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


Printed Page 2523 . . . . . Thursday, April 26, 2001

Thursday, April 26, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Lord, keep us worthy of the unique positions to which we have been elected. Not by shielding us against disappointment and pain, but by strengthening us when they come; not by taking hardships from us, but by taking all cowardice and fear from our hearts; not by making our paths easy, but by making us sturdy enough to tread any path; not by granting unbroken sunshine, but by making our faces bright even in the shadows. So help us, God, to live nobly when it rains as in the sunshine. 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. ALTMAN moved that when the House adjourns, it adjourn in memory of Harry Luhrs of Charleston, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Representative Witherspoon who has medical problems.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2620
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 38-73-70; 1-23-110 et seq.
Percentage Named Storm or Wind/Hail Deductible


Printed Page 2524 . . . . . Thursday, April 26, 2001

Received by Speaker of the House of Representatives
April 26, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration August 24, 2001 (Subject to Sine Die Revision)

REPORTS OF STANDING COMMITTEES

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

H. 3822 (Word version) -- Reps. Cato, Tripp, Bales, Barfield, Edge, Limehouse, McCraw, Meacham-Richardson, Merrill, Robinson, Sandifer, Scott and Whatley: A BILL TO AMEND CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 12 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL INSURANCE IN CONNECTION WITH THE RENTAL OF A MOTOR VEHICLE.
Ordered for consideration tomorrow.

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

H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J. E. Smith, Rivers, Weeks and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR


Printed Page 2525 . . . . . Thursday, April 26, 2001

ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.
Ordered for consideration tomorrow.

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

S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR


Printed Page 2526 . . . . . Thursday, April 26, 2001

ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004 AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 630 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO CONGRATULATE THE YMCA OF PICKENS COUNTY ON THE CELEBRATION OF THE ONE HUNDRED FIFTIETH ANNIVERSARY OF THE YMCA MOVEMENT AND ACKNOWLEDGE WITH GREAT PRIDE THE POSITIVE IMPACT


Printed Page 2527 . . . . . Thursday, April 26, 2001

THIS ORGANIZATION HAS HAD ON THE PICKENS COUNTY COMMUNITY.

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

INTRODUCTION OF BILLS

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

H. 4027 (Word version) -- Reps. Easterday, Quinn, Simrill, Barrett, G. M. Smith, Barfield, Bingham, R. Brown, Chellis, Davenport, Hamilton, Harvin, Haskins, Keegan, Klauber, Leach, Merrill, Owens, Sandifer, F. N. Smith, Snow, Stuart, Taylor, Thompson and A. Young: A BILL TO AMEND SECTION 12-36-2130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE USE TAX, SO AS TO EXEMPT A TOTAL OF TEN THOUSAND DOLLARS OF SALES PRICE IN A CALENDAR YEAR FOR OTHERWISE TAXABLE SALES TO AN INDIVIDUAL FOR PERSONAL USE AND NOT INCLUDING ANY ITEM FOR CONSUMPTION OR USE IN A TRADE OR BUSINESS.
Rep. EASTERDAY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Ways and Means

H. 4028 (Word version) -- Rep. Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-375 SO AS TO REQUIRE A NURSING HOME, COMMUNITY RESIDENTIAL CARE FACILITY, OR DAYCARE FACILITY FOR ADULTS THAT PROVIDES A SPECIAL CARE UNIT OR PROGRAM FOR PERSONS WHO HAVE AIDS OR ARE HIV POSITIVE TO DISCLOSE TO THE PARTY SEEKING A PLACEMENT CERTAIN INFORMATION CONCERNING THE FACILITY, CARE, TREATMENT, STAFFING, ACTIVITIES, AND COSTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4029 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO


Printed Page 2528 . . . . . Thursday, April 26, 2001

CHAPTER 10, TITLE 56 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT" AND PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO PROVIDE A SYSTEM OF TRANSMITTING DATA FROM INSURANCE COMPANIES, TO PROVIDE THE DIVISION OF MOTOR VEHICLES MUST CONTRACT WITH A DESIGNATED AGENT TO COMPILE THE NECESSARY INFORMATION FOR THE DATABASE FROM INSURERS' INFORMATION; TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF DATA BY THE DEPARTMENT OF PUBLIC SAFETY BY THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE; TO AMEND SECTION 56-10-225, RELATING TO KEEPING PROOF OF INSURANCE IN THE MOTOR VEHICLE, SO AS TO PROVIDE TIME FRAMES FOR PRODUCING THE PROOF OF INSURANCE; TO AMEND SECTION 56-10-520, RELATING TO THE OPERATION OF A MOTOR VEHICLE WITHOUT FIRST PAYING THE UNINSURED MOTOR VEHICLE FEE, SO AS TO PROVIDE PENALTIES FOR THE MISDEMEANOR OFFENSE AND TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO SUSPEND A DRIVER'S LICENSE AND REGISTRATION CERTIFICATE UPON RECEIVING NOTICE OF VIOLATIONS OF ANY UNINSURED MOTORIST STATUTES, INSTEAD OF RECEIVING RECORDS OF A PERSON'S CONVICTION; TO REPEAL SECTION 56-10-270, RELATING TO THE OPERATION OF UNINSURED VEHICLES AND PENALTIES; TO AMEND SECTION 56-3-210, AS AMENDED, RELATING TO TEMPORARY LICENSE PLATES, SO AS TO MAKE THE REQUIREMENTS FOR INFORMATION ON THE TEMPORARY PLATE AND THE REQUIREMENTS FOR TRANSFER OF A LICENSE PLATE MORE DETAILED; TO REPEAL SECTION 56-3-220, RELATING TO DEALERS "SOLD" CARDS FOR VEHICLES; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO INSURERS NOTIFYING THE DEPARTMENT OF A LAPSE OR TERMINATION OF INSURANCE, SO AS TO REQUIRE THE INSURER TO GIVE THE DEPARTMENT NOTICE OF FIRST TIME POLICIES AND RENEWALS; AND TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENTS ON THE VEHICLE OWNER WHEN THE VEHICLE BECOMES UNINSURED, SO AS TO REQUIRE THE INSURER TO GIVE

Printed Page 2529 . . . . . Thursday, April 26, 2001

MORE DETAILED INFORMATION ON POLICIES TO THE DEPARTMENT.
Referred to Committee on Labor, Commerce and Industry

H. 4030 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE'S LICENSE IS SUSPENDED SO AS TO PROVIDE THE MAGISTRATES COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION TO HEAR THE OFFENSE OF DRIVING WHILE ONE'S LICENSE IS SUSPENDED FOR REASONS OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Referred to Committee on Judiciary

H. 4031 (Word version) -- Reps. McLeod and Wilder: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.
On motion of Rep. MCLEOD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4032 (Word version) -- Reps. J. M. Neal and Emory: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER SO AS TO PROVIDE THAT ON ALL WILDLIFE MANAGEMENT AREA LANDS IN GAME ZONE 4, BAITING OR HUNTING OVER A BAITED AREA IS PROHIBITED, AND TO PROVIDE THAT IN GAME ZONE 4, EXCEPT FOR DEER, BIG GAME, AND FERAL HOGS CANNOT BE BAITED OR HUNTED OVER BAIT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4033 (Word version) -- Reps. Allison and Cobb-Hunter: A BILL TO AMEND TITLE 44, CHAPTER 33, CODE OF LAWS OF SOUTH


Printed Page 2530 . . . . . Thursday, April 26, 2001

CAROLINA, 1976, RELATING TO SICKLE CELL ANEMIA, BY ADDING ARTICLE 1, SO AS TO ESTABLISH THE REDUCING RACIAL AND ETHNIC HEALTH DISPARITIES: CLOSING THE GAP GRANT PROGRAM, TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WHICH PROVIDES FUNDING THROUGH GRANTS TO LOCAL ORGANIZATIONS AND PROGRAMS TO IMPROVE HEALTH OUTCOMES OF RACIAL AND ETHNIC POPULATIONS; TO ESTABLISH THE CLOSING THE GAP COMMITTEE TO APPROVE GRANTS AND DISTRIBUTE FUNDING AND TO PROVIDE FOR ITS MEMBERSHIP AND ADDITIONAL DUTIES; TO ESTABLISH ELIGIBILITY CRITERIA AND PRIORITIES FOR GRANT PROPOSALS AND GUIDELINES FOR ISSUING AND REVIEWING GRANTS; TO CHANGE THE NAME OF CHAPTER 33, TITLE 44 TO "RACIAL AND ETHNIC HEALTH"; AND TO REDESIGNATE SECTION 44-33-10 AS SECTION 44-33-310 AND TO DESIGNATE THAT SECTION AS ARTICLE 3, CHAPTER 33 ENTITLED "SICKLE CELL ANEMIA".
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4035 (Word version) -- Reps. J. Brown, Emory, J. Hines, M. Hines, Hosey, Littlejohn, Lloyd, Lourie, Miller, Moody-Lawrence, J. M. Neal, Riser, Rivers, Scott and Snow: A BILL TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VETERANS AFFAIRS, BY ADDING SECTION 25-11-55 TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS DIRECTLY TO THE COUNTY VETERANS AFFAIRS OFFICES IN A MANNER TO BE PROVIDED BY LAW.
Referred to Committee on Ways and Means

H. 4031--ORDERED TO BE READ SECOND TIME TOMORROW

On motion of Rep. MCLEOD with unanimous consent, it was ordered that H. 4031 (Word version) be read the second time tomorrow.


Printed Page 2531 . . . . . Thursday, April 26, 2001

CONCURRENT RESOLUTION

The following was introduced:

H. 4034 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO COMMEND THE MEMBERS OF THE COWPENS LIONS CLUB ORGANIZED IN 1951 UPON THE CELEBRATION OF THEIR FIFTIETH ANNIVERSARY ON JUNE 18, 2001, AND TO EXTEND TO THEM MANY MORE YEARS OF FAITHFUL SERVICE TO THE COMMUNITY.

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

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Hamilton               Harrell
Harrison               Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kelley                 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.M.
Ott                    Owens                  Parks

Printed Page 2532 . . . . . Thursday, April 26, 2001

Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Weeks                  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 Thursday, April 26.

Jerry Govan                       Todd Rutherford
Joseph Neal                       Harry Askins

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. W. D. SMITH a leave of absence due to a death in the family.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence for the day due to a death in the family and being out of town visiting a sick aunt.

SPECIAL PRESENTATION

Rep. OTT presented to the House the Calhoun County High School "Saints" Boys Basketball Team, the 2000-2001 Class AA State Champions, their coaches and other school officials.


Printed Page 2533 . . . . . Thursday, April 26, 2001

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. 3623 (Word version)
Date:   ADD:
04/26/01   ROBINSON

CO-SPONSOR ADDED

Bill Number:   H. 3749 (Word version)
Date:   ADD:
04/26/01   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 3484 (Word version)
Date:   ADD:
04/26/01   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 3789 (Word version)
Date:   ADD:
04/26/01   WEEKS


Printed Page 2534 . . . . . Thursday, April 26, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3693 (Word version)
Date:   ADD:
04/26/01   GILHAM

CO-SPONSOR ADDED

Bill Number:   H. 3789 (Word version)
Date:   ADD:
04/26/01   A. YOUNG

CO-SPONSOR ADDED

Bill Number:   H. 4018 (Word version)
Date:   ADD:
04/26/01   KLAUBER

CO-SPONSOR REMOVED

Bill Number:   H. 3968 (Word version)
Date:   REMOVE:
04/26/01   TALLEY

CO-SPONSOR REMOVED

Bill Number:   H. 3968 (Word version)
Date:   REMOVE:
04/26/01   THOMPSON

CO-SPONSOR REMOVED

Bill Number:   H. 3968 (Word version)
Date:   REMOVE:
04/26/01   RICE

CO-SPONSOR REMOVED

Bill Number:   H. 3968 (Word version)
Date:   REMOVE:
04/26/01   LOFTIS

ORDERED ENROLLED FOR RATIFICATION

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


Printed Page 2535 . . . . . Thursday, April 26, 2001

S. 593 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY STUDENTS OF ORCHARD PARK ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY ON APRIL 9, 2001, BECAUSE OF A BROKEN WATER LINE AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

ORDERED TO THIRD READING

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

H. 4020 (Word version) -- Reps. Frye and Parks: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF SALUDA COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

H. 3510 (Word version) -- Reps. McLeod, Davenport, Lourie and Scott: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS; AND AMONG OTHER THINGS, TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES AND TO ORGANIZE THESE LICENSES INTO WELL CONSTRUCTION CATEGORIES; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE PERCOLATION TEST TECHNICIAN LICENSURE; TO PROVIDE FOR ADMINISTRATIVE CITATIONS AND PENALTIES FOR UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING


Printed Page 2536 . . . . . Thursday, April 26, 2001

PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE POWERS OF THE BOARD IN GRANTING LICENSURE TO NONRESIDENTS; AND TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION.

H. 3749 (Word version) -- Reps. J. E. Smith and Weeks: A BILL TO PROVIDE FOR AN ADDITIONAL CLAIMS REPRESENTATIVE IN THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, TO SPECIALIZE IN THE SPECIFIC NEEDS AND DISEASES ASSOCIATED WITH VETERANS OF THE VIETNAM ERA, TO REPRESENT THE DIVISION OF VETERANS AFFAIRS ON THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND ON THE HEPATITIS C COALITION ESTABLISHED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO ASSIST THE DIVISION OF VETERANS AFFAIRS IN CARRYING OUT ITS DUTIES IN CONNECTION WITH THE AGENT ORANGE INFORMATION AND ASSISTANCE PROGRAM, TO REPRESENT THE DIRECTOR IN CONNECTION WITH FUNCTIONS RELATING TO VIETNAM VETERANS, AND TO PERFORM OTHER DUTIES AS ASSIGNED.

Rep. BREELAND explained the Bill.

H. 3484 (Word version) -- Reps. Knotts, Bingham, Coates, Edge, McGee and Weeks: A BILL TO AMEND SECTION 40-13-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COSMETOLOGISTS,


Printed Page 2537 . . . . . Thursday, April 26, 2001

ESTHETICIANS, AND NAIL TECHNICIANS, SO AS TO INCREASE THE SKIN CARE CLASS HOURS FROM FOUR HUNDRED AND FIFTY HOURS TO SIX HUNDRED HOURS FOR LICENSURE AS AN ESTHETICIAN AND TO INCREASE THE CLASS HOURS FROM THREE HUNDRED HOURS TO FOUR HUNDRED AND FIFTY HOURS FOR LICENSURE AS A NAIL TECHNICIAN.

Rep. KNOTTS explained the Bill.

H. 3880 (Word version) -- Rep. Cato: A BILL TO AMEND ARTICLE 5, CHAPTER 77, TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, BY ADDING SECTION 38-77-640 SO AS TO CLARIFY AND FURTHER EXPLAIN THE CRITERIA FOR IMPOSITION OF A SURCHARGE ON LIABILITY INSURANCE PREMIUMS FOR RECOUPMENT OF FACILITY ASSESSMENTS OR LOSSES.

Rep. CATO explained the Bill.

H. 3812 (Word version) -- Rep. Harrison: A BILL TO REPEAL SECTION 40-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES COLLECTED BY THE SOUTH CAROLINA STATE BAR.

Rep. HARRISON explained the Bill.

H. 4020--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FRYE, with unanimous consent, it was ordered that H. 4020 (Word version) be read the third time tomorrow.

H. 3510--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 3510 (Word version) be read the third time tomorrow.


Printed Page 2538 . . . . . Thursday, April 26, 2001

H. 3749--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BREELAND, with unanimous consent, it was ordered that H. 3749 (Word version) be read the third time tomorrow.

H. 3484--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KNOTTS, with unanimous consent, it was ordered that H. 3484 (Word version) be read the third time tomorrow.

H. 3880--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3880 (Word version) be read the third time tomorrow.

H. 3812--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3812 (Word version) be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3560 (Word version) -- Rep. Edge: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42 ENACTING THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY, TO PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC AUTHORIZATION FOR SUCH BANS ENACTED BY THE GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER.


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H. 3718 (Word version) -- Reps. Kelley, Allison, Barfield, Barrett, Edge, Frye, Keegan, Kirsh, Knotts, Koon, Leach, Loftis, Riser, Robinson, Sandifer, Snow, Trotter, Vaughn, Walker, Webb, Whatley, White, A. Young, Bowers and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO ENACT THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT PARTICIPANTS IN THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM.

H. 3175 (Word version) -- Reps. Clyburn, Wilder, Cobb-Hunter and Whipper: A BILL TO AMEND SECTION 9-1-1795, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE EARNINGS LIMITATION FOR RETIRED CERTIFIED TEACHERS EMPLOYED IN GEOGRAPHIC OR CRITICAL ACADEMIC NEED AREAS, SO AS TO PROVIDE THAT BEGINNING JUNE 1, 2001, ANY RETIRED CERTIFIED SCHOOL DISTRICT EMPLOYEE WHO IS NOT A CERTIFIED TEACHER MAY RETURN TO SUCH CERTIFIED EMPLOYMENT IN A SCHOOL OR SCHOOL DISTRICT WHICH IS IN A CRITICAL GEOGRAPHIC NEED AREA, WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW WITHOUT AFFECTING THE MONTHLY ALLOWANCE HE OR SHE IS RECEIVING FROM THE SYSTEM, AND TO PROVIDE THAT BEGINNING JUNE 1, 2001, A CERTIFIED TEACHER ALSO MAY RETURN TO TEACH IN THE CLASSROOM IN HIS AREA OF CERTIFICATION IN A SCHOOL OR SCHOOL DISTRICT WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW.

H. 3885 (Word version) -- Reps. Meacham-Richardson, Simrill, Kirsh and Vaughn: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES AND SECTION 12-36-2120, RELATING


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TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE EXEMPTIONS FROM SALES TAX AND DEED RECORDING FEES FOR SALES, EXCHANGES, AND TRANSFERS OF ELECTRIC TRANSMISSION FACILITIES; AND TO AMEND SECTION 12-6-3410, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ALLOW CERTAIN LIMITED LIABILITY COMPANIES TO BE TREATED AS CORPORATIONS FOR THIS PURPOSE.

H. 3163 (Word version) -- Reps. Wilkins, Campsen, Wilder, Jennings, Coates, Whatley, Cobb-Hunter, Altman, Owens, Lourie, McLeod, Bowers, Robinson, Simrill, J. E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.

H. 3755 (Word version) -- Reps. Wilkins, Harrell, Quinn, W. D. Smith, Campsen, Simrill and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 2-7-130, 2-15-140, AND 11-11-75 SO AS TO PROVIDE THAT A PROVISION ADDING TO, AMENDING, OR REPEALING A PART OF THE GENERAL AND PERMANENT LAW OF THE STATE MUST NOT BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS BILL OR ANY BILL OR JOINT RESOLUTION MAKING SUPPLEMENTAL APPROPRIATIONS, TO CREATE A DIVISION WITHIN THE LEGISLATIVE AUDIT COUNCIL TO CONDUCT EVALUATIONS OF PROGRAMS OF STATE AGENCIES AND DEPARTMENTS TO DETERMINE IF THESE PROGRAMS HAVE OUTLIVED THEIR USEFULNESS OR SHOULD BE CHANGED TO ADDRESS THE PRIORITIES AND NEEDS OF THE CITIZENS THEY AFFECT, PROVIDE FOR A PROCEDURE FOR THE INITIATION OF A REVIEW, AND PROVIDE FOR ITS FINDINGS AFTER A REVIEW HAS BEEN COMPLETED, AND TO REQUIRE THE GOVERNOR IN THE PREPARATION OF THE ANNUAL


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RECOMMENDED STATE BUDGET TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES AND TO REQUIRE THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE IN THE CONSIDERATION OF THE ANNUAL GENERAL APPROPRIATIONS BILL AND BILLS OR JOINT RESOLUTIONS MAKING SUPPLEMENTAL APPROPRIATIONS TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES.

H. 3966 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, OFFICE OF HUMAN RESOURCES, RELATING TO STATE HUMAN RESOURCES REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2609, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3502 (Word version) -- Reps. McGee, Askins, Coates, J. Hines and M. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 22 SO AS TO ENACT THE "COOPERATIVE EDUCATIONAL SERVICE CENTERS ACT OF 2001" WHICH AUTHORIZES THE CREATION OF REGIONAL COOPERATIVE EDUCATIONAL SERVICE CENTERS BY TWO OR MORE SCHOOL DISTRICTS OR BY A SCHOOL DISTRICT AND A POST-SECONDARY INSTITUTION FOR PROVIDING INSTRUCTIONAL, ADMINISTRATIVE, AND OTHER SERVICES DESIRED BY THE PARTICIPATING SCHOOL DISTRICTS OR INSTITUTIONS.

H. 3696 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.


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H. 3447 (Word version) -- Reps. Cato, Cobb-Hunter, Jennings, Bales, Barfield, Barrett, Battle, G. Brown, J. Brown, Carnell, Davenport, Delleney, Edge, Harrison, Hayes, Hinson, Howard, Kelley, Knotts, Lee, Limehouse, Littlejohn, Lourie, McCraw, Meacham-Richardson, J. H. Neal, Rutherford, Sandifer, Scott, F. N. Smith, J. E. Smith, Talley, Taylor, Walker, Webb, Whatley, Whipper, Wilkins, White, Miller and Simrill: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF SOCIAL WORKERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO REVISE SOCIAL WORK LICENSURE CLASSIFICATIONS AND THEIR RESPECTIVE AREAS AND SCOPE OF PRACTICE; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF SOCIAL WORKERS; AND TO PROVIDE A ONE-YEAR PERIOD WITHIN WHICH TO CONVERT A CURRENT LICENSE TO A LICENSE WITHIN THE REVISED CLASSIFICATIONS.

H. 3721 (Word version) -- Reps. Cato, J. E. Smith, Chellis, Knotts, Cooper, Bales, Hayes, Harvin, Tripp, Leach, Ott, Whatley, Edge, Hinson and Barfield: A BILL TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER FINANCING IN CONNECTION WITH LICENSING OF CONSUMER FINANCE COMPANIES, SO AS TO ALLOW A LICENSEE TO CHARGE A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN UNPAID INSTALLMENT AFTER TEN DAYS AND TO ADD A MAINTENANCE FEE OF THREE DOLLARS A MONTH TO THE GROSS AMOUNT OF THE PROMISSORY NOTE, IF THAT FEE IS REFUNDED PRO RATA UPON PREPAYMENT OF THE NOTE; TO AMEND SECTION 37-3-203, AS AMENDED, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN OR REFINANCING OF A CONSUMER LOAN, SO AS TO PROVIDE FOR A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN INSTALLMENT THAT IS UNPAID TEN DAYS AFTER ITS DUE DATE AND TO ALLOW A CREDITOR TO APPLY PAYMENT TO A DELINQUENT RATHER THAN CURRENT OR UNMATURED INSTALLMENT; AND TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO REMEDIES AND


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PENALTIES IN CONNECTION WITH CONSUMER TRANSACTIONS, SO AS TO CLARIFY FACTORS FOR CONSIDERATION IN A DETERMINATION OF UNCONSCIONABLE CONDUCT.

RETURNED TO THE SENATE WITH AMENDMENTS

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

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

S. 556--DEBATE ADJOURNED

Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, May 1, which was adopted:

S. 556 (Word version) -- Senators O'Dell, Glover, Bauer, Ford, Short, Peeler, Holland, McGill, Waldrep, Passailaigue, Elliott, Moore, Setzler, Reese, Land, Patterson, Rankin, Pinckney, Hutto, Drummond, Alexander, Ritchie, Martin, Branton, Mescher, Thomas, Ravenel, Hayes and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.

H. 3932--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3932 (Word version) -- Reps. Law, Hinson, Merrill and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-240 SO AS TO EXEMPT FROM THE PUBLIC SERVICE COMMISSION'S REGULATIONS THOSE


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UTILITY SERVICES, EXCEPT THE PROVISION OF ELECTRICAL SERVICE, PROVIDED TO AN INDUSTRIAL USER WHEN THE USER AND PROVIDER HAVE AGREED TO A WRITTEN CONTRACT FOR THE SERVICES, THE USER IS LOCATED IN AN INDUSTRIAL PARK, AND WHERE JURISDICTIONAL UTILITIES HAVE AGREED IN WRITING TO WAIVE THEIR RIGHT TO NOTICE AND OPPORTUNITY FOR A HEARING ON THE CONTRACT, AND REQUIRE THE PROVIDER OF UTILITY SERVICES TO FILE THE WRITTEN AGREEMENT WITH THE COMMISSION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\ 1435DW01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   The 1976 Code is amended by adding:

"Section 58-3-240.   (A)   As used in this section:

(1)   'privately-owned industrial park' means a privately-owned tract of real property which is used solely for industrial uses, in which the provider of utility services owns or operates an industrial premises and owns or operates facilities for the provision of utility services and on which there is located one or more industrial users. The term 'privately-owned industrial park' also means those additional tracts as may be subsequently incorporated into the industrial park;

(2)   'industrial premises' means a building, structure, plant, or facility which is located in a privately-owned industrial park and is owned or leased by an industrial user;

(3)   'industrial user' means any person, corporation, or association which is engaged in the business of manufacturing, processing, assembling, fabricating, or related work;

(4)   'provider of utility services' means a person, corporation, or association, other than a regulated public utility or its affiliates that offer or provide , or both, utility services to the public or any portion of it outside a privately-owned industrial park, which provides any or all of those services which are defined in Chapters 5 and 7 of this title, excluding gas, and subject to regulation by the commission and where the services are provided to an industrial user in a privately-owned industrial park; and

(5)   'jurisdictional utilities' means those persons, corporations, associations, or political subdivisions which provide services subject to


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the jurisdiction of the commission under Chapters 5 and 7 of this title, excluding gas.

(B)   The provisions of Chapters 5 and 7 of this title, excluding gas, are not applicable to the provision of utility services to industrial users of these services where the industrial users are located in a privately-owned industrial park where the provider of utility services and the industrial user have agreed in writing to the terms and conditions for the provision of utility services and where all jurisdictional utilities which would have a right to provide any or all of the utility services have agreed in writing to waive their right to further notice and opportunity for hearing with respect to the written agreement and the provision of the services under the terms of the agreement.

(C)   Within twenty days after the execution of a written agreement between a provider of utility services and an industrial user pursuant to subsection (B) of this section, the provider of utility services shall file with the commission, for information only, the written agreement and all waivers executed by jurisdictional utilities pursuant to subsection (B)."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3932--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LAW, with unanimous consent, it was ordered that H. 3932 (Word version) be read the third time tomorrow.

H. 4015--POINT OF ORDER

The following Bill was taken up:

H. 4015 (Word version) -- Reps. Breeland, Whipper, Harrell, Weeks, Limehouse, Allison, Bowers, R. Brown, Dantzler, Emory, Gourdine, J. Hines, M. Hines, Hosey, Law, Lloyd, Mack, Meacham-Richardson, Miller, J. M. Neal, Rivers, Scarborough, Snow and Stuart: A BILL TO


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AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-693 SO AS TO DESIGNATE PORGY AND BESS AS THE OFFICIAL OPERA OF THIS STATE AND TO PROVIDE THAT COPYRIGHTED OR PROPRIETARY MATERIAL FROM PORGY AND BESS MAY NOT BE USED WITHOUT THE PERMISSION OF THE OWNERS OF THAT MATERIAL.

POINT OF ORDER

Rep. BREELAND 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. 4018--POINT OF ORDER

The following Bill was taken up:

H. 4018 (Word version) -- Reps. Stille, Carnell, Townsend and Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-709 SO AS TO DESIGNATE THE HISTORIC ABBEVILLE OPERA HOUSE IN ABBEVILLE, SOUTH CAROLINA, AS THE OFFICIAL STATE RURAL DRAMA THEATER.

POINT OF ORDER

Rep. RICE 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. 4022--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4022 (Word version) -- Reps. Martin and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-70 SO AS TO SUSPEND DURING A STATE OF EMERGENCY DECLARED BY THE GOVERNOR AND FOR THIRTY DAYS THEREAFTER THE REGISTRATION, PERMITTING, SIZE, WEIGHT, LOAD, AND TIME OF SERVICE REQUIREMENTS FOR VEHICLES RESPONDING TO THE STATE


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OF EMERGENCY AND TO PRESCRIBE CERTAIN VEHICULAR AND OPERATIONAL REQUIREMENTS DURING THIS PERIOD.

Rep. RICE proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11601AC01), which was adopted:
Amend the bill, as and if amended, Section 56-5-70 page 1, beginning on line 37 by deleting /; and/ and inserting /./; and by deleting item (4) on lines 39-41.
Renumber sections to conform.
Amend totals and title to conform.

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

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

H. 4022--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MARTIN, with unanimous consent, it was ordered that H. 4022 (Word version) be read the third time tomorrow.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

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

H. 4036 (Word version) -- Reps. Rutherford and Howard: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE W. J. KEENAN HIGH SCHOOL BOYS BASKETBALL TEAM OF COLUMBIA, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM FOR WINNING THE AAA STATE CHAMPIONSHIP TITLE FOR THE SECOND CONSECUTIVE YEAR.

Be it resolved by the House of Representatives:


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That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the W. J. Keenan High School Boys Basketball team of Columbia, at a date and time to be determined by the Speaker, to congratulate them for winning the AAA State Championship title for the second consecutive year.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4037 (Word version) -- Reps. Rutherford and Howard: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE W. J. KEENAN HIGH SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE AAA STATE CHAMPIONSHIP TITLE FOR THE SECOND CONSECUTIVE YEAR AND WISH THEM MUCH SUCCESS IN THE FUTURE.

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

H. 3623--REQUESTS FOR DEBATE WITHDRAWN

Reps. J. R. SMITH, KIRSH and THOMPSON withdrew their requests for debate on H. 3623 (Word version); however, other requests for debate remained on the Bill.

H. 3968--REQUESTS FOR DEBATE WITHDRAWN

Reps. J. R. SMITH, D. C. SMITH, LEE and SINCLAIR withdrew their requests for debate on H. 3968 (Word version); however, other requests for debate and an objection remained on the Bill.

H. 3933--REQUESTS FOR DEBATE WITHDRAWN

Reps. MCGEE, COATES and OWENS withdrew their requests for debate on H. 3933 (Word version); however, other requests for debate remained on the Bill.

H. 3695--REQUESTS FOR DEBATE WITHDRAWN

Reps. HARRELL and HINSON withdrew their requests for debate on H. 3695 (Word version); however, other requests for debate remained on the Bill.


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S. 297--REQUEST FOR DEBATE WITHDRAWN

Rep. SHARPE withdrew his request for debate on S. 297 (Word version); however, other requests for debate remained on the Bill.

H. 3623--REQUEST FOR DEBATE WITHDRAWN

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

H. 3623 (Word version) -- Reps. Allison, Townsend and Robinson: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.

H. 3719--REQUESTS FOR DEBATE WITHDRAWN

Reps. CLYBURN, MCGEE, LAW, R. BROWN, J. HINES and J. R. SMITH withdrew their requests for debate on H. 3719 (Word version); however, other requests for debate remained on the Bill.

H. 3933--REQUESTS FOR DEBATE WITHDRAWN

Reps. ASKINS and LLOYD withdrew their requests for debate on the following Bill:

H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON


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MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.

H. 3968--REQUESTS FOR DEBATE WITHDRAWN

Reps. WALKER and ALLISON withdrew their requests for debate on H. 3968 (Word version); however, other requests for debate remained on the Bill.

H. 3789--REQUEST FOR DEBATE WITHDRAWN

Rep. SCOTT withdrew his request for debate on H. 3789 (Word version); however, other requests for debate remained on the Bill.


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H. 3933--REQUEST FOR DEBATE WITHDRAWN

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

H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS


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THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.

H. 3789--REQUEST FOR DEBATE WITHDRAWN

Rep. GOURDINE withdrew his request for debate on H. 3789 (Word version); however, other requests for debate remained on the Bill.

H. 3623--REQUEST FOR DEBATE WITHDRAWN

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

H. 3623 (Word version) -- Reps. Allison, Townsend and Robinson: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.

H. 3681--REQUEST FOR DEBATE WITHDRAWN

Rep. KNOTTS withdrew his request for debate on H. 3681 (Word version); however, other requests for debate remained on the Bill.

S. 297--REQUEST FOR DEBATE WITHDRAWN

Rep. SCOTT withdrew his request for debate on S. 297 (Word version); however, other requests for debate remained on the Bill.

H. 3789--REQUEST FOR DEBATE WITHDRAWN

Rep. LLOYD withdrew his request for debate on H. 3789 (Word version); however, other requests for debate remained on the Bill.


Printed Page 2553 . . . . . Thursday, April 26, 2001

H. 3695--REQUEST FOR DEBATE WITHDRAWN

Rep. KNOTTS withdrew his request for debate on H. 3695 (Word version); however, other requests for debate remained on the Bill.

OBJECTION TO RECALL

Rep. HARRELL asked unanimous consent to recall H. 3591 (Word version) from the Committee on Ways and Means.
Rep. F. N. SMITH objected.

S. 67--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. MERRILL, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 67 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.

H. 3933--REQUEST FOR DEBATE WITHDRAWN

Rep. RUTHERFORD, with unanimous consent, withdrew his request for debate on the following Bill:

H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS


Printed Page 2554 . . . . . Thursday, April 26, 2001

OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.

OBJECTION TO RECALL

Rep. COOPER asked unanimous consent to recall H. 3946 (Word version) from the Committee on Judiciary.
Rep. KNOTTS objected.

OBJECTION TO RECALL

Rep. EASTERDAY asked unanimous consent to recall H. 3368 (Word version) from the Committee on Education and Public Works.
Rep. WALKER objected.


Printed Page 2555 . . . . . Thursday, April 26, 2001

H. 3389--RECALLED AND REFERRED TO COMMITTEE ON INVITATIONS AND MEMORIAL RESOLUTIONS

On motion of Rep. FLEMING, with unanimous consent, the following House Resolution was ordered recalled from the Committee on Judiciary and was referred to the Committee on Invitations and Memorial Resolutions:

H. 3389 (Word version) -- Reps. W. D. Smith, Wilkins, Barrett, Keegan, Klauber, Robinson, Simrill, Tripp, Vaughn, Walker, Coates, Knotts, Sharpe, Lourie, D. C. Smith, Rodgers, J. Young, Townsend, Kelley, Altman, Sandifer, Quinn, McGee, Fleming, Riser, Harrison, Allison, Bingham, Campsen, Cato, Chellis, Cotty, Dantzler, Delleney, Easterday, Freeman, Gilham, Hamilton, Haskins, Hinson, Law, Leach, Littlejohn, Loftis, Martin, Merrill, Neilson, Scarborough, G. M. Smith, J. R. Smith, Talley, Taylor, Thompson, Trotter, Whatley, White, Witherspoon and A. Young: A HOUSE RESOLUTION TO ESTABLISH THE RONALD WILSON REAGAN COMMEMORATIVE COMMITTEE TO SELECT AN ARTIST TO PAINT A PORTRAIT OF THE HONORABLE RONALD WILSON REAGAN, FORTIETH PRESIDENT OF THE UNITED STATES, TO REQUIRE THE COMMITTEE TO PERFORM CERTAIN OTHER FUNCTIONS, INCLUDING THE RAISING OF PRIVATE FUNDING FOR THE PORTRAIT, AND TO PROVIDE THAT THE PORTRAIT SHALL BE PLACED APPROPRIATELY IN THE HALL OF THE HOUSE OF REPRESENTATIVES UPON COMPLETION.

RECURRENCE TO THE MORNING HOUR

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

H. 3623--REQUEST FOR DEBATE, AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3623 (Word version) -- Reps. Allison, Townsend and Robinson: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH


Printed Page 2556 . . . . . Thursday, April 26, 2001

ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.

Rep. F. N. SMITH requested debate on the Bill.

Rep. ROBINSON proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5358SD01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
\ SECTION 1.   Section 59-63-280(C) of the 1976 Code, as added by Act 24 of 1991, is amended to read:

"(C)   The board of trustees of each school district shall include the prohibition in subsection (A) of this section in the district's written standards of student conduct. A student who violates the prohibition is subject to discipline as provided by board policy, consistent with this subsection. Each school district in this policy shall also provide for the disposition by each school of paging devices that are confiscated pursuant to this section which may include destruction of the devices, returning the devices to the owner, or a sale or a gift of the devices to third parties or charities." /
Renumber sections to conform.
Amend totals and title to conform.

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

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

OBJECTION TO MOTION

Rep. ALLISON asked unanimous consent that H. 3623 (Word version) be read a third time tomorrow.
Rep. DAVENPORT objected.


Printed Page 2557 . . . . . Thursday, April 26, 2001

H. 3933--OBJECTION, AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS


Printed Page 2558 . . . . . Thursday, April 26, 2001

THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22015CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 56-1-50 of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:

"Section 56-1-50.   (A) A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.

(B)   The permit is valid only in the operation of:

(1)   vehicles during the daylight hours after six o'clock a.m. and not later than midnight. Except as provided in subsection (E), while driving, the permittee must be accompanied by a licensed driver twenty-one years of age or older who has had at least one year of driving experience. A permittee may not drive between midnight and six o'clock a.m. unless accompanied by the permittee's licensed parent or guardian;

(2)   motorcycles, motor scooter scooters, or light motor-driven cycle cycles of five-brake horsepower or less during daylight hours after six o'clock a.m. and not later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the permittee may operate motor scooters or light motor-driven cycles after six o'clock a.m. and not later than eight o'clock p.m. A permittee may not operate a motorcycle,


Printed Page 2559 . . . . . Thursday, April 26, 2001

motor scooter, or light motor-driven cycle at any other time unless supervised by the permittee's motorcycle licensed parent or guardian.

(C)   Except as provided in subsection (E), while driving, as provided in subsection (B)(1), the permittee must be accompanied by a licensed driver twenty-one years of age or older who has had at least one year of driving experience, and who is occupying The accompanying driver must occupy a seat beside the driver permittee, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver permittee on a saddle-type seat or beside the driver permittee on a bench-type seat.

(D)   A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. A permit is not valid until it has been signed by the permittee.

(E)   The following persons are not required to obtain a beginner's permit to operate a motor vehicle:

(1)   a student regularly enrolled in a high school of this State which conducts a driver's training course while the student is participating in the course and when accompanied by a qualified instructor of the course; and

(2)   a person fifteen years of age or older enrolled in a driver training course conducted by a driver training school licensed under Chapter 23 of this title. However, this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law.

(F)   A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety one hundred eighty days before being eligible for full licensure.


Printed Page 2560 . . . . . Thursday, April 26, 2001

(G) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m."
SECTION   2.   Section 56-1-175 of the 1976 Code, as added by Act 258 of 1998, is amended to read:

"Section 56-1-175.   (A)   The department may issue a provisional conditional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:

(1)   held a beginner's permit for at least ninety one hundred eighty days;

(2)   passed a driver's education course as defined in subsection (D)(E);

(3)   completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by the person's licensed parent or guardian;

(4)   passed successfully the road tests or other requirements the department may prescribe; and

(4)(5)   satisfied the school attendance requirement contained in Section 56-1-176.

(B) A provisional conditional driver's license is valid only in the operation of:

(1)   vehicles during daylight hours. The holder of a provisional conditional license must be accompanied by a licensed adult twenty-one years of age or older after six o'clock p.m., or eight o'clock p.m. during daylight saving time. A provisional conditional driver's license holder may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian;

(2)   a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours.

(C)   A conditional driver's license holder may not transport more than two passengers who are under twenty-one years of age unless accompanied by a licensed adult who is twenty-one years of age or older. This restriction does not apply when the conditional driver's license holder is transporting family members.

(D)   Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the provisional conditional license may operate a vehicle after six o'clock a.m. and no


Printed Page 2561 . . . . . Thursday, April 26, 2001

later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.

(D)(E)   A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instructor permit contained in Section 56-23-85.

(E)(F)   For purposes of issuing a provisional conditional driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students."
SECTION   3.   Section 56-1-176 of the 1976 Code, as added by Act 258 of 1998, is amended to read:

"Section 56-1-176.   (A)   School attendance is a condition for the issuance of a provisional conditional driver's license and a special restricted driver's license. The department may not issue a provisional conditional driver's license or a special restricted driver's license to a person pursuant to Section 56-1-175 or Section 56-1-180 unless the person:

(1)   has a high school diploma or certificate, or a General Education Development Certificate; or

(2)   is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or a similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education or is home schooled under the provisions contained in Sections 59-65-40, 59-65-45, or 59-65-47, and:

(a)   the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and

(b)   the person is not suspended or expelled from school.

(B)   Documentation of enrollment status must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2)."
SECTION   4.   Section 56-1-180 of the 1976 Code, as last amended by Act 258 of 1998, is amended to read:


Printed Page 2562 . . . . . Thursday, April 26, 2001

"Section 56-1-180.   (A)   The department 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, who first has: held a beginner's permit for ninety days and who has successfully passed the road tests or other requirements the department in its discretion may prescribe

(1)   held a beginner's permit for at least one hundred eighty days;

(2)   passed a driver's education course as defined in subsection (F);

(3)   completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by the person's licensed parent or guardian;

(4)   passed successfully the road test or other requirements the department may prescribe; and

(5)   satisfied the school attendance requirement contained in Section 56-1-176.

(B)   The special restricted driver's license is valid only in the operation of:

(1)   vehicles during daylight hours. During nighttime hours, the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. The holder of a special restricted driver's license may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian. The restrictions in this section may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:

(a)   employment or the opportunity for employment;

(b)   travel between the licensee's home and place of employment or school; or

(c)   travel between the licensee's home or place of employment and vocational training;

(2)   a motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

(C)   The waiver or modification of restrictions provided for in item (1) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.


Printed Page 2563 . . . . . Thursday, April 26, 2001

(D)   A special restricted license holder may not transport more than two passengers who are under twenty-one years of age unless accompanied by a licensed adult twenty-one years of age or older. This restriction does not apply when the special restricted license holder is transporting family members.

(E)   Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the special restricted license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.

(F)   A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instruction permit contained in Section 56-23-85.

(G)   For purposes of issuing a special restricted driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students."
SECTION   5.   Section 56-1-185 of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:

"Section 56-1-185.   (A)   A person while operating a motor vehicle under a conditional or a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six twelve months and is not eligible to be issued a regular driver's license until one year from the date of the last traffic offense or accident in which he was at fault or until he is seventeen years of age during which period the licensee must be free of any traffic convictions.

(B)   A person while operating a motor vehicle under a beginner's permit or a provisional conditional or a special restricted driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."


Printed Page 2564 . . . . . Thursday, April 26, 2001

SECTION   6.   Section 56-1-40(1) of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:

"(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 conditional license, if the driver has not been convicted of a point-assessable traffic offense posted to his driver's record or has not been involved in an accident in which he was at fault 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' 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;"
SECTION   7.   Section 56-1-130(C) of the 1976 Code, as last amended by Act 375 of 2000, is further amended to read:

"(C)   A basic driver's license authorizes the licensee to operate motor vehicles, automotive three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding any other provision of law, the holder of a provisional conditional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional conditional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.

A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, motorcycle three-wheel vehicle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses, or oversize or


Printed Page 2565 . . . . . Thursday, April 26, 2001

overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license."
SECTION   8.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend and title to conform.

Rep. TOWNSEND explained the amendment.

Rep. HOWARD objected to the Bill.

The amendment was then adopted.

Rep. MCGEE proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22028CM01), which was adopted:
Amend the bill, as and if amended, Section 56-1-175(C), as contained in SECTION 2, page 3933-4, by adding before the / . / on line 7 / , or students to or from school /
Amend further Section 56-1-176(D), as contained in SECTION 4, page 3933-6, by adding before the / . / on line 15 / , or students to or from school /
Amend title to conform.

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

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

OBJECTION TO MOTION

Rep. TOWNSEND asked unanimous consent that H. 3933 (Word version) be read a third time tomorrow.
Rep. HOWARD objected.

H. 3968--REQUESTS FOR DEBATE WITHDRAWN AND REQUESTS FOR DEBATE

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

H. 3968 (Word version) -- Reps. J. Brown, Townsend, W. D. Smith, Sandifer, McGee, Robinson, Barrett, Hayes, Simrill, Gourdine, Scott, Cotty, J. E. Smith, Cato, Whipper, Tripp, Coates, Kennedy, Allison,


Printed Page 2566 . . . . . Thursday, April 26, 2001

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

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CAROLINA" AND TO RENAME CHAPTER 39, TITLE 44 AS "DIABETES".

Rep. J. Brown proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11594AC01):
Amend the bill, as and if amended, Section 44-39-230, page 4 by deleting subsection (B) beginning on line 8 and inserting:
/   (B)   A diabetes care provider must be on site and available to assist or to provide care to students with diabetes, as set forth in subsection (A), during regular school hours, school-sponsored before school programs, and after school care programs. Students with diabetes may not be denied access or prohibited from participating in other school activities including, but not limited to, field trips and extracurricular activities./
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION ___.   Notwithstanding the provisions of Section 44-39-220 of the 1976 Code, as added by Section 1 of this act, the training required to be provided pursuant to that section for school employees and bus drivers is not required to be implemented until one year after this act's effective date./
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. BROWN explained the amendment.

Rep. MILLER moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. J. BROWN moved to table the motion, which was agreed to by a division vote of 31 to 29.

Reps. EASTERDAY, RICE, HINSON, ALTMAN, ROBINSON and SINCLAIR requested debate on the Bill.

H. 3946--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF


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LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.

H. 3933--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HOWARD, with unanimous consent, it was ordered that H. 3933 (Word version) be read the third time tomorrow.

OBJECTION TO RECALL

Rep. RISER asked unanimous consent to recall H. 3481 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. DAVENPORT objected.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILL

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

H. 4038 (Word version) -- Reps. White, Owens, Bales, Barrett, Battle, Bingham, J. Brown, Carnell, Cato, Coates, Cobb-Hunter, Dantzler, Freeman, Gilham, Govan, Harrison, Keegan, Kelley, Kirsh, Klauber, Lee, Lloyd, Martin, McCraw, Miller, J. M. Neal, Ott, Phillips, Rhoad, Riser, Rivers, Robinson, Rodgers, Sandifer, Scott, Snow, Stuart, Taylor, Thompson, Webb, Weeks and A. Young: A BILL TO AMEND SECTION 24-13-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF CORRECTIONS PROVIDING PRISONERS FOR LITTER CONTROL PROJECTS, SO AS TO AUTHORIZE THE USE OF PRISONERS FOR COMMUNITY PROJECTS TO ASSIST IN RESIDENTIAL CONSTRUCTION AND REPAIR OF LOW-INCOME HOUSING FOR LOCAL GOVERNMENTS AND FOR COMMUNITY ORGANIZATIONS SUCH AS HABITAT FOR HUMANITY AND


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TO REQUIRE PRIVATE ORGANIZATIONS TO SUBMIT APPLICATIONS FOR APPROVAL BY THE DEPARTMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

Further proceedings were interrupted by the Joint Assembly.

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.

PRESENTATION OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS

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

H. 3659 (Word version) -- Reps. Jennings, Freeman, Hayes and Lucas: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 26, 2001, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The 2001 Jean Laney Harris Award Winners were escorted to the rostrum by Senators McConnell, Wilson, Elliott, Glover, Hutto and Saleeby and Representatives BOWERS, LUCAS, BREELAND, G. BROWN and RODGERS.

Lt. Gov. Peeler made the following opening remarks:
"Members of the Joint Assembly, ladies and gentlemen, I present the Speaker of the House of Representatives, the Honorable David H.


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Wilkins, who will do the honor of presenting this year's Jean Laney Harris Folk Heritage Awards."

SPEAKER WILKINS made the following remarks:
"Thank you, Lt. Governor Peeler. It is a special pleasure to welcome all of our special guests to the House today. Eleanor Roosevelt once said that the future belongs to those who believe in the beauty of their dreams. The artists we recognize today all had a dream to achieve something beautiful. They believed that those dreams could make a difference right here in South Carolina. By honing their God-given skills, they have uplifted us all. We owe them a debt of gratitude for passing on sacred traditions and music to the next generation. The awards they will be receiving today were first established to recognize the State's most outstanding practitioners of traditional art. Four years ago the awards became known as the Jean Laney Harris Folk Heritage Awards, in memory of our beloved friend and former colleague who was a long-time supporter of South Carolina's cultural traditions. Now it is my honor to present this year's Folk Heritage Awards.
Our first recipient is Bill Pinckney. Bill Pinckney has been singing and performing gospel music for more than fifty-eight years. As a child he was exposed to gospel music in his hometown church in Dalzell, South Carolina. Little did those church members know that Bill Pinckney would one day be a founding member of the highly successful group, The Drifters. Never parting from his gospel roots, Pinckney and other members of the group forged a career that combined elements of beach, rock and rock and gospel music. In 1988 Mr. Pinckney and his fellow Drifters were inducted into the Rock and Roll Hall of Fame. Pinckney continues to perform in and around his hometown and trains numerous singers doing his part to ensure that gospel music continues to be a vital part of the community. Congratulations to you, Mr. Bill Pinckney.
Our second recipient is the Sonoco Men's Club. This is a group of men who have dedicated a great part of their lives to singing gospel and traditional music. Organized in 1960, the Sonoco Men's Club is comprised mostly of retired employees of the Sonoco Company based in Hartsville. The majority of the members have been singing together since the 1940's. Singing a variety of gospel hymns and traditional music, the members profess no formal training, only a fondness and appreciation for the songs they learned from their parents and grandparents. The Sonoco Men's Club has spent countless hours every month to enrich the lives of the people living in their community. They


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perform regularly at prisons, hospitals and senior citizens centers throughout the region. Congratulations to you, gentlemen.
Our third recipient is Al Wall. Al began playing hillbilly and old time music before it was dubbed bluegrass. In 1941 Wall and his band won an amateur contest that launched his career. While in the Navy in World War II, Mr. Wall was exposed to several other musicians and recalled that he gained great inspiration from his father. Wall also learned to play from neighborhood friends who had a similar passion for bluegrass. A retired dairy industry executive, Wall not only plays bluegrass and country music, but also writes bluegrass for magazines. Congratulations Mr. Wall.
I don't know too much about music, but I know a lot about eating. Our fourth recipient, Mr. Willie Lee Williams learned to cook low country hash in the early 1950's. Under the supervision of the regions best barbeque chef, Hickam Davis, Mr. Williams soon became a master hash maker in his own right. The Williams business is truly a family affair with his brother John Perry and his son Darin assisting during the long cooking process. The Williams family has been making hash for years. They are known for generously supplying hash to community churches and other organizations to raise money for charitable causes. While they take pride in cooking for a variety of occasions, Mr. Williams and his family take particular pleasure in cooking for the annual family reunion. Congratulations Mr. Williams.
Our fifth and final recipient is Marquetta L. Goodwine. She will receive the Advocacy award for the cultural preservation and promotion of the Gullah community. Mrs. Goodwine works tirelessly on a regional, national and international level to promote the Gullah culture of the Sea Islands. She is the founder and director of the Gullah/GeeChee Sea Island Coalition and the performance troupe Gullah Cunneckshun. Mrs. Goodwine has been an active event organizer and participant for various organizations within her community. Congratulations Mrs. Goodwine.
I want to thank all of the recipients today. It is great to get together with all of you and enjoy some good South Carolina music and culture. We thank you for being here and we appreciate the entertainment."

SPEAKER WILKINS recognized Bill Pinckney.
SPEAKER WILKINS recognized the Sonoco Men's Club.
SPEAKER WILKINS recognized Al Wall.
SPEAKER WILKINS recognized Willie Lee Williams.
SPEAKER WILKINS recognized Marquetta L. Goodwine.


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Lt. Gov. Peeler made the following closing remarks:
"I would like to close this ceremony by thanking the award winners for sharing their talents with us today. This assembly is now adjourned."

Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.

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 12:35 p.m. the House resumed, the SPEAKER in the Chair.

Rep. RICE 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. 3987 (Word version) -- Reps. J. H. Neal, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, Parks, Rutherford, Scott, F. N. Smith, Weeks and Whipper: A CONCURRENT RESOLUTION EXTENDING THE WARMEST WELCOME OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE LEGISLATIVE DELEGATION FROM KATSINA STATE IN NIGERIA, AND OFFERING THEM THE GIFT OF OUR FRIENDSHIP AND THE BENEFIT OF OUR EXPERIENCE AS THEY OBSERVE AND LEARN FROM OUR LEGISLATIVE PROCESS.

H. 3989 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CALHOUN COUNTY HIGH SCHOOL "SAINTS" BOYS BASKETBALL TEAM AND COACHES FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 2000-2001


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CLASS AA STATE BASKETBALL CHAMPIONSHIP AND WISH THEM CONTINUED SUCCESS IN THE FUTURE.

H. 3990 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE MELISSA HOLDER OF HARTSVILLE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.

H. 3991 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE CHERYL MIHALOVITS OF HARTSVILLE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.

H. 3992 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE KIMBERLY MOON OF HARTSVILLE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.

H. 3997 (Word version) -- Reps. J. Brown, Scott, Wilkins, Cato, Lee, J. Hines, Govan, Howard, J. H. Neal, Rutherford, Lourie, Kennedy, Hosey, Clyburn, Weeks, M. Hines, Moody-Lawrence, Whipper, Allen, Breeland, G. Brown, Cobb-Hunter, Davenport, Easterday, Gourdine, Hamilton, Haskins, Leach, Lloyd, Loftis, Mack, Parks, Rice, Robinson, F. N. Smith, Trotter, Vaughn and Webb: A CONCURRENT RESOLUTION TO COMMEND MR. ROBERT PEABO BRYSON OF GREENVILLE, SOUTH CAROLINA, FOR HIS EXCEPTIONAL TALENTS AND ACCOMPLISHMENTS IN THE FIELD OF CONTEMPORARY MUSIC AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR MR. BRYSON'S AGREEING TO PERFORM AT THE ANNUAL LEGISLATIVE BLACK CAUCUS GALA TO BE HELD AT THE KOGER CENTER IN COLUMBIA ON JUNE 16, 2001.

H. 4005 (Word version) -- Reps. Freeman and Jennings: A CONCURRENT RESOLUTION TO CONGRATULATE KIMBERLY STARLING OF WALLACE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.

H. 4007 (Word version) -- Reps. Moody-Lawrence, Delleney, Kirsh, McCraw, Meacham-Richardson and Simrill: A CONCURRENT RESOLUTION


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TO EXPRESS THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE 2000-2001 MEN'S BASKETBALL TEAM AT WINTHROP UNIVERSITY FOR AN OUTSTANDING SEASON AND CONTINUED EXCELLENCE OVER THE PAST THREE BASKETBALL SEASONS AND TO RECOGNIZE THE WINTHROP "EAGLES" RETURN TO THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION'S CHAMPIONSHIP TOURNAMENT.

H. 4008 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO CONGRATULATE SYLVIA WALLACE OF DARLINGTON UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.

H. 4010 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO COMMEND PHILIP A. "PHIL" KENT OF AUGUSTA, EDITORIAL WRITER, EDITORIAL PAGE EDITOR, AND POLITICAL COLUMNIST FOR THE AUGUSTA CHRONICLE FOR HIS DISTINGUISHED CAREER AT THE CHRONICLE AS HE LEAVES HIS POSITION TO BECOME PRESIDENT OF SOUTHEASTERN LEGAL FOUNDATION, AN ATLANTA-BASED LAW FIRM AND POLICY CENTER.

H. 4021 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND OVERTON G. "TONY" GANONG OF COLUMBIA, UPON HIS RETIREMENT, FOR HIS YEARS OF INSPIRED SERVICE TO THE STATE AND ITS CITIZENS AS THE EXECUTIVE DIRECTOR OF THE STATE MUSEUM AND TO EXPRESS THE DEEP GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE STATE MUSEUM, UNDER HIS LEADERSHIP, HAS BECOME A CATALYST FOR THE CULTURAL AND EDUCATIONAL DEVELOPMENT OF OUR STATE.

ADJOURNMENT

At 12:36 p.m. the House, in accordance with the motion of Rep. ALTMAN, adjourned in memory of Harry Luhrs of Charleston, to meet at 10:00 a.m. tomorrow.

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