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:
The thought for today comes from Lamentations 3:40: "Let us test and examine our ways and return to the Lord."
Ever faithful God, across countless ages, You have poured out Your grace upon us to fulfill Your promises to us. Grant us the patience to find that living fulfillment in the persons and events which surround us. Make Your presence known to us that we do what we need to do in this place for the people of this State. Grant us wisdom and grant us courage for the living of these days. Hear us, good Lord. 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. KIRSH moved that when the House adjourns, it adjourn in memory of Bill Hershman of Clover, which was agreed to.
On motion of Rep. FLEMING, with unanimous consent, the following were taken up for immediate consideration and accepted:
April 24, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Speech-Language-Hearing Association the Members of the House of Representatives and staff are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on May 1, 2002, from 8:00 a.m. until 10:00 a.m.
Sincerely,
June Maranville
President
April 24, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Poultry Federation the Members of the House of Representatives are invited to a reception. This event will be held at the Clarion Town House on May 1, 2002, from 6:00 p.m. to 7:30 p.m.
Sincerely,
Jack Shuler, Chairman
SC Poultry Federation Board of Directors
April 24, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Asthma Planning Alliance the Members of the House of Representatives are invited to a breakfast. This event will be held on the State House Grounds on May 8, 2002, from 8:00 a.m. until 11:00 a.m.
Sincerely,
Dianne Minasian
Co-Chair
April 24, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of ALLTEL the Members of the House of Representatives and staff are invited to a ice cream social. This event will be held on the State House Grounds on May 8, 2002, from 11:30 a.m. until 2:00 p.m.
Sincerely,
Kay Berry
Coordinator-Governmental Affairs
April 24, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Food Service Association the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on May 9, 2002, from 8:30 a.m. until 10:00 a.m.
Sincerely,
Ann Aley, Chair
Legislative Committee
April 24, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Commission on Higher Education the Members of the House of Representatives are invited to the Governor's Palmetto Fellows Scholarship reception. This event will be held on the State House Grounds on May 15, 2002, at 3:30 p.m.
Sincerely,
Rayburn Barton
Executive Director
April 24, 2002
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of Blue Cross and Blue Shield the Members of the House of Representatives, staff and family are invited to a softball game and picnic. This event will be held at the Capitol City Bombers Stadium on May 22, 2002, at 6:30 p.m.
Sincerely,
Edward Sellers
Chairman
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5155 (Word version) -- Rep. Altman: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES REMEMBER THAT FEDERAL JUDGES ARE NOT APPOINTED FOR LIFE, BUT PURSUANT TO THE UNITED STATES CONSTITUTION ARE APPOINTED DURING "GOOD BEHAVIOR".
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5129 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO ENDORSE THE DEPLOYMENT OF THE PREPASS ELECTRONIC PRECLEARANCE SYSTEM IN SOUTH CAROLINA AND TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO IMPLEMENT THIS SYSTEM.
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4327 (Word version) -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 41 BYPASS, WHICH CREATES PART OF THE BOUNDARY OF WILLIAMSBURG AND GEORGETOWN COUNTIES, BETWEEN SOUTH CAROLINA HIGHWAY 41 AND HORSEPEN CREEK, "SIMPSON PRICE ROAD" AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3905 (Word version) -- Reps. Whipper, Altman, R. Brown, Campsen, Carnell, Cobb-Hunter, Harvin, Kelley and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATES COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4864 (Word version) -- Reps. Sheheen, Altman and Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-115 SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A NOTICE FOR TRIAL BASED UPON THE SWORN STATEMENT OF AN AFFIANT WHO IS NOT A LAW ENFORCEMENT OFFICER BUT MAY NOT ISSUE AN ARREST WARRANT IF THE AFFIANT IS NOT A LAW ENFORCEMENT OFFICER.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4989 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, SO AS TO PROVIDE THAT, WHENEVER NOTICE IS GIVEN TO A DEFENSE ATTORNEY OF THE SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, THE SOLICITOR MUST ALSO GIVE NOTICE OF INTENT TO SEEK THE DEATH PENALTY TO THE COURT ADMINISTRATOR OF THIS STATE; AND TO AMEND TITLE 14, RELATING TO COURTS, BY ADDING CHAPTER 29 SO AS TO PROVIDE GENERAL PROVISIONS FOR COURT ADMINISTRATION INCLUDING PROVISIONS RELATING TO SOLICITORS PROVIDING NOTICE OF INTENTION TO SEEK THE DEATH PENALTY IN CERTAIN CASES AND THE REPORTING OF CERTAIN STATISTICAL INFORMATION TO THE OFFICE OF THE COURT ADMINISTRATOR RELATING TO CRIME TO ENABLE ACCURATE RECORDKEEPING.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4713 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORONER OR MEDICAL EXAMINER, OR THEIR DEPUTIES, CERTIFYING THE CAUSE OF DEATH ON DEATH CERTIFICATES, SO AS TO REQUIRE THEM TO COMPLETE THE CERTIFICATE RATHER THAN TO COMPLETE AND SIGN THE CERTIFICATE; AND TO AMEND SECTION 44-63-40, RELATING TO STATE AND COUNTY REGISTRARS AND CERTAIN DUTIES ASCRIBED TO THEM CONCERNING VITAL RECORDS, SO AS TO REQUIRE REPORTS OF BIRTH, DEATH, AND FETAL DEATH TO BE TRANSMITTED TO THE STATE REGISTRAR RATHER THAN FILED WITH THE COUNTY REGISTRAR.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
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.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.
Ordered for consideration tomorrow.
The following was introduced:
H. 5173 (Word version) -- Reps. Knotts, Bingham, Frye, Huggins, Koon, Riser, Stuart, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, 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, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, 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, 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, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION RECOGNIZING AND THANKING BEVERLY BRANDES, OF LEXINGTON COUNTY, FOR HER DEDICATION AND SERVICE TO THE IRMO-CHAPIN COMMUNITY.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5174 (Word version) -- Reps. Sharpe, Witherspoon and Ott: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD A CLASSIFICATION FOR SALTWATER GAME FISH AND PROVIDE THAT SPOTTED SEA TROUT (WINTER TROUT), CYNOSCION NEBULOSUS, RED DRUM (CHANNEL BASS), SCIAENOPS OCELLATUS, TARPON, MEGALOPS ATLANTICUS, AND ANY SPECIES OF BILLFISH OF THE FAMILY ISTIOPHORIDAE ARE SALTWATER GAME FISH; TO AMEND CHAPTER 9, TITLE 50 RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, BY ADDING SECTION 50-9-75 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE, ACQUIRE, OR POSSESS A LICENSE, PERMIT, STAMP, REGISTRATION, OR TAG WHILE PRIVILEGES ALLOWED BY THE LICENSE, PERMIT, STAMP, REGISTRATION, OR TAG ARE SUSPENDED OR REVOKED, AND THAT IT IS UNLAWFUL TO PURCHASE A LICENSE, PERMIT, STAMP, REGISTRATION, OR TAG WITH A CHECK, DRAFT, OR OTHER WRITTEN INSTRUMENT ON A BANK, OR DEPOSITORY WHEN THE PERSON PRESENTING THE CHECK, DRAFT, OR OTHER WRITTEN INSTRUMENT DOES NOT HAVE AN ACCOUNT WITH, OR DOES NOT HAVE SUFFICIENT FUNDS ON DEPOSIT WITH THE BANK, OR DEPOSITORY TO PAY THE CHECK, AND TO PROVIDE FOR RESTITUTION AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-5-1700, RELATING TO TAKING OF SALTWATER GAME FISH AND IMPORTATION BY SEAFOOD DEALERS OF RED DRUM OR SPOTTED SEA TROUT, SO AS TO PROVIDE THAT PROOF OF ORIGIN REQUIRED OF WHOLESALE OR RETAIN SEAFOOD DEALERS OR BUSINESSES IMPORTING RED DRUM OR SPOTTED SEA TROUT MUST BE AN ORIGINAL OR COPY OF A HARVEST DOCUMENT, TRIP TICKET, INVOICE, OR BILL OF SALE INDICATING WHERE THE FISH WERE TAKEN, AND THE NAME OF THE COMMERCIAL FISHERMAN WHO TOOK THE FISH; TO AMEND SECTION 50-5-1705, RELATING TO CERTAIN CATCH LIMITS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR HAVE IN POSSESSION MORE THAN TEN SPOTTED SEA TROUT, TWO RED DRUM, ONE TARPON, OR TWENTY FLOUNDER, THAT IT IS UNLAWFUL TO GIG FOR SPOTTED TROUT OR RED DRUM FROM DECEMBER FIRST THROUGH THE LAST DAY OF FEBRUARY, THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR HAVE IN POSSESSION SPOTTED SEA TROUT OF LESS THAN THIRTEEN INCHES, FLOUNDER OF LESS THAN TWELVE INCHES, OR RED DRUM OF LESS THAN FIFTEEN INCHES, THAT CERTAIN FINFISH SPECIES MUST BE BROUGHT TO THE DOCK OR LANDED WITH THE HEAD AND TAIL FIN INTACT, AND THAT RETURNING A FISH OF UNLAWFUL SIZE IMMEDIATELY TO THE WATER DOES NOT CONSTITUTE A VIOLATION OF THIS SECTION; TO AMEND SECTION 50-5-1710, RELATING TO CERTAIN SIZE LIMITS, SO AS TO STRIKE CERTAIN PROVISIONS RELATING TO THE TAKING, POSSESSION, AND SALE OF SPOTTED SEA TROUT, FLOUNDER, AND RED DRUM, TO PROVIDE THAT IT IS UNLAWFUL TO TAKE, POSSESS, LAND, SELL, OR PURCHASE CERTAIN SPECIES OF FISH INDIGENOUS TO THE WATERS OF THE ATLANTIC OCEAN ADJACENT TO THIS STATE, AND TO PROVIDE FOR WHEN A WHOLESALE OR RETAIL SEAFOOD DEALER OR OTHER BUSINESS MAY IMPORT UNDERSIZED FISH; TO AMEND SECTION 50-9-710, RELATING TO CERTAIN CHILDREN, PRIVATE PONDS, AND PAY-TO-FISH BUSINESSES, SO AS TO STRIKE CERTAIN PROVISIONS RELATING TO COMMERCIAL FISHING LAKE OPERATORS AND PAY-TO-FISH COMMERCIAL BUSINESS LICENSES AND PROVIDE COMMERCIAL FISHING LAKES AND PAY-TO-FISH COMMERCIAL BUSINESSES HAVING AQUACULTURE PERMITS OR REGISTRATION ARE EXEMPT FROM THE REQUIREMENT TO PURCHASE ANNUAL LICENSES; TO AMEND SECTION 50-13-280, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT CERTAIN AQUACULTURE PRODUCED FISH DO NOT APPLY; TO AMEND SECTION 50-13-1130, RELATING TO A COMMERCIAL FRESHWATER FISHING LICENSE BEING REQUIRED WHEN TAKING CATFISH FOR SALE FROM PUBLIC WATERS, SO AS TO PROVIDE THAT A COMMERCIAL FRESHWATER FISHING LICENSE IS REQUIRED WHEN TAKING CERTAIN FRESHWATER NONGAME FISH FOR SALE FROM PUBLIC WATERS, TO PROVIDE FOR CERTAIN REQUIRED DOCUMENTATION, AND TO PROVIDE PENALTIES; TO AMEND SECTION 50-13-1610, RELATING TO THE UNLAWFUL SALE OR TRAFFIC IN CERTAIN GAME FISH, SO AS TO REVISE THE PENALTIES; TO RENAME AND AMEND ARTICLE 1, CHAPTER 18, TITLE 50 OF THE 1976 CODE, RELATING TO AQUACULTURE, SO AS TO ENACT "THE AQUACULTURE ENABLING ACT OF 2002", INCLUDING PROVISIONS; TO AMEND SECTION 50-18-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THIS CHAPTER, SO AS TO PROVIDE CERTAIN DEFINITIONS RELATING TO AQUACULTURE AND REGULATION OF AQUACULTURE BUSINESS; TO AMEND SECTION 50-18-20, AS AMENDED, RELATING TO PRODUCTION AND SALE OF HYBRIDS AND CERTAIN CERTIFICATES OF PERMISSION AND PERMITS, SO AS TO REWRITE THE SECTION AND PROVIDE THAT, WITH THE EXCEPTION OF SALTWATER MOLLUSCAN SHELLFISH, THE DEPARTMENT OF NATURAL RESOURCES HAS JURISDICTION TO REGULATE AND CONTROL AQUACULTURE IN THIS STATE AND IS AUTHORIZED TO CONDUCT RESEARCH, SURVEYS, AND INVESTIGATIONS TO PROVIDE FOR THE DEVELOPMENT OF AQUACULTURE AND AQUATIC STOCK ENHANCEMENT IN THIS STATE; TO AMEND SECTION 50-18-30, AS AMENDED, RELATING TO DOCUMENTATION REQUIRED FOR THE TRANSFER OF HYBRIDS, SO AS TO REWRITE THE SECTION AND PROVIDE THAT CERTAIN OUT-OF-STATE AQUACULTURISTS, COMMON CARRIERS WHO DELIVER PRODUCTS IN THIS STATE, AND OTHER PERSONS BUYING, RECEIVING, OR SELLING OUT-OF-STATE AQUACULTURE PRODUCTS IN THIS STATE MUST COMPLY WITH THE REGISTRATION, PERMITTING, LICENSING, AND DOCUMENTATION REQUIREMENTS OF THIS CHAPTER; TO AMEND SECTION 50-18-40, AS AMENDED, RELATING TO DESTRUCTION OF NONCERTIFIED STRIPED BASS, SO AS TO REWRITE THE SECTION AND PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO ENGAGE IN AQUACULTURE FOR A COMMERCIAL PURPOSE EXCEPT AS PROVIDED IN TITLE 50 OF THE 1976 CODE; TO AMEND SECTION 50-18-50, AS AMENDED, RELATING TO ACQUISITION AND PRODUCTION OF BROOD STOCK, SO AS TO REWRITE THE SECTION AND PROVIDE FOR CERTAIN AQUACULTURE PERMITS AND REGISTRATION REQUIRED BEFORE ENGAGING IN CERTAIN AQUACULTURE ACTIVITIES, AND TO PROVIDE FOR EXCEPTIONS TO THE PERMIT AND REGISTRATION REQUIREMENTS; TO AMEND SECTION 50-18-60, AS AMENDED, RELATING TO INVOICES REQUIRED FOR THE SALE OF FINGERLINGS, SO AS TO REWRITE THE SECTION AND PROVIDE FOR AQUACULTURE PERMIT FEES AND FOR THE USE OF REVENUE; TO PROVIDE FOR CERTAIN PREREQUISITES FOR ENGAGING IN NONINDIGENOUS SPECIES AQUACULTURE; TO AMEND SECTION 50-18-70, AS AMENDED, RELATING TO CERTAIN INVOICES OR NOTICES REQUIRED FOR SHIPMENTS OF HYBRIDS, LIVE FISH, OR EGGS, SO AS TO REWRITE THE SECTION AND PRESCRIBE CERTAIN PREREQUISITES FOR NONINDIGENOUS SPECIES AQUACULTURE; TO AMEND SECTION 50-18-80, AS AMENDED, RELATING TO DECALS REQUIRED FOR CERTAIN VEHICLES, BOATS, AND TRANSPORTATION DEVICES, SO AS TO REWRITE THE SECTION AND PROVIDE FOR CERTAIN POWERS AND DUTIES RELATING TO AQUACULTURE INSPECTIONS BY THE DEPARTMENT; TO AMEND SECTION 50-18-90, AS AMENDED, RELATING TO INVOICES REQUIRED FOR TRANSFERS OF CERTAIN AQUACULTURE SPECIES, FEED AND SUPPLIES, AND NOTIFICATION OF DIE-OFFS, SO AS TO REWRITE THE SECTION AND PROVIDE FOR WHOLESALE AQUACULTURE LICENSES; TO AMEND SECTION 50-18-100, AS AMENDED, RELATING TO CERTAIN LABELING REQUIREMENTS, SO AS TO REWRITE THE SECTION AND PROVIDE FOR AQUACULTURED GAME FISH RETAIL LICENSES; TO AMEND SECTION 50-18-110, AS AMENDED, RELATING TO MISUSE OF CERTAIN INSTRUMENTS REQUIRED BY CHAPTER 18, TITLE 50 OF THE 1976 CODE, SO AS TO REWRITE THE SECTION AND PROVIDE FOR CERTAIN DOCUMENTATION AND REPORTS REQUIRED FOR AQUACULTURE PRODUCT TRANSFERS; TO AMEND SECTION 50-18-120, AS AMENDED, RELATING TO INVOICES REQUIRED FOR TRANSFER OF HYBRIDS AND INSPECTION OF CERTAIN FACILITIES, SO AS TO REWRITE THE SECTION AND PROVIDE THAT IT IS UNLAWFUL TO RELEASE AQUACULTURED SPECIES IN THE WATERS OF THIS STATE WITHOUT A PERMIT ISSUED BY THE DEPARTMENT AND TO PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT TO ISSUE A PERMIT FOR THE RELEASE OF AQUACULTURED SPECIES; TO AMEND SECTION 50-18-130, AS AMENDED, RELATING TO AQUACULTURE SPECIES BEING DESIGNATED AS "FARM RAISED", SO AS TO REWRITE THE SECTION AND PROVIDE FOR THE ACQUISITION OF AQUACULTURE BROOD STOCK FROM STATE WATERS; TO AMEND SECTION 50-18-140, AS AMENDED, RELATING TO CERTAIN INVOICES AND LABELS REQUIRED FOR THE SALE OF HYBRIDS FOR AQUACULTURE, SO AS TO REWRITE THE SECTION AND PROHIBIT THE MISUSE OF AN INSTRUMENT REQUIRED BY THIS CHAPTER TO DEFRAUD A PERSON OR THE DEPARTMENT; TO AMEND SECTION 50-18-150, AS AMENDED, RELATING TO PERMITS, NOTICES, INVOICES, AND INSPECTIONS WHEN SHIPPING HYBRIDS INTO THE STATE, SO AS TO REWRITE THE SECTION AND PROVIDE THAT IT IS UNLAWFUL TO TAMPER WITH, DAMAGE, VANDALIZE, POISON, OR STEAL THE PRODUCTS OR FACILITIES UTILIZED IN AQUACULTURE OR AQUACULTURE BUSINESSES OF A PERSON PERMITTED, REGISTERED, OR LICENSED UNDER THIS CHAPTER; TO AMEND SECTION 50-18-160, AS AMENDED, RELATING TO INVOICES, BILLS OF LADING, INSPECTIONS, AND LABELS REQUIRED WHEN TRANSPORTING HYBRIDS, SO AS TO REWRITE THE SECTION AND PROVIDE FOR MAGISTRATE'S COURT JURISDICTION AND PENALTIES FOR VIOLATIONS OF THIS CHAPTER; TO AMEND SECTION 50-18-170, AS AMENDED, RELATING TO THE PROHIBITION OF LABELS UNATTACHED TO PRODUCT, SO AS TO REWRITE THE SECTION AND PROVIDE THAT THE DEPARTMENT MAY BRING A CIVIL ACTION TO PREVENT DAMAGE TO OR TO RESTORE NATURAL RESOURCES FOR ANY LOSS CAUSED BY A PERSON REQUIRED TO BE LICENSED, REGISTERED, OR PERMITTED PURSUANT TO THIS CHAPTER; AND TO REPEAL ARTICLE 21 OF CHAPTER 5, TITLE 50, AND SECTIONS 50-13-120, 50-13-350, 50-13-510, 50-13-1620, 50-13-1640, 50-13-1650, 50-13-1670, 50-13-1680, 50-13-1690, 50-13-1700, 50-13-1710, 50-13-1720, 50-13-1730, 50-13-1740, 50-13-1750, AND 50-13-1760 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 992 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-71 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A TASK FORCE TO RECOMMEND A UNIFORM BEGINNING DATE FOR THE ANNUAL SCHOOL TERM, TO PROVIDE THE DATES WHEN THE RECOMMENDATION OF THE TASK FORCE IS DUE, AND TO PROVIDE THAT THE STATE BOARD SHALL ADOPT AND THE SEVERAL SCHOOL DISTRICTS OF THIS STATE SHALL IMPLEMENT THE RECOMMENDATION FOR A BEGINNING DATE EFFECTIVE WITH THE 2003-2004 SCHOOL YEAR TO THE EXTENT THAT NO ANNUAL SCHOOL TERM IN ANY SCHOOL DISTRICT MAY BEGIN BEFORE THE RECOMMENDED STARTING DATE FOR SCHOOLS.
Referred to Committee on Education and Public Works
S. 1237 (Word version) -- Senator Holland: A JOINT RESOLUTION TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF CLERK OF COURT OF CHESTERFIELD COUNTY FOR THE REMAINDER OF THE TERM.
On motion of Rep. FREEMAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Haskins Hayes Hines, J. Hines, M. Hinson Howard Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Rodgers Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Stille Stuart Taylor Thompson Townsend Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A.
I came in after the roll call and was present for the Session on Wednesday, April 24.
J.J.Snow Jimmy Bales Chip Huggins Lonnie Hosey Vincent Sheheen Denny Neilson Bessie Moody-Lawrence Marty Coates G. Murrell Smith Scott Talley Daniel Tripp James Harrison Douglas Jennings Todd Rutherford Richard Quinn Alex Harvin Chip Limehouse Jeff Young
DOCTOR OF THE DAY
Announcement was made that Dr. Marc D. New of North Charleston is the Doctor of the Day for the General Assembly.
Reps. MILLER and SNOW presented to the House the Georgetown Middle School Cheerleading Squad, National Cheerleading Champions, their coach and other school officials.
Reps. EMORY and J. M. NEAL presented to the House the Indian Land High School Lady Warriors Volleyball Team, the 2001 Class A 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. 4922 (Word version)
Date: ADD:
04/24/02 LOFTIS
Bill Number: H. 4899 (Word version)
Date: ADD:
04/24/02 BOWERS
Bill Number: H. 3093 (Word version)
Date: ADD:
04/24/02 COATES
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 5148 (Word version) -- Rep. Kirsh: A BILL TO ALLOW THE BOARD OF TRUSTEES OF CLOVER SCHOOL DISTRICT TWO IN YORK COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT FOR THE PURPOSE OF REIMBURSING THE DISTRICT'S GENERAL FUND FOR CAPITAL EXPENDITURES MADE FROM THAT FUND IN PRIOR YEARS AND TO REQUIRE THESE BONDS TO MATURE IN NO MORE THAN FIVE YEARS.
H. 5160 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON APRIL 12, 2002, BY THE STUDENTS OF GRANARD MIDDLE SCHOOL IN THE CHEROKEE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO FIRE 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.
Rep. MCCRAW moved to adjourn debate upon the following Bill until Tuesday, April 30, which was adopted:
S. 1205 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 ARE TO BE ELECTED, SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION IN 2002, MEMBERS MUST BE ELECTED FROM THE SCHOOL DISTRICT AT-LARGE.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1210 (Word version) -- Senator Moore: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR EDGEFIELD COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE EDGEFIELD COUNTY ELECTION COMMISSION AND THE EDGEFIELD COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW EDGEFIELD COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
S. 1223 (Word version) -- Senator Short: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF FAIRFIELD COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR FAIRFIELD COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE FAIRFIELD COUNTY ELECTION COMMISSION AND THE FAIRFIELD COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW FAIRFIELD COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.
S. 1183 (Word version) -- Senators Leventis and Land: A BILL TO AMEND ACT 741 OF 1990, AS AMENDED, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 17 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THESE TRUSTEES ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.
H. 5172 (Word version) -- Rep. Coleman: A BILL TO AMEND ACT 191 OF 1991, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE AMOUNT OF ANNUAL SCHOOL BUDGET INCREASES WHICH DO NOT REQUIRE THE APPROVAL OF THE COUNTY COUNCIL, AND TO DELETE CERTAIN LANGUAGE RELATING TO THE NOTIFICATION OF AND SETTING OF THE SCHOOL MILLAGE.
Rep. VAUGHN moved to adjourn debate upon the following Bill, which was adopted:
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.
The following Bill was taken up:
H. 4922 (Word version) -- Reps. Scarborough, Owens, Limehouse, White, Trotter, Townsend, Cooper, Kelley, Meacham-Richardson, Altman and Loftis: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD AND TO PROVIDE THAT IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.
Rep. HARRISON explained the Bill.
Rep. CLYBURN moved to adjourn debate on the Bill until Thursday, April 25, which was agreed to.
The following Bill was taken up:
H. 4858 (Word version) -- Reps. Sharpe, Davenport and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC TOXICITY PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE TOXICITY NPDES PERMIT LIMITATIONS IF A DISCHARGE HAS THE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11608AC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "Aquatic Toxicity Protection Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 48-1-87. (A) The department shall impose whole effluent toxicity ('WET') NPDES permit limitations expressed in terms of survival endpoints where, based on the mixing zone authorized in subsection (E) below, it determines that a discharge has the reasonable potential to cause or contribute to an excursion of any water quality criteria in R.61-68, other than numeric criteria for specific pollutants, that may apply to the protection of indigenous aquatic organisms from lethality. A reasonable potential determination must be based:
(1) on a weight-of-evidence approach and, whenever feasible, must give priority consideration to the actual instream biological condition using data on indigenous organisms present above and below an outfall and, additionally or alternatively, from nearby reference waterbodies;
(2) exclusively on WET test results at levels above which there is adequate confidence that test survival in the effluent is statistically significantly different from test survival in the control.
(B) The department shall promulgate as an amendment to R.61-68 a methodology for interpreting and implementing any water quality criteria that may apply to the protection of indigenous aquatic life from sublethal effects, including reproduction and growth. This methodology must be based on the following studies:
(1) The department shall perform studies to develop a valid scientific correlation between each standard WET test sublethal endpoint (e.g. Ceriodaphnia reproduction, fathead minnow survival, etc.) and the biological integrity of lakes, streams, and estuaries in South Carolina. Biological integrity includes the richness, abundance, and balanced community structure of indigenous aquatic organisms.
(2) The department shall perform studies to calibrate EPA's standard toxicity testing species and methods to the unique natural chemistry found in the lakes, streams, groundwater, and natural storm water runoff of South Carolina. These studies shall establish means for the department to distinguish and to account for, in reasonable potential and permit limit derivation proceedings, the level of adverse effect on nonindigenous standard test species actually caused by discharges of pollutants, rather than by natural water quality factors outside the control of the discharger.
(3) The department shall undertake a study as necessary to identify fish and invertebrate species, native to South Carolina, that can be used for WET testing in South Carolina. This study shall include sensitivity analyses to validate native species for use in further WET tests per EPA guidance.
(C) Until such time as the department promulgates the methodology required in subsection (B), the department shall impose WET NPDES permit limitations expressed in terms of sublethal endpoints only where it determines, based on the mixing zone authorized under subsection (E), that a discharge has the reasonable potential to cause or contribute to an excursion of any water quality criteria, other than numeric criteria for specific pollutants, that may apply to the protection of indigenous aquatic life from sublethal effects. The department shall find reasonable potential only where it can document, based on scientifically established and statistically sound procedures and results, that a substantially significant relationship exists between sublethal WET test results for a particular discharge and the corresponding degree of adverse impact on the indigenous biological community downstream of the discharge.
(D) The department must not use the results of sublethal WET testing as the basis for imposing requirements on permittees, other than permit limitations justified in subsection (C), unless the effluent has exhibited significant and persistent elevated WET test results.
(E) For purposes of performing WET reasonable potential determinations and, where justified, setting WET permit limitations, the department shall interpret and implement any applicable water quality criteria in R. 61-68 based on the actual frequency, duration, and magnitude of exposure to potentially toxic discharges. Among other actions, the department shall:
(1) evaluate chronic instream exposure based on the flow statistically calculated to represent the lowest average flow conditions that occur continuously for a seven-day period once every ten years (7Q10) or other reasonably equivalent low flow conditions in waterbodies other than streams, such as lakes and ponds;
(2) evaluate acute instream exposure based on the flow statistically calculated to represent the lowest average flow conditions that occur continuously for a one-day period once every ten years (1Q10), or other reasonably equivalent low flow conditions in waterbodies other than streams, such as lakes and ponds;
(3) use alternative flow conditions where justified by hydrological controls that ensure minimum flow conditions higher than the above flows;
(4) deem such flows as consistent with its policy in R.61-68 of minimizing mixing zones without regard to past or expected effluent quality;
(5) consider, at the request of an individual discharger, setting permit limitations based on achieving any applicable water quality criteria under R.61-68 during actual flow conditions that may be present above the minimum flows in the preceding items (1) through (3).
(F) The department shall develop guidance containing Data Quality Objectives that define the level of analytical accuracy and precision necessary to determine compliance with WET effluent limitations when using EPA's standard WET test methods in 40 C.F.R. Part 136. The Data Quality Objectives must be translated into additional mandatory test acceptance criteria. The Data Quality Objectives must include an enhanced laboratory certification program that requires unconditional adherence to EPA approved methods.
(G) The department shall disclose, in the rationale for any NPDES permit in which a WET limit is imposed, the number of excursions that are statistically expected to arise during the permit term due to statistical error or other analytical variability rather than to the presence of actual toxicity in excess of the permit limitation.
(H) The department must not impose color limitations in NPDES permits unless it promulgates in R.61-68 a methodology for interpreting and implementing any water quality criteria that may be applicable to color. This methodology shall result in permit limitations only where the department can demonstrate a substantial correlation between the test methods to be used for permit compliance and the particular standard the department is seeking to protect.
(I) The department shall, no later than one year following enactment of this provision, promulgate a modification to R.61-68 clarifying that the provisions pertaining to use reclassification at R.61-68E.6 also are applicable to the issuance of variances from the water quality criteria for a period not to exceed the term of an NPDES permit, subject to renewal upon expiration of that period."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. DAVENPORT spoke in favor of the amendment.
Rep. CLYBURN moved to adjourn debate on the Bill until Thursday, April 25, which was agreed to.
The following Bill was taken up:
H. 4767 (Word version) -- Reps. Gilham, Allison, Rodgers, Walker, Vaughn and Hamilton: A BILL TO AMEND SECTION 44-55-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, WASTE DISPOSAL, AND THE LIKE SO AS TO PROVIDE THAT CERTAIN PROVISIONS RELATING TO THE PROTECTION AND MAINTENANCE OF WATER SYSTEMS DO NOT APPLY TO A PROFESSIONALLY INSTALLED LAWN SPRINKLER SYSTEM OR LAWN IRRIGATION SYSTEM CONNECTED TO A PUBLIC WATER SYSTEM.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5320DJC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Department of Health and Environmental Control is instructed to establish a statewide task force to study inconsistencies in the State's cross-connection program applicable to public water systems. At a minimum, the task force must be representative of large and small, urban and rural, water providers. The task force must include experts in the cross connection field, representatives of public health, and other public interest groups. The task force is charged with examining inconsistencies in the state program and offering viable recommendations for regulatory change to the General Assembly no later than January 15, 2003. The task force is not eligible for mileage, per diem or subsistence and must be dissolved upon submittal of the recommendations to the department.
SECTION 2. No public water system shall require the testing of any backflow prevention device installed on a residential irrigation system until regulations proposed by the task force are approved by the General Assembly or until July 1, 2003, whichever is sooner.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. WITHERSPOON moved to adjourn debate on the Bill until Thursday, April 25, which was agreed to.
The motion of Rep. WHATLEY to reconsider the vote whereby the following Bill was tabled was taken up and agreed to:
H. 3592 (Word version) -- Reps. Rodgers, Bowers, Gilham, Hosey, Rivers and R. Brown: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF A PERSON TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION FROM A COUNTY THAT IS DIVIDED AMONG TWO OR MORE DEPARTMENT OF TRANSPORTATION DISTRICTS, AND TO TERM LIMITATIONS IMPOSED UPON DEPARTMENT OF TRANSPORTATION COMMISSION MEMBERS, SO AS TO ALLOW A COMMISSIONER TO SERVE TWO CONSECUTIVE TERMS AND TO PROVIDE THAT A RESIDENT COMMISSION MEMBER WHO COMPLETES A SECOND CONSECUTIVE TERM MUST BE REPLACED BY A PERSON WHO RESIDES IN ANOTHER COUNTY WITHIN THE DISTRICT.
On motion of Rep. SCOTT, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Labor, Commerce and Industry:
H. 4816 (Word version) -- Reps. Knotts, Trotter, Rutherford, Bales, Whatley, Rhoad, Bingham, Fleming, Moody-Lawrence and Riser: A BILL TO AMEND CHAPTER 23, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE CARRIERS, BY ADDING SECTION 58-23-1273 SO AS TO PROVIDE THAT A DRIVER OPERATING A TAXICAB UNDER A SIGNED INDEPENDENT CONTRACTOR LEASE AGREEMENT WITH A COMPANY WHICH OWNS THE TAXICAB AND WHICH ALLOWS THE DRIVER TO OPERATE THE TAXICAB AS A LESSEE IS AN INDEPENDENT CONTRACTOR NOTWITHSTANDING SECTION 42-1-130.
The Senate amendments to the following Bill were taken up for consideration:
H. 4680 (Word version) -- Reps. Talley and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SOUTH CAROLINA TECHNOLOGY ALLIANCE SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
Rep. STUART explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3706 (Word version) -- Reps. Loftis, Knotts, Simrill, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Bingham, Bowers, J. Brown, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE SCIENTIFIC OR TECHNICAL BASIS AND STUDIES USED IN DEVELOPING THE REGULATIONS, INCLUDING A SUMMARY OF THESE STUDIES, COPIES OF WHICH ALSO MUST BE AVAILABLE TO THE PUBLIC.
Rep. LOFTIS explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
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.
Rep. EASTERDAY explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The following House Resolution was taken up:
H. 4821 (Word version) -- Reps. Altman, Talley and Stuart: A HOUSE RESOLUTION TO ESTABLISH A MOTOR VEHICLE SERVICES STUDY COMMITTEE TO REVIEW THE FUNCTIONS AND ACTIVITIES OF THE DEPARTMENT OF PUBLIC SAFETY'S MOTOR VEHICLE DIVISION FOR THE PURPOSE OF DETERMINING WHETHER PRIVATIZATION OF ITS FUNCTIONS AND ACTIVITIES OR OTHER LEGISLATIVE INITIATIVES COULD IMPROVE CUSTOMER SERVICE FOR DRIVERS AND OTHERS WHOSE BUSINESSES REQUIRE THE USE OF ITS SERVICES; TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP; AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NOT LATER THAN FEBRUARY 15, 2003, AT WHICH TIME THE STUDY COMMITTEE TERMINATES UNLESS IT IS EXTENDED BY THE GENERAL ASSEMBLY.
Be it resolved by the House of Representatives:
(A) There is created a Motor Vehicle Services Study Committee to review the functions and activities of the Department of Public Safety's Motor Vehicle Division for the purpose of determining whether privatization of its functions and activities or other legislative initiatives could improve customer service for the driving public and others whose businesses require the use of its services and not adversely impact the quality and security necessary for the proper performance of these functions.
(B) The committee shall consist of six members of the House of Representatives appointed by the Speaker of the House of Representatives. The committee shall make a report containing its recommendations to the Speaker of the House on or before February 15, 2003.
(C) The committee may call upon the staff and research capabilities of the appropriate committees of the House of Representatives, the Department of Public Safety, the State Budget and Control Board, and other executive branch agencies it determines appropriate.
(D) The members of the committee may not receive compensation, but are entitled to receive mileage, subsistence, and per diem authorized by law for members of state boards, committees, and commissions payable from approved accounts of the House of Representatives.
(E) The committee's existence terminates on the earlier occurrence of the submission of its report to the Speaker of the House of Representatives, or February 15, 2003, unless it is extended by the House of Representatives.
Rep. STUART explained the Resolution.
The House Resolution was adopted.
Rep. EASTERDAY moved that the House recur to the Morning Hour, which was agreed to.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4411 (Word version) -- Reps. J. R. Smith, Altman, Walker, Clyburn and McLeod: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO REQUIRE THE NAME OF THE COUNTY IN WHICH A VEHICLE IS REGISTERED AND PROPERTY TAXES ARE PAID TO BE PLACED ON LICENSE PLATES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4954 (Word version) -- Reps. Townsend, Martin, W. D. Smith, Gilham, J. Hines, Huggins, Lloyd, Lourie, Miller, J. H. Neal, J. M. Neal, D. C. Smith, Stille, Stuart, Walker and Webb: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATE'S HIGHWAYS, BY ADDING ARTICLE 26 SO AS TO DEFINE, ESTABLISH PROVISIONS REGULATING THE OPERATION OF, AND PROVIDE PENALTIES FOR THE ILLEGAL OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4911 (Word version) -- Reps. Kelley, A. Young, Loftis, Bales, Edge, Clyburn, J. R. Smith, Whipper, Barfield, Chellis, Davenport, Gilham, Gourdine, Govan, Harrison, Harvin, J. Hines, Hinson, Keegan, Law, Leach, Owens, Rodgers, Sandifer, Scarborough, Townsend and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-72 SO AS TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION SHALL APPOINT AN ADVISORY PANEL TO RECOMMEND TO THE STATE BOARD OF EDUCATION BY JUNE 1, 2002, A PLAN TO IMPLEMENT A UNIFORM SCHOOL TERM STARTING DATE AFTER LABOR DAY FOR PUBLIC SCHOOLS IN SOUTH CAROLINA BEGINNING WITH THE 2003-04 SCHOOL YEAR AND SUGGESTED PACT TESTING DATES FOR THE 2003-2005 SCHOOL YEARS, AND TO PROVIDE THAT THE STATE BOARD SHALL ACT ON THE RECOMMENDATIONS OF THE ADVISORY PANEL BY AUGUST 31, 2002, AND IMPLEMENT THE RECOMMENDATIONS EFFECTIVE WITH THE 2003-04 SCHOOL YEAR.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 820 (Word version) -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 5048 (Word version) -- Reps. J. E. Smith, Harrison and Cobb-Hunter: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO PROVIDE THAT THE PRIEST AND PENITENT PRIVILEGE ONLY APPLIES WHEN THE COMMUNICATION IS MADE IN THE COURSE OF A SACRAMENTAL COMMUNICATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4861 (Word version) -- Reps. Coleman, Cotty, G. M. Smith, W. D. Smith, Allen, G. Brown, Davenport, Delleney, Emory, Harrison, Howard, Jennings, Lourie, McCraw, J. M. Neal, Ott, Phillips, Sheheen, Sinclair, F. N. Smith, J. E. Smith, Talley, Weeks, Whatley, Witherspoon and J. Young: A BILL TO AMEND SECTION 56-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH TRAFFIC CITATIONS ISSUED IN SOUTH CAROLINA OR A COMPACT JURISDICTION, SO AS TO PROVIDE FOR THE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A CITATION FOR A VIOLATION OF TITLE 50 OR ANOTHER LAW REGULATING HUNTING OR FISHING ISSUED IN THIS OR ANOTHER COMPACT JURISDICTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 5060 (Word version) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J. H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J. R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1244 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION CONGRATULATING EVELYN REIS PERRY ON HER SELECTION FOR THE "WOMEN IN BUSINESS ADVOCATE" AWARD FOR 2002.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 5175 (Word version) -- Rep. J. Brown: A HOUSE RESOLUTION TO COMMEND MR. PAUL WADE FOR HIS MANY YEARS OF DEDICATED SERVICE TO HIS COUNTRY, STATE, AND COMMUNITY AND TO RECOGNIZE HIM AS ONE OF SOUTH CAROLINA'S MOST OUTSTANDING CITIZENS.
The Resolution was adopted.
The following was introduced:
H. 5176 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE OVERWHELMING GENEROSITY OF THE MEMBERS OF THE EPISCOPAL CHURCH OF THE ADVENT IN SPARTANBURG WHO TRAVELED TO NEW YORK CITY AND DEDICATED THEIR TIME AND RESOURCES AT ST. PAUL'S CHAPEL AT GROUND ZERO TO HELP THE RESCUE WORKERS AFTER THE SEPTEMBER 11 ATTACKS ON THE WORLD TRADE CENTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5177 (Word version) -- Rep. Sinclair: A CONCURRENT RESOLUTION TO CONGRATULATE YOUNG ORATOR, WORDSMITH, AND STORYTELLER, RIXON LANE OF WOODRUFF, FOR HIS FIRST PLACE FINISH AT THE NATIONAL STORYTELLING YOUTH OLYMPICS IN CALIFORNIA IN APRIL AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5178 (Word version) -- Reps. Neilson, Whipper, Dantzler, Delleney, Freeman, Hinson, Leach, Lee, Littlejohn, Lucas and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROVIDE THAT A DRIVER OF CERTAIN VEHICLES WHO CONTRIBUTES TO AN ACCIDENT WHICH MUST BE REPORTED TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION SUCCESSFULLY MUST COMPLETE A COMMERCIAL MOTOR VEHICLE DRIVER RETRAINING COURSE APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY WITHIN NINETY DAYS OF THE ACCIDENT, AND TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE COURSE.
Referred to Committee on Education and Public Works
Rep. VAUGHN moved to adjourn debate upon the following Bill, which was adopted:
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. TROTTER moved to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, April 25, which was agreed to:
H. 4767 (Word version) -- Reps. Gilham, Allison, Rodgers, Walker, Vaughn and Hamilton: A BILL TO AMEND SECTION 44-55-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, WASTE DISPOSAL, AND THE LIKE SO AS TO PROVIDE THAT CERTAIN PROVISIONS RELATING TO THE PROTECTION AND MAINTENANCE OF WATER SYSTEMS DO NOT APPLY TO A PROFESSIONALLY INSTALLED LAWN SPRINKLER SYSTEM OR LAWN IRRIGATION SYSTEM CONNECTED TO A PUBLIC WATER SYSTEM.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5320DJC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Department of Health and Environmental Control is instructed to establish a statewide task force to study inconsistencies in the State's cross-connection program applicable to public water systems. At a minimum, the task force must be representative of large and small, urban and rural, water providers. The task force must include experts in the cross connection field, representatives of public health, and other public interest groups. The task force is charged with examining inconsistencies in the state program and offering viable recommendations for regulatory change to the General Assembly no later than January 15, 2003. The task force is not eligible for mileage, per diem or subsistence and must be dissolved upon submittal of the recommendations to the department.
SECTION 2. No public water system shall require the testing of any backflow prevention device installed on a residential irrigation system until regulations proposed by the task force are approved by the General Assembly or until July 1, 2003, whichever is sooner.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4944 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH FERTILIZERS, BY ADDING A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION, OR MODIFICATION OF CERTAIN PERMITS WITHIN THE SECTION.
Reps. KOON, WEBB and SNOW proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\ 9053HTC02), which was adopted:
Amend the bill, as and if amended, by adding two new SECTIONS appropriately numbered to read:
/ SECTION __. Section 46-25-810 of the 1976 Code, as last amended by Act 388 of 1992, is further amended to read:
"Section 46-25-810. For the purpose of carrying out the provisions of this chapter, all registrants or guarantors who distribute or sell any commercial fertilizer in South Carolina shall pay to the State Treasurer division an inspection tax of twenty-five cents for each ton of commercial fertilizer sold. A report of tonnage shall be is due and the inspection tax payable monthly on the fifteenth day of the following month covering tonnage of commercial fertilizer sold during the preceding month by the registrant or guarantor transacting, distributing, or selling to a nonregistrant. If the tonnage report is not filed and the payment of inspection taxes is not made within fifteen days after the date due, a collection fee amounting to ten per cent of the amount due shall must be assessed against the guarantor, and the amount of fees due shall constitute constitutes a debt and become the basis of a judgment against the guarantor. If the tonnage report is not filed and the payment of the inspection tax and collection fee is not made within thirty days after the date due, or if the report be false, fifteen days after due written notice and opportunity for hearing have been given, the commission may cancel the registration of commercial fertilizer registered by the delinquent guarantor."
SECTION __. Section 59-119-130 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4815 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS' ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS' RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.
Rep. TRIPP explained the Bill.
H. 5133 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-290 SO AS TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO NOTIFY INCOMING STUDENTS, OR THEIR PARENTS, OF THE RISK OF CONTRACTING MENINGOCOCCAL DISEASE IF LIVING IN ON-CAMPUS STUDENT HOUSING AND TO REQUIRE THESE INSTITUTIONS TO RECOMMEND VACCINATION AGAINST THIS DISEASE IN THE INSTITUTION'S HEALTH AND MEDICAL INFORMATION PROVIDED TO STUDENTS AND PARENTS.
Rep. STILLE explained the Bill.
H. 4562 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CRAB POTS, SO AS TO DELETE LANGUAGE PERMITTING THE USE OF CRAB POTS FOR COMMERCIAL PURPOSES BETWEEN MAY FIRST AND OCTOBER FIRST WITHIN PAWLEY'S ISLAND CREEK AND MIDWAY CREEK ON PAWLEY'S ISLAND AND TO FURTHER PROVIDE THAT IT IS UNLAWFUL TO SET OR USE CRAB POTS IN THE ATLANTIC OCEAN WITHIN ONE HUNDRED FIFTY FEET OF THE MEAN LOW TIDE WATERMARK ON PAWLEY'S ISLAND.
Rep. OTT explained the Bill.
H. 5149 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WITHERSPOON explained the Joint Resolution.
H. 5150 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WASTE COMBUSTION AND REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2721, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WITHERSPOON explained the Joint Resolution.
H. 5151 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. OTT explained the Joint Resolution.
S. 834 (Word version) -- Senators Kuhn, Ford and Peeler: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION IN THE 2002-2003 SCHOOL YEAR TO ASSIST INTERESTED SCHOOLS IN IMPLEMENTING STRUCTURED ACADEMIC MENTORING PROGRAMS, DESIGNED TO IMPROVE STUDENT PERFORMANCE AND TO ASSIST THESE SCHOOLS IN DEVELOPING STRUCTURED ACADEMIC MENTORING PROGRAMS THAT MEET THE CRITERIA NECESSARY TO QUALIFY FOR READING FIRST FUNDS ESTABLISHED UNDER THE NO CHILD LEFT BEHIND ACT OF 2001 OR ANY OTHER RESOURCES THAT MAY BE AVAILABLE.
Rep. CHELLIS explained the Joint Resolution.
The following Bill was taken up:
S. 1020 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.
Rep. TRIPP explained the Bill.
Rep. TRIPP moved to adjourn debate on the Bill until Thursday, April 25, which was agreed to.
Rep. DAVENPORT moved to adjourn debate upon the following Bill, which was adopted:
H. 4912 (Word version) -- Reps. McLeod and Davenport: A BILL TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO DEFINE THE TERMS "POOL/SPA" AND "POOL/SPA OPERATOR"; AND TO AMEND SECTION 40-23-300, AS AMENDED, RELATING TO VARIOUS ENVIRONMENTAL SYSTEMS OPERATOR CERTIFICATION AND LICENSURE CLASSIFICATIONS AND QUALIFICATIONS, SO AS TO INCLUDE REQUIREMENTS FOR LICENSURE AS A BOTTLED WATER CLASS OPERATOR; AND TO ADD SECTION 40-23-330 SO AS TO PROVIDE THE QUALIFICATIONS FOR LICENSURE AS A POOL/SPA OPERATOR.
Rep. OTT moved to adjourn debate upon the following Bill, which was adopted:
S. 813 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.
The following Joint Resolution was taken up:
S. 1065 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TROUT HARVEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2690, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. OTT explained the Joint Resolution.
Rep. OTT moved to adjourn debate on the Joint Resolution until Wednesday, May 1, which was agreed to.
The following Bill was taken up:
H. 4530 (Word version) -- Rep. Sharpe: 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 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "PROJECT PET" SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22521CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-9300. (A) The department may issue 'No More Homeless Pets' special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate 'No More Homeless Pets'. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3, of this title, and a special motor vehicle license fee of seventy dollars.
(B) Notwithstanding any other provision of law, of the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicles Division in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be deposited in a special account, separate and apart from the general fund, designated for use by the State Veterinarian to support local animal spaying and neutering programs. The State Veterinarian may use up to ten percent of the fees deposited in the special account for the administration of the program. Local private nonprofit tax exempt organizations offering animal spaying and neutering programs may apply for grants from this fund to further their tax exempt purposes. Grants must be awarded not more than once a year, and an applicant must receive as a grant an amount of the total revenues in the fund multiplied by the percentage that the applicant's caseload in the preceding calendar year was of the total caseload of all applicants in that year.
(C) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4946 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 24, 2002, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The 2002 Jean Laney Harris Award Winners were escorted to the rostrum by Senators Drummond, Moore, Hayes, Rankin and Ravenel and Representatives SIMRILL, MACK, CARNELL, J.R. SMITH and WITHERSPOON.
Lt. Gov. Peeler made the following opening remarks: "Members of the Joint Assembly, ladies and gentleman, I present the Speaker of the House of Representatives, the Honorable David H. Wilkins, who will do the honor of presenting this year's Jean Laney Harris Folk Heritage Awards."
SPEAKER WILKINS made the following remarks:
"Henry Ford said, 'There is no happiness except in the realization that we have accomplished something.' The artists we recognize today have accomplished something big. They've honed their God-given skills and talents. And by sharing their unique gifts with us, they're spreading happiness and goodwill. The award they'll be receiving today was first established to recognize the state's most outstanding practitioners of traditional art. Four years ago, the awards became known as the Jean Laney Harris Folk Heritage Award in honor of our friend Jean Harris's long-time support of South Carolina's cultural traditions.
And now, it is my honor to present this year's Folk Heritage Awards.
Few choirs are as rich in history and spiritual in sound as the Together As One Hymn Choir of York County. Together As One is under the direction of Dean John Henry Walton from Boyd Hill Baptist Church in Rock Hill. More than 50 members from 19 churches in York County comprise Together As One. The group began rehearsing in the mid-1990s and now has two recorded productions available to promote the tradition to larger audiences. Deacon John Henry Walton is also the leader of the hymn choir at Boyd Hill Baptist in Rock Hill. And he is rare indeed. Only two others, Deacon Richard 'Son' Sandifer and Deacon Ernest Walker have led this illustrious choir that is almost one hundred years old. It's now my pleasure to present the Folk Heritage Award to the Together as One Hymn Choir.
Neil Douglas Cost of Greenwood is known as the premiere turkey-call maker in the United States. According to the National Wild Turkey Federation:
'No call maker has had more influence on the craft than Neil D. Cost.' Mr. Cost is a retired U.S. Army Sergeant who served in both World War II and the Korean Conflict. He's been practicing the art of call-making for more than 70 years. As a young man, Cost learned the craft by observing other makers and perfected it through his many years of dedicated work.
He's made an estimated 5,000 double-sided calls in his career. Through a great deal of experimentation with design, Mr. Cost has perfected the boat paddle turkey caller, a work that can make all the sounds and calls of the wild turkey. In addition to his work as a craftsman, Mr. Cost is an author and conservationist. He exemplifies devotion to his craft and is committed to educational issues surrounding the sport. Unfortunately, Mr. Cost can't be with us today because of health problems. His daughter, Sally Morris, will accept the award for him.
'I feel good!' about our next recipient...the 'Godfather of Soul.' James Brown was born in 1933 in Barnwell where he spent his early childhood. He developed his interest in music at an early age, performing gospel songs; first playing piano, later bass and drums. By his teens, Brown joined a gospel quartet known as the Gospel Starlighters. Inspired by the growing popularity of rhythm and blues, Brown and fellow band-mate Bobby Byrd formed James Brown and His Famous Flames.
Their signature song from 1959, 'Please, Please, Please' garnered national attention. By 1962, Brown recorded his classic album 'Live at the Apollo' which sold a million copies. Having journeyed far from his beginnings in rural South Carolina, achieving national and international popularity through music deeply rooted in African-American sacred and secular traditions. Mr. Brown has returned to his roots and calls Aiken, South Carolina, home. It's my honor to present this year's award for soul music to Mr. James Brown. Accepting the award for Mr. Brown is his good friend, Rep. Roland Smith.
Harriet Brown is part of a family of eight generations of basket makers, with five of those generations actively practicing today.
Harriet has been making baskets for more than 55 years and learned the process from a variety of family members, great-grandparents, grandparents, aunts, and her mom all had a role in teaching the young Harriet to make the popular Lowcountry baskets. Her mother took her first basket to the Market in Charleston and sold it for 25 cents. That quarter gave Harriet the encouragement to keep making baskets.
With origins in West Africa, the sweetgrass basket has a 300-year history on the South Carolina coast. The name sweetgrass refers to the pleasant, hay-like aroma and soft texture of the sea grass used in basket construction. Other than a pair of very skilled, nimble hands, Brown uses only scissors and the sharpened end of a spoon handle to create the remarkably complex and intricate designs in her baskets. She is a gifted teacher and has traveled as far away as Missouri to participate in the annual Grass Festival. Please join me in congratulating Harriet Brown.
Jennings Chestnut has evolved into a master builder of mandolins, banjos, violins, and guitars. Born in 1942, Chestnut has been a fan of bluegrass music since he was six years old. During the 1950's, Chestnut played and sang country and bluegrass with several bands. In the next decade, he traveled with his family to bluegrass festivals all over the country.
In 1971, he built his first mandolin and since 1985, he and his wife, Willie, have owned Chestnut Mandolins, a full-service music store in downtown Conway. Jennings is considered an expert string instrument repairman and is known to spend considerable time with musicians, adjusting their instruments.
Although each of his mandolins require more than 200 hours to construct, Chestnut has donated instruments for a number of festivals to show his support for the presenters. Since 1996, Jennings Chestnut has organized the annual festival 'Bluegrass on the Waccamaw.' For his advocacy and lifelong commitment to bluegrass music, please join me in congratulating Mr. Jennings Chestnut, Senior."
SPEAKER WILKINS recognized the Together As One Choir
SPEAKER WILKINS recognized Neil D. Cost
SPEAKER WILKINS recognized James Brown
SPEAKER WILKINS recognized Harriet Bailem Brown
SPEAKER WILKINS recognized Jennings Chestnut, Sr.
Lt. Gov. Peeler made the following closing remarks: "Thank you for all being with us and we appreciate your contribution to the State of South Carolina."
Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 p.m. the House resumed, the SPEAKER in the Chair.
Rep. RICE moved that the House recede until 2:15 p.m., which was agreed to.
At 2:15 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up:
H. 4899 (Word version) -- Reps. R. Brown, Jennings and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-635 SO AS TO PROVIDE FOR A ONE DOLLAR ANNUAL SURCHARGE ON ALL MOTOR VEHICLE REGISTRATION AND LICENSING FEES, AND TO PROVIDE FOR THE ALLOCATION OF THE SURCHARGE.
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 Bill was taken up, read the second time, and ordered to a third reading:
H. 5063 (Word version) -- Reps. McLeod, McGee, McCraw, Owens, J. E. Smith, Merrill, Thompson, Bales, Breeland, G. Brown, J. Brown, Carnell, Clyburn, Coleman, Emory, Freeman, Hamilton, Harvin, J. Hines, Huggins, Kennedy, Limehouse, Littlejohn, Lloyd, Martin, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Parks, Perry, Phillips, Riser, Rivers, Scarborough, Scott, Sheheen, D. C. Smith, J. R. Smith, Snow, Stille, Stuart, Tripp, Webb, Whatley and Wilder: A BILL TO AMEND ARTICLE 9, CHAPTER 1 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL STATE EMBLEMS, BY ADDING SECTION 1-1-703 SO AS TO DESIGNATE THE CAROLINA TARTAN AS THE OFFICIAL TARTAN OF THE STATE OF SOUTH CAROLINA.
Rep. STUART explained the Bill.
The following Bill was taken up:
H. 4894 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST BE PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; AND BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A REGISTRATION CARD AND LICENSE PLATE FOR A CERTAIN COMMERCIAL MOTOR VEHICLE IF THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO PROVIDE THAT THE DEPARTMENT SHALL TAKE POSSESSION OF A SUSPENDED OR REVOKED LICENSE PLATE AND REGISTRATION CARD UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE REISSUANCE OF A REGISTRATION CARD AND LICENSE PLATE, TO PROVIDE A REINSTATEMENT FEE, AND TO PROVIDE FOR THE DISBURSEMENT OF THE REINSTATEMENT FEE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1939CM02), which was adopted:
Amend the bill, as and if amended, Section 56-3-240(5)(b), as contained in SECTION 1, page 2, by striking / SC-150 / on line 11 and inserting / MCS-150 /.
Amend the title further, page 1, line 15, by striking / TRANSPORTATION / and inserting / PUBLIC SAFETY /.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 892 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE ELECTED TRUSTEES SHALL BE SELECTED AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5321SD02), which was adopted:
Amend the bill, as and if amended, by striking Section 59-125-30 of the 1976 Code as contained in SECTION 1 and inserting:
/ "Section 59-125-30. Of the seven members to be elected by the General Assembly, one member must be elected from each of the six congressional districts and one member must be elected by the General Assembly from the State at large. Each representative of a congressional district must be a resident of the congressional district represented. The regular term of office of the elective members of the board of trustees is six years with the members first elected being elected two for two years, two for four years, and three for six years. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina. The General Assembly shall hold elections every even-numbered year to fill vacancies as they occur in the board by the expniration of terms of office. The present elective members of the board of trustees shall continue to serve until the thirtieth day of June of the year in which their terms are scheduled to expire. Those persons elected by the General Assembly shall have their seats designated as the seat number corresponding to the Congressional District from which they are elected with the at-large member designated as Seat Seven. The General Assembly shall hold elections to fill vacancies as they occur on the board by the expiration of terms of office, as follows: Seat One in 2006, Seat Two in 2008, Seat Three in 2004, Seat Four in 2004, Seat Five in 2006, Seat Six in 2008, and Seat Seven in 2005. After its 1984 session, the General Assembly shall elect successors to those trustees whose terms are expiring not earlier than the first day of April for a term to begin the following July first. Elections to fill vacancies which are caused by the death, resignation, or removal of an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired. When there is a vacancy otherwise occurring in on the board of trustees among the elected members, the Governor may fill it by appointment until the next session of the General Assembly. The successors to the two present members who are graduates of Winthrop College appointed by the Winthrop College Alumnae Association or its successors must be elected by the members of the Winthrop College Alumnae Association at its annual meeting held at Winthrop College during commencement week in 1958 and they shall serve for a term of four years and their successors must be elected at the similar annual meeting every four years thereafter. The State Superintendent of Education or the Superintendent's designee shall serve in Seat Eight, ex officio. Seat Eleven shall be a member appointed by the Governor. The Governor or the Governor's designee shall serve in Seat Twelve, ex officio. The members of the board elected by the Winthrop University Alumni Association or its successors shall be elected for four-year terms to fill Seats Nine and Ten in 2002. In 2006, the person elected by the Winthrop University Alumni Association or its successors to fill Seat Nine shall serve a six-year term and the person elected by the Winthrop University Alumni Association or its successors to fill Seat Ten shall serve a four-year term. At the completion of those terms of office, all subsequent members of the board elected by the Winthrop University Alumni Association or its successors to fill Seats Nine and Ten shall be elected for six-year terms. The names of the two those so elected must be certified to the Secretary of State by the president and secretary of the association and they shall take office immediately after the certification. The term of the at-large trustee appointed by the Governor to Seat Eleven is effective upon certification to the Secretary of State and is six years coterminus with the term of office of the Governor. Any vacancy in the office of the member appointed by the Governor must be filled by appointment of the Governor for the unexpired term in the same manner of original appointment." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
The Education and Public Works Committee proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\5323SD02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 59-101-285. Notwithstanding any other provision of law or special provision applicable to a particular institution, a member of the governing board of an institution of higher learning as defined in Section 59-103-5 must attend at least two-thirds of the regular and special meetings of the board during any calendar year or a vacancy in that office is deemed to exist as of January first of the next year which shall be filled in the manner provided by law. The chairman of that board when a violation of this section occurs shall report the violation to the appointing or electing authority within thirty days after the close of the calendar year in which the violation occurred. The member of the governing board who missed such meetings thereby causing the vacancy is ineligible for reelection or reappointment to that board for a period of ten years thereafter." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CAMPSEN moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5179 (Word version) -- Reps. J. E. Smith, Stuart and Bingham: 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 92 SO AS TO PROVIDE FOR THE ISSUANCE OF "SHARE THE ROAD" SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
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 proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1946DW02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Notwithstanding any other provision of law, beginning with the election conducted in 2002, the twelve defined single-member election districts from which each member of the Board of Trustees of the School District of Greenville County must be elected by the qualified electors of that district are as shown on the official map designated as S-45-00-02 prepared by and on file with the Office of Research and Statistical Services of the State Budget and Control Board. /
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. DAVENPORT moved to adjourn debate upon the following Bill, which was adopted:
H. 4912 (Word version) -- Reps. McLeod and Davenport: A BILL TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO DEFINE THE TERMS "POOL/SPA" AND "POOL/SPA OPERATOR"; AND TO AMEND SECTION 40-23-300, AS AMENDED, RELATING TO VARIOUS ENVIRONMENTAL SYSTEMS OPERATOR CERTIFICATION AND LICENSURE CLASSIFICATIONS AND QUALIFICATIONS, SO AS TO INCLUDE REQUIREMENTS FOR LICENSURE AS A BOTTLED WATER CLASS OPERATOR; AND TO ADD SECTION 40-23-330 SO AS TO PROVIDE THE QUALIFICATIONS FOR LICENSURE AS A POOL/SPA OPERATOR.
The following Bill was taken up:
S. 813 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.
Rep. OTT explained the Bill.
Reps. SIMRILL, FLEMING, COATES, PERRY, MARTIN, OTT, R. BROWN, KIRSH, SHARPE, J. YOUNG, HOSEY, COBB-HUNTER, J. H. NEAL, BALES, WITHERSPOON, GOURDINE, J. HINES and LOFTIS requested debate on the Bill.
The following Bill was taken up:
S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
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.
Rep. SCOTT moved to adjourn debate upon the following Bill until Tuesday, April 30, which was adopted:
H. 5164 (Word version) -- Reps. Cotty, J. Brown, Harrison, Howard, Scott, J. E. Smith, Lourie, J. H. Neal, Bales and Rutherford: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN FIFTEEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
The motion period was dispensed with on motion of Rep. FLEMING.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. SANDIFER having the floor:
H. 4956 (Word version) -- Reps. Cato, Wilkins, W. D. Smith, Harrison, Harrell, Law, Lee, Riser, G. Brown, White, Talley, Battle, Kelley, Altman, Simrill, Scarborough, Phillips, Tripp, Trotter, Barrett, Dantzler, Bales, J. E. Smith, Lourie, Chellis, Leach, Kirsh, Taylor, Wilder, Barfield, Edge, Hinson, Jennings and Owens: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE AND TELEGRAPH COMPANIES, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE MANNER IN WHICH GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS SHALL BE REGULATED AND TAXED, AND TO PROVIDE FOR OTHER PROVISIONS RELATING TO THE OPERATIONS OF THESE GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS; BY ADDING SECTION 15-78-65 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY HAS NO WAIVER OF IMMUNITY FOR A LOSS RESULTING FROM THE PROVIDING OF TELECOMMUNICATIONS SERVICE BY A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER UNDER ITS AUTHORITY; AND TO AMEND SECTION 58-5-30, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATIONS BY THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS EXEMPTION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\ 21235SD02), which was adopted:
Amend the bill, as and if amended, by striking Section 58-9-2600 of the 1976 Code, as contained in SECTION 1, and inserting:
/ Section 58-9-2600. This article regulates the provision of telecommunications service by an agency or entity of the State or a political subdivision of this State to the extent that state constitutional or statutory provisions of law authorize this activity.
Except for the Public Service Commission in regard to its duties and responsibilities under this article, nothing in this article shall be construed to recognize, broaden, or enlarge the authority or legal capacity of any agency or entity of the State or a political subdivision of this State to engage in such activity. /
Amend further, as and if amended, by striking item (1) of Section 58-9-2610 as contained in SECTION 1 and inserting:
/(1) 'Government owned telecommunications service provider' means a state or local political subdivision or person or entity that either: (a) provides telecommunications service to the public for hire over a facility, operation, or system that is directly or indirectly owned by or operated by an agency or entity of the State or any local government, or (b) leases or rents to any person or entity a telecommunications transmission facility owned by an agency or entity of the State or any local government. /
Amend further, as and if amended, in Section 58-9-2620(A)(3) of the 1976 Code, as contained in SECTION 1, by inserting after / other / on line 34, page 2, /nontelecommunications /. When amended item (3) shall read:
"(3) not be permitted to subsidize the cost of providing telecommunications service with funds from any other nontelecommunications service, operation, or other revenue source. If a determination is made that a direct or indirect subsidy has occurred, the government-owned telecommunications service provider immediately shall increase prices for telecommunications service in a manner that ensures that the subsidy shall not continue, and any amounts used directly or indirectly to subsidize the past operations shall be reimbursed to the general treasury of the appropriate state or local government; "
Amend the bill, as and if amended, in Section 58-9-2620 of the 1976 Code, as contained in SECTION 1, by striking subsection (B) which begins on line 34, page 3, in its entirety.
Amend further, as and if amended, in Section 15-78-65 of the 1976 Code, as contained in SECTION 2, by striking /waiver of/ on line 34, page 4. When amended Section 15-78-65 shall read:
"Section 15-78-65. A governmental entity has no immunity for a loss resulting from the providing of telecommunications service by a government-owned telecommunications service provider under its authority as defined in Article 23, Chapter 9 of Title 58."
Amend further, as and if amended, in SECTION 1 by adding a new Section 58-9-2650 immediately after Section 58-9-2640 on page 4 to read:
/Section 58-9-2650. Notwithstanding any other provision of law, including the provisions of Section 15-78-140 of the 1976 Code, in order to have government-owned and nongovernment-owned telecommunications service providers in the same competitive position to the extent possible when providing these services, government-owned telecommunications service providers must procure any tort or liability insurance coverages in regard to telecommunications services they provide from nongovernmental sources. /
Amend further, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, the holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SANDIFER continued speaking.
The amendment was then adopted.
Rep. SANDIFER proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\AMEND\11599AC02), which was adopted:
Amend the bill, as and if amended, by striking Section 58-9-2600 of the 1976 Code, as contained in SECTION 1, and inserting:
/ Section 58-9-2600. This article regulates the provision of telecommunications service by an agency or entity of the State or a political subdivision of this State, excluding the State Budget and Control Board for services provided as of this act's effective date, to the extent that state constitutional or statutory provisions of law authorize this activity.
Except for the Public Service Commission in regard to its duties and responsibilities under this article, nothing in this article shall be construed to recognize, broaden, or enlarge the authority or legal capacity of any agency or entity of the State or a political subdivision of this State to engage in such activity./
Amend the bill further, by striking item (1) of Section 58-9-2610 of the 1976 Code, as contained in SECTION 1, and inserting:
/ (1) 'Government-owned telecommunications service provider' means a state or local political subdivision or person or entity providing telecommunications service to the public for hire over a facility, operation, or system that is directly or indirectly owned by, operated by, or a financial benefit obtained by or derived from, an agency or entity of the State or any local government. 'Government owned telecommunications service provider' does not include the State Budget and Control Board for services provided as of this act's effective date.
The term 'Government-owned telecommunications service provider' does not include any state or local governmental entity or agency that obtains or derives financial benefit solely from leasing or renting, to any person or entity, property that is not, in and of itself, a facility used to provide telecommunications service. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
Reps. KELLEY and COOPER proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\AMEND\21270SD02), which was adopted:
Amend the bill, as and if amended, in Section 58-9-2610 of the 1976 Code, as contained in SECTION 1, by adding a new item to be appropriately numbered to read:
/ ( ) The term 'public' means the public generally or any limited portion of the public, including a person or corporation. The term 'public' excludes governmental agencies or entities when they receive telecommunications service from the Budget and Control Board pursuant to its statutory authority or other legal requirements; /
Amend further, as and if amended, by striking Section 58-9-2640 of the 1976 Code, as contained in SECTION 1, in its entirety.
Amend further, as and if amended, by striking SECTION 2 in its entirety.
Amend further, as and if amended, by striking Section 58-9-2650 of the 1976 Code, as contained in SECTION 1 and inserting:
/ Section 58-9-2650. The Department of Insurance must determine the South Carolina average market rate for private sector liability insurance for telecommunications operations. In order to have government-owned and nongovernment-owned telecommunications service providers in the same competitive position, to the extent possible, the rate paid for liability insurance for government-owned telecommunications operations must be equal to or greater than the average market rate for private sector liability insurance in South Carolina as determined by the Department of Insurance. To the extent that any government-owned telecommunications service provider pays less than the average market rate for this insurance established by the Department of Insurance, the difference shall be remitted by the government-owned telecommunications service provider to the State Treasurer for deposit in the state general fund. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. STUART spoke against the Bill.
Rep. STUART continued speaking.
The SPEAKER PRO TEMPORE granted Rep. SINCLAIR a leave of absence for the remainder of the day.
Rep. STUART continued speaking.
Rep. SANDIFER spoke in favor of the Bill.
Rep. STUART moved to adjourn debate on the Bill until Friday, May 10.
Rep. CATO moved to table the motion.
Rep. STUART demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barfield Barrett Battle Bingham Breeland Brown, G. Campsen Cato Chellis Clyburn Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gilham Gourdine Hines, J. Hinson Huggins Jennings Keegan Kelley Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack McCraw McGee Meacham-Richardson Merrill Moody-Lawrence Neilson Owens Parks Perry Rice Riser Rivers Rodgers Rutherford Sandifer Scarborough Scott Sharpe Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Bowers Brown, R. Freeman Hamilton Haskins Hosey Koon Lloyd McLeod Miller Neal, J.M. Phillips Sheheen Stuart Weeks
So, the motion to adjourn debate was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Campsen Cato Chellis Clyburn Coates Coleman Cooper Cotty Dantzler Delleney Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Haskins Hines, J. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee Meacham-Richardson Merrill Moody-Lawrence Neal, J.M. Neilson Owens Parks Perry Phillips Rice Riser Rivers Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Thompson Townsend Trotter Webb Weeks Whatley White Wilkins Witherspoon
Those who voted in the negative are:
Carnell Stuart Walker Wilder
So, the Bill, as amended, was read the second time and ordered to third reading.
I mistakenly voted no when I intended to vote yes.
Rep. Robert Walker
I was away from the Chamber discussing a contested Bill on the Calendar when the House voted on H. 4956. Had I been present, I would have voted 'Yes' on passage.
Rep. Dan Tripp
I would like to have placed in the Journal my intention to vote for H. 4956. I voted to table the motion to adjourn debate on this Bill. While I was speaking to a constituent on the telephone, the vote on the Bill came before the body. Unfortunately, attending to my other responsibilities prevented me from voting on this Bill. Had I been present in the Chamber at that moment I would have voted in the affirmative for passage of this Bill.
Rep. Annette Young
The following Bill was taken up:
H. 3093 (Word version) -- Reps. Campsen, Harrison, Altman, Simrill, Owens, Robinson, Easterday, Haskins, Loftis and Coates: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OR DEPARTMENT OF THE STATE FROM PROVIDING CONDOMS OR OTHER CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, FROM DISTRIBUTING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.
Rep. CAMPSEN moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, May 1, which was adopted:
H. 3592 (Word version) -- Reps. Rodgers, Bowers, Gilham, Hosey, Rivers and R. Brown: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF A PERSON TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION FROM A COUNTY THAT IS DIVIDED AMONG TWO OR MORE DEPARTMENT OF TRANSPORTATION DISTRICTS, AND TO TERM LIMITATIONS IMPOSED UPON DEPARTMENT OF TRANSPORTATION COMMISSION MEMBERS, SO AS TO ALLOW A COMMISSIONER TO SERVE TWO CONSECUTIVE TERMS AND TO PROVIDE THAT A RESIDENT COMMISSION MEMBER WHO COMPLETES A SECOND CONSECUTIVE TERM MUST BE REPLACED BY A PERSON WHO RESIDES IN ANOTHER COUNTY WITHIN THE DISTRICT.
The following Bill was taken up:
H. 4096 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD AND REDEFINE CERTAIN DEFINITIONS TO COMPLY, CONFORM, AND BE CONSISTENT WITH THE AMENDMENT TO CHAPTER 43 OF TITLE 38 IN THIS ACT; TO AMEND CHAPTER 43, TITLE 38, RELATING TO INSURANCE AGENTS AND AGENCIES, SO AS TO, AMONG OTHER THINGS, ESTABLISH A UNIFORM STANDARD FOR PERFORMING THE DUTIES OF A PRODUCER, PROVIDE UNIFORM EXCEPTIONS TO LICENSURE AMONG STATES FOR INDIVIDUALS NOT LICENSED AS INSURANCE PRODUCERS, CLARIFY THE REQUIREMENT FOR AGENCY LICENSURE, REMOVE THE REQUIREMENT THAT AN INSURER LICENSE AN AGENT AND INSTEAD REQUIRE AN INSURER APPOINT A LICENSED AGENT, ESTABLISH STANDARD NOTIFICATION REQUIREMENTS FOR INSURERS AND PRODUCERS WHEN A PRODUCER'S CONTRACT IS CANCELED, PROVIDE IMMUNITY AND CONFIDENTIALITY FOR THESE NOTIFICATIONS, ESTABLISH NONRESIDENT LICENSING STANDARDS FOR PRODUCERS AMONG STATES, ESTABLISH INSURANCE LINES OF AUTHORITY A PRODUCER MAY BE LICENSED FOR IN THE STATE, ESTABLISH FEE STANDARDS FOR LICENSURE AND APPOINTMENT OF AN INSURANCE PRODUCER, ESTABLISH REQUIREMENTS FOR APPLICATION FOR A PRODUCER LICENSE, ESTABLISH A UNIFORM STANDARD FOR NONRESIDENT PRODUCER'S EXEMPTION FROM PRE-LICENSING EDUCATION AND EXAMINATION REQUIREMENTS, PROVIDE UNIFORM STANDARDS FOR ISSUANCE OF A TEMPORARY PRODUCER LICENSE, REQUIRE PRODUCER PRE-LICENSING EDUCATION COURSES TO BE REVIEWED BY THE CONTINUING EDUCATION ADVISORY COMMITTEE, ESTABLISH AN ADDITIONAL EXEMPTION FROM PRODUCER CONTINUING EDUCATION REQUIREMENTS, ADD A REINSTATEMENT PROVISION FOR A PRODUCER'S FAILURE TO COMPLY WITH LICENSING REQUIREMENTS, PROVIDE ADDITIONAL OFFENSES FOR WHICH DISCIPLINARY ACTION MAY BE WARRANTED, AND ESTABLISH REPORTING REQUIREMENTS FOR PRODUCERS AGAINST WHOM ADMINISTRATIVE ACTION OR CRIMINAL PROSECUTION HAS BEEN TAKEN.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\ 5280ZCW02), which was adopted:
Amend the bill, as and if amended, in Section 38-43-20 as contained in Section 2, page 11, by striking subsection (D) in its entirety and inserting:
/ "(D) A license as an insurance producer is not required of the following:
(1) An officer, director, or employee of an insurer or of an insurance producer, provided that the officer, director, or employee does not receive any commission on policies written or sold to insure risks residing, located, or to be performed in this State and:
(a) the officer, director, or employee's activities are executive, administrative, managerial, clerical or a combination of these, and are only indirectly related to the sale, solicitation, or negotiation of insurance; or
(b) the officer, director, or employee's function relates to underwriting, loss control, inspection or the processing, adjusting, investigating or settling of a claim on a contract of insurance; or
(c) the officer, director, or employee is acting in the capacity of a special agent or agency supervisor assisting insurance producers where the person's activities are limited to providing technical advice and assistance to licensed insurance producers and do not include the sale, solicitation or negotiation of insurance;
(2) A person who secures and furnishes information for the purpose of group life insurance, group property and casualty insurance, group annuities, group or blanket accident and health insurance; or for the purpose of enrolling individuals under plans; issuing certificates under plans or otherwise assisting in administering plans; or performs administrative services related to mass marketed property and casualty insurance; where no commission is paid to the person for the service;
(3) An employer or association or its officers, directors, employees, or the trustees of an employee trust plan, to the extent that the employers, officers, employees, director, or trustees are engaged in the administration or operation of a program of employee benefits for the employer's or association's own employees or the employees of its subsidiaries or affiliates, which program involves the use of insurance issued by an insurer, as long as the employers, associations, officers, directors, employees or trustees are not in any manner compensated, directly or indirectly, by the company issuing the contracts;
(4) Employees of insurers or organizations employed by the insurers who are engaging in the inspection, rating or classification of risks, or in the supervision of the training of insurance producers and who are not individually engaged in the sale, solicitation or negotiation of insurance;
(5) A person whose activities in this State are limited to advertising without the intent to solicit on its own behalf insurance in this State through communications in printed publications or other forms of electronic mass media whose distribution is not limited to residents of the State, provided that the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in this state;
(6) A person who is not a resident of this State who sells, solicits, or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract, provided that that person is otherwise licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state;
(7) A salaried full-time employee who counsels or advises his employer relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer provided that the employee does not sell or solicit, negotiate insurance or receive any commission." /
Amend the bill further, in Section 38-43-50 as contained in SECTION 2, page 13, by striking subsection (a) in its entirety and inserting:
/ "(A) All applicants for an a limited lines agent's or special producer's license must be vouched for by an official or a licensed representative of the insurer for which the applicant proposes to act, who shall certify whether the applicant has been appointed an agent producer to represent it and that it has duly investigated the character and record of the applicant and has satisfied itself that he is trustworthy and qualified to act as its agent producer and intends to hold himself out in good faith as an insurance agent producer. When a contract of an agent producer is canceled by the insurer represented, that insurer shall notify the department of the cancellation within ten thirty days stating the cause of the termination. The records furnished by insurers are for the use of the department solely and not for public inspection."/
Amend the bill further, in Section 38-43-80 as contained in SECTION 2, page 20, by striking subsection (A)(2) in its entirety and inserting:
/ "(2) state, special, or general agent producer appointment fee: one hundred dollars; general producer license fee: eighty dollars; appointment fee: one hundred dollars;" /
Amend the bill further, in Section 38-43-100 as contained in SECTION 2, page 21, by striking subsection (A) in its entirety and inserting:
/ "(A) Before being issued a license to do business as an agent in this State for an insurer, each applicant shall make written application for the license upon forms to be furnished by the department, and all information on the forms required by the director or his designee must be subscribed to by the applicant under oath. No business may be done by the applicant except following issuance of an agent's a producer's license, and the license may not be issued until the director or his designee has determined that the applicant is qualified as an insurance agent producer, generally, and is particularly qualified for the line of business in which the applicant proposed to engage. The department shall promulgate regulations setting forth qualifying standards of agents producers as to all lines of business and shall require the local agent producer applicant to stand a written examination. For the purpose of interstate reciprocity, the department shall identify by bulletin which limited lines or limited lines credit insurance are approved in South Carolina and which are exempt from examination. The director or his designee may waive the examination with respect to applicants who have achieved the designations of Chartered Property and Casualty Underwriter (CPCU) or Chartered Life Underwriter (CLU). The director or his designee may also, at his discretion, waive the examination and issue temporary licenses for a period not to exceed ninety days, upon demonstrated need. An agent of a common carrier who sells only trip transportation ticket policies of accident and health insurance or baggage insurance on personal effects is not required to stand a written examination. No person who is a salaried employee and acts as an agent for a bank, savings and loan association, savings bank, finance company, trust company, credit union, automobile dealer, or other company handling credit transactions operating in this State, who writes credit life, credit accident and health insurance, credit property, or any combination of these in connection with a loan or other credit transaction, is required to stand a written examination. Any A bank, finance company, or other company handling credit transactions operating in this State and utilizing one or more credit life or accident and health or credit property agents producers in a particular geographical area who are licensed without having taken the written examination is required to have readily available at least one credit life or accident and health or credit property agent producer to answer customers' questions concerning credit life, credit accident and health insurance, or credit property, or any combination of these. The director or his designee, subject to item (d) of this section if he is assured of the honesty and trustworthiness of the applicant by the insurer which the applicant will represent, shall issue a nonrenewable temporary life insurance agent's license valid for ninety days without requiring the applicant to pass a written examination, as follows:
(a) A temporary life insurance agent's license to the executor or administrator of the estate of a deceased person who at the time of his death was a licensed life insurance agent.
(b) A temporary life insurance agent's license to a surviving next of kin of a deceased life insurance agent, if no administrator or executor has been appointed and qualified, but any license issued under this item must be revoked upon issuance of a license to an executor or administrator under item (a).
(c) A temporary life insurance agent's license to an applicant who has filed a written application for a license on forms furnished by the department where the applicant will actually collect the premiums on debit life and health insurance contracts during the period of the temporary license. The license shall, with respect to the applicant's solicitation and sales activities during the license period, authorize only the solicitation and sale of debit life and health insurance contracts. If the temporary license is not received from the director or his designee within fifteen days from the date the application was mailed to the department, by certified or registered mail, the insurer may assume that the temporary license will be issued in due course. For the purpose of this item (c) a debit life and health insurance contract means a contract for which the premiums are payable at monthly or more frequent intervals directly by the owner, or by a person representing the owner, to a representative of the company.
(d) If more than twenty-five percent of the temporary licensees of an insurer fail to receive a permanent license, not counting those who fail the written examination twice, in any twelve-month period it is prima facie evidence that the insurer is abusing the privilege of obtaining temporary licenses. Upon a determination by the director or his designee of abuse being made, following a public hearing, no temporary license may be issued for twenty-four months following the month of the determination of abuse on behalf of the insurer." /
Amend the bill further, as and if amended, in Section 38-43-105 as contained in SECTION 2, page 25, by striking subsection (a)(1) in its entirety and inserting:
"(1) successfully completed classroom courses, or the equivalent thereof, correspondence courses in insurance approved by the director or his designee consisting of no less than forty classroom hours, or the equivalent thereof; or forty self-study hours; or" /
Amend the bill further, as and if amended, in Section 38-43-105 as contained in SECTION 2, page 26, by striking subsection (B) in its entirety and inserting:
/ "(b)(B) Certification of qualification of the applicant must be made by an official of the school, college, insurance company, association, or other body conducting the course of study, or by the former employer for qualification under item (2) of subsection (a) (A) of this section. The certification must be in a format approved by the director or his designee and submitted by the producer with the sponsoring company's appointment of the agent and the agent's the producer's application for an agent's a producer's license, except where a temporary license is requested pursuant to Section 38-43-100, in which event the temporary license may be issued without such certification, if the sponsoring company insurer or licensed producer who assumes responsibility for all acts of the temporary licensee furnishes certification prior to the applicant's being granted permission to take the examination. The certification of qualification of the applicant must be made within thirty days from the date of receipt of the request to provide the certification. A person who falsely represents that he or another person has met the pre-licensing educational requirements of this section, after being afforded notice and an opportunity for a hearing by the Administrative Law Judge Division, is subject to the penalty provided in Section 38-2-10." /
Amend the bill further, as and if amended, in Section 38-43-105 as contained in SECTION 2, page 26, by striking subsection (e) in its entirety and inserting:
/"(e)(E) This section applies to residents applying for a license to engage in the sale of insurance except those persons who have previously been licensed for a period of five years or more and those persons applying for a license in limited lines or limited lines credit insurance approved by the director or his designee in order to satisfy the reciprocity provisions outlined under this chapter. Each course sponsor is required to submit a nonrefundable filing fee established by the department. limited to the following types of insurance only or a combination thereof:
(1) credit life or credit accident and health;
(2) credit property;
(3) crop hail;
(4) automobile physical damage;
(5) mortgage guaranty or mortgage redemption, or both;
(6) title;
(7) travel accident and baggage
(8) Federal Crop Insurance Program." /
Amend the bill further, as and if amended, in Section 38-43-106 as contained in SECTION 2, page 27, by striking subsection (A)(1) in its entirety and inserting:
/ "(1) In addition to the requirements contained in Section 38-43-105, any applicant or agent producer licensed to sell property and casualty insurance or to sell life, accident and health insurance, or both, or qualified for this licensure, must complete biennially a minimum of twenty-four hours of continuing insurance education in order to be eligible for licensure for the following two years. A person who falsely represents that he or another person has met the continuing educational requirements of this section, after being afforded notice and an opportunity for a hearing by the Administrative Law Judge Division, is subject to the penalty provided in Section 38-2-10." /
Amend the bill further, as and if amended, in Section 38-43-106 as contained in SECTION 2, page 27 and 28, striking subsection (C)(1) in its entirety and inserting:
/ "(C)(1) The director or his designee shall administer these continuing education requirements and shall approve courses of instruction which qualify for these purposes. In administering this program, the department, in its discretion, may promulgate regulations whereby agents producers provide to a continuing education administrator established within the Department of Insurance proof of compliance with continuing education requirements as a condition of license renewal or, in the alternative, contract with an outside service provider to provide recordkeeping services as the continuing education administrator. The costs of the continuing education administrator must be paid from the continuing insurance education fees paid by agents producers in the manner provided by this section, except that course approval responsibilities may not be designated to the continuing education administrator. The continuing education administrator shall compile and maintain, in conjunction with insurers and agents producers, records reflecting the continuing insurance education status of all licensed or qualified agents producers subject to the requirements of this section. The continuing education administrator shall furnish to the insurer, within ninety days of the agent's renewal date as specified by regulation, a report of the continuing insurance education status of all of its agents producers. All licensed agents producers shall provide evidence of their continuing insurance education status to the continuing education administrator at least one hundred twenty days before the annual renewal date by May first of the biennially compliance year unless granted an extension. Any continuing insurance education approved courses taken subsequent to one hundred twenty days before the renewal date this May first deadline must be applied to the following biennial continuing insurance education required period." /
Amend the bill further, as and if amended, in Section 38-43-110 as contained in SECTION 2, page 30 and 31, by striking subsection (B) in its entirety and inserting:
/ "(B) A producer who allows his license to lapse for failure to comply with Section 38-43-106 may, within six months from the compliance deadline, reinstate the same license without the necessity of complying with Section 38-43-105, provided a total of thirty hours of continuing education has been completed by November first of the compliance year, and a penalty fee set forth by regulation is paid." /
Amend the bill further, as and if amended, by striking SECTION 3 in its entirety and inserting:
/ "Section 3. This act takes effect January 31, 2003." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
Rep. SCARBOROUGH proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\AMEND\1921DW02), which was adopted:
Amend the bill, as and if amended, page 20, Section 38-43-80 as contained in SECTION 2, lines 26 through 39, by striking Section 38-43-80(B) and inserting:
/ (B) The fees must be paid in advance. At the time of licensure, the License license fees fee for local, state, or special agents for each applicable line of insurance must be paid in advance by the insurer for whom the producer agent proposed to act or by which the proposed producer agent is vouched for in the application for license. Insurers are responsible for payment of the initial and renewal appointment fees as required by the department. For a period of four years immediately following November 1, 2002, the licensing fee paid by new applicants for a local producer licensure is retained by the Department of Insurance as other funds for purposes of administering individual licensing requirements. Following this period, the fee must be reduced to twenty dollars. /
Amend title to conform.
Rep. SCARBOROUGH explained the amendment.
Rep. TRIPP spoke against the amendment.
Rep. ALTMAN spoke in favor of the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Bingham Brown, G. Brown, J. Campsen Carnell Cato Chellis Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Easterday Edge Emory Fleming Gilham Hamilton Harrell Harrison Hines, J. Hinson Hosey Jennings Keegan Kelley Kennedy Koon Leach Lee Limehouse Loftis Lourie Lucas McCraw Merrill Miller Moody-Lawrence Neal, J.M. Owens Parks Perry Phillips Rice Riser Rodgers Sandifer Scott Sheheen Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Thompson Tripp Trotter Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Bowers Coates Delleney Freeman Frye Kirsh Littlejohn McGee McLeod Meacham-Richardson Neilson Rhoad Simrill Stille Townsend
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4222 (Word version) -- Reps. Frye and Koon: A BILL TO AMEND SECTION 50-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL METHODS OF CATCHING FISH, SO AS TO PROVIDE THAT NOT MORE THAN THREE RATHER THAN TWO DEVICES PERMITTED TO BE USED TO CATCH FISH MAY BE USED BY ANY ONE INDIVIDUAL WHILE FISHING; AND TO AMEND SECTION 50-13-11, AS AMENDED, RELATING TO THE USE OF UNLIMITED NUMBER OF FISHING DEVICES, SO AS TO PROVIDE THAT ANY PERSON FISHING IN A BOAT IN SALT WATER MAY USE AN UNLIMITED NUMBER OF FISHING DEVICES AS PROVIDED IN THE SECTION.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5176DJC02), which was adopted:
Amend the bill, as and if amended, Section 50-13-10, SECTION 1, page 1, line 30, by inserting / fresh / after / all / and line 32, by striking / three / and inserting / eight /.
When amended, Section 50-13-10 shall read:
"Section 50-13-10. The catching of game fish in all fresh waters of the State shall be only with hook and line, fly rod, casting rod, pole, and line and hand line. Not more than two eight of the above-mentioned devices may be used by any one individual while fishing."
Renumber sections to conform.
Amend title to conform.
Rep. FRYE explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bales Barfield Bingham Bowers Brown, J. Brown, R. Campsen Carnell Cato Chellis Coates Cobb-Hunter Cooper Cotty Dantzler Delleney Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Haskins Hines, J. Hinson Hosey Jennings Keegan Kelley Kennedy Kirsh Koon Leach Lee Littlejohn Lloyd Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Owens Parks Phillips Rice Riser Rivers Rodgers Rutherford Sandifer Scarborough Sharpe Sheheen Simrill Smith, D.C. Smith, F.N. Smith, J.R. Smith, W.D. Snow Stuart Talley Thompson Townsend Trotter Vaughn Webb Weeks Whatley White Wilder Wilkins Witherspoon
Those who voted in the negative are:
Coleman Davenport Easterday Loftis Perry Rhoad
So, the Bill, as amended, was read the second time and ordered to third reading.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21256SD02):
Amend the bill, as and if amended, by striking Section 59-1-430 of the 1976 Code, as contained in SECTION 1 and inserting:
/ Section 59-1-430. Notwithstanding any other provisions of law to the contrary, all school days missed because of snow, or extreme weather conditions, or other disruptions must be made up. All school districts shall annually designate three days for students and three days for teachers_within their school calendars to be used as make-up days in the event of these occurrences. In the event that sufficient make-up days are not in the school district calendar, the local school board of trustees may lengthen the hours of school operation by no less than one hour per day for the total number of hours missed. Schools operating on a four by four block schedule shall make every effort to make up the time during the semester that days are missed. Any plan to make up days by lengthening the school day must be approved by the State Department of Education prior to implementation. In meeting the requirements of Act 436 of 1982, no No makeup days for students may be scheduled on Saturdays. Provided, however, that remedial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board.
Prior to introducing local legislation to excuse any days missed because of snow, extreme weather conditions, or other disruptions, members of the General Assembly considering introducing such legislation shall ascertain, by requesting a vote of the local school board of trustees, whether the board is in support of excusing days missed for students or teachers, or both. Additionally, members of the General Assembly considering introducing such legislation shall determine whether the district has used the required designated make-up days or attempted to make up days by lengthening the hours of school operation prior to the introduction of local legislation to excuse these days. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND moved to adjourn debate on the Bill until Tuesday, April 30, which was agreed to.
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11545AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 6-1-330 of the 1976 Code, as added by Act 138 of 1997, is amended by adding a new subsection at the end to read:
"(D) Notwithstanding the provisions of this section, after December 31, 2001, a local governing body may not impose a new service or user fee on motor vehicles or increase an existing service or user fee unless the increase or imposition of the fee is approved by the electors in a referendum at the next general election. Additionally, the revenue generated from the increase in the fee or the new fee must be dedicated for a specific purpose and credited to an account separate and distinct from the general fund of the local governing body for this purpose. This subsection does not prohibit the imposition of motor vehicle service or user fees pursuant to an ordinance or resolution adopted before 2002, and it does not prohibit the reauthorization, by the same manner the fee was originally imposed, of a motor vehicle service or user fee that was in place before 2002."
SECTION 2. This act takes effect upon approval by the Governor and no refund is due any fee payer for fees paid pursuant to an ordinance or resolution adopted in 2002 before the effective date of this act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER raised the Point of Order that the Bill was out of order under Code Section 4-9-55(B) in that a two-thirds vote of the House was required for adoption.
SPEAKER WILKINS stated that a two-thirds vote was required under the section in that the effect of the law would be to reduce the authority that counties have to raise revenue in the aggregate. He therefore sustained the Point of Order and stated that a vote would be taken on either the second or third reading of the Bill.
Rep. KENNEDY spoke against the Bill.
Rep. KENNEDY moved to recommit the Bill to the Committee on Ways and Means.
Rep. COOPER moved to table the motion, which was agreed to.
Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of the Bill.
The following was received:
Columbia, S.C., April 24, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3678:
H. 3678 (Word version) -- Reps. Rice and Whipper: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., April 24, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1123:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., April 24, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4652:
H. 4652 (Word version) -- Reps. Lourie, Bales, Harrison, J. E. Smith, Hosey, J. H. Neal, Bingham, Talley, Thompson, Howard, Sheheen and Townsend: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE UNITED WE STAND SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., April 24, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 322:
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.
and asks for a Committee of Conference and has appointed Senators Martin, Waldrep and Hutto of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. EASTERDAY, SINCLAIR and COLEMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4844 (Word version) -- Reps. Davenport, Walker and Allison: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT THE TOWN OF INMAN'S TOWN LIMITS AT ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAY 292 THAT CONTAIN THE WORDS "INMAN, SOUTH CAROLINA HOME OF JEANNA RANEY MISS SOUTH CAROLINA 2001".
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5169 (Word version) -- Reps. Limehouse and Tripp: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS TO PROMPTLY PASS COMPREHENSIVE TRANSPORTATION SECURITY LEGISLATION WHICH PROVIDES THE FEDERAL FRAMEWORK FOR RULES AND PROCEDURES DESIGNED TO ENHANCE SECURITY AT THE NATION'S PORTS, WATERFRONT INDUSTRIAL FACILITIES, AND OTHER TRANSPORTATION-RELATED FACILITIES.
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5026 (Word version) -- Reps. Campsen, Altman, Bingham, R. Brown, Chellis, Cooper, Dantzler, Fleming, Harrell, Limehouse, Merrill, Quinn, Scarborough, Simrill, G. M. Smith, Whatley and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE, CURRENTLY UNDER CONSTRUCTION, THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 THE H. L. HUNLEY BRIDGE AND INSTALL APPROPRIATE SIGNS OR MARKERS, SO THAT AS THE PUBLIC PASSES, THEY WILL REMEMBER THE SUBMARINE, THE H.L. HUNLEY, AND THE NINE BRAVE CREW MEN WHO DIED ON BOARD.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3056 (Word version) -- Reps. Meacham-Richardson, A. Young, Simrill, Stille, White, Perry, Rodgers and Gilham: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS SEPARATE AGGRAVATING CIRCUMSTANCES WHICH MAY BE CONSIDERED IN THE DETERMINATION OF THE SENTENCE TO BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A PROTECTIVE ORDER OR A RESTRAINING ORDER, AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER WHEN THE DEFENDANT HAD A PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED OFFENSES AGAINST THE HOUSEHOLD MEMBER VICTIM; TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, 16-25-60, 16-25-70, ALL AS AMENDED, AND SECTION 16-25-65, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE, UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS, TO PROVIDE THAT THE SOLICITOR MAY NOT DROP A CRIMINAL DOMESTIC VIOLENCE CHARGE BEFORE TRIAL, TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS NOT TO BE CONSIDERED FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT PERSONS CHARGED WITH CRIMINAL DOMESTIC VIOLENCE OFFENSES UNDER TITLE 16, CHAPTER 25 MAY NOT BE CONSIDERED FOR THIS PROGRAM; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS AND THE RELEASE OF DEFENDANTS, SO AS TO REQUIRE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL DOMESTIC VIOLENCE FORTY-EIGHT HOURS AFTER ARREST, UPON GOOD CAUSE SHOWN AT THE BOND HEARING.
Ordered for consideration tomorrow.
The following was introduced:
H. 5180 (Word version) -- Rep. J. H. Neal: A HOUSE RESOLUTION TO RECOGNIZE DR. ARTHUR A. FLETCHER FOR A LIFETIME OF ACHIEVEMENT ON BEHALF OF THE AFRICAN-AMERICAN COMMUNITY AND THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5181 (Word version) -- Reps. J. Young and Weeks: A BILL TO RENAME SUMTER LANDING/PACK'S MARINA IN SUMTER COUNTY ON LAKE MARION AS PACK'S LANDING.
On motion of Rep. J. YOUNG, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5182 (Word version) -- Reps. Limehouse, Cotty, Altman, Campsen, Coates, Coleman, Cooper, Dantzler, Davenport, Freeman, Frye, Hamilton, Harrell, Harrison, Haskins, Hinson, Hosey, Jennings, Kennedy, Law, Lourie, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Neilson, Owens, Phillips, Rivers, Simrill, F. N. Smith, W. D. Smith, Talley, Thompson, Trotter, Vaughn, Wilkins and A. Young: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE THURSDAY BEFORE THE LAST MONDAY IN MAY IN ORDER TO REMIND AMERICANS OF MEMORIAL DAY.
Rep. LIMEHOUSE moved to waive Rule 5.12, which was agreed to by a division vote of 60 to 5.
On motion of Rep. LIMEHOUSE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. RIVERS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5166 (Word version) -- Reps. J. E. Smith, 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. 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 CHRISTIE NEWMAN BARRETT OF RICHLAND COUNTY FOR HER MORE THAN FIVE YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE PEOPLE AND STATE OF SOUTH CAROLINA WHILE SERVING AS AN ASSISTANT ATTORNEY GENERAL, AND TO WISH HER GOOD HEALTH AND MUCH HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.
H. 5167 (Word version) -- Reps. Snow, G. Brown, Harvin and Kennedy: A CONCURRENT RESOLUTION TO COMMEND CHARLIE THOMAS WALKER OF WILLIAMSBURG COUNTY FOR HIS MANY YEARS AND ACCOMPLISHMENTS AS A RADIO BROADCASTER IN SOUTH CAROLINA AND EXPRESS SINCERE APPRECIATION FOR HIS OUTSTANDING EFFORTS TO ENTERTAIN AND INFORM THE PEOPLE OF THIS STATE.
H. 5170 (Word version) -- Reps. White, Cooper, Martin, Stille, Thompson and Townsend: A CONCURRENT RESOLUTION CONGRATULATING THE ANDERSON COUNTY SOIL AND WATER CONSERVATION DISTRICT ON RECEIVING THE "SOUTH CAROLINA CONSERVATION DISTRICT OF THE YEAR AWARD".
H. 5171 (Word version) -- Reps. White and Martin: A CONCURRENT RESOLUTION TO COMMEND MRS. NANCY MCCANNON OF ANDERSON COUNTY FOR HER OUTSTANDING WORK IN THE FIELD OF AGRIBUSINESS AND TO CONGRATULATE HER ON WINNING THE 2002 PIEDMONT REGION AGRIBUSINESS AWARD.
H. 5176 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE OVERWHELMING GENEROSITY OF THE MEMBERS OF THE EPISCOPAL CHURCH OF THE ADVENT IN SPARTANBURG WHO TRAVELED TO NEW YORK CITY AND DEDICATED THEIR TIME AND RESOURCES AT ST. PAUL'S CHAPEL AT GROUND ZERO TO HELP THE RESCUE WORKERS AFTER THE SEPTEMBER 11 ATTACKS ON THE WORLD TRADE CENTER.
H. 5177 (Word version) -- Rep. Sinclair: A CONCURRENT RESOLUTION TO CONGRATULATE YOUNG ORATOR, WORDSMITH, AND STORYTELLER, RIXON LANE OF WOODRUFF, FOR HIS FIRST PLACE FINISH AT THE NATIONAL STORYTELLING YOUTH OLYMPICS IN CALIFORNIA IN APRIL AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.
H. 5013 (Word version) -- Reps. Meacham-Richardson, Leach, Simrill, Clyburn, Allison, Bales, Barrett, Carnell, Delleney, Easterday, Edge, Emory, Frye, Gilham, Govan, Harrison, Hinson, Hosey, Keegan, Kelley, Limehouse, Littlejohn, Lloyd, Loftis, J. M. Neal, Owens, Phillips, Rice, Riser, Rodgers, Sandifer, Sinclair, J. R. Smith, Snow, Stille, Walker and Wilder: A CONCURRENT RESOLUTION TO DECLARE APRIL AS "SOUTH CAROLINA CHRISTIAN HERITAGE MONTH".
H. 5153 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND DR. FRANK G. ROBERSON FOR HIS OUTSTANDING WORK AS A SCHOOL ADMINISTRATOR AND TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR DR. ROBERSON'S TIRELESS EFFORTS TO PROVIDE STUDENTS IN SOUTH CAROLINA WITH THE BEST POSSIBLE EDUCATION.
H. 5156 (Word version) -- Rep. Emory: A CONCURRENT RESOLUTION TO COMMEND THE DETERMINATION AND DEDICATION OF THE INDIAN LAND HIGH SCHOOL LADY WARRIORS VOLLEYBALL TEAM THIS SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2001 CLASS A STATE CHAMPIONSHIP.
At 5:05 p.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Bill Hershman of Clover, to meet at 10:00 a.m. tomorrow.
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