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


Printed Page 1209 . . . . . Thursday, February 28, 2002

Thursday, February 28, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Dr. Whaley 'Bill' Barton, Jr. as follows:

Father, the Psalmist says, "The Lord is my light and my salvation: whom shall I fear?" Open our eyes that we might walk in Your light. Open our ears that we might hear the words of salvation. Warm our hearts that we might not fear. Forgive us, Lord when we step into the darkness and live like there is no tomorrow. Help us to live this day for You. Lord, bless our Speaker, the staff and each Representative as they serve our glorious State. For I pray in Your holy name. Amen.

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

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

MOTION ADOPTED

Rep. KEEGAN moved that when the House adjourns, it adjourn in memory of James Carl Arnold of Troy, which was agreed to.

RESIGNATION

The following was received:

February 28, 2002
The Honorable David H. Wilkins
Speaker
South Carolina House of Representatives
Post Office Box 11867
Columbia, SC 29211


Printed Page 1210 . . . . . Thursday, February 28, 2002

Dear Speaker Wilkins:

I hereby tender my resignation, effective midnight Saturday, March 2, 2002, from the South Carolina House of Representatives from District Number 5, Pickens County. It has been a humbling honor and exhilarating experience to serve the citizens of Pickens County and South Carolina in the General Assembly. Thank you and the Members of the General Assembly for the many courtesies you have extended me during my years of service. May God continue to shed His grace on the State of South Carolina and the United States of America.

Sincerely,
Alfred B. Robinson, Jr.

Received as information.

STATEMENT BY REP. W. D. SMITH

Rep. W. D. SMITH made a statement relative to Representative Al Robinson's service in the House of Representatives.

COMMITTEE APPOINTMENT
OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

The following was received:

February 28, 2002
The Honorable James G. McGee III
3306 Dogwood Chase Court
Florence, SC 29501

Dear Jim:

It is with pleasure that I appoint you to serve on the Ways and Means Committee, effective March 4, 2002. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.

I look forward to working with you in the coming year.

Sincerely,
David H. Wilkins
Speaker of the House

Received as information.


Printed Page 1211 . . . . . Thursday, February 28, 2002

COMMITTEE APPOINTMENT
OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

The following was received:

February 28, 2002
The Honorable Scott Talley
315 Londonberry Drive
Spartanburg, SC 29301

Dear Scott:

It is with pleasure that I appoint you to serve on the Judiciary Committee, effective March 4, 2002. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.

I look forward to working with you in the coming year.

Sincerely,
David H. Wilkins
Speaker of the House

Received as information.

CONCURRENT RESOLUTION

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

H. 4824 (Word version) -- Reps. Kirsh, Meacham-Richardson, Simrill, Moody-Lawrence, Delleney and McCraw: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS OVER THE PAST DECADE AND TO DECLARE MARCH 20, 2002, "YORK COUNTY DAY" IN SOUTH CAROLINA.

Whereas, the population of York County has grown over twenty-five percent during the past ten years to a current total of one hundred sixty-four thousand six hundred fourteen and is expected to grow by another seventeen percent by the year 2015; and


Printed Page 1212 . . . . . Thursday, February 28, 2002

Whereas, York County is ranked first in the State in the number of jobs announced during 2001, with three thousand eight hundred forty-four new jobs; and

Whereas, York County's total estimated assessed property valuation for 2000 exceeds $690,890,136; and

Whereas, a total of sixty-four companies, some nationally known, announced plans to locate or expand in York County in 2001, providing a capital investment of over $652,715,141; and

Whereas, York County, among other priorities recognizes the importance of transportation planning as it relates to economic development and quality of life concerns, as has been demonstrated by the adoption of a one cent sales tax that will generate ninety-nine million dollars for road improvements, the county's successful Infrastructure Bank board application that resulted in one hundred thirty million dollars for a critical regional connector, the business community's support of the Southern Metro Area Regional Transportation initiative, and a growing recognition of the importance of a regional mass transit system. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, recognizes York County for its many accomplishments over the past decade and declares March 20, 2002, "York County Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to each of the four chambers of commerce that make up the Council of Chambers of York County: the Clover Chamber of Commerce, the Greater York Chamber of Commerce, the Lake Wylie Chamber of Commerce, and the York County Regional Chamber of Commerce.

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


Printed Page 1213 . . . . . Thursday, February 28, 2002

INTRODUCTION OF BILLS

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

H. 4825 (Word version) -- Reps. Limehouse, Campsen, Chellis, Harrell, Hayes, Mack, Miller, Scarborough, Whatley and A. Young: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "IMPROVEMENTS" IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999 AND SECTION 6-1-920, RELATING TO THE DEFINITION OF "PUBLIC FACILITIES" IN THE SOUTH CAROLINA DEVELOPMENT IMPACT FEE ACT, SO AS TO INCLUDE PUBLIC EDUCATION FACILITIES FOR GRADES K-12.
Referred to Committee on Ways and Means

H. 4828 (Word version) -- Reps. Jennings, Bales, Hayes, Altman, Battle, J. Brown, R. Brown, Harvin, Kennedy, Miller, J. H. Neal, Rhoad, Snow, Stille, Weeks, Wilder and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO ENACT THE "MEDICARE PRESCRIPTION COST CONTAINMENT ACT" AND TO REQUIRE THE LOWEST POSSIBLE COST, INCLUDING REBATES, DISCOUNTS, AND PROMOTIONS, TO BE USED TO ESTABLISH PRESCRIPTION DRUG PRICES FOR MEDICARE RECIPIENTS WHO HAVE NO OTHER PRESCRIPTION DRUG COVERAGE AND TO REQUIRE DISPENSING FEES TO BE EQUAL TO THAT CHARGED FOR DISPENSING MEDICAID PRESCRIPTIONS.
Referred to Committee on Ways and Means

H. 4829 (Word version) -- Reps. Limehouse and Scarborough: A BILL TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL REGULATIONS ARE AMENDED TO INCREASE THE ESCAPE OPENINGS IN TURTLE EXCLUDER DEVICES TO A CERTAIN SIZE, EACH TRAWL NET USING A HARD TURTLE EXCLUDER DEVICE IN THE SALT WATERS OF THIS STATE MUST HAVE A TURTLE EXCLUDER DEVICE OPENING OF NOT LESS THAN THIRTY-FIVE INCHES IN TAUT HORIZONTAL LENGTH AND NOT LESS THAN TWENTY INCHES IN SIMULTANEOUS VERTICAL TAUT


Printed Page 1214 . . . . . Thursday, February 28, 2002

HEIGHT OR A FEDERALLY APPROVED LEATHERBACK OR DOUBLE COVER FLAP HARD TURTLE EXCLUDER DEVICE MODIFICATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4830 (Word version) -- Reps. Limehouse, Wilkins, A. Young, Owens, Law, Allison, Bales, Campsen, Cato, Chellis, Cotty, Emory, Fleming, Gilham, Harrell, Koon, Leach, Rice, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, G. M. Smith, Thompson and Vaughn: A BILL TO AMEND CHAPTER 48, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA'S "SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS", SO AS TO RENAME THIS SCHOOL THE "CARROLL A. CAMPBELL, JR., SCHOOL OF SCIENCE AND MATHEMATICS".
On motion of Rep. LIMEHOUSE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 4826 (Word version) -- Reps. Edge, Keegan, Kelley, Barfield and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH THE CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 4827 (Word version) -- Reps. Campsen and Kelley: A HOUSE RESOLUTION TO AMEND RULE 8.6 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO INVOKING THE PREVIOUS QUESTION, SO AS TO PROVIDE THAT AFTER THE PREVIOUS QUESTION HAS BEEN INVOKED ON A BILL OR RESOLUTION, THE PRIMARY SPONSOR OF AN AMENDMENT TO THE BILL OR RESOLUTION MAY WITHDRAW IT WITH


Printed Page 1215 . . . . . Thursday, February 28, 2002

UNANIMOUS CONSENT WITHOUT MAKING A MOTION TO TABLE IT.
The Resolution was ordered referred to the Committee on Rules.

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Hamilton               Harrell
Harrison               Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Lloyd                  Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
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

Printed Page 1216 . . . . . Thursday, February 28, 2002

Webb                   Weeks                  Whatley
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 28.

Jerry Govan                       Gloria Haskins
Todd Rutherford                   Richard Quinn
Bill Cotty                        William Clyburn
Marty Coates                      David Mack

Total Present--120

DOCTOR OF THE DAY

Announcement was made that Dr. William L. Brannon of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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


Printed Page 1217 . . . . . Thursday, February 28, 2002

CO-SPONSOR ADDED

Bill Number:   H. 4398 (Word version)
Date:   ADD:
02/28/02   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3049 (Word version)
Date:   ADD:
02/28/02   KNOTTS

CO-SPONSOR ADDED

Bill Number:   H. 3365 (Word version)
Date:   ADD:
02/28/02   KNOTTS

CO-SPONSOR ADDED

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/28/02   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3823 (Word version)
Date:   ADD:
02/28/02   CAMPSEN

CO-SPONSOR ADDED

Bill Number:   H. 4654 (Word version)
Date:   ADD:
02/28/02   CAMPSEN

CO-SPONSOR ADDED

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/28/02   BINGHAM

CO-SPONSOR ADDED

Bill Number:   H. 4769 (Word version)
Date:   ADD:
02/28/02   BINGHAM


Printed Page 1218 . . . . . Thursday, February 28, 2002

CO-SPONSOR REMOVED

Bill Number:   H. 4769 (Word version)
Date:   REMOVE:
02/28/02   WHATLEY

ORDERED TO THIRD READING

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

H. 4736 (Word version) -- Reps. Harvin and J. Young: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

S. 877 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

H. 4795 (Word version) -- Rep. Klauber: A BILL TO AMEND SECTION 35-1-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF VARIOUS SECURITIES REGISTRATIONS, SO AS TO PROVIDE THAT INVESTMENT ADVISERS, INVESTMENT ADVISER REPRESENTATIVES, AND FEDERAL COVERED ADVISERS ARE SUBJECT TO THE SAME REGISTRATION REQUIREMENTS AS BROKER-DEALERS AND BROKER-DEALER AGENTS; TO AMEND SECTION 35-1-480, AS AMENDED, RELATING TO VARIOUS SECURITIES FILING FEES, SO AS TO INCREASE THE FILING FEE FOR INVESTMENT ADVISERS AND FEDERAL COVERED


Printed Page 1219 . . . . . Thursday, February 28, 2002

ADVISERS FROM FOUR HUNDRED DOLLARS BIENNIALLY TO THREE HUNDRED DOLLARS ANNUALLY, AND TO INCREASE THE FILING FEE FOR INVESTMENT ADVISER REPRESENTATIVES FROM ONE HUNDRED DOLLARS BIENNIALLY TO ONE HUNDRED DOLLARS ANNUALLY.

Rep. KLAUBER explained the Bill.

S. 826 (Word version) -- Senators Martin and Elliott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, AS AMENDED, RELATING TO THE CREATION OF A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2003, BEFORE WHICH DATE IT MUST MAKE ITS REPORT.

Rep. MCGEE explained the Joint Resolution.

H. 4615 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO PROVIDE THAT THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE A DRIVER'S LICENSE SUSPENSION FOR REFUSAL TO SUBMIT TO A BREATH TEST OR REGISTERING AN ALCOHOL CONCENTRATION GREATER THAN THE EXISTING LAWFUL LIMIT IS FIFTY DOLLARS.

Rep. DELLENEY explained the Bill.

H. 4736--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARVIN, with unanimous consent, it was ordered that H. 4736 (Word version) be read the third time tomorrow.

S. 877--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARVIN, with unanimous consent, it was ordered that S. 877 (Word version) be read the third time tomorrow.


Printed Page 1220 . . . . . Thursday, February 28, 2002

H. 4795--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H. 4795 (Word version) be read the third time tomorrow.

H. 4615--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 4615 (Word version) be read the third time tomorrow.

ORDERED ENROLLED FOR RATIFICATION

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

S. 520 (Word version) -- Senator Patterson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

SENT TO THE SENATE

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

H. 4794 (Word version) -- Reps. Howard, J. E. Smith, J. H. Neal and Scott: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

H. 4804 (Word version) -- Reps. Harvin and J. Young: A JOINT RESOLUTION TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE; TO AUTHORIZE THE CLARENDON


Printed Page 1221 . . . . . Thursday, February 28, 2002

COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM; TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO ITS FISCAL EMERGENCY; AND TO EXEMPT THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT UNDER THE EDUCATION FINANCE ACT FOR FISCAL YEAR 2001-2002; AND TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2002-2003 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO FISCAL EMERGENCY, AND TO EXEMPT THE DISTRICT FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT AND THE EDUCATION FINANCE ACT.

H. 3957--DEBATE ADJOURNED

Rep. HAYES moved to adjourn debate upon the following Bill until Wednesday, March 6, which was adopted:

H. 3957 (Word version) -- Reps. J. E. Smith and Allison: A BILL TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.

H. 3145--DEBATE ADJOURNED

The following Bill was taken up:

H. 3145 (Word version) -- Reps. Lourie, J. E. Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks, McLeod, Allison, Koon, Frye, McGee, Martin, Hosey, Clyburn, Gilham, Altman, Meacham-Richardson, Kirsh, J. Hines, Mack, Miller,


Printed Page 1222 . . . . . Thursday, February 28, 2002

Cotty, Hamilton, Law, Hinson, Chellis, Harrison, Neilson, Weeks, Owens, Loftis and Bingham: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE STATE AND FEDERAL CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, TO PROVIDE PENALTIES, AND TO PROVIDE THAT STATE CHECKS ARE NOT REQUIRED FOR DIRECT CAREGIVERS EMPLOYED ON JULY 1, 2001, UNLESS THEY SUBSEQUENTLY ARE UNEMPLOYED FOR ONE YEAR OR LONGER.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\AMEND\11269AC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Chapter 7, Title 44 of the 1976 Code is amended by adding:

"Article 23
Criminal Record Checks
of Direct Care Staff

Section 44-7-2910.   (A)   No direct care entity may employ or contract with a direct caregiver until after the direct caregiver has undergone a state criminal history check. However, pending the results of the criminal history check, a person temporarily may be employed or contract as a direct caregiver with a direct care entity. A direct care entity must consider the information revealed by a criminal history check as a factor in evaluating a direct caregiver's application to be employed by or contract with the entity.

(B)   For purposes of this article:

(1)   'Direct care entity' means:

(a)   a nursing home, as defined in Section 44-7-130;

(b)   a daycare facility for adults, as defined in Section 44-7-130;

(c)   a home health agency, as defined in Section 44-69-20;

(d)   a community residential care facility, as defined in Section 44-7-130;


Printed Page 1223 . . . . . Thursday, February 28, 2002

(2)   'Direct caregiver' or 'caregiver' means:

(a)   a registered nurse, licensed practical nurse, or certified nurse assistant;

(b)   any other licensed professional employed by or contracting with a direct care entity who provides to patients or clients direct care or services and includes, but not limited to, a physical, speech, occupational, or respiratory care therapist; or

(c)   a person who is not licensed but provides physical assistance or care to a patient or client served by a direct care entity.

Section 44-7-2920.   To be employed by or to contract with a direct care entity as a direct caregiver, a person first shall undergo a state criminal record check to be conducted by the State Law Enforcement Division or by a private business, organization, or association which conducts background checks if that entity utilizes current criminal records obtained from the state law enforcement division to determine any state criminal history. pending the results of the criminal history check, a person temporarily may be employed or contract with a direct care entity. The results of the criminal history check are valid and are not required to be repeated as long as the person remains employed by or continues to contract with a direct care entity; however, if a person is not employed by or is not under contract for one year or longer with a direct care entity, the criminal history check must be repeated before resuming employment or contracting with a direct care entity.

Section 44-7-2930.   A direct care entity shall furnish copies of personnel records of current or former direct caregivers to another direct care entity requesting this information. Information contained in the records may include, but is not limited to, disciplinary matters and any reasons for termination. A direct care entity releasing these records pursuant to this section is presumed to be acting in good faith and is immune from civil and criminal liability which otherwise may result by reason of releasing this information."
SECTION   2.   Notwithstanding Article 23, Chapter 7, Title 44 of the 1976 Code, as added by Section 1 of this act, a person who is employed by or under contract with a direct care entity, as defined in Section 44-7-2910 of the 1976 Code, as added by Section 1 of this act, on July 1, 2002, as a direct caregiver, as defined in Section 44-7-2910, is not required to undergo a state criminal history check. However, after July 1, 2002, if a direct caregiver is not employed by or is not under contract with a direct care entity as a direct caregiver for one year or longer, the person must comply with all requirements of Article 23.


Printed Page 1224 . . . . . Thursday, February 28, 2002

SECTION   3.   This act takes effect July 1, 2002./
Renumber sections to conform.
Amend totals and title to conform.

Rep. BINGHAM explained the amendment.

Rep. BINGHAM moved to adjourn debate on the Bill until Tuesday, March 5, which was agreed to.

H. 3823--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3823 (Word version) -- Reps. Altman, Hinson and Campsen: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".

Rep. EASTERDAY explained the Bill.

Reps. MILLER, MOODY-LAWRENCE, HAYES, OTT, COBB-HUNTER, BALES, NEILSON, ALTMAN, EASTERDAY, LEE, MCGEE, CLYBURN, BREELAND and HARRISON requested debate on the Bill.

H. 3328--POINT OF ORDER

The following Bill was taken up:

H. 3328 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY WHICH HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, MAY REQUEST ASSISTANCE


Printed Page 1225 . . . . . Thursday, February 28, 2002

FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE UNDER CERTAIN CIRCUMSTANCES.

Rep. MCGEE explained the Bill.

POINT OF ORDER

Rep. MCGEE 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.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 4421 (Word version) -- Reps. Townsend, Walker and Littlejohn: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF A SCHOOL DISTRICT AS UNSATISFACTORY PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS ARBITER OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A


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DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4831 (Word version) -- Reps. Chellis, A. Young and Owens: A HOUSE RESOLUTION TO COMMEND THE SUMMERVILLE GIRLS CROSS COUNTRY TEAM FOR THEIR EXCELLENT SEASON OF COMPETITION AND TO CONGRATULATE THE TEAM ON WINNING THE 2001 GIRLS CROSS COUNTRY STATE CHAMPIONSHIP.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4832 (Word version) -- Reps. Carnell, Klauber, Parks and Stille: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY FOR THE LOSS OF GODFREY'S MARKET IN HODGES, A HISTORIC LANDMARK AND TREASURED LOCAL ESTABLISHMENT, AND TO EXTEND TO THE COBB-DEPASS FAMILY, THE GODFREY FAMILY, AND TO THE TOWN OF HODGES THEIR SINCERE REGRETS ON THIS TRAGIC OCCASION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4833 (Word version) -- Rep. Tripp: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT SPANS THE SALUDA RIVER ALONG HOLIDAY DAM ROAD IN GREENVILLE COUNTY, THE "CHARLES HOLIDAY BRIDGE" IN HONOR OF MR. CHARLES H. HOLIDAY, A DISTINGUISHED CITIZEN OF GREENVILLE


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COUNTY, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4834 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A JOINT RESOLUTION TO CREATE A FARMERS MARKET RELOCATION OVERSIGHT COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY CONCERNING THE SITE SELECTION FOR AND FUNDING, PLANNING, AND CONSTRUCTION OF A NEW COLUMBIA STATE FARMERS MARKET FACILITY; TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE; AND TO REQUIRE THE COMMITTEE TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AT WHICH TIME THE COMMITTEE IS ABOLISHED.
Referred to Committee on Ways and Means

H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED


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UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT).
Referred to Committee on Ways and Means

H. 4836 (Word version) -- Reps. Cotty, Carnell, Allison, W. D. Smith, Snow, Howard, Breeland, G. Brown, Cato, Kelley, Altman, Barfield, Bingham, Campsen, Chellis, Dantzler, Davenport, Edge, Freeman, Gilham, Gourdine, Govan, Hosey, Huggins, Keegan, Kennedy, Lee, Limehouse, Lloyd, Mack, Merrill, Rice, Rodgers, Sandifer, Scarborough, Sharpe, J. R. Smith, Stille, Talley, Tripp, Trotter, Webb, White, Witherspoon, J. Young and Cooper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Referred to Committee on Judiciary

HOUSE RESOLUTION

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

H. 4837 (Word version) -- Rep. Hayes: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO MRS. FLORINETTE FORD RENFROW OF LAKE VIEW ON THURSDAY, MARCH 21, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO COMMEND AND CONGRATULATE HER FOR BEING NAMED THE 2002 SOUTH CAROLINA MOTHER OF THE YEAR.

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, extend the privilege of the floor to Mrs. Florinette Ford Renfrow of Lake View on Thursday, March 21, 2002, at a time to be


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determined by the Speaker, to commend and congratulate her for being named the 2002 South Carolina Mother of the Year.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4838 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO CONGRATULATE JAN VOGELSANG OF GREENVILLE FOR THE TREMENDOUS LEADERSHIP SHE HAS PROVIDED AS PRESIDENT OF THE SOUTH CAROLINA CHAPTER OF THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.

The Resolution was adopted.

ORDERED TO THIRD READING

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

H. 4629 (Word version) -- Reps. Harrison, McGee, Lucas and McLeod: A BILL TO AMEND SECTIONS 44-53-190, 44-53-370, AND 44-53-520, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO CONTROLLED SUBSTANCES, CRIMINAL OFFENSES RELATING TO CONTROLLED SUBSTANCES, AND PENALTIES AND FORFEITURE FOR VIOLATIONS, SO AS TO INCLUDE 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA), ALSO KNOWN AS "ECSTASY", AS A SCHEDULE I CONTROLLED SUBSTANCE,TO PROVIDE PENALTIES FOR ILLEGALLY POSSESSING OR TRAFFICKING IN THE DRUG, AND TO PROVIDE THAT CONVEYANCES USED IN TRANSPORTING THIS DRUG ARE SUBJECT TO FORFEITURE.

Rep. HARRISON explained the Bill.

S. 965 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE


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COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90, TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.

Rep. CATO explained the Bill.

H. 4629--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4629 (Word version) be read the third time tomorrow.


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S. 965--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that S. 965 (Word version) be read the third time tomorrow.

H. 4728--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4728 (Word version) -- Reps. Owens, Knotts, Whatley, G. M. Smith, W. D. Smith, Allison, Bales, Barfield, Barrett, Coates, Coleman, Delleney, Frye, Gilham, Harrison, Huggins, Kelley, Koon, Limehouse, Littlejohn, Lourie, Lucas, Martin, McGee, Quinn, McLeod, Rivers, Robinson, Rutherford, Sandifer, Scarborough, Sinclair, D. C. Smith, J. E. Smith, J. R. Smith, Talley, Thompson, Walker, Weeks, White and A. Young: A BILL TO AMEND SECTION 24-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, AND THE PENALTIES IMPOSED UPON A PERSON WHO VIOLATES THE PROVISIONS CONTAINED IN THIS SECTION, SO AS TO PROVIDE THAT IN ADDITION TO AN INMATE, THIS PROVISION ALSO APPLIES TO A DETAINEE, A PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST WHO THROWS CERTAIN BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY, OR A STATE OR LOCAL LAW ENFORCEMENT OFFICER.

Rep. DELLENEY explained the Bill.

Rep. EASTERDAY proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5169CM02), which was adopted:
Amend the bill, as and if amended, Section 24-13-470, as contained in SECTION 1, page 1, by inserting before / is / on line 35:
/ , a visitor of a correctional facility, or any other person authorized to be present in an official capacity /
Renumber sections to conform.
Amend title to conform.


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

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

H. 4728--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. OWENS, with unanimous consent, it was ordered that H. 4728 (Word version) be read the third time tomorrow.

H. 4654--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4654 (Word version) -- Reps. Delleney, G. M. Smith, Simrill, Easterday, Kirsh, Lucas, McCraw, Meacham-Richardson, Wilkins and Campsen: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-70 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO COMPILE AND PUBLISH ANNUAL STATISTICS ON LOTTERY RELATED CRIMES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5129DJC02), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, line 21, by striking SECTION 1 in its entirety and inserting:
/ SECTION   1.   Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-70.   The division must compile annual statistics on lottery related crimes. When compiled the annual statistics on lottery related crimes must be published or made readily available to the general public by January fifteenth each year." /
Renumber sections to conform.
Amend title to conform.


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

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

H. 4654--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 4654 (Word version) be read the third time tomorrow.

S. 987--POINT OF ORDER

The following Bill was taken up:

S. 987 (Word version) -- Senator Reese: A BILL TO AUTHORIZE THE COMMISSION OF PUBLIC WORKS FOR THE CITY OF SPARTANBURG TO ESTABLISH A SAFETY AND SECURITY DEPARTMENT AND EMPLOY LAKE WARDENS WHO MUST BE COMMISSIONED AS CONSTABLES; TO ESTABLISH THE QUALIFICATIONS FOR EMPLOYMENT AS A LAKE WARDEN; TO PROVIDE FOR THE POWERS, DUTIES, AND JURISDICTION OF LAKE WARDENS; TO REQUIRE THE POSTING OF A BOND AS A PREREQUISITE TO EMPLOYMENT; TO EXEMPT LAKE WARDENS FROM CERTAIN REPORTING REQUIREMENTS OF CONSTABLES; TO AUTHORIZE THE USE OF EMERGENCY VEHICLES BY LAKE WARDENS; AND TO PROVIDE PENALTIES FOR FALSELY REPRESENTING OR CONDUCTING ONESELF AS A LAKE WARDEN.

POINT OF ORDER

Rep. WALKER 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. 4598--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4598 (Word version) -- Reps. Campsen, Lourie and Scott: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH


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CAROLINA, 1976, RELATING TO THE UNIFORM PRUDENT INVESTOR ACT, SO AS TO PROVIDE THAT INVESTMENTS IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS ARE ALLOWED BY THE PRUDENT INVESTOR RULE IF THE INVESTMENTS MEET THE CRITERIA OF THE RULE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11312AC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __.   Section 62-7-405(3) of the 1976 Code, as amended by Act 80 of 2001, is further amended to read:

"(3)   shall distribute to a beneficiary who receives a pecuniary amount outright the rate of interest or other amount provided by the will, or the terms of the trust, or applicable law from net income as determined by item (2) or from principal to the extent that net income is insufficient. If the will or the terms of the trust provide no interest amount, the beneficiary of a pecuniary amount outright shall receive no interest or other income on the bequest for one year after the first appointment of a personal representative. beginning one year after the first appointment of a personal representative, and notwithstanding any other provision of law to the contrary, the beneficiary of a pecuniary amount outright must be treated as any other beneficiary under item (4). If a beneficiary is to receive a pecuniary amount outright from a trust after an income interest ends and no interest or other amount is provided for by the terms of the trust or applicable law, the fiduciary shall distribute the interest or other amount to which the beneficiary would be entitled under applicable law if the pecuniary amount treat the pecuniary amount as if it were required to be paid under a will and as if the payment were being made beginning one year after the first appointment of a personal representative;" /
Renumber sections to conform.
Amend totals and title to conform.

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

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


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H. 4598--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that H. 4598 (Word version) be read the third time tomorrow.

STATEMENT BY REP. CARNELL

Rep. CARNELL made a statement relative to the Statehouse Committee meeting regarding security.

OBJECTION TO RECALL

Rep. ALTMAN asked unanimous consent to recall H. 4821 (Word version) from the Committee on Education and Public Works.
Rep. MCLEOD objected.

H. 3403--DEBATE ADJOURNED

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

H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.

Rep. HARRISON moved to adjourn debate upon the Senate Amendments until Tuesday, March 5, which was agreed to.

H. 4539--POINT OF ORDER

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

H. 4539 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A CONCURRENT RESOLUTION HONORING AMERICA'S LEADERS FOR THEIR EFFORTS IN THE WAR AGAINST TERRORISM.

POINT OF ORDER

Rep. HARRISON made the Point of Order that the Senate Amendments were improperly before the House for consideration since


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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.

SENT TO THE SENATE

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

H. 4476 (Word version) -- Reps. Harrison, Wilkins, Campsen, Lucas, McLeod and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO GAMBLE MONEY, PROPERTY, OR ANYTHING OF VALUE UPON CERTAIN CONTESTS, GAMES, OR FUTURE EVENTS IN THIS STATE OR AT ANY LOCATION WITHIN THE JURISDICTION OF THIS STATE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON KNOWINGLY TO OWN, KEEP, OPERATE, MANAGE, OR MAINTAIN A DEVICE OR LOCATION THAT IS USED FOR UNLAWFUL GAMBLING AS PROHIBITED ABOVE, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION, AND TO PROVIDE EXCEPTIONS.

H. 4419 (Word version) -- Reps. Townsend, Walker, Littlejohn, Whipper and Gilham: A BILL TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION MUST KEEP A RECORD OF THE TRUSTEES WHO SUCCESSFULLY COMPLETE THE ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE AND TO FURTHER PROVIDE THAT A TRUSTEE OR COUNTY BOARD MEMBER WHO FAILS TO SUCCESSFULLY COMPLETE THE ORIENTATION IS SUBJECT TO SUSPENSION FROM OFFICE BY THE STATE DEPARTMENT OF EDUCATION OR REMOVAL FROM OFFICE PURSUANT TO SECTION 59-19-60.

H. 4405 (Word version) -- Rep. Harrison: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC OR PRIVATE SCHOOL IN RICHLAND COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A


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MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

H. 4416 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J. R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Jennings, Meacham-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D. C. Smith, Sinclair, J. Young, Owens, White, Martin, Trotter, Harrell, Quinn, Huggins, Battle, Miller, Delleney, Harvin, Barrett, Emory, Knotts, Riser and Bales: A BILL TO ENACT THE SOUTH CAROLINA "OMNIBUS TERRORISM PROTECTION AND HOMELAND DEFENSE ACT OF 2002" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PROVIDE MATERIALS OR RESOURCES IN SUPPORT OF TERRORIST, TERRORIST ORGANIZATIONS, OR INTERNATIONAL TERRORISM, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD VIOLATION OF ANTI-TERRORISM LAWS TO THE LIST OF STATUTORY AGGRAVATING CIRCUMSTANCES; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO PROVIDE THAT INTRODUCING A COMPUTER VIRUS, COMPUTER WORM, OR ANY OTHER DAMAGING PROGRAM INTO A COMPUTER SYSTEM IS A COMPUTER CRIME; TO AMEND SECTION 16-23-750, RELATING TO COMMUNICATING THREATS RELATING TO USE OF EXPLOSIVE, INCENDIARY, OR DESTRUCTIVE DEVICES, SO AS TO PROVIDE THAT IN ADDITION TO THE


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PENALTIES FOR A VIOLATION OF THIS SECTION, THE PRESIDING JUDGE SHALL ORDER THE OFFENDER TO MAKE FULL RESTITUTION FOR THE COST OF RESPONDING TO OR DEALING WITH THE THREAT OR FALSELY CONVEYED INFORMATION REGARDING THE THREATENED USE OF SUCH DEVICES AND TO PROVIDE FOR THE ELEMENTS OF THIS RESTITUTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-780 SO AS TO PROVIDE FOR ALTERNATIVE MAXIMUM IMPRISONMENT FOR CERTAIN OFFENSES INVOLVING THE USE OF ANTHRAX OR A BIOLOGICAL ORGANISM SO AS TO CAUSE DEATH OR INJURY IN HUMANS, ANIMALS, OR PLANTS; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-790 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY INFECT, HARM, OR DESTROY A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH BY MEANS OF THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR WEAPON OF MASS DESTRUCTION, OR BY THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR AGENT OR SUBSTANCE, WITH THE INTENT OF CAUSING ECONOMIC OR PHYSICAL HARM TO A PERSON, A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH, OR TO ANY OTHER REAL OR PERSONAL PROPERTY, OR THE ENVIRONMENT, AND TO PROVIDE FOR PENALTIES AND RESTITUTION FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING ARTICLE 9 SO AS TO PROVIDE THAT, EXCEPT AS EXPRESSLY AUTHORIZED AND PERMITTED BY FEDERAL LAW, IT IS UNLAWFUL FOR A PERSON TO MANUFACTURE, ASSEMBLE, POSSESS, STORE, TRANSPORT, SELL, PURCHASE, DELIVER, OR ACQUIRE NUCLEAR, BIOLOGICAL, OR CHEMICAL WEAPONS OF MASS DESTRUCTION, OR BIOLOGICAL AGENTS OR TOXINS, OR TO USE, THREATEN TO USE, OR ATTEMPT TO USE THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY MAKE A FALSE

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REPORT CONCERNING THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PERPETRATE A HOAX BY THE USE OF AN ARTIFACT, REPLICA, OR FALSE REPLICA OF THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT THE UNLAWFUL KILLING OF A PERSON BY MEANS OF THESE WEAPONS, AGENTS, OR TOXINS IS MURDER; TO REQUIRE PERSONS WHO KNOWINGLY OR INTENTIONALLY COMMIT ANY OFFENSE INVOLVING THESE WEAPONS, AGENTS, OR TOXINS BE PROSECUTED AND SENTENCED IN ACCORDANCE WITH THIS ARTICLE, AND TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE; TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICERS TO MAKE CERTAIN REPORTS TO THE STATE LAW ENFORCEMENT DIVISION AND PUBLIC HEALTH OFFICIALS RELATING TO BIOLOGICAL AGENTS, TOXINS, AND DELIVERY SYSTEMS AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; BY ADDING SECTION 12-6-3545 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER, FIREFIGHTER, OR EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE A CREDIT AGAINST THE STATE INCOME TAX IN CONNECTION WITH DUTY IN RESPONDING TO A TERRORIST ACT AND TO PROVIDE THE AMOUNT OF THE CREDIT AND ITS ELIGIBILITY REQUIREMENTS; TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION FOR MEMBERS OF A STATE NATIONAL GUARD UNIT FEDERALIZED OR A RESERVIST CALLED TO ACTIVE DUTY FOR PARTICIPATION IN "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR BOTH; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, RELATING TO THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY ADDING SECTION 39-5-145 SO AS TO PROHIBIT THE RENTAL AND SALE OF ESSENTIAL COMMODITIES AND RENTAL AND LEASE OF DWELLING UNITS, INCLUDING MOTEL OR HOTEL UNITS OR OTHER TEMPORARY LODGING, OR SELF-STORAGE FACILITIES AT AN UNCONSCIONABLE PRICE DURING AND WITHIN THE AREA OF A DECLARED STATE OF EMERGENCY OR DISASTER, TO DEFINE "COMMODITY" AND "UNCONSCIONABLE PRICE", TO ESTABLISH EVIDENTIARY

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STANDARDS FOR ACTIONS BROUGHT PURSUANT TO THESE PROVISIONS OR LOCAL ORDINANCES, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 39-5-147 SO AS TO PROHIBIT THE USE OF A MISLEADING PRACTICE OR DEVICE FOR THE SOLICITATION OF CONTRIBUTIONS OR THE SALE OF GOODS OR SERVICES FOR CHARITABLE PURPOSES IN CONNECTION WITH A DECLARED STATE OF EMERGENCY OR DISASTER, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; AND TO AMEND SECTIONS 16-7-10, RELATING TO ILLEGAL ACTS DURING A STATE OF EMERGENCY, AND 33-56-120, AS AMENDED, RELATING TO PROHIBITION OF MISREPRESENTATIONS IN CHARITABLE SOLICITATIONS, BOTH SO AS TO CONFORM THEM TO THESE PROVISIONS AND MAKE THE PENALTIES FOR VIOLATIONS CUMULATIVE AND ADDITIONAL; BY ADDING SECTION 8-1-200 SO AS TO PROVIDE FOR LEAVES OF ABSENCE FOR PUBLIC OFFICERS AND EMPLOYEES TRAINED BY THE AMERICAN RED CROSS FOR DISASTER RESPONSE OR EMERGENCY AND TO AUTHORIZE CERTAIN STATE OFFICERS AND EMPLOYEES TO PARTICIPATE IN AMERICAN RED CROSS DISASTER RESPONSE OR EMERGENCY RELIEF AT DISASTER OR EMERGENCY SITES WITHIN, OR OUTSIDE THE STATE; TO AMEND SECTION 51-3-60, RELATING TO FREE ADMISSION TO STATE PARKS AND REDUCED RATES FOR USE OF PARK CAMPSITES, SO AS TO EXTEND THESE PRIVILEGES TO POLICE, FIREFIGHTERS, AND EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS; BY ADDING SECTION 59-149-25 SO AS TO PROVIDE THAT IN-STATE RESIDENTS ARE ELIGIBLE FOR LIFE SCHOLARSHIPS WITHOUT THE NECESSITY OF MEETING ANY ACADEMIC QUALIFICATIONS EXCEPT FOR THE NECESSITY OF BEING ACCEPTED UNDER

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APPLICABLE ADMISSION REQUIREMENTS OF THE STATE INSTITUTION THEY ARE TO ATTEND IF ONE OF THEIR PARENTS OR LEGAL GUARDIANS DIED AS A RESULT OF THE TERRORIST ATTACKS ON SEPTEMBER 11, 2001, AND TO PROVIDE THE REQUIREMENTS AND PROCEDURES TO QUALIFY FOR THESE SCHOLARSHIPS; BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE TO THE VICTIMS OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS AND TO THE COURAGEOUS ACTIONS OF ALL LAW ENFORCEMENT OFFICERS AND RESCUE WORKERS; TO AMEND SECTION 59-1-443, RELATING TO SCHOOLS PROVIDING A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY, SO AS TO PROVIDE THAT SCHOOLS INSTEAD SHALL PROVIDE FOR A DAILY OBSERVANCE OF ONE MINUTE OF VOLUNTARY SILENT PRAYER, MEDITATION, OR OTHER SILENT ACTIVITY; BY ADDING SECTION 59-1-460 SO AS TO REQUIRE PRINCIPALS AND TEACHERS IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS TO DISPLAY THE MOTTO OF THE UNITED STATES OF AMERICA IN EACH CLASSROOM, SCHOOL AUDITORIUM, AND CAFETERIA.

H. 3481--SENT TO THE SENATE

The following Bill was taken up:

H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.


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Rep. FLEMING moved to adjourn debate on the Bill until Saturday, June 1.

Rep. RISER moved to table the motion, which was agreed to.

Rep. FLEMING moved to continue the Bill.

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

Yeas 5; Nays 80

Those who voted in the affirmative are:

Cooper                 Davenport              Fleming
Koon                   Loftis

Total--5

Those who voted in the negative are:

Allison                Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Carnell
Cato                   Clyburn                Coates
Cobb-Hunter            Cotty                  Dantzler
Delleney               Edge                   Freeman
Gilham                 Govan                  Harrell
Harvin                 Hayes                  Hines, M.
Hinson                 Jennings               Keegan
Kelley                 Kennedy                Law
Leach                  Limehouse              Littlejohn
Lourie                 Lucas                  McCraw
McGee                  Meacham-Richardson     Merrill
Miller                 Neal, J.M.             Neilson
Ott                    Parks                  Perry
Phillips               Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Talley                 Taylor
Thompson               Tripp                  Trotter

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Vaughn                 Walker                 Webb
Weeks                  Whatley                Whipper
White                  Wilder                 Wilkins
Young, A.              Young, J.

Total--80

So, the House refused to continue the Bill.

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

Rep. COOPER 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. 4522 (Word version) -- Reps. Ott, Sharpe and Witherspoon: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO REQUIRE THE UNITED STATES FISH AND WILDLIFE SERVICE PROVIDE THE STATE OF SOUTH CAROLINA AND THE ATLANTIC FLYWAY STATES WITH THE SAME WATERFOWL SEASON FRAMEWORK AFFORDED THE SIX STATES IN THE LOWER MISSISSIPPI FLYWAY, AND TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR AGGRESSIVELY PURSUING THE REGULATORY OPTIONS NECESSARY TO PROVIDE HUNTERS IN SOUTH CAROLINA WITH THE SAME WATERFOWL HUNTING OPPORTUNITIES AFFORDED TO HUNTERS IN OTHER STATES.

H. 4806 (Word version) -- Reps. Rice, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks,


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Perry, Phillips, Quinn, Rhoad, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO REPRESENTATIVE ALFRED B. "AL" ROBINSON, JR., FOR HIS UNMATCHED DEDICATION AND DILIGENCE IN PURSUIT OF FAIRNESS AND ACCOUNTABILITY FOR THE CITIZENS OF PICKENS COUNTY AND THE STATE OF SOUTH CAROLINA THROUGH HIS TIRELESS LEGISLATIVE EFFORTS ON THEIR BEHALF.

H. 4809 (Word version) -- Reps. Govan, Ott, Cobb-Hunter, Rhoad, Sharpe, Stuart, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF JAMES ELMORE, SR., OF ORANGEBURG COUNTY AND TO CELEBRATE HIS VARIED CONTRIBUTIONS TO THIS STATE.

H. 4810 (Word version) -- Reps. Townsend, Cooper, Martin, Stille, Thompson and White: A CONCURRENT RESOLUTION TO THANK DR. LEE ROYCE FOR HIS LEADERSHIP IN, AND CONTRIBUTIONS TO,


Printed Page 1245 . . . . . Thursday, February 28, 2002

HIGHER EDUCATION IN SOUTH CAROLINA AS PRESIDENT OF ANDERSON COLLEGE, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS NEW POSITION AS PRESIDENT OF MISSISSIPPI COLLEGE.

H. 4824 (Word version) -- Reps. Kirsh, Meacham-Richardson, Simrill, Moody-Lawrence, Delleney and McCraw: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS OVER THE PAST DECADE AND TO DECLARE MARCH 20, 2002, "YORK COUNTY DAY" IN SOUTH CAROLINA.

H. 4832 (Word version) -- Reps. Carnell, Klauber, Parks and Stille: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY FOR THE LOSS OF GODFREY'S MARKET IN HODGES, A HISTORIC LANDMARK AND TREASURED LOCAL ESTABLISHMENT, AND TO EXTEND TO THE COBB-DEPASS FAMILY, THE GODFREY FAMILY, AND TO THE TOWN OF HODGES THEIR SINCERE REGRETS ON THIS TRAGIC OCCASION.

ADJOURNMENT

At 11:50 a.m. the House, in accordance with the motion of Rep. KEEGAN, adjourned in memory of James Carl Arnold of Troy, to meet at 10:00 a.m. tomorrow.

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