South Carolina House Journal - May 1, 2001 - South Carolina Legislature Online

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

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Tuesday, May 1, 2001
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. R. BROWN as follows:

We thank You, Heavenly Father, for Your providential care that has watched over each of us while absent from this place. And as we begin another week of service here, keep us a people mindful of Your favor and glad to do Your will. May no task be so trivial, no work so insignificant, as not to be done with our best. And as we leave this altar of prayer, may the time of work and the time of prayer be woven into one fabric. So guard our thoughts, control our speech, direct our actions. Hear both the spoken and unspoken prayers of our hearts and answer them according to Your perfect wisdom. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. W. D. SMITH moved that when the House adjourns, it adjourn in memory of W. Workman Cantrell and Benjamin J. Burfete of Spartanburg, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Representative Witherspoon who is undergoing surgery today.

REGULATION WITHDRAWN

Document No. 2602
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Section 50-11-2200
Hunt Units and Wildlife Management Area Regulations
Received by Speaker of the House of Representatives
February 28, 2001

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Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration July 5, 2001 (Subject to Sine Die Revision)
Withdrawn January 27, 2001

REPORT OF STANDING COMMITTEE

Rep. HAYES, from the Dillon Delegation, submitted a favorable report on:

S. 579 (Word version) -- Senator Elliott: A BILL TO PROVIDE FOR PAYMENT OF AN ADDITIONAL ANNUAL PER DIEM FOR THE CHAIRMAN OF THE DILLON COUNTY TRANSPORTATION COMMITTEE.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4039 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE DEPARTMENT OF CORRECTIONS HEADQUARTERS BUILDING THE "WILLIAM D. LEEKE BUILDING".
The Concurrent Resolution was ordered referred to the Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 4040 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT REFORMS TO THE RAILROAD RETIREMENT SYSTEM AS PROPOSED IN S. 697, THE RAILROAD RETIREMENT AND SURVIVORS' IMPROVEMENT ACT OF 2001.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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HOUSE RESOLUTION

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

H. 4041 (Word version) -- Reps. Lourie, Cotty, Scott 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 RICHLAND NORTHEAST HIGH SCHOOL MODEL UNITED NATIONS TEAM AND THE RICHLAND NORTHEAST HIGH SCHOOL SCHOLASTIC APTITUDE TEST ACADEMIC TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE MODEL UNITED NATIONS TEAM FOR CAPTURING THEIR TWELFTH STRAIGHT INTERNATIONAL CHAMPIONSHIP AND TO CONGRATULATE THE SCHOLASTIC APTITUDE TEST ACADEMIC TEAM FOR WINNING THE 2001 CLASS AAAA STATE CHAMPIONSHIP SCHOLASTIC APTITUDE TEST COMPETITION.

Be it resolved by the House of Representatives:

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 Richland Northeast High School Model United Nations Team and the Scholastic Aptitude Test Academic Team, at a date and time to be determined by the Speaker, to congratulate the Model United Nations Team for capturing their twelfth straight international championship and to congratulate the Scholastic Aptitude Test Academic Team for winning the 2001 Class AAAA State Championship Scholastic Aptitude Test Competition.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 515 (Word version) -- Senators Jackson, Matthews, Patterson, Anderson, Pinckney, Glover, Ford and Passailaigue: A CONCURRENT RESOLUTION TO ENDORSE THE CONCEPT AND ENCOURAGE THE CREATION OF A NATIONAL BLACK HISTORY MUSEUM IN CHARLESTON FOCUSING ON TELLING THE DISQUIETING

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BUT INSTRUCTIVE STORY OF THE PASSAGE OF THE AFRICAN PEOPLE INTO AMERICA THROUGH CHARLESTON AND FROM SLAVERY TO FREEDOM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

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

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

That the Senate and the House of Representatives meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, May 30, 2001, immediately following the election of certain judges to the circuit court for the purpose of electing a successor to a member of the Legislative Audit Council whose term expires in 2001, or whose position otherwise must be filled.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 644 (Word version) -- Senator Ritchie: 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

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TO THEM MANY MORE YEARS OF FAITHFUL SERVICE TO THE COMMUNITY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 645 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE JACKIE MOORE MCNEILL OF WEST COLUMBIA, LEXINGTON COUNTY, ON BEING CHOSEN THE "2001 MS. SENIOR SWEETHEART OF AMERICA" IN A NATIONAL COMPETITION HELD IN FALL RIVER, MASSACHUSETTS, IN NOVEMBER 2000.

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

INTRODUCTION OF BILLS

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

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

H. 4043 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-26-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF CONDITIONAL TEACHING CERTIFICATES BY THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE AWARDING OF CONDITIONAL CERTIFICATES AND PROVIDE THAT THE BOARD MAY AWARD A TEMPORARY TEACHING CREDENTIAL, UNDER CERTAIN CONDITIONS, TO A PERSON

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CHANGING CAREERS WHO DOES NOT QUALIFY FOR A PROFESSIONAL CERTIFICATE.
Referred to Committee on Education and Public Works

H. 4044 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA TRUSTS, ESTATES, AND PROBATE REFORM ACT; TO AMEND SUBARTICLE 5, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO DESIGNATE SUBARTICLE 5 AS THE "UNIFORM TRANSFERS TO MINORS ACT", TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS, INCLUDE BOTH GRATUITOUS TRANSFERS AND TRANSFERS FOR CONSIDERATION TRANSFERS AND BOTH LIFETIME TRANSFERS AND TRANSFERS FROM TRUSTS, ESTATES, AND GUARDIANSHIPS, AND LIMIT THE MINOR'S LIABILITY TO THIRD PARTIES TO CASES OF PERSONAL FAULTY; TO AMEND SECTION 62-7-302, AS AMENDED, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO DESIGNATE THE SECTION AS THE "UNIFORM PRUDENT INVESTOR ACT", TO RECOGNIZE THE PRUDENT INVESTOR RULE AND THE TOTAL RETURN THEORY OF INVESTMENT MANAGEMENT; TO AMEND PART 4, ARTICLE 7, CHAPTER 7, TITLE 62, RELATING TO THE UNIFORM PRINCIPAL AND INCOME ACT, SO AS TO DESIGNATE PART 4 AS THE "UNIFORM PRINCIPAL AND INCOME ACT OF 1997"; TO PERMIT THE ALLOCATION OF BENEFICIARY RECEIPTS BY A TRUSTEE TO INCOME INSTEAD OF TO PRINCIPAL UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND IN RECOGNITION OF TOTAL RETURN THEORY OF INVESTMENT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; TO AMEND ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO INTESTACY, SUCCESSION AND WILLS, SO AS TO CHANGE THE TITLE OF THE ARTICLE TO "INTESTACY, WILLS, AND DONATIVE TRANSFERS; TO AMEND PART 7, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO

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CONTRACTUAL ARRANGEMENTS RELATING TO DEATH, SO AS TO REPLACE PART 7 WITH RULES FOR CONSTRUCTION OF WILLS AND OTHER INSTRUMENTS GOVERNING TRANSFERS; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE, AND BENEFICIARY DESIGNATIONS, SO AS TO PROVIDE FOR A JUDICIAL DETERMINATION OF CRIMINAL ACCOUNTABILITY, USING THE PREPONDERANCE OF THE EVIDENCE STANDARD, IN THE ABSENCE OF A CRIMINAL CONVICTION; TO AMEND PART 8, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO GENERAL PROVISIONS AS TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR REVOCATION OF PROBATE AND NONPROBATE TRANSFERS BY DIVORCE AND ANNULMENT; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; AND TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO CLARIFY THAT A JOINT TENANCY WITH A RIGHT OF SURVIVORSHIP IN REAL ESTATE MAY TRANSFER HIS INTEREST WITHOUT JOINDER OF THE OTHER JOINT TENANTS.
Referred to Committee on Judiciary

H. 4045 (Word version) -- Reps. Bowers and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-135 SO AS TO PROVIDE THAT CLASSROOM TEACHERS WHO RETIRED UNDER THE STATE RETIREMENT SYSTEM WHILE FULLY CERTIFIED MAY RETURN TO CLASSROOM TEACHING WITHOUT A CURRENT CERTIFICATE FOR A PERIOD NOT TO EXCEED THREE YEARS UNDER GUIDELINES DEVELOPED BY THE STATE DEPARTMENT OF EDUCATION.
Referred to Committee on Education and Public Works

H. 4048 (Word version) -- Reps. Bales, Breeland, M. Hines and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-90 SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP A PROGRAM WHERE PERSONS WHO LACK CERTIFICATION TO

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BE A PRINCIPAL OR SUPERINTENDENT BUT WHO HAVE SPECIFIED BUSINESS OR MILITARY EXPERIENCE MAY BE EMPLOYED AS A PRINCIPAL OR SUPERINTENDENT UNDER CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works

S. 49 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO OBTAINS A TATTOO IN VIOLATION OF SECTION 16-17-700 MAY BRING AN ACTION IN CIRCUIT COURT AGAINST THE PERSON CONVICTED OF THE VIOLATION AND MAY RECOVER CERTAIN DAMAGES AND ATTORNEY'S FEES; AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING, SO AS TO PERMIT A PERSON TO TATTOO CERTAIN BODY PARTS OF ANOTHER PERSON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TATTOO ARTIST CONSPICUOUSLY MUST DISPLAY A NOTICE TO PATRONS THAT INFORMS THEM OF ANY DISQUALIFICATIONS WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, HIS CERTIFICATE OF SUCCESSFUL COMPLETION OF A COURSE IN INFECTION CONTROL, AND HIS PERMIT ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) WHICH MUST BE RENEWED ANNUALLY UPON SUBMISSION OF CERTAIN INFORMATION, MUST COMPLY WITH CERTAIN DHEC INFECTION CONTROL PRECAUTIONS, MUST NOT USE CERTAIN DEVICES AND MEDICATIONS, MUST VERIFY THAT A TATTOO RECIPIENT WHO DOES NOT HAVE EXPRESS WRITTEN CONSENT OF HIS PARENT OR GUARDIAN IS AT LEAST TWENTY-ONE YEARS OF AGE, AND TO PROVIDE THAT DHEC MAY REVOKE A PERMIT OR DENY AN APPLICATION FOR A VIOLATION OF THESE PROVISIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 74 (Word version) -- Senators Leventis, Ford, Elliott and Reese: A BILL TO AMEND SECTION 1-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMEDIATELY FURNISHING

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INFORMATION ON THE AFFAIRS OR ACTIVITIES OF STATE GOVERNMENT TO THE GOVERNOR, SO AS TO PROVIDE THAT INFORMATION ALSO MUST BE IMMEDIATELY FURNISHED TO MEMBERS AND COMMITTEES OF THE GENERAL ASSEMBLY; TO DEFINE RESPONSIBLE OFFICIAL; AND TO PROVIDE THAT A RESPONSIBLE OFFICIAL MUST BE SUSPENDED FOR WILLFULLY FAILING TO IMMEDIATELY FURNISH INFORMATION.
Referred to Committee on Judiciary

S. 124 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.
Referred to Committee on Judiciary

S. 148 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO CERTAIN MINORS BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE RESTRICTIONS CONTAINED IN THIS DRIVER'S LICENSE MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT IF THE RESTRICTED LICENSEE PROVES THAT THE RESTRICTION INTERFERES WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND CHURCH RELATED EVENTS.
Referred to Committee on Education and Public Works

S. 229 (Word version) -- Senators Hayes, Wilson, Branton, Hawkins, Ravenel and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE BY ADDING SECTION 25-1-160 SO AS TO ENCOURAGE OWNERS OF LAND TO MAKE LAND AND WATER AREAS AVAILABLE TO THE MILITARY DEPARTMENT FOR TRAINING AND OPERATIONAL PURPOSES BY DEFINING AND LIMITING THE OWNER'S DUTY OF CARE AND LIMITING THE OWNER'S LIABILITY TOWARD MILITARY PERSONS ENTERING THE OWNER'S LAND; BY

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ADDING SECTION 25-1-2260 SO AS TO PROVIDE FOR THE GRANTING OF CONTINUANCES IN COURT CASES WHEN A PARTY OR HIS ATTORNEY IS ABSENT BY REASON OF ATTENDANCE ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD; BY ADDING SECTION 25-1-2957 SO AS TO PROVIDE THAT A PERSON SUBJECT TO THE MILITARY CODE WHO RECKLESSLY ENDANGERS THE LIFE OR SAFETY OF ANOTHER MAY BE PUNISHED AS A COURT-MARTIAL MAY DIRECT; TO AMEND SECTION 25-1-10, RELATING TO DEFINITIONS, SO AS TO DEFINE "UNIT MAINTENANCE FUND"; TO AMEND SECTION 25-1-40, RELATING TO APPLICABILITY OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO PROVIDE WHEN PRECEDENTS ESTABLISHED IN THE UNIFORM CODE OF MILITARY JUSTICE SHALL BE IN FORCE AND REGARDED AS PART OF THE MILITARY CODE; TO AMEND SECTION 25-1-60, RELATING TO COMPOSITION AND CLASSES OF MILITIA, SO AS TO INCLUDE PERSONS WHO CONTRACTUALLY BIND THEMSELVES WITHIN THE MILITIA OF THE STATE; TO AMEND SECTION 25-1-110, RELATING TO BURIAL FLAGS, SO AS TO PROVIDE THAT BURIAL FLAGS SHALL BE OBTAINED FROM THE UNITED STATES WHEN AVAILABLE; TO AMEND SECTION 25-1-340, RELATING TO VACANCIES IN THE OFFICE OF ADJUTANT GENERAL, SO AS TO DELETE THE PROVISION THAT THE GOVERNOR MAY APPOINT AN OFFICER WHO IS OF FIELD GRADE RANK OR HIGHER AND PROVIDE THAT THE GOVERNOR MAY APPOINT AN OFFICER WHO IS AT LEAST THE RANK OF COLONEL AND MEETS THE ELIGIBILITY REQUIREMENTS FOR A CONSTITUTIONAL OFFICER; TO AMEND SECTION 25-1-510, RELATING TO APPOINTMENT, QUALIFICATIONS, AND TENURE OF COMMISSIONED AND WARRANT OFFICERS, SO AS TO DELETE THE REQUIREMENT THAT A COMMISSIONED OR WARRANT OFFICER BE A RESIDENT OF THIS STATE AND PROVIDE THAT A COMMISSIONED OR WARRANT OFFICER MUST MEET FEDERAL RESIDENCY REQUIREMENTS FOR THE APPOINTMENT; TO AMEND SECTION 25-1-560, RELATING TO THE RELATIVE RANK OF OFFICERS, SO AS TO CONFORM THE RELATIVE RANK LIST TO FEDERAL MILITARY LAW; TO AMEND SECTION 25-1-580, RELATING TO THE SENIOR OFFICER ON DUTY BEING IN COMMAND, SO AS TO PROVIDE

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THAT A COMMANDER MAY APPOINT AN OFFICER TO COMMAND A SUBORDINATE OR DETACHED UNIT, AND THAT IF NONE IS APPOINTED, THE SENIOR OFFICER OF THE LINE ON DUTY IS IN COMMAND; TO AMEND SECTION 25-1-610, RELATING TO THE DISCHARGE OF OFFICERS, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL MAY INVESTIGATE THE CONDUCT, CAPACITY, AND GENERAL COMPETENCE OF OFFICERS AND TO REVISE THE GROUNDS FOR THE DISCHARGE OF OFFICERS; TO AMEND SECTION 25-1-810, RELATING TO PROMOTIONS UNDER THE RESERVE OFFICER PERSONNEL ACT, SO AS TO DELETE THE OBSOLETE REFERENCE TO THE RESERVE OFFICER PERSONNEL ACT AND REPLACE IT WITH A REFERENCE TO FEDERAL LAW; TO AMEND SECTION 25-1-830, RELATING TO OFFICER SELECTION BOARDS, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS RELATING TO BRIGADIER GENERAL AND COLONEL SELECTION BOARDS; TO AMEND SECTION 25-1-850, RELATING TO TRANSFER OF OFFICERS WITHIN THE ARMY NATIONAL GUARD, SO AS TO DELETE A PROVISION THAT A TRANSFER MUST BE MUTUALLY ACCEPTABLE TO COMMANDERS CONCERNED; TO AMEND SECTION 25-1-870, RELATING TO A VACANCY IN THE GRADE OF MAJOR GENERAL, SO AS TO PROVIDE THAT A VACANCY IN THE GRADE OF MAJOR GENERAL MUST BE FILLED BY A FULLY QUALIFIED OFFICER; TO AMEND SECTION 25-1-880, RELATING TO A VACANCY IN THE GRADE OF BRIGADIER GENERAL, SO AS TO DELETE OBSOLETE LANGUAGE RELATING TO THE BRIGADIER GENERAL SELECTION BOARD AND PROVIDE THAT A VACANCY IN THE GRADE OF BRIGADIER GENERAL MUST BE FILLED BY THE PROMOTION OF THE BEST QUALIFIED OFFICER IN THE NEXT LOWER GRADE AS DETERMINED BY THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-1110, RELATING TO PROMOTIONS UNDER THE RESERVE OFFICER PERSONNEL ACT, SO AS TO DELETE REFERENCES TO THE RESERVE OFFICER PERSONNEL ACT AND PROVIDE FOR PROMOTIONS UNDER FEDERAL LAW; TO AMEND SECTION 25-1-1140, RELATING TO A VACANCY IN THE HEADQUARTERS OF THE AIR NATIONAL GUARD, SO AS TO DELETE A PROVISION THAT NO OFFICER SHALL BE ASSIGNED TO HEADQUARTERS, AIR NATIONAL GUARD, UNTIL HE HAS COMPLETED THREE

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YEARS COMMISSIONED SERVICE IN THE SOUTH CAROLINA AIR NATIONAL GUARD; TO AMEND SECTION 25-1-1330, RELATING TO ANNUAL SETTLEMENTS FOR FEDERAL AND STATE PROPERTY, SO AS TO DELETE REFERENCES TO RESPONSIBLE OFFICER AND REPLACE THEM WITH REFERENCES TO RESPONSIBLE PARTY AND TO AUTHORIZE COLLECTION ACTIONS FOR PAYMENTS FROM PARTIES LIABLE ON PROPERTY ACCOUNTS; TO AMEND SECTION 25-1-1370, RELATING TO UNIT MAINTENANCE FUND ALLOWANCES, SO AS TO DELETE REFERENCES TO THE MILITARY BOARD, DELETE REFERENCES TO CERTAIN DATES FOR PAYMENTS OF APPROPRIATIONS AND PROVIDE FOR PAYMENTS PERIODICALLY, AND TO PROVIDE THAT UNIT MAINTENANCE FUNDS FROM SOURCES OUTSIDE THE ANNUAL APPROPRIATION MUST BE REGULATED AND AUDITED BY THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-1620, RELATING TO THE CUSTODIAN AND USE OF TRAINING FACILITIES, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL IS THE MANAGER AS WELL AS CUSTODIAN OF TRAINING FACILITIES AND THAT FACILITIES OWNED OR LEASED FOR THE MILITARY DEPARTMENT MAY BE RENTED OR SUBLEASED WHEN NOT IN USE FOR TRAINING; TO AMEND SECTION 25-1-1820, RELATING TO WHEN THE NATIONAL GUARD IS SUBJECT TO ACTIVE DUTY, SO AS TO DELETE THE CIRCUMSTANCE OF WHEN THE PRESIDENT IS UNABLE WITH THE REGULAR FORCES TO EXECUTE THE LAWS OF THE UNITED STATES AND PROVIDE THAT THE NATIONAL GUARD IS SUBJECT TO ACTIVE DUTY WHEN THE PRESIDENT ISSUES ORDERS TO EXECUTE THE LAWS OF THE UNITED STATES; TO AMEND SECTION 25-1-2110, RELATING TO TERMS OF ENLISTMENT, SO AS TO DELETE THE THREE-YEAR PROVISION AND PROVIDE THAT ORIGINAL ENLISTMENTS IN THE NATIONAL GUARD MUST BE FOR A PERIOD TO COMPLY WITH GOVERNING DEPARTMENT OF DEFENSE REGULATIONS; TO AMEND SECTION 25-1-2220, RELATING TO TRANSFER OF ENLISTED MEN, SO AS TO DELETE THE PROVISION THAT THE TRANSFER BE APPROVED BY THE COMMANDING OFFICERS OF THE UNITS INVOLVED; TO AMEND SECTION 25-1-2230, RELATING TO DISCHARGES, SO AS TO REVISE THE AUTHORITY FOR DISCHARGES OF ENLISTED PERSONS; TO

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AMEND SECTION 25-1-2420, RELATING TO DEFINITIONS, SO AS TO INCLUDE PERSONS ATTACHED OR ASSIGNED TO STATE UNITS WITHIN THE DEFINITION OF "MILITARY FORCES"; TO AMEND SECTION 25-1-2420, RELATING TO DEFINITIONS, BY ADDING A NEW SUBPARAGRAPH APPROPRIATELY NUMBERED SO AS TO DEFINE "OFFICER"; TO AMEND SECTION 25-1-2450, RELATING TO APPOINTMENT OF THE STATE JUDGE ADVOCATE, SO AS TO PROVIDE THAT, ABSENT SEPARATE APPOINTMENT, THE SENIOR JUDGE ADVOCATE OF THE NATIONAL GUARD IS THE STATE JUDGE ADVOCATE; TO AMEND SECTION 25-1-2460, RELATING TO APPREHENSION, SO AS TO DELETE REFERENCES TO CIVIL OFFICERS HAVING AUTHORITY TO APPREHEND OFFENDERS AND PROVIDE FOR APPREHENSION BY ANY OFFICER UNDER THE LAWS OF THE UNITED STATES OR OF SOUTH CAROLINA; TO AMEND SECTION 25-1-2520, RELATING TO NONJUDICIAL PUNISHMENT, SO AS TO DELETE A REFERENCE TO THE INSPECTOR GENERAL; TO AMEND SECTION 25-1-2530, RELATING TO TYPES OF COURTS-MARTIAL, SO AS TO PROVIDE FOR A SUMMARY COURT-MARTIAL CONSISTING OF ONE OFFICER RATHER THAN ONE COMMISSIONED OFFICER; TO AMEND SECTION 25-1-2550, RELATING TO JURISDICTION OF GENERAL COURTS-MARTIAL, SO AS TO INCREASE THE FINE THAT MAY BE IMPOSED BY GENERAL COURTS-MARTIAL FROM TWO THOUSAND DOLLARS TO THREE THOUSAND DOLLARS; TO AMEND SECTION 25-1-2560, RELATING TO JURISDICTION OF SPECIAL COURTS-MARTIAL, SO AS TO DELETE THE LANGUAGE EXCLUDING OFFICERS FROM THE JURISDICTION OF SPECIAL COURTS-MARTIAL AND TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY SPECIAL COURTS-MARTIAL FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS; TO AMEND SECTION 25-1-2570, RELATING TO JURISDICTION OF SUMMARY COURTS-MARTIAL, SO AS TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY SUMMARY COURTS-MARTIAL FROM TWO HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS; TO AMEND SECTION 25-1-2580, RELATING TO APPOINTMENT OF GENERAL COURTS-MARTIAL, SO AS TO PROVIDE THAT GENERAL COURTS-MARTIAL MAY BE APPOINTED BY THE ADJUTANT GENERAL

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AS WELL AS THE GOVERNOR; TO AMEND SECTION 25-1-2610, RELATING TO WHO MAY SERVE ON COURTS-MARTIAL, SO AS TO REMOVE REFERENCES TO COMMISSIONED AND WARRANT OFFICERS, AND PROVIDE THAT ANY OFFICER ON OR OFF DUTY WITH THE MILITARY FORCES MAY SERVE ON COURTS-MARTIAL; TO AMEND SECTION 25-1-2725, RELATING TO THE STATUTE OF LIMITATIONS, SO AS TO DELETE PROVISIONS RELATING TO DESERTION DURING TIMES OF PEACE AND CERTAIN OTHER OFFENSES PUNISHABLE UNDER THE MILITARY CODE AND PROVIDE THAT A PERSON CHARGED WITH ANY OFFENSE IS NOT LIABLE TO BE TRIED BY COURT-MARTIAL IF THE OFFENSE WAS COMMITTED MORE THAN THREE YEARS BEFORE RECEIPT OF SWORN CHARGES OR THE IMPOSITION OF PUNISHMENT; TO AMEND SECTION 25-1-2750, RELATING TO CONTEMPT, SO AS TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY A COURT-MARTIAL FOR CONTEMPT FROM TWENTY-FIVE DOLLARS TO FIVE HUNDRED DOLLARS; TO AMEND SECTION 25-1-2780, RELATING TO RECORDS OF TRIAL OF COURTS-MARTIAL, SO AS TO PROVIDE THAT SUMMARY COURT-MARTIAL PROCEEDINGS MUST USE DOCUMENTS PROMULGATED BY REGULATIONS OF THE ADJUTANT GENERAL; TO AMEND SECTION 25-1-2795, RELATING TO SENTENCES OF COURTS-MARTIAL, SO AS TO DELETE CERTAIN REFERENCES TO GENERAL COURT-MARTIAL JURISDICTION SO AS TO MAKE CERTAIN PROVISIONS OF THE SECTION APPLICABLE TO COURT-MARTIAL JURISDICTION RATHER THAN ONLY TO THE JURISDICTION OF A GENERAL COURT-MARTIAL; TO AMEND SECTION 25-1-2935, RELATING TO THE OFFENSE OF DISRESPECT TOWARD A SUPERIOR COMMISSIONED OFFICER, BY DELETING THE REFERENCE TO COMMISSIONED OFFICER AND INCLUDING NONCOMMISSIONED OFFICERS, SO AS TO MAKE THE OFFENSE OF DISRESPECT APPLICABLE TO SUPERIOR OFFICERS OR NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2940, RELATING TO THE OFFENSE OF ASSAULTING OR WILLFULLY DISOBEYING A SUPERIOR COMMISSIONED OFFICER, BY DELETING THE REFERENCE TO COMMISSIONED OFFICER AND INCLUDING NONCOMMISSIONED OFFICERS, SO AS TO MAKE THE

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OFFENSES OF ASSAULT AND WILLFULLY DISOBEYING A LAWFUL COMMAND APPLICABLE TO SUPERIOR OFFICERS OR NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2945, RELATING TO INSUBORDINATE CONDUCT TOWARD A WARRANT OFFICER OR NONCOMMISSIONED OFFICER, BY DELETING REFERENCES TO WARRANT OFFICER, SO AS TO MAKE THE OFFENSE OF INSUBORDINATE CONDUCT APPLICABLE TO OFFICERS AND NONCOMMISSIONED OFFICERS; TO AMEND SECTION 25-1-2950, RELATING TO THE OFFENSES OF FAILURE TO OBEY ORDERS AND REGULATIONS AND DERELICTION OF DUTY, SO AS TO INCLUDE THE VIOLATION OF A STATUTE WITHIN THE OFFENSE; TO AMEND SECTION 25-1-3065, RELATING TO CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN, BY DELETING REFERENCES TO COMMISSIONED OFFICER AND A GENTLEMAN, SO AS TO PROVIDE THAT ANY OFFICER WHO IS CONVICTED OF CONDUCT UNBECOMING AN OFFICER MAY BE PUNISHED AS A COURT-MARTIAL MAY DIRECT; TO AMEND SECTION 25-1-3085, RELATING TO THE AUTHORITY TO ADMINISTER OATHS, BY DELETING REFERENCES TO COMMISSIONED OFFICER, SO AS TO PROVIDE THAT ALL OFFICERS HAVE THE AUTHORITY TO ADMINISTER OATHS; TO AMEND SECTION 25-1-3095, RELATING TO COMPLAINTS AGAINST OFFICERS, BY DELETING THE REQUIREMENT THAT COMPLAINTS BE FORWARDED TO THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT ANY MEMBER OF THE MILITARY FORCE MAY COMPLAIN TO HIS NEXT SUPERIOR COMMISSIONED OFFICER; TO AMEND SECTION 25-1-3155, RELATING TO DELEGATION OF AUTHORITY, SO AS TO PROVIDE THAT THE POWER GIVEN THE ADJUTANT GENERAL BY SECTION 25-1-2580 MAY NOT BE DELEGATED; TO AMEND SECTION 25-1-3235, RELATING TO THE NATIONAL GUARD PENSION FUND, SO AS TO PROVIDE THAT CERTAIN PERSONS WITH A BREAK IN SERVICE REMAIN ELIGIBLE FOR PENSION BENEFITS; TO AMEND SECTION 25-17-30, AS AMENDED, RELATING TO MAINTENANCE OF THE MUSEUM, SO AS TO DELETE THE PROVISION THAT NO STATE FUNDS MAY BE USED FOR MAINTENANCE OF THE MUSEUM; AND TO REPEAL

Printed Page 2595 . . . . . Tuesday, May 1, 2001

SECTIONS 25-1-330, 25-1-950, 25-1-1340, 25-1-1390, 25-1-1400, 25-1-2130, AND 25-1-2160.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 232 (Word version) -- Senator Elliott: 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.
Referred to Committee on Labor, Commerce and Industry

S. 234 (Word version) -- Senators Hawkins, Jackson, Hayes, Short, Giese, Holland, Courson, Fair, Richardson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-175 SO AS TO PROVIDE THAT A STATEMENT MADE BY A CHILD LESS THAN FOURTEEN YEARS OF AGE DESCRIBING AN ACT OF SEXUAL CONTACT OR PHYSICAL ABUSE PERFORMED WITH OR ON THE CHILD BY ANOTHER PERSON, OR WITH OR ON ANOTHER PERSON IN THE PRESENCE OF THE CHILD IS ADMISSIBLE AS EVIDENCE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

S. 277 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 2-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF RECORDS, SO AS TO MAKE AUDIT WORKING PAPERS OF THE LEGISLATIVE AUDIT COUNCIL CONFIDENTIAL AND TO PROVIDE THAT THESE PAPERS AND ALL RECORDS OF THE COUNCIL WITH

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THE EXCEPTION OF FINAL AUDIT REPORTS ARE NOT SUBJECT TO PUBLIC DISCLOSURE.
Referred to Committee on Judiciary

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

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

S. 357 (Word version) -- Senators Gregory and Short: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO INCREASE ITS MEMBERSHIP FROM SEVENTEEN TO EIGHTEEN BY ADDING A MEMBER WHO MUST BE A SUPERINTENDENT OF A

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PUBLIC SCHOOL DISTRICT TO BE APPOINTED BY THE GOVERNOR.
Referred to Committee on Education and Public Works

S. 361 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 59-18-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM TO MEASURE STUDENT PERFORMANCE UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO DELETE THE REQUIREMENT THAT A STANDARDS BASED ASSESSMENT WILL BE DEVELOPED FOR GRADES ONE AND TWO FOR USE BY SCHOOLS AND DISTRICTS AS DEEMED APPROPRIATE BY THE DISTRICT OFFICIALS.
Referred to Committee on Education and Public Works

S. 372 (Word version) -- Senators Waldrep and Giese: A BILL TO AMEND SECTION 59-18-1930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S REVIEW OF STATE AND LOCAL PROFESSIONAL DEVELOPMENT STANDARDS AND RECOMMENDATIONS FOR IMPROVEMENT IN THE STANDARDS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ACCOUNTABILITY SYSTEM TO ENSURE THAT THESE RECOMMENDATIONS FOR IMPROVEMENT ARE IMPLEMENTED, AND PROVIDE FOR THE MANNER OF IMPLEMENTATION.
Referred to Committee on Education and Public Works

S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING DEFINITIONS OF "SKIM-BOW NET", AND "STRETCH"; TO AMEND SECTION 50-5-330, RELATING TO RECREATIONAL FISHING, EQUIPMENT, AND COMMERCIAL MINNOW TRAPS, BY ADDING A PROVISION TO PROVIDE FOR A PENALTY FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, TO PROVIDE FOR THE USE OF SKIM-BOW NETS SO AS TO PROVIDE THAT SKIM-BOW NETS MUST BE USED FROM HIGH LAND OR STRUCTURES AFFIXED TO HIGH LAND WITHOUT

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POWER ASSISTED DEVICES; TO AMEND SECTION 50-5-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE " ANADROMOUS", "DREDGE", "HERRING", "PEELER TRAP", "STRIKER", AND "TRAWLING"; TO AMEND SECTION 50-5-65, RELATING TO SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PROVIDE THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS NOT ILLEGAL PER SE MAY BE DONATED TO A NON-PROFIT ENTITY OR DESTROYED IN THE DISCRETION OF THE DEPARTMENT OF NATURAL RESOURCES, THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS ILLEGAL ONLY BECAUSE OF THE PLACE, MANNER, OR METHOD BY WHICH IT WAS SEIZED MUST BE SOLD, AND TO PROVIDE FOR RETENTION OF THE PROCEEDS OF PERISHABLE ITEMS SOLD UNTIL FINAL ADJUDICATION OF THE CASE; TO AMEND SECTION 50-5-70, RELATING TO THE SALE OF CONFISCATED DEVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST SELL CONFISCATED DEVISES NOT USED OR DESTROYED BY THE DEPARTMENT; TO AMEND SECTION 50-5-300, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR RESIDENTS, SO AS TO PROVIDE THAT A RESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-310, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR NONRESIDENTS, SO AS TO PROVIDE THAT A NONRESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES, FEES, AND THE TAGGING OF EQUIPMENT, SO AS TO PROVIDE THAT NO PERSON MAY HOLD OR APPLY FOR A SEPARATE LICENSE RESULTING IN AVOIDANCE OF LICENSE FEE DIFFERENTIALS, AND THAT THE DEPARTMENT MAY REQUIRE AN OWNER TO AFFIX IDENTIFICATION NUMBERS AND TAGS TO COMMERCIAL EQUIPMENT; TO AMEND SECTION 50-5-335, CHANNEL NET LICENSES AND RESTRICTIONS, SO AS TO REGULATE PREFERENCES FOR LICENSES, PROVIDE THAT APPLICANTS MUST BE SIXTEEN

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YEARS OF AGE AND A RESIDENT OF THIS STATE, AND THAT ONLY ONE CHANNEL NET LICENSE MAY BE ISSUED TO A PERSON; TO AMEND SECTION 50-5-350, RELATING TO DISPLAY OF LICENSES, PERMITS, AND VESSEL'S IDENTIFICATION DECALS, SO AS TO REQUIRE DISPLAY OF IDENTIFICATION DECALS ON THE PORT AND STARBOARD SIDES OF A VESSEL; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS AND LICENSES, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO BUYS, HANDLES, OR SELLS LIVE OR FRESH SALTWATER FISH OR SALTWATER FISH PRODUCTS LANDED IN THIS STATE, REGARDLESS OF WHERE TAKEN, MUST OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE; TO AMEND SECTION 50-5-370, RELATING TO PURCHASE OR REMOVAL OF SALTWATER FISHERY PRODUCTS NOT HANDLED BY A LICENSED WHOLESALE SEAFOOD DEALER FROM THIS STATE FOR COMMERCIAL PURPOSES, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PERSONS RECEIVING LIVE BAIT FROM A LICENSED LIVE BAIT DEALER OR TO PERSONS OR ENTITIES RECEIVING CULTURED PRODUCTS FROM PERSONS THAT SOLELY PRODUCE FISH OR FISHERY PRODUCTS REARED AS OFFSPRING FROM BROOD STOCK IN CAPTIVITY; TO AMEND SECTION 50-5-505, RELATING TO NET USE REQUIREMENTS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO HAUL SEINE MAY BE SET WITHIN FIVE HUNDRED YARDS OF ANY PUBLIC FISHING PIER; TO AMEND SECTION 50-5-510, RELATING TO CHANNEL NETS, SO AS TO CHANGE THE NUMBER OF BUOYS REQUIRED TO MARK CHANNEL NETS FROM ONE TO THREE AND PROVIDE FOR THEIR LOCATION, AND TO PROVIDE THAT WHEN SET NO CHANNEL NET MAY BE UNATTENDED FOR MORE THAN TWENTY-FOUR HOURS; TO AMEND SECTION 50-5-515, RELATING TO CHANNEL NETS AND TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT TURTLE EXCLUDER DEVICES MUST CONFORM TO SPECIFICATIONS OF THE NATIONAL MARINE FISHERIES SERVICE FOR SOFT TURTLE EXCLUSION DEVICES; TO AMEND SECTION 50-5-520, RELATING TO CHANNEL NET VIOLATIONS, FORFEITURE OF LICENSES, AND SEIZURE OF EQUIPMENT, SO AS TO PROVIDE THAT THE SEIZURE REQUIREMENTS OF THIS DO NOT APPLY TO REQUIREMENTS

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RELATING TO DISTANCES FROM THE CENTERLINE OF MARKED NAVIGATION CHANNELS IF THE DISTANCE IS GREATER THAN THREE HUNDRED FEET; TO AMEND SECTION 50-5-545, RELATING TO COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS, SO AS TO PROVIDE FOR THE NUMBER, SIZE, AND LOCATION OF CIRCULAR ESCAPE VENTS IN COMMERCIAL CRAB TRAPS, AND TO PROVIDE AN EXEMPTION FOR PEELER TRAPS; TO AMEND SECTION 50-5-550, RELATING TO TRAP BUOY SIZES, SO AS TO PROVIDE THAT MINNOW TRAPS USED FOR COMMERCIAL PURPOSES MUST UTILIZE FLOATS NO SMALLER THAN FIVE INCHES MARKED WITH THE OPERATOR'S NAME AND BAIT DEALER LICENSE NUMBER, AND THAT NO PERSON MAY ACQUIRE MORE THAN ONE IDENTIFICATION NUMBER REQUIRED FOR EACH LICENSED COMMERCIAL SALTWATER FISHERMAN LICENSED TO FISH TRAPS; TO AMEND SECTION 50-5-715, RELATING TO TRAWLING RESTRICTION AREAS WITHIN THE GENERAL TRAWLING ZONE, SO AS TO STRIKE THE WORD "BECOMING"; TO AMEND SECTION 50-5-765, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO STRIKE A PROVISION THAT CERTAIN TRAWL NETS ARE CONTRABAND; TO AMEND SECTION 50-5-960, RELATING TO RECREATIONAL SHELLFISH BOTTOM HARVESTS, SO AS TO STRIKE A PROVISION THAT NO PERSON MAY GATHER MORE THAN ONE PERSONAL LIMIT OF SHELLFISH PER DAY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN DAY PERIOD AND INSERT A PROVISION THAT NO PERSON MAY HARVEST SHELLFISH RECREATIONALLY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN DAY PERIOD; TO AMEND SECTION 50-5-965, RELATING TO TAKING SHELLFISH FROM BOTTOMS DESIGNATED FOR COMMERCIAL HARVEST AND INDIVIDUAL HARVESTER PERMITS, SO AS TO LIMIT THE APPLICATION OF THE SECTION TO BOTTOMS OR WATERS UNDER PERMIT FOR SHELLFISH CULTURE OR MARICULTURE, EXCLUDE COMMERCIAL FISHERMEN FROM THE APPLICATION OF THE SECTION, AND TO COMBINE AND EXPAND THE PROVISIONS FOR PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-1505, RELATING TO PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS, AND RELATED MATTERS, SO AS TO STRIKE THE LANGUAGE

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MAKING CERTAIN PROVISIONS OF LAW EFFECTIVE UNTIL THE PROVISIONS ARE PROMULGATED REGULATIONS; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS AS TO SHAD AND HERRING, SO AS TO PROVIDE FOR THE USE OF SKIM-BOW NETS WITHIN THE SPECIAL PROVISIONS RELATING TO SHAD AND HERRING; TO AMEND SECTION 50-5-1540, RELATING TO NET PLACEMENTS, SO AS TO PROVIDE THAT NO NET MAY BE SET WITHIN SIX HUNDRED FEET OF ANY GILL NET PREVIOUSLY SET, OR DRIFTED WITHIN SIX HUNDRED FEET OF ANOTHER DRIFTING NET; TO AMEND SECTION 50-5-1560, RELATING TO PENALTIES FOR OFFENSES FOR WHICH NO PENALTY HAS BEEN PRESCRIBED, SO AS TO STRIKE CERTAIN OBSOLETE LANGUAGE FROM THE SECTION; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL AND PUBLIC PIER LOGS, SO AS TO STRIKE "BOAT" AND INSERT "FISHING VESSEL", REVISE CERTAIN PENALTY PROVISIONS TO INCLUDE A TERM OF IMPRISONMENT, AND PROHIBIT ISSUING CHARTER FISHING VESSEL LICENSES UNTIL THE REQUIREMENTS OF THIS SECTION ARE MET; TO AMEND SECTION 50-5-2505, RELATING TO POINT SYSTEM ADMINISTRATION, SO AS TO DELETE A DUPLICATE PROVISION; TO AMEND SECTION 50-5-2510, RELATING TO SUSPENSION OF SALTWATER PRIVILEGES FOR ACCUMULATION OF POINTS, SO AS TO CONFORM LANGUAGE BY STRIKING "BOAT" AND INSERTING "FISHING VESSEL"; TO AMEND SECTION 50-5-2515, RELATING TO NOTICE AND REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE THAT REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES MUST BE IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-5-2520, RELATING TO APPEALS, SO AS TO CHANGE A REFERENCE TO THE APPEAL AUTHORITY FROM ARTICLE 3, CHAPTER 23, TITLE 1 OF THE CODE TO ARTICLE 5, CHAPTER 23, TITLE 1 OF THE CODE; TO AMEND SECTION 50-5-2725, RELATING TO SHARK CATCH LIMITS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FISHERY MANAGEMENT PLAN FOR SHARKS OF THE ATLANTIC OCEAN; TO AMEND SECTION 50-5-2730, RELATING TO FEDERAL FISHING REGULATIONS BEING THE LAW OF THE STATE, SO AS TO INCLUDE SALES

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RESTRICTIONS WITHIN THE SECTION AND PROVIDE THAT THE FEDERAL REGULATIONS APPLY STATEWIDE INCLUDING IN STATE WATERS; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT BEING REQUIRED TO HEAVE TO AND PERMIT BOARDING BY LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE PASSENGERS AMONG THOSE WHO MAY BE GUILTY OF VIOLATING THE SECTION, AND TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 380 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EFFECTING AN ARREST OR SEARCH WITH OR WITHOUT A WARRANT, THE HANDLING OF A DOMESTIC OR FAMILY VIOLENCE COMPLAINT OR CRIME BY A LAW ENFORCEMENT OFFICER OR A COURT, AND A LAW ENFORCEMENT OFFICER'S LIABILITY FOR AN ACT, OMISSION, OR EXERCISE OF DISCRETION, SO AS TO DELETE A PROVISION WHICH REQUIRES THAT ONLY EVIDENCE OF VIOLATIONS OF CERTAIN CRIMINAL DOMESTIC VIOLENCE PROVISIONS ARE ADMISSIBLE IN A COURT OF LAW AS A RESULT OF A WARRANTLESS SEARCH AND TO PROVIDE THAT EVIDENCE OF ANOTHER CRIME FOUND DURING A SEARCH INCIDENT TO A LAWFUL ARREST UNDER CERTAIN CIRCUMSTANCES MAY BE SEIZED BY A LAW ENFORCEMENT OFFICER WHO MAY ARREST AND FILE CRIMINAL CHARGES AGAINST A PERSON IMPLICATED BY THE EVIDENCE.
Referred to Committee on Judiciary

S. 390 (Word version) -- Senator Reese: A BILL TO ENACT THE "SOUTH CAROLINA FIREFIGHTERS EMPLOYMENT AND REGISTRATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY

Printed Page 2603 . . . . . Tuesday, May 1, 2001

ADDING CHAPTER 80, RELATING TO FIREFIGHTER EMPLOYMENT AND REGISTRATION, SO AS TO PROVIDE DEFINITIONS IN REGARD TO FIREFIGHTER REGISTRATION, TO REQUIRE CRIMINAL RECORDS CHECKS ON FIREFIGHTERS EMPLOYED IN THIS STATE ON OR AFTER JULY 1, 2001, TO REQUIRE REGISTRATION OF FIREFIGHTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL, TO REQUIRE THE STATE FIRE MARSHAL ASSIGN REGISTRATION NUMBERS TO AND MAINTAIN CERTAIN RECORDS ON REGISTERED FIREFIGHTERS, TO PROVIDE THAT EXCEPT FOR A FIREFIGHTER EMPLOYED BY THE UNITED STATES GOVERNMENT, NO PERSON SHALL BE ALLOWED TO PERFORM FIREFIGHTING DUTIES IN THIS STATE ON OR AFTER JULY 1, 2001, WITH A PUBLIC FIRE DEPARTMENT OR EMPLOYER WITHOUT BEING REGISTERED AS A FIREFIGHTER, TO REQUIRE THE STATE FIRE MARSHAL REGISTER EACH FIREFIGHTER AND MAINTAIN CERTAIN INFORMATION AND RECORDS ON EACH FIREFIGHTER, TO REQUIRE FIRE DEPARTMENTS AND EMPLOYERS OF FIREFIGHTERS TO NOTIFY THE STATE FIRE MARSHAL OF THE SEPARATION OF A FIREFIGHTER FROM EMPLOYMENT, AND TO PROVIDE FOR WRITTEN WARNINGS AND CIVIL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry

S. 429 (Word version) -- Senators Elliott, Leventis and Setzler: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO DEFINE "CYBERSTALKING", "ELECTRONIC COMMUNICATION", AND "ELECTRONIC MAIL"; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-3-1725, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN CYBERSTALKING OR TO UNLAWFULLY HARASS OR STALK ANOTHER PERSON BY ELECTRONIC COMMUNICATION OR ELECTRONIC MAIL AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Judiciary

Printed Page 2604 . . . . . Tuesday, May 1, 2001

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

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

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

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

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SECOND DEGREE (SECTION 16-11-312(A)) MUST PROVIDE A SAMPLE FOR THE STATE DNA DATABASE.
Referred to Committee on Judiciary

S. 498 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO ADD GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; TO AMEND SECTION 36-1-201, AS AMENDED, RELATING TO GENERAL DEFINITIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO DIFFERENTIATE BETWEEN A SECURITY INTEREST AND A LEASE; TO AMEND CHAPTER 8, TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING INVESTMENT SECURITIES, SO AS TO, INTER ALIA, TRANSFER THE STATUTORY LAW CONCERNING CREATION AND PERFECTION OF SECURITY INTERESTS IN INVESTMENT SECURITIES TO CHAPTER 9, TITLE 36, RELATING TO SECURED TRANSACTIONS, TO CODIFY INDUSTRY PRACTICES OF HOLDING INVESTMENT SECURITIES INDIRECTLY THROUGH INTERMEDIARIES, TO INCREASE LIQUIDITY AND CERTAINTY IN THE SECURITIES MARKETS BY ESTABLISHING FINALITY IN SECURITIES TRANSACTIONS, AND TO CLARIFY CHOICE OF LAW RULES IN SECURITIES TRANSACTIONS; TO AMEND SECTIONS 36-4-104 AND 36-5-114, AS AMENDED, ALL RELATING TO VARIOUS COMMERCIAL PRACTICES AND TRANSACTIONS GOVERNED BY THE UNIFORM COMMERCIAL CODE, SO AS TO CONFORM THE REMAINING CHAPTERS IN THE UNIFORM COMMERCIAL CODE TO THE MODIFICATIONS MADE IN CHAPTER 8, INVESTMENT SECURITIES; TO MAKE CORRESPONDING CHANGES TO APPROPRIATE OFFICIAL COMMENTS AS NECESSARY TO REFLECT THE CHANGES TO CHAPTER 8; TO AMEND SECTION 33-6-260, RELATING TO RESTRICTION ON TRANSFER OR REGISTRATION OF SECURITIES, SO AS TO CONFORM THE REFERENCE TO "SECURITIES"; TO AMEND CHAPTER 9, TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING SECURED TRANSACTIONS, SO AS TO, INTER ALIA, EXPAND THE SCOPE OF THE PROVISIONS TO INCLUDE ADDITIONAL

Printed Page 2606 . . . . . Tuesday, May 1, 2001

TYPES OF PROPERTY AS COLLATERAL, INCLUDING INVESTMENT SECURITIES FORMERLY ADDRESSED IN CHAPTER 8, AND NEW KINDS OF TRANSACTIONS; TO PROVIDE FOR CLARITY OF METHODS OF PERFECTION AND FOR CENTRALIZED AND ELECTRONIC FILING OF FINANCING STATEMENTS; TO PROVIDE THAT THE LOCATION OF THE DEBTOR DETERMINES THE PLACE OF FILING AND THE EFFECT OF PERFECTION; TO PROVIDE NEW DEFAULT AND ENFORCEMENT RULES FOR DEALING WITH GUARANTORS, NEW KINDS OF PROPERTY, AND SUBORDINATE CREDITORS; TO DISTINGUISH MORE CLEARLY THE TREATMENT OF A CONSUMER TRANSACTION INVOLVING A SECURITY INTEREST AND THE PROTECTIONS AFFORDED A CONSUMER DEBTOR; TO CLARIFY CERTAIN AMBIGUITIES ARISING FROM CONFLICTING JUDICIAL INTERPRETATIONS OF THE APPLICATIONS OF SOME PROVISIONS; TO PROVIDE FOR INCREASED UNIFORMITY IN THE TREATMENT OF SECURED TRANSACTIONS INVOLVING OIL AND GAS AND AGRICULTURE; TO AMEND SECTION 36-1-105, RELATING TO CHOICE OF LAW GENERALLY, SO AS TO CONFORM ITS PROVISIONS TO THE PROVISIONS OF CHAPTER 2A AND THE REVISIONS TO CHAPTER 9; TO REPEAL CHAPTER 6, TITLE 36, RELATING TO BULK TRANSFERS AND TO REPEAL CHAPTER 7, TITLE 35, RELATING TO THE "UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS"; AND TO MAKE THE EFFECTIVENESS OF CHAPTERS 8 AND 9 SIMULTANEOUS ON JULY 1, 2001.
Referred to Committee on Judiciary

S. 511 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO REQUIRE A SUBSTANTIVE QUALITY REVIEW IN EACH COUNTY EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, AND TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED.
Referred to Committee on Ways and Means

Printed Page 2607 . . . . . Tuesday, May 1, 2001

S. 513 (Word version) -- Senators Richardson, Ford and Mescher: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO REQUIRE THAT POLITICAL PARTIES MUST COMPLY WITH THE CERTIFICATION PROVISIONS SET FORTH IN SECTIONS 7-13-40 AND 7-13-350.
Referred to Committee on Judiciary

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

S. 576 (Word version) -- Senators Bauer, Ravenel, Grooms, McGill, Branton, Elliott, Peeler, Giese, Leventis, Mescher, McConnell, Short, Courson, Leatherman, Setzler, Wilson, Holland, Ryberg, Reese, Martin, Verdin, Gregory, Thomas, Ritchie, Richardson and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO ADD AN ADDITIONAL FELONY PENALTY WHEN A PERSON WEARS BODY ARMOR WHEN COMMITTING A CRIME INVOLVING A VIOLENT ACT OR A THREAT OF A VIOLENT ACT AND TO PROVIDE

Printed Page 2608 . . . . . Tuesday, May 1, 2001

EXCEPTIONS; AND BY ADDING SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT CRIME TO PURCHASE, OWN, POSSESS, OR USE BODY ARMOR, TO PRESCRIBE PROCEDURES FOR GAINING AN EXCEPTION FROM THE CHIEF OF POLICE OR COUNTY SHERIFF, TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO ISSUE BODY ARMOR TO A PERSON IN CUSTODY OR TO A WITNESS; AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary

S. 624 (Word version) -- Senator J. V. Smith: A JOINT RESOLUTION TO REDUCE FROM EIGHT HUNDRED EIGHTY DOLLARS TO EIGHT HUNDRED SEVENTEEN DOLLARS THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURED STANDARD LICENSE PLATE FOR VEHICLES IN ITS EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES, TO LIMIT THE REDUCED FEE TO APPLICATIONS FILED IN 2002, AND TO PROPORTIONATELY REDUCE THE ALLOCATIONS OF THIS FEE REVENUE.
Rep. VAUGHN asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Ways and Means

CONCURRENT RESOLUTION

The following was introduced:

H. 4046 (Word version) -- Reps. J. Brown, Breeland, Clyburn and M. Hines: A CONCURRENT RESOLUTION TO HONOR AND COMMEND THE GRADUATES OF ALLEN UNIVERSITY CLASS OF 1951 WHO CELEBRATE THIS YEAR THE GOLDEN ANNIVERSARY OF THEIR GRADUATION AND TO CONGRATULATE THEM ON THE MANY SUCCESSES AND ACHIEVEMENTS WHICH HAVE COME TO THEM AS A RESULT OF THE EXCELLENT EDUCATION RECEIVED AT ALLEN UNIVERSITY.

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

Printed Page 2609 . . . . . Tuesday, May 1, 2001

CONCURRENT RESOLUTION

The following was introduced:

H. 4047 (Word version) -- Reps. J. Hines and Snow: A CONCURRENT RESOLUTION TO RECOGNIZE THE LATE BUDDY JOHNSON AND HIS SISTER, ELLA JOHNSON, BOTH OF DARLINGTON COUNTY, FOR THEIR EXCEPTIONAL TALENTS AND ACCOMPLISHMENTS IN THE FIELD OF MUSIC ON THE OCCASION OF HIS INDUCTION INTO THE SOUTH CAROLINA MUSIC HALL OF FAME, AND THE UNVEILING OF A HISTORICAL MARKER ON THE GROUNDS OF MAYO HIGH SCHOOL WHICH CHRONICLES THEIR CAREERS IN THE MUSIC INDUSTRY.

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
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gourdine               Govan                  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                 Mack

Printed Page 2610 . . . . . Tuesday, May 1, 2001

Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Owens                  Parks
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.
Smith, W.D.            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 Tuesday, May 1.

James Lucas                       JoAnne Gilham
Todd Rutherford

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. NEILSON a leave of absence for the week due to a car accident.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KENNEDY 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 week due to surgery.

Printed Page 2611 . . . . . Tuesday, May 1, 2001

LEAVE OF ABSENCE

The SPEAKER granted Rep. MEACHAM-RICHARDSON a leave of absence due to a death in the family.

DOCTOR OF THE DAY

Announcement was made that Dr. Louis E. Costa of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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. 4002 (Word version)
Date: ADD:
05/01/01 LUCAS

CO-SPONSOR ADDED

Bill Number: H. 3684 (Word version)
Date: ADD:
05/01/01 VAUGHN

CO-SPONSOR ADDED

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

Printed Page 2612 . . . . . Tuesday, May 1, 2001

CO-SPONSOR ADDED

Bill Number: H. 3462 (Word version)
Date: ADD:
05/01/01 KLAUBER

CO-SPONSOR ADDED

Bill Number: H. 3011 (Word version)
Date: ADD:
05/01/01 A. YOUNG

CO-SPONSOR ADDED

Bill Number: H. 3115 (Word version)
Date: ADD:
05/01/01 A. YOUNG

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. HARRELL moved that when the House adjourns it adjourn to meet at 9:30 a.m. tomorrow, which was agreed to.

H. 4049--ADOPTED

The following was introduced:

H. 4049 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3307, RELATING TO THE STATE EDUCATION LOTTERY, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, MAY 2, 2001, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3307 UNTIL SECOND READING OR OTHER DISPOSITION; TO SET BY SPECIAL ORDER S. 496, RELATING TO THE STATE EDUCATION LOTTERY, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY AFTER SECOND READING SPECIAL ORDER CONSIDERATION OF H.3307 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 496 UNTIL SECOND READING OR OTHER DISPOSITION; TO SET BY SPECIAL ORDER H. 3307 FOR THIRD READING OR OTHER CONSIDERATION ON THE NEXT LEGISLATIVE DAY IMMEDIATELY AFTER SECOND READING SPECIAL ORDER CONSIDERATION OF S. 496 AND PROVIDE FOR THE CONTINUING SPECIAL ORDER

Printed Page 2613 . . . . . Tuesday, May 1, 2001

CONSIDERATION OF H. 3307 UNTIL THIRD READING OR OTHER DISPOSITION; AND TO SET BY SPECIAL ORDER S. 496 FOR THIRD READING OR OTHER CONSIDERATION IMMEDIATELY AFTER THIRD READING SPECIAL ORDER CONSIDERATION OF H. 3307 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 496 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 3307, relating to state education lottery, is set by special order for second reading or other consideration on Wednesday, May 2, 2001, immediately following the call of the uncontested calendar and continuing on each legislative day after Wednesday, May 2, 2001, immediately following the call of the uncontested calendar until H. 3307 is given second reading or other disposition.

Be it further resolved that S. 496, relating to the state education lottery, is set by special order for second reading or other consideration immediately following second reading or other consideration of H. 3307 and continuing on each legislative day thereafter immediately following the call of the uncontested calendar until S. 496 is given second reading or other disposition.

Be it further resolved that H. 3307, relating to the state education lottery, is set by special order for third reading or other consideration on the next legislative day immediately following second reading or other consideration of S. 496 and continuing on each legislative day thereafter immediately following the call of the uncontested calendar until H. 3307 is given third reading or other disposition.

Be it further resolved that S. 496, relating to the state education lottery, is set by special order for third reading or other consideration immediately following third reading or other consideration of H. 3307 and continuing on each legislative day thereafter immediately following the call of the uncontested calendar until S. 496 is given third reading or other disposition.

Rep. KELLEY explained the Resolution.
The Resolution was adopted.

Printed Page 2614 . . . . . Tuesday, May 1, 2001

SENT TO THE SENATE

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

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. 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.

S. 556--DEBATE ADJOURNED

Rep. CARNELL moved to adjourn debate upon the following Bill until Wednesday, May 2, 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.

Printed Page 2615 . . . . . Tuesday, May 1, 2001

ORDERED TO THIRD READING

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

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 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.

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

Rep. COOPER explained the Bill.

H. 4018--DEBATE ADJOURNED

Rep. MARTIN moved to adjourn debate upon the following Bill until Wednesday, May 2, which was adopted:

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

Printed Page 2616 . . . . . Tuesday, May 1, 2001

CAROLINA, AS THE OFFICIAL STATE RURAL DRAMA THEATER.

H. 3822--POINT OF ORDER

The following Bill was taken up:

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.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22018CM01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 38-43-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 38-43-20. No person may act as agent for an insurer or for a fraternal benefit association unless an agent's license has been issued to him by the director or his designee, except for the following persons:

(a) an officer, employee, or secretary of a fraternal benefit association, as defined in Chapter 37 of this title, or any of its subordinate lodges or branches, who devotes substantially all of his services to activities other than the collection of premiums for fraternal insurance contracts and who receives for the solicitation of these contracts no commission or other compensation directly dependent upon the number or amount of contracts solicited or procured;

(b) a member representative of a fraternal benefit association which insures its members against death, dismemberment, and disability resulting from accident only and which pays no commission or other consideration for the collection of premiums for these contracts;

Printed Page 2617 . . . . . Tuesday, May 1, 2001

(c) a school teacher or school official who, without compensation, acts as agent for or performs any service in connection with the delivery or collection of insurance policies or premiums for accident and health insurance for children in the school system of the state where he is employed;

(d) a group insurance policyholder or employee of a group policyholder who acts as an agent or performs any service in connection with the collection of premiums or the delivery of insurance policies or certificates to the group insurance policyholder or his employees;

(e) an employee of a licensed agent who is under the agent's direct supervision or an employee of a licensed insurer, who performs solely clerical duties, and who is paid on an hourly or salary basis and not on a commission basis; or an agency office employee acting within the confines of the agent's office, under the direction and supervision of the licensed agent and within the scope of the agent's license, in the acceptance of request for insurance and payment of premiums and the performance of clerical, stenographic, and similar office duties; or

(f) an agent qualified to transact a life, health, or group insurance business may present a proposal for life, health, or group insurance to a prospective policyholder on behalf of an insurer for which the agent is not specifically licensed, and may also transmit an application for insurance to that insurer, if the insurer has previously furnished the proposal and application materials to the agent. By furnishing the proposal and application materials to the agent, the insurer is considered to have authorized the agent to act on its behalf, and the insurer is responsible for all actions of the agent as if the agent had been duly licensed for the insurer. Not more than fourteen days after the agent submits an application for insurance to the insurer, the insurer shall forward to the director or his designee its request that the agent be licensed as the insurer's agent in accordance with the requirements of this chapter.; or

(g) a limited insurance licensee pursuant to Section 38-77-1200."
SECTION 2. Chapter 43, Title 38 of the 1976 Code is amended by adding:

"Article 4
Limited Licensing of Motor Vehicle Rental Companies
to Sell or Offer Insurance

Section 38-43-500. (A) As used in this section:

Printed Page 2618 . . . . . Tuesday, May 1, 2001

(1) 'Limited license' means the authority of a person or entity authorized to sell certain coverage relating to the rental of motor vehicles pursuant to the provisions of this section;

(2) 'Rental agreement' means a written agreement setting forth the terms and conditions governing the use of a motor vehicle provided by a rental company for rental or lease;

(3) 'Rental company' means a person or entity in the business of providing primarily motor vehicles to the public under a rental agreement for a period of not more than ninety days;

(4) 'Renter' means a person obtaining the use of a motor vehicle from a rental company under the terms of a rental agreement for a period of not more than ninety days;

(5) 'Vehicle' or 'rental vehicle' means a motor vehicle of the private passenger type including passenger vans, minivans, sport utility vehicles, and vehicles of the cargo type, including cargo vans, pick-up trucks with a gross vehicle weight of less than 26,000 pounds which do not require the operator to possess a commercial driver's license;

(6) 'Rental period' means the term of the rental agreement.

(B) The Director of the Department of Insurance may issue to a rental company that has complied with the requirements of this section, a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with the rental of vehicles.

(C) Before issuing a limited license under this section, an application for a limited license must be filed with the director, signed by an officer of the applicant, on a form prescribed by the director.

(D) A rental company licensed pursuant to subsection (B) may offer or sell insurance through a licensed insurer only in connection with and incidental to the rental of vehicles, at the rental office or by pre-selection of coverage in a master, corporate, group rental, or individual agreement in any of the following categories:

(1) personal accident insurance covering the risks of travel including, but not limited to, accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period;

(2) liability insurance which, at the exclusive option of the rental company, may include uninsured and underinsured motorist coverage offered separately or in combination with other liability insurance, that provides protection, as applicable, to renters and other

Printed Page 2619 . . . . . Tuesday, May 1, 2001

authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle;

(3) personal effects insurance that provides coverage, as applicable, to renters and other vehicle occupants for the loss of, or damage to, personal effects that occur during the rental period;

(4) roadside assistance and emergency sickness protection programs; and

(5) any other travel or vehicle related coverage that a rental company offers in connection with and incidental to the rental of vehicles.

(E) Insurance may not be offered or sold by a limited licensee pursuant to this section unless:

(1) the rental agreement does not exceed ninety consecutive days;

(2) at every location where rental agreements are executed, brochures or other written materials are readily available to a prospective renter that:

(a) summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer;

(b) disclose that the coverage offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy or other source of coverage;

(c) state that the purchase by the renter of the kinds of coverage specified in this section is not required in order to rent a vehicle; and

(d) describe the process for filing a claim if the renter elects to purchase coverage and in the event of a claim.

(3) evidence of coverage in the rental agreement is disclosed to every renter who elects to purchase this coverage.

(F) A limited license issued under this section also shall authorize an employee of the limited licensee to act individually on behalf, and under the supervision of, the limited licensee with respect to the kinds of coverage specified in this section.

(G) Each rental company licensed pursuant to this section shall conduct a training program in which employees being trained shall receive basic instruction about the kinds of coverage specified in this section and offered for purchase by prospective renters of rental vehicles.

(H) Notwithstanding any other provision of this section, or any rule adopted by the director, a limited licensee pursuant to this section is not to treat monies collected from renters purchasing this insurance

Printed Page 2620 . . . . . Tuesday, May 1, 2001

as funds received in a fiduciary capacity or to hold the funds in separate trust accounts.

(I) A limited licensee under this section shall not advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers.

(J) If a limited licensee violates a provision contained in this section, the director may:

(1) after notice and a hearing, revoke or suspend a limited license issued under this section in accordance with the provisions of Section 38-5-120; or

(2) after notice and hearing, impose other penalties, including suspending the transaction of insurance at specific rental locations where violations of this section have occurred, as the director determines to be necessary or convenient to carry out the purposes of this section."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. TRIPP explained the amendment.

POINT OF ORDER

Rep. TRIPP 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. 3695--REQUEST FOR DEBATE WITHDRAWN

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

H. 3693--REQUEST FOR DEBATE WITHDRAWN

Rep. MERRILL withdrew his request for debate on H. 3693 (Word version); however, other requests for debate remained on the Bill.

H. 3968--REQUEST FOR DEBATE WITHDRAWN

Rep. SINCLAIR withdrew his request for debate on H. 3968 (Word version); however, other requests for debate and an objection remained on the Bill.

Printed Page 2621 . . . . . Tuesday, May 1, 2001

S. 624--RECALLED FROM COMMITTEE ON WAYS AND MEANS

On motion of Rep. VAUGHN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:

S. 327--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs and was referred to the Committee on Judiciary:

H. 3693--REQUESTS FOR DEBATE WITHDRAWN

Reps. LAW, SHARPE, DAVENPORT, J. R. SMITH and LEACH, with unanimous consent, withdrew their requests for debate on H. 3693 (Word version); however, other requests for debate remained on the Bill.

Printed Page 2622 . . . . . Tuesday, May 1, 2001

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4050 (Word version) -- Reps. Carnell, Klauber, Wilder and Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND THANK MS. JEAN TILLEY OF COLUMBIA FOR HER OUTSTANDING SERVICE AND GOOD WILL TO THE HOSPICE INDUSTRY IN THE PALMETTO STATE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4051 (Word version) -- Reps. Sharpe, Rhoad, McLeod, Koon, Bales, Battle, Frye, Gourdine, Riser, Snow, Townsend and Webb: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE FOREST PRODUCTS INDUSTRY IN SOUTH CAROLINA FOR ITS COMMITMENT TO RESPONSIBLE USE OF NATURAL RESOURCES AND FOR THE CREATION AND IMPLEMENTATION OF THE SUSTAINABLE FORESTRY INITIATIVE AS A MEANS TO THE RESPONSIBLE USE OF THE NATURAL RESOURCES OF THIS STATE.

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

Rep. W. D. SMITH 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. 4006 (Word version) -- Reps. Carnell, Simrill, Moody-Lawrence, Bowers, Gilham, M. Hines, Hosey, Kirsh, Littlejohn, Lloyd, Lourie, Martin, Meacham-Richardson, Miller, J. M. Neal, Ott, Owens, Riser, Rivers,

Printed Page 2623 . . . . . Tuesday, May 1, 2001

Rodgers, Scott, Stuart, Thompson, Weeks, Wilder, A. Young, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Loftis, Lucas, Mack, McCraw, McGee, McLeod, Merrill, J. H. Neal, Neilson, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Robinson, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilkins, Witherspoon and J. Young: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MAY 2001 AS MENTAL HEALTH MONTH IN SOUTH CAROLINA TO RAISE AWARENESS OF MENTAL HEALTH ILLNESSES AND THE CITIZENS OF OUR STATE WHO SUFFER FROM MENTAL ILLNESS.

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.

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.

ADJOURNMENT

At 12:55 p.m. the House, in accordance with the motion of Rep. W. D. SMITH, adjourned in memory of W. Workman Cantrell and Benjamin J. Burfete of Spartanburg, to meet at 9:30 a.m. tomorrow.

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