIAL, SO AS TO PROVIDE THAT SUMMARY COURT-MARTIAL PROCEEDINGS MUST USE DOCUMENTS PROMULGATED BY REGULATIONS OF THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-2795, RELATING TO SENTENCES OF COURTS-MARTIAL, SO AS TO DELETE CERTAIN REFERENCES TO GENERAL COURT-MARTIAL JURISDICTION SO AS TO MAKE CERTAIN PROVISIONS OF THE SECTION APPLICABLE TO COURT-MARTIAL JURISDICTION RATHER THAN ONLY TO THE JURISDICTION OF A GENERAL COURT-MARTIAL; TO AMEND SECTION 25-1-2935, RELATING TO THE OFFENSE OF DISRESPECT TOWARD A SUPERIOR COMMISSIONED OFFICER, BY DELETING THE REFERENCE TO COMMISSIONED OFFICER AND INCLUDING NONCOMMISSIONED OFFICERS, SO AS TO MAKE THE OFFENSE OF DISRESPECT APPLICABLE TO SUPERIOR OFFICERS OR NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2940, RELATING TO THE OFFENSE OF ASSAULTING OR WILLFULLY DISOBEYING A SUPERIOR COMMISSIONED OFFICER, BY DELETING THE REFERENCE TO COMMISSIONED OFFICER AND INCLUDING NONCOMMISSIONED OFFICERS, SO AS TO MAKE THE OFFENSES OF ASSAULT AND WILLFULLY DISOBEYING A LAWFUL COMMAND APPLICABLE TO SUPERIOR OFFICERS OR NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2945, RELATING TO INSUBORDINATE CONDUCT TOWARD A WARRANT OFFICER OR NONCOMMISSIONED OFFICER, BY DELETING REFERENCES TO WARRANT OFFICER, SO AS TO MAKE THE OFFENSE OF INSUBORDINATE CONDUCT APPLICABLE TO OFFICERS AND NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2950, RELATING TO THE OFFENSES OF FAILURE TO OBEY ORDERS AND REGULATIONS AND DERELICTION OF DUTY, SO AS TO INCLUDE THE VIOLATION OF A STATUTE WITHIN THE OFFENSE; TO AMEND SECTION 25-1-3065, RELATING TO CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN, BY DELETING REFERENCES TO COMMISSIONED OFFICER AND A GENTLEMAN, SO AS TO PROVIDE THAT ANY OFFICER WHO IS CONVICTED OF CONDUCT UNBECOMING AN OFFICER MAY BE PUNISHED AS A COURT-MARTIAL MAY DIRECT; TO AMEND SECTION 25-1-3085, RELATING TO THE AUTHORITY TO ADMINISTER OATHS, BY DELETING REFERENCES TO COMMISSIONED OFFICER, SO AS TO PROVIDE THAT ALL OFFICERS HAVE THE AUTHORITY TO ADMINISTER OATHS; TO AMEND SECTION 25-1-3095, RELATING TO COMPLAINTS AGAINST OFFICERS, BY DELETING THE REQUIREMENT THAT COMPLAINTS BE FORWARDED TO THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT ANY MEMBER OF THE MILITARY FORCE MAY COMPLAIN TO HIS NEXT SUPERIOR COMMISSIONED OFFICER; TO AMEND SECTION 25-1-3155, RELATING TO DELEGATION OF AUTHORITY, SO AS TO PROVIDE THAT THE POWER GIVEN THE ADJUTANT GENERAL BY SECTION 25-1-2580 MAY NOT BE DELEGATED; TO AMEND SECTION 25-1-3235, RELATING TO THE NATIONAL GUARD PENSION FUND, SO AS TO PROVIDE THAT CERTAIN PERSONS WITH A BREAK IN SERVICE REMAIN ELIGIBLE FOR PENSION BENEFITS; TO AMEND SECTION 25-17-30, AS AMENDED, RELATING TO MAINTENANCE OF THE MUSEUM, SO AS TO DELETE THE PROVISION THAT NO STATE FUNDS MAY BE USED FOR MAINTENANCE OF THE MUSEUM; AND TO REPEAL SECTIONS 25-1-330, 25-1-950, 25-1-1340, 25-1-1390, 25-1-1400, 25-1-2130, AND 25-1-2160.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18554SOM01), which was adopted:
Amend the bill, as and if amended, by deleting SECTIONS 12, 14, 36, and 49 in their entirety.
Amend the bill further by adding an appropriately numbered SECTION to read:
/ SECTION __.     The 1976 Code is amended by adding:

"Section 25-1-2455.     (A) A military judge must be appointed by the Adjutant General from among the military forces. To be eligible for appointment as a military judge, the person must be:

(1)     a member in good standing of the bar in at least one state;

(2)     a judge advocate;

(3)     an active member of the National Guard; and

(4)     hold the rank of major or above.

(B)         A military judge must not be under the supervision of the state judge advocate or any other judge advocate in the South Carolina National Guard. Nothing in this section changes the authority of the National Guard Bureau or the Judge Advocate Generals of the Army or Air Force over the military judge.

(C)     Subject to any limitations imposed by the South Carolina Code of Laws, a military judge presides at all general and special courts martial and has the same authority as a South Carolina Circuit Judge in General Sessions Court.

(D)     A military judge must periodically review the military justice system and advise the Adjutant General on at least an annual basis of the state of military justice in the South Carolina National Guard.

(E)         All contact between a military judge and the Adjutant General must comply with American Bar Association's Canons of Judicial Conduct and the applicable ethical standards for judges." /
Renumber sections to conform.
Amend title to conform.

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

Reps. QUINN and DAVENPORT requested debate on the Bill.

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

The following Bill was taken up:

S. 498 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO ADD GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; TO AMEND SECTION 36-1-201, AS AMENDED, RELATING TO GENERAL DEFINITIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO DIFFERENTIATE BETWEEN A SECURITY INTEREST AND A LEASE; TO AMEND CHAPTER 8, TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING INVESTMENT SECURITIES, SO AS TO, INTER ALIA, TRANSFER THE STATUTORY LAW CONCERNING CREATION AND PERFECTION OF SECURITY INTERESTS IN INVESTMENT SECURITIES TO CHAPTER 9, TITLE 36, RELATING TO SECURED TRANSACTIONS, TO CODIFY INDUSTRY PRACTICES OF HOLDING INVESTMENT SECURITIES INDIRECTLY THROUGH INTERMEDIARIES, TO INCREASE LIQUIDITY AND CERTAINTY IN THE SECURITIES MARKETS BY ESTABLISHING FINALITY IN SECURITIES TRANSACTIONS, AND TO CLARIFY CHOICE OF LAW RULES IN SECURITIES TRANSACTIONS; TO AMEND SECTIONS 36-4-104, AND 36-5-114, AS AMENDED, ALL RELATING TO VARIOUS COMMERCIAL PRACTICES AND TRANSACTIONS GOVERNED BY THE UNIFORM COMMERCIAL CODE, SO AS TO CONFORM THE REMAINING CHAPTERS IN THE UNIFORM COMMERCIAL CODE TO THE MODIFICATIONS MADE IN CHAPTER 8, INVESTMENT SECURITIES; TO MAKE CORRESPONDING CHANGES TO APPROPRIATE OFFICIAL COMMENTS AS NECESSARY TO REFLECT THE CHANGES TO CHAPTER 8; TO AMEND SECTION 33-6-260, RELATING TO RESTRICTION ON TRANSFER OR REGISTRATION OF SECURITIES, SO AS TO CONFORM THE REFERENCE TO "SECURITIES"; TO AMEND CHAPTER 9, TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING SECURED TRANSACTIONS, SO AS TO, INTER ALIA, EXPAND THE SCOPE OF THE PROVISIONS TO INCLUDE ADDITIONAL TYPES OF PROPERTY AS COLLATERAL, INCLUDING INVESTMENT SECURITIES FORMERLY ADDRESSED IN CHAPTER 8, AND NEW KINDS OF TRANSACTIONS; TO PROVIDE FOR CLARITY OF METHODS OF PERFECTION AND FOR CENTRALIZED AND ELECTRONIC FILING OF FINANCING STATEMENTS; TO PROVIDE THAT THE LOCATION OF THE DEBTOR DETERMINES THE PLACE OF FILING AND THE EFFECT OF PERFECTION; TO PROVIDE NEW DEFAULT AND ENFORCEMENT RULES FOR DEALING WITH GUARANTORS, NEW KINDS OF PROPERTY, AND SUBORDINATE CREDITORS; TO DISTINGUISH MORE CLEARLY THE TREATMENT OF A CONSUMER TRANSACTION INVOLVING A SECURITY INTEREST AND THE PROTECTIONS AFFORDED A CONSUMER DEBTOR; TO CLARIFY CERTAIN AMBIGUITIES ARISING FROM CONFLICTING JUDICIAL INTERPRETATIONS OF THE APPLICATIONS OF SOME PROVISIONS; TO PROVIDE FOR INCREASED UNIFORMITY IN THE TREATMENT OF SECURED TRANSACTIONS INVOLVING OIL AND GAS AND AGRICULTURE; TO AMEND SECTION 36-1-105, RELATING TO CHOICE OF LAW GENERALLY. SO AS TO CONFORM ITS PROVISIONS TO THE PROVISIONS OF CHAPTER 2A AND THE REVISIONS TO CHAPTER 9; TO REPEAL CHAPTER 6, TITLE 36, RELATING TO BULK TRANSFERS AND TO REPEAL CHAPTER 7, TITLE 35, RELATING TO THE "UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS"; AND TO MAKE THE EFFECTIVENESS OF CHAPTERS 8 AND 9 SIMULTANEOUS ON JULY 1, 2001.

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

The following Joint Resolution was taken up:

H. 4115 (Word version) -- Reps. Wilkins and W. D. Smith: A JOINT RESOLUTION TO PROVIDE THAT THE TIME PERIODS STIPULATED IN THE ADMINISTRATIVE PROCEDURES ACT FOR THE GENERAL ASSEMBLY TO APPROVE, DISAPPROVE, OR OTHERWISE ACT ON REGULATIONS ARE TOLLED FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION, TO PROVIDE THAT THE AUTHORITY FOR THE GENERAL ASSEMBLY TO APPROVE, DISAPPROVE, OR OTHERWISE ACT ON REGULATIONS ALSO CEASES FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION, AND TO PROVIDE THAT FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION, EMERGENCY REGULATIONS OR THE RENEWAL OF EMERGENCY REGULATIONS ARE PERMITTED AS THOUGH THE GENERAL ASSEMBLY WERE NOT IN SESSION.

Rep. CAMPSEN explained the Joint Resolution.

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

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

S. 585 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO CRIMINAL JUSTICE INFORMATION SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2533, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 585 be read the third time tomorrow.

The following Bill was taken up:

S. 469 (Word version) -- Senators Martin, Fair and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-5, SO AS TO PROVIDE THAT THE COMMON LAW "YEAR-AND-A-DAY RULE" IS ABROGATED IN THIS STATE; AND TO AMEND SECTION 50-21-115, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE RESULT OF AN INJURY; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE CAUSE RESULT OF AN INJURY.

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

The following Bill was taken up:

S. 489 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS OR OCCUPIED STRUCTURES, SO AS TO ADD A PROHIBITION AGAINST DISCHARGING FIREARMS AT OR INTO ANY VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT WHILE IT IS OCCUPIED.

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

The following Bill was taken up:

S. 492 (Word version) -- Senators McConnell and Giese: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO PROVIDE A SAMPLE FOR THE STATE DNA DATABASE, SO AS TO PROVIDE THAT PERSONS CONVICTED OF BURGLARY, SECOND DEGREE (SECTION 16-11-312(A)) MUST PROVIDE A SAMPLE FOR THE STATE DNA DATABASE.

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

The following Bill was taken up:

S. 339 (Word version) -- Senators Ryberg, Grooms, Branton, Waldrep, Fair, Thomas, Leatherman, Wilson, Hayes, Giese, Gregory and Verdin: A BILL TO AMEND SECTION 44-23-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF A STATE OR LOCAL GOVERNMENT EMPLOYEE HAVING SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE OF A MENTAL HEALTH FACILITY OR AN INMATE OF A CORRECTIONAL FACILITY SO AS TO BROADEN THE SCOPE OF THE STATUTE TO COVER SUPERVISORY SITUATIONS OUTSIDE OF AN INSTITUTION, TO PROVIDE DEFINITIONS, TO PROVIDE AN OFFENSE OF SEXUAL MISCONDUCT THAT DOES NOT INCLUDE INTERCOURSE, AND TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT.

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

The following Bill was taken up:

H. 4060 (Word version) -- Reps. Limehouse, Harrell, Ott, Owens, Scarborough and D. C. Smith: A BILL TO AMEND SECTION 50-5-1705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR RED DRUM AND CERTAIN OTHER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM FIVE FISH IN POSSESSION PER DAY TO ONE FISH IN POSSESSION PER DAY; AND TO AMEND SECTION 50-5-1710, RELATING TO SIZE LIMITS FOR RED DRUM AND CERTAIN OTHER FISH, SO AS TO CHANGE THE MINIMUM SIZE LIMIT FOR RED DRUM FROM FOURTEEN INCHES TO SEVENTEEN INCHES AND PROVIDE THAT IT IS UNLAWFUL TO TAKE RED DRUM OF LESS THAN SEVENTEEN INCHES IN TOTAL LENGTH, OR MORE THAN TWENTY-SEVEN INCHES IN TOTAL LENGTH.

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

The following Bill was taken up:

S. 394 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.

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

The following Bill was taken up:

S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.

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

The following Bill was taken up:

H. 4044 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA TRUSTS, ESTATES, AND PROBATE REFORM ACT; TO AMEND SUBARTICLE 5, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO DESIGNATE SUBARTICLE 5 AS THE "UNIFORM TRANSFERS TO MINORS ACT", TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS, INCLUDE BOTH GRATUITOUS TRANSFERS AND TRANSFERS FOR CONSIDERATION TRANSFERS AND BOTH LIFETIME TRANSFERS AND TRANSFERS FROM TRUSTS, ESTATES, AND GUARDIANSHIPS, AND LIMIT THE MINOR'S LIABILITY TO THIRD PARTIES TO CASES OF PERSONAL FAULTY; TO AMEND SECTION 62-7-302, AS AMENDED, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO DESIGNATE THE SECTION AS THE "UNIFORM PRUDENT INVESTOR ACT", TO RECOGNIZE THE PRUDENT INVESTOR RULE AND THE TOTAL RETURN THEORY OF INVESTMENT MANAGEMENT; TO AMEND PART 4, ARTICLE 7, CHAPTER 7, TITLE 62, RELATING TO THE UNIFORM PRINCIPAL AND INCOME ACT, SO AS TO DESIGNATE PART 4 AS THE "UNIFORM PRINCIPAL AND INCOME ACT OF 1997"; TO PERMIT THE ALLOCATION OF BENEFICIARY RECEIPTS BY A TRUSTEE TO INCOME INSTEAD OF TO PRINCIPAL UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND IN RECOGNITION OF TOTAL RETURN THEORY OF INVESTMENT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; TO AMEND ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO INTESTACY, SUCCESSION AND WILLS, SO AS TO CHANGE THE TITLE OF THE ARTICLE TO "INTESTACY, WILLS, AND DONATIVE TRANSFERS; TO AMEND PART 7, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO CONTRACTUAL ARRANGEMENTS RELATING TO DEATH, SO AS TO REPLACE PART 7 WITH RULES FOR CONSTRUCTION OF WILLS AND OTHER INSTRUMENTS GOVERNING TRANSFERS; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE, AND BENEFICIARY DESIGNATIONS, SO AS TO PROVIDE FOR A JUDICIAL DETERMINATION OF CRIMINAL ACCOUNTABILITY, USING THE PREPONDERANCE OF THE EVIDENCE STANDARD, IN THE ABSENCE OF A CRIMINAL CONVICTION; TO AMEND PART 8, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO GENERAL PROVISIONS AS TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR REVOCATION OF PROBATE AND NONPROBATE TRANSFERS BY DIVORCE AND ANNULMENT; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; AND TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO CLARIFY THAT A JOINT TENANCY WITH A RIGHT OF SURVIVORSHIP IN REAL ESTATE MAY TRANSFER HIS INTEREST WITHOUT JOINDER OF THE OTHER JOINT TENANTS.

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

The following Bill was taken up:

S. 557 (Word version) -- Senators Matthews, Patterson, Hutto, Saleeby, Land, O'Dell, Jackson, Ford, Glover and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-85 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY TO ENTER INTO A GROUND LEASE AGREEMENT WITH A PRIVATE ENTITY FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF AN ON-CAMPUS STUDENT HOUSING FACILITY INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THIS GROUND LEASE AGREEMENT INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL EVALUATE THE VIABILITY AND SUCCESS OF THIS GROUND LEASE AGREEMENT AUTHORIZATION FOR POSSIBLE IMPLEMENTATION STATEWIDE FOR ALL PUBLIC INSTITUTIONS OF HIGHER LEARNING WHICH PROVIDE ON-CAMPUS STUDENT HOUSING.

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

The following Bill was taken up:

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

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

The following Bill was taken up:

H. 3867 (Word version) -- Reps. Limehouse, Altman, Breeland, R. Brown, Campsen, Scarborough and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-195, SO AS TO NAME THE I-526 BRIDGE AND INTERCHANGE THAT SPANS U.S. HIGHWAY 17 AND U.S. HIGHWAY 7 IN CHARLESTON COUNTY AS THE "BOB HARRELL BRIDGE AND INTERCHANGE" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.

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

The following Bill was taken up:

S. 211 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD OF TIME IN WHICH A PERSON MAY HAVE A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE DISMISSED; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF IN A REGISTERED MOTOR VEHICLE AT ALL TIMES THAT THE MOTOR VEHICLE IS INSURED, SO AS TO REVISE THE TIME PERIOD IN WHICH A PERSON CHARGED WITH FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MAY HAVE THE CHARGE DISMISSED.

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

The following Bill was taken up:

S. 536 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.

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

The following Joint Resolution was taken up:

H. 4184 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2601, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STILLE explained the Joint Resolution.

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

The following Joint Resolution was taken up:

H. 4185 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2600, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

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

H. 4188 (Word version) -- Reps. Hamilton, Lourie, Leach, Loftis, Moody-Lawrence, J. H. Neal, J. M. Neal, J. E. Smith and Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-149-55 SO AS TO REVISE THE ELIGIBILITY CRITERIA TO RETAIN A LIFE SCHOLARSHIP FOR STUDENTS WHO RECEIVE A LIFE SCHOLARSHIP AS AN ENTERING FRESHMAN AND TO REVISE THE ELIGIBILITY CRITERIA TO RECEIVE A LIFE SCHOLARSHIP FOR STUDENTS WHO FAIL TO RETAIN A PALMETTO FELLOWS SCHOLARSHIP; AND TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF SECTION 59-149-55.
Referred to Committee on Education and Public Works

The following Bill was taken up:

H. 4144 (Word version) -- Reps. Tripp and Townsend: A BILL TO INCLUDE WITHIN ANDERSON SCHOOL DISTRICT NO. 2 IN ANDERSON COUNTY A CERTAIN AREA OF GREENVILLE COUNTY.

Rep. TRIPP, with unanimous consent, proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1548DW01), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, at the beginning of line 21, by striking /westside/ and inserting / eastside /
Amend title to conform.

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

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

Upon the withdrawal of requests for debate by Reps. OTT, KIRSH, LITTLEJOHN, SIMRILL, PERRY, ROBINSON, RICE, EASTERDAY, PHILLIPS and J. H. NEAL, the following Bill was taken up:

S. 248 (Word version) -- Senators Martin, Leventis, Gregory, Branton and Alexander: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.

Rep. ROBINSON proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\AMEND\11818AC01), which was adopted:
Amend the bill, as and if amended, by deleting Section 2 and inserting:
/SECTION     2.     (A)     This act takes effect upon approval by the Governor, except that Section 50-11-2200(C) of the 1976 Code, as added by Section 1 of this act, takes effect when final regulations promulgated by the Department of Natural Resources become effective in accordance with the Administrative Procedures Act.

(B)     Notwithstanding the provisions of subsection (A), the Department of Natural Resources may promulgate emergency regulations in accordance with the Administrative Procedures Act allowing any of the following acts or conduct on land owned by the department by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands:

(1)     hunting or taking wildlife or fish during closed season;

(2)     exceeding bag or creel limits;

(3)     hunting or taking wildlife;

(4)     hiking;

(5)     rock climbing;

(6)     operation of motorized and nonmotorized vehicles;

(7)     swimming;

(8)     camping;

(9)     horse riding;

(10)     operation of boats;

(11)     possession of pets;

(12)     gathering plants;

(13)     use of fire, except by the department for management purposes;

(14)     polluting or contaminating any water;

(15)     acting in a disorderly manner or creating any noise which would result in annoyance to others;

(16)     operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system./
Renumber sections to conform.
Amend totals and title to conform.

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

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

On motion of Rep. OTT, with unanimous consent, it was ordered that S. 248 be read the third time tomorrow.

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

S. 327 (Word version) -- Senators Thomas and Hutto: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE ENVIRONMENTAL ENFORCEMENT AND LITTER CONTROL OFFICERS, WHO ARE CERTIFIED AT A MINIMUM LEVEL OF CLASS TWO LAW ENFORCEMENT OFFICER, TO PERFORM CUSTODIAL ARRESTS, AND TO LIMIT THE NUMBER OF ENVIRONMENTAL ENFORCEMENT OFFICERS OR LITTER CONTROL OFFICERS TO ONE PER COUNTY OR ONE FOR EVERY THIRTY THOUSAND PERSONS IN THE COUNTY, WHICHEVER NUMBER IS GREATER.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18549SOM01):
Amend the bill, as and if amended, by deleting Section 4-9-145(B) as contained in SECTION 1, page 2, lines 5 through 21 and inserting:
/         (B)(1)     The number of litter control officers vested with custodial arrest authority who are appointed and commissioned pursuant to subsection (A) must not exceed the greater of:

(a)     the number of officers appointed and commissioned by the county on July 1, 2001; or

(b)     one officer for every twenty-five thousand persons in the county, based upon the 2000 census. Each county may appoint and commission at least one officer, without regard to the population of the county.

(2)         A litter control officer appointed and commissioned pursuant to subsection (A) may exercise the power of arrest with respect to his primary duties of litter control laws and ordinances and other state and local laws as may arise incidental to the enforcement of his primary duties if the officer has been certified as a law enforcement officer pursuant to Article 9, Chapter 6, Title 23.

(3)         For purposes of this section, the phrase 'litter control officer' means a code enforcement officer authorized to enforce litter control laws and ordinances. /
Amend the bill further by striking SECTIONS 2 and 3 in their entirety and inserting:
/ SECTION 2.     This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. HARRISON explained the amendment.

Rep. ALTMAN spoke against the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. Altman having the floor.

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

H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart, A. Young, Cobb-Hunter, Gilham, Meacham-Richardson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.

Rep. LOFTIS arose to a Point of Personal Privilege.

On motion of Rep. A. YOUNG, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

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.

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

H. 3516 (Word version) -- Rep. Altman: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY AND TO PROVIDE EXCEPTIONS.

Rep. ALTMAN moved to adjourn debate upon the Senate Amendments until Tuesday, May 29, which was agreed to.

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

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 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.

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

H. 3687 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING JULY 1, 2001, TO REGULATE THE EXPENDITURE OF THESE FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. HARRELL proposed the following Amendment No. 1A (Doc Name council\nbd\amend\11806htc01.doc), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the bill as passed by the House of Representatives, which is incorporated in this amendment by reference.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.

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

Rep. HARRELL moved to waive Rule 5.15, which was agreed to by a division vote of 84 to 15.

Rep. HARRELL continued speaking.

The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 2A (Doc Name council\bbm\amend\10438htc01.doc), which was adopted:
Amend the bill, as and if amended, in Part IB, Section 9, Department of Health and Environmental Control, page 449, by striking paragraph 9.11 and inserting:
/9.11 (DHEC: Rape Crisis Centers - Abstinence Education Contract #00-S1808-A2781) Of the amounts appropriated in Primary Care-Case Services, $651,107 shall be used for rape crisis centers around the state, and of the amounts appropriated under the provisions of Title V, Section 510 and funded with federal and state matching funds supplied by the Department of Health and Environmental Control and by the Department of Social Services in the preceding fiscal year, the whole amount shall be used for primary prevention services and must continue to be under contract at the same funding level, for the same purposes with the agency under contract with the State of South Carolina as of December 2000 for the current fiscal year. Distribution of the $651,107 must be based on the Department of Health and Environmental Control Rape Crisis services standards and expenditures monitored by the Department of Health and Environmental Control, and the Abstinence Education contract must be governed by the Congressional Title V, Section 510 legislative definition./
Amend further, as and if amended, Part IB, SECTION 72, General and Temporary, page 589 by adding two new paragraphs, and to be appropriately numbered, to read:
/72.     111     (GP: Other funds reductions) Notwithstanding any other provision of law, the Comptroller General upon the closing of the books for fiscal year 2000-01, shall transfer to the general fund for FY 2001-02, $26,183,871 from agency earmarked subfund accounts designated "Special Revenue Funds" to be used as a source to support appropriations. The Comptroller General shall determine the amount to be transferred from each agency on a pro-rata basis of the total amount of funds in these accounts at the close of the books for fiscal year 2000-01. Colleges, universities and technical colleges are exempted from this provision. All appropriations for items designated in Part IA as nonrecurring appropriations are contingent based on the availability of nonrecurring general fund revenue and therefore all such items are to funded on a pro-rata basis should revenue fall below the anticipated amount. /
Renumber sections to conform.
Amend totals and titles to conform.

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

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

The following Concurrent Resolution was taken up:

S. 683 (Word version) -- Senators Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF THE ARMY AND MONCRIEF ARMY HOSPITAL AT FORT JACKSON, SOUTH CAROLINA TO REINSTATE THE VETERANS ADMINISTRATION COUNTY OFFICE COURIER SERVICE SO AS TO CONTINUE TO PROVIDE VETERANS WITH THE COUNTY OFFICE COURIER PROGRAM AS A PRESCRIPTION OPTION.

Whereas, having learned of plans to eliminate the Veterans Administration County Office Courier Service that has proven so effective in enabling South Carolina veterans over sixty-five years of age to access and fill prescriptions at Moncrief Army Hospital, the General Assembly implores the Department of the Army and Moncrief Army Hospital to reconsider the cancellation of this service; and

Whereas, the County Veterans Administration Courier Service is an invaluable service which allows retired military personnel and their dependents over sixty-five to use the pharmacy service of Moncrief Army Hospital through a courier without having to personally go to the pharmacy; and

Whereas, the Veterans Administration County Office Courier Service is supported completely by the various participating counties at no cost to the United States Government, other than the cost of prescriptions the supported individuals are authorized; and

Whereas, canceling the Veterans Administration County Office Courier Service discriminates against individuals not residing near the hospital and creates a burden on seniors and others who have difficulty visiting the Moncrief pharmacy in person; and

Whereas, the members of the General Assembly of the State of South Carolina favor the reinstatement of the Veterans Administration County Office Courier Service and memorialize the Department of the Army and Moncrief Army Hospital to reinstate this valuable program for the men and women who have so valiantly served our country in the Armed Forces. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the Department of the Army and Moncrief Army Hospital at Fort Jackson, South Carolina to reinstate the Veterans Administration County Office Courier Service so as to continue to provide veterans with the County Office Courier Program as a prescription option.

Be it further resolved that a copy of this resolution be forwarded to the Department of the Army, Moncrief Army Hospital, and to each member of the South Carolina Congressional Delegation.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

S. 652 (Word version) -- Senators Wilson, Land, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO WAIVE THE MATCHING FUNDS REQUIREMENT FOR FEDERAL HIGHWAY FUNDS AVAILABLE TO SOUTH CAROLINA PURSUANT TO THE REVENUE ALIGNED BUDGET AUTHORITY ACT (RABA).

Whereas, after years of being a donor state to the Federal Highway Trust Fund, a situation in which only seventy-three cents of each dollar of federal gasoline taxes collected in this State was returned to South Carolina for highway programs, Congress in the TEA-21 and Revenue Aligned Budget Authority (RABA) Acts has taken significant steps to eliminate the funding inequity for donor states; and

Whereas, this improvement has lead to an eighty-four cents for each dollar return in fiscal year 2000 and an anticipated ninety-five cents for each dollar return in fiscal year 2001, a welcome and long overdue recognition of the past inequitable distribution; and

Whereas, to be able to benefit from this additional federal funding, state funds must be used to match the federal funds, which at current Department of Transportation funding levels requires diversion into the match requirement funds desperately needed for highway maintenance; and

Whereas, since the thrust of the RABA legislation was to alleviate the inequity in the distribution formula for federal highway funds, it is appropriate to waive the matching funds requirements that essentially require donor states to "buy" federal highway funds previously lost to them under the inequitable formula. Now, therefore,

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

That by this resolution, the General Assembly of South Carolina memorializes the Congress of the United States to waive the matching funds requirement for federal highway funds available to South Carolina pursuant to the Revenue Aligned Budget Authority Act (RABA).

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, the Federal Highway Administrator, and each member of this state's congressional delegation.

The Concurrent Resolution was adopted and sent to the Senate.

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

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

S. 327 (Word version) -- Senators Thomas and Hutto: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE ENVIRONMENTAL ENFORCEMENT AND LITTER CONTROL OFFICERS, WHO ARE CERTIFIED AT A MINIMUM LEVEL OF CLASS TWO LAW ENFORCEMENT OFFICER, TO PERFORM CUSTODIAL ARRESTS, AND TO LIMIT THE NUMBER OF ENVIRONMENTAL ENFORCEMENT OFFICERS OR LITTER CONTROL OFFICERS TO ONE PER COUNTY OR ONE FOR EVERY THIRTY THOUSAND PERSONS IN THE COUNTY, WHICHEVER NUMBER IS GREATER.

Rep. ROBINSON moved to adjourn debate on the Bill until Tuesday, May 29, which was agreed to.

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

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

H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart, A. Young, Cobb-Hunter, Gilham, Meacham-Richardson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.

Rep. KOON asked unanimous consent to recall H. 4163 from the Senate.
Rep. KNOTTS objected.

Rep. W. D. SMITH asked unanimous consent to recall H. 3965 from the Committee on Judiciary.
Rep. SCOTT objected.

Rep. J. H. NEAL asked unanimous consent to recall H. 3463 from the Committee on Judiciary.
Rep. HARRISON objected.

Rep. EASTERDAY asked unanimous consent to recall H. 4030 from the Committee on Judiciary.
Rep. J. H. NEAL objected.

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

The following Bill was taken up:

H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart, A. Young, Cobb-Hunter, Gilham, Meacham-Richardson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.

Reps. ROBINSON, DAVENPORT, HINSON, HAMILTON and SCARBOROUGH requested debate on the Bill.

Rep. ROBINSON, with unanimous consent, withdrew his request for debate on H. 3695; however, other requests for debate remained on the Bill.

Rep. DELLENEY asked unanimous consent to recall H. 4030 from the Committee on Judiciary.
Rep. SCOTT objected.

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

Rep. CAMPSEN moved to adjourn debate upon the following Bill until Tuesday, May 29, which was adopted:

S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.

The following Bill was taken up:

H. 3703 (Word version) -- Reps. Townsend, Cotty, Webb, A. Young, Allison, Riser, Stille, Stuart, Keegan, Kennedy, Gilham, Martin, Littlejohn, Limehouse, Taylor, Coates, Kelley, Knotts, McGee, Ott, Rivers, Sinclair, Snow, Walker, Whatley and Wilder: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND ISSUANCE OF LICENSE PLATES, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE NEW LICENSE PLATES AT LEAST EVERY SIX YEARS, AND TO PROVIDE THAT THE DEPARTMENT MUST COLLECT A ONE DOLLAR FEE WHEN A VEHICLE IS REGISTERED OR REREGISTERED TO OFFSET THE COSTS ASSOCIATED WITH THE PRODUCTION OF NEW LICENSE PLATES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22999CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION     1.     Section 56-3-1230(A) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"(A)     License plates must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the State, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate, but at least every six years. In addition to the vehicle registration and license fees required by this title, beginning January 1, 2002, through December 31, 2002, the department must collect an additional five dollar fee from a vehicle owner. Beginning January 1, 2003, the department must collect annually an additional one dollar fee from a vehicle owner. This fee must be placed by the Comptroller General in a special restricted account and used by the department to offset the Division of Motor Vehicles' costs associated with the production of new license plates. License plates issued for vehicles in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker may be issued for the plates. License plates issued as permanent may be revalidated and replaced at intervals determined by the department."
SECTION     2.     This act takes effect upon approval by the Governor. /
Amend title to conform.

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

Rep. VAUGHN proposed the following Amendment No. 5 (Doc Name COUNCIL\SKB\AMEND\18439SOM01), which was adopted:
Amend the bill, as and if amended, in Section 56-3-1230(A) as contained in SECTION 1, pages (3703-1 and -2) by striking lines 42 through 8 and inserting:
/ least every six years. Beginning with the vehicle registration and license fees required by this title which are collected after July 1, 2002, two dollars of each biennial fee and one dollar of each annual fee collected from the vehicle owner must be placed by the Comptroller General in a special restricted account to be used solely by the Department of Public Safety for the costs associated with the production and issuance of new license plates. The department is not authorized to use this set aside money for any other purpose. License /
Amend the bill further by striking SECTION 2 and inserting:
/ This act takes effect upon approval by the Governor. The set aside of two dollars of each biennial fee and one dollar of each annual fee and its placement into a special restricted account must begin with collections on and after July 1, 2002. /
Renumber sections to conform.
Amend title to conform.

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

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

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Brown, J.              Brown, R.
Campsen                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Hamilton               Harrell
Harvin                 Hines, M.              Hinson
Hosey                  Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Lloyd
Loftis                 Lourie                 Martin
McCraw                 McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Owens                  Parks                  Perry
Quinn                  Rice                   Riser
Rivers                 Robinson               Rodgers
Rutherford             Sandifer               Scarborough
Sheheen                Sinclair               Smith, D.C.
Smith, F.N.            Smith, J.E.            Smith, J.R.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Vaughn                 Walker
Weeks                  Whatley                Whipper
White                  Wilder                 Wilkins
Young, A.

Those who voted in the negative are:

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

On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3703 be read the third time tomorrow.

The following was received from the Senate:

Columbia, S.C., Thursday, May 24, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3687:

H. 3687 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING JULY 1, 2001, TO REGULATE THE EXPENDITURE OF THESE FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Very respectfully,
President

On motion of Rep. HARRELL, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HARRELL, A. YOUNG and ROBINSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

Rep. CARNELL moved to reconsider the vote whereby Amendment No. 2 was tabled on S. 297 and the motion was noted.

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

The Senate returned to the House with concurrence the following:

H. 4177 (Word version) -- Rep. Sharpe: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE LOUIS RICH COMPANY OF NEWBERRY FOR ITS COMMITMENT TO FOOD SAFETY AND THE ENHANCEMENT OF THE QUALITY OF THEIR PRODUCTS THAT ARE DISTRIBUTED WORLDWIDE.

H. 4178 (Word version) -- Rep. M. Hines: A CONCURRENT RESOLUTION CONGRATULATING MR. CHARLES "CHUCK" ROBERT CONNER III OF FLORENCE COUNTY FOR BEING AWARDED THE EAGLE SCOUT AWARD BY THE BOY SCOUTS OF AMERICA ON JUNE 3, 2001, AND EXTENDING BEST WISHES AS HE ENTERS HIS FRESHMAN YEAR AS A STUDENT AT DAVIDSON COLLEGE.

H. 4179 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND REVEREND SILAS MIMS, PASTOR OF GREATER HOPEWELL BAPTIST CHURCH IN THE TOWN OF DUNCAN, SOUTH CAROLINA, FOR TWENTY YEARS OF FAITHFUL AND DEVOTED SERVICE TO THE CHURCH AND ITS MEMBERS.

H. 3937 (Word version) -- Reps. Sinclair, Allison, Bales, Battle, Littlejohn, Lourie, Miller, J. M. Neal, Owens, Rivers, Sandifer, J. E. Smith, W. D. Smith, Stille, Walker, Weeks, Wilder and Talley: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES POSTAL SERVICE TO CREATE A REIDVILLE MAILING ADDRESS FOR THOSE RESIDENTS LIVING IN AND NEAR THE TOWN OF REIDVILLE IN SPARTANBURG COUNTY.

At 12:35 p.m. the House, in accordance with the motion of Rep. SCARBOROUGH, adjourned in memory of Rufus C. Barkley, Jr. of Charleston, to meet at 10:00 a.m. tomorrow.

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