South Carolina House Journal - March 26, 2002 - South Carolina Legislature Online

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

Printed Page 1971 . . . . . Tuesday, March 26, 2002

Tuesday, March 26, 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:

God of our Fathers, Your almighty hands hold us and Your divine love has led us in the past. Be our ruler, guardian, guide and stay. Grant health and favor to all who bear office in our land, especially to the President of the United States, the Governor of this State, and all those who serve in this assembly. Guide their minds and hearts to enact wise laws and administer them justly so that the welfare of our people may be assured and peace maintained at home and among the nations of the world. God of holiness, Yours is the power and the glory, forever. 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. PERRY moved that when the House adjourns, it adjourn in memory of William Seymore of Aiken, which was agreed to.

REPORT RECEIVED

The following was received:

Findings of Fact

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

University of South Carolina

12th Circuit Dr. C. Edward Floyd*

Printed Page 1972 . . . . . Tuesday, March 26, 2002

Francis Marion University

3rd District, Seat 5 Carolyn B. Shortt*

Coastal Carolina University

At-large, Seat 13 Susan S. Chapman

Eugene C. Spivey
* incumbent

Respectfully submitted,
Rep. Olin Phillips, Chm. Sen. Warren K.Giese
Rep. Becky Martin, Sec. Sen. Maggie Glover
Rep. Lanny F. Littlejohn Sen. Thomas Alexander
Rep. Jesse E. Hines Sen. Linda Short

COMMITTEE TO SCREEN CANDIDATES FOR
BOARDS OF TRUSTEES OF STATE
COLLEGES AND UNIVERSITIES

********
Thursday, March 21, 2002
9:38 a.m. - 10:03 a.m.

The following screening of candidates took place at the Solomon Blatt Building, Pendleton Street, Columbia, South Carolina, on the 21st day of March, 2002, before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:

Representative Olin Phillips
Representative Lanny F. Littlejohn
Representative Becky Martin
Ms. Sophia Floyd

CHAIRMAN PHILLIPS: If you will, I'm going to take Dr. Floyd from the University of South Carolina. If you would step around, Dr. Floyd.
DR. FLOYD: Right here?
CHAIRMAN PHILLIPS: Yes, sir. And if you would, just raise your right hand.
DR. C. EDWARD FLOYD, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Dr. Floyd, continue to raise your hand.
DR. FLOYD: Yes.

Printed Page 1973 . . . . . Tuesday, March 26, 2002

CHAIRMAN PHILLIPS: I know you've been sick, do you have any health-related problems that would prevent you in the future from continuing service on the board?
DR. FLOYD: No.
CHAIRMAN PHILLIPS: None. I know you've been on the board for quite a while and you don't have any conflicts ...
DR. FLOYD: Right.
CHAIRMAN PHILLIPS: ... by serving, and certainly you haven't been elected or appointed to any position to cause a conflict of interest by serving or still continuing to serve?
DR. FLOYD: Right.
CHAIRMAN PHILLIPS: None?
DR. FLOYD: No.
CHAIRMAN PHILLIPS: Do you want to make a little brief statement for us?
DR. FLOYD: Well, I've served for quite a few years at the University of South Carolina, and I think the legislature in recent years has continued to elect a lot of the same board members at the university and I think it really has stabilized our board in the last -- in the last ten years or so. I was chairman six or seven years ago, we started out on a plan to build the university. We started out -- we started out, and we sort of got the group together. We got the chairmanship lined up where we would work it out for the next 12 or so years, because you couldn't accomplish what we wanted to in four years, and we have continued on this program. We've built the university, you can see every bit of money that we have spent at the university, and if you will look, we've spent a lot of money, but it's all been on student areas that we felt that would attract students, and for the benefit of the students. Every administrative type building we sort of nixed, and we have fixed -- I think we've got this campus right now, if we can get a little bit of support, we can really make it into something that all of us will be very proud of. And you can see right now the infrastructure that's going up, the last parts of the puzzle are going in place right now with our fitness center, our dormitories and everything in the past year so I think we really -- I think the University of South Carolina is on a roll right now. And anyway, I could talk on and on.
CHAIRMAN PHILLIPS: I know you could, and let me introduce our committee members. This is Becky Martin from Madison, and Representative Lanny Littlejohn from Spartanburg and Cherokee County.
DR. FLOYD: All right.
CHAIRMAN PHILLIPS: Dr. Floyd, we're glad you could be here today and certainly we know you've had some health problems and ...

Printed Page 1974 . . . . . Tuesday, March 26, 2002

DR. FLOYD: Right.
CHAIRMAN PHILLIPS: ... we hope you are feeling better where you could continue to serve. We appreciate your service on the board. Having served with you for a while on the board, I know your zeal for the university. Are there any questions from any of the committee members? Representative Martin.
REPRESENTATIVE MARTIN: Dr. Floyd, I know that, you know, there's been a lot of building, and like you said, there's been a lot of money going into the university. And some of the buildings sometimes that we have, even like the stadium, you know, that's an awful large area, are y'all utilizing that other than just for the six games that are being played during the year -- six times a year? Is it being used for any meetings or any other studies in those buildings?
DR. FLOYD: Yes. We have utilized the stadium for practically every request. I mean, we have concerts. We try to generate income from that. And I think you'll see that, you know, all of the high school championship games are played there. You'll see that I think South Carolina State and Benedict played this year in the stadium and we try to utilize it now. I'll have to admit, and maybe your question includes this, you know, we have to protect our turf to a certain extent.
REPRESENTATIVE MARTIN: That's true.
DR. FLOYD: When the Carolina Panthers -- when the Panthers wanted to play in our stadium, now what happened, which very few people know, I mean, I was in on the negotiations, and what happened was, Mike McGee was trying to get them to help us with our renovation and he was trying to gain money for the university. And if you remember, at that time Clemson -- Clemson had a bad -- was having a bad year at that time, Florida State just -- and they undercut, from a financial standpoint, the University of South Carolina, and that was more the cause. We were trying to negotiate as much as we could from the Panthers to help us with our renovation, and that was really what happened. But we have to protect our interests at the university. The bowl game that was proposed was a farce. I mean, and I think we're trying to do what's right and open up the stadium for use, but we still have to protect our interests. But it was interesting you talked about that. One of the things that happened to us, and we got criticized, was one time we had a concert and the stadium, the top part of the stadium was swaying some and nobody ever knew it, but we turned down a concert for the stadium because they said when the music -- with the rhythm of the music, it caused some -- Olin may have been on the board at that time ...
REPRESENTATIVE LITTLEJOHN: He was in the stand.

Printed Page 1975 . . . . . Tuesday, March 26, 2002

DR. FLOYD: But we turned down the concert. We turned down the concert, but we never told anybody why we turned it down, because we said before we got the stadium stabilized, if something terrible happened, but yet the engineers said it was safe, but we just didn't -- we didn't think that that was, you know, if something terrible ...
REPRESENTATIVE MARTIN: Do y'all have it stabilized now?
DR. FLOYD: It was stabilized after that. Because even though the ...
REPRESENTATIVE MARTIN: Just checking.
DR. FLOYD: ... engineers said it was okay, that was where it was supposed to be, we felt like if there was anything that ever happened, we'd be -- I mean, we'd be criticized severely. So we stabilized it, but we had to turn down one of the rock concerts that was going to be ...
CHAIRMAN PHILLIPS: Well, I appreciate your bringing that to the forefront. I was there at the Georgia game and I thought it was going to come down on me.
DR. FLOYD: We hope it will take care of it.
REPRESENTATIVE MARTIN: I figure if some of those speakers will blow a car apart, I'm sure they might do something to concrete eventually.
CHAIRMAN PHILLIPS: Any more questions of Dr. Floyd?
REPRESENTATIVE LITTLEJOHN: I move we accept.
REPRESENTATIVE MARTIN: Second.
CHAIRMAN PHILLIPS: A motion has been moved that we accept him as a candidate and seconded by Ms. Martin. All in favor signify by saying aye.

(All Respond Aye)
CHAIRMAN PHILLIPS: Well, since you don't have any opposition, Dr. Floyd, ...
DR. FLOYD: Thank you.
CHAIRMAN PHILLIPS: ... the screening process will be continued, as far as the journals are concerned, next Tuesday, and you may go ahead and ask for support on Thursday at noon, there being no other candidates.
DR. FLOYD: Well, I thank y'all. And, you know, the legislative support is very important to the university and we appreciate y'all very much. Thank you.
CHAIRMAN PHILLIPS: Good luck to you.
REPRESENTATIVE MARTIN: We appreciate your support.
DR. FLOYD: Olin, thank you.
CHAIRMAN PHILLIPS: Next we will screen the -- is Ms. Shortt here?
MS. SHORTT: Yes, here I am.
CHAIRMAN PHILLIPS: Okay. Francis Marion University, 3rd District, Seat 5.

Printed Page 1976 . . . . . Tuesday, March 26, 2002

REPRESENTATIVE LITTLEJOHN: Is Dr. Floyd a medical doctor?
CHAIRMAN PHILLIPS: He is one of the best surgeons in South Carolina.
REPRESENTATIVE MARTIN: He's from Florence.
CHAIRMAN PHILLIPS: From Florence. The only bad thing about Dr. Floyd, he owns his own hospital. He was in his own hospital last month when we did the screening, he put in for a diagnostic for colon and found out he did have some problems and wanted to do his own surgery, actually, telling them how to do it. But they said he wasn't too good a patient. Francis Marion University, 3rd District, Seat 5, Ms. Carolyn B. Shortt. Ms. Shortt, will you please raise your right hand.
CAROLYN B. SHORTT, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Ms. Shortt, do you have any health-related problems that the committee needs to be made aware of?
MS. SHORTT: No, sir.
CHAIRMAN PHILLIPS: Since your election, have you been appointed or been elected to any other position that would cause a conflict of interest by serving?
MS. SHORTT: No, sir, not to my knowledge.
CHAIRMAN PHILLIPS: And you have no conflict of business or pleasures that would cause a conflict to serve on the -- continue to serve?
MS. SHORTT: No, sir.
CHAIRMAN PHILLIPS: None. Are there any questions? Thank you, ma'am. A short statement.
MS. SHORTT: Well, Chairman Phillips, I am indeed honored to appear before the Committee to Screen Candidates for Board of Trustees of Colleges and Universities and am appreciative to be allowed to make a brief statement. I support opportunities that allow all young adults the chance to attend and extend their education beyond high school, and especially four year colleges and universities, including Francis Marion University, in the forms of scholarships or grants or loans or student employment programs, of which two-thirds of Francis Marion versus student body attends. And in my most -- in the most recent edition of The Patriot, the Francis Marion University faculty and staff newsletter, Emerson Gower, Jr., vice president of the southern region for CPL and Chairman of the Steering Committee for FMU's Campaign for Excellence states that Francis Marion University is one of the region's best assets. I, too, echo the same. It is for this very reason that I really look forward to further devoting my energy, my resources and support, to serve on the Board of Trustees of Francis Marion University. I believe in higher education. I know the profound impact that attending a higher -- a

Printed Page 1977 . . . . . Tuesday, March 26, 2002

college can make a difference in a student's life, and more especially, the Pee Dee area students. On a personal note, all of my sisters and brothers, my husband, and my two sons -- our two sons, graduated from a four year institution, and my mom, a retired educator, all finished a four year institution. My father, however, only completed junior high but was a successful businessman. But he knew that to be competitive and to improve one's life, a college degree, a disciplined mind, and a positive attitude is a must. I love working with young adults. I love working with children, with families, in South Carolina. Because many of the students at FMU are the first in their families to go to college. A few assets about Francis Marion University, as you probably already know, is that it's one of the 12 supported co-educational universities. It's very young. It was founded in 1970. It has a strong, dynamic personable concerned leader and a gracious first lady, Dr. Fred Carter and Ms. Carter, and an outstanding faculty. FMU is a big business with a huge impact in the Pee Dee region, to say the least. Less than 50 percent of the budget comes from state appropriations and the major -- it majorly employs about 500 employees. And a few other things that I like about it is that it works very closely with the business community, the area agencies, and the school system, and it serves one of the largest supply of classroom teachers in the Pee Dee region. And there are many other things, but I'd like to say this, too, before I close, 5.8 percent applications as of December 15th, 2001, we have a total enrollment of about 3,513. The student make-up, the U.S. News & World Report Magazine writes FMU has one of the most diverse student body among regional universities in the South. 41 counties are represented in the state at Francis Marion University. Of course, the teacher ratio of 1 to 14 this year, and likewise, our tuition cost full time is about 3500 for a full-time student. So, in closing, I invite you to visit our beautiful campus. The admission office offer tours. And I hope if, again, I can serve, you'll be invited to come down and I'll have the privilege of touring the university with you. And I thank you for this opportunity.
CHAIRMAN PHILLIPS: Thank you very much. Any questions? Representative Littlejohn.
REPRESENTATIVE LITTLEJOHN: Well, you've painted a pretty good picture of Francis Marion.
MS. SHORTT: Thank you.
REPRESENTATIVE LITTLEJOHN: What's wrong with it? I'm serious. What's the problems that you see that y'all are having?
MS. SHORTT: One of the things is, really the challenge is continued recruiting and maintaining the number of students at the university.
REPRESENTATIVE LITTLEJOHN: How many is that that y'all have?

Printed Page 1978 . . . . . Tuesday, March 26, 2002

MS. SHORTT: I think we have about 3500. And certainly those challenges are not only that most of our students, two-thirds, come from the Pee Dee area, but still the challenge of -- and it's made up of 91.7 percent of South Carolinians, but still the challenge of sending the message to all parts of the system to get students to come there. Financially, as we see it, two-thirds of the money is either coming from grants, tuitions, scholarships and workplace. This is where the heart is, but we, you know, we wish, in essence, that more children could afford to go to four year institutions on their own without having to have scholarships, you know, in addition to that, to be independent. But students -- the core of students, just getting students to be there to maintain the challenge each year, from year to year, to keep that student enrollment up at a place where we can operate fiscally in the black.
CHAIRMAN PHILLIPS: Any other questions?
REPRESENTATIVE MARTIN: I'd just like to comment that men were there before me. That's one of the problems females have.
CHAIRMAN PHILLIPS: What's the pleasure of the committee?
REPRESENTATIVE MARTIN: I just wanted to share that I think Francis Marion is a good college, and I've seen it grow. My husband attended there, and it's really grown. And I think if y'all just continue to keep up the leadership, it's going to take it ...
MS. SHORTT: Thank you.
CHAIRMAN PHILLIPS: What's the pleasure of the committee?
REPRESENTATIVE MARTIN: I make a motion.
REPRESENTATIVE LITTLEJOHN: I second.
CHAIRMAN PHILLIPS: Second Mr. Littlejohn. All in favor signify by saying aye.

(All Respond Aye)
CHAIRMAN PHILLIPS: Ms. Shortt, having no opposition, but yet next Thursday at 12:00 o'clock you can make contacts to your constituents if you'd like ...
MS. SHORTT: Yes, sir.
CHAIRMAN PHILLIPS: ... in seeking commitments. Next Thursday at 12:00 noon.
MS. SHORTT: Yes, sir.
CHAIRMAN PHILLIPS: By virtue we have to put this in the journal and it's only fair to other people.
MS. SHORTT: Yes, sir.
CHAIRMAN PHILLIPS: All right. Thank you very much.
MS. SHORTT: And thank you. Thank you for this opportunity.
CHAIRMAN PHILLIPS: Thank you.

Printed Page 1979 . . . . . Tuesday, March 26, 2002

MS. SHORTT: Thank you, Ms. Sophia.
MS. FLOYD: Uh-huh (affirmative response). Thank you.
CHAIRMAN PHILLIPS: Next is Coastal Carolina, at large, Seat 13, the seat previously held by Franklin Burriss. And the first candidate will be Susan S. Chapman. Ms. Chapman, will you raise your right hand, please.
SUSAN S. CHAPMAN, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Ms. Chapman, do you have any health-related problems the committee needs to be aware of?
MS. CHAPMAN: No, sir.
CHAIRMAN PHILLIPS: None. Do you hold any other elected office or appointed office within the community that would cause a dual office holding?
MS. CHAPMAN: No, sir.
CHAIRMAN PHILLIPS: Do you have any business or pleasure interests that would cause a conflict by serving at Coastal?
MS. CHAPMAN: No.
CHAIRMAN PHILLIPS: None?
MS. CHAPMAN: No.
CHAIRMAN PHILLIPS: Okay. If you would make a short statement, we'd appreciate it.
MS. CHAPMAN: Chairman Phillips, and representatives, it's a pleasure to be here and I appreciate you giving me the opportunity to be screened and be put in this position. We have an unusual race here in that Gene and I are cousins and so -- we are close friends, too, and so, hopefully, when this is over we'll still be friends. In fact, he was the ringbearer in my wedding. He was four years old, and as soon as the wedding was over, he didn't want to do it, he ran out the front door, took that pillow and threw it as far as he could throw it.
MR. SPIVEY: I was four.
MS. CHAPMAN: But he was cute in his white suit. But anyhow, I appreciate the opportunity to be here. I, of course, have not served on the board, but I have a background in education. I went to Columbia College and studied to be a teacher, because in my day you could be a teacher, a nurse, or a secretary, and at Columbia College we were trained to be teachers. I started out teaching school, went from there to a school board in Anderson, School District 5, up in the upper part of the state, and served on that for about 20 years, and was involved in the building program and long-range planning, et cetera. And I say that because Coastal Carolina has been in my community, it began, probably, and was born close to the time that I was born, and it grew from a little single building to what it is today. And it's a place that is dear to me. It's part of

Printed Page 1980 . . . . . Tuesday, March 26, 2002

my community, it's part of Conway, and I would like to serve on that board for that reason. Because of my background in education and the parts that I have done in education, I feel like that I could work well on that board. Coastal -- and I don't know how familiar y'all are with Coastal, and we all call it Coastal down there, it used to be Coastal Carolina College, so I'm having to re-learn Coastal Carolina University -- but it has growing by leaps and bounds. And, as you probably know, Coastal is getting ready to get a football team which is going to be exciting, too. I think that usually tells us a school has come into its own. But one of the things about Coastal that I think is very important, it's right on the verge of a tremendous growth. It has grown a lot, but I think we're going to see more growth coming in. If you have read my testimony, one of the things I think is extremely important when you're in a public office and when you're in a public institution like that, you have got to engage people in the community in helping you make decisions and helping you to be part of what is happening in that community. And so I think that's something very important and something I think that I can bring to this college. But in a nutshell, it's part of my heritage. It's an institution of higher learning where we're bringing students in, and I think it's so important this day and time that we bring students and young people and began to instill in them what they need to have to be adults in this very complicated society. I could talk on and on and on, but I know y'all have things to do, and I'll be glad to answer any questions.
CHAIRMAN PHILLIPS: Thank you very much. Are there any questions?
REPRESENTATIVE LITTLEJOHN: I'm just interested in what -- [inaudible] Kingston? Do you live on Kingston Street?
MS. CHAPMAN: I live on Kingston Street ...
REPRESENTATIVE LITTLEJOHN: Kingston Corporation?
MS. CHAPMAN: ... and live on Kingston Lake also.
REPRESENTATIVE LITTLEJOHN: What do you do for them?
MS. CHAPMAN: It's a land lease company that came about from my mine and Gene's great grandfather and it was split up into different segments, which his family has part of it and my mother and I have part of it. And they lived at Kingston at the time and they just named the corporation Kingston.
REPRESENTATIVE LITTLE: [inaudible].
MS. CHAPMAN: Land lease in the Myrtle Beach/Conway area, is what we do.
CHAIRMAN PHILLIPS: Any other questions?

Printed Page 1981 . . . . . Tuesday, March 26, 2002

REPRESENTATIVE MARTIN: It sounds like you have pretty good experience with Coastal Carolina. And I'm like you, it's hard to get used to some of these colleges and universities changing to universities.
MS. CHAPMAN: Exactly. It's college to most of us.
REPRESENTATIVE MARTIN: Right.
CHAIRMAN PHILLIPS: Okay. What is ...
REPRESENTATIVE LITTLEJOHN: Move to accept.
CHAIRMAN PHILLIPS: Accept.
REPRESENTATIVE MARTIN: Second.
CHAIRMAN PHILLIPS: Seconded. All in favor signify aye.

(All Respond Aye)
CHAIRMAN PHILLIPS: Okay. We accept you as a candidate and next Thursday at 12:00 noon you may start soliciting. And the election, hopefully, will be, if we can get everything lined up, April the 9th. That's on a Tuesday at 12:30.
MS. CHAPMAN: Okay.
CHAIRMAN PHILLIPS: We will notify you definitely.
MS. CHAPMAN: Okay.
CHAIRMAN PHILLIPS: That's indefinite at this time but we will notify you.
MS. CHAPMAN: Okay.
CHAPMAN PHILLIPS: Thank you very much.
MS. CHAPMAN: Thank you very much. I appreciate it.
REPRESENTATIVE MARTIN: Thank you for being here.
MS. CHAPMAN: Glad to do it.
CHAIRMAN PHILLIPS: Okay. Mr. Eugene C. Spivey. What are you going to say about your cousin?
MR. SPIVEY: I don't remember the wedding. I promise you I don't remember the wedding.
CHAIRMAN PHILLIPS: Please raise your right hand.
EUGENE C. SPIVEY, being duly sworn, testifies as follows:
CHAIRMAN PHILLIPS: Sir, do you have any health-related problems we need to know about?
MR. SPIVEY: Once I shake this bout of pollen, no, sir.
CHAIRMAN PHILLIPS: Do you have any business activities that would cause a conflict of interest by serving on Coastal?
MR. SPIVEY: No, sir.
CHAIRMAN PHILLIPS: None. Have you been elected or appointed any positions in the community that would cause or constitute a dual office holding?

Printed Page 1982 . . . . . Tuesday, March 26, 2002

MR. SPIVEY: If I'm elected to this, I will be resigning from the State Housing Finance & Development Authority.
CHAIRMAN PHILLIPS: Okay. A brief statement, sir.
MR. SPIVEY: As a Coastal graduate, and it's termed that I'm a fairly obnoxious Coastal supporter at times, I would look forward to serving on the Coastal board, helping Coastal to continue to grow in both stature and size as we go forward. I would hope, too, that some of my experience, having worked in and around state government, having been a -- having served on the State Housing Finance & Development Authority for the last 12 years, I was appointed by Governor Campbell, two years I was appointed chairman of the board by Governor Beasley, I have yet to be unappointed by Governor Hodges, I would just hope that those experiences in working in and around state government would help. I'm an unabashed Coastal supporter.
CHAIRMAN PHILLIPS: Any questions of Mr. Spivey?
REPRESENTATIVE LITTLEJOHN: This State Housing Finance & Development Authority, that's not a salaried thing, is it?
MR. SPIVEY: No, sir. I'm a board member.
REPRESENTATIVE LITTLEJOHN: And do you own a land company?
MR. SPIVEY: Horry Land Company.
REPRESENTATIVE LITTLEJOHN: Is that what y'all do, lease land?
MR. SPIVEY: The Horry Land Company is going to be a first cousin to Kingston Company, yes.
REPRESENTATIVE LITTLEJOHN: Yeah.s.
MR. SPIVEY: It was all part of one bigger, much bigger company many years ago. And we do the same type thing, we own and operate a few businesses in Myrtle Beach primarily. We lease a few spots.
REPRESENTATIVE LITTLEJOHN: Do you like The Citadel life?
MR. SPIVEY: I liked The Citadel life a lot. That's mainly why I flunked out of The Citadel. I had a real good time at The Citadel.
REPRESENTATIVE LITTLEJOHN: I understand.
MR. SPIVEY: Which led to my graduating from Coastal a couple of years later.
CHAIRMAN PHILLIPS: Any other questions? None. Thank you, sir. What is the pleasure of the committee?
REPRESENTATIVE LITTLEJOHN: I move that we accept, Mr. Chairman.
REPRESENTATIVE MARTIN: Second.
CHAIRMAN PHILLIPS: Representative Littlejohn moved to accept, seconded by Ms. Martin. All those in favor signify by saying aye.

(All Respond Aye)

Printed Page 1983 . . . . . Tuesday, March 26, 2002

CHAIRMAN PHILLIPS: All right, sir, you may do the same, next Thursday at 12:00 o'clock you may ask for your commitments and tentatively scheduled the election is April the 9th ...
MR. SPIVEY: Very good.
CHAIRMAN PHILLIPS: ... at 12:30 that afternoon, hopefully. And with no other business, I believe we need to go to the House. Thank you very much.
(The Legislative Screening was concluded at 10:03 a.m.)

Received as information.

HOUSE TO MEET AT 12:00 NOON IN STATEWIDE SESSION ON TUESDAY, APRIL 2

Rep. HARRISON moved that when the House adjourns it adjourn to meet next in Local Session on Thursday, March 28, and in Statewide Session at 12:00 noon on Tuesday, April 2, which was agreed to.

H. 3307--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., March 20, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3307:

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

Printed Page 1984 . . . . . Tuesday, March 26, 2002

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

Very respectfully,
President

On motion of Rep. HARRELL, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HARRELL, KELLEY and SCOTT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

INVITATIONS

On motion of Rep. FLEMING, with unanimous consent, the following were taken up for immediate consideration and accepted:

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee

Printed Page 1985 . . . . . Tuesday, March 26, 2002

503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of National Guard Association of South Carolina the Members of the House of Representatives and staff are invited to a luncheon. This event will be held on the State House Grounds on April 2, 2002, beginning upon adjournment until 2:30 p.m.
Sincerely,
Lt. Colonel Madison Dye
President

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Association of Tourism Regions the Members of the House of Representatives and staff are invited to a reception. This event will be held at the Clarion Town House on April 2, 2002, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Tim Todd, Chair
Legislative Committee

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of Prevent Child Abuse South Carolina the Members of the House of Representatives and staff are invited to a breakfast. This

Printed Page 1986 . . . . . Tuesday, March 26, 2002

event will be held in Room 221 of the Blatt Building on April 3, 2002, from 8:00 a.m. to 10:00 a.m.
Sincerely,
Margaret M. Brantley
Director of Public Information

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of South Carolina Vocational Rehabilitation Association the Members of the House of Representatives are invited to a reception. This event will be held at the Sheraton on April 3, 2002, from 5:30 p.m. to 7:00 p.m.
Sincerely,
Neal Getsinger
President

March 9, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the Young Bankers Division of the South Carolina Bankers Association the Members of the House of Representatives are invited to an oyster roast. This event will be held at the University House, 911 South Stadium Road on April 9, 2002, from 6:00 p.m. to 8:00 p.m.
Sincerely,
E. Anne Gillespie
Senior Vice President

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee

Printed Page 1987 . . . . . Tuesday, March 26, 2002

503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the Palmetto Conservation Foundation the Members of the House of Representatives are invited to a breakfast. This event will be held at the Summit Club on April 10, 2002, beginning at 8:00 a.m.
Sincerely,
Kenneth Driggers

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of Maritime Association of the Port of Charleston the Members of the House of Representatives and staff are invited to a luncheon. This event will be held on State House Grounds on April 10, 2002, upon adjournment.
Sincerely,
John F. Hassell III
President

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of Clemson University Public Service Activities the Members of the House of Representatives and staff are invited to a reception. This event will be held at the Atrium of the South Carolina State Museum on April 10, 2002, from 6:00 p.m. to 8:30 p.m.
Sincerely,
Louise H. Newell
Administrative Coordinator

Printed Page 1988 . . . . . Tuesday, March 26, 2002

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of The Citadel Alumni Association the Members of the House of Representatives, their spouses and attaches are invited to a barbeque. This event will be held at the Cantey Building at the State Fairgrounds on April 16, 2002, from 6:30 p.m. to 10:00 p.m.
Sincerely,
Michael F. Rogers
Executive Director

February 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:
On behalf of Transportation Association of South Carolina the Members of the House of Representatives are invited to a breakfast. This event will be held at the Clarion Town House on April 17, 2002, from 8:00 a.m. to 8:45 a.m.
Sincerely,
Benedict Shogaolu
President

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of South Carolina Aviation Association the Members of the House of Representatives are invited to a luncheon. This event will

Printed Page 1989 . . . . . Tuesday, March 26, 2002

be held at Capitol City Club on April 17, 2002, from noon until 1:30 p.m.
Sincerely,
Leigh Faircloth
SCAA Administrative Manager

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of South Carolina Association of Municipal Power Systems the Members of the House of Representatives are invited to a reception. This event will be held at Seawell's on April 17, 2002, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Greg Dietterick
Seneca Light & Water
President

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of South Carolina State Fireman's Association and the Division of Fire and Life Safety of the Department of Labor, Licensing and Regulation the Members of the House of Representatives and staff are invited to a luncheon. This event will be held on State House Grounds on April 23, 2002, upon adjournment.
Sincerely,
Chief Bruce Kline
President

Printed Page 1990 . . . . . Tuesday, March 26, 2002

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Beer Association the Members of the House of Representatives are invited to a reception. This event will be held in our offices and beer garden at 1114 College Street on April 23, 2002, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Kay Fortune
Executive Director

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of The Blue Marlin and Willy's the Members of the House of Representatives are invited to a reception. This event will be held at 1200 Lincoln Street in the Vista on April 24, 2002, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Bill Dukes

March 26, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the Society of the Plastics Industry, Inc. the Members of the House of Representatives are invited to a reception. This event

Printed Page 1991 . . . . . Tuesday, March 26, 2002

will be held at Capitol City Club on April 30, 2002, from 5:30 p.m. until 7:30 p.m.
Sincerely,
Pamela Rastatter, Manager
SPI Southern Region

REPORTS OF STANDING COMMITTEE

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

H. 3592 (Word version) -- Reps. Rodgers, Bowers, Gilham, Hosey, Rivers and R. Brown: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF A PERSON TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION FROM A COUNTY THAT IS DIVIDED AMONG TWO OR MORE DEPARTMENT OF TRANSPORTATION DISTRICTS, AND TO TERM LIMITATIONS IMPOSED UPON DEPARTMENT OF TRANSPORTATION COMMISSION MEMBERS, SO AS TO ALLOW A COMMISSIONER TO SERVE TWO CONSECUTIVE TERMS AND TO PROVIDE THAT A RESIDENT COMMISSION MEMBER WHO COMPLETES A SECOND CONSECUTIVE TERM MUST BE REPLACED BY A PERSON WHO RESIDES IN ANOTHER COUNTY WITHIN THE DISTRICT.
Ordered for consideration tomorrow.

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

H. 4469 (Word version) -- Reps. Klauber and Taylor: A JOINT RESOLUTION TO PROVIDE THAT LOCAL SCHOOL BOARDS FOR SCHOOL YEAR 2001-2002 MAY EXCUSE UP TO THREE SCHOOL DAYS MISSED BECAUSE OF SNOW, ICE, OR INCLEMENT WEATHER, TO PROVIDE THAT ALL OTHER SCHOOL DAYS MISSED BECAUSE OF INCLEMENT WEATHER MUST BE MADE UP, AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH SUCH DAYS SHALL BE MADE UP.
Ordered for consideration tomorrow.

Printed Page 1992 . . . . . Tuesday, March 26, 2002

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 4961 (Word version) -- Reps. Wilkins, 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, Perry, Phillips, Quinn, Rhoad, Rice, 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, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO COMMEND MICHELIN NORTH AMERICA FOR ITS WONDERFUL PARTNERSHIP ACTIVITIES WITH LOCAL COMMUNITY ORGANIZATIONS AND VOLUNTEERS WHO SERVE THE COMMUNITIES WHERE THE COMPANY HAS OPERATING LOCATIONS, INCLUDING GREENVILLE, AND TO DECLARE THURSDAY, MARCH 28, 2002, AS "MICHELIN COMMUNITY PARTNERS DAY" IN GREENVILLE.

Whereas, Michelin North America for many years has entered into partnerships with organizations who serve the communities where the company has operating locations; and

Whereas, one such partnership is in Greenville where these community partners have made forward strides in bettering the lives of Greenville's citizens through their vital work and tremendous effort; and

Whereas, Michelin North America has endeavored to recognize each of its community partners and to likewise celebrate the spirit of volunteers; and

Printed Page 1993 . . . . . Tuesday, March 26, 2002

Whereas, Michelin North America strives to make a positive impact in the community with diversified partnerships in the areas of education, youth development, and community enhancement; and

Whereas, the members of the House of Representatives, by this resolution, desire to publicly recognize Michelin North America for its outstanding efforts in establishing these community partnerships. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives hereby commends Michelin North America for its wonderful partnership activities with local community organizations and volunteers who serve the communities where the company has operating locations, including Greenville, and declares Thursday, March 28, 2002, as "Michelin Community Partners Day" In Greenville.

Be it further resolved that a copy of this resolution be forwarded to Michelin North America.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4962 (Word version) -- Reps. Webb, Rice and Trotter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE TWO-MILE PORTION OF STATE HIGHWAY 93 IN CLEMSON THAT RUNS FROM U.S. HIGHWAY 76 TO THE OCONEE COUNTY LINE (LAKE HARTWELL) IN PICKENS COUNTY THE "WALTER T. COX BOULEVARD" IN HONOR OF CLEMSON UNIVERSITY ICON, WALTER THOMPSON COX, WHO HAS SERVED AS COACH, DEAN, AND PRESIDENT OF CLEMSON FOR MORE THAN SIXTY-FIVE YEARS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS THE "WALTER T. COX BOULEVARD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

Printed Page 1994 . . . . . Tuesday, March 26, 2002

CONCURRENT RESOLUTION

The following was introduced:

H. 4963 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY FOR THE NEED TO ELIMINATE THE HEALTH DISPARITIES AMONG THE CITIZENS OF SOUTH CAROLINA AND FOR THE STATE OF SOUTH CAROLINA TO SUPPORT STUDIES, POLICIES, AND PRACTICES DEDICATED TO THE ELIMINATION OF THESE HEALTH DISPARITIES AND TO THE REDUCTION OF BARRIERS TO ADEQUATE HEALTH CARE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1152 (Word version) -- Senators Land and Leventis: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO ALL THE FAMILY AND FRIENDS OF MR. CLIFTON C. GOODWIN, JR., OF SUMTER COUNTY, UPON LEARNING OF HIS PASSING AND TO PAUSE TO RECOGNIZE HIS SELFLESS ACTS OF SERVICE TO HIS NATION, STATE, AND COMMUNITY.

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

HOUSE RESOLUTION

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

H. 4964 (Word version) -- Rep. Miller: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE GEORGETOWN MIDDLE SCHOOL CHEERLEADING SQUAD AND COACH CAROLYN CASSELMAN ON A DATE AS DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED ON WINNING THE NATIONAL CHEERLEADING CHAMPIONSHIP.

Printed Page 1995 . . . . . Tuesday, March 26, 2002

Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina, by this resolution, extends the privilege of the floor of the House of Representatives to the Georgetown Middle School Cheerleading Squad and Coach Carolyn Casselman at a time and on a date as determined by the Speaker for the purpose of being recognized and honored on winning the National Cheerleading Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4965 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION CONGRATULATING THE GEORGETOWN MIDDLE SCHOOL CHEERLEADING SQUAD ON WINNING THE ECA NATIONAL CHEERLEADING CHAMPIONSHIP IN WILLIAMSBURG, VIRGINIA.

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

INTRODUCTION OF BILLS

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

H. 4966 (Word version) -- Reps. R. Brown, Whipper, Clyburn, Knotts, Hosey, Allen, Breeland, Emory, Hamilton, Haskins, Hayes, J. Hines, Lee, Lloyd, Mack, J. M. Neal, Rodgers, F. N. Smith and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT BEGINNING IN 2004, MEMBERS OF THE HOUSE OF REPRESENTATIVES MUST BE CHOSEN EVERY FOURTH INSTEAD OF EVERY SECOND YEAR; TO AMEND SECTION 8, ARTICLE III, RELATING TO ELECTION OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT MEMBERS OF THE HOUSE BE ELECTED EVERY FOURTH INSTEAD OF EVERY SECOND YEAR.
Referred to Committee on Judiciary

Printed Page 1996 . . . . . Tuesday, March 26, 2002

H. 4967 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT LOAN CORPORATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2625, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4968 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 47-9-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF BRANDS, SO AS TO PROVIDE THAT A REGISTERED BRAND IS THE PROPERTY OF THE PERSON ADOPTING AND REGISTERING THE BRAND, HIS HEIRS AND ASSIGNS, UNTIL AND UNLESS THE BRAND IS CANCELLED OR REVOKED AS PROVIDED IN THIS ARTICLE; TO AMEND SECTION 47-9-340, RELATING TO CANCELLATION OF REGISTRATION, SO AS TO DELETE AN OBSOLETE PROVISION; AND TO REPEAL SECTIONS 47-9-310 AND 47-9-320 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4969 (Word version) -- Reps. Simrill and McGee: A BILL TO AMEND SECTION 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS.
Referred to Committee on Ways and Means

H. 4970 (Word version) -- Reps. Wilkins, Carnell, A. Young, Govan, Rice and Barrett: A BILL TO AMEND SECTION 2-3-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS ELECTED BY THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY, SO AS TO DELETE A REFERENCE TO ASSISTANT SERGEANT AT ARMS; TO AMEND SECTION 2-3-100, RELATING TO THE AUTHORITY OF THE SERGEANT AT ARMS OF THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY

Printed Page 1997 . . . . . Tuesday, March 26, 2002

OVER CERTAIN PROPERTY ON THE STATE HOUSE GROUNDS, SO AS TO INCLUDE ANY OFFICE BUILDING OCCUPIED BY THE RESPECTIVE BODIES; TO AMEND SECTION 10-1-10, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FOR THE SAFETY AND SECURITY OF THE STATE HOUSE GROUNDS, SO AS TO CLARIFY THE BOARD'S AUTHORITY; TO AMEND SECTION 10-1-30, AS AMENDED, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DIVISION OF GENERAL SERVICES TO AUTHORIZE THE USE OF THE STATE HOUSE, SO AS TO INCLUDE THE AUDITORIUM AND MAKE CERTAIN TECHNICAL CHANGES; TO AMEND SECTION 10-1-40, RELATING TO THE COMPOSITION AND AUTHORITY OF THE STATE HOUSE COMMITTEE, SO AS TO CLARIFY THE COMMITTEE'S AUTHORITY; TO AMEND SECTION 10-11-310, RELATING TO THE DEFINITION OF CAPITOL GROUNDS, SO AS TO CHANGE THE DEFINITION TO CAPITOL COMPLEX OR STATE HOUSE GROUNDS AND TO DELETE A REFERENCE TO SENATE STREET AND ADD A REFERENCE TO PENDLETON STREET; AND TO AMEND SECTION 60-12-90, RELATING TO THE AUTHORITY OF THE STATE HOUSE COMMITTEE TO APPROVE ALTERATIONS OR RENOVATIONS TO THE STATE HOUSE, SO AS TO DELETE A REFERENCE TO CAPITOL COMPLEX.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4971 (Word version) -- Reps. R. Brown, G. Brown, Moody-Lawrence, Whipper, Hosey, Allen, Breeland, Emory, Hamilton, J. Hines, Lee, Lloyd, Mack, J. M. Neal, Rodgers, F. N. Smith and Trotter: A BILL TO AMEND SECTION 2-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION DATE FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THE ELECTION DATE IS THE TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVERY OTHER EVEN-NUMBERED YEAR; TO AMEND SECTION 2-1-40, RELATING TO THE TERM OF OFFICE FOR THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THE TERM IS FOUR YEARS.
Referred to Committee on Judiciary

Printed Page 1998 . . . . . Tuesday, March 26, 2002

H. 4972 (Word version) -- Rep. Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-7-15 SO AS TO ALLOW LIFE AND HEALTH INSURERS TO ELECT TO PAY THE GENERAL CORPORATE TAX ON NET INCOME INSTEAD OF THE PREMIUM TAX; BY ADDING SECTION 38-7-95 SO AS TO CREATE A LIMITED EMPLOYMENT TAX CREDIT AGAINST EITHER THE PREMIUM TAX OR THE INCOME TAX FOR ALL INSURANCE COMPANIES BASED UPON A PERCENTAGE OF NONCOMMISSION COMPENSATION PAID TO SOUTH CAROLINA EMPLOYEES; TO AMEND SECTION 12-6-50, RELATING TO INTERNAL REVENUE CODE SECTIONS SPECIFICALLY NOT ADOPTED BY THE STATE, SO AS TO PRESERVE INTERNAL REVENUE CODE SECTIONS 801 THROUGH 845 FROM EXCLUSION IN THE CASE OF LIFE AND HEALTH INSURERS ELECTING TO PAY THE INCOME TAX; TO AMEND SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM TAXES IMPOSED BY SECTIONS 12-6-530 AND 12-6-540, SO AS TO EXCLUDE LIFE AND HEALTH INSURERS ELECTING TO PAY THE INCOME TAX FROM THE EXEMPTION; TO AMEND SECTION 2-6-2290, RELATING TO THE APPORTIONMENT OF REMAINING NET INCOME WHERE PRINCIPAL PROFITS OR INCOME DERIVED FROM SOURCES NOT OTHERWISE DESCRIBED, SO AS TO PROVIDE FOR THE APPORTIONMENT OF LIFE AND HEALTH INSURER INCOME ALLOCATED TO SOUTH CAROLINA ACCORDING TO A ONE-FACTOR FORMULA BASED ON PREMIUMS; TO AMEND SECTION 12-6-5020, RELATING TO THE AUTHORIZED FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN, SO AS TO PROVIDE RULES PERTAINING TO CONSOLIDATED RETURNS FOR LIFE AND HEALTH INSURERS ELECTING TO PAY THE INCOME TAX; TO AMEND SECTION 38-7-90, RELATING TO RETALIATORY TAXES, SO AS TO PROVIDE AN EXEMPTION UNDER CERTAIN CIRCUMSTANCES FOR LIFE AND HEALTH INSURERS DOMICILED IN ANOTHER STATE; TO AMEND SECTION 38-7-160, RELATING TO MUNICIPAL LICENSE FEES AND TAXES, SO AS TO PROVIDE LIFE AND HEALTH INSURERS A CREDIT FOR MUNICIPAL TAXES AGAINST PREMIUM OR INCOME TAXES, AND TO LIMIT MUNICIPAL TAXES BASED ON PREMIUMS; TO AMEND SECTION 38-7-190, RELATING TO TAX CREDITS, SO AS TO PROVIDE THAT SPECIFIED TAX CREDITS MAY NOT BE

Printed Page 1999 . . . . . Tuesday, March 26, 2002

RECAPTURED FROM FOREIGN INSURANCE COMPANIES THROUGH THE RETALIATORY TAX PROVIDED UNDER SECTION 38-7-90; AND TO AMEND SECTION 38-29-160, RELATING TO PRODUCTION OF THE CERTIFICATE OF CONTRIBUTIONS, THE OFFSET OF A WRITE-OFF AGAINST TAX LIABILITY, AND THE PAYMENT OF CERTAIN REFUNDS TO THE STATE, SO AS TO EXTEND THE PREMIUM TAX OFFSET FOR LIFE AND HEALTH GUARANTY ASSOCIATION ASSESSMENTS TO THE INCOME TAX.
Referred to Committee on Labor, Commerce and Industry

H. 4973 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-480 SO AS TO PROVIDE FOR A REFUND OF SCHOOL TAXES ON REAL AND PERSONAL PROPERTY OF PARENTS OR GUARDIANS OF HOME-SCHOOL STUDENTS OR PRIVATE SCHOOL STUDENTS AND TO PROVIDE THE METHOD OF OBTAINING THE REFUND.
Referred to Committee on Ways and Means

H. 4974 (Word version) -- Rep. Scott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES ONLY TO THE GOVERNOR, CONSTITUTIONAL OFFICERS, AND MEMBERS OF THE GENERAL ASSEMBLY AND APPLIES ALSO TO PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
Rep. SCOTT asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. ALTMAN objected.
Referred to Committee on Judiciary

H. 4976 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 44-76-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS TRAINING AND USE REQUIREMENTS FOR PERSONS DESIGNATED AS AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USERS, SO AS TO REQUIRE THE ENTITY THAT ACQUIRES AN AED TO NOTIFY THE LOCAL

Printed Page 2000 . . . . . Tuesday, March 26, 2002

EMERGENCY MEDICAL SERVICES PROVIDER OF THE LOCATION OF THE AED AND TO PROVIDE THAT THE REQUIRED TRAINING MAY BE A COURSE APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4977 (Word version) -- Reps. Knotts, Rivers, G. M. Smith, J. H. Neal, Taylor, Wilkins, Whatley, Lourie, J. E. Smith, Kelley, Weeks, Altman, Bales, Barfield, Battle, Bingham, Bowers, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Emory, Fleming, Frye, Gilham, Gourdine, Govan, Harrison, J. Hines, Howard, Huggins, Jennings, Keegan, Klauber, Limehouse, Lucas, Martin, McGee, Miller, J. M. Neal, Ott, Rice, Rodgers, Scarborough, Sharpe, Simrill, D. C. Smith, W. D. Smith, Snow, Stille, Townsend, Trotter, Webb, A. Young and J. Young: A BILL TO AMEND CHAPTER 8, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, BY ADDING ARTICLE 5 SO AS TO ENACT THE "CRIMINAL STREET GANG PREVENTION ACT", TO INCLUDE DEFINITIONS RELATING TO CRIMINAL STREET GANGS AND CRIMINAL STREET GANG ACTIVITY; TO PROVIDE THAT IT IS UNLAWFUL TO ACTIVELY PARTICIPATE IN A CRIMINAL STREET GANG WITH KNOWLEDGE THAT ITS MEMBERS ENGAGE IN A PATTERN OF CRIMINAL STREET GANG ACTIVITY; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN THE COMMISSION OF A CRIMINAL ACT OR DELINQUENCY FOR THE PURPOSE OF BENEFITING, PROMOTING, OR FURTHERING THE INTERESTS OF A CRIMINAL STREET GANG; TO PROVIDE FOR ENHANCED SENTENCING FOR THE COMMISSION OF A CRIMINAL ACT OR DELINQUENCY FOR THE PURPOSE OF BENEFITING, PROMOTING, OR FURTHERING THE INTERESTS OF A CRIMINAL STREET GANG; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO RECRUIT ANOTHER PERSON TO JOIN A CRIMINAL STREET GANG OR TO DISSUADE ANOTHER PERSON FROM WITHDRAWING FROM A CRIMINAL STREET GANG; TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO THREATEN OR USE VIOLENCE WHEN SOLICITING OR RECRUITING ANOTHER TO

Printed Page 2001 . . . . . Tuesday, March 26, 2002

PARTICIPATE IN A CRIMINAL STREET GANG; TO PROVIDE THAT IT IS UNLAWFUL TO DISSUADE OR PREVENT ANOTHER PERSON FROM TESTIFYING IN CERTAIN TRIALS, PROCEEDINGS, OR INQUIRIES; TO PROVIDE THAT PROPERTY, PROCEEDS, AND PROFITS DERIVED FROM OR USED TO FACILITATE THE CRIMINAL ACTIVITY OF A CRIMINAL STREET GANG OR MEMBER OF A CRIMINAL STREET GANG IS CONTRABAND SUBJECT TO FORFEITURE; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO DEFACE THE REAL OR PERSONAL PROPERTY OF ANOTHER WITH GRAFFITI OR TO POSSESS AN INSTRUMENT OF GRAFFITI; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON IN A MOTOR VEHICLE TO PARTICIPATE IN A DRIVE-BY SHOOTING OR TO UNLAWFULLY DISCHARGE A FIREARM OR WEAPON IN THE GENERAL DIRECTION OF ANOTHER PERSON OUTSIDE THE MOTOR VEHICLE; TO PROVIDE THAT PRIVATE BUILDINGS USED IN CRIMINAL GANG ACTIVITY ARE A NUISANCE AND FOR THE ABATEMENT OF NUISANCES; TO CREATE A CIVIL CAUSE OF ACTION IN FAVOR OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE FOR DAMAGES CAUSED BY CRIMINAL GANG ACTIVITY; TO PROVIDE THAT THE IDENTITY OF AN INFORMANT AND MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, ARE EXEMPT FROM DISCOVERY OR DISCLOSURE IN CIVIL ACTIONS BROUGHT UNDER THIS ARTICLE; TO PROVIDE THAT IT IS UNLAWFUL FOR A MEMBER OF A STREET GANG TO OWN OR POSSESS A FIREARM, AMMUNITION, OR DANGEROUS WEAPON THAT IS CAPABLE OF BEING USED IN A PATTERN OF CRIMINAL GANG ACTIVITY OR IN THE COMMISSION OF A CRIMINAL ACT OR DELINQUENCY FOR THE PURPOSE OF BENEFITING, PROMOTING, OR FURTHERING THE INTERESTS OF A CRIMINAL STREET GANG, AND FOR THE SEIZURE AND FORFEITURE OF FIREARMS, AMMUNITION, OR DANGEROUS WEAPONS IN THE POSSESSION OF A MEMBER OF A CRIMINAL STREET GANG; TO PROVIDE FOR NOTICE TO SHERIFFS AND LAW ENFORCEMENT AGENCIES WHEN A PERSON IN CUSTODY OR KNOWN FOR CRIMINAL GANG ACTIVITY IS RELEASED FROM CUSTODY; TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE DO NOT APPLY TO

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EMPLOYEES LAWFULLY ENGAGED IN COLLECTIVE BARGAINING ACTIVITIES FOR THEIR MUTUAL AID AND PROTECTION, OR THE LAWFUL ACTIVITIES OF LABOR ORGANIZATIONS OR THEIR MEMBERS OR AGENTS; TO PROVIDE THAT THIS ARTICLE DOES NOT PREVENT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY FROM ADOPTING AND ENFORCING CERTAIN ORDINANCES RELATING TO CRIMINAL STREET GANGS AND GANG VIOLENCE; AND TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION MUST DEVELOP A STATEWIDE CRIMINAL STREET GANG DATABASE TO FACILITATE THE EXCHANGE OF CERTAIN INFORMATION BETWEEN LAW ENFORCEMENT AGENCIES RELATING TO CRIMINAL STREET GANGS AND GANG-RELATED INCIDENTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE.
Referred to Committee on Judiciary

S. 561 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-26-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF CONDITIONAL TEACHING CERTIFICATES BY THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE AWARDING OF CONDITIONAL CERTIFICATES AND PROVIDE THAT THE BOARD MAY AWARD A TEMPORARY TEACHING CREDENTIAL, UNDER CERTAIN CONDITIONS, TO A PERSON CHANGING CAREERS WHO DOES NOT QUALIFY FOR A PROFESSIONAL CERTIFICATE.
Referred to Committee on Education and Public Works

S. 675 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "REDEVELOPMENT PROJECT" UNDER THE TAX INCREMENT FINANCING LAW, SO AS TO AUTHORIZE A REDEVELOPMENT TO BE LOCATED OUTSIDE OF THE REDEVELOPMENT AREA IF A MUNICIPALITY MAKES SPECIFIC FINDINGS OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA; TO AMEND SECTION 31-6-70, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY PROVIDING FOR THE APPROVAL OF A REDEVELOPMENT PLAN, SO AS TO LENGTHEN FROM FIVE

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TO TEN YEARS THE PERIOD WITHIN WHICH A MUNICIPALITY MAY ISSUE OBLIGATIONS TO FINANCE A REDEVELOPMENT PROJECT AND TO AUTHORIZE OBLIGATIONS TO BE ISSUED SUBSEQUENT TO THE INITIAL TEN-YEAR PERIOD; AND TO AMEND SECTION 31-6-80, AS AMENDED, RELATING TO APPROVAL OF A REDEVELOPMENT PLAN AND ADOPTION OF AN ORDINANCE, SO AS TO REQUIRE A MUNICIPALITY TO MAKE A SPECIFIC FINDING OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA AND PROVIDE WRITTEN NOTICE TO THE AFFECTED TAXING DISTRICT IF THE PROJECT OR A PORTION OF IT IS LOCATED OUTSIDE OF THE REDEVELOPMENT PROJECT AREA.
Referred to Committee on Ways and Means

S. 1139 (Word version) -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO FURTHER PROVIDE FOR THE COMPOSITION AND QUALIFICATIONS OF MEMBERS OF THE HOSPITAL DISTRICT BOARD OF TRUSTEES.
Referred to Clarendon Delegation

CONCURRENT RESOLUTION

The following was introduced:

H. 4975 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE KEITH MCALISTER, PRINCIPAL OF LEWISVILLE HIGH SCHOOL IN CHESTER COUNTY, FOR HIS BEING NAMED 1A PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ATHLETIC ADMINISTRATORS ASSOCIATION, AND TO WISH HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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                  Altman                 Bales
Barfield               Barrett                Battle

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Bingham                Bowers                 Breeland
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Hamilton
Harrell                Harrison               Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Owens
Parks                  Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Rivers                 Rodgers
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                Whipper                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

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STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 26.

Creighton Coleman                 Todd Rutherford
Bill Cotty                        Grady Brown
Denny Neilson                     Alex Harvin
Jerry Govan                       Fletcher Smith

Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ALLISON a leave of absence due to family medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STUART a leave of absence due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. William F. Ward of Sumter is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. ~~After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added.~~ A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or

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addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number: H. 4767 (Word version)
Date: ADD:
03/26/02 HAMILTON

CO-SPONSOR ADDED

Bill Number: H. 4500 (Word version)
Date: ADD:
03/26/02 HAYES

ORDERED TO THIRD READING

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

H. 4644 (Word version) -- Reps. Carnell, Klauber and Parks: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE DAYS MISSED IN THE 2001-2002 SCHOOL YEAR BY THE STUDENTS OF A SCHOOL IN GREENWOOD COUNTY SCHOOL DISTRICT 51 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.

H. 4670 (Word version) -- Reps. Harrison, Haskins and Martin: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE, AND TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A

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DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED.

Rep. TOWNSEND explained the Bill.

H. 4818 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60, RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.

Rep. STILLE explained the Bill.

H. 4644--ORDERED TO BE READ THIRD TIME THURSDAY

On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 4644 (Word version) be read the third time Thursday.

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H. 4670--ORDERED TO BE READ THIRD TIME THURSDAY

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4670 (Word version) be read the third time Thursday.

H. 4818--ORDERED TO BE READ THIRD TIME THURSDAY

On motion of Rep. STILLE, with unanimous consent, it was ordered that H. 4818 (Word version) be read the third time Thursday.

H. 4641--DEBATE ADJOURNED

Rep. LOFTIS moved to adjourn debate upon the following Bill until Wednesday, March 27, which was adopted:

H. 4641 (Word version) -- Rep. Cato: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NONFRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN PRE-LICENSING AND CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NONFRANCHISE AUTOMOBILE DEALERS.

H. 4014--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4014 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE EMPLOYMENT SECURITY COMMISSION AND TO RESTRICT THE INFORMATION AND REPORTS FOR CERTAIN USES; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE

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ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

Rep. CATO explained the Senate Amendments.

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

H. 3032--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3032 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-19-660 SO AS TO ALLOW A PROFESSIONAL CORPORATION TO DESIGNATE IN WRITING AN EMPLOYEE OR AGENT WHO MAY REPRESENT THE CORPORATION IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

Rep. HARRISON explained the Senate Amendments.

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

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MOTION PERIOD

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

S. 182--FREE CONFERENCE POWERS GRANTED

Rep. DELLENEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.

The yeas and nays were taken resulting as follows:

Yeas 83; Nays 16

Those who voted in the affirmative are:

Allen                  Altman                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Brown, J.
Campsen                Carnell                Cato
Chellis                Clyburn                Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Harrell                Harrison               Haskins
Hayes                  Hines, M.              Hinson
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Koon
Law                    Leach                  Limehouse
Lourie                 Lucas                  Martin
McCraw                 McLeod                 Meacham-Richardson
Merrill                Miller                 Neal, J.M.
Owens                  Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Rivers                 Rodgers

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Sandifer               Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Talley
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--83

Those who voted in the negative are:

Breeland               Brown, G.              Davenport
Hamilton               Hines, J.              Hosey
Lee                    Lloyd                  Mack
Parks                  Rutherford             Scarborough
Scott                  Sheheen                Thompson
Weeks

Total--16

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. LAW, WILDER and DELLENEY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 182--FREE CONFERENCE REPORT ADOPTED

FREE CONFERENCE REPORT
S. 182
The General Assembly, Columbia, S.C., March 12, 2002

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A

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PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 6/7/01)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Section 16-3-20(C)(a)(7) of the 1976 Code is amended to read:

"(7) The murder of a federal, state, or local law enforcement officer or former federal, state, or local law enforcement officer, peace officer or former peace officer, corrections ~~employee~~ officer or former corrections ~~employee~~ officer, including a county or municipal corrections officer or a former county or municipal corrections officer, a county or municipal detention facility employee or former county or municipal detention facility employee, or fireman or former fireman during or because of the performance of his official duties."

SECTION 2. Section 16-11-110 of the 1976 Code is amended to read:

"Section 16-11-110. (A) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures ~~the~~ a burning that results in damage of to a building, structure, or any property specified in subsections (B) and (C) whether the property of himself or another, which results, either directly or indirectly, in death or serious bodily injury to a person is guilty of arson in the first degree and, upon conviction, must be imprisoned not less than ten nor more than thirty years.

(B) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning that results in damage of to a dwelling house, church or place of worship, a public or private school facility, a manufacturing plant or warehouse, a building where business is conducted, an institutional facility, or any structure designed for human occupancy to include local and municipal buildings, whether the property of himself or another, is guilty of arson in the second degree and, upon conviction, must be imprisoned not less than five nor more than twenty-five years.

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(1) causes an explosion, sets fire to, burns, or causes ~~to be burned~~ a burning which results in damage to a building or structure other than those specified in subsections (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property; or

(2) aids, counsels, or procures ~~the~~ a burning that results in damage of to a building or structure other than those specified in subsections (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property with intent to destroy or damage by explosion or fire; whether the property of himself or another, is guilty of arson in the third degree and, upon conviction, must be imprisoned not less than one and not more than ten years.

(D) For purposes of this section, 'damage' means an application of fire or explosive that results in burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of a building, structure, or any property specified in this section."

SECTION 3. Section 40-80-20 of the 1976 Code, as added by Act 60 of 2001, is amended read:

"Section 40-80-20. (A)(1) Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.

~~(B)~~(2) The cost of the criminal records check must not exceed eight dollars.

(3) A criminal records check is not required for a firefighter employed as of June 30, 2001, if the firefighter is employed with the same fire department that he was employed with on June 30, 2001. Upon separation from the fire department that he was employed with on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40.

(B)(1) After June 30, 2001, a person must not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty or nolo contendere to:

(a) a felony;

(b) arson or any other offense provided in Article 3, Chapter 11, Title 16; or

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(2) The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere.

(C) A person who is convicted, pleads guilty or no contest, or otherwise admits guilt, regardless of adjudication, to a felony, arson related crime, use of an illegal substance, or abuse of a controlled substance within the last ten years, shall not be allowed to perform firefighting duties in the State of South Carolina on or after July 1, 2001. After the expiration of the ten-year period, it is within a fire ~~chief has~~ ~~the option and~~ chief's or other employer's discretion to determine whether or not to ~~hire~~ allow a person with a criminal record ~~as a firefighter~~ to perform firefighting duties.
~~(D) A criminal records check is not required for a firefighter employed on or before June 30, 2001.~~"

SECTION 4. Notwithstanding any other provision of law, the State Law Enforcement Division is not required to implement those provisions of Section 56-5-2934 as contained in Section 9 of Act 390 of 2000 pertaining to the compulsory process for obtaining witnesses until such time that the General Assembly provides funding for the program. The State Law Enforcement Division must reassess the costs necessary to implement this program and present information regarding the costs to the House Ways and Means Committee and the Senate Finance Committee during each committee's budget hearings for fiscal year 2003-2004.

SECTION 5. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date./

Amend title to conform.

Chauncey K. Gregory               F. Gregory "Greg" Delleney, Jr.
C. Bradley Hutto                  Donny Wilder
John D. Hawkins                   James N. Law
On Part of the Senate.            On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

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H. 3450--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3450 (Word version) -- Reps. Bingham, Knotts, Lourie, J. E. Smith, Stuart and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR THE OFFENSE OF MISDEMEANOR DEATH BY A VEHICLE, AND TO PROVIDE A PENALTY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22356CM02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1, and inserting:
/ SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-2925. (A) A person who unintentionally causes the death of another person while violating a state law or local ordinance which applies to the operation or use of a vehicle or to the regulation of traffic, and the violation is the proximate cause of the accident, is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(B) For the purposes of this section, 'state law or ordinance which applies to the operation or use of the vehicle or to the regulation of traffic' does not include the offenses of causing great bodily injury or death by operating a vehicle while under the influence of alcohol, drugs, or the combination of both, or reckless homicide." /
Amend totals and title to conform.

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

Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\10958HTC02):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. The 1976 Code is amended by adding:

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all operators of motor vehicles who are involved in the accident and upon the decedent if he was not an operator of a motor vehicle." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. RICE explained the amendment.

Rep. WHIPPER moved to table the amendment.

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

Yeas 13; Nays 82

Those who voted in the affirmative are:

Allen                  Altman                 Battle
Hines, J.              Hines, M.              Lloyd
Mack                   McCraw                 Moody-Lawrence
Scott                  Sheheen                Weeks
Whipper

Total--13

Those who voted in the negative are:

Bales                  Barfield               Barrett
Bingham                Bowers                 Brown, G.
Campsen                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Gourdine               Hamilton
Harrison               Haskins                Hayes
Hinson                 Huggins                Jennings
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
McLeod                 Meacham-Richardson     Merrill
Miller                 Neal, J.H.             Neal, J.M.
Neilson                Ott                    Owens
Perry                  Phillips               Quinn

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Rhoad                  Rice                   Riser
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stille                 Talley
Taylor                 Thompson               Townsend
Tripp                  Vaughn                 Walker
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Total--82

So, the House refused to table the amendment.

POINT OF ORDER

Rep. ALTMAN raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. ALTMAN spoke against the amendment.

RECURRENCE TO THE MORNING HOUR

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

Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of Amendment No. 2.

CONCURRENT RESOLUTION

The following was introduced:

H. 4978 (Word version) -- Rep. J. H. Neal: A CONCURRENT RESOLUTION TO COMMEND PROFESSOR JOHN EVANS ATTA MILLS FOR HIS SIGNIFICANT AND COPIOUS CONTRIBUTIONS TO THE REPUBLIC OF GHANA AND TO THE WORLD.

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

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INTRODUCTION OF BILLS

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

H. 4979 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 12-6-1120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MODIFICATIONS TO GROSS INCOME FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO EXCLUDE FROM SOUTH CAROLINA GROSS INCOME GAIN RECEIVED BY THE TAXPAYER FOR REAL PROPERTY AND ANY IMPROVEMENTS LOCATED THEREON CONDEMNED PURSUANT TO CHAPTER 2 OF TITLE 28, THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE ACT.
Referred to Committee on Ways and Means

H. 4980 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARNINGS LIMITATION APPLICABLE TO MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHEN THEY ARE HIRED BY A COVERED EMPLOYER UNDER THAT SYSTEM, SO AS TO CLARIFY THAT THE DECISION TO HIRE A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM IS AT THE SOLE DISCRETION OF THE COVERED EMPLOYER.
Referred to Committee on Ways and Means

H. 4981 (Word version) -- Reps. Lourie and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-365 SO AS TO PROVIDE SPECIFIC PENALTIES FOR THEFT OF A CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO DELETE THE PROVISION ALLOWING DISPENSING OF UP TO ONE HUNDRED TWENTY DOSAGE UNITS OF A CONTROLLED SUBSTANCE AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT'S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS AND TO PROMULGATE REGULATIONS RELATING TO EXEMPTIONS FROM HYPODERMIC NEEDLE REQUIREMENTS,

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SO AS TO DELETE THE PROVISIONS REGARDING THE DEPARTMENT'S AUTHORITY TO AUDIT RECORDS AND TO PROMULGATE REGULATIONS; AND TO REPEAL SECTIONS 44-53-910, 44-53-920, AND 44-53-940 ALL RELATING TO THE RETAIL SALE OF HYPODERMIC NEEDLES, RECORDS PERTAINING TO THESE SALES, AND TO CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.
Referred to Committee on Judiciary

H. 4982 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A BILL TO AMEND SECTION 7-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN CHEROKEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND.
On motion of Rep. PHILLIPS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4983 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF PHYSICIANS, BY ADDING ARTICLE 7 SO AS TO ENACT THE "ACUPUNCTURE ACT OF SOUTH CAROLINA" AND TO ESTABLISH THE ACUPUNCTURE ADVISORY BOARD TO THE STATE BOARD OF MEDICAL EXAMINERS, TO ESTABLISH CRITERIA FOR LICENSURE OF ACUPUNCTURISTS AND AURICULAR DETOXIFICATION SPECIALISTS, TO FURTHER PROVIDE FOR THE REGULATION OF ACUPUNCTURISTS AND AURICULAR DETOXIFICATION SPECIALISTS; TO PROVIDE GRANDFATHER PROVISIONS FOR LICENSURE OF ANY INDIVIDUAL CONTINUOUSLY PRACTICING ACUPUNCTURE IN THIS STATE SINCE 1980; AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING, RESPECTIVELY, TO REQUIRING WRITTEN APPROVAL FOR AN ACUPUNCTURIST TO PRACTICE IN THIS STATE AND TO AN EXCEPTION TO THIS REQUIREMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

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OBJECTION TO RECALL

Rep. OTT asked unanimous consent to recall S. 813 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. FLEMING objected.

MOTION PERIOD

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

H. 3450--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2:

"Section 56-5-2956. Notwithstanding any other provision of law, when a motor vehicle accident results in the death of a pedestrian or a person who is either a passenger in, or the operator of a motor vehicle involved in an accident, then a chemical test must be administered on all operators of motor vehicles who are involved in the accident and upon the decedent if he was not an operator of a motor vehicle." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. RICE moved to adjourn debate on the amendment, which was agreed to.

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

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Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.

MOTION NOTED

Rep. RICE moved to reconsider the vote whereby the House concurred in the Senate Amendments to H. 4014 (Word version) and ordered the Bill enrolled for ratification and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4927 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 9, 2002, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2002, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

H. 4949 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO COMMEND GLAXOSMITHKLINE, NOVARTIS, PFIZER, AND ELI LILLY PHARMACEUTICAL COMPANIES FOR STEPPING FORWARD WITH THEIR PLANS TO REDUCE PRESCRIPTION COSTS FOR SOUTH CAROLINA'S ELDERLY CITIZENS, AND TO URGE STATE POLICY MAKERS TO CONTINUE TO HELP FOSTER THESE COOPERATIVE EFFORTS OF STATE GOVERNMENT AND LOCAL AND NATIONAL COMPANIES ALL WITH THE GOAL OF ENHANCING THE HEALTH CARE OPTIONS AND OPPORTUNITIES FOR ALL OF OUR STATE'S CITIZENS.

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H. 4951 (Word version) -- Reps. J. Young, G. Brown, J. H. Neal, G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO ALL THE FAMILY AND FRIENDS OF MR. CLIFTON C. GOODWIN, JR., OF SUMTER COUNTY, UPON LEARNING OF HIS PASSING AND TO PAUSE TO RECOGNIZE HIS SELFLESS ACTS OF SERVICE TO HIS NATION, STATE, AND COMMUNITY.

H. 4952 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND WILLIAM P. BASKIN III OF BISHOPVILLE, SOUTH CAROLINA, FOR ALL HE HAS DONE TO IMPROVE THE LIVES OF HIS FELLOW SOUTH CAROLINIANS AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT AS CHIEF OF THE BISHOPVILLE RESCUE SQUAD.

ADJOURNMENT

At 1:25 p.m. the House, in accordance with the motion of Rep. PERRY, adjourned in memory of William Seymore of Aiken, to meet Thursday at 10:00 a.m. in Local Session.

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