Indicates Matter Stricken
Indicates New Matter

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

Almighty God, as with renewed strength we undertake our challenges in this forum of public service, help us to be masters of ourselves that we may indeed serve others better. Give us a consuming passion, not to have our own way, but to find and do Your way. May no cherished resentment, no camouflaged selfishness, no ingrained resentment ever obstruct our service to others. Enlarge our horizons to match the enormity of our challenges. And when the day is done may there be less for which we need forgiveness and more for which we are glad because we have given our very best. Lord, in Your mercy, hear our prayer. Amen.

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

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

Rep. HASKINS moved that when the House adjourns, it adjourn in memory of E. Roy Stone of Greenville, which was agreed to.

The following was received:

In accordance with the action taken by the General Assembly on April 9, 1963 and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:

Total                 $ 16,085.00

Accounting:
Cash on Hand             $ 10.00
Cash Deposited in State General Fund   $ 16,075.00

Total                 $ 16,085.00

/s/ Sandra K. McKinney
Clerk of the House
May 18, 2001

Received as information.

Document No. 2564
Agency: Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-18-710
Accreditation Criteria
Received by Speaker of the House of Representatives
January 23, 2001
Referred to Education and Public Works Committee
Legislative Review Expiration May 23, 2001
20010522   Withdrawn and Resubmitted

Rep. COATES, from the Florence Delegation, submitted a favorable report on:

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

The following was introduced:

H. 4156 (Word version) -- Rep. W. D. Smith: A HOUSE RESOLUTION TO COMMEND WALTER "BUD" MOORE, A NATIVE OF SPARTANBURG, SOUTH CAROLINA, AND A TRUE NASCAR LEGEND, ON HIS LIFE AND HISTORIC RISE IN THE SPORT OF AUTO RACING AND HIS EFFORTS AND TALENTS THAT HAVE PLACED NASCAR ATOP THE SPORTS FIELD TODAY.

The Resolution was adopted.

The following was introduced:

H. 4157 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND THE CHAPIN HIGH SCHOOL "FIGHTING EAGLES" BOYS BASEBALL TEAM ON ITS TREMENDOUS SEASON OF SPIRITED COMPETITION AND TO CONGRATULATE THE PLAYERS AND COACHES ON WINNING THE 2001 CLASS AA STATE BASEBALL CHAMPIONSHIP.

The Resolution was adopted.

The Senate sent to the House the following:

S. 691 (Word version) -- Senators Leatherman, Drummond, McConnell, Alexander, Anderson, Bauer, Branton, Courson, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND RICHARD W. "RICK" KELLY FOR HIS DEDICATED YEARS OF PUBLIC

Whereas, our good friend, Richard W. "Rick" Kelly, Executive Director of the State Budget and Control Board, has announced he will be leaving his post to become Vice President and Chief Financial Officer of the University of South Carolina; and

Whereas, he graduated from the University of South Carolina in 1976, receiving his Bachelor of Science Degree (Business Administration); and

Whereas, Rick Kelly began his illustrious career with the State Budget and Control Board in 1981 and rose quickly through the ranks to become Director of the Division of Operations in 1992. In 1996, he was named Chief of Staff and Director of the Division of Operations of the State Budget and Control Board serving as the lead assistant to the Executive Director. On July 1, 1999, he took over the agency, succeeding Fred Carter, as Executive Director; and

Whereas, Rick Kelly has a keen mind and an incredible work ethic. These qualities are of great benefit and will help as he takes on duties overseeing business affairs, budgets, management of facilities, and safety issues at the University of South Carolina; and

Whereas, over the past two years, a number of notable achievements were made during his tenure as Executive Director of the State Budget and Control Board. In 1999, the board oversaw the state's first-ever investment of retirement funds in the stock market. Earlier this year, South Carolina conducted the largest bond sale in state history as part of the tobacco settlement; and

Whereas, under Rick Kelly's leadership and guidance, the board also renovated the historic Governor's Mansion, implemented the twenty-eight year retirement and TERI legislation, and began a strategic planning process. Prior to becoming executive director, he was also actively involved and supervised the day-to-day renovation project of the State House from 1995 through 1998; and

Whereas, in 1995, he received the Order of the Palmetto, the highest honor bestowed upon an individual by the Governor; and

Whereas, Rick Kelly leaves the South Carolina State Budget and Control Board after an outstanding career of twenty years, during which he performed all his duties with selfless determination, honor, loyalty, and respect; and

Whereas, it is most befitting for the members of the General Assembly to pause in their deliberations to pay tribute to the distinguished service and extraordinary achievements Rick Kelly has provided to the Palmetto State.

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

That the members of the General Assembly of the State of South Carolina, by this resolution, recognize and commend Richard W. "Rick" Kelly for his dedicated years of public service, to express appreciation for a job well done, and to wish him godspeed in his new endeavor as Vice President and Chief Financial Officer of the University of South Carolina.

Be it further resolved that a copy of this resolution be presented to Richard W. Kelly.

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

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

H. 4158 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 26-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF A NOTARY PUBLIC IN THIS STATE, SO AS TO

S. 419 (Word version) -- Senators Pinckney, Drummond, Matthews, J. V. Smith, Passailaigue, Ford, Glover, McConnell, Grooms and Jackson: A BILL TO AMEND SECTIONS 4-10-330, AS AMENDED, 4-10-340, AND 4-10-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION AND REVENUE USES, TAX IMPOSITION AND TERMINATION, AND REVENUE DISTRIBUTION UNDER THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO SPECIFICALLY AUTHORIZE THE TAX REVENUE TO BE USED TO PAY DEBT SERVICE ON BONDS ISSUED TO FUND THE APPROVED PROJECTS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THE TAX THROUGH THE QUARTER IN WHICH THE COUNTY CERTIFIES THAT NO BONDS REMAIN OUTSTANDING, TO PROVIDE THAT THE REFERENDUM QUESTION APPROVING A PROJECT MAY BE REVISED TO INCLUDE THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED FOR THE PROJECT WITH THE SOURCE TO PAY THE BONDS IF THE SALES TAX REVENUE IS INSUFFICIENT, TO PROVIDE THAT A QUESTION SO REVISED CONSTITUTES AN AUTHORIZATION TO ISSUE THE BONDS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS ON THE USES OF QUARTERLY DISTRIBUTIONS OF THESE TAX REVENUES, AND TO PROVIDE FOR THE USE OF THESE REVENUES FOR THE REPAYMENT OF BONDS WHEN THE REQUIRED REFERENDUM AND REFERENDUM APPROVAL OCCURRED BEFORE THE EFFECTIVE DATE OF THIS ACT.
Referred to Committee on Ways and Means

S. 680 (Word version) -- Senator Ravenel: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND

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

H. 4159 (Word version) -- Reps. Harvin, McGee, Kennedy, J. Young and G. Brown: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOLS STUDENT ASSOCIATION TO USE THE HOUSE CHAMBER ON TUESDAY, SEPTEMBER 25, 2001, FOR ITS MEETING AND CONFERENCE.

Be it resolved by the House of Representatives:

That the South Carolina Independent Schools Student Association may use the Chamber of the House of Representatives on Tuesday, September 25, 2001, for its meeting and conference. If the House is in statewide session, the chamber may not be used.

Be if further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no expenses may be charged to the South Carolina Independent Schools Student Association for the use of the chamber.

The Resolution was adopted.

The following was taken up for immediate consideration:

H. 4160 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE HOUSE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE BLATT BUILDING ON THURSDAY, NOVEMBER 29, 2001, AND FRIDAY, NOVEMBER 30, 2001, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Whereas, forty-five states have successful Youth in Government programs; and

Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school students; and

Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and

Whereas, more than one thousand two hundred high school students in the State are expected to participate this year, making the South Carolina Youth in Government program the largest per capita in the nation. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives authorize the Greenville Young Men's Christian Association Youth In Government program to use the House Chamber and to use such hearing rooms as may be available in the Blatt Building on Thursday, November 29, 2001, and Friday, November 30, 2001, to conduct a Youth in Government program. If the House is in statewide session, the House Chamber may not be used.

Be it further resolved that the Office of the Sergeant at Arms of the House shall provide assistance and access as necessary for this meeting in accordance with applicable procedures of the Rules of the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to Ms. Mary Capers Bledsoe, Executive Director of the YMCA Youth in Government, and the Honorable Mitchell G. Dorman, Sergeant at Arms of the House.

The Resolution was adopted.

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

Allen                  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               Edge
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Hamilton               Harrell                Harrison
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   McCraw
McGee                  McLeod                 Meacham-Richardson

Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Ott                    Owens
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Vaughn                 Walker
Webb                   Weeks                  Whatley
White                  Wilder                 Wilkins
Young, A.              Young, J.

I came in after the roll call and was present for the Session on Tuesday, May 22.

Jerry Govan                       James Law
Fletcher Smith                    Jackson Whipper
Alex Harvin                       Douglas Jennings
Merita Allison                    Anne Parks
Becky Martin

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

The SPEAKER granted Rep. WITHERSPOON a leave of absence for the week due to surgery.

The SPEAKER granted Rep. TRIPP a leave of absence for two weeks due to being in Brazil as part of his MBA program.

The SPEAKER granted Rep. EASTERDAY a temporary leave of absence due to a trial.

The SPEAKER granted Rep. TROTTER a leave of absence for the week due to business reasons.

Announcement was made that Dr. H. Del Schutte of Charleston is the Doctor of the Day for the General Assembly.

Rep. LEACH and the Greenville Delegation presented to the House J. Todd White, Principal of Mitchell Road Elementary School in Greenville for being selected as a 2001 National Distinguished Principal.

The following Bill was taken up:

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

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11669AC01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Section 40-79-230 of the 1976 Code, as added by Act 367 of 2000, is amended to read:

"Section 40-79-230.   (A)   An entity desiring to carry on or engage in an alarm system business shall submit an application to the Department of Labor, Licensing and Regulation. The owner, partners, or president, as appropriate, must sign the application. The primary qualifying party must also sign the application.

(B)   To qualify for a license, the applicant must:

(1)   submit a completed application as prescribed by the board;

(2)   satisfy the examination requirements prescribed by the board;

(3)   have a certificate of completion from the National Training School for Level I training or NICET II training course;

(4)   submit proof that the applicant's primary qualifying party is a full-time employee in a management position;

(4) (5)   submit a criminal background check of the entity's principal officers, all qualifying parties, and registered employees. The background check must indicate that these individuals are at least eighteen years of age and have not been convicted of any criminal act or committed any acts which are grounds for the denial of a license under this chapter;

(5) (6)   submit all documentation required by the department pursuant to the requirements of this chapter;

(6) (7)   pay all fees;

(7) (8)   the applicant must submit a list of all qualifying parties, registered employees, and branch offices in order to be licensed by the department;

(8) (9)   upon the cancellation of an alarm license, the licensee must complete an initial application, pay the appropriate fees, and be issued a new license number; and

(9)(10)   the department may provide for an alarm system business license that permits the holder to participate in the burglar alarm system or fire alarm system business, or both." /
Renumber sections to conform.
Amend totals and title to conform.

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

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

The following Bill was taken up:

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

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22105CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Title 40 of the 1976 Code is amended by adding:

Section 40-80-10.   (A)   This chapter may be cited as the 'South Carolina Firefighters Employment and Registration Act'.

(B)   For purposes of this chapter:

(1)   'Employer' means any fire department or other entity which puts an individual or employee in service as a firefighter or assigns any person to work or to official duties as a firefighter whether or not the firefighter receives financial compensation.

(2)   'Employment date' means the date the fire chief certifies the firefighter is trained and prepared to perform firefighting duties.

(3)   'Fire chief' means the highest ranking officer or official in charge of a fire department, whether or not called by some other title.

(4)   'Fire department' means any organization providing rescue, fire suppression, and related activities including any public or government sponsored organizations engaged in rescue, fire suppression, and related activities.

(5)   'Firefighter' means any person, male or female, paid or unpaid, who engages in rescue, fire suppression, or related activities under the supervision of a fire chief or fire department.

(6)   'Firefighting duties' means duties relating to rescue, fire suppression, public safety, and related activities as assigned by a fire chief.

Section 40-80-20.   (A)   Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.

(B)   The cost of the criminal records check must not exceed eight dollars.

(C)   A person who is convicted, pleads guilty or no contest, or otherwise admits guilt, regardless of adjudication, to a felony, arson related crime, use of an illegal substance, or abuse of a controlled

(D)   A criminal records check is not required for a firefighter employed on or before June 30, 2001.

Section 40-80-30.   (A)   No later than sixty days after the start of his employment date as a paid or volunteer firefighter, each firefighter must be registered with the Office of the State Fire Marshal by their fire chief or other employer. The criminal background check required by Section 40-80-20 must be conducted before registration.

(B)   The Office of the State Fire Marshal must maintain a file on each registered firefighter in this State, that includes all information required to be kept by this chapter, and must assign a firefighter identification number to each registered firefighter which corresponds with the firefighter's social security number.

(C)   Upon request the information in the file of an individual firefighter may be released in its entirety to a potential employer as defined in this chapter and may be used as a basis for employment. The requesting department or employer must maintain this information in a confidential manner.

(D)   Any registered firefighter may at any time request and obtain a copy of his or her file. The fee for a copy of a firefighter's file is five dollars payable to the Office of the State Fire Marshal.

Section 40-80-40.   (A)   No person may be allowed to perform firefighting duties with a public fire department, organization, or employer of a county, municipality, special purpose district, or other political subdivision in this State on or after July 1, 2001, without first undergoing a criminal background check as required by Section 40-80-20 and being recommended for registration pursuant to Section 40-80-50.

(B)   A firefighter employed by the United States Government and working in the course and scope of his official duties as a federal employee is not required to be registered under this chapter.

(C)   A firefighter who works for or serves more than one fire department must be registered by each department.

(D)   A firefighter previously registered with the Office of the State Fire Marshal, but not actively engaged with a fire department or as a firefighter for a period of six months, must apply for registration and must submit a criminal records check as required by Section 40-80-20.

Section 40-80-50.   Upon recommendation of a fire chief or other employer, the Office of the State Fire Marshal must register each firefighter subject to the provisions of Sections 40-80-30 and 40-80-40. The Office of the State Fire Marshal must maintain as minimum information on each firefighter the complete name, the date of birth, the social security number, the South Carolina driver's license number, the employer, and the date of employment or membership. The Office of the State Fire Marshal must notify the chief of the employing fire department or other employer of the registration. This notification may be transmitted electronically or in written form. The fire chief must utilize forms as required and provided by the Office of the State Fire Marshal.

Section 40-80-60.   If a firefighter becomes separated from employment or membership or becomes inactive, the fire chief or other employer within sixty days must notify the Office of the State Fire Marshal of the firefighters separation or inactive status. Notification of separation of a firefighter from employment must be on a form as provided by the Office of the State Fire Marshal.

Section 40-80-70.   Notwithstanding another provision of law, the provisions contained in this chapter do not apply to individuals engaged in firefighting duties during a declared state of emergency."
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.

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

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

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

Rep. DELLENEY explained the Bill.

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

Rep. DELLENEY explained the Bill.

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

Rep. FLEMING explained the Bill.

Rep. FLEMING explained the Bill.

H. 4143 (Word version) -- Reps. A. Young, Knotts, Whatley, Kennedy, Meacham-Richardson and Kirsh: A JOINT RESOLUTION TO POSTPONE THE COMPULSORY TESTIMONY REQUIREMENTS OF SECTION 56-5-2934 OF THE 1976 CODE, RELATING TO THE "ILLEGAL PER SE" LAW UNTIL THE EARLIER OF ADEQUATE FUNDING OF THE PROGRAM BY THE GENERAL ASSEMBLY OR JUNE 30, 2003.

Rep. A. YOUNG explained the Joint Resolution.

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

H. 4146 (Word version) -- Reps. Sinclair, Allison, Delleney, Lee, Littlejohn and Walker: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2001, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WOODRUFF, SOUTH CAROLINA, TO THE CITY OF WOODRUFF.

The following Bill was taken up:

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

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11736AC01), which was adopted:
Amend the bill, as and if amended, Section 48-1-320 by adding at the end:

/   For purposes of this section 'gross negligence' means the intentional, conscious failure to do something which a person ought to do or doing of something intentionally a person ought not to do or where a person is so indifferent to the consequences of his or her conduct as not to give slight care to what he or she is doing. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

The following Bill was taken up:

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

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11757AC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

"Section 20-7-2735.   (A)   A caregiver who begins employment in a licensed or approved child day care daycare center in South Carolina after June 30, 1994, must have at least a high school diploma or General Educational Development Certificate (GED) and at least six months' experience as a caregiver in a licensed or approved child daycare facility. However, a caregiver who is prevented from obtaining a high school diploma or GED because of a disability, and who otherwise is qualified to perform the essential functions of the position of caregiver, must have at least a high school Certificate of Completion and at least six months' experience as a caregiver in a licensed or approved child daycare facility. If a caregiver does not meet the experience requirements, the caregiver must be directly supervised for six months by a staff person with at least one year experience as a caregiver in a licensed or approved child day care daycare facility. Within six months of being employed, a caregiver must have six clock hours of training in child growth and development and early childhood education or shall continue to be under the direct supervision of a caregiver who has at least one year of experience as a caregiver in a licensed or approved child day care daycare facility.

(B)   A caregiver who has two years' experience as a caregiver in a licensed or approved facility and is employed as of July 1, 1994, in a licensed or approved child daycare center in South Carolina is exempt from the high school diploma and, General Education Development (GED), and Certificate of Completion requirements of subsection (A)."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

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

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

The following Bill was taken up:

S. 248 (Word version) -- Senators Martin, Leventis, Gregory, Branton and Alexander: A BILL TO AMEND SECTION 50-11-2200, AS

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

The following Bill was taken up:

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

Rep. GOURDINE made the Point of Order that the Bill was improperly before the House for consideration since its number and

The following Bill was taken up:

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

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

The following Bill was taken up:

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

Rep. ALTMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and

The following Bill was taken up:

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

Rep. ALTMAN requested debate on the Bill.

Rep. FLEMING asked unanimous consent to recall H. 3965 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.

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

S. 130 (Word version) -- Senator Holland: A JOINT RESOLUTION TO MAKE RETROACTIVE PAYMENTS OF OUTSTANDING VOUCHERS IN

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

H. 3010 (Word version) -- Reps. Knotts, Sandifer, Davenport, J. Young, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G. M. Smith, Leach, Lucas, Trotter, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Ott, Hinson, Loftis, Barfield, Talley, Koon and D. C. Smith: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MARRIED STUDENT RESIDING IN AN APARTMENT PROVIDED BY A PUBLIC OR PRIVATE SCHOOL WHO IS AUTHORIZED TO CARRY A WEAPON PURSUANT TO THE PROVISIONS RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, AND REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND

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

H. 3366 (Word version) -- Reps. Snow, Altman, Bales, Barfield, Breeland, R. Brown, Campsen, Edge, Gilham, Harvin, Keegan, Kelley, Limehouse, Miller, Rodgers, Scarborough, Vaughn, Whatley and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-55 SO AS TO PROVIDE THAT NO OWNER OF AN INTEREST IN A VACATION TIME-SHARING UNIT MAY BE CHARGED AN UP-

Rep. CATO explained the Senate Amendments.

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

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

H. 3624 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Rivers: A BILL TO PROVIDE THAT THE BEAUFORT COUNTY BOARD OF EDUCATION HAS THE AUTHORITY TO SET THE ANNUAL SALARY AND PER DIEM FOR ITS MEMBERS AFTER CONSIDERATION OF THE ISSUE AT THREE PUBLIC REGULARLY SCHEDULED MONTHLY MEETINGS AND AFTER ALLOWING PUBLIC COMMENT ON THE ISSUE, TO PROVIDE THAT THE COMPENSATION MAY NOT EXCEED THE COMPENSATION PAID TO MEMBERS OF THE BEAUFORT COUNTY COUNCIL, TO PROVIDE FURTHER THAT AFTER DECEMBER 31, 2001, NO INCREASE IN SALARY OR PER DIEM FOR BOARD MEMBERS MAY TAKE EFFECT UNTIL AFTER THE NEXT GENERAL ELECTION FOR SCHOOL BOARD MEMBERS, AND TO PROVIDE THAT THE BOARD MAY ESTABLISH REASONABLE MILEAGE AND EXPENSE REIMBURSEMENTS FOR ITS MEMBERS WHICH MAY NOT EXCEED THE MILEAGE AND EXPENSE REIMBURSEMENT AMOUNTS ESTABLISHED BY THE STATE FOR ITS EMPLOYEES.

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

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.

Rep. STILLE explained the Senate Amendments.

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

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

H. 3529 (Word version) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.

Rep. CAMPSEN proposed the following Amendment No. 2A (Doc Name COUNCIL\GJK\AMEND\20698SD01), which was adopted:

Section 59-2-10.   This chapter shall be known and may be cited as 'South Carolina College Investment Program', hereinafter referred to as SCCIP.

Section 59-2-20.   The General Assembly finds and declares as follows:

(1)   Education costs at institutions of higher learning are difficult for many to afford and difficult to predict. As a result, the ability of individuals and families to plan for future educational expenses has been adversely affected.

(2)   It is in the best interest of the citizens of this State to foster higher education in order to provide well-educated citizens.

(3)   It is in the best interest of the citizens of this State to encourage state residents to enroll in institutions of higher learning.

(4)   Providing a mechanism to help assure the higher education of the citizens of this State is necessary and desirable for the public health, safety, and welfare.

(5)   The purposes of this chapter are to:

(a)   provide wide and affordable access to the public institutions of higher learning for the residents of this State;

(b)   encourage attendance at institutions of higher learning and help individuals plan for educational expenses;

(c)   provide a program of investment trust agreements to apply distributions toward qualified higher education expenses at eligible educational institutions as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law;

(d)   provide for the creation of a trust fund, as an instrumentality of the State of South Carolina, to assist qualified students in financing costs of attending institutions of higher education;

(e)   encourage timely financial planning for higher education by the creation of investment trust accounts;

(f)   provide a choice of programs to persons who determine that the overall educational needs of their families are best suited to a prepaid tuition contract under the South Carolina Tuition Prepayment Program, or a investment trust agreement under this chapter, or both;

(g)   provide a investment program for those who wish to save to meet postsecondary educational needs beyond the traditional baccalaureate curriculum.

Section 59-2-30.   The following terms have the meanings below unless the context clearly indicates otherwise:

(1)   'SCCIP Trust Fund' means the special fund designated as the 'South Carolina College Investment Trust Fund' and administered by the Office of State Treasurer.

(2)   'Account owner' means a person, corporation, trust, charitable organization, or other such entity who contributes to or invests money in a investment trust account under SCCIP established pursuant to this chapter on behalf of a beneficiary and who is listed as the owner of the investment trust account.

(3)   'Beneficiary' means a beneficiary of a investment trust agreement who meets the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, as well as any regulations established by the Office of State Treasurer.

(4)   'Contributor' means any person, corporation, trust charitable organization, or other such entity who contributes money or makes a payment to a investment trust account established pursuant to this chapter on behalf of a beneficiary.

(5)   'Director' means the head of the South Carolina Tuition Prepayment Program SCCIP and who is appointed and supervised by the State Treasurer.

(6)   'Institution of higher learning' means any institution of higher learning which is an eligible education institution as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or any other applicable federal law.

(7)   'Tuition' means the quarter, semester, or term charges and all required fees imposed by an institution of higher learning as a condition of enrollment by all students.

(8)   'Investment trust account' means an account established by an account owner pursuant to this chapter on behalf of a beneficiary in order to apply distributions from the account toward qualified higher education expenses at eligible educational institutions, as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.

(9)   'Investment Trust Agreement' means the agreement entered into between the Office of State Treasurer and the account owner establishing a investment trust account.

(10)   'State Treasurer' means the South Carolina State Treasurer.

(11)   'Qualified higher education expense' means any higher education expense as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.

(12)   'Qualified Withdrawal' means a withdrawal by an account owner or beneficiary for qualified higher education expenses or as otherwise permitted under Section 529 of the Internal Revenue Code of 1986, as amended, without a penalty required by the section.

Section 59-2-40.   The Office of State Treasurer shall have responsibility over both the SCCIP and the South Carolina Tuition Prepayment Program (SCTPP) established under Chapter 4 of this title.

Section 59-2-50.   In addition to the powers granted by any other provision of this chapter, the Office of State Treasurer shall have the powers necessary to carry out the purposes and provisions of this chapter and the purposes and objectives of the trust fund including, but not limited to, the following:

(1)   adopt those regulations as are necessary to implement the provisions of this chapter, subject to applicable federal laws and regulations, including regulations regarding transfers of funds between accounts established under prepaid tuition contracts and investment trust agreements;

(2)   execute contracts and other necessary instruments;

(3)   impose reasonable limits on the number of contract participants in the trust fund at any given period of time;

(4)   contract for necessary goods and services, to employ necessary personnel, and to engage the services of consultants and other qualified persons and entities for administrative and technical assistance in carrying out the responsibilities of the trust funds under terms and conditions that the State Treasurer deems reasonable, to include contract terms for periods of up to ten years which contract may be terminated, extended, or renewed with these entities for a term determined by the State Treasurer, but in no event shall such contract exceed a term of ten years at any one time;

(5)   solicit and accept gifts, as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, as well as any regulations established by the Office of State Treasurer, and to participate in any other way in any federal, state, or local governmental programs in carrying out the purposes of this chapter;

(6)   define the terms and conditions under which payments may be withdrawn or refunded from the trust fund and impose reasonable charges for such withdrawal or refund;

(7)   impose reasonable time limits on the use of investment trust account distributions provided by the program;

(8)   regulate the receipt of contributions or payments to the trust fund;

(9)   establish agreements or other transactions with federal, state, and local agencies, including state institutions of higher learning;

(10)   segregate contributions and payments to the fund into various accounts and funds;

(11)   require and collect administrative fees and impose reasonable penalties, not to exceed the minimum penalties required under Section 529 of the Internal Revenue Code of 1986, as amended, for withdrawal of funds for nonqualified higher educational expenses or for entering into a investment trust agreement on a fraudulent basis;

(12)   require that account owners of investment trust agreements verify, under oath, any requests for contract conversions, substitutions, transfers, cancellations, or refund requests;

(13)   solicit proposals and contract for the marketing of SCCIP, provided that any materials produced by a marketing contractor for the purpose of marketing the program must be approved by the State Treasurer prior to being made available to the public, and neither the State nor the Office of State Treasurer shall be liable for misrepresentation of the program by a marketing contractor;

(14)   delegate responsibility for administration of the comprehensive investment plan to contractors or consultants the State Treasurer determines to be qualified;

(15)   create as a part of the comprehensive investment plan various age-based investment options for the contributor to choose among and to transfer qualified college investment account assets among these options, within the limitation of Section 529 of the Internal Revenue Code of 1986, as amended, if the investment options meet the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, and neither a contributor nor beneficiary is directly or indirectly directing the investment of any contribution to the program;

(16) establish procedures to allow for transfer of funds from an existing South Carolina Tuition Prepayment Program account or any other college investment account as allowable under Section 529 of the Internal Revenue Code of 1986, as amended;

(17)   to make all necessary and appropriate arrangements with colleges and universities or other entities in order to fulfill its obligations under investment trust agreements;

(18)   establish other policies, procedures, and criteria necessary to implement and administer the provisions of this chapter in compliance with Section 529 of the Internal Revenue Code of 1986, as amended, and other applicable provisions of federal and state law.

Section 59-2-60.   (A)   The Office of State Treasurer shall make investment trust agreements available to the public, under which account owners or other contributors may make contributions on behalf of beneficiaries. These contributions and investment earnings on these contributions may be used for any qualified higher educational expenses of a designated beneficiary. There is no guarantee by the State that the contributions, together with the investment return on the contributions, if any, will be adequate to pay for qualified education expenses in full.

(B)   Each investment trust agreement made pursuant to this chapter must include the following terms and provisions:

(1)   the maximum and minimum contributions allowed on behalf of each beneficiary for the payment of qualified higher education expenses at eligible institutions, both as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, so that in no case shall the maximum allowable contribution be less than the amount allowable for the gift tax exclusion under Section 529 of the Internal Revenue Code of 1986, as amended;

(2)   provisions for withdrawals, refunds, transfers, and any penalties;

(3)   the name, address, and date of birth of the beneficiary on whose behalf the investment trust account is opened;

(4)   terms and conditions for a substitution of the beneficiary originally named;

(5)   terms and conditions for termination of the account, including any refunds, withdrawals, or transfers, applicable penalties, and the name of the person entitled to terminate the account;

(6)   the time period during which the beneficiary must use benefits from the investment trust account;

(7)   all other rights and obligations of the account owner and the SCCIP Trust Fund; and

(8)   any other terms and conditions which the State Treasurer deems necessary or appropriate, including those necessary to conform the investment trust account with the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law or regulations.

Section 59-2-70.   (A)   There is created a South Carolina College Investment Trust Fund separate and distinct from the state general fund (hereinafter referred to as the 'SCCIP Trust Fund') to be administered by the Office of State Treasurer. The SCCIP Trust Fund shall consist of money remitted in accordance with investment trust agreements. The trust fund shall receive and hold all payments, contributions, and deposits intended for it as well as all earnings thereon until disbursed as provided hereunder.

(B)   The amounts on deposit in the trust fund do not constitute property of the State. Amounts on deposit in the trust fund must not be commingled with other state funds and the State shall have no claim to or interest in such funds. Investment trust agreements or any other contract entered into by or on behalf of the trust fund do not constitute a debt or obligation of the State and no account owner shall be entitled to any amounts except for those amounts on deposit in or accrued to their account.

(C)   The SCCIP Trust Fund shall continue in existence as long as it holds any funds belonging to an account owner or otherwise has any obligations to any person or entity until its existence is terminated by law and remaining assets on deposit are returned to account owners or transferred to the State as provided by law.

(D)   The Office of State Treasurer shall administer the fund, including, without limitation, the keeping of records, the management of bank accounts and other investments, the transfer of funds and the safekeeping of securities evidencing investments. These functions may be administered pursuant to a management agreement with a qualified entity or entities.

(E)   Payments received by the Office of State Treasurer on behalf of beneficiaries from account owners and other contributors shall be placed in the trust fund.

(F)   The director shall cause there to be maintained separate records and accounts for individual beneficiaries as may be required under Section 529 of the Internal Revenue Code of 1986, as amended, and any other applicable federal law.

(G)   Account owners and any other contributors shall only be permitted to contribute cash or any other form of payment or contribution as may be permitted under Section 529 of the Internal Revenue Code of 1986, as amended, and approved by the State Treasurer. The director shall cause the program to maintain adequate safeguards against contributions in excess of what may be required for qualified higher education expenses. The trust fund is specifically

(H)   The account owner retains ownership of all amounts on deposit in his or her account with the program up to the date of distribution on behalf of a designated beneficiary unless otherwise provided herein. Earnings derived from investment of the contributions shall be considered to be held in trust in the same manner as contributions, except as applied for purposes of the designated beneficiary. Amounts on deposit therein shall be available for expenses and penalties imposed by the Office of State Treasurer for the program as disclosed in the investment trust agreement.

(I)   The assets of the SCCIP Trust Fund shall be preserved, invested, and expended solely pursuant to and for the purposes of this chapter and shall not be loaned or otherwise transferred or used by the State of South Carolina for any other purpose.

Section 59-2-80.   (A)   All property and income of the SCCIP Trust Fund, as an instrumentality of the State, shall be exempt from all taxation by the State and by its political subdivisions.

(B)   Any interest, dividends, gains, or income accruing on the payments made pursuant to a investment trust agreement under the terms of this chapter or on any account in the SCCIP Trust Fund shall be excluded from the gross income of any such account owner, contributor, or beneficiary for purposes of South Carolina income taxes, to the extent such amounts remain on deposit in the SCCIP Trust Fund or are withdrawn pursuant to a qualified withdrawal. The SCCIP Trust Fund and Tuition Prepayment Program under Chapter 4 of this title shall constitute the only programs established pursuant to Section 529 of the Internal Revenue Code of 1986, as amended.

(C)   The earnings portion of any withdrawals from an account that are not qualified withdrawals shall be included in the gross income of the resident recipient of the withdrawal for purposes of South Carolina income taxes in the year of the withdrawal.

(D)   Contributions to a investment trust account created under this chapter by a resident of this State or a nonresident required to file a

Section 59-2-90.   (A)   The Office of State Treasurer has authority to establish a comprehensive investment plan for the purposes of this chapter, to invest any funds of the trust fund in any instrument, obligation, security, or property that constitutes legal investments, and to name and use depositories for its investments and holdings. The comprehensive investment plan shall specify the investment policies to be utilized by the State Treasurer in its administration of the funds.

Notwithstanding any provisions of law, the Office of State Treasurer shall invest or cause to be invested amounts on deposit in the trust fund in a manner reasonable and appropriate to achieve the objectives of the program, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The Office of State Treasurer shall give due consideration to the risk, expected rate of return, term or maturity, diversification of total investments, liquidity and anticipated investments in and withdrawals from the trust fund.

(B)   All investments shall be acquired at prices not exceeding the prevailing market values for such securities.

(C)   Any limitations herein set forth shall be applicable only at the time of purchase and shall not require the liquidation of any investment at any time. All investments shall be clearly marked to indicate ownership by the trust fund and to the extent possible shall be registered in the name of the trust fund.

(D)   Subject to the above terms, conditions, limitations, and restrictions, the Office of State Treasurer shall have power to sell, assign, transfer, and dispose of any of the securities and investments of the trust fund. The State Treasurer may employ or contract with investment managers, evaluation services, or other such services as determined by the Office of State Treasurer to be necessary for the effective and efficient operation of the trust fund.

(E)   Except as otherwise provided herein, no employee of the trust fund shall have any direct or indirect interest in the income, gains, or profits of any investment made by the trust fund, nor shall any such person receive any pay or emolument for his services in connection with any investment made by the trust fund.

(F)   Under the authority granted in Section 59-2-50, the State Treasurer may establish criteria for investment managers, mutual funds, or other entities to act as contractors or consultants to the Office of State Treasurer. The State Treasurer may contract, either directly or through these contractors or consultants, to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the State Treasurer, including, but not limited to, providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control, and safekeeping.

(G)   No account owner, contributor, or beneficiary may directly or indirectly direct the investment of any account except as may be permitted under Section 529 of the Internal Revenue Code of 1986, as amended.

(H)   The Office of State Treasurer may approve different investment plans and options to be offered to participants to the extent permitted under Section 529 of the Internal Revenue Code of 1986, as amended, and consistent with the objectives of this chapter and may require the assistance of investment counseling prior to participation in different options.

Section 59-2-100.   (A)   The State Treasurer shall furnish without charge to each account owner an annual statement of:

(1)   the amount contributed by the account owner under the investment trust agreement;

(2)   the annual earnings and accumulated earnings on the investment trust account; and

(3)   any other terms and conditions which the director deems necessary or appropriate, including those necessary to conform the investment trust account with the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law or regulations.

(B)   The director shall furnish an additional statement complying with subsection (A) to an account owner or beneficiary on written request. The State Treasurer may charge a reasonable fee for each statement furnished under this subsection.

(C)   The Office of State Treasurer shall prepare or cause to be prepared an annual report setting forth in appropriate detail an accounting of the funds and a description of the financial condition of the program at the close of each fiscal year. Such report shall be submitted to the Governor and the General Assembly. In addition, the Office of State Treasurer shall make the report available to account owners of investment trust agreements. The accounts of the fund shall be subject to annual audits by the State Auditor or his designee.

Section 59-2-110.   This chapter is not a promise or guarantee that the beneficiary will be:

(a)   admitted to any institution of higher learning;

(b)   allowed to continue enrollment at an institution of higher learning; or

(c)   graduated from an institution of higher learning.

Section 59-2-120.   Nothing in this chapter or in any investment trust agreement entered into pursuant to this chapter shall be construed as a promise or guarantee by the State or any agency thereof that either qualified higher education expenses in general or any specific qualified higher education expense shall be covered in full by contributions or earnings on any investment trust account. Investment trust accounts and agreements entered into pursuant to this chapter are not guaranteed by the full faith and credit of the State of South Carolina.

Section 59-2-130.   Notwithstanding any provision of law, no moneys on deposit in the SCCIP Trust Fund shall be considered an asset of either the parent, guardian, or student for purposes of determining an individual's eligibility for a need based grant, a need based scholarship, or a need based work opportunity offered or administered by any state agency except as may be required by the funding source of such financial aid.

Section 59-2-140.   The SCCIP Trust Fund, contributions to the SCCIP Trust Fund, and the right of a person to a refund of contributions or any other right accrued or accruing to any person under the provisions of this chapter are exempt from attachment, garnishment, levy, and sale under any means or final process issued by any court or bankruptcy proceeding and are unassignable except as specifically otherwise provided in this chapter.

Section 59-2-150.   Neither the State Treasurer nor any transfer agent, administrator, bank, broker, or other financial institution acting on the instructions of or otherwise dealing with a any person purporting to act as a contributor, beneficiary, or account owner is responsible for determining the following:

(1)   whether the contributor, beneficiary, account owner, or person purporting to act as such has been duly designated;

(2)   whether any purchase, sale, transfer, or other action to or by a person purporting to act in the capacity of an account owner is in accordance with or authorized by this chapter; or

(3)   the validity or propriety under this chapter of any instrument or instructions executed or given by a person purporting to act as a contributor, beneficiary, or account owner.

Section 59-2-160.   The provisions of this chapter are severable. If any part of this chapter is declared invalid or unconstitutional, such declaration shall not affect the parts which remain."
(B)   This section takes effect on January 1, 2002. /
Amend further, as and if amended, by striking SECTION 6 and inserting:
/ SECTION   6.   Except as otherwise provided herein, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. CAMPSEN proposed the following Amendment No. 1A (Doc Name COUNCIL\GJK\AMEND\20687SD01):
Amend the bill, as and if amended, in Section 59-4-40 of the 1976 Code, as contained in SECTION 2, by striking /trust/ on line 20, page 2, and inserting /transfer /
Amend the bill further, as and if amended, in Chapter 2 of Title 59 of the 1976 Code, as contained in SECTION 3, by adding a new Section 59-2-145 to read:
/   Section 59-2-145.   Neither the State Treasurer nor any transfer agent, administrator, bank, broker, or other financial institution acting on the instructions of or otherwise dealing with a any person purporting to act as a contributor, beneficiary, or account owner is responsible for determining the following:

(1)   whether the contributor, beneficiary, account owner, or person purporting to act as such has been duly designated;

(2)   whether any purchase, sale, transfer, or other action to or by a person purporting to act in the capacity of an account owner is in accordance with or authorized by this chapter; or

(3)   the validity or propriety under this chapter of any instrument or instructions executed or given by a person purporting to act as a contributor, beneficiary, or account owner. /
Amend the bill further, as and if amended, by striking SECTION 6 and inserting:
/SECTION   6.   This act takes effect upon approval by the Governor, except that SECTION 3 takes effect January 1, 2002. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN moved to divide the question, which was agreed to.

Amend the bill, as and if amended, in Section 59-4-40 of the 1976 Code, as contained in SECTION 2, by striking /trust/ on line 20, page 2, and inserting /transfer /

The question was adopted.

Amend the bill further, as and if amended, in Chapter 2 of Title 59 of the 1976 Code, as contained in SECTION 3, by adding a new Section 59-2-145 to read:
/   Section 59-2-145.   Neither the State Treasurer nor any transfer agent, administrator, bank, broker, or other financial institution acting on the instructions of or otherwise dealing with a any person purporting to act as a contributor, beneficiary, or account owner is responsible for determining the following:

(1)   whether the contributor, beneficiary, account owner, or person purporting to act as such has been duly designated;

(2)   whether any purchase, sale, transfer, or other action to or by a person purporting to act in the capacity of an account owner is in accordance with or authorized by this chapter; or

(3)   the validity or propriety under this chapter of any instrument or instructions executed or given by a person purporting to act as a contributor, beneficiary, or account owner. /
Amend the bill further, as and if amended, by striking SECTION 6 and inserting:
/SECTION   6.   This act takes effect upon approval by the Governor, except that SECTION 3 takes effect January 1, 2002. /

Rep. CAMPSEN moved to table the question, which was agreed to.

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

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

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

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

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

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

Rep. HARRISON moved to waive Rule 5.12, which was agreed to by a division vote of 34 to 5.
Ordered for consideration tomorrow.

The following was introduced:

H. 4161 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF CAPTAIN J. L. "HOSS" JOHNSON OF MURRELLS INLET THIS PAST SUMMER, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

The following was introduced:

H. 4162 (Word version) -- Reps. Rhoad and Sharpe: A CONCURRENT RESOLUTION TO COMMEND DAVID BENJAMINE (BENJIE) RHOAD, SR., OF LEXINGTON, ON HIS DEDICATION TO NATIONAL, STATE, AND LOCAL LEADERSHIP IN AGRICULTURE AND TO CONGRATULATE MR. RHOAD ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA FARM BUREAU AND WISH FOR HIM YEARS OF HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

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

H. 4163 (Word version) -- Reps. Knotts, Bingham, Riser, Stuart, Huggins, Koon and Quinn: A BILL TO REQUIRE ALL SCHOOL DISTRICTS IN LEXINGTON COUNTY TO OBSERVE ALL LEGAL STATE HOLIDAYS BY CLOSING SCHOOLS AND SCHOOL DISTRICT OFFICES ON THESE HOLIDAYS.
On motion of Rep. KNOTTS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following Bill was taken up:

S. 390 (Word version) -- Senator Reese: A BILL TO ENACT THE "SOUTH CAROLINA FIREFIGHTERS EMPLOYMENT AND REGISTRATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 80, RELATING TO FIREFIGHTER EMPLOYMENT AND REGISTRATION, SO AS TO PROVIDE DEFINITIONS IN REGARD TO FIREFIGHTER REGISTRATION, TO REQUIRE CRIMINAL RECORDS CHECKS ON FIREFIGHTERS EMPLOYED IN THIS STATE ON OR AFTER JULY 1, 2001, TO REQUIRE REGISTRATION OF FIREFIGHTERS

Rep. OTT proposed the following Amendment No. 3 (Doc Name COUNCIL\SKB\AMEND\18568HTC01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ____.Subsections (C), (D), and (E) of Section 2 of Act 1377 of 1968, as added by Act 522 of 1992, are amended to read:

"(C)   In addition to the tax imposed pursuant to the provisions of Section 38-7-30 of the 1976 Code, an additional tax of thirty-five one-hundredths percent is imposed annually on the gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium deposits of all fire insurance companies doing business in the State. This tax must be collected by the Chief Insurance Commissioner Director of the Department of Insurance as other taxes on fire insurance companies are collected. All sums collected for this tax must be paid annually by the commissioner director to the State Treasurer for establishment of a fund to be credited to the South Carolina Department of Labor, Licensing and Regulations to be used for capital improvements by the State Treasurer to pay the debt service on the bonds issued pursuant to the provisions of subsection (B) and support at the State Fire Academy, implementation of the Firefighter Employment and Registration Act established in Chapter 80 of Title 40 of the 1976 Code, regional service delivery of public fire fighter education and training, fire prevention

(D)   Reserved The State Treasurer shall establish a special fund into which proceeds of the additional tax authorized in subsection (C) must be deposited upon their receipt from the Chief Insurance Commissioner. This fund is designed to achieve a proper matching of monies to meet the debt service obligations on the bonds authorized in this section in a given year. Monies in the fund must be used solely to pay debt service on the bonds and for no other purpose.

(E)   Reserved Upon payment in full of the principal of, premium, if any, and interest on the bonds authorized in this section, any remaining balances in the special fund created in this section must be transferred by the State Treasurer to the general fund of the State." /
Renumber sections to conform.
Amend totals and title to conform.

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

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

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

The Senate returned to the House with concurrence the following:

H. 4149 (Word version) -- Reps. Chellis, A. Young and Owens: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE SUMMERVILLE HIGH SCHOOL BOYS TRACK TEAM FOR WINNING THE AAAA STATE CHAMPIONSHIP SATURDAY, MAY 12, 2001, AND WISH THE TEAM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.

H. 4151 (Word version) -- Reps. J. M. Neal and Emory: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MAE "MISS MAE" W. CATOE OF LANCASTER COUNTY FOR OVER FORTY-SEVEN YEARS OF DEVOTED AND DISTINGUISHED SERVICE ON THE LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION AND TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO HER FOR HER LIFETIME OF CONTINUING COMMITMENT TO PUBLIC SERVICE.

H. 4161 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF CAPTAIN J. L. "HOSS" JOHNSON OF MURRELLS INLET THIS PAST SUMMER, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

At 1:15 p.m. the House, in accordance with the motion of Rep. HASKINS, adjourned in memory of E. Roy Stone of Greenville, to meet at 10:00 a.m. tomorrow.

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