South Carolina House Journal - March 5, 2002 - South Carolina Legislature Online

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

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Tuesday, March 5, 2002
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:

O Lord, almighty and everlasting God, You have brought us in safety to this new day. Direct us to the fulfilling of Your purpose. We pray this day for our public servants, for the government and those who protect us, that they may be upheld and strengthened in every good deed; and for those who work to bring peace, justice, health, and protection in this and every place; and for those who mourn, especially the families of American soldiers who died in Afghanistan to win the fight against terrorism, that they may have the consolation of Your love. Hasten the time, O Father, when all people shall dwell together in peace and unity, and in obedience to Your perfect law of love. Amen.

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

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

MOTION ADOPTED

Rep. HUGGINS moved that when the House adjourns, it adjourn in memory of Ruby Tinsley Ewing of Chapin, which was agreed to.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2663
Agency: Public Service Commission
Statutory Authority: 1976 Code Sections 58-3-140 and 58-5-210
Bonds for Water and Wastewater Utilities
Received by Speaker of the House of Representatives
March 5, 2002

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Referred to Ways and Means Committee
Legislative Review Expiration July 3, 2002 (subject to sine die revision)

Document No. 2711
Agency: Department of Social Services
Statutory Authority: 1976 Code Sections 20-7-2250 and 43-1-80
Foster Care
Received by Speaker of the House of Representatives
March 5, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration July 3, 2002 (subject to sine die revision)

REPORTS OF STANDING COMMITTEE

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

H. 4383 (Word version) -- Reps. Limehouse, Altman, Campsen, Chellis, Harvin, J. R. Smith, Snow, Whatley, Taylor, Rodgers and Barfield: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 62 SO AS TO PROVIDE FOR THE ISSUANCE OF ARTIFICIAL REEF SPECIAL LICENSE PLATES AND TO PROVIDE THAT THE PROCEEDS OBTAINED FROM THE ISSUANCE OF THE LICENSE PLATES WOULD BE USED BY THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND MAINTAIN ARTIFICIAL REEFS ALONG THE STATE'S COASTLINE.
Ordered for consideration tomorrow.

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

H. 4412 (Word version) -- Reps. Scarborough, Altman and Coates: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 94, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL MORRIS ISLAND LIGHTHOUSE LICENSE PLATE.
Ordered for consideration tomorrow.

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

H. 4432 (Word version) -- Reps. Owens, A. Young, Altman, Meacham-Richardson and Coates: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 95 SO AS TO PROVIDE FOR THE ISSUANCE OF "GOD BLESS AMERICA" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
Ordered for consideration tomorrow.

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

H. 4519 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES THE DEPARTMENT MAY ISSUE A SPECIAL LICENSE PLATE WHICH HAS IMPRINTED ON IT THE EMBLEM, SEAL, OR ANOTHER SYMBOL OF AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(8) OF THE FEDERAL INTERNAL REVENUE CODE.
Ordered for consideration tomorrow.

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

S. 597 (Word version) -- Senators Wilson, Grooms and Branton: A BILL TO AMEND SECTION 56-3-8000 OF THE 1976 CODE TO PROVIDE THAT PRIVATE-PASSENGER MOTOR VEHICLES OR LIGHT PICKUPS HAVING AN EMPTY WEIGHT OF SEVEN THOUSAND POUNDS OR LESS MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION AND AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION UNDER SECTION 501 (C)(8) OF THE FEDERAL INTERNAL REVENUE CODE MAY

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OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION.
Ordered for consideration tomorrow.

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

H. 4607 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-3-8200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ASSESS AN OPTIONAL ADDITIONAL FORTY DOLLAR FEE FOR THIS LICENSE PLATE, AND TO PROVIDE FOR THE DISTRIBUTION OF THIS OPTIONAL FEE.
Ordered for consideration tomorrow.

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

H. 4680 (Word version) -- Reps. Talley and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SOUTH CAROLINA TECHNOLOGY ALLIANCE SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
Ordered for consideration tomorrow.

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

S. 504 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT AN APPLICATION FOR THE SPECIAL LICENSE PLATE MUST INCLUDE A COPY OF THE APPLICANT'S MILITARY

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IDENTIFICATION CARD OR OTHER EVIDENCE THAT SHOWS THE APPLICANT IS EITHER A RETIRED OR ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD OR SOUTH CAROLINA STATE GUARD.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4839 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO COMMEND MRS. FLORINETTE FORD RENFROW OF LAKE VIEW FOR HER DEDICATION TO HER FAMILY AND FAMILY VALUES EXHIBITED OVER MANY YEARS WHILE RAISING A CHRISTIAN FAMILY OF ELEVEN OUTSTANDING AND ACCOMPLISHED CHILDREN, AND TO CONGRATULATE HER FOR BEING NAMED THE 2002 SOUTH CAROLINA MOTHER OF THE YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4840 (Word version) -- Reps. Harvin, J. Young, Bales, Clyburn, M. Hines, Hosey, Keegan, Kennedy, Miller, Snow and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE REPUBLIC OF CHINA (TAIWAN) SHOULD BE PERMITTED TO PARTICIPATE IN A MEANINGFUL AND APPROPRIATE WAY IN THE WORLD HEALTH ORGANIZATION.

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

HOUSE RESOLUTION

The following was introduced:

H. 4841 (Word version) -- Reps. J. E. Smith and Rutherford: A HOUSE RESOLUTION TO SINCERELY THANK DR. SHARON RISINGER

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FOR HER MANY YEARS OF DEDICATED LEADERSHIP AND SERVICE AS A PHYSICIAN AND EDUCATOR AND TO COMMEND HER FOR ALL HER EFFORTS TO IMPROVE PRIMARY AND COMMUNITY HEALTH CARE IN SOUTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4842 (Word version) -- Reps. Cooper and Townsend: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT NO FURTHER SECURITY ARRANGEMENTS ARE NECESSARY FOR THE STATE CAPITOL COMPLEX, AS A RESULT OF THE TERRIBLE EVENTS OF SEPTEMBER 11, 2001, UNLESS CIRCUMSTANCES CHANGE, AND TO REQUEST THE OFFICE OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD AND THE CITY OF COLUMBIA TO TAKE CERTAIN ACTIONS TO RESTORE PREVIOUS PROCEDURES OR SECURITY MEASURES IN EFFECT BEFORE SEPTEMBER 11, 2001.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1036 (Word version) -- Senators Courson, Alexander and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 14 AND FRIDAY, NOVEMBER 15, 2002, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 13, 2002, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.

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Whereas, the South Carolina Student Legislature encourages the youth of our State to develop enthusiasm and appreciation for governmental and community issues; and

Whereas, the South Carolina Student Legislature has produced many of the great leaders throughout our State and nation. Now, therefore,

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

That the South Carolina Student Legislature is allowed the use of the House and Senate Chambers on Thursday, November 14 and Friday, November 15, 2002, and the Blatt Office Building on Wednesday, November 13, 2002, during normal business hours (8:30 a.m. to 5:00 p.m.). If the General Assembly is in Statewide Session on any of these days, the Senate and House Chambers and the Blatt Building may not be used.

Be it further resolved that the South Carolina Student Legislature shall be granted access to and use of the respective chambers in accordance with such guidelines and requirements as the Clerks of the House and Senate shall direct.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Student Legislature.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1080 (Word version) -- Senators Hayes, Peeler, Short and Gregory: 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

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sixty-four thousand six hundred fourteen and is expected to grow by another seventeen percent by the year 2015; and

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 Senate, the House of Representatives 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 returned to the Senate with concurrence.

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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1081 (Word version) -- Senators Leventis, Giese and Verdin: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE REPUBLIC OF CHINA (TAIWAN) SHOULD BE PERMITTED TO PARTICIPATE IN A MEANINGFUL AND APPROPRIATE WAY IN THE WORLD HEALTH ORGANIZATION.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1082 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MARCH 17-23, 2002, AS "TRANSPORTATION WEEK" IN SOUTH CAROLINA TO RECOGNIZE THE CRITICAL ROLE TRANSPORTATION PLAYS IN OUR DAILY LIVES.

Whereas, the economic well-being of this State and of our nation is dependent upon a sound transportation system; and

Whereas, high quality, safe, and reliable transportation systems enhance the quality of life of the citizens of South Carolina and the nation by increasing mobility and convenience; and

Whereas, South Carolina's transportation industry is committed to meeting the needs of every farm, home, and business in the Palmetto State by working together to ensure sound, safe, and accessible transportation systems; and

Whereas, meeting the business challenges of this new century depends upon specialized, flexible, affordable, and efficient transportation services; and

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Whereas, the transportation industry contributes to the military security of our nation through its ability to rapidly transport soldiers and supplies during periods of conflict; and

Whereas, the 2002 observance of "Transportation Week" provides a unique opportunity for the transportation community to join together to educate the general public as users of the system, while creating greater awareness of the importance of transportation; and

Whereas, the South Carolina Transportation Policy and Research Council and many other entities have been an advocate for a sound transportation policy in the Palmetto State, and the General Assembly encourages all such groups to continue their strong support of this important industry. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates the week of March 17-23, 2002, as "Transportation Week" in South Carolina and recognizes the important role transportation plays in our daily lives.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4843 (Word version) -- Reps. Knotts, 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, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford,

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Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THOMAS F. RICHEY, SR., OF IRMO FOR HIS LIFETIME OF DEDICATED SERVICE TO THE AMERICAN LEGION AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4844 (Word version) -- Reps. Davenport, Walker and Allison: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT THE TOWN OF INMAN'S TOWN LIMITS AT ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAY 292 THAT CONTAIN THE WORDS "INMAN, SOUTH CAROLINA HOME OF JENNA RANEY MISS SOUTH CAROLINA 2001".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 4845 (Word version) -- Reps. Chellis, A. Young and Owens: A HOUSE RESOLUTION TO COMMEND THE LADY "WAVE" SWIM TEAM OF SUMMERVILLE HIGH SCHOOL FOR ANOTHER TERRIFIC SEASON OF COMPETITION AND CONGRATULATE THE TEAM ON WINNING THEIR SECOND CONSECUTIVE AAAA STATE CHAMPIONSHIP.

The Resolution was adopted.

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HOUSE RESOLUTION

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

H. 4846 (Word version) -- Reps. Chellis, Owens and A. Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO ATHLETES, COACHES, AND STAFF OF THE SUMMERVILLE HIGH SCHOOL LADY CROSS COUNTRY TEAM, THE LADY SWIM TEAM, THE LADY GOLF TEAM, AND THE WRESTLING TEAM AS WELL AS TO OTHER SUMMERVILLE HIGH SCHOOL OFFICIALS ON THURSDAY, MARCH 7, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAMS ON WINNING THE STATE CHAMPIONSHIP IN THEIR RESPECTIVE SPORTS FOR THE 2001-2002 SEASON.

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 of the South Carolina House of Representatives to the athletes, coaches, and staff of the Summerville High School Lady Cross Country team, the Lady Swim team, the Lady Golf team, and the Wrestling team as well as to other Summerville High School officials on Thursday, March 7, 2002, at a time to be determined by the Speaker, for the purpose of recognizing and congratulating the teams on winning the state championship in their respective sports for the 2001-2002 season.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4847 (Word version) -- Reps. Chellis, Owens and A. Young: A HOUSE RESOLUTION TO COMMEND MISS MALLORY HETZEL FOR HER MAGNIFICENT PERFORMANCE ON THE GOLF COURSE WHILE REPRESENTING THE SUMMERVILLE GIRLS GOLF TEAM AND TO CONGRATULATE HER ON WINNING THE 2001

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SOUTH CAROLINA HIGH SCHOOL GIRLS GOLF CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4848 (Word version) -- Reps. Chellis, Owens and A. Young: A HOUSE RESOLUTION TO COMMEND THE WRESTLERS, COACHES, AND STAFF OF THE SUMMERVILLE HIGH SCHOOL WRESTLING TEAM FOR THEIR HARD-NOSED EFFORT DURING THE SEASON AND CONGRATULATE THE TEAM ON WINNING THE 2002 WRESTLING STATE CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4849 (Word version) -- Rep. Chellis: A HOUSE RESOLUTION TO COMMEND KRISTIN KAY, SUMMERVILLE ELEMENTARY SCHOOL MATH TEACHER, FOR HER INITIATIVE IN TAKING ELEMENTARY EDUCATION BEYOND THE CLASSROOM AND INTO THE HOMES OF THE CHILDREN WITH THE IMPLEMENTATION OF THE "MORNINGS WITH MOMS" PROGRAM.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4850 (Word version) -- Reps. Cotty, Whipper, Moody-Lawrence, Knotts, Allison, Bales, Bingham, Bowers, J. Brown, R. Brown, Campsen, Carnell, Chellis, Clyburn, Cobb-Hunter, Delleney, Emory, Freeman, Gilham, Gourdine, Govan, Hayes, Hosey, Howard, Huggins, Jennings, Kirsh, Lourie, Mack, McGee, McLeod, Meacham-Richardson, J. H. Neal, J. M. Neal, Neilson, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sheheen, Sinclair, J. E. Smith, J. R. Smith, Snow, Talley, Taylor, Townsend, Walker, Webb and Wilder: A BILL TO AMEND THE

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CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-65 SO AS TO PROVIDE THAT STATE AND LOCAL OFFICERS AND EMPLOYEES ARE ENTITLED TO CERTAIN PAID LEAVES OF ABSENCE IN ORDER TO BE AN ORGAN DONOR.
Referred to Committee on Ways and Means

H. 4851 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED, SO AS TO PROVIDE FOR THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON FROM ANOTHER COUNTRY WHO POSSESSES A UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE I-94 CARD.
Referred to Committee on Education and Public Works

H. 4852 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH RESPECT TO INSURANCE IN TITLE 38, SO AS TO EXPAND THE MEANING OF "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THIS REQUIREMENT.
Referred to Committee on Labor, Commerce and Industry

H. 4853 (Word version) -- Reps. Koon and Sharpe: A BILL TO AMEND SECTION 46-25-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION TAX ON COMMERCIAL FERTILIZER PAID TO THE STATE TREASURER, SO AS TO HAVE THE TAX PAID TO THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON UNIVERSITY, INSTEAD OF THE TREASURER AND TO REPEAL SECTION 59-119-130 RELATING TO THE PRIVILEGE TAX ON FERTILIZER PAID TO THE STATE TREASURER, SUBJECT TO THE ORDER OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY.
Referred to Committee on Ways and Means

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H. 4878 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2002; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Without Reference

H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT BY REPEALING SECTION 59-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, REQUIRING FUNDING EQUAL TO THE 1994-95 APPROPRIATION TO BE APPROPRIATED TO THE DEPARTMENT OF EDUCATION ANNUALLY TO OFFSET ANY REDUCTION SUFFERED BY SCHOOL DISTRICTS DUE TO A CHANGE IN THE DISTRIBUTION OF EMPLOYEE CONTRIBUTION FUNDS; BY ADDING SECTION 59-1-455 SO AS TO PROVIDE FOR THE USE OF LAPSED FUNDS IN THE EVENT OF AN EIA REVENUE SHORTFALL AND THE ORDER IN WHICH THE LAPSED FUNDS ARE APPLIED FOR EIA PURPOSES, TO PROVIDE THAT LAPSED FUNDS REMAINING AFTER EIA PURPOSES ARE FUNDED MUST BE DISTRIBUTED TO SCHOOL DISTRICTS FOR FUNDING OF SCHOOL BUILDINGS, AND TO EXEMPT EIA APPROPRIATIONS FOR TEACHER SALARIES AND RELATED FRINGE BENEFITS FROM REDUCTIONS ORDERED TO OFFSET AN OFFICIAL EIA REVENUE SHORTFALL; BY ADDING SECTION 59-103-55 SO AS TO REQUIRE STATE-SUPPORTED PUBLIC FOUR-YEAR CAMPUSES OF INSTITUTIONS OF HIGHER EDUCATION TO HAVE EQUAL REPRESENTATION ON ALL COUNCILS, COMMITTEES, ADVISORY GROUPS, AND TASK FORCES OF THE COMMISSION ON HIGHER EDUCATION AND TO REQUIRE INDEPENDENT FOUR-YEAR COLLEGES TO HAVE REPRESENTATION ON COMMITTEES AND COMMISSIONS DEALING WITH HIGHER EDUCATION STATEWIDE ISSUES; BY ADDING SECTION 59-112-110, SO AS TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA'S AIKEN CAMPUS AND AIKEN TECHNICAL COLLEGE MAY OFFER IN-STATE TUITION TO A STUDENT WHOSE LEGAL RESIDENCE IS IN THE RICHMOND AND COLUMBIA COUNTY AREAS OF

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GEORGIA UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 59-103-162 SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION SHALL REVIEW ANNUALLY THE ACTIVITIES OF THE SOUTH CAROLINA MANUFACTURING EXTENSION PARTNERSHIP, MAKE A BUDGET RECOMMENDATION TO THE GENERAL ASSEMBLY, AND COORDINATE THE ALLOCATION OF FUNDS AMONG EACH PARTICIPATING INSTITUTION, TO PROVIDE FOR THE USE OF CERTAIN FUNDS APPROPRIATED TO THE UNIVERSITY OF SOUTH CAROLINA - COLUMBIA, AND TO PROVIDE THAT THE COMMISSION SHALL REVIEW THE MEMBERSHIP OF THE SOUTH CAROLINA MANUFACTURING EXTENSION PARTNERSHIP BOARD TO ENSURE APPROPRIATE REPRESENTATION OF EACH PARTICIPATING INSTITUTION; TO AMEND SECTION 59-29-190, RELATING TO A SCHOOL DISTRICT OFFERING ADVANCED PLACEMENT COURSES FOR ACADEMICALLY TALENTED STUDENTS, SO AS TO PROVIDE THAT A STUDENT WHO SUCCESSFULLY COMPLETES THE ADVANCED PLACEMENT REQUIREMENTS FOR A COURSE AND WHO RECEIVES A SCORE OF THREE OR HIGHER ON THE ADVANCED PLACEMENT EXAM SHALL RECEIVE ADVANCED PLACEMENT CREDIT IN EACH POST-SECONDARY PUBLIC COLLEGE IN THIS STATE IN A CERTAIN MANNER; TO AMEND CHAPTER 101, TITLE 59, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-345 SO AS TO PROVIDE THAT, IN INSTANCES WHERE THE EQUAL DIVISION OF APPROPRIATED FUNDS BETWEEN NEED-BASED GRANTS AND THE PALMETTO FELLOWS PROGRAM EXCEEDS THE CAPACITY TO MAKE AWARDS IN EITHER PROGRAM, THE COMMISSION ON HIGHER EDUCATION HAS THE AUTHORITY TO REALLOCATE REMAINING FUNDS BETWEEN THE TWO PROGRAMS; AND TO PROVIDE THAT PUBLIC AND INDEPENDENT HIGHER EDUCATION INSTITUTIONS MUST GIVE FIRST PRIORITY FOR NEED-BASED GRANTS TO CHILDREN AND YOUNG ADULTS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 59-112-70, RELATING TO ABATEMENT OF TUITION RATES FOR NONRESIDENTS ON SCHOLARSHIP, SO AS TO PROVIDE THAT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS MAY WAIVE THE NONRESIDENT

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PORTION OF TUITION AND FEES FOR CERTAIN STUDENTS PARTICIPATING IN INTERNATIONAL SISTER-STATE AGREEMENT PROGRAMS ON A RECIPROCITY BASIS; TO AMEND SECTION 59-112-60, RELATING TO FACULTY AND ADMINISTRATIVE EMPLOYEES OF COLLEGES AND UNIVERSITIES, SO AS TO PROVIDE THAT EMPLOYEES OF PUBLIC COLLEGES, UNIVERSITIES, AND TECHNICAL COLLEGES MAY ATTEND CLASSES AT INSTITUTIONS OF HIGHER LEARNING AND RECEIVE TUITION ASSISTANCE IN ACCORDANCE WITH BUDGET AND CONTROL BOARD GUIDELINES AND REGULATIONS; TO AMEND SECTION 40-43-83, AS AMENDED, RELATING TO REQUIREMENTS THAT A FACILITY DISPENSING PRESCRIPTION DRUGS AND DEVICES MUST HAVE A PERMIT ISSUED BY THE BOARD OF PHARMACY AND MUST HAVE A PHARMACIST IN CHARGE, SO AS TO EXEMPT COLLEGE AND UNIVERSITY ATHLETIC DEPARTMENTS FROM THESE REQUIREMENTS; AND TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO VARIOUS REQUIREMENTS FOR PHARMACIES, INCLUDING THE REQUIREMENT THAT A PHARMACY MAY NOT OPERATE WITHOUT A PHARMACIST-IN-CHARGE WHO MUST BE PHYSICALLY PRESENT AND THAT A PERSON MAY NOT SERVE AS THE PHARMACIST-IN-CHARGE FOR MORE THAN ONE PHARMACY AT ONE TIME, SO AS TO EXEMPT COLLEGE AND UNIVERSITY ATHLETIC DEPARTMENT PHARMACIES; TO AMEND SECTION 59-149-10, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2002-2003, ELIGIBLE RESIDENT STUDENTS ATTENDING TWO-YEAR INDEPENDENT INSTITUTIONS MAY NOT RECEIVE AN ANNUAL LIFE SCHOLARSHIP OF MORE THAN THE MAXIMUM COST OF TUITION AT TWO-YEAR REGIONAL PUBLIC INSTITUTIONS FOR THIRTY CREDIT HOURS A YEAR OR ITS EQUIVALENT; BY ADDING SECTION 59-103-200 SO AS TO PROVIDE THAT UPON APPROVAL BY THE MEMBERS OF THE COMMISSION ON HIGHER EDUCATION, THE AGENCY MAY REMOVE CERTAIN RECORD AND NONRECORD MATERIALS FROM ITS COLLECTIONS BY GIFT TO ANOTHER PUBLIC OR NONPROFIT INSTITUTION OR BY SALE AT PUBLIC AUCTION UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 51-1-40, AS AMENDED, RELATING TO THE AUTHORITY OF THE SOUTH

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CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO IMPOSE AND RETAIN A REASONABLE CHARGE FOR ADMISSION FOR PARKS AND RECREATIONAL FACILITIES, SO AS TO ALLOW THE DEPARTMENT TO IMPOSE A FEE FOR VACATION GUIDES, RESEARCH REPORTS, CONFERENCES, TECHNICAL ASSISTANCE, DRAWINGS, AND MAILING LISTS AND PROVIDE FOR THE DISPOSITION OF THE REVENUE AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUES OF THE GIFT SHOP OPERATED BY THE DEPARTMENT AT THE BOYLESTON HOUSE; AND TO AMEND SECTION 51-3-90, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO SELL, EXCHANGE, OR LEASE LAND UNDER ITS JURISDICTION, SO AS TO ALLOW THE DEPARTMENT TO RETAIN FUNDS DERIVED FROM THE SALE OF STATE PARK PROPERTY AND CREDIT THE FUNDS TO THE RECREATION LAND TRUST FUND; BY ADDING SECTION 24-21-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL RECEIVE A HEARING FEE UNDER A PLAN APPROVED BY THE BUDGET AND CONTROL BOARD; BY ADDING SECTION 24-21-85 SO AS TO PROVIDE THAT EVERY PERSON PLACED ON ELECTRONIC MONITORING BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST BE ASSESSED A FEE, AND TO PROVIDE THE CONDITIONS UNDER WHICH THE FEE IS PAID AND RETAINED BY THE DEPARTMENT; TO AMEND SECTION 24-21-490, RELATING TO COLLECTION AND DISTRIBUTION OF RESTITUTION BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY RETAIN THE COLLECTION FEES AND CARRY FORWARD UNEXPENDED FUNDS FOR THE PURPOSE OF COLLECTING AND DISTRIBUTING RESTITUTION; BY ADDING SECTION 24-21-235 SO AS TO AUTHORIZE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO ISSUE DUTY CLOTHING FOR THE USE OF DEPARTMENT EMPLOYEES; BY ADDING SECTION 24-21-237 SO AS TO PROVIDE THAT MEALS MAY BE PROVIDED TO EMPLOYEES OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND PROVIDE THE CIRCUMSTANCES WHEN MEALS MAY BE PROVIDED; TO AMEND SECTION 17-25-324, RELATING TO

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RESTITUTION TO SECONDARY VICTIMS AND THIRD-PARTY PAYEES AND RESTITUTION CENTER BEDS, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MAINTAIN A MINIMUM OF TWELVE RESTITUTION CENTER BEDS FOR EVERY TWO THOUSAND FIVE HUNDRED OFFENDERS; BY ADDING SECTION 2-3-225 SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE IS AUTHORIZED TO REIMBURSE TRAVEL AND OTHER EXPENSES INCURRED BY EMPLOYEES OF THE HOUSE OF REPRESENTATIVES FOR OFFICIAL BUSINESS IN ACCORDANCE WITH APPLICABLE POLICIES AND REGULATIONS; BY ADDING SECTION 2-3-65 SO AS TO PROVIDE THAT ALL VOUCHERS FOR THE PAYMENT OF THE EXPENSES OR COMPENSATION, OR BOTH, OF THE GENERAL ASSEMBLY MUST BE PREPARED BY THE CLERKS OF THE TWO HOUSES OF THE GENERAL ASSEMBLY AND TO AUTHORIZE THE CLERKS OF THE TWO HOUSES AND THE LEGISLATIVE COUNCIL, SUBJECT TO APPROVAL, TO ISSUE WARRANTS ON APPROVED ACCOUNTS FOR NECESSARY EXTRA CLERICAL OR OTHER SERVICES; BY ADDING SECTION 2-3-67 SO AS TO PROVIDE THAT THE CLERKS OF THE SENATE AND THE HOUSE SHALL HAVE INSTALLED A TELEPHONE SERVICE TO BE USED BY THE MEMBERSHIP AND PRESIDING OFFICERS OF THE TWO HOUSES OF THE GENERAL ASSEMBLY; BY ADDING SECTION 2-3-155 SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT THE EXECUTIVE DIRECTOR OF RESEARCH AND THE DIRECTORS OF RESEARCH FOR EACH STANDING COMMITTEE WITH THE ADVICE AND CONSENT OF THE CHAIRMAN OF EACH STANDING COMMITTEE AND TO PROVIDE FOR THE APPOINTMENT AND PAY OF TEMPORARY OR PERMANENT HOUSE RESEARCH ASSISTANTS; BY ADDING SECTION 2-3-105 SO AS TO PROVIDE FOR THE DUTIES OF THE SERGEANTS AT ARMS AND DIRECTORS OF SECURITY OF THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY; BY ADDING SECTION 10-1-45, SO AS TO PROVIDE THAT ANY IMPROVEMENTS AND ADDITIONS TO THE STATE HOUSE MUST BE RECOMMENDED OR APPROVED BY THE STATE HOUSE COMMITTEE OF THE GENERAL ASSEMBLY AND REQUIRE THAT BIDDING, EXECUTING, AND CARRYING OUT

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OF CONTRACTS MUST BE IN ACCORDANCE WITH STANDING REGULATIONS AND PROCEDURES FOR OTHER WORK OF THE SAME TYPE APPLICABLE TO AGENCIES AND INSTITUTIONS OF STATE GOVERNMENT; BY ADDING SECTION 2-3-235 SO AS TO PROVIDE FOR ANNUAL LEAVE AND INSURANCE FOR NURSING PERSONNEL STAFFING THE STATE HOUSE AND THE L. MARION GRESSETTE SENATE OFFICE BUILDING; TO AMEND SECTION 2-7-80, RELATING TO PRINTING AND FURNISHING OF COPIES OF STATEWIDE AND LOCAL ACTS, SO AS TO REQUIRE THAT ONLY ONE COPY OF A PRINTED STATEWIDE ACT BE FURNISHED TO EACH COUNTY CLERK OF COURT AND COUNTY GOVERNING BODY; BY ADDING SECTION 8-11-198, SO AS TO PROHIBIT PAYMENT OF PER DIEM TO A PUBLIC OFFICER OR EMPLOYEE FROM MORE THAN ONE SOURCE IN ANY CALENDAR DAY; BY ADDING SECTION 2-3-175, SO AS TO PROHIBIT FULL-TIME EMPLOYEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE FROM ENGAGING IN OUTSIDE EMPLOYMENT DURING WORKING HOURS EXCEPT WITH PERMISSION AND TO REQUIRE THE EMPLOYEE TO TAKE ANNUAL LEAVE; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX SO AS TO EXEMPT FROM TAXATION COPIES OF OR ACCESS TO LEGISLATION AND OTHER INFORMATIONAL DOCUMENTS PROVIDED TO THE GENERAL PUBLIC BY A LEGISLATIVE AGENCY; TO AMEND CHAPTER 3, TITLE 2, RELATING TO ORGANIZATION AND COMPENSATION OF MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY, BY ADDING SECTION 2-3-45 SO AS TO PROVIDE THAT A MEMBER OF THE HOUSE OF REPRESENTATIVES WHO DOES NOT USE ALL OF HIS ANNUAL ALLOCATION FOR POSTAGE OR TELEPHONE EXPENSES MAY USE REMAINING FUNDS IN ONE CATEGORY IN THE OTHER CATEGORY DURING THAT YEAR; TO AMEND SECTION 2-3-170, RELATING TO COMPENSATION OF OFFICERS AND EMPLOYEES OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MUST AUTHORIZE AND ALLOCATE ANY BASE PAY INCREASE, MERIT PAY, OR BONUS AMONG THE STAFF OF THE HOUSE OF REPRESENTATIVES; BY ADDING SECTION 2-1-220 SO AS TO EXEMPT EACH HOUSE OF THE GENERAL ASSEMBLY

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FROM LAWS OR REGULATIONS REQUIRING APPROVAL BY THE STATE BUDGET AND CONTROL BOARD OR OTHER EXECUTIVE BRANCH AGENCY FOR THE EXPENDITURE, MANAGEMENT, OR TRANSFER OF LEGISLATIVE BRANCH APPROPRIATIONS; BY ADDING SECTION 2-3-27 SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW AND NOT PARDONED MAY NOT RECEIVE COMPENSATION OR EXPENSES OTHERWISE PAID MEMBERS OF THE GENERAL ASSEMBLY; BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER; TO AMEND SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS; TO AMEND SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE; AND TO AMEND SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC

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REFERENCES; BY ADDING SECTION 1-5-50 SO AS TO AUTHORIZE THE SECRETARY OF STATE TO ESTABLISH AND COLLECT FEES, INCLUDING DEPOSITS, FOR SEARCHING OR COPYING RECORDS AND RETAIN THE FEES TO DEFRAY OFFICE EXPENSES; BY ADDING SECTION 1-5-60 SO AS TO ALLOW THE SECRETARY OF STATE TO ESTABLISH, COLLECT, AND RETAIN FEES FOR DISHONORED CHECKS AND USE THE RETAINED FEES TO DEFRAY EXPENSES OF COLLECTING THE CHECKS AND TO PROVIDE THAT THESE RETAINED DISHONORED CHECK FEES MAY BE CARRIED FORWARD TO THE SUCCEEDING FISCAL YEAR AND USED FOR THE SAME PURPOSES; BY ADDING SECTION 11-3-175 SO AS TO PROVIDE FOR THE CONSOLIDATION OF ACCOUNTS OF LUMP SUM AGENCIES BY THE COMPTROLLER GENERAL FOR PROPER ACCOUNTING AND FACILITATED REPORTING; BY ADDING SECTION 1-11-225 SO AS TO PROVIDE THAT THE DIVISION OF OPERATIONS OF THE STATE BUDGET AND CONTROL BOARD ESTABLISH A COST ALLOCATION PLAN TO RECOVER THE OPERATING COSTS AND MANAGE FUNDS TO ENSURE THE ADMINISTRATION OF THE STATEWIDE FLEET MANAGEMENT PROGRAM; TO AMEND SECTION 8-11-165, AS AMENDED, RELATING TO AGENCY HEAD SALARY ADJUSTMENTS, SO AS TO PROVIDE FOR A SALARY STUDY EVERY FOUR YEARS, INSTEAD OF THREE, WITH THE COST SHARED BY PARTICIPATING AGENCIES; TO PROVIDE THAT AN ADJUSTMENT EXCEEDING THE ESTABLISHED RANGE MUST HAVE THE PRIOR RECOMMENDATION OF THE AGENCY HEAD SALARY COMMISSION BEFORE BEING OFFERED TO FILL AN AGENCY HEAD VACANCY OR INCREASE THE SALARY OF AN INCUMBENT AGENCY HEAD; TO PROVIDE THAT INCREASES MUST BE FUNDED FROM AGENCY RESOURCES; TO PROVIDE THAT A VACANCY IN THE POSITION OF PRESIDENT OF A TECHNICAL COLLEGE IS SUBJECT TO THESE PROVISIONS; TO GIVE THE BUDGET AND CONTROL BOARD FINAL APPROVAL AUTHORITY FOR INCREASES IN AGENCY HEAD SALARIES; AND TO MAKE ALL INCREASES EFFECTIVE ON OR AFTER JANUARY FIRST OF THE CURRENT FISCAL YEAR; BY ADDING SECTION 8-11-310 SO AS TO PROVIDE THAT CHAPTER 11 OF TITLE 8 ESTABLISHES THE CRITERIA FOR COMPENSATION INCREASES FOR STATEWIDE ELECTED OFFICIALS,

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TEMPORARY EMPLOYEES, AND AGENCY HEADS, UNLESS OTHERWISE PROVIDED BY LAW; TO AMEND SECTION 11-9-820, AS AMENDED, RELATING TO MEMBERSHIP, STAFFING, AND REPORTING OF THE BOARD OF ECONOMIC ADVISORS, SO AS TO PROVIDE FOR THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO SERVE EX OFFICIO, TO PROVIDE THAT THE BOARD IS A PUBLIC BODY FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, AND TO REQUIRE THAT THE DEPARTMENT OF COMMERCE AND DEPARTMENT OF REVENUE PROVIDE CERTAIN REPORTS, LISTS, MAGNETIC TAPES, AND OTHER DATA TO THE BOARD BY NOVEMBER TENTH OF EACH YEAR; BY ADDING SECTION 8-11-172 SO AS TO PROVIDE THAT APPROPRIATED FUNDS MAY BE USED FOR COMPENSATION INCREASES FOR CLASSIFIED AND UNCLASSIFIED EMPLOYEES AND AGENCY HEADS ONLY IN THE SAME RATIO THAT THE EMPLOYEE'S BASE SALARY IS PAID FROM APPROPRIATED SOURCES; TO AMEND CHAPTER 11, TITLE 1, RELATING TO THE STATE BUDGET AND CONTROL BOARD BY ADDING ARTICLE 7 "CONFEDERATE RELICS" SO AS TO REQUIRE THE DIRECTOR OF THE CONFEDERATE RELIC ROOM TO BE APPOINTED BY THE DIRECTOR OF THE BUDGET AND CONTROL BOARD AFTER CONSULTATION WITH THE SOUTH CAROLINA DIVISION COMMANDER OF THE SONS OF THE CONFEDERATE VETERANS AND THE PRESIDENT OF THE SOUTH CAROLINA CHAPTER OF THE UNITED DAUGHTERS OF THE CONFEDERACY; TO AUTHORIZE THE CONFEDERATE RELIC ROOM TO SUPPLEMENT STATE FUNDS WITH DONATIONS AND FEES AND TO EXPEND THESE FUNDS FOR OPERATIONS AND FOR THE RESTORATION, PRESERVATION, AND DISPLAY OF ITS COLLECTION, AND TO RETAIN AND EXPEND FEES RECEIVED FOR PROVIDING CERTAIN SERVICES AND FROM THE SALE OF PROMOTIONAL ITEMS; AND TO PROHIBIT ARTIFACTS OWNED BY THE STATE IN THE COLLECTIONS OF THE RELIC ROOM FROM BEING PERMANENTLY REMOVED OR DISPOSED OF EXCEPT BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-167 SO AS TO PROVIDE THAT HIGHER EDUCATION TECHNICAL COLLEGES, COLLEGES, AND UNIVERSITIES ARE EXEMPT

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FROM THE REQUIREMENT THAT SALARIES OF EMPLOYEES MUST NOT EXCEED NINETY-FIVE PERCENT OF THE MIDPOINT OF THE AGENCY HEAD SALARY RANGE OR THE AGENCY HEAD ACTUAL SALARY; AND TO REPEAL ARTICLE 11, CHAPTER 11 OF TITLE 8 RELATING TO THE STATE EMPLOYEE PAY PLAN; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-57 SO AS TO PROVIDE THAT WHEN THE GOVERNOR DECLARES AN EMERGENCY OR ORDERS STATE OFFICES CLOSED DUE TO HAZARDOUS WEATHER HE MAY AUTHORIZE LEAVE WITH PAY FOR STATE EMPLOYEES WHO ARE ABSENT FROM WORK DUE TO THE EMERGENCY OR CONDITIONS CAUSED BY HAZARDOUS WEATHER; BY ADDING SECTIONS 9-1-1870 AND 9-11-315 SO AS TO PROVIDE THAT RETIREES AND BENEFICIARIES UNDER THE STATE RETIREMENT SYSTEMS AND THE POLICE OFFICERS RETIREMENT SYSTEM RECEIVING MEDICAID (TITLE XIX) SPONSORED NURSING HOME CARE AS OF JUNE THIRTIETH OF THE PRIOR FISCAL YEAR SHALL RECEIVE NO INCREASE IN RETIREMENT BENEFITS DURING THE CURRENT FISCAL YEAR; HOWEVER, A RETIRED EMPLOYEE AFFECTED BY THE ABOVE PROHIBITION MAY RECEIVE THE SCHEDULED INCREASE IF HE IS DISCHARGED FROM THE NURSING HOME AND DOES NOT REQUIRE ADMISSION TO A HOSPITAL OR NURSING HOME WITHIN SIX MONTHS; BY ADDING SECTION 9-1-1350 SO AS TO PROVIDE THAT NOTWITHSTANDING THE AMOUNTS ANNUALLY APPROPRIATED AS "STATE EMPLOYER CONTRIBUTIONS," THE STATE TREASURER AND COMPTROLLER GENERAL ARE AUTHORIZED AND DIRECTED TO TRANSFER FROM THE GENERAL FUND OF THE STATE TO THE PROPER RETIREMENT SYSTEM ACCOUNTS, MONTH BY MONTH, DURING THE CURRENT FISCAL YEAR, SUCH FUNDS AS ARE NECESSARY TO COMPLY WITH THE TERMS OF THE RETIREMENT ACT AS AMENDED, WITH RESPECT TO CONTRIBUTIONS BY THE STATE OF SOUTH CAROLINA TO THE RETIREMENT SYSTEM; BY ADDING SECTIONS 11-7-35 AND 11-7-40 SO AS TO PROVIDE THE STATE AUDITOR AND HIS DESIGNEES ACCESS TO STATE AGENCY RECORDS AND FACILITIES AND ACCESS TO PRIVATE ENTITIES RECEIVING STATE APPROPRIATED REVENUE FOR AUDIT PURPOSES AND TO PROVIDE FOR THE

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CONFIDENTIALITY OF THESE RECORDS WHILE UNDER REVIEW BY THE STATE AUDITOR AND FOR THE CONFIDENTIALITY OF AUDIT WORKING PAPERS AND MEMORANDA, AND TO PROVIDE FOR MONTHLY BILLING BY THE STATE AUDITOR OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR AUDIT COSTS AND THE DISPOSITION OF THE REVENUE OF THESE BILLINGS; BY ADDING SECTION 8-11-198 SO AS TO PROVIDE THAT ANY AGENCY OF THE STATE GOVERNMENT WHOSE OPERATIONS ARE COVERED BY FUNDS FROM OTHER THAN GENERAL FUND APPROPRIATIONS MUST PAY FROM SUCH OTHER SOURCES A PROPORTIONATE SHARE OF THE EMPLOYER COSTS OF RETIREMENT, SOCIAL SECURITY, WORKERS' COMPENSATION INSURANCE, UNEMPLOYMENT COMPENSATION INSURANCE, HEALTH AND OTHER INSURANCE FOR ACTIVE AND RETIRED EMPLOYEES, AND ANY OTHER EMPLOYER CONTRIBUTIONS PROVIDED BY THE STATE FOR THE AGENCY'S EMPLOYEES; BY ADDING SECTION 41-31-820 SO AS TO PROVIDE THAT UNEMPLOYMENT COMPENSATION PREMIUMS COLLECTED FROM STATE AGENCIES WILL BE DEPOSITED INTO A SEPARATE ACCOUNT AND WILL BE BASED ON EXPERIENCE RATINGS PROVIDED BY PRIVATE CONSULTANTS AND THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE UNEMPLOYMENT COMPENSATION FUND MUST BE REVIEWED ON AT LEAST A BIENNIAL BASIS, TO PROVIDE THAT ALL INTEREST EARNED ON THE ACCOUNT MUST BE RETAINED BY THE UNEMPLOYMENT COMPENSATION FUND TO OFFSET COSTS, TO AUTHORIZE AND DIRECT THE STATE TREASURER AND COMPTROLLER GENERAL TO PAY FROM THE GENERAL FUND TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION SUFFICIENT FUNDS TO COVER ACTUAL BENEFIT CLAIMS PAID DURING THE CURRENT FISCAL YEAR WHICH EXCEED THE AMOUNTS PAID IN FOR THIS PURPOSE, TO DIRECT THE EMPLOYMENT SECURITY COMMISSION TO CERTIFY QUARTERLY TO THE BUDGET AND CONTROL BOARD THE STATE'S LIABILITY FOR THOSE CLAIMS ACTUALLY PAID, AND TO PROVIDE THAT THE CERTIFIED AMOUNT MUST BE REMITTED TO THE EMPLOYMENT SECURITY COMMISSION; BY ADDING SECTION 42-7-210 SO AS TO AUTHORIZE AND DIRECT THE

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STATE TREASURER AND COMPTROLLER GENERAL TO PAY FROM THE GENERAL FUND OF THE STATE TO THE STATE ACCIDENT FUND SUFFICIENT FUNDS TO COVER ACTUAL BENEFIT CLAIMS PAID AND EXPENSES RELATING TO THE OPERATIONS OF THE AGENCY DURING THE CURRENT FISCAL YEAR WHICH EXCEED THE ACCOUNTS PAID IN FOR THIS PURPOSE, TO DIRECT THE STATE ACCIDENT FUND TO CERTIFY QUARTERLY TO THE BUDGET AND CONTROL BOARD THE STATE'S LIABILITY FOR THOSE CLAIMS ACTUALLY PAID, AND TO PROVIDE THAT THE CERTIFIED AMOUNT MUST BE REMITTED TO THE STATE ACCIDENT FUND; BY ADDING SECTION 11-11-325 SO AS TO PROVIDE THAT IF THE BOARD OF ECONOMIC ADVISORS REVENUE FORECAST TO THE BUDGET AND CONTROL BOARD AT ANY TIME DURING THE CURRENT FISCAL YEAR PROJECTS THAT REVENUES FOR THE CURRENT FISCAL YEAR WILL BE LESS THAN APPROPRIATED EXPENDITURES FOR THE YEAR, THE BUDGET AND CONTROL BOARD IN MANDATING NECESSARY CUTS MUST FIRST REDUCE TO THE EXTENT NECESSARY THE APPROPRIATION TO THE CAPITAL RESERVE FUND, PRIOR TO MANDATING ANY CUTS IN OPERATING APPROPRIATIONS; BY ADDING SECTION 12-4-390 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY COLLECT AND RETAIN FEES TO RECOVER THE COSTS OF THE PRODUCTION, PURCHASE, HANDLING AND MAILING OF DOCUMENTS, PUBLICATIONS, RECORDS AND DATA SETS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY WITHHOLD FROM THE GENERAL FUND A PORTION OF REVENUE DERIVED FROM THE PROVISIONS OF CHAPTER 21, TITLE 12, THE ACTUAL COSTS OF BINGO AUDIT ACTIVITY AND OF CRIMINAL RECORD CHECKS PURSUANT TO THE EVALUATION OF APPLICATIONS FOR BINGO LICENSES, AND TO PROVIDE THAT WHENEVER A PROFESSIONAL DESIGNATION OR LICENSE IS LEGISLATIVELY MANDATED FOR EMPLOYMENT BY THE DEPARTMENT OF REVENUE, THE DEPARTMENT IS RESPONSIBLE FOR THE ANNUAL COST TO MAINTAIN THE REQUIRED DESIGNATION OR LICENSE; BY ADDING SECTION 11-11-160 SO AS TO PROVIDE FOR THE TRANSFER OF APPROPRIATIONS WITHIN AN AGENCY'S BUDGET DURING THE FISCAL YEAR; BY ADDING SECTION 11-5-280 SO AS TO

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AUTHORIZE THE STATE TREASURER TO ENTER INTO CONTRACTS ALLOWING A STATE AGENCY OR INSTITUTION TO ACCEPT CREDIT CARDS IN PAYMENT FOR GOODS OR SERVICES PROVIDED; BY ADDING SECTION 11-3-175 SO AS TO PROVIDE FOR THE EXPENDITURE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY BY WARRANT REQUISITIONS DIRECTED TO THE COMPTROLLER GENERAL WHO, AFTER APPROVAL, ISSUES A WARRANT TO THE STATE TREASURER DIRECTING PAYMENT; BY ADDING SECTION 11-13-45 SO AS TO PROVIDE FOR THE DEPOSIT OF FEDERAL AND OTHER FUNDS IN THE STATE TREASURY AND TO PROVIDE FOR THE USE OF THE FUNDS DEPOSITED; BY ADDING SECTION 11-13-140 SO AS TO PROVIDE THAT WHERE FEDERAL LAW OR REGULATION GOVERNING FEDERAL FUNDS ALLOCATED TO STATE AGENCIES INCLUDES REQUIREMENTS RELATING TO BANKING PROCEDURES, THE STATE TREASURY IS DEEMED TO MEET THE DEFINITION OF A BANK; BY ADDING SECTION 1-11-475 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL DEVISE A PLAN FOR THE EXPENDITURE OF STATE AGENCY APPROPRIATIONS FOR EMPLOYER CONTRIBUTIONS; TO AMEND SECTION 8-11-170, RELATING TO THE REQUIREMENT FOR ADVANCE APPROVAL BY THE AGENCY HEAD SALARY COMMISSION AND THE STATE BUDGET AND CONTROL BOARD FOR DUAL STATE EMPLOYMENT FOR AN AGENCY HEAD, SO AS TO REQUIRE TIMELY PAYMENT OF AN EMPLOYEE APPROVED FOR DUAL EMPLOYMENT; BY ADDING SECTION 8-11-35 SO AS TO PROVIDE THE PAY SCHEDULE FOR STATE EMPLOYEES, PROVIDE THAT SALARIES APPROPRIATED ARE THE MAXIMUM COMPENSATION FOR THE POSITION, TO PROVIDE RESTRICTIONS ON DUAL COMPENSATION AND EXPENSES, TO REQUIRE REPORTING OF EMPLOYEES RECEIVING DUAL COMPENSATION, AND TO EXEMPT THE HIRING OF SHORT-TERM EMPLOYEES FROM REGULATIONS GOVERNING APPOINTMENTS AND RESTRICTIONS ON NEPOTISM; BY ADDING SECTION 8-11-196 SO AS TO PROVIDE THAT CONDITIONS UPON WHICH A STATE AGENCY OR INSTITUTION MAY HIRE EMPLOYEES TO FILL TEMPORARY GRANT POSITIONS SPECIFIED IN FEDERAL GRANTS, PUBLIC CHARITY GRANTS, PRIVATE FOUNDATION GRANTS,

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RESEARCH GRANTS, AND POSITIONS WITH TIME LIMITED FUNDING APPROVED OR AUTHORIZED BY A STATE AUTHORITY; BY ADDING SECTION 1-11-67 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ASSESS AND COLLECT A RENTAL CHARGE FROM ALL STATE DEPARTMENTS AND AGENCIES THAT OCCUPY STATE BUDGET AND CONTROL BOARD SPACE IN STATE-CONTROLLED OFFICE BUILDINGS, TO PROVIDE A BASIS TO CALCULATE THE CHARGE, DISBURSE THE MONIES COLLECTED, AND APPORTION THE PAYMENT OF THE CHARGE; BY ADDING SECTION 1-11-425 SO AS TO PROVIDE THAT ALL AGENCIES SHALL PRINT CERTAIN INFORMATION ON THE LAST PAGE OF CERTAIN BOUND PUBLICATIONS; BY ADDING SECTION 8-11-199 SO AS TO PROVIDE THAT A STATE AGENCY OR INSTITUTION MAY NOT PAY OR REIMBURSE AN EMPLOYEE FOR PROFESSIONAL DUES PAYMENTS TO THE AMERICAN BAR ASSOCIATION; BY ADDING SECTION 10-1-55 SO AS TO PROVIDE THAT A LOCAL GOVERNMENT ENTITY WHICH DEMANDS PAYMENT OF RENT OR LEASE PAYMENTS FROM A STATE AGENCY OR INSTITUTION, UNDER CERTAIN CIRCUMSTANCES, MUST HAVE A CERTAIN PERCENTAGE OF THE CHARGE DEDUCTED FROM ITS LOCAL GOVERNMENT STATE AID TO SUBDIVISIONS ALLOCATION, AND TO PROVIDE THAT THE STATE AGENCY MUST BE REIMBURSED THE ACTUAL AMOUNT PAID AND THE BALANCE MUST BE CREDITED TO THE GENERAL FUND OF THE STATE FROM THE PORTION OF THE DEDUCTED ALLOCATION; TO AMEND SECTION 8-11-15, RELATING TO THE MINIMUM FULL-TIME WORKWEEK FOR STATE AGENCIES AND INSTITUTIONS AND ALTERNATIVE SCHEDULING, SO AS TO PROVIDE THAT STATE AGENCIES MAY USE ALTERNATE WORK LOCATIONS, INCLUDING TELECOMMUTING, THAT RESULT IN GREATER EFFICIENCY AND COST SAVINGS; TO AMEND SECTION 11-9-85, RELATING TO TAX AND FEE REVENUE CALCULATED ON AN ACCRUAL BASIS, SO AS TO PROVIDE FOR CALCULATING THE DEED RECORDING FEE IMPOSED BY CHAPTER 24, TITLE 12 ON AN ACCRUAL BASIS; TO AMEND SECTION 4-9-150, AS AMENDED, RELATING TO AUDITS OF COUNTY RECORDS, SO AS TO PROVIDE THAT IF A COPY OF THE REPORT OF A COUNTY'S AUDIT REQUIRED TO BE SUBMITTED TO THE

Printed Page 1279 . . . . . Tuesday, March 5, 2002

COMPTROLLER GENERAL IS NOT TIMELY FILED, FUNDS DISTRIBUTED BY THE COMPTROLLER GENERAL TO THE COUNTY MUST BE WITHHELD PENDING RECEIPT OF A COPY OF THE REPORT; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-75 SO AS TO PROVIDE THAT AN EMPLOYEE PARTICIPATING IN A PLAN UNDER THE DEFERRED COMPENSATION PROGRAM MAY REPAY A LOAN MADE BY THE EMPLOYEE BY MEANS OF A PAYROLL DEDUCTION FROM HIS COMPENSATION; AND TO APPROPRIATE AND TRANSFER FUNDS FROM THE EDUCATION LOTTERY ACCOUNT FOR FISCAL YEAR 2002-2003 AND PROVIDE THE USES OF THE FUNDS APPROPRIATED AND TRANSFERRED.
Without Reference

S. 803 (Word version) -- Senators Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1507 SO AS TO PROVIDE THAT A RETAIL DEALER OF ALCOHOLIC BEVERAGES MAY SELL IN HIS RETAIL PREMISES LOTTERY TICKETS OR SHARES AS A LOTTERY RETAILER UNDER THE PROVISIONS OF CHAPTER 159 OF TITLE 59 (SOUTH CAROLINA EDUCATION LOTTERY ACT).
Referred to Committee on Ways and Means

S. 863 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 23-15-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL BADGE OF DEPUTY SHERIFFS, SO AS TO PROVIDE THAT A CORRECTIONAL OFFICER WHO IS EMPLOYED BY A COUNTY OR MUNICIPAL DETENTION FACILITY ON OR BEFORE DECEMBER 31, 2002, MAY WEAR A BADGE THAT CONSISTS OF OR INCORPORATES THE SHAPE OF A FIVE-POINTED OR SIX-POINTED STAR WITH A REPLICA OF THE GREAT SEAL OF SOUTH CAROLINA INSCRIBED IN ITS CENTER.
Referred to Committee on Judiciary

S. 903 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION

Printed Page 1280 . . . . . Tuesday, March 5, 2002

WITH THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE VOLUNTEERS WITHIN THE DEFINITION OF "EMPLOYEE"; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE'S LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT ACTIVITIES RELATING TO PREVENTION OF TERRORISM OR TERRORIST ATTACK AND ACTIVITIES IN RESPONSE TO A TERRORIST THREAT OR TERRORIST ATTACK ARE EXEMPTED UNDER THE TORT CLAIMS ACT.
Referred to Committee on Judiciary

S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
Referred to Committee on Education and Public Works

CONCURRENT RESOLUTION

The following was introduced:

H. 4854 (Word version) -- Reps. Kelley, Keegan, Barfield, Edge and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND FIRE CHIEF LYNWOOD O. WOMACK OF THE MYRTLE BEACH FIRE DEPARTMENT FOR HIS OUTSTANDING LEADERSHIP OF THE DEPARTMENT UPON HIS RETIREMENT AS CHIEF.

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

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers

Printed Page 1281 . . . . . Tuesday, March 5, 2002

Breeland               Brown, G.              Brown, J.
Brown, R.              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               Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Leach
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Rodgers
Rutherford             Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Printed Page 1282 . . . . . Tuesday, March 5, 2002

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 5.

Ronald Townsend                   James Law
James Merrill                     Alex Harvin
Brenda Lee

Total Present--120

STATEMENT OF ATTENDANCE

Rep. SCOTT signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, February 28.

DOCTOR OF THE DAY

Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.

CO-SPONSOR ADDED

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

CO-SPONSOR ADDED

Bill Number: H. 4594 (Word version)
Date: ADD:
03/05/02 ALTMAN

Printed Page 1283 . . . . . Tuesday, March 5, 2002

ORDERED TO THIRD READING

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

H. 4497 (Word version) -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

ORDERED ENROLLED FOR RATIFICATION

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

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.

H. 3145--AMENDED AND ORDERED TO THIRD READING

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, 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

Printed Page 1284 . . . . . Tuesday, March 5, 2002

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), which was adopted:
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;

(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

Printed Page 1285 . . . . . Tuesday, March 5, 2002

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

Printed Page 1286 . . . . . Tuesday, March 5, 2002

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

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

H. 3328--AMENDED AND ORDERED TO THIRD READING

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

Rep. MCGEE explained the Bill.

Rep. KNOTTS proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11335AC02), which was adopted:
Amend the bill, as and if amended, Section 56-5-765(D) page 1, line 37 immediately after the /./ by inserting /If a law enforcement agency makes a request for assistance pursuant to this subsection, the agency may not request grant money related to investigations to be conducted pursuant to this section./
Renumber sections to conform.
Amend totals and title to conform.

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

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

Printed Page 1287 . . . . . Tuesday, March 5, 2002

S. 987--DEBATE ADJOURNED

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

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.

H. 4421--POINT OF ORDER

The following Bill was taken up:

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

Printed Page 1288 . . . . . Tuesday, March 5, 2002

THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.

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. 4830--POINT OF ORDER

The following Bill was taken up:

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".

POINT OF ORDER

Rep. HAYES 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. 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.

Printed Page 1289 . . . . . Tuesday, March 5, 2002

Rep. HARRISON moved to adjourn debate upon the Senate Amendments until Wednesday, March 6, which was agreed to.

H. 4539--DEBATE ADJOURNED

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.

Rep. QUINN moved to adjourn debate upon the Senate Amendments until Wednesday, March 6, which was agreed to.

MOTION PERIOD

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

S. 933--ORDERED TO THIRD READING

The following Bill was taken up:

S. 933 (Word version) -- Senators Ravenel, McConnell and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.

Rep. BREELAND spoke against the Bill.
Rep. MACK spoke against the Bill.

The Bill was read the second time and ordered to third reading by a division vote of 6 to 4.

RECURRENCE TO THE MORNING HOUR

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

Printed Page 1290 . . . . . Tuesday, March 5, 2002

INTRODUCTION OF JOINT RESOLUTION

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

H. 4855 (Word version) -- Reps. Kelley, Kirsh and Cooper: A JOINT RESOLUTION TO PROVIDE A SPECIAL PROCEDURE APPLICABLE ONLY FOR FISCAL YEAR 2002-2003 FOR MANDATORY EMPLOYEE FURLOUGHS, TO PROVIDE THE CIRCUMSTANCES UNDER WHICH SUCH FURLOUGHS MAY BE ORDERED, TO LIMIT TOTAL FURLOUGH DAYS IN THE FISCAL YEAR TO TEN DAYS, TO REQUIRE FURLOUGHS TO APPLY AGENCY-WIDE, TO PROHIBIT AN AGENCY'S CLOSING DURING ITS REGULAR HOURS OF OPERATION TO IMPLEMENT FURLOUGHS, TO PROVIDE FOR THE PAY AND BENEFITS FOR FURLOUGH EMPLOYEES, AND TO PROVIDE THAT FURLOUGHS ARE NOT GROUNDS FOR A GRIEVANCE.
Referred to Committee on Ways and Means

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

ADJOURNMENT

At 1:20 p.m. the House, in accordance with the motion of Rep. HUGGINS, adjourned in memory of Ruby Tinsley Ewing of Chapin, to meet at 10:00 a.m. tomorrow.

***

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