HOUSE JOURNAL for May 30, 2001 - South Carolina Legislature Online

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

Wednesday, May 30, 2001
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

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

Lord, in the business of this day keep us focused on You. Work through us, we pray, to soothe pains and mend wounds. Where there is injustice, make of us Your healing hands. Forgive our failures and frailties which we try so desperately to hide. Grant us the peace of Your presence, and let us rest in the certainty that Your forgiveness will surely bless us tomorrow. At times we seem to lose a sense of purpose, and we drift like leaves in the wind. Keep steadfast, then, our sense of purpose anchored in Your infallible Word, and help us to know that whatever we do for You and for others is forever worthwhile. Be with us, then, lest we forget, lest we forget. 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. COATES moved that when the House adjourns, it adjourn in memory of Charlene Raines, councilwoman of Olanta, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4215 (Word version) -- Reps. Barrett and Harvin: A HOUSE RESOLUTION TO COMMEND CADET FREDERIC MARCINAK III, OF WALHALLA, FOR HIS OUTSTANDING ACADEMIC RECORD AND ACHIEVEMENTS AS A MEMBER OF THE SOUTH CAROLINA CORPS OF CADETS, AND TO CONGRATULATE HIM ON BECOMING THE CITADEL'S TOP GRADUATE IN THE CLASS OF 2001.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4216 (Word version) -- Rep. Scarborough: A CONCURRENT RESOLUTION TO CONGRATULATE THE JAMES ISLAND CHRISTIAN SCHOOL LIONS BOYS SOCCER TEAM ON THEIR 8-1 VICTORY OVER BYRNES ACADEMY TO CAPTURE THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS A-AA STATE SOCCER CHAMPIONSHIP AND TO COMMEND THEM FOR AN OUTSTANDING SEASON.

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

HOUSE RESOLUTION

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

H. 4217 (Word version) -- Rep. Scarborough: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE JAMES ISLAND CHRISTIAN SCHOOL BOYS SOCCER TEAM AND COACH WALTERS AND THE ADMINISTRATION AND STAFF ON THURSDAY, MAY 31, 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 A-AA STATE SOCCER CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the James Island Christian School Boys Soccer Team and Coach Walters and the staff and administration on Thursday, May 31, 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 School Athletic Association Class AAA State Soccer Championship.

The Resolution was adopted.

ROLL CALL

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

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Hamilton
Harrison               Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Howard                 Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Mack                   McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Neal, J.M.             Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Rivers                 Robinson               Rodgers
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Trotter                Vaughn                 Walker
Webb                   Whatley                Whipper
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 30.

Karl Allen                        James Law
William Bowers                    John Riser
James Lucas                       James E. Smith
Fletcher Smith                    Lonnie Hosey
Bessie Moody-Lawrence             Bill Cotty
Robert Harrell                    Chip Huggins
G. Murrell Smith                  Becky Martin
Roland Smith                      Todd Rutherford
Joseph Neal                       Harry Askins
Ronald Townsend                   David Weeks
Larry Koon                        Douglas Jennings
Richard Quinn

Total Present--121

SPECIAL PRESENTATION

Rep. LOURIE presented to the House the A. C. Flora High School "Falcons" Baseball Team, the 2001 Class AAA State Champions, their coaches and other school officials.

SPEAKER PRO TEMPORE IN CHAIR
SPECIAL PRESENTATION

Rep. WILKINS presented to the House the J. L. Mann Academy Boys' Track Team of Greenville, the 2001 Class AAA State Track Champions, their coaches and other school officials.

SPEAKER IN CHAIR
CO-SPONSORS ADDED AND REMOVED

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

CO-SPONSOR ADDED

Bill Number: H. 3671 (Word version)
Date: ADD:
05/30/01 LOURIE

CO-SPONSOR ADDED

Bill Number: H. 3589 (Word version)
Date: ADD:
05/30/01 LOURIE

CO-SPONSOR ADDED

Bill Number: H. 3678 (Word version)
Date: ADD:
05/30/01 WHIPPER

CO-SPONSOR REMOVED

Bill Number: H. 3938 (Word version)
Date: REMOVE:
05/30/01 EASTERDAY

S. 557--RECONSIDERED

Rep. HARRISON moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to:

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.

ORDERED TO THIRD READING

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

H. 4202 (Word version) -- Reps. Askins, Coates, J. Hines, M. Hines and McGee: A BILL TO AUTHORIZE FLORENCE COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, AND 5 TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS, TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS, AND TO MAKE THE ABOVE PROVISIONS RETROACTIVE TO JULY 1, 2000.

H. 4214 (Word version) -- Rep. Battle: A BILL TO AUTHORIZE THE MARION COUNTY BOARD OF EDUCATION TO CONSOLIDATE MARION COUNTY SCHOOL DISTRICTS THREE AND FOUR, TO PROVIDE THAT THE CONSOLIDATED DISTRICT MAY BE KNOWN AS "MARION COUNTY SCHOOL DISTRICT SEVEN", AND TO PROVIDE FOR THE BOARD OF TRUSTEES OF SUCH CONSOLIDATED SCHOOL DISTRICT.

S. 713 (Word version) -- Senators Verdin and O'Dell: A BILL TO INCLUDE WITHIN ANDERSON SCHOOL DISTRICT NO. 2 IN ANDERSON COUNTY A CERTAIN AREA OF GREENVILLE COUNTY.

RETURNED TO THE SENATE WITH AMENDMENTS

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

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.

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.

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.

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.

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.

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.

ORDERED ENROLLED FOR RATIFICATION

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

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.

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.

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.

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.

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.

SENT TO THE SENATE

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

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.

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.

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.

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.

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.

S. 339--AMENDED AND ORDERED TO THIRD READING

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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18559SOM01), which was adopted:
Amend the bill, as and if amended, by inserting before the enacting words:
/ Whereas, the General Assembly finds that sexual relations between staff, agents, contractors, or volunteers of those having responsibility for inmates or patients confined in prisons, jails, or mental health facilities, or criminal offenders under supervision in the community, and persons committed to their care or supervision is inappropriate, contrary to the expectations of the State, and provides opportunities to compromise security thereby threatening the maintenance of order and discipline. Now, therefore, it is declared to be the public policy of the State of South Carolina to discourage such misconduct by declaring certain acts to be illegal and providing for criminal sanctions. /
Amend the bill further by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-23-1150 of the 1976 Code, as last amended by Act 136 of 1997, is further amended to read:

"Section 44-23-1150. A person having sexual intercourse with a patient or trainee of a state mental health facility, whether the patient or trainee is within the facility or unlawfully away from the facility, or an employee of a state or local correctional facility having sexual intercourse with an inmate of that facility, is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. (A) As used in this section:

(1) 'Actor' means an employee, volunteer, agent, or contractor of a public entity that has statutory or contractual responsibility for inmates or patients confined in a prison, jail, or mental health facility. Actor includes individuals who supervise inmate labor details outside of an institution or who have supervisory responsibility for offenders on parole, probation, or other community supervision programs.

(2) 'Victim' means an inmate or patient who is confined in or lawfully or unlawfully absent from a prison, jail, or mental health facility, or who is an offender on parole, probation, or other community supervision programs. A victim is not capable of providing consent for sexual intercourse or sexual contact with an actor.

(B) An actor is guilty of sexual misconduct when the actor, knowing that the victim is an inmate, offender, or patient voluntarily engages with the victim in an act of sexual intercourse, whether vaginal, oral, or anal, or other sexual contact for the purpose of sexual gratification.

(C)(1) When the sexual misconduct involves an act of sexual intercourse, whether vaginal, oral, or anal, the actor is guilty of the felony of sexual misconduct first degree and, upon conviction, must be imprisoned for not more than ten years.

(2) When the sexual misconduct does not involve sexual intercourse but involves other sexual contact which is engaged in for sexual gratification, the actor is guilty of the felony of sexual misconduct second degree and, upon conviction, must be imprisoned for not more than five years. The term sexual contact, as used in this subsection, refers to an intrusion of any part of a person's body or of any object into the 'intimate parts', as defined in Section 16-3-651(d), of another person's body, or to the fondling of the 'intimate parts' of another person's body, which is done in a manner not required by professional duties, but instead is done to demonstrate affection, sexually stimulate that person or another person, or harass that person.

(D) A person who knowingly or wilfully submits inaccurate or untruthful information concerning sexual misconduct as defined in this section is guilty of the misdemeanor of falsely reporting sexual misconduct and, upon conviction, must be imprisoned for not more than one year."
SECTION 2. This act takes effect upon approval by the Governor and applies to offenses committed on or after that date. A person arrested, charged, or indicted under the provision of law amended by this act must be tried and sentenced as provided by the law in force at the time of the commission of the offense. /
Renumber sections to conform.
Amend title to conform.

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

Rep. SCOTT proposed the following Amendment No. 2 (Doc Name COUNCIL\SKB\AMEND\18599SOM01), which was adopted:
Amend the bill, as and if amended, in Section 44-23-1150 as contained in SECTION 1, page [339-3] after line 3 by adding:
/ "(E) A person who has knowledge of sexual misconduct who has received information in the person's professional capacity and fails to report it to the appropriate law enforcement authority, or a person who threatens or attempts to intimidate a witness is guilty of a misdemeanor and, upon conviction, must be fined not more then five hundred dollars or imprisoned for not more than six months, or both." /
Renumber sections to conform.
Amend title to conform.

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

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

S. 557--REQUESTS FOR DEBATE

The following Bill was taken up:

Reps. SANDIFER, EDGE, KELLEY, BARFIELD, WALKER, RISER, COOPER, J. BROWN, BINGHAM, KNOTTS, SCOTT, LITTLEJOHN, LAW, R. BROWN, MACK, WHATLEY, CLYBURN, WHIPPER and COBB-HUNTER requested debate on the Bill.

H. 3678--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3678 (Word version) -- Reps. Rice and Whipper: 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. CATO moved to adjourn debate on the Bill until Friday, June 8.

Rep. RICE moved to table the motion.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:

Yeas 23; Nays 52

Those who voted in the affirmative are:

Barrett                Battle                 Bingham
Bowers                 Easterday              Fleming
Frye                   Gilham                 Hamilton
Klauber                Knotts                 Lourie
Miller                 Perry                  Rice
Robinson               Rodgers                Smith, D.C.
Smith, W.D.            Stuart                 Taylor
Weeks                  Young, J.

Total--23

Those who voted in the negative are:

Altman                 Bales                  Barfield
Breeland               Brown, G.              Brown, J.
Cato                   Chellis                Clyburn
Coleman                Cooper                 Dantzler
Davenport              Delleney               Edge
Emory                  Freeman                Gourdine
Harrison               Haskins                Hinson
Hosey                  Keegan                 Kelley
Kirsh                  Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lucas
Mack                   McCraw                 McLeod
Meacham-Richardson     Merrill                Phillips
Rhoad                  Riser                  Scott
Sheheen                Simrill                Thompson
Trotter                Walker                 Webb
Whipper                White                  Wilder
Wilkins

Total--52

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Friday, June 8, which was rejected by a division vote of 21 to 33.

Reps. WALKER, RODGERS, GILHAM, W. D. SMITH, STUART, STILLE, HOSEY, EASTERDAY and HAMILTON requested debate on the Bill.

H. 3167--POINT OF ORDER

The following Bill was taken up:

H. 3167 (Word version) -- Reps. J. Young, Davenport, Vaughn, Sandifer, Whatley, Simrill, Altman, Robinson, Loftis and White: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

POINT OF ORDER

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.

H. 4210--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4210 (Word version) -- Reps. Haskins, Wilkins and Townsend: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF EDUCATION TO NOTIFY SCHOOL DISTRICTS WHEN FEDERAL FUNDING IS AVAILABLE UNDER THE CHILDREN'S INTERNET PROTECTION ACT AND TO REQUIRE SCHOOL DISTRICTS TO APPLY FOR SUCH FUNDING, TO ADOPT INTERNET SAFETY POLICIES, AND TO CERTIFY TO THE DEPARTMENT THAT THEY HAVE COMPLIED WITH THE REQUIREMENTS OF THIS JOINT RESOLUTION.

POINT OF ORDER

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.

S. 297--REQUESTS FOR DEBATE

Reps. LOFTIS, BALES and PERRY withdrew their requests for debate on the following Bill, whereupon requests for debate were raised by Reps. CAMPSEN, MILLER, SHEHEEN, BATTLE and MEACHAM-RICHARDSON:

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.

H. 3678--REQUEST FOR DEBATE WITHDRAWN

Rep. W. D. SMITH withdrew his request for debate on H. 3678; however, other requests for debate remained on the Bill.

S. 327--REQUESTS FOR DEBATE WITHDRAWN, AMENDED AND INTERRUPTED DEBATE

Upon the withdrawal of requests for debate by Reps. WEEKS, MEACHAM-RICHARDSON and TROTTER, 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), which was adopted:
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.
The amendment was then adopted.

Rep. HARRISON proposed the following Amendment No. 3 (Doc Name COUNCIL\SKB\AMEND\18565SOM01), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 2 and 3 in their entirety and inserting:
/ SECTION 2. The 1976 Code is amended by adding:

"Section 23-15-140. (A) The purpose of this section is to provide for uniformity among sheriffs and deputy sheriffs, and to aid the public in identifying a sheriff and deputy sheriff.

(B) A badge that consists of or incorporates the shape of a five or six-pointed star with a replica of the Great Seal of South Carolina inscribed in its center is the official badge to be worn by all sheriffs and deputy sheriffs throughout the State.

(C) It is unlawful for a person who is not a sheriff or deputy sheriff to present himself as such by wearing or presenting the official badge described in subsection (A).

(D) A person who violates the provisions of this section, upon conviction, must be fined not more than one hundred dollars, or imprisoned not more than thirty days."
SECTION 3. This act takes effect upon approval by the Governor, except that SECTION 2 takes effect on January 1, 2002. /
Amend title to conform.
Renumber Sections

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

Rep. ALTMAN proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20699SD01):
Amend the bill, as and if amended, in Section 4-9-145(B) of the 1976 Code, as contained in SECTION 1, by striking / vested with custodial arrest authority / beginning on line 1 of item 1 of the subsection;
Amend further, as and if amended, by striking item (2) of Section 4-9-145(B) of the 1976 Code, as contained in SECTION 1, in its entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. ALTMAN continued speaking.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. ALTMAN having the floor.

RECURRENCE TO THE MORNING HOUR

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

S. 327--REQUEST FOR DEBATE AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. ALTMAN having the floor:

Rep. ALTMAN proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20699SD01), which was tabled:
Amend the bill, as and if amended, in Section 4-9-145(B) of the 1976 Code, as contained in SECTION 1, by striking / vested with custodial arrest authority / beginning on line 1 of item 1 of the subsection;
Amend further, as and if amended, by striking item (2) of Section 4-9-145(B) of the 1976 Code, as contained in SECTION 1, in its entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN continued speaking.

Rep. LOFTIS requested debate on the Bill.

Rep. KNOTTS spoke against the amendment.

SPEAKER IN CHAIR

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

The question then recurred to the passage of the Bill on second reading, which was agreed to by a division vote of 58 to 10.

STATEMENT FOR THE JOURNAL

I missed voting on S. 327. I would have voted against giving arrest powers to litter control officers. I recognize that litter is a problem in our State, but believe granting custodial arrest powers sets a dangerous precedent.

Respectfully,

Rep. David Owens

H. 4060--REQUEST FOR DEBATE WITHDRAWN

Rep. OTT withdrew his request for debate on H. 4060; however, other requests for debate remained on the Bill.

OBJECTION TO RECALL

Rep. COBB-HUNTER asked unanimous consent to recall S. 46 from the Committee on Judiciary.
Rep. SIMRILL objected.

OBJECTION TO RECALL

Rep. KNOTTS asked unanimous consent to recall S. 253 from the Committee on Judiciary.
Rep. COBB-HUNTER objected.

S. 41--NON-CONCURRENCE IN SENATE AMENDMENTS

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

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.

Rep. CATO explained the Senate Amendments.

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

S. 654--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 654 (Word version) -- Senators Patterson, Giese and Ford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE DEPARTMENT OF CORRECTIONS HEADQUARTERS BUILDING THE "WILLIAM D. LEEKE BUILDING" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

Whereas, in 1987 William D. "Bill" Leeke, a nationally respected expert on prison system management, was the longest tenured corrections commissioner in the United States. He served as the Commissioner of the South Carolina Department of Corrections from 1968 until September of 1987; and

Whereas, he graduated from Furman University with a bachelor's degree in psychology and continued his education at the University of South Carolina receiving a master's degree in criminal justice; and

Whereas, starting out as a correctional officer in Greenville County in 1956, Bill Leeke's illustrious career in the correctional system also included serving as a teacher, warden, and deputy director; and

Whereas, during his tenure as Commissioner of the Department of Corrections, extensive improvements and progress were made in the system. He instituted the specialized services division that provides professional treatment for inmates in the form of psychiatrists, psychologists, and social workers; established the Gilliam Psychiatric Center, where inmates received necessary intensive psychological care; started and developed work release and pre-release programs and centers in major population areas of the State; instituted emergency preparedness teams called the riot squads; and increased and improved training standards for correctional officers; and

Whereas, Bill Leeke served as: President of the National Association of State Correctional Administrators and the Southern States Correctional Association; President of the American Correctional Association, the first to be elected to a two-year term; in 1980, was appointed by the President of the United States to serve on the Advisory Panel of the National Institute of Justice; and served for several years as a member of the American Bar Association's Commission on Correctional Facilities and Services. In addition, he found the time to serve in an advisory capacity to a number of national and state projects, programs, and committees. He testified before numerous United States and South Carolina House and Senate committees concerning corrections-related issues; and

Whereas, Bill Leeke has been duly honored with numerous awards, including the E. R. Cass Award, the highest honor bestowed by the American Correctional Association, and the Southern States Correctional Association selected him as recipient of its first David H. Williams Excellence of Service Award, which is this association's highest level of recognition for corrections professionals; and

Whereas, William D. Leeke is best known as a warm-hearted, deep-souled man, whose persistence and commitment to making things happen -- no matter how many obstacles were placed in his path -- has earned him the respect of all who had the privilege to work with him. 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, request the South Carolina Department of Corrections to name the Department of Corrections Headquarters Building the "William D. Leeke Building" and to erect appropriate markers or signs to that effect.

Be it further resolved that a copy of this resolution be forwarded to William D. Leeke and the Director of the South Carolina Department of Corrections.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

S. 297--INTERRUPTED DEBATE

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

Rep. ALTMAN proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\AMEND\10353HTC01):
Amend the bill, as and if amended, by inserting a penultimate section appropriately numbered to read:
/ SECTION . Notwithstanding the general effective date of this act, the provisions of Chapter 59 of Title 48 of the 1976 Code, as added by this act, do not take effect until each county of the state has compiled and published a current and accurate inventory of how much land is (a) in the county, (b) how much land by square mile or acre is already exempt from property tax or already covered by easements freezing taxable values, (c) what percentage of this total land of the county is exempt or partially exempt from property tax, and what percentage remains to be taxed. The provisions of Chapter 59 of Title 48 take effect upon certification by the Comptroller General that all counties have complied with the requirements of this section. /
Amend title to conform.

Rep. ALTMAN explained the amendment.

Rep. ALTMAN spoke in favor of the amendment.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 4.

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF CIRCUIT COURT JUDGES
NINTH JUDICIAL CIRCUIT, SEAT 1
TENTH JUDICIAL CIRCUIT, SEAT 1
AND FIFTEENTH JUDICIAL CIRCUIT, SEAT 1

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

S. 518 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 30, 2001, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004.

CIRCUIT COURT JUDGE
NINTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: the Honorable Deadra L. Jefferson, the Honorable L. Mendel Rivers, Jr., the Honorable James A. Turner and the Honorable Roger M. Young.

Senator McConnell stated that the Honorable L. Mendel Rivers, Jr., the Honorable James A. Turner, and the Honorable Roger M. Young had withdrawn from the race and placed the name of the Honorable Deadra L. Jefferson in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Deadra L. Jefferson was duly elected for the term prescribed by law.

CIRCUIT COURT JUDGE
TENTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Tenth Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: J. Cordell Maddox, Jr., the Honorable J. C. Nicholson, Jr., and Charles W. Whiten, Jr.

Senator McConnell stated that J. Cordell Maddox, Jr. and Charles W. Whiten, Jr. had withdrawn from the race and placed the name of the Honorable J. C. Nicholson in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. C. Nicholson, Jr. was duly elected for the term prescribed by law.

CIRCUIT COURT JUDGE
FIFTEENTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fifteenth Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: C. Reuben Goude and Steven H. John.

Senator McConnell stated that C. Reuben Goude had withdrawn from the race and placed the name of Steven H. John in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Steven H. John was duly elected for the term prescribed by law.

ELECTION OF A MEMBER
OF THE LEGISLATIVE AUDIT COUNCIL

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

S. 618 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 30, 2001, IMMEDIATELY FOLLOWING THE ELECTION OF CERTAIN JUDGES TO THE CIRCUIT COURT AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A SUCCESSOR TO A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRES IN 2001, OR WHOSE POSITION MUST OTHERWISE BE FILLED.

ELECTION OF A LEGISLATIVE AUDIT COUNCIL MEMBER

The PRESIDENT announced that nominations were in order for a member of the Legislative Audit Council.

Rep. HARRISON, on behalf of the Legislative Audit Council Nominating Committee, placed the name of the Honorable Marion H. Kinon in nomination.

On motion of Rep. HARRISON, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Marion H. Kinon was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

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

THE HOUSE RESUMES

At 12:10 p.m. the House resumed, the SPEAKER in the Chair.

S. 297--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4:

Rep. CAMPSEN moved to table the amendment.

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

Yeas 42; Nays 64

Those who voted in the affirmative are:

Battle                 Campsen                Carnell
Chellis                Coleman                Cotty
Delleney               Emory                  Fleming
Freeman                Gilham                 Harrison
Hayes                  Hines, M.              Jennings
Klauber                Lee                    Limehouse
Lourie                 Lucas                  McCraw
Meacham-Richardson     Miller                 Neal, J.M.
Ott                    Phillips               Rivers
Rodgers                Scarborough            Sheheen
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Talley
Trotter                Webb                   Whipper
Wilder                 Wilkins                Young, J.

Total--42

Those who voted in the negative are:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Cato
Clyburn                Coates                 Cobb-Hunter
Cooper                 Dantzler               Davenport
Edge                   Frye                   Gourdine
Govan                  Hamilton               Haskins
Hines, J.              Hinson                 Hosey
Howard                 Huggins                Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Littlejohn
Lloyd                  Loftis                 Mack
McLeod                 Merrill                Moody-Lawrence
Neal, J.H.             Owens                  Perry
Rhoad                  Rice                   Riser
Rutherford             Sandifer               Scott
Smith, F.N.            Smith, W.D.            Snow
Stille                 Stuart                 Taylor
Thompson               Townsend               Vaughn
Walker                 Weeks                  Whatley
White

Total--64

So, the House refused to table the amendment.

Rep. CAMPSEN moved to adjourn debate on the Bill until Tuesday, January 8, 2002, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 30, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered nonconcurrence and concurs in the amendments proposed by the House to S. 87:

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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 30, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that having received a message from the House that they have receded from their amendments to S. 147:

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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 30, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senator Short in lieu of Senator Setzler of the Committee of Conference on the part of the Senate on H. 3602:

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.

Very respectfully,
President
Received as information.

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

THE HOUSE RESUMES

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. KEEGAN a leave of absence to take part in the Conference Committee meeting regarding the lottery bill.

ACTING SPEAKER CLYBURN IN CHAIR
POINT OF QUORUM

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

SPEAKER IN CHAIR
S. 187--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 187 (Word version) -- Senators Rankin, Short and Hutto: A BILL TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT A CHILD FOUR YEARS OF AGE OR MORE WHO CANNOT SIT WITH THEIR BACKS STRAIGHT AGAINST THE VEHICLE SEAT BACK CUSHION WITH KNEES BENT OVER A VEHICLE'S SEAT EDGE MUST BE SECURED BY A BELT-POSITIONING BOOSTER SEAT PRESCRIBED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22063CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. 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."
SECTION 2. 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 3. 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 4. This act takes effect July 1, 2001, and applies to all offenses committed on or after that date. /
Amend title to conform.

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

Reps. TOWNSEND, MARTIN, WALKER, STILLE, STUART, J. HINES and LOURIE proposed the following Amendment No. 11 (Doc Name COUNCIL\GGS\AMEND\22121CM01), which was adopted:
Amend the bill, as and if amended, Section 56-5-6520, as contained in SECTION 2, by adding after the / . / on line 34:
/ 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 seat belt; such occupant is in violation of this article and must be fined in accordance with Section 56-5-640. /
Amend the bill further, by adding the following appropriately numbered SECTION.
/ 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."/
Amend the bill further by adding the following appropriately numbered SECTION.
/ SECTION ____. 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. TOWNSEND explained the amendment.

The amendment was then adopted by a division vote of 40 to 8.

Rep. KELLEY proposed the following Amendment No. 12 (Doc Name COUNCIL\GJK\AMEND\20715SD01), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
SECTION ____. Section 56-1-40 of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:

"Section 56-1-40. The department may not issue a motor vehicle driver's license to or renew the driver's license of a person:

(1) who is under seventeen years of age, except that the department may issue a license to a sixteen-year-old who is licensed to drive pursuant to Section 56-1-175 after one year from the date of the issuance of the provisional license, if the driver has not been convicted of a point-assessable traffic offense posted to his driver's record during that period. However, the department may issue a beginner's permit as provided in Section 56-1-50 to a person who is at least fifteen years of age and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least sixteen years of age and less than seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;

(2) whose driver's license or privilege to operate a motor vehicle currently is suspended or revoked in this State or another jurisdiction, except as otherwise provided for in this title;

(3) who is an a habitual user of alcohol or any other drug to a degree which prevents him from safely operating a motor vehicle;

(4) who has a mental or physical condition which prevents him from safely operating a motor vehicle;

(5) who is required by this article to take an examination, unless the person successfully has passed the examination;

(6) who is required under the laws of this State to provide proof of financial responsibility and has not provided the proof;

(7) who is not a resident of South Carolina, except for persons from other countries who are present in South Carolina on a student visa or on a work visa or the dependents of the student or worker who may be issued a license. However, the granting of the license is not evidence of meeting the residency requirements of Section 59-112-20;

(8) who must not be issued a license as otherwise provided by the laws of this State;

(9) who is an illegal alien without an individual federal taxpayer's identification number." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KELLEY explained the amendment.

POINT OF ORDER

Rep. TOWNSEND raised the Point of Order that Amendment No. 12 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.

Rep. ALTMAN proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\20645AC01), which was tabled:
Amend the bill, as and if amended, in Section 56-5-6540(C) of the 1976 Code, by adding at the end of the subsection / A defective seat belt shall be an absolute defense to any violation of this article. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.

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

Rep. ALTMAN proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\AMEND\20647AC01), 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:

/( ) 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. TOWNSEND moved to table the amendment, which was agreed to.

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

Yeas 83; Nays 15

Those who voted in the affirmative are:

Allison                Askins                 Bales
Barfield               Battle                 Bingham
Breeland               Brown, G.              Brown, J.
Campsen                Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cotty                  Delleney               Edge
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Harrell                Harrison               Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Huggins                Jennings
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Littlejohn
Lourie                 Lucas                  Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.M.             Ott
Quinn                  Rice                   Robinson
Rodgers                Sandifer               Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Walker
Webb                   Weeks                  Whatley
White                  Wilder                 Wilkins
Young, A.              Young, J.

Total--83

Those who voted in the negative are:

Altman                 Barrett                Brown, R.
Cato                   Cooper                 Easterday
Hamilton               Lee                    Limehouse
Loftis                 Owens                  Perry
Scarborough            Trotter                Vaughn

Total--15

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

H. 3993--DEBATE ADJOURNED

Rep. J. R. SMITH moved to adjourn debate upon the following Bill until Tuesday, June 5, which was adopted:

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.

H. 4052--DEBATE ADJOURNED

Rep. J. R. SMITH moved to adjourn debate upon the following Bill until Tuesday, June 5, which was adopted:

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.

H. 3670--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1497DW01), which was adopted:
Amend the bill, as and if amended, beginning on page 2, by deleting Section 6-24-20 as contained in SECTION 2, and inserting:
/ Section 6-24-20. As used in this chapter:

(1) 'Cost', with respect to a project, means:

(a) all costs of planning, designing, constructing, acquiring, and financing the project, including fees for professional services, costs of insurance, and costs for principal and interest, during planning, designing, and construction and for up to one year after completion of construction;

(b) all costs associated with establishing necessary or desirable reserves in connection with a project; and

(c) other expenditures of the joint agency incidental, necessary, or convenient to the acquisition, construction, implementation, reconstruction, improvement, enlargement, or extension of a project.

If a project does not involve the acquisition or construction of a facility, 'cost' includes all costs of the undertaking or funding of the undertaking. In either case, 'cost' may include those administration expenses a joint agency considers appropriate.

(2) 'General governmental entity' means a county, incorporated municipality, or school district.

(3) 'Governing body' means the board, council commission, or other duly constituted governing body of a governmental entity.

(4) 'Governmental entity' means a general governmental entity and a limited governmental entity.

(5) 'Joint agency' means a public body and body corporate and politic organized in accordance with the provisions of this chapter.

(6) 'Limited governmental entity' means a special purpose district or other political subdivision of the State that is not a general governmental entity and any agency, instrumentality, board or commission of the State, or political subdivision of it.

(7) 'Member' of a joint agency means each governmental entity that has agreed to create a joint agency to undertake the ownership, operation, maintenance, financing, or contractual use of a project.

(8) 'Project' means a project or other undertaking by a joint agency for any purpose that is a public and corporate purpose of each member of the joint agency. No project may be undertaken by a joint agency which could not be undertaken by each member of the joint agency if that project were located in the jurisdiction of the member.

(9) 'State' means the State of South Carolina. /
Amend the bill further, page 4, by deleting Section 6-24-40(A) as contained in SECTION 2, and inserting:
/ (A) A general governmental entity by resolution or ordinance, as appropriate, may determine that it is in its best interests and those of its residents to create a joint agency with one or more governmental entities for the purpose of:

(1) undertaking the planning, financing, development, acquisition, purchase, construction, reconstruction, improvement, enlargement, ownership, sale, lease, operation, or maintenance of a project or other activities constituting a project and make available the services provided by the project;

(2) undertaking the exercise of any administrative function or power and making plans and entering into contracts in connection with that exercise consistent with the provisions of this chapter and necessary or appropriate; or

(3) sharing the costs of any such undertaking with one or more governmental entities.
Two or more limited governmental entities authorized to provide natural gas may form a joint agency under the provisions of this chapter for the foregoing purposes. /
Amend further, page 11, Section 6y-24-110 as contained in SECTION 2, by adding a new subsection at the end to read:
/ (G) The provisions of this chapter may not be construed to permit the use or application of impact fees by a governmental entity in connection with a project unless all members of the joint agency have the legal authority to impose impact fees for the project. /
Amend further, by adding an appropriately numbered new SECTION to read:
/ SECTION 3. A joint agency formed under the provisions of any other law shall continue in existence under the provisions of that law unless the joint agency complies with the provisions of this act for the formation of a joint agency under the provisions of Chapter 24 of Title 6 of the 1976 Code added pursuant to the provisions of this act. /
Renumber sections to conform.
Amend title to conform.

Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.

Rep. TOWNSEND moved to adjourn debate on the Bill, which was agreed to.

H. 4115--DEBATE ADJOURNED

Rep. CAMPSEN moved to adjourn debate upon the following Joint Resolution until Thursday, May 31, which was adopted:

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.

H. 4060--AMENDED AND ORDERED TO THIRD READING

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. OTT proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5513DJC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-5-1705(D) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(D) It is unlawful for a person to take or have in possession more than ~~five~~ two red drum in any one day."
SECTION 2. Section 50-5-1710(3) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(3) red drum (Sciaenops ocellatus) (channel bass or spottail bass) of less than ~~fourteen~~ fifteen inches in total length, or more than ~~twenty-seven~~ twenty-four inches in total length; or"
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Rep. RHOAD proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\5526DJC01), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-5-1705(D) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(D) It is unlawful for a person to take or have in possession more than ~~five~~ three red drum in any one day."
SECTION 2. Section 50-5-1710(3) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

Rep. RHOAD explained the amendment.

Rep. LIMEHOUSE spoke against the amendment.

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

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

Yeas 99; Nays 2

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bales                  Barfield               Barrett
Battle                 Bowers                 Brown, G.
Brown, J.              Brown, R.              Campsen
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Gilham                 Gourdine               Govan
Hamilton               Harrison               Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Owens                  Perry                  Phillips
Quinn                  Rice                   Riser
Rivers                 Rodgers                Sandifer
Scarborough            Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Snow                   Stille
Talley                 Taylor                 Thompson
Trotter                Vaughn                 Walker
Webb                   Whipper                White
Wilder                 Wilkins                Young, J.

Total--99

Those who voted in the negative are:

Haskins                Rhoad

Total--2

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

S. 187--RECONSIDERED AND ORDERED TO THIRD READING

Rep. KELLEY moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to:

Rep. KELLEY proposed the following Amendment No. 13 (Doc Name COUNCIL\NBD\AMEND\11846AC01), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
SECTION ____. Section 56-1-40 of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:

"Section 56-1-40. The department may not issue a motor vehicle driver's license to or renew the driver's license of a person:

(2) whose driver's license or privilege to operate a motor vehicle currently is suspended or revoked in this State or another jurisdiction, except as otherwise provided for in this title;

(3) who is an a habitual user of alcohol or any other drug to a degree which prevents him from safely operating a motor vehicle;

(4) who has a mental or physical condition which prevents him from safely operating a motor vehicle;

(5) who is required by this article to take an examination, unless the person successfully has passed the examination;

(6) who is required under the laws of this State to provide proof of financial responsibility and has not provided the proof;

(8) who must not be issued a license as otherwise provided by the laws of this State;

(9) who is an illegal alien without an individual federal taxpayer's identification number and United States address." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KELLEY explained the amendment.

POINT OF ORDER

Rep. PERRY raised the Point of Order that Amendment No. 13 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.

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

Yeas 84; Nays 17

Those who voted in the affirmative are:

Allison                Askins                 Bales
Barfield               Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Chellis                Clyburn
Cobb-Hunter            Delleney               Edge
Emory                  Fleming                Frye
Gilham                 Gourdine               Govan
Harrison               Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Huggins                Jennings               Kelley
Kennedy                Kirsh                  Klauber
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Ott                    Phillips
Quinn                  Rice                   Riser
Rivers                 Rodgers                Rutherford
Sandifer               Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Walker
Webb                   Whipper                White
Wilder                 Wilkins                Young, J.

Total--84

Those who voted in the negative are:

Altman                 Barrett                Cato
Cooper                 Dantzler               Davenport
Easterday              Freeman                Hamilton
Haskins                Loftis                 Owens
Perry                  Scarborough            Trotter
Vaughn                 Weeks

Total--17

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

H. 3695--AMENDED AND ORDERED TO THIRD READING

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, Lourie and Knotts: 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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10221HTC01), which was tabled:
Amend the bill, as and if amended, Section 20-4-160(C) page 2, beginning on line 10 by deleting /that portion of marriage license fees provided for in Section 20-1-375,/; and on line 15 after /violence/ by inserting /shelters or/. So when amended Section 20-4-160(C) reads:

(C) The Domestic Violence Fund shall receive its revenue from that portion of filing fees provided for in Section 8-21-310 in actions for divorce or separate maintenance, and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund may not be used to supplant existing funds appropriated to the department for domestic violence shelters or grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund. /
Amend the bill, further, by deleting SECTION 2 of the bill in its entirety.
Amend the bill, further, Section 8-21-310(11)(a) page 2, line 36 by deleting /ninety/ and inserting /one hundred and ten/ and by deleting /twenty/ and inserting /forty/. So when amended Section 8-21-310(11)(a) reads:
/(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, seventy dollars. When filing for divorce or separate maintenance, the fee for the first complaint or petition is one hundred ten dollars, forty dollars of which must be remitted to the State Treasurer and credited to the Domestic Violence Fund established pursuant to Section 20-4-160. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment. /
Amend further, page 3 by striking SECTION 4 and inserting:
/ SECTION 4. This act takes effect ninety days following approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. RICE explained the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. RICE continued speaking.

Rep. J. YOUNG moved to table the amendment.

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

Yeas 86; Nays 19

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bales                  Barfield               Battle
Bowers                 Breeland               Brown, G.
Brown, R.              Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Easterday
Freeman                Gilham                 Gourdine
Govan                  Hamilton               Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Jennings
Kennedy                Kirsh                  Law
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Owens                  Perry                  Phillips
Quinn                  Rhoad                  Riser
Rivers                 Rodgers                Rutherford
Scarborough            Sheheen                Simrill
Sinclair               Smith, G.M.            Smith, J.E.
Smith, J.R.            Snow                   Stille
Stuart                 Talley                 Thompson
Townsend               Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                Whipper                White
Wilder                 Young, J.

Total--86

Those who voted in the negative are:

Barrett                Brown, J.              Edge
Fleming                Frye                   Harrison
Haskins                Huggins                Kelley
Klauber                Koon                   Lee
Ott                    Rice                   Sandifer
Smith, D.C.            Smith, F.N.            Taylor
Wilkins

Total--19

So, the amendment was tabled.

Rep. STUART proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11727AC01), which was adopted:
Amend the bill, as and if amended, by deleting Section 20-4-160(C) and inserting:
/(C) The Domestic Violence Fund shall receive its revenue from that portion of marriage license fees provided for in Section 20-1-375 and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund may not be used to supplant existing funds appropriated to the department for domestic violence programs and grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund./
Amend the bill, further, by deleting Section 3 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. STUART explained the amendment.

Rep. KIRSH spoke against the amendment.
Rep. SIMRILL spoke against the amendment.

Rep. SIMRILL moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 37; Nays 65

Those who voted in the affirmative are:

Barfield               Barrett                Chellis
Cooper                 Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Hamilton               Hayes
Kelley                 Kirsh                  Klauber
Koon                   Law                    Leach
Littlejohn             Loftis                 Lucas
McCraw                 Merrill                Owens
Perry                  Phillips               Rice
Sandifer               Scarborough            Simrill
Snow                   Talley                 Taylor
Trotter                Vaughn                 Walker
Webb

Total--37

Those who voted in the negative are:

Allen                  Allison                Askins
Bales                  Battle                 Bowers
Breeland               Brown, J.              Brown, R.
Cato                   Clyburn                Coates
Cobb-Hunter            Emory                  Freeman
Gilham                 Gourdine               Govan
Harrison               Haskins                Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Kennedy                Lee                    Limehouse
Lloyd                  Lourie                 Mack
Martin                 McGee                  McLeod
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.H.             Ott                    Quinn
Rhoad                  Riser                  Rivers
Rodgers                Rutherford             Scott
Sheheen                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Stille                 Stuart
Thompson               Townsend               Weeks
Whatley                Whipper                White
Wilder                 Young, J.

Total--65

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

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

Yeas 81; Nays 20

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Barrett                Battle                 Bowers
Breeland               Brown, J.              Brown, R.
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Edge                   Emory                  Fleming
Freeman                Gilham                 Gourdine
Govan                  Harrison               Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Jennings               Kelley
Kennedy                Klauber                Law
Leach                  Lee                    Lloyd
Lourie                 Lucas                  Mack
Martin                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Quinn                  Rhoad
Riser                  Rivers                 Rodgers
Rutherford             Sandifer               Scott
Sheheen                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Walker
Weeks                  Whipper                White
Wilder                 Wilkins                Young, J.

Total--81

Those who voted in the negative are:

Barfield               Cooper                 Davenport
Delleney               Easterday              Frye
Hamilton               Kirsh                  Koon
Littlejohn             McCraw                 Owens
Perry                  Phillips               Rice
Scarborough            Simrill                Trotter
Vaughn                 Webb

Total--20

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

RECORD FOR VOTING

I was a co-sponsor of and voted in the affirmative on H. 3695, which establishes a domestic violence fund within the state treasury. I am noting for the record that I operate a family violence program which may well benefit from this legislation if passed and signed into law.

Rep. Gilda Cobb-Hunter

SPEAKER IN CHAIR
S. 557--DEBATE ADJOURNED

The following Bill was taken up:

Rep. STILLE explained the Bill.

Rep. WALKER moved to adjourn debate on the Bill until Thursday, May 31.

Rep. GOVAN moved to table the motion, which was rejected.

The question then recurred to the motion to adjourn debate until Thursday, May 31, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4218 (Word version) -- Reps. J. H. Neal, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. 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. 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 EXPRESS THE PROFOUND SORROW OF ALL SOUTH CAROLINIANS UPON THE DEATH OF CHERONE LOUIS GUNN OF NORFOLK, VIRGINIA, A TWENTY-TWO YEAR OLD SIGNALMAN SEAMAN TRAGICALLY KILLED IN THE TERRORIST ATTACK ON THE DESTROYER, USS COLE (DDG 67), AND EXPRESS THEIR DEEP AND SINCERE APPRECIATION FOR HIS COURAGE AND HIS EXTRAORDINARY SERVICE TO THE UNITED STATES OF AMERICA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4219 (Word version) -- Reps. Owens, A. Young, Chellis, Harvin and Law: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW AND DEEPEST SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST PROMINENT AND RESPECTED LEADERS, JAMES WOODROW BILTON, SR., OF ST. GEORGE, AND TO EXTEND THEIR SINCERE GRATITUDE FOR HIS LONGSTANDING FRIENDSHIP AND MEANINGFUL CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4220 (Word version) -- Reps. Edge, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, 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 COMMEND HEAD COACH LOU HOLTZ OF THE UNIVERSITY OF SOUTH CAROLINA FOR HIS UNMATCHED ACCOMPLISHMENTS AS A TEACHER, MOTIVATOR, AND COACH AND TO CONGRATULATE HIM ON HIS SUCCESSES BOTH ON AND OFF THE FIELD, INCLUDING HIS BEING NAMED THE COACH OF THE YEAR IN THE SOUTHEASTERN CONFERENCE FOR THE YEAR 2000.

Whereas, Lou Holtz became the Head Football Coach at the University of South Carolina on December 4, 1998, and in his second season led the "Fighting Gamecocks" to the biggest regular season turnaround in Southeastern Conference history with an 8-4 record and an Outback Bowl victory. Given this performance it was only fitting that Coach Holtz be named the Coach of the Year in the Southeastern Conference for the year 2000; and

Whereas, Lou Holtz was born on January 6, 1937, in Follansbee, West Virginia, where he was first introduced to football by peering through a chain-link fence on his school's playground. He later was coached by his uncle, Lou Tychenievich, who not only taught him football, but who also imparted important lessons in life; and

Whereas, during high school Lou was known for helping his coach with play-calling during games, rather than for his performance on the field. He graduated from Kent State University in 1959 and earned a Master's degree from Iowa University in 1961, where he did some assistant coaching and got his first taste of football at the collegiate level. He worked as an assistant at several other schools, including the University of South Carolina, before he landed his first head coaching job at William and Mary in 1969; and

Whereas, at William and Mary Coach Holtz began what has become his coaching trademark by transforming, in a short period of time, a suffering football program into a winning one, employing discipline, hard work, preparation, and an ability to motivate others. Coach Holtz also developed a tradition of being fully involved in the lives of his players, insisting that they fulfill their roles as student-athletes by putting forth their best effort both in the classroom and on the field; and

Whereas, Coach Holtz continued to use his winning formula at North Carolina State University, and after a brief stint in the National Football League, returned to the college ranks to work his magic in rebuilding the football programs at Arkansas and Minnesota. In 1985, he became head coach of the University of Notre Dame, taking on one of the greatest challenges in college football and proving that he could succeed at the sport's highest level; and

Whereas, Lou Holtz understood and appreciated the responsibility he was assuming at Notre Dame. By applying his skills for dealing with adversity and his commitment to bettering the lives of young people, he achieved remarkable success, including a National Championship for the "Fighting Irish" in 1988 and National Coach of the Year honors for himself that same year; and

Whereas, Coach Holtz has proven he can succeed in whatever he sets out to do from writing a best-selling book on goal setting, to being a sports analyst for CBS, to giving motivational talks to thousands of people in all walks of life. But his tremendous efforts on behalf of many charities, along with other works of public service, prove that there is much more to Coach Holtz than just "x's and o's"; and

Whereas, in 1998 Lou Holtz decided to put his formula to work by taking on what many considered a difficult task of turning around the "Gamecocks". After a first season full of personal and professional setbacks for the players and coaches, Coach Holtz and the "Gamecocks" proved to the football world that they could compete by finishing the 2000-2001 season with an outstanding 8-4 overall record, including an astonishing Outback Bowl victory over Ohio State University and Coach of the Year honors in the Southeastern Conference going to Coach Holtz; and

Whereas, the General Assembly is proud to have Lou Holtz providing his leadership and enthusiasm to the University of South Carolina and to the entire Palmetto State. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, commend Head Coach Lou Holtz of the University of South Carolina for his unmatched accomplishments as a teacher, motivator, and coach and congratulate him on his successes both on and off the field, including his being named the Coach of the Year in the Southeastern Conference for the year 2000.

Be it further resolved that a copy of this resolution be forwarded to Head Coach Lou Holtz of the University of South Carolina.

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. 4221 (Word version) -- Rep. Townsend: A BILL TO AMEND CHAPTER 5, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, BY ADDING SECTION 48-5-185 SO AS TO PROVIDE THAT LOANS MAY NOT BE MADE FROM THE REVOLVING FUND OR FROM ANY OTHER FUNDS ADMINISTERED PURSUANT TO THIS CHAPTER TO A WATER DISTRICT OR SPECIAL PURPOSE DISTRICT PROVIDING TREATED WATER WITHIN A DESIGNATED SERVICE AREA UNLESS THE WATER DISTRICT OR SPECIAL PURPOSE DISTRICT PROVIDES THE SAME SERVICE TO ALL OF THE POPULATED AREAS WITHIN ITS SERVICE AREA, OR THE LOAN IS MADE FOR THE PURPOSE OF EXTENDING TREATED WATER LINES OR OTHERWISE PROVIDING TREATED WATER, WATER SERVICES, AND INFRASTRUCTURE TO ALL POPULATED AREAS WITHIN THE DISTRICT'S SERVICE ARE NOT BEING SERVED WITH TREATED WATER, WATER SERVICES, AND INFRASTRUCTURE BY THE WATER DISTRICT OR SPECIAL PURPOSE DISTRICT.
Referred to Committee on Education and Public Works

H. 4222 (Word version) -- Reps. Frye, Koon and Ott: A BILL TO AMEND SECTION 50-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL METHODS OF CATCHING FISH, SO AS TO PROVIDE THAT NOT MORE THAN THREE RATHER THAN TWO DEVICES PERMITTED TO BE USED TO CATCH FISH MAY BE USED BY ANY ONE INDIVIDUAL WHILE FISHING; AND TO AMEND SECTION 50-13-11, AS AMENDED, RELATING TO THE USE OF UNLIMITED NUMBER OF FISHING DEVICES, SO AS TO PROVIDE THAT ANY PERSON FISHING IN A BOAT IN SALT WATER MAY USE AN UNLIMITED NUMBER OF FISHING DEVICES AS PROVIDED IN THE SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 465 (Word version) -- Senators Waldrep and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION AND TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 653 (Word version) -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-9-35 SO AS TO PROVIDE THAT LICENSING EXAMINATIONS AND EXAMINATION QUESTIONS MAINTAINED OR ADMINISTERED BY THE STATE CROP PEST CONTROL COMMISSION ARE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

CONCURRENT RESOLUTION

The following was introduced:

H. 4223 (Word version) -- Reps. Huggins, Bingham, Frye, Knotts, Koon, Riser and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT "JEWEL OF SOUTH CAROLINA VISITOR INFORMATION" SIGNS AT EIGHT LOCATIONS ALONG THE STATE'S HIGHWAYS THAT PROVIDE A TELEPHONE NUMBER WHICH ALLOWS A CALLER TO OBTAIN PRE-RECORDED INFORMATION REGARDING ACTIVITIES OCCURRING IN THE CAPITAL CITY/LAKE MURRAY COUNTRY TOURISM REGION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

H. 3678--REQUESTS FOR DEBATE WITHDRAWN AND DEBATE ADJOURNED

Upon the withdrawal of requests for debate by Reps. EASTERDAY, WALKER, RODGERS, HOSEY, GILHAM, STILLE, HAMILTON and STUART, the following Bill was taken up:

Rep. RICE moved to adjourn debate on the Bill until Thursday, May 31, which was agreed to.

S. 318--RECALLED FROM COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
S. 318 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF FISH, BY ADDING SECTION 50-13-237 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HARVEST STRIPED BASS AND STRIPED BASS HYBRIDS IN THE SAVANNAH RIVER FROM THE AUGUSTA DIVERSION DAM DOWNSTREAM TO FIELDS CUT AND THE ATLANTIC INTRACOASTAL WATERWAY, AND TO PROVIDE FOR THE EXPIRATION OF THE HARVEST RESTRICTION.

OBJECTION TO RECALL

Rep. COBB-HUNTER asked unanimous consent to recall S. 46 from the Committee on Judiciary.
Rep. SIMRILL objected.

OBJECTION TO RECALL

Rep. J. H. NEAL asked unanimous consent to recall H. 3963 from the Committee on Judiciary.
Rep. SIMRILL objected.

OBJECTION TO RECALL

Rep. KNOTTS asked unanimous consent to recall S. 253 from the Committee on Judiciary.
Rep. J. H. NEAL objected.

OBJECTION TO RECALL

Rep. QUINN asked unanimous consent to recall H. 4213 from the Committee on Ways and Means.
Rep. SCOTT objected.

OBJECTION TO RECALL

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

S. 570--RECALLED FROM COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. J. BROWN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:

S. 570 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING COMMUNITY RESIDENTIAL CARE FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2541, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

MOTION PERIOD

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

H. 3670--ORDERED TO THIRD READING

The following Bill was taken up:

Reps. TOWNSEND and J.R. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\ 11848AC01), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:

"Section 6-1-45. Notwithstanding any other provision of law, if a consumer group within a water district requests the district to provide water service, the district must have entered into a contract within six months to provide the service or the service must be provided by the closest water district that is able to provide the service."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. R. SMITH explained the amendment.

POINT OF ORDER

Rep. WEEKS raised the Point of Order that Amendment No. 2 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.

Rep. COOPER moved to table the Bill.

Rep. J. R. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 3; Nays 98

Those who voted in the affirmative are:

Cooper                 Thompson               White

Total--3

Those who voted in the negative are:

Allen                  Allison                Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Campsen                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Davenport
Delleney               Easterday              Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Govan
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
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         Neal, J.H.
Neal, J.M.             Ott                    Owens
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Rodgers                Rutherford
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Stille
Stuart                 Talley                 Taylor
Townsend               Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                Whipper                Wilder
Wilkins                Young, J.

Total--98

So, the House refused to table the Bill.

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

Yeas 90; Nays 2

Those who voted in the affirmative are:

Allen                  Allison                Bales
Barfield               Barrett                Battle
Bowers                 Brown, J.              Campsen
Cato                   Cobb-Hunter            Coleman
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Harrison
Haskins                Hines, J.              Hinson
Howard                 Huggins                Jennings
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Lourie                 Lucas                  Mack
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Owens                  Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Rivers                 Rodgers
Rutherford             Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Stuart                 Talley
Taylor                 Thompson               Trotter
Vaughn                 Walker                 Webb
Weeks                  Whatley                Whipper
Wilder                 Wilkins                Young, J.

Total--90

Those who voted in the negative are:

Cooper                 White

Total--2

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4192 (Word version) -- Reps. J. E. Smith and Lourie: A CONCURRENT RESOLUTION OFFERING THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO BEEBE JAMES, EXECUTIVE DIRECTOR OF PREVENT CHILD ABUSE SOUTH CAROLINA, ON THE OCCASION OF HER RETIREMENT.

H. 4196 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE SENECA HIGH SCHOOL SOFTBALL TEAM ON THEIR TERRIFIC SEASON OF COMPETITION AND TO CONGRATULATE THE "LADY BOBCATS" ON WINNING THE 2001 CLASS AAA SOFTBALL STATE CHAMPIONSHIP.

H. 4197 (Word version) -- Rep. J. Hines: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. THELMA FRAZIER RIVERS OF THE TOWN OF TIMMONSVILLE AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 4198 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND JAMES R. BETHUNE, SR., FOR HIS LOYAL AND DEDICATED SERVICE TO THE ORANGEBURG AREA DEVELOPMENT CENTER, A CIVIC AND SERVICE ORGANIZATION, AND FOR HIS MANY CONTRIBUTIONS TO THE COMMUNITY AND ITS CITIZENS.

H. 4204 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND THE STUDENTS, TEACHERS, ADMINISTRATORS, AND SUPPORT STAFF OF SATCHEL FORD ELEMENTARY SCHOOL, LOCATED IN COLUMBIA, SOUTH CAROLINA IN RICHLAND SCHOOL DISTRICT ONE ON THEIR OUTSTANDING SCHOOL ENVIRONMENT AND TO CONGRATULATE THEM ON THEIR SCHOOL BEING NAMED A NATIONAL BLUE RIBBON SCHOOL BY THE UNITED STATES DEPARTMENT OF EDUCATION.

H. 4205 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE COACHES AND MEMBERS OF THE RICHLAND NORTHEAST GIRLS SOCCER TEAM OF COLUMBIA UPON WINNING THE CLASS AAAA STATE CHAMPIONSHIP TITLE FRIDAY, MAY 11, 2001, AND WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.

H. 4206 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS AND COACHES OF THE RICHLAND NORTHEAST HIGH SCHOOL "CAVALIERS" BOYS TRACK AND FIELD TEAM ON WINNING THE 2001 CLASS AAAA STATE CHAMPIONSHIP ON MAY 12, 2001.

H. 4207 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND MRS. JANYE CLEMENT OF ORANGEBURG COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE TO THE ORANGEBURG AREA DEVELOPMENT CENTER AND FOR HER COMMITMENT TO IMPROVING THE LIVES OF YOUNG PEOPLE IN HER COMMUNITY AND THIS STATE.

H. 4208 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. ROBERT SHAW EVANS OF ORANGEBURG FOR HIS MANY YEARS OF DEDICATION AND SERVICE TO HIS FELLOW MAN THROUGH HIS WORK WITH THE ORANGEBURG AREA DEVELOPMENT CENTER, HIS COMMUNITY, AND THIS STATE.

ADJOURNMENT

At 4:15 p.m. the House, in accordance with the motion of Rep. COATES, adjourned in memory of Charlene Raines, councilwoman of Olanta, to meet at 10:00 a.m. tomorrow.

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