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

Thursday, May 16, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Representative LEACH as follows:

Father, in this moment of silence, with our heads bowed, we lift our hearts to You with eternal praise. You have created us in Your image and given us a free will to seek You or reject You. Today, we come before Your throne of mercy and proclaim, You are our God. We ask for Your blessing, and Your guidance. Help us to love and serve our fellowman and to forgive each other, as You have forgiven us. Increase our faith, and lead us to a greater personal commitment in our service to You. Bless each of our leaders and give them strength. This we ask in the name of our 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.

MOTION ADOPTED

Rep. A. YOUNG moved that when the House adjourns, it adjourn in memory of Carolyn Hyman Goodstein of Charleston, mother of former Representative Arnold Goodstein, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 15, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Peeler, McGill and Alexander of the Committee of Conference on the part of the Senate on S. 966:

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.

Very respectfully,
President
Received as information.

S. 131--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 15, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 131:

S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.

Very respectfully,
President

On motion of Rep. HARRELL, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. COOPER, KIRSH and RICE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REGULATIONS RECEIVED

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

Document No. 2733
Agency: Department of Labor, Licensing and Regulation, Board of Chiropractic Examiners
Statutory Authority: 1976 Code Sections 40-1-40 and 40-9-30
Examination
Received by Speaker of the House of Representatives
May 15, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration September 12, 2002 (Subject to Sine Die Revision)

Document No. 2732
Agency: Department of Labor, Licensing and Regulation, Board of Chiropractic Examiners
Statutory Authority: 1976 Code Sections 40-1-40 and 40-9-30
Advertising and Solicitation
Received by Speaker of the House of Representatives
May 15, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration September 12, 2002 (Subject to Sine Die Revision)

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 42 (Word version) -- Senators J. V. Smith, Giese, Reese and Branton: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 1007 (Word version) -- Senators Bauer, Gregory, Ravenel, Ritchie, Branton, Hawkins, Fair, Hayes and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION; AND SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 668 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 41-27-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING PARAGRAPHS TO SPECIFICALLY NAME NATIVE AMERICAN TRIBES AND TO AUTOMATICALLY COVER EMPLOYING UNITS LIABLE UNDER THE FEDERAL UNEMPLOYMENT TAX ACT; TO AMEND CHAPTER 27, TITLE 4, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-235 TO PROVIDE NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER; TO AMEND SECTION 41-27-260, RELATING TO EXEMPTED EMPLOYMENT, TO CLARIFY THAT AN APPOINTED SUCCESSOR OF AN ELECTED OFFICIAL IS CONSIDERED THE SAME AS AN ELECTED OFFICIAL AND TO ADD AN EXEMPTED EMPLOYMENT DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS, TO REDUCE THE INITIAL TWENTY-FOUR MONTH RATING PERIOD TO TWELVE MONTHS AND TO ONCE A YEAR; TO AMEND SECTION 41-31-60, RELATING TO DELINQUENT REPORTS, TO REDUCE THE EMPLOYER DELINQUENT REPORT PENALTY FROM FIVE AND FOUR-TENTHS TO TWO AND SIXTY-FOUR HUNDREDTHS PERCENT; TO AMEND SECTION 41-31-110, RELATING TO COMPUTATION RATES APPLICABLE TO SUCCESSORS, TO REDUCE THE SUCCESSOR RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO FREQUENCY OF CONTRIBUTION REPORTS, TO REQUIRE ELECTRONIC WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80, RELATING TO THE UNEMPLOYMENT TRUST FUND, TO CORRECT A SECTION REFERENCE.
Ordered for consideration tomorrow.

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

S. 634 (Word version) -- Senators Wilson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-305 SO AS TO PROVIDE THAT UPON RECEIVING PROPER AUTHORITY FROM THE UNITED STATES GOVERNMENT, THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SELECTIVE SERVICE REGISTRATION FOR CERTAIN PERSONS AT THE TIME IT ISSUES, RENEWS, OR PROVIDES A DUPLICATE COPY OF A DRIVER'S LICENSE OR IDENTIFICATION CARD.
Ordered for consideration tomorrow.

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

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

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

H. 4957 (Word version) -- Rep. Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO REQUIRE THAT THE OFFICIAL FLAG OF THE NATIONAL LEAGUE OF FAMILIES OF AMERICAN PRISONERS AND MISSING IN SOUTHEAST ASIA BE FLOWN ATOP THE DOME OF THE STATE HOUSE AND ON THE GROUNDS OF OR ATOP ALL SOUTH CAROLINA STATE WELCOME CENTERS AND STATE OFFICE BUILDINGS ON CERTAIN DAYS.
Ordered for consideration tomorrow.

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

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.
Ordered for consideration tomorrow.

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

S. 996 (Word version) -- Senators Courson, Alexander, Anderson, Bauer, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A JOINT RESOLUTION TO CREATE THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5290 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO COMMEND AND THANK THE HONORABLE GEORGE E. "CHIP" CAMPSEN III OF CHARLESTON COUNTY FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

Whereas, the Honorable George E. "Chip" Campsen III of Charleston County has ably represented the citizens of House District No. 112 since 1997; and

Whereas, Representative Campsen is not seeking re-election to the House of Representatives in 2002; and

Whereas, he graduated from Furman University, Phi Beta Kappa, in 1981, and obtained his law degree from the University of South Carolina in 1989; and

Whereas, he is an outstanding lawyer and is a member of the South Carolina Bar and the Charleston County Bar Association; and

Whereas, he has served on the Board of Visitors of Charleston Southern University, the President's Advisory Council for the Medical University of South Carolina, and the Charleston County Accommodations Tax Advisory Committee, among other important boards, committees, and commissions; and

Whereas, Representative Campsen has brought insight to complex state issues as a member of the General Assembly and has provided genuine leadership in the House; and

Whereas, we hope only for the best that life has to offer our good and valued friend and our esteemed colleague in the future. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank the Honorable George E. "Chip" Campsen III of Charleston County for his outstanding service as a member of the House of Representatives and wish him well in his future endeavors.

Be it further resolved that a copy of this resolution be presented to our wonderful friend and distinguished colleague, Chip Campsen.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 5291 (Word version) -- Reps. Bingham, Huggins and Riser: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999, THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.
On motion of Rep. BINGHAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 980 (Word version) -- Senators Bauer and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

CONCURRENT RESOLUTION

The following was introduced:

H. 5292 (Word version) -- Reps. McLeod, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF CAPTAIN CARLTON BRADLEY SANDERS, UNITED STATES MARINE CORPS, OF LITTLE MOUNTAIN AND NEWBERRY COUNTY, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Whereas, the members of the General Assembly were deeply saddened to learn of the tragic and untimely death of United States Marine Corps Captain Carlton Bradley (Brad) Sanders on April 30, 2002; and

Whereas, Captain Sanders was born on February 5, 1972 in Columbia, South Carolina and was the beloved son of James Raymond Sanders and Ann Bowers Sanders; and

Whereas, Captain Sanders graduated with honors from Mid-Carolina High School in 1990, attended Clemson University, and graduated from the University of South Carolina with a Bachelor of Science degree in Mechanical Engineering in 1995; and

Whereas, upon graduation, Brad Sanders was commissioned as a United States Marine Corps Officer, having previously completed the Officers Candidate School at Quantico, Virginia; and

Whereas, after completing the rigorous Officers Basic School, also at Quantico, Virginia, in 1996, Captain Sanders attended both the United States Navy Flight School at Naval Air Station Pensacola, Florida and intermediate jet training with VT-9 in Meridian, Mississippi, and received the highly esteemed Naval Aviator designation in July of 1999, with VT-22 in Kingsville, Texas; and

Whereas, as a fighter pilot, Captain Sanders completed training in the F/A-18 Hornet aircraft with Fighter Attack Squadron VFA-106 in Oceana, Virginia. Captain Sanders further completed the Fleet Replacement Squadron syllabus, and since July of 2000, was assigned to the "Fighting Bengals" of VMFA(AW) at the Marine Corps Air Station in Beaufort, South Carolina, where he held a variety of mission essential staff assignments; and

Whereas, as a member of the "Fighting Bengals", Captain Sanders participated in a deployment to the Western Pacific from July of 2001 to January of this year, where he flew numerous missions in support of the 31st Marine Expeditionary Unit based in Okinawa, Japan; and

Whereas, the United States Marine Corps conducted a memorial service on Thursday, May 2, 2002, at the Marine Corps Air Station Chapel in Beaufort, and Captain Sanders' funeral services were held on Friday, May 3, 2002, at his home church, Holy Trinity Lutheran Church, in Little Mountain with burial in the church cemetery with full military honors; and

Whereas, Captain Sanders is survived by his loving parents, James Raymond Sanders and Ann Bowers Sanders, a twin brother, J. Chris Sanders of Atlanta, Georgia, his maternal grandparents, Mr. and Mrs. Carlton Griffith (Mary Nell Hartman) Bowers of Little Mountain, and his fiancée, Lacey Thiery of New Jersey; and

Whereas, the members of the General Assembly want Captain Sanders' family and many friends to know that they are uppermost in their thoughts and have the members' deepest sympathy. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express profound sorrow upon the death of Captain Carlton Bradley Sanders, U.S. Marine Corps, of Little Mountain and Newberry County, and extend deepest sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to Captain Sanders' parents, James Raymond Sanders and Ann Bowers Sanders.

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

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 16.

Bill Cotty                        H.B. "Chip" Limehouse
Grady Brown                       Ralph Davenport
David Mack                        Skipper Perry
Thomas Rhoad                      Vincent Sheheen
Phillip Sinclair                  Fletcher Smith
Todd Rutherford
Total Present--116

LEAVE OF ABSENCE

The SPEAKER granted Rep. GILHAM a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARVIN a leave of absence for the day due to work in his district.

LEAVE OF ABSENCE

The SPEAKER granted Rep. EASTERDAY a leave of absence for the remainder of the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. F. N. SMITH a leave of absence for the remainder of the day due to medical reasons.

STATEMENT OF ATTENDANCE

Rep. KELLEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 15.

LEAVE OF ABSENCE

The SPEAKER granted Rep. EMORY a leave of absence for the remainder of the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Tom Whitaker of Myrtle Beach is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. HUGGINS presented to the House the Chapin High School Navy Junior ROTC Program, named the No. 1 Navy Junior ROTC Program in the Southeast, their directors and other school officials.

SENT TO THE SENATE

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

H. 5262 (Word version) -- Rep. G. Brown: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE LEE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 5288--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5288 (Word version) -- Reps. Rice, Cato, Easterday, Hamilton, Leach, Loftis and Tripp: A BILL TO PROHIBIT THE POLICE DEPARTMENT OF THE CITY OF GREENVILLE FROM ISSUING A PARKING CITATION OR OTHERWISE ENFORCE PARKING VIOLATIONS IN A PUBLIC OR PRIVATE PARKING LOT UNLESS CERTAIN SIGNS HAVE BEEN ERECTED.

Rep. RICE proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\3023MM02), which was adopted:
Amend the bill, as and if amended, by deleting line 25 and inserting:
/ sixteen square feet on which is printed the/
Amend title to conform.

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

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

H. 5288--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RICE, with unanimous consent, it was ordered that H. 5288 be read the third time tomorrow.

ORDERED TO THIRD READING

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

H. 5289 (Word version) -- Reps. Jennings and Freeman: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO REDESIGNATE THE EIGHT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SCHOOL DISTRICT ARE ELECTED, DESIGNATE A MAP NUMBER ON WHICH THE ELECTION DISTRICTS ARE DELINEATED, AND DELETE PROVISIONS WHICH PROVIDED THAT THE MEMBERS ARE ELECTED FROM ELECTION DISTRICTS WHICH CORRESPOND TO THE EIGHT SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF MARLBORO COUNTY ARE ELECTED.

H. 5289--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FREEMAN, with unanimous consent, it was ordered that H. 5289 be read the third time tomorrow.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 1195 (Word version) -- Senator Martin: A BILL TO ENACT THE "SCHOOL DISTRICT OF PICKENS COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF THE ONE PERCENT SALES AND USE TAX WITHIN PICKENS COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING DEFINITIONS OF "SKIM-BOW NET", AND "STRETCH"; TO AMEND SECTION 50-5-330, RELATING TO RECREATIONAL FISHING, EQUIPMENT, AND COMMERCIAL MINNOW TRAPS, BY ADDING A PROVISION TO PROVIDE FOR A PENALTY FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, TO PROVIDE FOR THE USE OF SKIM-BOW NETS SO AS TO PROVIDE THAT SKIM-BOW NETS MUST BE USED FROM HIGH LAND OR STRUCTURES AFFIXED TO HIGH LAND WITHOUT POWER ASSISTED DEVICES; TO AMEND SECTION 50-5-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE " ANADROMOUS", "DREDGE", "HERRING", "PEELER TRAP", "STRIKER", AND "TRAWLING"; TO AMEND SECTION 50-5-65, RELATING TO SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PROVIDE THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS NOT ILLEGAL PER SE MAY BE DONATED TO A NON-PROFIT ENTITY OR DESTROYED IN THE DISCRETION OF THE DEPARTMENT OF NATURAL RESOURCES, THAT PERISHABLE ITEMS SEIZED THE SALE OF WHICH IS ILLEGAL ONLY BECAUSE OF THE PLACE, MANNER, OR METHOD BY WHICH IT WAS SEIZED MUST BE SOLD, AND TO PROVIDE FOR RETENTION OF THE PROCEEDS OF PERISHABLE ITEMS SOLD UNTIL FINAL ADJUDICATION OF THE CASE; TO AMEND SECTION 50-5-70, RELATING TO THE SALE OF CONFISCATED DEVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST SELL CONFISCATED DEVISES NOT USED OR DESTROYED BY THE DEPARTMENT; TO AMEND SECTION 50-5-300, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR RESIDENTS, SO AS TO PROVIDE THAT A RESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-310, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR NONRESIDENTS, SO AS TO PROVIDE THAT A NONRESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES, FEES, AND THE TAGGING OF EQUIPMENT, SO AS TO PROVIDE THAT NO PERSON MAY HOLD OR APPLY FOR A SEPARATE LICENSE RESULTING IN AVOIDANCE OF LICENSE FEE DIFFERENTIALS, AND THAT THE DEPARTMENT MAY REQUIRE AN OWNER TO AFFIX IDENTIFICATION NUMBERS AND TAGS TO COMMERCIAL EQUIPMENT; TO AMEND SECTION 50-5-335, CHANNEL NET LICENSES AND RESTRICTIONS, SO AS TO REGULATE PREFERENCES FOR LICENSES, PROVIDE THAT APPLICANTS MUST BE SIXTEEN YEARS OF AGE AND A RESIDENT OF THIS STATE, AND THAT ONLY ONE CHANNEL NET LICENSE MAY BE ISSUED TO A PERSON; TO AMEND SECTION 50-5-350, RELATING TO DISPLAY OF LICENSES, PERMITS, AND VESSEL'S IDENTIFICATION DECALS, SO AS TO REQUIRE DISPLAY OF IDENTIFICATION DECALS ON THE PORT AND STARBOARD SIDES OF A VESSEL; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS AND LICENSES, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO BUYS, HANDLES, OR SELLS LIVE OR FRESH SALTWATER FISH OR SALTWATER FISH PRODUCTS LANDED IN THIS STATE, REGARDLESS OF WHERE TAKEN, MUST OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE; TO AMEND SECTION 50-5-370, RELATING TO PURCHASE OR REMOVAL OF SALTWATER FISHERY PRODUCTS NOT HANDLED BY A LICENSED WHOLESALE SEAFOOD DEALER FROM THIS STATE FOR COMMERCIAL PURPOSES, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PERSONS RECEIVING LIVE BAIT FROM A LICENSED LIVE BAIT DEALER OR TO PERSONS OR ENTITIES RECEIVING CULTURED PRODUCTS FROM PERSONS THAT SOLELY PRODUCE FISH OR FISHERY PRODUCTS REARED AS OFFSPRING FROM BROOD STOCK IN CAPTIVITY; TO AMEND SECTION 50-5-505, RELATING TO NET USE REQUIREMENTS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO HAUL SEINE MAY BE SET WITHIN FIVE HUNDRED YARDS OF ANY PUBLIC FISHING PIER; TO AMEND SECTION 50-5-510, RELATING TO CHANNEL NETS, SO AS TO CHANGE THE NUMBER OF BUOYS REQUIRED TO MARK CHANNEL NETS FROM ONE TO THREE AND PROVIDE FOR THEIR LOCATION, AND TO PROVIDE THAT WHEN SET NO CHANNEL NET MAY BE UNATTENDED FOR MORE THAN TWENTY-FOUR HOURS; TO AMEND SECTION 50-5-515, RELATING TO CHANNEL NETS AND TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT TURTLE EXCLUDER DEVICES MUST CONFORM TO SPECIFICATIONS OF THE NATIONAL MARINE FISHERIES SERVICE FOR SOFT TURTLE EXCLUSION DEVICES; TO AMEND SECTION 50-5-520, RELATING TO CHANNEL NET VIOLATIONS, FORFEITURE OF LICENSES, AND SEIZURE OF EQUIPMENT, SO AS TO PROVIDE THAT THE SEIZURE REQUIREMENTS OF THIS DO NOT APPLY TO REQUIREMENTS RELATING TO DISTANCES FROM THE CENTERLINE OF MARKED NAVIGATION CHANNELS IF THE DISTANCE IS GREATER THAN THREE HUNDRED FEET; TO AMEND SECTION 50-5-545, RELATING TO COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS, SO AS TO PROVIDE FOR THE NUMBER, SIZE, AND LOCATION OF CIRCULAR ESCAPE VENTS IN COMMERCIAL CRAB TRAPS, AND TO PROVIDE AN EXEMPTION FOR PEELER TRAPS; TO AMEND SECTION 50-5-550, RELATING TO TRAP BUOY SIZES, SO AS TO PROVIDE THAT MINNOW TRAPS USED FOR COMMERCIAL PURPOSES MUST UTILIZE FLOATS NO SMALLER THAN FIVE INCHES MARKED WITH THE OPERATOR'S NAME AND BAIT DEALER LICENSE NUMBER, AND THAT NO PERSON MAY ACQUIRE MORE THAN ONE IDENTIFICATION NUMBER REQUIRED FOR EACH LICENSED COMMERCIAL SALTWATER FISHERMAN LICENSED TO FISH TRAPS; TO AMEND SECTION 50-5-715, RELATING TO TRAWLING RESTRICTION AREAS WITHIN THE GENERAL TRAWLING ZONE, SO AS TO STRIKE THE WORD "BECOMING"; TO AMEND SECTION 50-5-765, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO STRIKE A PROVISION THAT CERTAIN TRAWL NETS ARE CONTRABAND; TO AMEND SECTION 50-5-960, RELATING TO RECREATIONAL SHELLFISH BOTTOM HARVESTS, SO AS TO STRIKE A PROVISION THAT NO PERSON MAY GATHER MORE THAN ONE PERSONAL LIMIT OF SHELLFISH PER DAY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN DAY PERIOD AND INSERT A PROVISION THAT NO PERSON MAY HARVEST SHELLFISH RECREATIONALLY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN DAY PERIOD; TO AMEND SECTION 50-5-965, RELATING TO TAKING SHELLFISH FROM BOTTOMS DESIGNATED FOR COMMERCIAL HARVEST AND INDIVIDUAL HARVESTER PERMITS, SO AS TO LIMIT THE APPLICATION OF THE SECTION TO BOTTOMS OR WATERS UNDER PERMIT FOR SHELLFISH CULTURE OR MARICULTURE, EXCLUDE COMMERCIAL FISHERMEN FROM THE APPLICATION OF THE SECTION, AND TO COMBINE AND EXPAND THE PROVISIONS FOR PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-1505, RELATING TO PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS, AND RELATED MATTERS, SO AS TO STRIKE THE LANGUAGE MAKING CERTAIN PROVISIONS OF LAW EFFECTIVE UNTIL THE PROVISIONS ARE PROMULGATED REGULATIONS; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS AS TO SHAD AND HERRING, SO AS TO PROVIDE FOR THE USE OF SKIM-BOW NETS WITHIN THE SPECIAL PROVISIONS RELATING TO SHAD AND HERRING; TO AMEND SECTION 50-5-1540, RELATING TO NET PLACEMENTS, SO AS TO PROVIDE THAT NO NET MAY BE SET WITHIN SIX HUNDRED FEET OF ANY GILL NET PREVIOUSLY SET, OR DRIFTED WITHIN SIX HUNDRED FEET OF ANOTHER DRIFTING NET; TO AMEND SECTION 50-5-1560, RELATING TO PENALTIES FOR OFFENSES FOR WHICH NO PENALTY HAS BEEN PRESCRIBED, SO AS TO STRIKE CERTAIN OBSOLETE LANGUAGE FROM THE SECTION; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL AND PUBLIC PIER LOGS, SO AS TO STRIKE "BOAT" AND INSERT "FISHING VESSEL", REVISE CERTAIN PENALTY PROVISIONS TO INCLUDE A TERM OF IMPRISONMENT, AND PROHIBIT ISSUING CHARTER FISHING VESSEL LICENSES UNTIL THE REQUIREMENTS OF THIS SECTION ARE MET; TO AMEND SECTION 50-5-2505, RELATING TO POINT SYSTEM ADMINISTRATION, SO AS TO DELETE A DUPLICATE PROVISION; TO AMEND SECTION 50-5-2510, RELATING TO SUSPENSION OF SALTWATER PRIVILEGES FOR ACCUMULATION OF POINTS, SO AS TO CONFORM LANGUAGE BY STRIKING "BOAT" AND INSERTING "FISHING VESSEL"; TO AMEND SECTION 50-5-2515, RELATING TO NOTICE AND REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE THAT REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES MUST BE IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-5-2520, RELATING TO APPEALS, SO AS TO CHANGE A REFERENCE TO THE APPEAL AUTHORITY FROM ARTICLE 3, CHAPTER 23, TITLE 1 OF THE CODE TO ARTICLE 5, CHAPTER 23, TITLE 1 OF THE CODE; TO AMEND SECTION 50-5-2725, RELATING TO SHARK CATCH LIMITS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FISHERY MANAGEMENT PLAN FOR SHARKS OF THE ATLANTIC OCEAN; TO AMEND SECTION 50-5-2730, RELATING TO FEDERAL FISHING REGULATIONS BEING THE LAW OF THE STATE, SO AS TO INCLUDE SALES RESTRICTIONS WITHIN THE SECTION AND PROVIDE THAT THE FEDERAL REGULATIONS APPLY STATEWIDE INCLUDING IN STATE WATERS; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT BEING REQUIRED TO HEAVE TO AND PERMIT BOARDING BY LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE PASSENGERS AMONG THOSE WHO MAY BE GUILTY OF VIOLATING THE SECTION, AND TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE.

ORDERED ENROLLED FOR RATIFICATION

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

S. 1023 (Word version) -- Senators Bauer, Giese, Mescher, Ravenel, Hayes, Ryberg, O'Dell, Gregory, Grooms, Kuhn, Martin and Branton: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE CAUSE OF DEATH ON A DEATH CERTIFICATE BY A CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR DEPUTY MEDICAL EXAMINER, SO AS TO PROVIDE THAT THESE PERSONS ARE NOT REQUIRED TO SIGN, BUT SHALL COMPLETE AND EXECUTE THE MEDICAL CERTIFICATION PORTION OF A DEATH CERTIFICATE, AND IF THE CERTIFICATION OF CAUSE OF DEATH CANNOT BE COMPLETED WITHIN A CERTAIN PERIOD OF TIME WHEN AN AUTOPSY IS SCHEDULED, THEN THE COUNTY MEDICAL EXAMINER SHALL INDICATE THAT THE CAUSE OF DEATH IS PENDING AND CERTIFY THE CERTIFICATION OF CAUSE OF DEATH.

S. 715--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 715 (Word version) -- Senators McConnell, J. V. Smith, Hawkins and Peeler: A BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE; AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES.

Reps. J. YOUNG, G. M. SMITH, WEEKS, RIVERS, ALTMAN, JENNINGS and VAUGHN requested debate on the Bill.

S. 1249--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 1249 (Word version) -- Senators Short and Fair: A BILL TO AMEND SECTION 20-7-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNSEL FOR A GUARDIAN AD LITEM, SO AS TO PROVIDE THAT COUNSEL MUST BE APPOINTED FOR A GUARDIAN AD LITEM WHO IS NOT AN ATTORNEY IN ANY CASE THAT IS CONTESTED; TO AMEND SECTION 20-7-1690, RELATING TO THE REIMBURSEMENT FOR FEES AND COSTS FOR THE CONSENT OR RELINQUISHMENT OF A CHILD FOR ADOPTION, SO AS TO PROVIDE THAT THE COURT MAY APPROVE AN ADOPTION WHILE NOT APPROVING UNREASONABLE FEES AND COSTS; TO AMEND SECTION 20-7-1700, RELATING TO FUTURE CHILD SUPPORT OBLIGATIONS AFTER THE CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR AN ADOPTION, SO AS TO PROVIDE THAT THE GIVING OF CONSENT OR RELINQUISHMENT FOR AN ADOPTION RELIEVES A PERSON OF ALL RIGHTS AND OBLIGATIONS, INCLUDING FUTURE CHILD SUPPORT OBLIGATIONS; TO AMEND SECTION 20-7-1770, RELATING TO OPEN AND COOPERATIVE ADOPTIONS, SO AS TO PROVIDE THAT A FINAL ADOPTION DECREE IS NOT AFFECTED BY AN AGREEMENT ENTERED INTO BEFORE THE ADOPTION BETWEEN A CHILD'S ADOPTIVE AND BIOLOGICAL PARENTS CONCERNING VISITATION, EXCHANGE OF INFORMATION, OR OTHER INTERACTION BETWEEN THE CHILD AND ANY OTHER PERSON.

Reps. ALTMAN, COOPER, SHARPE, THOMPSON, WHITE, G. M. SMITH, BALES and HARRISON requested debate on the Bill.

H. 5259--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5259 (Word version) -- Reps. Meacham-Richardson, Kirsh, Loftis, Trotter, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Walker, Weeks, Whatley, White, Wilder, Witherspoon, J. Young and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO PROVIDE THAT NO CONTRACTUAL AGREEMENT FOR THE LEASING OF RESIDENTIAL OR COMMERCIAL PROPERTY AND NO HOMEOWNER'S ASSOCIATION BY-LAWS MAY RESTRICT THE LAWFUL FLYING OF THE AMERICAN FLAG ON THE PREMISES.

Rep. MEACHAM-RICHARDSON proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11741AC02), which was adopted:
Amend the bill, as and if amended, Section 27-1-60, page 1, line 27, immediately after the /./ by inserting /However, such agreements and by-laws may restrict the size of the flag to no larger than three feet by five feet./
Renumber sections to conform.
Amend totals and title to conform.

Rep. MEACHAM-RICHARDSON explained the amendment.
The amendment was then adopted.

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

H. 5259--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MEACHAM-RICHARDSON, with unanimous consent, it was ordered that H. 5259 be read the third time tomorrow.

S. 1133--POINT OF ORDER

The following Joint Resolution was taken up:

S. 1133 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.

POINT OF ORDER

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

S. 638--POINT OF ORDER

The following Bill was taken up:

S. 638 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL DAYS BY ADDING SECTION 53-3-150 SO AS TO PROVIDE THAT MARCH SIXTH OF EACH YEAR IS LYMPHEDEMA D-DAY IN SOUTH CAROLINA, AND TO ENCOURAGE SOUTH CAROLINIANS TO WEAR A BUTTERFLY ON LYMPHEDEMA D-DAY AS A SYMBOL OF CARING AND HOPE FOR THOSE LIVING AND COPING WITH LYMPHEDEMA AND THE DEBILITATING CONDITION ASSOCIATED WITH LYMPHEDEMA.

POINT OF ORDER

Rep. J. BROWN 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.

S. 977--POINT OF ORDER

The following Bill was taken up:

S. 977 (Word version) -- Senators Giese, J. V. Smith, Land, Short, Drummond, Fair, Mescher, Leatherman, Verdin, Ritchie and Branton: A BILL TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE "ATTENDANT CARE SERVICES" AND "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40-33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES WHICH ENABLE A PERSON TO REMAIN AT HOME RATHER THAN IN AN INSTITUTION AND WHICH INCLUDES HOMEMAKER AND COMPANION SERVICES AND CERTAIN HEALTH MAINTENANCE ACTIVITIES.

POINT OF ORDER

Rep. J. BROWN 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.

OBJECTION TO RECALL

Rep. GOVAN asked unanimous consent to recall H. 5223 from the Committee on Education and Public Works.
Rep. RISER objected.

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall S. 65 from the Committee on Judiciary.
Rep. SCOTT objected.

S. 911--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 911 (Word version) -- Senator Pinckney: A BILL TO CONFIRM AND RATIFY ALL PROCEEDINGS OF THE TRUSTEES AND OFFICIALS OF THE JASPER COUNTY SCHOOL DISTRICT IN CALLING AND HOLDING A SPECIAL ELECTION ON SEPTEMBER 29, 2001, PURSUANT TO THE "JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT", ON THE QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS IN AN AMOUNT NOT EXCEEDING FORTY-FIVE MILLION NINE HUNDRED SIXTY-NINE THOUSAND NINE HUNDRED SIXTY-FIVE DOLLARS AND IMPOSING A ONE PERCENT SPECIAL SALES AND USE TAX FOR NOT MORE THAN TWENTY-FIVE YEARS, AND AUTHORIZING THE ISSUANCE OF THE BONDS AND THE IMPOSITION OF THE SALES TAX IN FURTHERANCE OF THE VOTE AT THE ELECTION.

OBJECTION TO RECALL

Rep. FLEMING asked unanimous consent to recall S. 65 from the Committee on Judiciary.
Rep. WEEKS objected.

R. 302, H. 4435--GOVERNOR'S VETO SUSTAINED

The Veto on the following Act was taken up:

(R302) H. 4435 (Word version) -- Reps. Robinson, Altman and Whipper: A BILL TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.

Rep. HARRISON explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 8; Nays 79

Those who voted in the affirmative are:

Altman                 Coleman                Cooper
Delleney               Loftis                 Rivers
Scarborough            White

Total--8

Those who voted in the negative are:

Allen                  Bales                  Barrett
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Carnell                Chellis                Clyburn
Coates                 Dantzler               Davenport
Edge                   Freeman                Gourdine
Govan                  Hamilton               Harrell
Harrison               Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kennedy
Kirsh                  Leach                  Littlejohn
Lloyd                  Lourie                 Lucas
Martin                 McCraw                 McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neilson                Ott
Owens                  Parks                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Sandifer
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Stille                 Talley                 Taylor
Thompson               Townsend               Tripp
Vaughn                 Webb                   Weeks
Whatley                Whipper                Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Total--79

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I inadvertently missed the veto message vote concerning R. 302 (H. 4435). Had I voted, I would have voted "No" on the veto override.

Rep. Jim Battle

H. 3697--NONCONCURRENCE IN SENATE AMENDMENTS

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

H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.

Rep. HARRISON explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

H. 3014--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3014 (Word version) -- Reps. Kirsh, Meacham-Richardson, Witherspoon, Stille and Walker: A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.

Rep. TOWNSEND explained the Senate Amendments.

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

H. 4670--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

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

Rep. TOWNSEND 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.

S. 968--SENATE AMENDMENTS CONCURRED IN AND JOINT RESOLUTION ENROLLED

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

S. 968 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO $1,207,749 OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF ACQUIRING OPERATING SOFTWARE AND INFORMATION TECHNOLOGY EQUIPMENT TO BE USED FOR PROCESSING INCREASED WORKLOADS RELATED TO UNEMPLOYMENT CLAIMS AND EMPLOYER ACCOUNTS.

Rep. HARRELL explained the Senate Amendments.

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

H. 3819--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3819 (Word version) -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J. M. Neal, Ott, Phillips, F. N. Smith, Snow, Whatley and Witherspoon: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO PROVIDE THAT, IF REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE.

Rep. DELLENEY explained the Senate Amendments.

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

H. 4998--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

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

Rep. HARRELL explained the Senate Amendments.

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

H. 4922--SENT TO THE SENATE

The following Bill was taken up:

H. 4922 (Word version) -- Reps. Scarborough, Owens, Limehouse, White, Trotter, Townsend, Cooper, Kelley, Meacham-Richardson, Altman, Loftis and A. Young: 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. J. E. SMITH moved to table the Bill.

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

Yeas 23; Nays 67

Those who voted in the affirmative are:

Bales                  Breeland               Brown, G.
Clyburn                Govan                  Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Lloyd                  Lourie
McLeod                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Rhoad                  Rivers
Rutherford             Scott                  Smith, J.E.
Snow                   Weeks

Total--23

Those who voted in the negative are:

Allison                Barfield               Barrett
Bingham                Bowers                 Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Edge                   Fleming                Freeman
Gourdine               Harrell                Harrison
Haskins                Hinson                 Huggins
Keegan                 Kelley                 Kennedy
Kirsh                  Koon                   Law
Leach                  Limehouse              Littlejohn
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Neilson                Owens                  Perry
Phillips               Quinn                  Rice
Sandifer               Scarborough            Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, J.R.            Stille                 Talley
Taylor                 Thompson               Tripp
Walker                 Whatley                White
Wilder                 Wilkins                Witherspoon
Young, A.

Total--67

So, the House refused to table the Bill.

Rep. J. E. SMITH spoke against the Bill.

POINT OF ORDER

Rep. LOURIE raised the Point of Order that the Bill was out of order under Rule 5.13 in that a fiscal impact statement was required for the Bill since the Bill affected expenditures of state funds.
SPEAKER WILKINS stated that a similar Point of Order was raised and overruled in May of 1997. He stated further that the precedence says that the fiscal impact statement requirement does not apply unless there is a direct expenditure of funds. He therefore overruled the Point of Order.

Rep. J. E. SMITH continued speaking.

Rep. SCARBOROUGH moved cloture on the entire matter.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 57; Nays 37

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Brown, J.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Edge                   Fleming                Hamilton
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 Meacham-Richardson     Merrill
Owens                  Perry                  Quinn
Rice                   Riser                  Sandifer
Scarborough            Sharpe                 Simrill
Smith, J.R.            Smith, W.D.            Stille
Talley                 Taylor                 Thompson
Townsend               Vaughn                 Walker
Webb                   Whatley                White
Wilder                 Wilkins                Young, A.

Total--57

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Brown, G.              Brown, R.              Carnell
Clyburn                Cobb-Hunter            Davenport
Delleney               Freeman                Gourdine
Hines, J.              Hosey                  Howard
Jennings               Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Phillips               Rivers
Rutherford             Scott                  Sheheen
Smith, G.M.            Smith, J.E.            Snow
Tripp                  Weeks                  Whipper
Witherspoon

Total--37

So, cloture was ordered.
Rep. JENNINGS spoke against the Bill.
Rep. J. E. SMITH spoke against the Bill.

Rep. SNOW moved to recommit the Bill to the Committee on Judiciary.

Rep. WHITE moved to table the motion.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 48; Nays 44

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Bingham                Campsen                Cato
Chellis                Cooper                 Dantzler
Davenport              Edge                   Fleming
Hamilton               Harrell                Harrison
Hinson                 Huggins                Kelley
Kirsh                  Koon                   Law
Leach                  Littlejohn             Loftis
Martin                 Meacham-Richardson     Merrill
Owens                  Perry                  Quinn
Rice                   Sandifer               Scarborough
Smith, D.C.            Smith, J.R.            Smith, W.D.
Talley                 Taylor                 Thompson
Townsend               Tripp                  Vaughn
Walker                 Webb                   Whipper
White                  Wilkins                Young, A.

Total--48

Those who voted in the negative are:

Allen                  Barfield               Bowers
Breeland               Brown, J.              Clyburn
Cobb-Hunter            Coleman                Cotty
Freeman                Gourdine               Govan
Hines, J.              Hosey                  Howard
Jennings               Keegan                 Kennedy
Lee                    Lourie                 Lucas
Mack                   McCraw                 McLeod
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Riser                  Rivers
Rutherford             Scott                  Sharpe
Sheheen                Smith, J.E.            Snow
Stuart                 Weeks                  Whatley
Wilder                 Witherspoon

Total--44

So, the motion to recommit the Bill was tabled.

The question then recurred to the passage of the Bill on third reading.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 48; Nays 42

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Brown, R.              Campsen                Cato
Chellis                Cooper                 Dantzler
Davenport              Edge                   Fleming
Frye                   Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Kirsh                  Koon
Law                    Leach                  Littlejohn
Loftis                 Martin                 Meacham-Richardson
Merrill                Owens                  Perry
Quinn                  Rice                   Riser
Scarborough            Smith, D.C.            Smith, J.R.
Smith, W.D.            Talley                 Taylor
Thompson               Townsend               Tripp
Vaughn                 Walker                 Whatley
White                  Wilkins                Young, A.

Total--48

Those who voted in the negative are:

Allen                  Barfield               Bowers
Breeland               Brown, J.              Carnell
Clyburn                Cobb-Hunter            Cotty
Freeman                Gourdine               Govan
Hines, J.              Hosey                  Jennings
Keegan                 Kennedy                Lee
Lourie                 Mack                   McCraw
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Parks                  Phillips               Rivers
Rutherford             Scott                  Sharpe
Sheheen                Smith, J.E.            Snow
Stuart                 Webb                   Weeks
Whipper                Wilder                 Witherspoon

Total--42

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

RECORD FOR VOTING

I was out of the Chamber at the time of the vote on H. 4922. I would have voted "yes" in favor of the Bill.

Rep. Gary Simrill

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 16, 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. 1205:

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 5285 (Word version) -- Reps. Campsen and Ott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT AN APPROPRIATE SIGN OR MARKER ON SULLIVAN'S ISLAND ON THE EASTERN SIDE OF 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 TO COMMEMORATE THE BATTLE OF SULLIVAN'S ISLAND AND COLONEL WILLIAM O. THOMSON, WHO LED THE AMERICAN FORCES AT THE BATTLE OF SULLIVAN'S ISLAND WHICH DEFEATED A BRITISH CONTINGENT ON JUNE 28, 1776.
Ordered for consideration tomorrow.

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

H. 5284 (Word version) -- Rep. Tripp: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE WHICH CROSSES OVER THE SOUTHERN CONNECTOR ON STANDING SPRINGS ROAD IN GREENVILLE COUNTY AS THE "PRESTON J. TUCKER, SR., BRIDGE" IN HONOR OF THIS FINE SOUTH CAROLINIAN.
Ordered for consideration tomorrow.

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

H. 5283 (Word version) -- Reps. Chellis, Cotty, Sinclair, Sharpe, Allen, Altman, Bales, Barfield, Barrett, Battle, R. Brown, Campsen, Cato, Coates, Cobb-Hunter, Dantzler, Davenport, Edge, Fleming, Freeman, Frye, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Huggins, Jennings, Keegan, Koon, Law, Limehouse, Littlejohn, McCraw, McGee, Meacham-Richardson, Merrill, Miller, Owens, Phillips, Rice, Riser, Rivers, Scarborough, Simrill, D. C. Smith, F. N. Smith, J. R. Smith, Snow, Thompson, Townsend, Vaughn, Walker, Webb, White and A. Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS TO ADOPT AND MAINTAIN POLICIES THAT WOULD LIMIT THE FURTHER OVER-VALUATION OF THE UNITED STATES DOLLAR IN ORDER TO PLACE UNITED STATES MANUFACTURERS ON EVEN GROUND WITH FOREIGN COMPETITORS.
Ordered for consideration tomorrow.

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

H. 4284 (Word version) -- Reps. Barrett, White and Sandifer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO STOP THE UNITED STATES CORPS OF ENGINEERS FROM GRANTING THE REQUEST OF HABERSHAM COUNTY IN GEORGIA TO WITHDRAW AND TRANSFER WATER FROM LAKE TUGALOO IN GEORGIA AND THE SAVANNAH RIVER TO THE CHATTAHOOCHEE RIVER.
Ordered for consideration tomorrow.

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

S. 12 (Word version) -- Senators Richardson, Mescher, Grooms, McConnell and Branton: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
Ordered for consideration tomorrow.

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

S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5293 (Word version) -- Rep. Taylor: A HOUSE RESOLUTION TO CONGRATULATE AND EXTEND APPRECIATION TO MISS LINDSEY MARIE JACKSON, MISS SOUTH CAROLINA CRIME STOPPERS FOR 2002, FOR HER OUTSTANDING SERVICE TO THE STATE, SOUTH CAROLINA CRIME STOPPERS, AND SOUTH CAROLINA LAW ENFORCEMENT OFFICERS DURING THE PERIOD SEPTEMBER 18, 2001 THROUGH SEPTEMBER 19, 2002.

The Resolution was adopted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5292 (Word version) -- Reps. McLeod, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF CAPTAIN CARLTON BRADLEY SANDERS, UNITED STATES MARINE CORPS, OF LITTLE MOUNTAIN AND NEWBERRY COUNTY, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 12:45 p.m. the House, in accordance with the motion of Rep. A. YOUNG, adjourned in memory of Carolyn Hyman Goodstein of Charleston, mother of former Representative Arnold Goodstein, to meet at 10:00 a.m. tomorrow.

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