Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for the day is from Psalm 121: "My help comes from the Lord."
Heavenly Father, help us to see Your judgment and mercy. Show us patience in dealing with others as we are all Your children. Grant wisdom and strength and courage to our leaders during these times of danger to our State and Nation. Keep us in Your love and care. Hear us, we pray. Amen.

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

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

Rep. MCLEOD moved that when the House adjourns, it adjourn in memory of Theresa Anne (Terrie) Lander-Duffy, daughter of Comptroller General James A. Lander, which was agreed to.

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

S. 963 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS OFFENSE.
Ordered for consideration tomorrow.

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

S. 190 (Word version) -- Senators Grooms and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-210 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY A COUNTY'S LEGISLATIVE DELEGATION BEFORE THE DEPARTMENT CLOSES A BRIDGE OR ROAD FOR REPAIRS THAT WILL NOT BE COMPLETED WITHIN A THIRTY-DAY PERIOD.
Ordered for consideration tomorrow.

The following was introduced:

H. 5097 (Word version) -- Reps. Lourie, 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, 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, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE JOHN H. LUMPKIN, JR., OF COLUMBIA FOR RECEIVING THE GREATER COLUMBIA CHAMBER OF COMMERCE AMBASSADOR OF THE YEAR AWARD ON MARCH 20, 2002, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

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

H. 5094 (Word version) -- Rep. White: A BILL TO AMEND SECTION 59-150-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANAGEMENT, ADMINISTRATION, AND DISTRIBUTION OF EDUCATION LOTTERY ACCOUNT PROCEEDS, SO AS TO PROVIDE THAT LOTTERY PROCEEDS MAY BE USED TO PROVIDE GRANTS TO INDIVIDUALS WHO HAVE A BACHELORS DEGREE AND WISH TO BECOME TEACHERS.
Referred to Committee on Ways and Means

H. 5095 (Word version) -- Rep. Kirsh: A BILL TO AMEND ARTICLE 1, CHAPTER 60 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH DISPUTES OR CLAIMS WITH THE DEPARTMENT OF REVENUE ARE DETERMINED AND RESOLVED; TO AMEND ARTICLE 5, CHAPTER 60 OF TITLE 12, RELATING TO STATE REVENUE APPEALS PROCEDURES, SO AS TO REVISE THESE APPEAL PROCEDURES; TO AMEND SECTION 12-60-2110, RELATING TO PROPERTY TAX ASSESSMENT PROTESTS, SO AS TO REVISE THE TIME FOR FILING THESE PROTESTS; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-60-2910, RELATING TO OBJECTIONS TO PERSONAL PROPERTY TAX ASSESSMENTS, SO AS TO REVISE THE TIME WITHIN WHICH A TAXPAYER MUST OBJECT TO THE ASSESSMENT; AND TO AMEND ARTICLE 13, CHAPTER 60 OF TITLE 12, RELATING TO PROCEDURES AND CONTESTED REVENUE CASES, SO AS TO REVISE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND DEPARTMENT HEARING OFFICERS.
Referred to Committee on Ways and Means

H. 5096 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1725 SO AS TO AUTHORIZE A PERSON CONSENTING TO THE ADOPTION OF THEIR CHILD TO SELECT THE PROSPECTIVE ADOPTIVE PARENTS, TO AUTHORIZE RELEASE OF CERTAIN DETAILED INFORMATION TO THE BIOLOGICAL PARENT OR GUARDIAN ON THE PROSPECTIVE ADOPTIVE PARENTS AND THEIR EXTENDED FAMILIES, AND TO PROVIDE THAT OTHER INFORMATION MAY BE EXCHANGED BETWEEN THE BIOLOGICAL AND PROSPECTIVE ADOPTIVE PARENTS; AND TO ADD SECTION 20-7-1815 SO AS TO AUTHORIZE ADVERTISING BY A PERSON WHO WISHES TO ADOPT A CHILD AND TO ESTABLISH CERTAIN REQUIREMENTS FOR SUCH ADVERTISING.
Referred to Committee on Judiciary

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

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

I came in after the roll call and was present for the Session on Thursday, April 11.

Karl Allen                        Ralph Davenport
Brenda Lee                        Olin Phillips
Jackson Whipper                   Bessie Moody-Lawrence
Mark Kelley                       G. Murrell Smith
Jerry Govan                       Creighton Coleman
Todd Rutherford                   Daniel Tripp
H.B. "Chip" Limehouse             Denny Neilson
Richard Quinn                     Alex Harvin
James Klauber

The SPEAKER granted Reps. WITHERSPOON and BARFIELD a leave of absence for the day to attend a Nuclear Waste Disposal Site meeting.

The SPEAKER granted Rep. COTTY a leave of absence due to being out of town on business.

The SPEAKER granted Rep. GOVAN a temporary leave of absence.

Rep. BOWERS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 10.

Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.

Rep. STUART presented to the House the Swansea High School Wrestling Team, 2002 Class AA/A State Champions, their coaches and other school officials.

Rep. GOVAN and the Orangeburg Delegation presented to the House the Orangeburg-Wilkinson Varsity Girls Basketball Team, 2002 Class AAAA State Champions, their coaches and other school officials.

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

Bill Number:     H. 5087 (Word version)
Date:     ADD:
04/11/02     WHIPPER

Bill Number:     H. 4813 (Word version)
Date:     ADD:
04/11/02     HAMILTON

Rep. KNOTTS moved to reconsider the vote whereby debate was adjourned on S. 49 until Tuesday, April 30, and the motion was noted.

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

S. 894 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH FIFTEENTH TO MAY FIRST IN GAME ZONES 6 AND 11, AND IN ALL OTHER GAME ZONES AS PROMULGATED AND PUBLISHED BY THE DEPARTMENT.

S. 999 (Word version) -- Senators Hayes, Martin, Ritchie, Drummond, Land, Setzler and Pinckney: A BILL TO AMEND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SECURITY REQUIRED FOR STATE FUNDS IN EXCESS OF THE FEDERAL DEPOSIT INSURANCE LIMIT DEPOSITED BY THE STATE TREASURER IN A BANK OR SAVINGS AND LOAN ASSOCIATION, SO AS TO ALLOW SECURITY FOR THESE DEPOSITS IN THE FORM OF LETTERS OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.

S. 1160 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 40-47-140 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE LICENSED AS A PHYSICIAN, SO AS TO REVISE REQUIREMENTS CONCERNING DAILY SCORES ON FLEX EXAMINATIONS TAKEN BEFORE JULY 1, 1985 AND TO PROVIDE THAT A PASSING SCORE ON THE COMVEX EXAMINATION MUST BE ESTABLISHED BY THE TESTING AGENCY.

S. 1142 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2660, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4805 (Word version) -- Reps. Vaughn, Allison, Cato, Hamilton, Wilkins, Leach, Littlejohn, Lourie, Mack, Rodgers, Sheheen, Tripp, Whatley and J. Young: A BILL TO AMEND CHAPTER 10, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SALES AND USE TAX, BY ADDING ARTICLE 7 ENACTING THE MUNICIPAL CAPITAL PROJECT SALES TAX ACT SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.

H. 4676 (Word version) -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER; TO AMEND SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS; TO AMEND SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE; AND TO AMEND SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC REFERENCES.

H. 4609 (Word version) -- Reps. Kelley, Cotty, Bales, Barrett, Battle, Chellis, Cooper, Davenport, Delleney, Fleming, Huggins, Keegan, Knotts, Lourie, McCraw, Miller, Ott, Phillips, Rice, Riser, Rutherford, Sandifer, J. R. Smith, Snow, Stille, Taylor, Trotter, White, Wilder and Rodgers: A BILL TO AMEND SECTION 8-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LUMP SUM PAYMENT FOR ACCRUED ANNUAL LEAVE OF STATE EMPLOYEES ON RETIREMENT OR SEPARATION FROM SERVICE, SO AS TO PROVIDE THAT NO LUMP SUM MAY BE PAID TO A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED BY A STATE AGENCY; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED BY A STATE AGENCY TO FILL A FULL-TIME EQUIVALENT POSITION COVERED BY THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, AND TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RETURNING TO SERVICE UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEMS, SO AS TO ELIMINATE THE EARNINGS LIMITATION FOR A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED IN A POSITION COVERED BY THAT RETIREMENT SYSTEMS OR OTHER STATE RETIREMENT SYSTEMS AND TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS THE MINIMUM INTERVAL BEFORE A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM MAY BE HIRED BY A COVERED EMPLOYER WITHOUT AFFECTING THE MEMBER'S RETIREMENT ALLOWANCE.

H. 5000 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE, AND SPECIAL USE RESTRICTIONS ON WMA'S, DESIGNATED AS REGULATION DOCUMENT NUMBER 2657, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5002 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2629, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4548 (Word version) -- Reps. W. D. Smith, Scarborough, McLeod, Knotts and Owens: A BILL TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS FEES IN LIEU OF PROPERTY TAXES AND THE APPLICABLE INVESTMENT THRESHOLDS FOR ELIGIBILITY FOR THESE FEES, SO AS TO PROVIDE THAT THERE MAY BE INCLUDED TO MEET THE MINIMUM INVESTMENT THRESHOLD REQUIREMENT AMOUNTS EXPENDED FOR COSTS INCURRED FOR VOLUNTARY CLEANUP ACTIVITY OF A NONRESPONSIBLE PARTY PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44 OF THE 1976 CODE, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE THAT AT LEAST ONE MILLION DOLLARS OF CLEANUP COSTS INCURRED QUALIFY THE PROJECT FOR THE FEE.

H. 4876 (Word version) -- Reps. Koon, Frye, Rhoad and Ott: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.

H. 5016 (Word version) -- Reps. Stuart and Townsend: A BILL TO AMEND SECTION 56-3-8100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPOSIT REQUIRED BY THE DEPARTMENT OF PUBLIC SAFETY OF AN INDIVIDUAL OR ORGANIZATION SEEKING ISSUANCE OF A SPECIAL LICENSE PLATE BE PLACED INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT TO DEFRAY THE EXPENSES OF THE MOTOR VEHICLE DIVISION, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SPECIAL LICENSE PLATE APPLICANTS TO APPLY FOR A SPECIAL LICENSE PLATE BY MAIL OR ELECTRONIC FORMAT UNDER CERTAIN CIRCUMSTANCES, AND TO REVISE THE CIRCUMSTANCES IN WHICH THE DEPARTMENT SHALL DISCONTINUE THE PRODUCTION OF A SPECIAL LICENSE PLATE.

H. 5021 (Word version) -- Rep. Ott: A BILL TO PROVIDE THAT THE INTERCHANGES OF INTERSTATE HIGHWAY 95 WITH HIGHWAY 301 AND HIGHWAY 6 IN ORANGEBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

The following Bill was taken up:

H. 3851 (Word version) -- Reps. J. E. Smith and Rodgers: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE GENERATED BY THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALSO REQUIRE THEIR USE FOR OTHER TOURISM-RELATED LANDS AND WATER ACCESS.

The motion of Rep. KELLEY to reconsider the vote whereby Amendment No. 1 was adopted was taken up and agreed to:

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1882DW02), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 6-1-530(A)(3), line 31, after the word /access/ by inserting / approved by the Tourism Expenditure Review Committee /
When amended Section 6-1-530(A) shall read:

/ "(A)     The revenue generated by the local accommodations tax must be used exclusively for the following purposes:

(1)     tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;

(2)     tourism-related cultural, recreational, or historic facilities;

(3)     beach access, and renourishment, or other tourism-related lands and water access approved by the Tourism Expenditure Review Committee;

(4)     highways, roads, streets, and bridges providing access to tourist destinations;

(5)     advertisements and promotions related to tourism development; or

(6)     water and sewer infrastructure to serve tourism-related demand." /
Amend title to conform.

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

Reps. RODGERS and CAMPSEN proposed the following Amendment No. 4 (Doc Name COUNCIL\PT\AMEND\1913DW02), which was adopted:
Amend the bill, as and if amended, by striking the last paragraph of Section 6-4-10(4)(B) and adding:
/     "Subject to the oversight authority of the Tourism Expenditure Review Committee, these funds also may be used to provide services for day visitors to municipalities that have beaches bordering the Atlantic Ocean, or which border the intracoastal waterway, or tidewaters." /
Amend title to conform.
Rep. RODGERS explained the amendment.
The amendment was then adopted.

Reps. MILLER, DELLENEY, SHEHEEN and LUCAS proposed the following Amendment No. 6 (Doc Name COUNCIL\GGS\AMEND\ 22485CM02), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION____.     Section 6-4-10 of the 1976 Code, as last amended by Act 147 of 1991, is further amended by adding at the end:

"(5)     The definition of tourist does not apply to museums or to festivals, arts, and cultural events or the sponsoring organization of these events."
Renumber sections to conform.
Amend title to conform.

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

Reps. DELLENEY and SHEHEEN proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\ 4824MM02), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION     __.     Section 6-4-5(5) of the 1976 Code, as added by Act 74 of 2001, is amended to read:

"(5)     'Tourist' means, for a county classified as 'least developed' or with a higher credit amount classification, as provided by Section 12-6-3360, a person traveling to places outside his home community for any purpose other than daily commutes to and from work. For other counties, 'tourist' means a person traveling to and staying in places outside his usual environment for one night or more for leisure, business, or any other purpose. A person meeting this definition may be staying in places of public accommodations such as hotels, motels, inns, bed and breakfasts, campgrounds, or the residences of family or friends."
Renumber sections to conform.
Amend totals and title to conform.

Rep. DELLENEY moved to table the amendment, which was agreed to.

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

The following Bill was taken up:

H. 3921 (Word version) -- Reps. Perry, Whatley, Knotts, Coates, D. C. Smith and McLeod: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX DEDUCTION ALLOWED VOLUNTEER FIREFIGHTER AND RESCUE SQUAD MEMBERS, SO AS TO EXTEND THE DEDUCTION TO A VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM AND TO DELETE OBSOLETE PROVISIONS, AND TO AMEND SECTION 23-9-190, RELATING TO THE ESTABLISHMENT OF A PERFORMANCE-BASED POINT SYSTEM TO DETERMINE ELIGIBILITY FOR THE STATE INCOME TAX DEDUCTION ALLOWED VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD WORKERS, SO AS TO EXTEND THIS POINT SYSTEM TO VOLUNTEER HAZMAT TEAM MEMBERS.

Reps. LOURIE and KNOTTS proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9007HTC02), which was adopted:
Amend the bill, as and if amended, by adding a new penultimate SECTION to read:
/ SECTION     __.     A.     Section 12-6-1140(9) of the 1976 Code is amended to read:

"(9)     DELETED three thousand dollars for a person serving as a reserve police officer. For purposes of this item, a reserve police officer is a person eligible to perform police functions under the provisions of Chapter 28 of Title 23 who, during the applicable taxable year, actually performed police functions. The department may require the taxpayer to provide the documentation necessary to determine eligibility for this deduction."
B. Notwithstanding the general effective date of this act, this section takes effect upon approval by the Governor and applies for taxable years beginning after 2001. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3921 be read the third time tomorrow.

Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, April 16, which was adopted:

H. 3563 (Word version) -- Reps. Quinn, Bales, Davenport and Lourie: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO UPDATE REFERENCES, MAKE PERMANENT THE ADDITIONAL TAX OF THIRTY-FIVE ONE-HUNDREDTHS PERCENT ON FIRE INSURANCE PREMIUMS PREVIOUSLY DEDICATED TO THE REPAYMENT OF INTEREST AND PRINCIPAL ON CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE CONSTRUCTION OF THE FIRE ACADEMY, AND ALLOWING THE REVENUES OF THIS TAX AFTER THE BONDS ARE RETIRED TO BE RETAINED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR USE BY ITS DIVISION OF FIRE AND LIFE SAFETY FOR CAPITAL IMPROVEMENTS, DIVISION EXPENSES, AND PUBLIC EDUCATION, AND TO MAKE CONFORMING AMENDMENTS.

The following Bill was taken up:

H. 4715 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SECURITY REQUIRED FOR STATE FUNDS IN EXCESS OF THE FEDERAL DEPOSIT INSURANCE LIMIT DEPOSITED BY THE STATE TREASURER IN A BANK OR SAVINGS AND LOAN ASSOCIATION, SO AS TO ALLOW SECURITY FOR THESE DEPOSITS IN THE FORM OF LETTERS OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.
Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.

The following Bill was taken up:

H. 4760 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 42-1-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "EMPLOYEE" FOR PURPOSES OF WORKERS' COMPENSATION, SO AS TO INCLUDE STATE CONSTABLES; TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO WORKERS' COMPENSATION AND THE DESIGNATED AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO INCLUDE PROVISIONS FOR VOLUNTEER STATE CONSTABLES WHO SERVE WITHOUT COMPENSATION.

Rep. LAW proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5279ZCW02), which was adopted:
Amend the bill, as and if amended, Section 42-1-130 in SECTION 1, page 1, line 35 by striking / South Carolina State Constables while performing duties in connection with their appointment and / and inserting /volunteer South Carolina State Constables while performing duties in connection with their appointment as authorized by the State Law Enforcement Division and /so when amended Section 42-1-130 shall read:

/"Section 42-1-130. The term 'employee' means every person engaged in an employment under any appointment, contract of hire, or apprenticeship, expressed or implied, oral or written, including aliens and also including minors, whether lawfully or unlawfully employed, but excluding a person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer; and as relating to those employed by the State; the term 'employee' includes all volunteer South Carolina State Constables while performing duties in connection with their appointment as authorized by the State Law Enforcement Division and members of the South Carolina State and National Guard while performing duties in connection with the membership except duty performed pursuant to Title 10 and Title 32 of the United States Code, and all officers and employees of the State, except those elected by the people, or by the General Assembly, or appointed by the Governor, either with or without the confirmation of the Senate; and as relating to municipal corporations and political subdivisions of the State; the term 'employee' includes all officers and employees of municipal corporations and political subdivisions, except those elected by the people or elected by the council or other governing body of any municipal corporation or political subdivision, who act in purely administrative capacities and are to serve for a definite term of office. Any injured, when the employee is dead, includes also his legal representative, dependents, and other persons to whom compensation may be payable.

Any sole proprietor or partner of a business whose employees are eligible for benefits under this title may elect to be included as employees under the workers' compensation coverage of the business if they are actively engaged in the operation of the business and if the insurer is notified of their election to be included. Any sole proprietor or partner, upon such election, is entitled to employee benefits and is subject to employee responsibilities prescribed in this title."/
Amend the bill further, Section 42-7-65(4), SECTION 2, page 2, line 41 by striking / state constables without compensation and volunteer / and inserting / state constables while performing duties in connection with their appointment and as authorized by the State Law Enforcement Division and volunteer /
Amend the bill further, as and if amended, Section 42-7-65 in SECTION 2, page 3, line 11 by inserting after concerned. /A volunteer state constable is a volunteer whose appointment is certified by the State Law Enforcement Division as having completed the requisite training to maintain an active commission. /
Amend the bill further, Section 42-7-65 in SECTION 2, page 3, line 13 by inserting after sheriff / or volunteer state constable while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division /
so when amended Section 42-7-65 shall read:

/"Section 42-7-65.     Notwithstanding the provisions of Section 42-1-40, for the purpose of this title and while serving in this capacity, the total average weekly wage of the following categories of employees is the following:

(1)     For all members of the State and National Guard, regardless of rank, seventy-five percent of the average weekly wage in the State for the preceding fiscal year, or the average weekly wage the service member would be entitled to, if any, if injured while performing his civilian employment, if the average weekly wage in his civilian employment is greater.

(2)     For all voluntary firemen of organized voluntary rural fire units and voluntary municipal firemen, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.

(3)     For all members of organized volunteer rescue squads, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.

(4)     For all volunteer state constables while performing duties in connection with their appointment and as authorized by the State Law Enforcement Division and volunteer deputy sheriffs, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.

The wages provided in items (2), (3), and (4) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2), (3), and (4) must be notified of the limitation on average weekly wages prescribed in this section by the authority responsible for obtaining coverage under this title.

Volunteer firemen and rescue squad members are construed to mean members of organized units whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. A volunteer state constable is a volunteer whose appointment is certified by the State Law Enforcement Division as having completed the requisite training to maintain an active commission. A volunteer deputy sheriff is a volunteer whose membership is certified by the sheriff to the governing body of the county. No volunteer deputy sheriff or volunteer state constable while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division may be included under the provisions of this title unless approved by the governing body of the county or municipality. Notwithstanding any other provision of law, voluntary firemen of organized volunteer fire units and members of organized volunteer rescue squads are covered under this title by the county governing body unless the governing body of the county opts out of the coverage.

The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, marketing education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school to work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."/
Renumber sections to conform.
Amend totals and title to conform.

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

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

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4760 be read the third time tomorrow.

The following Bill was taken up:

H. 4456 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-125 SO AS TO REQUIRE PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS TO DENY LICENSURE OR SUSPEND THE LICENSE OF AN INDIVIDUAL FOR NONPAYMENT OR DEFAULT OR BREACH OF A REPAYMENT OR SERVICE OBLIGATION UNDER ANY FEDERAL OR STATE EDUCATIONAL LOAN, LOAN REPAYMENT, OR SERVICE-CONDITIONAL SCHOLARSHIP PROGRAM.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11487AC02):
Amend the bill, as and if amended, Section 40-1-125, page 1, line 26 by deleting /shall/ and inserting /may/; page 1, line 35 by deleting /not/; and page 1, line 38 by deleting /release/ and inserting /statement/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. LAW explained the amendment.

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

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

H. 4823 (Word version) -- Reps. Cato, Chellis, Battle, G. Brown, J. Brown, Cooper, Edge, Harrison, Hinson, Jennings, Law, Lee, Limehouse, Lourie, Miller, Perry, Quinn, Rice, Rutherford, Sandifer, Scarborough, Scott, F. N. Smith, J. E. Smith, Tripp, Trotter, Walker and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-35 SO AS TO PROHIBIT THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT A BOND TO SECURE THE BID OR THE PERFORMANCE OR PAYMENT OF THE CONTRACT BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER; AND TO AMEND SECTIONS 11-1-120, 11-35-3030, AS AMENDED, 12-28-2740, 29-6-250, AND 57-5-1660, RELATING TO PAYMENT BONDS, BID BONDS, PERFORMANCE BONDS, LABOR AND MATERIAL BONDS, AND HIGHWAY CONSTRUCTION BONDS, RESPECTIVELY, ALL SO AS TO ADD CONFORMING LANGUAGE PROHIBITING THE STATE, A POLITICAL SUBDIVISION OF THIS STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT THE BOND BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER.

Rep. EDGE explained the Bill.

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4823 be read the third time tomorrow.

The following Bill was taken up:

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

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\ 5297ZCW02), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 38-1-20(40), page 1, lines 30 and 31 by striking / or in bulletins /.
Amend further, SECTION 2, Section 38-73-340, page 2, line 3 by inserting a new sentence before /Every / to read: /The filing exemption shall not apply to loss cost filings by advisory or rating organizations. /
Amend further, SECTION 3, Section 38-73-520, page 2, line 15, by adding a new sentence before / Every / to read:
/ The filing exemption shall not apply to loss cost filings by advisory or rating organizations. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4852 be read the third time tomorrow.

On motion of Rep. KELLEY, with unanimous consent, it was ordered that H. 3851 be read the third time tomorrow.

On motion of Rep. TAYLOR, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:

H. 4817 (Word version) -- Reps. Taylor and Wilder: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, AND 5, 2002, BY THE STUDENTS OF SCHOOLS IN LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 WHEN THE SCHOOLS WERE 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.

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

S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.

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

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.

The following Concurrent Resolution was taken up:

H. 4754 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO URGE THE PUBLIC AND STATE AGENCIES INVOLVED IN TRAFFIC INCIDENT MANAGEMENT TO ENHANCE THE FLOW OF MOTOR VEHICLE TRAFFIC AND REDUCE THE DANGER OF ACCIDENTS ALONG THE STATE'S ROADWAYS BY MAKING EVERY REASONABLE EFFORT TO MOVE CERTAIN VEHICLES INVOLVED IN TRAFFIC ACCIDENTS AND DISABLED VEHICLES FROM THE STATE'S ROADWAYS.

Whereas, vehicles involved in collisions and disabled vehicles on South Carolina's roadways create a significant danger to the public and a substantial hindrance to traffic flow when those vehicles remain in the travel lanes of the roadway; and

Whereas, the South Carolina House of Representative's Ad Hoc Committee on Highway Safety recommends that drivers be required to move damaged vehicles out of the travel lanes of a roadway when possible; and

Whereas, Sections 56-5-1210 and 56-5-1220 of the South Carolina Code of Laws require the driver of a vehicle involved in a collision to stop the vehicle without obstructing traffic more than is necessary; and

Whereas, there is a commonly-held misconception that South Carolina law requires a driver involved in a collision to leave the vehicle where it rests after the collision; and

Whereas, representatives of the South Carolina Department of Transportation, the South Carolina Department of Public Safety, the South Carolina Department of Health and Environmental Control, local law enforcement agencies, emergency medical services, the insurance industry, the trucking industry, the towing industry, and legal professionals have reached a consensus that public education concerning the importance of moving disabled vehicles and vehicles involved in a collision form the travel lane would enhance the safety and convenience of the traveling public in South Carolina. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, urge the public and all agencies involved in traffic incident management to promote actions and public education that will result in the quick clearance of South Carolina's roadways in order to reduce any danger to the public and hindrance to the traffic flow. Moreover, if a disabled vehicle or vehicle involved in a collision is obstructing traffic, the members of the General Assembly urge the driver or authorized emergency response personnel to make every reasonable effort to move the vehicle so as not to block the regular flow of traffic, provided that this relocation does not endanger any persons or cause the release of any hazardous substances which could cause harm to the public health or the environment.

Be it further resolved that copies of this resolution be forwarded to the Department of Transportation, the Department of Public Safety, the Department of Health and Environmental Control, and the Department of Insurance.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

S. 1121 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF INTERSTATE 85 IN CHEROKEE COUNTY BETWEEN EXITS 90 AND 92 AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF CHEROKEE COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.

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

That the members of the General Assembly of the State of South Carolina request the Department of Transportation to name a portion of Interstate 85 in Cherokee County between exit 90 and exit 92 as the "Veterans Memorial Highway" in honor and memory of the veterans of Cherokee County for their faithful service to this State and our nation and request the department erect appropriate signs and markers reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

H. 4826 (Word version) -- Reps. Edge, Keegan, Miller, Kelley, Barfield and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH THE CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.

Whereas, the United States Congress in amendments to the Intermodal Surface Transportation Efficiency Act of 1991 has authorized several new interstate highways to be part of the interstate highway system of the United States; and

Whereas, two of these new interstate highways, I-73 and I-74, are scheduled to come within the boundaries of our State in the coastal areas of South Carolina in specified locations; and

Whereas, several present highways in South Carolina are in these locations and are suitable for designation as part of these new interstate highways. Now, therefore,

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

That the General Assembly hereby requests appropriate federal and state highway officials to designate the highways referenced below as part of the new interstate highway system as follows:

(1)     Highway 22, the Conway Bypass, known as the Veterans Highway, as part of new Interstate Highway 73 (I-73);

(2)     Carolina Bays Parkway, known as the John B. Singleton Parkway, as part of new Interstate Highway 74 (I-74);

(3)     the North Myrtle Beach Connector as Interstate Highway I-174.
Be it further resolved that a copy of this resolution be forwarded to the federal highway administration and the South Carolina Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

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

The following was received:

Columbia, S.C., April 10, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3481:

H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
The Senate has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., April 10, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 182:

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.

Very respectfully,
President
Received as information.

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

The following was received from the Senate:

Columbia, S.C., April 10, 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. 3515:

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J. M. Neal, Phillips, Rice, Riser, Simrill, D. C. Smith, W. D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235, SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.

Very respectfully,
President

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

Whereupon, the Chair appointed Reps. CATO, SANDIFER and WILDER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 439 (Word version) -- Senators J. V. Smith, Leatherman and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-161 SO AS TO PROVIDE FOR THE LOWERING OF FLAGS FLOWN ATOP THE STATE CAPITOL BUILDING ON MEMORIAL DAY AND ON THE DAY ON WHICH FUNERAL SERVICES ARE HELD FOR CERTAIN PUBLIC OFFICIALS, AND TO DEFINE HALF-STAFF.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3640 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF "C" FUND GASOLINE TAX REVENUES TO COUNTIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE FOR THE DISTRIBUTION OF EARNINGS ON THE COUNTY TRANSPORTATION FUND, RAISE FROM ONE TO TWO THOUSAND DOLLARS THE AMOUNT WHICH MAY BE USED FOR THE EXPENSES OF THE COUNTY TRANSPORTATION COMMITTEE, CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION ADMINISTERS ALL FUNDS EXPENDED ON THE STATE HIGHWAY SYSTEM, CLARIFY THE USE OF "C" FUND REVENUES, ELIMINATE BID PREFERENCES FOR COUNTIES ADMINISTERING THEIR OWN "C" FUNDS, AND GIVE THE DEPARTMENT OF TRANSPORTATION AUTHORITY TO ENFORCE "C" FUND PROVISIONS BY WITHHOLDING OF "C" FUND ALLOCATIONS AND FORFEITURE OF ALLOCATIONS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4990 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR BINGO, SO AS TO REVISE THE DEFINITION FOR "PROMOTER" AND "SESSION" AND ADD DEFINITIONS FOR "ELECTRONIC DABBER", "ELECTRONIC DABBER BINGO TICKET", AND "SITE SYSTEM"; TO AMEND SECTIONS 12-21-3950 AND 12-21-3970, RELATING TO THE BINGO PROMOTER'S LICENSE, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE DAYS THE TIME THE DEPARTMENT OF REVENUE HAS TO APPROVE OR REJECT AN APPLICATION FOR A PROMOTER'S LICENSE AND ALLOW A PROMOTER TO HAVE FIFTEEN RATHER THAN FIVE OF THESE LICENSES; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROHIBIT PAYING LESS THAN FACE VALUE FOR CARDS AND PROVIDE FOR THE USE OF CARDS WITH AN ELECTRONIC DABBER; TO AMEND SECTION 12-21-4000, RELATING TO BINGO PROCEDURES, SO AS TO ALLOW THE LIMIT ON BINGO GROSS PROCEEDS TO BE A QUARTERLY AVERAGE AND PROVIDE THAT THE PENALTIES APPLY FOR VIOLATION OF THE GROSS PROCEEDS LIMIT ONLY IF THE EXCESS PROCEEDS TAX IS UNPAID AND TO PROHIBIT THE ADVERTISING OF "FREE BINGO"; TO AMEND SECTION 12-21-4020, RELATING TO THE VARIOUS CLASSES OF THE BINGO LICENSE, SO AS TO INCREASE THE MAXIMUM AMOUNT THAT MAY BE OFFERED FROM EIGHT TO TWELVE THOUSAND DOLLARS A SESSION AND TO INCREASE FROM THREE TO SIX GAMES A WEEK THE GAMES THAT MAY BE CONDUCTED BY A CLASS B LICENSEE AND PROVIDE A PROCEDURE FOR A CLASS C LICENSEE TO APPLY FOR A CLASS G LICENSE WHEN IT EXCEEDS ONE HUNDRED THOUSAND DOLLARS IN GROSS PROCEEDS, AND ESTABLISH A CLASS G LICENSE FOR AN ORGANIZATION OFFERING PRIZES OF TWENTY DOLLARS OR LESS A GAME AND WHOSE GROSS RECEIPTS EXCEED ONE HUNDRED THOUSAND DOLLARS A CALENDAR QUARTER; TO AMEND SECTION 12-21-4080, RELATING TO BINGO PROCEEDS, SO AS TO DELETE THE REFERENCE TO ENTRANCE FEES IN AMOUNTS DEDUCTED FROM GROSS PROCEEDS AND PROVIDE THAT IF PROMOTER IS AUTHORIZED TO MAKE THE SESSION DEPOSIT, ESTABLISH A PROCEDURE TO INSURE THE DEPOSIT IS MADE IN A TIMELY MANNER; TO AMEND SECTION 12-21-4090, RELATING TO BINGO BANK ACCOUNTS, SO AS TO ALLOW THE DEPOSIT OF LOAN PROCEEDS TO COVER A DEFICIT; TO AMEND SECTION 12-21-4120, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO AUTHORIZE ADVISING RULINGS ON ACTS CONSTITUTING VIOLATIONS AND PROVIDE THAT AN ORGANIZATION OR ORGANIZER FOUND IN VIOLATION IS ENTITLED TO A CONFERENCE UPON REQUEST; TO AMEND SECTION 12-21-4150, RELATING TO THE CRIME OF POSING AS A BINGO PLAYER, SO AS TO INCLUDE A PERSON WHO USES COUNTERFEIT ELECTRONIC DABBER BINGO TICKETS; TO AMEND SECTION 12-21-4190, RELATING TO BINGO CARD CHARGES BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR CHARGES TO CLASS G LICENSE HOLDERS; TO AMEND SECTION 12-21-4210, RELATING TO THE SALE OR TRANSFER OF BINGO CARDS, SO AS TO ALLOW THE RETURN OF PAPERS FOR CREDIT AGAINST AN OUTSTANDING VOUCHER; TO AMEND SECTION 12-21-4270, RELATING TO THE APPLICATION TO OBTAIN BINGO CARDS, SO AS TO AUTHORIZE PAYMENT BY CHECK AND CASH AND PROVIDE THAT FOLLOWING A RETURNED CHECK, THE ORGANIZATION OR PROMOTER MUST MAKE PAYMENT USING CERTIFIED FUNDS; AND BY ADDING SECTION 12-21-4005 SO AS TO ESTABLISH SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 5010 (Word version) -- Reps. Kirsh and Meacham-Richardson: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE OVERDUE TAX DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 5011 (Word version) -- Reps. Kirsh and Meacham-Richardson: A BILL TO AMEND SECTION 12-36-2610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT MAXIMUM DISCOUNT ALLOWED OF THREE THOUSAND DOLLARS IN A STATE FISCAL YEAR IS THREE THOUSAND ONE HUNDRED DOLLARS FOR ELECTRONICALLY FILED RETURNS; AND TO AMEND SECTION 12-54-250, RELATING TO TAX COLLECTION AND ENFORCEMENT BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE, SO AS TO DECREASE FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS THE THRESHOLD AMOUNT FOR WHICH PAYMENTS DUE TO THE DEPARTMENT MUST BE PAID BY A METHOD IN WHICH THE FUNDS ARE AVAILABLE IMMEDIATELY TO THE STATE.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4481 (Word version) -- Reps. Keegan, Neilson and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-395 SO AS TO PROVIDE THAT WHEN ANY PERSON IS ACTIVATED FOR FULL-TIME MILITARY SERVICE DURING A TIME OF NATIONAL CRISIS AND THEREFORE IS REQUIRED TO CEASE ATTENDING A PUBLIC INSTITUTION OF HIGHER LEARNING WITHOUT COMPLETING AND RECEIVING A GRADE IN ONE OR MORE COURSES, THE TUITION AND FEES PAID BY THAT STUDENT TO THE INSTITUTION FOR THE SEMESTER OR QUARTER IS REQUIRED TO BE REFUNDED TO THE STUDENT, TO PROVIDE FOR PROPORTIONATE REFUNDS OF ROOM AND B0OARD AND OTHER FEES, AND TO PROVIDE FOR OTHER DESIGNATED ASSISTANCE, INCLUDING FREE TUITION WITHIN A PERIOD OF TWO YEARS FOLLOWING DEACTIVATION TO COMPLETE THESE COURSES.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4386 (Word version) -- Reps. Witherspoon, Littlejohn, W. D. Smith, Vaughn, Altman and Walker: A BILL TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, OR LEGALLY BLIND, AND THE ACCOMPANYING FOUR PERCENT ASSESSMENT RATIO APPLICABLE TO SUCH A HOMESTEAD FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED TAXPAYER IS DEEMED THE AGENT OF THE DECEASED TAXPAYER FOR ALL PURPOSES OF APPLYING FOR THE ASSESSMENT RATIO AND EXEMPTION AND ANY CLAIM FOR REFUND ARISING THEREUNDER AND TO ALLOW THESE APPLICATIONS AND CLAIMS FOR REFUND FOR PROPERTY TAX YEARS BEGINNING AFTER 2000.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4564 (Word version) -- Reps. White, Trotter, Robinson and Townsend: A BILL TO AMEND SECTION 6-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF LOCAL GOVERNING BODIES TO IMPOSE A SERVICE OR USER FEE, SO AS TO PROVIDE THAT AFTER 2000, NO SERVICE OR USER FEE MAY BE IMPOSED BY A LOCAL GOVERNING BODY ON MOTOR VEHICLES.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 4663 (Word version) -- Reps. Allison, Harrell, Townsend, Cotty, J. R. Smith, Clyburn and Walker: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO TRANSFER UP TO TWENTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, AND TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT, SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 868 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-133-60 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF CERTAIN CAMPUS STUDENT HOUSING FACILITIES INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE GROUND LEASE AGREEMENTS INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3804 (Word version) -- Reps. Keegan, Knotts, Kelley and Whatley: A BILL TO AMEND SECTION 59-111-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION NOT BEING CHARGED TO CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENT EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO PROVIDE THAT SPOUSES OF THESE FIREMEN, OFFICERS, OR EMPLOYEES ALSO SHALL NOT BE CHARGED TUITION AND IF THE FIREMAN, OFFICER, OR EMPLOYEE HAS DIED ON THE CONDITION THE SPOUSE HAS NOT REMARRIED.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 5007 (Word version) -- Reps. Klauber and Carnell: A BILL TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, BY ADDING ARTICLE 5 SO AS TO ALLOW THE SOUTH CAROLINA RETIREMENT SYSTEMS TO PROVIDE INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115, RELATING TO THE PROVIDING OF CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3243 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPTED FROM ATTACHMENT, LEVY, AND SALE, SO AS TO DELETE LIMITS ON THE EXEMPTION FOR CERTAIN INDIVIDUAL RETIREMENT ACCOUNTS, ANNUITIES, AND TRUSTS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4998 (Word version) -- Rep. Kelley: A BILL TO REPEAL SECTION 1-1-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE TREASURER TO MAKE INSTALLMENT LOANS TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF RENTING, LEASING, OR PURCHASING OF CERTAIN EQUIPMENT.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 5003 (Word version) -- Rep. Kelley: A JOINT RESOLUTION DIRECTING THE STATE TREASURER TO TRANSFER SIXTY-ONE MILLION DOLLARS FROM THE EXTENDED CARE MAINTENANCE FUND TO THE GENERAL FUND OF THE STATE TO OFFSET FISCAL YEAR 2001-2002 MID-YEAR SEQUESTRATIONS IMPOSED BY THE STATE BUDGET AND CONTROL BOARD AND TO PROVIDE THAT THE STATE IS SOLELY RESPONSIBLE FOR RESTORING THE EXTENDED CARE MAINTENANCE FUND IF THAT FUND IS INSUFFICIENT TO MEET ITS OBLIGATIONS AS DETERMINED BY THE STATE BUDGET AND CONTROL BOARD.
Ordered for consideration tomorrow.

Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4960 (Word version) -- Reps. J. Young, G. M. Smith, G. Brown, J. H. Neal and Weeks: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME A PORTION OF MCCRAY'S MILL ROAD IN SUMTER COUNTY THE "JOHN M. MAHON HIGHWAY" IN RECOGNITION OF JOHN M. MAHON, A DISTINGUISHED CITIZEN OF SUMTER COUNTY.
Ordered for consideration tomorrow.

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

H. 5098 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE DORMAN HIGH SCHOOL DANCE TEAM, THEIR COACHES, STAFF, AND OTHER SCHOOL OFFICIALS ON APRIL 25, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR OUTSTANDING ACCOMPLISHMENTS AT THE CONTEST OF CHAMPIONS COMPETITION.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the members of the Dorman High School Dance Team, their coaches, staff, and other school officials on April 25, 2002, at a time to be determined by the Speaker, to congratulate them on their outstanding accomplishments at the Contest of Champions Competition.

The Resolution was adopted.

The following was introduced:

H. 5099 (Word version) -- Reps. Owens, A. Young and Chellis: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE DORCHESTER ACADEMY VARSITY GIRLS BASKETBALL TEAM ON THEIR OUTSTANDING SEASON AND THEIR 2002 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.

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

The Senate sent to the House the following:

S. 1201 (Word version) -- Senator Mescher: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED NATIONAL AND INTERNATIONAL BUSINESS LEADERS, MR. CHARLES W. COKER, CHAIRMAN OF THE BOARD OF SONOCO PRODUCTS COMPANY OF HARTSVILLE, FOR HIS LIFELONG CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, STATE, AND NATION AND TO PARTICULARLY ACKNOWLEDGE HIS INSTRUMENTAL ROLE IN THE ESTABLISHMENT OF THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS IN HARTSVILLE.

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

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

H. 5100 (Word version) -- Reps. Owens and Kelley: A BILL TO AMEND SECTION 44-1-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR PUBLIC HEALTH, INCLUDING SANITATION OF HOTELS, RESTAURANTS, AND OTHER EATING ESTABLISHMENTS, SO AS TO INCLUDE IN THIS AUTHORITY THE PROMULGATION OF STANDARDS AND PROCEDURES TO DISTRIBUTE FOOD NOT SERVED OR CONSUMED TO AGENCIES PROVIDING MEALS AND FOOD TO CLIENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 5101 (Word version) -- Reps. Talley, Bingham and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-235 SO AS TO PROHIBIT THE DISPENSING OF OPHTHALMIC LENSES WITHOUT HAVING FIRST OBTAINED A VALID, UNEXPIRED PRESCRIPTION OR ORDER FOR THE LENSES FROM A LICENSED OPTOMETRIST OR LICENSED PHYSICIAN, SURGEON, OR OSTEOPATH AND PROVIDE A PENALTY FOR VIOLATION, AND TO INCLUDE WITHIN THE DEFINITION OF OPHTHALMIC LENS A CONTACT LENS WITH OR WITHOUT POWER.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 5102 (Word version) -- Rep. Klauber: A BILL TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.
Referred to Committee on Judiciary

H. 5103 (Word version) -- Reps. Sharpe and W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-28-745 SO AS TO EXEMPT RENEWABLE FUEL, WHETHER PURE OR BLENDED WITH TAXABLE FUELS, FROM THE MOTOR FUELS TAX; BY ADDING SECTION 56-3-125 SO AS TO IMPOSE A HIGHWAY USER FEE ON THE ISSUING OF TITLES FOR VEHICLES POWERED BY ALTERNATIVE FUELS EQUAL TO TWO AND ONE-HALF PERCENT OF THE FAIR MARKET VALUE OF THE VEHICLE AND TO PROVIDE FOR THE ADMINISTRATION OF AND USES OF THE FEE AND FOR EXEMPTIONS FROM IT; TO AMEND SECTION 12-28-110, RELATING TO DEFINITIONS FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO REVISE EXISTING DEFINITIONS AND INCLUDE NEW DEFINITIONS FOR BIODIESEL FUEL AND RENEWABLE FUEL; TO AMEND SECTION 12-28-310, RELATING TO THE IMPOSITION OF THE MOTOR FUELS TAX, SO AS TO EXTEND THE TAX TO ALL MOTOR FUELS USED TO PROPEL VEHICLES; TO AMEND SECTION 12-28-710, RELATING TO MOTOR FUELS TAX EXEMPTIONS, SO AS TO EXEMPT RENEWABLE FUEL SOLD FROM JULY 1, 2002, THROUGH JUNE 30, 2007; TO AMEND SECTION 12-28-970, RELATING TO THE BACKUP MOTOR FUELS TAX, SO AS TO EXEMPT ALTERNATIVE FUEL POWERED VEHICLES FROM THE TAX IF THE VEHICLE IS SUBJECT TO THE HIGHWAY USER FEE FOR ALTERNATIVE FUELS POWERED VEHICLES; TO AMEND SECTION 12-28-990, RELATING TO THE TAX ON BLENDED FUELS, SO AS TO EXTEND THESE REQUIREMENTS TO RENEWABLE FUELS; AND TO AMEND SECTION 56-3-620, AS AMENDED, RELATING TO MOTOR VEHICLE REGISTRATION FEES, SO AS TO IMPOSE A ONE DOLLAR SOUTH CAROLINA FUEL FREEDOM FEE WHICH MUST BE ADDED TO ALL REGISTRATION FEES AND CREDITED TO THE STATE HIGHWAY FUND.
Referred to Committee on Ways and Means

H. 5104 (Word version) -- Rep. White: A JOINT RESOLUTION TO PROVIDE THAT FUNDS APPROPRIATED TO THE OFFICE OF FIRST STEPS TO SCHOOL READINESS FOR FISCAL YEAR 2002-2003 FOR HEALTH CARE PURPOSES AS DETERMINED BY THE STATE BUDGET OFFICE SHALL BE TRANSFERRED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND USED AS MATCHING STATE FUNDS FOR CERTAIN FEDERAL HEALTH CARE GRANTS.
Referred to Committee on Ways and Means

H. 5105 (Word version) -- Reps. Cato and A. Young: A BILL TO AMEND CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY BY ADDING ARTICLE 7 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT", AND TO PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO BE USED WHEN COMPLIANCE WITH THE STATE'S MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS MUST BE VERIFIED; TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF CERTAIN DATA BY THE DEPARTMENT OF PUBLIC SAFETY THROUGH THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO THE REQUIREMENT THAT PROVIDERS OF LIABILITY INSURANCE AND PROVIDERS OF SECURITY IN LIEU OF LIABILITY INSURANCE MUST NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF THE LAPSE OR TERMINATION OF AN INSURANCE POLICY OR SECURITY IT HAS ISSUED, AND THAT PROVIDES THAT THE DEPARTMENT MUST NOTIFY THE PERSON WHOSE INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURANCE PROVIDER MUST NOTIFY THE DEPARTMENT WHEN AN INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN UNINSURED MOTOR VEHICLE MUST BE INSURED WITHIN A SPECIFIC PERIOD OF TIME OR THE OWNER MUST SURRENDER ITS REGISTRATION AND LICENSE PLATE, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURER SHALL NOTIFY THE DEPARTMENT OF PUBLIC SAFETY WHEN AN INSURED'S MOTOR VEHICLE BECOMES AN UNINSURED MOTOR VEHICLE, AND PROVIDE THAT AN INSURER MUST NOTIFY THE DEPARTMENT OF ALL FIRST TIME AND RENEWAL POLICIES IT ISSUES, TO DELETE A PROVISION THAT REQUIRES THE FORWARDING OF SURRENDERED LICENSE PLATES TO THE DEPARTMENT OF REVENUE, AND TO DELETE THE FIVE DOLLAR REINSTATEMENT FEE ASSESSED AGAINST A PERSON WHO VOLUNTARILY SURRENDERS HIS LICENSE PLATE AND REGISTRATION CERTIFICATE BEFORE THEY ARE SUSPENDED UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Labor, Commerce and Industry

H. 5106 (Word version) -- Reps. Parks, Breeland, Whipper, Clyburn, Moody-Lawrence, Harrison, Lloyd, J. Hines, Weeks, Allen, Allison, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Carnell, Cato, Cobb-Hunter, Coleman, Freeman, Frye, Gilham, Gourdine, Govan, Harrell, Haskins, Hayes, M. Hines, Hosey, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Koon, Leach, Lee, Lourie, Lucas, Mack, Martin, McGee, McLeod, Meacham-Richardson, Miller, J. H. Neal, Neilson, Ott, Perry, Quinn, Rhoad, Rodgers, Rutherford, Scott, Sheheen, Simrill, F. N. Smith, J. E. Smith, W. D. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Walker, Wilder and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-97 SO AS TO EXEMPT A TEAM PHYSICIAN LICENSED IN ANOTHER STATE FOR LICENSURE IN THIS STATE IF THE PHYSICIAN IS EMPLOYED OR DESIGNATED AS THE TEAM PHYSICIAN FOR A TEAM VISITING THIS STATE AND THE PHYSICIAN ONLY TREATS THE TEAM MEMBERS, COACHES, AND STAFF.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 5107 (Word version) -- Rep. Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-1-140 SO AS TO PROVIDE THAT POLITICAL SUBDIVISIONS MAY NOT REGULATE OR OTHERWISE LIMIT THE FINANCIAL ACTIVITIES OF A LENDER SUBJECT TO STATE OR FEDERAL JURISDICTION; BY ADDING SECTION 37-10-108 SO AS TO PROHIBIT CERTAIN LENDING ACTIVITIES AND TO REQUIRE CERTAIN DISCLOSURES; AND BY ADDING SECTION 37-10-119 SO AS TO PROVIDE THAT SOUTH CAROLINA LAW APPLIES IN A CONSUMER LOAN TRANSACTION SECURED BY THE DWELLING PLACE OF A LEGAL RESIDENT OF THIS STATE.
Referred to Committee on Labor, Commerce and Industry

H. 5108 (Word version) -- Reps. Law, Cato, Sandifer and Trotter: A BILL TO REPEAL SECTION 58-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL REPORTS REQUIRED OF DEMAND-SIDE ACTIVITIES OF CERTAIN GAS AND ELECTRIC UTILITIES.
Referred to Committee on Labor, Commerce and Industry

H. 5109 (Word version) -- Reps. A. Young and Meacham-Richardson: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, SO AS TO PROVIDE A SIX YEAR MOTOR VEHICLE REGISTRATION PERIOD WITH THE REGISTRATION FEE FOR THIS SIX YEAR REGISTRATION PAID BIENNIALLY; AND TO AMEND ARTICLE 21, CHAPTER 37 OF TITLE 12, RELATING TO THE PAYMENT OF PROPERTY TAXES ON MOTOR VEHICLES INCIDENT TO VEHICLE REGISTRATION AND LICENSING, SO AS TO CONFORM THE METHOD OF PAYING AND COLLECTING THE ANNUAL PROPERTY TAX ON MOTOR VEHICLES TO THE REVISED REGISTRATION PERIOD.
Referred to Committee on Ways and Means

H. 5110 (Word version) -- Rep. Loftis: A BILL TO AMEND SECTION 50-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF HUNTING AND FISHING LICENSES, SO AS TO PROVIDE THAT ALL LICENSES ISSUED PURSUANT TO SECTIONS 50-9-510, 50-9-540, AND 50-9-550 OF THE 1976 CODE ARE VALID FROM THE DATE OF ISSUE FOR A PERIOD OF TWELVE MONTHS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 5111 (Word version) -- Rep. Carnell: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO ADD THE REQUIREMENT THAT AN APPLICANT, IF SIXTY-FIVE YEARS OF AGE OR OLDER, MUST INDICATE WHETHER HE DOES OR DOES NOT DESIRE TO SERVE AS A JUROR IN MAGISTRATES COURT IF SUMMONED.
Referred to Committee on Judiciary

H. 5112 (Word version) -- Reps. Cooper, Stille, Townsend and White: A BILL TO AMEND SECTION 56-1-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION FOR DRIVER'S LICENSE APPLICATION, SO AS TO DELETE THE REQUIREMENT FOR THE APPLICANT'S SOCIAL SECURITY NUMBER AND ITS PROOF.
Referred to Committee on Education and Public Works

S. 886 (Word version) -- Senators Leatherman, McGill, Land, Glover, Saleeby, Rankin and Elliott: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ESTABLISH THE DESIGNATION OF "DISTRESSED COUNTY", PROVIDE THE CRITERIA FOR THE DESIGNATION AND ALLOW A TAX CREDIT EQUAL TO EIGHT THOUSAND DOLLARS FOR EACH NEW FULL-TIME JOB CREATED IN A DISTRESSED COUNTY, TO LIMIT THE "DISTRESSED" DESIGNATION TO NO MORE THAN SIX COUNTIES, AND TO PROVIDE FOR GROUPS OF AT LEAST SIX, BUT NOT MORE THAN TEN, CONTIGUOUS COUNTIES TO JOIN IN A REGIONAL ALLIANCE AREA TO PROMOTE REGIONAL DEVELOPMENT AND TO ALLOW A COUNTY IN THE ALLIANCE TO BE DESIGNATED AS A "LEAST DEVELOPED COUNTY" IF CERTAIN AVERAGE UNEMPLOYMENT CRITERIA ARE MET IN THE COUNTIES COMPRISING THE ALLIANCE AREA COUNTIES; AND TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO CONFORM THE USE OF FUND REVENUES TO THE "DISTRESSED COUNTY" DESIGNATION AND TO INCREASE FROM FIVE TO TEN MILLION DOLLARS THE THRESHOLD ABOVE WHICH TWENTY-FIVE PERCENT OF FUND REVENUES MUST BE AVAILABLE FOR GRANTS IN COUNTIES ABOVE THE BOTTOM TWO DESIGNATIONS.
Referred to Committee on Ways and Means

S. 1123 (Word version) -- Senators Mescher and Kuhn: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL CONSIST OF NINE MEMBERS WHO SHALL BE ELECTED FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2002, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS.
Referred to Berkeley Delegation

S. 1167 (Word version) -- Senators Pinckney and Richardson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 91, SO AS TO PROVIDE FOR THE ISSUANCE OF A "PENN CENTER" SPECIAL LICENSE PLATE.
Referred to Committee on Education and Public Works

The following Bill was taken up:

H. 4180 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 38-55-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNERAL DIRECTORS ACTING AS AGENTS FOR LIFE INSURERS FOR FUNDING PRENEED FUNERAL CONTRACTS, SO AS TO DELETE THE PROVISION REQUIRING THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO VERIFY THAT SUCH AN INSURANCE POLICY IS CONSISTENT WITH STATUTORY REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS.

Rep. TRIPP explained the Bill.

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

The following Bill was taken up:

S. 982 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND SECTIONS 38-21-170 AND 38-21-270, BOTH AS AMENDED, RELATING TO DIVIDENDS AND DISTRIBUTIONS, SO AS TO MODIFY THE PRESENT RESTRICTIONS BY DELETING THE EARNED SURPLUS REQUIREMENT; TO AMEND SECTION 38-27-50, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE REINSURANCE VEHICLES WITHIN THE DEFINITION OF "PERSON"; TO AMEND SECTION 38-33-280, AS AMENDED, RELATING TO THE ACQUISITION OR EXCHANGE OF SECURITIES OF A HMO, SO AS TO MAKE HMO'S SUBJECT TO THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-44-50, AS AMENDED, RELATING TO THE EXAMINATION AND REVIEW OF MGA BY INSURER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO THE WARNING STAMPED ON POLICIES OF ELIGIBLE SURPLUS LINES INSURERS, SO AS TO CLARIFY THE LANGUAGE CONTAINED THEREIN; TO AMEND SECTION 38-71-760, AS AMENDED, RELATING TO THE STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO CLARIFY CERTAIN MATTERS REGARDING THE EXTENSION OF LIABILITY; TO AMEND SECTION 38-71-880, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL HEALTH BENEFITS, SO AS TO EXTEND PROVISIONS IN ORDER TO AVOID PREEMPTION; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO MAKE A TECHNICAL CORRECTION AS WELL AS MAKE THE LANGUAGE MORE CONSISTENT WITH THAT USED THROUGHOUT CHAPTER 90, TITLE 38; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO CLARIFY THE APPLICABILITY OF SECTION 38-5-170 TO CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO THE REPORTING REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO CLARIFY THE CONTENTS OF THESE REPORTS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE APPLICABILITY OF INVESTMENT REQUIREMENTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-91-10, RELATING TO THE JOINT UNDERWRITING ASSOCIATION, SO AS TO EXTEND THE PERIOD THAT CHAPTER 91, TITLE 38 REMAINS IN FORCE AND EFFECT.

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

The following Bill was taken up:

H. 4898 (Word version) -- Reps. Harrison, Jennings and J. E. Smith: A BILL TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF LEGAL COUNSEL FOR CHILDREN AND PARENTS IN ABUSE AND NEGLECT PROCEEDINGS, SO AS TO ALSO APPLY THESE APPOINTMENT PROCEDURES TO VOLUNTARY PLACEMENT PROCEEDINGS; TO AMEND SECTION 20-7-121, AS AMENDED, RELATING TO THE CREATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM AND COURT-APPOINTED SPECIAL ADVOCATES IN ABUSE AND NEGLECT PROCEEDINGS, SO AS TO ALSO APPLY THE APPOINTMENT OF THESE ADVOCATES TO THE EXTENSION OF VOLUNTARY PLACEMENT AGREEMENTS OR PROCEEDINGS; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILDREN'S CODE, SO AS TO REVISE THE DEFINITIONS OF AN "ABUSED OR NEGLECTED CHILD" AND "ABANDONMENT OF A CHILD" AND TO DELETE THE DEFINITION OF "AFFIRMATIVE DETERMINATION"; TO ADD SECTION 20-7-570 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO BRING A CIVIL ACTION AGAINST A PERSON WHO HAS REPORTED CHILD ABUSE OR NEGLECT MALICIOUSLY OR IN BAD FAITH; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO TAKING EMERGENCY PROTECTIVE CUSTODY OF ABUSED OR NEGLECTED CHILDREN, SO AS TO REVISE THE STANDARD FOR REMOVING OTHER CHILDREN WHO MAY BE AT RISK FROM THE HOME FROM BEING SUBJECT TO "THREAT OF HARM" TO BEING SUBJECT TO "SUBSTANTIAL RISK OF HARM" AND TO MAKE A TECHNICAL REVISION; TO AMEND SECTION 20-7-635, RELATING TO TEMPORARY CRISIS PLACEMENT FOR CHILDREN WHO ARE ABUSED OR NEGLECTED, SO AS TO DELETE THE PROVISION LIMITING SUCH PLACEMENTS TO SEVENTY-TWO HOURS; TO ADD SECTION 20-7-637 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ACCEPT A VOLUNTARY PLACEMENT OF A CHILD MADE BY THE CHILD'S PARENT OR GUARDIAN, TO REQUIRE A PLACEMENT AGREEMENT, AND TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THE VOLUNTARY PLACEMENT; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING RECEIVING AND PROCESSING REPORTS OF CHILD ABUSE OR NEGLECT, SO AS TO REVISE THE CATEGORIZATION OF SUCH REPORTS, TO REVISE RECORD RETENTION PROCEDURES, AND TO REVISE CONFIDENTIALITY AND DISCLOSURE OF INFORMATION PROVISIONS; TO AMEND SECTION 20-7-655, AS AMENDED, RELATING TO THE CHILD PROTECTIVE SERVICES APPEAL PROCESS, SO AS TO ELIMINATE THE APPEALS COMMITTEE PROCESS, TO ESTABLISH THAT SUCH AN APPEAL IS A CONTESTED CASE, TO CLARIFY THAT THE PROCESS IS ONLY AVAILABLE TO PERSONS DETERMINED TO HAVE ABUSED OR NEGLECTED A CHILD, TO CLARIFY PROCEDURES FOR AN INTERIM REVIEW BEFORE A CONTESTED CASE HEARING, AND TO FURTHER SPECIFY REMOVING DATA FROM THE DEPARTMENT'S RECORDS AND THE CENTRAL REGISTRY WHEN ABUSE OR NEGLECT IS NOT FOUND; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO JURISDICTION FOR RECEIVING AND INVESTIGATING INSTITUTIONAL CHILD ABUSE AND NEGLECT REPORTS, SO AS TO CLARIFY THAT THE DEPARTMENT OF SOCIAL SERVICES IS AUTHORIZED TO RECEIVE AND INVESTIGATE SUCH REPORTS IN CHILD DAYCARE FACILITIES AND TO FURTHER PROVIDE FOR THESE INVESTIGATIONS; TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO INFORMATION ON UNFOUNDED REPORTS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROHIBIT THE REGISTRY FROM CONTAINING ANY INFORMATION FROM UNFOUNDED REPORTS; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS CREATED AS A PART OF A QUALITATIVE REVIEW OF A COUNTY'S CHILD WELFARE CASE FILES OR AS A RESULT OF REVIEWS CONDUCTED PURSUANT TO THE DEPARTMENT'S CHILD DEATH PROTOCOL; TO AMEND SECTION 20-7-762, AS AMENDED, RELATING TO TREATMENT PLANS FOR CHILDREN REMAINING AT HOME BUT RECEIVING PROTECTIVE SERVICES, SO AS TO CHANGE THE TERM TO "SERVICE PLAN" AND REVISE LANGUAGE TO CONFORM TO THIS TERM; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR FOSTER CHILDREN, SO AS TO PROVIDE THAT SUCH PLANNING APPLIES TO FOSTER CHILDREN IN THE CUSTODY OF THE DEPARTMENT BY ANY MECHANISM, TO REVISE TIME FRAMES FOR ACCOMPLISHING PERMANENCY PLANS, AND TO REQUIRE ANNUAL COURT REVIEW OF SUCH PLANS FOR CHILDREN TEN YEARS OLD AND OLDER AND BIANNUALLY FOR CHILDREN UNDER TEN YEARS OF AGE; TO AMEND SECTION 20-7-768, RELATING TO EXEMPTIONS FROM TERMINATION OF PARENTAL RIGHTS, SO AS TO CONFORM CROSS REFERENCES AND LANGUAGE TO OTHER AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS A GROUND FOR TERMINATION A CHILD RESIDING IN FOSTER CARE FOR ONE HUNDRED EIGHTY DAYS AND THAT THE CONDITION THAT LED TO FOSTER CARE STILL EXISTS; TO AMEND SECTION 20-7-1642, AS AMENDED, TO ADD SECTION 20-7-2265, AND TO AMEND SECTIONS 20-7-2725, 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2900, AND 20-7-3097, ALL AS AMENDED, AND ALL RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS, SO AS TO PROVIDE THAT WHEN A CRIMINAL HISTORY BACKGROUND CHECK IS REQUIRED FOR LICENSING, REGISTRATION, APPROVAL, OR RENEWAL, OR PLACEMENT OR SERVICE AS A CAREGIVER OR VOLUNTEER OR EMPLOYMENT WITH A CHILD WELFARE AGENCY, SUCH ACTIVITY MAY NOT BE PROHIBITED IF A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE HAS BEEN PARDONED, UNLESS OTHER CIRCUMSTANCES WARRANT PROHIBITING THE ACTIVITY; TO AMEND SECTION 20-7-3010, AS AMENDED, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES AUTHORITY TO SEEK AN INJUNCTION AGAINST A CHILD DAYCARE FACILITY, SO AS TO PROVIDE THAT SUCH AN INJUNCTION MUST BE BROUGHT IN CIRCUIT COURT, RATHER THAN FAMILY COURT; AND TO REPEAL SECTION 20-7-2920, RELATING TO SEEKING INJUNCTIONS AGAINST A CHILD DAYCARE CENTER OR GROUP DAYCARE HOME.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11556AC02), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 4 of the bill and inserting:
/SECTION     4.     The 1976 Code is amended by adding:

"Section 20-7-570.     (A)     If the family court determines pursuant to Section 20-7-695 that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, the department may bring a civil action to recover the costs of the department's investigation and proceedings associated with the investigation, including attorney's fees. The department also is entitled to recover costs and attorney's fees incurred in the civil action authorized by this section. Whether to bring a civil action pursuant to this section is in the sole discretion of the department.

(B)     If the family court determines pursuant to Section 20-7-695 that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567 a person who was subject of the false report has a civil cause of action against the person who made the false report and is entitled to recover from the person who made the false report such relief as may be appropriate, including:

(1)     actual damages;

(2)     punitive damages; and

(3)     a reasonable attorney's fee and other litigation costs reasonably incurred." /
Amend the bill further, by deleting SECTION 6 of the bill in its entirety.
Amend the bill further, by deleting SECTION 9 of the bill and inserting:
/SECTION     9.     Section 20-7-650(H) through (U) of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:

"(H)     Reports of child abuse and neglect must be entered immediately into the department's centralized data system in one of four three categories: Suspected, Unfounded, and Indicated, or Affirmative Determination. If the report is categorized as unfounded, the entry must further state the classification of unfounded report as set forth in subsection (G). All initial reports must be considered suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the department. On or before the expiration of that time, reports must be converted into either unfounded or indicated reports pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of 'affirmative determination'.

(1)     Indicated reports must be accompanied by a description of services being provided as required under subsection (F).

(2)     Affirmative determinations must be accompanied by a description of services being provided the child and those responsible for his welfare and relevant dispositional information.

(I)     The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in department files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports in Category I must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; however, all information in the report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that the report is unfounded, and the remaining information must be kept strictly confidential except for auditing and statistical purposes. If an unfounded report is in Category II or Category III, the report and related information may be retained by the department in its records for one year for use by department staff or law enforcement agencies in relation to child abuse and neglect investigations or proceedings involving the subject of the report or the same child. The department may not use the information in records or entries of Category II or III unfounded reports for any purpose other than child abuse and neglect proceedings involving the same subject or the same child and auditing and statistical purposes. Notwithstanding Section 20-7-690 or any other provision of law, no information contained in unfounded reports may be disclosed under any circumstances, except that:

(1)     the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930;

(2)     information in records concerning Category II or III unfounded reports may be disclosed to a law enforcement agency investigating a child abuse or neglect case involving the subject of the report or the same child.

If an unfounded report is in Category I, only information necessary for auditing and statistical purposes may be retained in department records or in the database. As soon as the record has been used for auditing or statistical purposes, it must be destroyed. All identifying information must be deleted from the database immediately upon use of the entry for auditing or statistical purposes. In no case may the record or entry be kept for more than one year from the date that the report was determined to be unfounded. The department may not use the information contained in records or entries of Category I unfounded cases for any purpose other than auditing or statistical purposes. No information contained in the record or the database concerning a Category I unfounded case may be disclosed to any person or entity other than the Department of Child Fatalities pursuant to Section 20-7-5930.

The confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930, and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930.

(J)     Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files must be converted immediately to the category of "affirmative determination". The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes or persons named in affirmative determinations of child abuse or neglect maintained in agency files must be destroyed seven years from the date services are terminated. Upon a determination that If a court makes a specific determination that it is more likely than not that a person who is was the subject of a report as defined in Section 20-7-490 did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files or if the process described in Section 20-7-655 results in a determination that the person who was the subject of a report as defined in Section 20-7-490 did not commit child abuse or neglect, the department's data system and records must be amended so that they do not identify the person as a perpetrator of abuse or neglect. This provision does not prohibit the department from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for his welfare without identifying a subject of the report or providing child protective services to the child who is the subject of the indicated report and those responsible for the child's welfare.

(K)     No person may disseminate or permit dissemination of information contained in records of unfounded cases in Category II or Category III except as authorized in subsection (I). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both.

(K)(L)     At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:

(1)     must order that a person be entered in the Central Registry of Child Abuse and Neglect if it finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. However, if the only form of physical abuse that is indicated is excessive corporal punishment, the court only may order that the person be entered in the Central Registry if item (2) applies;

(2)     may order that the person be entered in the Central Registry if it finds that there is a preponderance of evidence that the person abused or neglected the child in any manner other than provided for in item (1) and that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.

(L)(M)         The court may order at the probable cause hearing that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K) (L).

(M)(N)         At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of the evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department shall serve a copy of the petition and summary on the person named as perpetrator. The petition shall include a statement that the judge shall rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court shall schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.

(N)(O)     The department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M), or (N) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse.

(O)(P)     The department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.

(P)(Q)     In cases where a person has been placed in the Central Registry of Child Abuse and Neglect, the outcome of any further proceedings must be entered immediately by the department into the Central Registry of Child Abuse and Neglect. If it is determined that a report is unfounded, the department must immediately purge information identifying that person as a perpetrator from the registry and from department records as provided in Section 20-7-680(D) and (E).

(Q)(R)     The department must furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:

(1)     the names of the investigators;

(2)     the allegations being investigated;

(3)     whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;

(4)     the right to inspect department records concerning the investigation;

(5)     statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;

(6)     how information provided by the parent or guardian may be used;

(7)     the possible outcomes of the investigation;

(8)     the telephone number and name of a department employee available to answer questions.

(R)(S)     The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified by the department of the finding. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse.

(S)(T)     The department actively must seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.

(T)(U)     The local office of the department responsible for the county of the mother's legal residence must provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local office is the responsibility of the agency or institution having custody of the mother.

(U)(V)     The agency in all instances must act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."/
Amend the bill, further, Section 20-7-766(G), page 28, line 19 by deleting /After assessing the viability of adoption, If/ and inserting /After assessing the viability of adoption, if/; and on lines 30 and 31 by deleting /such that adoption is not a viable option/. so when amended Section 20-7-766(G) reads:
/     (F)(G)     After assessing the viability of adoption, if the department demonstrates that termination of parental rights is clearly not in the child's best interest and if the court determines that the:

(1)     best interest of the child would be served, the court may order that custody or legal guardianship, or both, be placed with a suitable member of the child's extended family or a suitable nonrelative; however,. A home study on the relative or nonrelative must be submitted to the court for consideration before placement. The court may order a specified period of supervision and services not to exceed twelve months;

(2)     child has special needs or circumstances and that a permanent foster caregiver has been identified by the department, the court may order that the child be placed in permanent foster care with a specified caregiver. If the child is under fourteen years of age, the special needs or circumstances must be shown by clear and convincing evidence;

(3)     child has attained the age of sixteen, reasonable efforts to place the child adoptively have been exhausted, and the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care to provide services needed to assist the child to make the transition to independent living; or

(4)     child has physical, mental, or psychological problems or special treatment needs and must remain in a specialized foster care setting or that the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care pending implementation of a permanent plan. /
Amend the bill, further, by deleting SECTION 17 of the bill and inserting:
/SECTION     17.     Section 20-7-1572(7) of the 1976 Code, as last amended by Act 391 of 1998, is further amended to read:

"(7)     The child has been abandoned as defined in Section 20-7-490(21)(18);"/
Renumber sections to conform.
Amend totals and title to conform.

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

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

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4898 be read the third time tomorrow.

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

H. 4808 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO INFORMATION EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A CONTRACT FOR THE SALE OR PURCHASE OF PROPERTY RELATED TO EFFORTS TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY IS EXEMPT UNTIL THE BUSINESS OR INDUSTRY HAS PUBLICLY ANNOUNCED ITS PROJECT OR A FINAL CONTRACT HAS BEEN EXECUTED AND TO PROVIDE THAT INFORMATION RELATIVE TO EFFORTS OR ACTIVITIES OF A PUBLIC BODY TO ATTRACT BUSINESS OR INDUSTRY TO INVEST IN THIS STATE ARE NOT EXEMPT FROM DISCLOSURE ONCE AN OFFER HAS BEEN ACCEPTED OR REJECTED OR HAS EXPIRED.

Rep. HARRISON explained the Bill.

H. 4930 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE STATE BOARD OF LAW EXAMINERS, SO AS TO PROVIDE THAT THE NUMBER OF MEMBERS AND TERMS MUST BE SET BY THE SUPREME COURT, TO AUTHORIZE A PERSON TO SERVE WHO HAS BEEN PRACTICING LAW FOR SEVEN YEARS, AND TO DELETE THE PROVISION LIMITING BOARD MEMBERSHIP TO ONE FROM EACH CONGRESSIONAL DISTRICT.

Rep. CAMPSEN explained the Bill.

H. 3324 (Word version) -- Rep. Perry: A BILL TO REPEAL CHAPTER 27, TITLE 1, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.

Rep. CAMPSEN explained the Bill.

S. 1177 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2687, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. THOMPSON explained the Joint Resolution.

S. 1178 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL-FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2688, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. THOMPSON explained the Joint Resolution.

H. 4720 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 1 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. 4721 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 7 AND 8, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 2 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS 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. 4653 (Word version) -- Rep. Askins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN FLORENCE COUNTY SCHOOL DISTRICT THREE 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.

S. 947 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT UPON A VOTE BY A MAJORITY OF THE OCONEE COUNTY SCHOOL BOARD OF TRUSTEES, UP TO THREE DAYS MISSED BY THE STUDENTS OF THE OCONEE COUNTY SCHOOL DISTRICT DUE TO INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4808 be read the third time tomorrow.

On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that H. 4930 be read the third time tomorrow.

On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that H. 3324 be read the third time tomorrow.

On motion of Rep. THOMPSON, with unanimous consent, it was ordered that S. 1177 be read the third time tomorrow.

On motion of Rep. THOMPSON, with unanimous consent, it was ordered that S. 1178 be read the third time tomorrow.

On motion of Rep. MCGEE, with unanimous consent, it was ordered that H. 4653 be read the third time tomorrow.

On motion of Rep. SANDIFER, with unanimous consent, it was ordered that S. 947 be read the third time tomorrow.

The following Bill was taken up:

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, 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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11524AC02), which was adopted:
Amend the bill, as and if amended, Section 44-53-365(B), page 2, line 4 by deleting /felony/ and inserting /misdemeanor/; So when amended Section 44-53-365(B) reads:
/(B)     A person who knowingly and intentionally violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than two years or fined not more than two thousand dollars, or both. Upon conviction of a second or subsequent violation of subsection (A), a person must be imprisoned for not more than five years./
Amend the bill further, Section 44-53-360(e), page 2, line 14 after /inclusive,/ by inserting /with the exception of transdermal patches,/; so when amended Section 44-53-360(e) reads:
/(e)     Prescriptions for controlled substances in Schedules II through V, inclusive, with the exception of transdermal patches, must not exceed one hundred twenty-four dosage units or a thirty-one day supply in accordance with dosage instructions, whichever quantity is the lesser. Prescriptions for Schedule II substances must be dispensed within thirty sixty days of the date of issue, after which time they are void./
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

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

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4981 be read the third time tomorrow.

The following Bill was taken up:

H. 3095 (Word version) -- Rep. Whipper: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MUNICIPAL JUDGES, SO AS TO PRESCRIBE A FOUR-YEAR TERM OF OFFICE RATHER THAN HAVING THE COUNCIL OF THE MUNICIPALITY SET THE TERM.

Rep. CAMPSEN explained the Bill.

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

The following Bill was taken up:

H. 4716 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.

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

The following Bill was taken up:

H. 4591 (Word version) -- Reps. Townsend and Walker: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.

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

The following Joint Resolution was taken up:

S. 986 (Word version) -- Senators Leatherman, Hayes, Drummond, Moore, Peeler, Glover, Courson, Land, Mescher and Alexander: A JOINT RESOLUTION TO CREATE A BIRTH DEFECTS SURVEILLANCE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS PURPOSE, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11566AC02), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1 by deleting subsections (C), (D) and (E) and inserting:
/(C)     The task force shall submit a report containing its findings and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives before February 15, 2003. Upon submission of the report the task force is abolished.

(D)     The task force must be staffed by personnel as provided and assigned by the President Pro Tempore of the Senate, by the Speaker of the House of Representatives, and by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

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

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

On motion of Rep. MACK, with unanimous consent, it was ordered that S. 986 be read the third time tomorrow.

The following Joint Resolution was taken up:

H. 5068 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TESTING PROGRAMS (NEW TITLE: ASSESSMENT PROGRAM), DESIGNATED AS REGULATION DOCUMENT NUMBER 2613, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The following Joint Resolution was taken up:

H. 5069 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2679, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The following Joint Resolution was taken up:

H. 5070 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2681, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The following Bill was taken up:

H. 3906 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 15-49-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL DISCRETION IN GRANTING A NAME CHANGE, SO AS TO REQUIRE A PERSON SEEKING A NAME CHANGE TO BE FINGERPRINTED AND TO PROVIDE THE RESULTS OF A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD CHECK, A SCREENING STATEMENT FROM THE DEPARTMENT OF SOCIAL SERVICES THAT THE PERSON IS NOT ON THE DEPARTMENT'S REGISTRY OF PERPETRATORS OF CHILD ABUSE OR NEGLECT, AND A CHILD SUPPORT PAYMENT PRINTOUT; TO EXEMPT FROM THESE REQUIREMENTS PARENTS SEEKING A NAME CHANGE FOR THEIR MINOR CHILD AND PERSONS SEEKING TO RETURN TO THEIR MAIDEN NAME OR A FORMER MARRIED NAME IN A DIVORCE ACTION; AND TO REQUIRE THE COURT TO CONDUCT A HEARING ON THE PETITION.

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

The following Bill was taken up:

H. 5088 (Word version) -- Rep. Vaughn: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ARE ELECTED.

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

The following Joint Resolution was taken up:

H. 5091 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO COMMUNICABLE DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

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

H. 5113 (Word version) -- Reps. Quinn, Huggins and Riser: A BILL TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5, TO NUMBER THE SEATS, AND TO REQUIRE THAT THE RESULTS OF THE ELECTION FOR TRUSTEES MUST BE DETERMINED BY A MAJORITY RATHER THAN A PLURALITY.
Rep. QUINN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Education and Public Works

H. 5114 (Word version) -- Reps. Bowers, Lloyd, R. Brown, Owens and Rhoad: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION, BY ADDING ARTICLE 10 SO AS TO DESIGNATE THE PORTION OF UNITED STATES HIGHWAY 17 LOCATED IN COLLETON COUNTY AS ACE BASIN SCENIC PARKWAY.
Referred to Committee on Education and Public Works

H. 5115 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.
Referred to Committee on Labor, Commerce and Industry

H. 5116 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-200 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL ASSESS A ONE DOLLAR TOLL ON ALL MOTOR VEHICLES THAT EXIT THE STATE ALONG INTERSTATE HIGHWAY 95 IN DILLON AND JASPER COUNTIES, AND TO PROVIDE THAT THE TOLL REVENUES MUST BE USED TO REPAIR AND IMPROVE THE SOUTH CAROLINA SEGMENT OF INTERSTATE HIGHWAY 95.
Referred to Committee on Education and Public Works

H. 5117 (Word version) -- Reps. Whipper, Breeland, Clyburn, Lloyd, Allen, Altman, Bales, Gourdine, J. Hines, Keegan, Mack, McGee, Parks, Sharpe, F. N. Smith and Weeks: A BILL TO AMEND SECTION 22-5-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACCUSED TO BE TRIED BEFORE A MAGISTRATE BEING ENTITLED TO DEPOSIT MONEY IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON HELD OR INCARCERATED IN A JAIL OR DETENTION CENTER WHO IS ENTITLED TO DEPOSIT A SUM OF MONEY IN LIEU OF ENTERING INTO RECOGNIZANCE UNDER THIS SECTION MAY SECURE HIS IMMEDIATE RELEASE FROM CUSTODY BY PAYING TO OR DEPOSITING THE SUM OF MONEY REQUIRED BY THIS SECTION WITH THE JAIL OR DETENTION FACILITY IN WHICH HE IS BEING HELD, AND TO PROVIDE THAT MONEY PAID TO A JAIL OR DETENTION FACILITY UNDER THE AUTHORITY OF THIS SECTION IS DEEMED PAID TO THE MAGISTRATE OR MUNICIPAL JUDGE IN LIEU OF ENTERING INTO RECOGNIZANCE AND MUST BE ACCOUNTED FOR AND PAID OVER TO THE MAGISTRATE OR MUNICIPAL JUDGE BY THE JAIL OR DETENTION FACILITY FOR DISPOSITION ACCORDING TO LAW.
Referred to Committee on Judiciary

H. 5118 (Word version) -- Reps. Quinn and Rice: A BILL TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO ESTABLISH THE COMMISSION, TO FURTHER SPECIFY REQUIREMENTS FOR APPOINTEES TO THE COMMISSION, TO PROVIDE THAT THE COMMISSION SHALL ELECT A VICE CHAIRMAN, IN ADDITION TO A CHAIRMAN, BOTH OF WHOM SHALL SERVE ON THE GOVERNING BOARD OF THE DEPARTMENT OF VOCATIONAL REHABILITATION, TO REQUIRE THE COMMISSION TO ESTABLISH PROGRAMS FOR VOCATIONAL REHABILITATION, TO REQUIRE THE COMMISSION TO INCLUDE OPTOMETRISTS IN ITS REGISTER WITH OPHTHALMOLOGISTS, TO AUTHORIZE THE COMMISSION TO PAY FOR EYE EXAMINATIONS CONDUCTED BY OPTOMETRISTS, TO DELETE PROVISIONS FOR EMPLOYING ITINERANT TEACHERS TO ASSIST IN PUBLIC AND PRIVATE SCHOOLS, TO REQUIRE THE COMMISSION TO PROVIDE EDUCATIONAL SERVICES THAT BENEFIT ALL PERSONS WITH VISUAL IMPAIRMENTS, TO PROVIDE THAT FUNDS APPROPRIATED FOR ADMINISTRATIVE FUNCTIONS OF THE COMMISSION MUST BE APPROPRIATED TO THE DEPARTMENT OF VOCATIONAL REHABILITATION TO CONSOLIDATE THE ADMINISTRATIVE FUNCTIONS OF THE COMMISSION AND THE DEPARTMENT, AND TO REVISE PROCEDURES FOR PERSONS AGGRIEVED BY ACTIONS OF THE DEPARTMENT; AND TO AMEND SECTIONS 43-26-10 AND 43-26-40, RELATING TO LICENSES FOR VENDING FACILITIES OPERATED BY BLIND PERSONS, SO AS TO DEFINE BLIND PERSONS AS PERSONS "VISUALLY IMPAIRED", RATHER THAN "VISUALLY HANDICAPPED" AND TO PROVIDE THAT SUCH LICENSES ARE ISSUED FOR AN INDEFINITE PERIOD RATHER THAN ONE YEAR AND TO DELETE PROVISIONS REQUIRING THE COMMISSION TO SECURE FOR VENDOR LICENSES OR PERMITS REQUIRED BY OTHER GOVERNMENTAL AGENCIES.
Referred to Committee on Ways and Means

H. 5119 (Word version) -- Reps. Sinclair, Whipper, Allison, Coleman, Limehouse, Littlejohn, McCraw, Sheheen, Simrill and Walker: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY GENERAL PROVISIONS, BY ADDING SECTION 23-1-10 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY ENGAGE IN POLITICAL ACTIVITY WHILE OFF DUTY AND MUST NOT BE DENIED THE RIGHT TO REFRAIN FROM ENGAGING IN POLITICAL ACTIVITY; AND BY ADDING ARTICLE 3 RELATING TO DUE PROCESS DISCIPLINARY PROCEDURES FOR LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE DEFINITIONS USED IN CONNECTION WITH DISCIPLINARY PROCEEDINGS FOR LAW ENFORCEMENT OFFICERS DISCIPLINARY PROCEEDINGS, TO PROVIDE FOR CERTAIN RIGHTS AND RESPONSIBILITIES OF EMPLOYING AGENCIES AND LAW ENFORCEMENT OFFICERS IN CONNECTION WITH INVESTIGATIONS INTO ALLEGATIONS THAT A LAW ENFORCEMENT OFFICER COMMITTED AN OFFENSE OR ENGAGED IN MISCONDUCT, TO PROVIDE FOR DUE PROCESS WHEN CONDUCTING DISCIPLINARY HEARINGS, TO PROVIDE FOR AGENCY REVIEW OF CERTAIN FINDINGS AND RECOMMENDATIONS BEFORE TAKING DISCIPLINARY ACTION OR ADVERSE PERSONNEL ACTION AGAINST A LAW ENFORCEMENT OFFICER, TO PROVIDE FOR APPEALS FROM AGENCY FINDINGS AND RECOMMENDATIONS RESULTING IN DISCIPLINARY OR ADVERSE PERSONNEL ACTION AGAINST A LAW ENFORCEMENT OFFICER, AND TO PROVIDE SAFEGUARDS FOR PLACING ADVERSE PERSONNEL AND DISCIPLINARY MATERIAL IN A LAW ENFORCEMENT OFFICER'S PERSONNEL FILE; AND TO DESIGNATE SECTIONS 23-1-15 THROUGH 23-1-225 OF THE 1976 CODE AS ARTICLE 1 OF CHAPTER 1, TITLE 23.
Referred to Committee on Judiciary

H. 5120 (Word version) -- Reps. J. H. Neal, Cobb-Hunter and Snow: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SOUTH CAROLINA CLEAN ELECTIONS ACT", TO PROVIDE A PROCEDURE BY WHICH CERTAIN CANDIDATES FOR OFFICE WHO AGREE TO LIMITATIONS ON CONTRIBUTIONS TO RECEIVE A PREDETERMINED AMOUNT OF PUBLIC FUNDS FOR CAMPAIGNS AND REQUIRE ELECTRONIC DISCLOSURES FOR ALL CAMPAIGN CONTRIBUTIONS TO CANDIDATES AND POLITICAL COMMITTEES.
Referred to Committee on Judiciary

H. 5121 (Word version) -- Rep. J. H. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-25 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A LONG-RANGE STRATEGY FOR PRESERVING AND PROTECTING THE STATE'S NATURAL RESOURCES, TO REQUIRE THE DEPARTMENT IN EVERY MAJOR ENVIRONMENTAL PERMITTING ACTION TO CERTIFY THAT THE ACTIVITY OR PROJECT IS CONSISTENT WITH THE DEPARTMENT'S LONG-RANGE STRATEGY, TO PROVIDE AREAS OF CONSIDERATION BY THE DEPARTMENT IN TAKING SUCH PERMITTING ACTION, AND TO REQUIRE THE DEPARTMENT TO PROMOTE PUBLIC PARTICIPATION IN ITS DECISION-MAKING PROCESS BY PROVIDING PUBLIC NOTICE OF PERMIT APPLICATIONS; TO AMEND SECTION 44-1-20, RELATING TO THE CREATION OF THE DEPARTMENT AND BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PRESCRIBE CERTAIN FACTORS THAT MUST BE CONSIDERED IN APPOINTING MEMBERS TO THE BOARD; AND TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT UNDER THE POLLUTION CONTROL ACT, SO AS TO AUTHORIZE THE DEPARTMENT TO REVIEW AND CONSIDER THE PAST ENVIRONMENTAL COMPLIANCE HISTORY OF AN APPLICANT WHEN MAKING A PERMIT DECISION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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

The Senate returned to the House with concurrence the following:

H. 5033 (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 CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE OUTSTANDING LEADERSHIP AND UNBOUNDED COMMITMENT OF CLEMSON UNIVERSITY ATHLETIC DIRECTOR, BOBBY ROBINSON, ON THE OCCASION OF HIS UPCOMING RETIREMENT AND TO PUBLICLY RECOGNIZE, COMMEND, AND CONGRATULATE OUR GOOD FRIEND.

H. 5045 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO EXPRESS BEST WISHES TO MRS. MILDRED LAMBERT OF AIKEN COUNTY, SOUTH CAROLINA, ON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO WISH HER MANY MORE YEARS OF HEALTH AND HAPPINESS.

H. 5050 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE ORANGEBURG-WILKINSON VARSITY GIRLS BASKETBALL TEAM ON THEIR PHENOMENAL, PERFECT SEASON AND THEIR 2002 CLASS AAAA STATE CHAMPIONSHIP AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.

H. 5052 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO CONGRATULATE THE ALLENDALE-FAIRFAX CLASS AA STATE CHAMPIONSHIP BASKETBALL TEAM ON THE TIGERS' MOMENTOUS RALLY TO TOPPLE THE FAVORITES FROM CALHOUN COUNTY 64-59 AND GRAB THE SCHOOL'S FIRST STATE BASKETBALL TITLE.

H. 5053 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE STATE OF SOUTH CAROLINA TO THE ALLENDALE-FAIRFAX HIGH SCHOOL DEBATE TEAM ON ITS EXCELLENT JANUARY 2002 SHOWING AGAINST NATIONWIDE COMPETITION AT THE ARIZONA STATE UNIVERSITY TOURNAMENT AND HONORING ITS RECENT STELLAR EFFORTS IN STATE COMPETITION.

H. 5059 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO HONOR HELEN MARTIN OF SENECA IN OCONEE COUNTY WHOSE OUTSTANDING COMMITMENT TO COMMUNITY INVOLVEMENT AND IMPROVEMENT HAS BEEN RECOGNIZED BY ECKERD DRUG STORE CORPORATION'S FOURTH ANNUAL SALUTE TO WOMEN PROGRAM.

H. 5072 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND THE SENECA HIGH SCHOOL HONORS CHORALE FOR WINNING THE STATE TITLE AMONG AAA SCHOOLS AND FOR TYING FOR THE GRAND CHAMPIONSHIP AT THE STATE CHORAL FESTIVAL, TO CONGRATULATE THE HONORS CHORALE FOR A LONG TRADITION OF EXCELLENCE IN THE PERFORMING MUSICAL ARTS, AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

H. 5073 (Word version) -- Rep. Owens: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE DORCHESTER ACADEMY RAIDER VARSITY FOOTBALL TEAM UPON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP ON NOVEMBER 16, 2001.

H. 5074 (Word version) -- Rep. Koon: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF MRS. MARY ELLEN "SUE" RAWL WINGARD OF LEXINGTON, ON SATURDAY, MARCH 16, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 5075 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO COMMEND MR. MARSHALL P. WATT, JR., OF IVA, SOUTH CAROLINA, FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO HIS COMMUNITY AND FOR HIS COMMITMENT TO HELPING OTHERS THROUGH A WIDE RANGE OF ACTIVITIES AND RESPONSIBILITIES.

At 12:05 p.m. the House, in accordance with the motion of Rep. MCLEOD, adjourned in memory of Theresa Anne (Terrie) Lander-Duffy, daughter of Comptroller General James A. Lander, to meet at 10:00 a.m. tomorrow.

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