Indicates Matter Stricken
Indicates New Matter

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

Almighty God, in Whose righteousness all things are and were created. We have come from the observance of Memorial Day remembering those who have made sacrifices for our beloved nation. And today we return to our desks and our deliberations with a sense of reverence in the use of our freedom. Deepen the root of our life in Your everlasting righteousness, and let not our actions be as a fading flower. To our legislators, give insight and faithfulness, that our laws may clearly speak the right, and our judges purely interpret them. O God of ages past and future, may wisdom and knowledge be the stability of our times and our deepest trust in You. Amen.

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

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

Rep. HAYES moved that when the House adjourns, it adjourn in memory of Horace Arnette of Dillon, which was agreed to.

The following was received:

Columbia, S.C., May 28, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on 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; AND PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO RESTRICTIONS ON THE PLEDGING OF THE CREDIT OF THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE, SO AS TO PROVIDE FOR INVESTMENT OF FUNDS IN A SEPARATE PENSION PLAN FOR FIREFIGHTERS OFFERED BY A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 28, 2002
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. W. D. SMITH the invitation was accepted.

The following was received from the Senate:

Columbia, S.C., May 28, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 5202:

H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.
and asks for a Committee of Conference and has appointed Senators Rankin, Ravenel and Alexander of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. MILLER, SNOW and BARFIELD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was introduced:

H. 5333 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON THE PASSING OF MRS. INEZ "PETTY" WILLIAMS JOHNSON OF CAMDEN ON FRIDAY, MARCH 1, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

The following was introduced:

H. 5334 (Word version) -- Rep. Freeman: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHERAW HIGH SCHOOL "BRAVES" BOYS GOLF TEAM AND HEAD COACH ROD NILLER ON WINNING THE 2002 CLASS AA STATE GOLF CHAMPIONSHIP.

The Resolution was adopted.

The following was introduced:

H. 5335 (Word version) -- Reps. McLeod and Huggins: A HOUSE RESOLUTION TO CONGRATULATE THE CHAPIN HIGH SCHOOL EAGLES BASEBALL TEAM UPON WINNING THE 2002 SOUTH CAROLINA CLASS AA STATE BASEBALL CHAMPIONSHIP AND TO COMMEND THE PLAYERS, COACHES, AND STAFF FOR THEIR COMMITMENT TO EXCELLENCE AND FOR THEIR OUTSTANDING ACCOMPLISHMENT.

The Resolution was adopted.

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

H. 5336 (Word version) -- Reps. McLeod and Huggins: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHAPIN HIGH SCHOOL "EAGLES" BASEBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON TUESDAY, MAY 28, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 2002 CLASS AA STATE BASEBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is hereby extended to the Chapin High School "Eagles" Baseball Team, coaches, and other school officials on Tuesday, May 28, 2002, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for an exceptional season and on capturing the 2002 Class AA State Baseball Championship.

The Resolution was adopted.

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

H. 5337 (Word version) -- Rep. Freeman: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHERAW HIGH SCHOOL "BRAVES" BOYS GOLF TEAM, HEAD COACH ROD NILLER, AND OTHER SCHOOL OFFICIALS, ON THURSDAY, MAY 30, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 2002 CLASS AA STATE GOLF CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is hereby extended to the Cheraw High School "Braves" Boys Golf Team, Head Coach Rod Niller, and other school officials, on Thursday, May 30, 2002, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 2002 Class AA Boys State Golf Championship.

The Resolution was adopted.

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

H. 5338 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE SILVER BLUFF HIGH SCHOOL VARSITY SOFTBALL TEAM, THEIR COACHES, STAFF, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR OUTSTANDING SEASON AND THEIR EXCITING 2002 CLASS AA STATE CHAMPIONSHIP WIN.

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, extend the privilege of the floor of the House of Representatives to the members of the Silver Bluff High School Varsity Softball Team, their coaches, staff, and other school officials at a date and time to be determined by the Speaker, to congratulate them on their outstanding season and their exciting 2002 Class AA State Championship win.

The Resolution was adopted.

The following was introduced:

H. 5339 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE SILVER BLUFF HIGH SCHOOL VARSITY SOFTBALL TEAM IN AIKEN FOR THEIR OUTSTANDING SEASON AND THEIR EXCITING 2002 CLASS AA STATE CHAMPIONSHIP WIN, AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THEIR FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 5340 (Word version) -- Rep. J. M. Neal: A CONCURRENT RESOLUTION TO COMMEND AND EXTOL MR. JOHN TAYLOR, SUPERINTENDENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, FOR HIS DEDICATION TO EDUCATING CHILDREN IN SOUTH CAROLINA'S PUBLIC SCHOOLS.

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

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

H. 5341 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PLAYERS, COACHES, AND STAFF OF THE BROOKLAND-CAYCE HIGH SCHOOL VARSITY SOFTBALL TEAM ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THEM FOR THEIR OUTSTANDING SEASON AND THEIR EXCITING 2002 CLASS AAA STATE CHAMPIONSHIP WIN.

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the South Carolina House of Representatives to the players, coaches, and staff of the Brookland-Cayce High School varsity softball team on a date and at a time to be determined by the Speaker for the purpose of recognizing them for their outstanding season and their exciting 2002 Class AAA State Championship win.

The Resolution was adopted.

The following was introduced:

H. 5342 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE BROOKLAND-CAYCE HIGH SCHOOL VARSITY SOFTBALL TEAM FOR THEIR OUTSTANDING SEASON AND THEIR EXCITING 2002 CLASS AAA STATE CHAMPIONSHIP WIN, AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THEIR FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 5343 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, 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, 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 CONGRATULATE REPRESENTATIVE WILLIAM EDWARD "BILL" SANDIFER III FOR HIS HARD WORK, LEADERSHIP, AND DEDICATION TO THE HOUSE OF REPRESENTATIVES AS HE IS NAMED LEGISLATOR OF THE YEAR BY THE SOUTH CAROLINA CEMETERY ASSOCIATION.

Whereas, Representative William Edward "Bill" Sandifer III was instrumental in implementing a South Carolina Cemetery Board that oversees and regulates cemeteries; and

Whereas, Representative Sandifer has served with distinction in the House of Representatives since 1995 and is greatly respected in the General Assembly; and

Whereas, he has worked diligently as the Chairman of the Business and Commerce Subcommittee of the Labor, Commerce and Industry Committee; and

Whereas, Representative Sandifer used his leadership ability in connection with his knowledge of the funeral and cemetery industry to champion the drafting of much needed legislation to reinstate the Cemetery Board and to provide for regulation of the cemetery industry; and

Whereas, Representative Sandifer was the prime sponsor of the legislation, shepherded it through the committee process, served as floor leader during debate, and was a member of the House Senate Conference Committee that settled differences between the House and Senate versions; and

Whereas, thanks to Representative Sandifer's leadership and initiative there is a Cemetery Board and a regulated industry that will serve and protect the people of South Carolina. 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 congratulate Representative William Edward "Bill" Sandifer III for his hard work, leadership, and dedication to the House of Representatives as he is named Legislator of the Year by the South Carolina Cemetery Association.

Be it further resolved that a copy of this resolution be forwarded to Representative William Edward "Bill" Sandifer III of Seneca.

The Resolution was adopted.

The following was introduced:

H. 5344 (Word version) -- Reps. Gilham, 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, 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, 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 HOUSE RESOLUTION TO COMMEND AND THANK THE HONORABLE EDITH MARTIN "EDIE" RODGERS FOR HER OUTSTANDING, DEDICATED SERVICE TO THE RESIDENTS OF BEAUFORT COUNTY AND THE STATE OF SOUTH CAROLINA AND TO WISH HER GOOD HEALTH AND MUCH HAPPINESS IN HER RETIREMENT FROM THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Whereas, Representative Edie Rodgers, who is completing her third term of office in the South Carolina House of Representatives, is not seeking reelection; and

Whereas, Representative Rodgers has served the residents of District 124 in Beaufort County with diligence and dedication since 1997; and

Whereas, throughout her tenure in the House of Representatives Edie has been a member of the House Education and Public Works Committee and her contributions and participation will be greatly missed; and

Whereas, Representative Rodgers came to serve in the General Assembly after devoting years to raising a family and after tireless years in volunteer service to her community; and

Whereas, her service in numerous volunteer organizations and her passion for the arts, history, and historical preservation have provided invaluable insight and a firm foundation for championing these and other related issues; and

Whereas, Edie's warm, genteel, and quietly determined manner has not only been a powerful tool for forming alliances and effective advocacy, but it has also won her the loyalty and respect of her colleagues; and

Whereas, the members of the House of Representatives have valued her friendship and deeply regret that Edie has chosen not to seek reelection. Her public service has been greatly appreciated and she will be sorely missed. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend and thank the Honorable Edith Martin "Edie" Rodgers for her outstanding, dedicated service to the residents of Beaufort County and the State of South Carolina and to wish her good health and much happiness in her retirement from the South Carolina House of Representatives.

Be it further resolved that a copy of this resolution be presented to Representative Rodgers.

The Resolution was adopted.

The following was introduced:

H. 5345 (Word version) -- Reps. Edge, Witherspoon, Barfield, Keegan and Kelley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE LOCATED AT THE INTERSECTION OF SC-22 AND US-701 NORTH AS THE "LIEUTENANT RANDY G. GERALD MEMORIAL BRIDGE" IN HONOR OF THIS OUTSTANDING LAW ENFORCEMENT OFFICER WHO LOST HIS LIFE IN THE LINE OF DUTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 1307 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND GERALD ROBINSON, PH.D., OF NINETY SIX, FOR HIS OUTSTANDING CAREER AND SERVICE IN THE FIELD OF EDUCATION, TO CONGRATULATE HIM FOR HIS SUCCESSES AND ACHIEVEMENTS OVER MANY YEARS AS SUPERINTENDENT OF GREENWOOD SCHOOL DISTRICT 52, AND TO WISH HIM AND HIS FAMILY EVERY SUCCESS IN THE FUTURE ON THE OCCASION OF HIS RETIREMENT.

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

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

H. 5346 (Word version) -- Reps. J. E. Smith, Lourie, Weeks, Harvin, McLeod, Davenport, Emory, Freeman, Gourdine, J. Hines, Hosey, Kirsh, Lloyd, J. M. Neal, Phillips, Sheheen, Snow and Stille: A BILL TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE PUBLIC SERVICE COMMISSION AND THEIR TERMS OF OFFICE, SO AS TO LENGTHEN THE TERMS OF CERTAIN MEMBERS OF THE COMMISSION ELECTED IN 2002 IN ORDER TO STAGGER TERMS OF MEMBERS OF THE COMMISSION; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO MEMBERS OF THE GENERAL ASSEMBLY AND FORMER MEMBERS FOR A PERIOD OF FOUR YEARS AFTER THEY CEASE TO BE MEMBERS OF THE GENERAL ASSEMBLY BEING INELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT NO FAMILY MEMBER OF A PERSON SERVING IN THE GENERAL ASSEMBLY MAY BE ELECTED TO THE PUBLIC SERVICE COMMISSION; AND BY ADDING SECTION 58-3-85 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF OF THE PUBLIC SERVICE COMMUNICATIONS INCLUDING EX PARTE COMMUNICATIONS BY THESE PERSONS.
Rep. J. E. SMITH asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. CATO objected.
Referred to Committee on Labor, Commerce and Industry

S. 1247 (Word version) -- Senator Grooms: A BILL TO DEVOLVE THE AUTHORITY TO MAKE APPOINTMENTS OR RECOMMENDATIONS TO CERTAIN OFFICES, BOARDS, AND COMMISSIONS AFFECTING ONLY COLLETON COUNTY WHICH ARE MADE BY OR UPON RECOMMENDATION OF THE HOUSE DELEGATION, SENATE DELEGATION, OR JOINT LEGISLATIVE DELEGATION OF COLLETON COUNTY TO THE GOVERNING BODY OF COLLETON COUNTY.
Referred to Colleton Delegation

The following was introduced:

H. 5347 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, 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 CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF J. L. MANN "PATRIOTS" GIRLS TRACK TEAM ON THEIR OUTSTANDING SEASON AND THEIR 2002 AAA STATE TRACK CHAMPIONSHIP AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.

The Resolution was adopted.

The following was introduced:

H. 5348 (Word version) -- Reps. Koon, Bingham, Frye, Huggins, Riser and Stuart: A CONCURRENT RESOLUTION TO COMMEND THE MANAGEMENT AND EMPLOYEES OF THE COLUMBIA METROPOLITAN AIRPORT AIR TRAFFIC CONTROL TOWER FOR THEIR DEDICATION TO AVIATION SAFETY, MAINTAINED AWARENESS, AND CONSTANT DESIRE TO PROVIDE THE VERY BEST IN SERVICE TO THE FLYING PUBLIC, AND TO CONGRATULATE THE COLUMBIA AIR TRAFFIC CONTROL TOWER FOR BEING SELECTED BY THE FEDERAL AVIATION ADMINISTRATION TO RECEIVE BOTH THE SOUTHERN REGIONAL AND THE NATIONAL LEVEL SEVEN AIR TRAFFIC FACILITY OF THE YEAR AWARDS FOR 2001.

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

The following was introduced:

H. 5349 (Word version) -- Reps. Koon, Bingham, Frye, Huggins, Riser and Stuart: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE LEXINGTON MEDICAL CENTER, ITS BOARD OF DIRECTORS AND CHIEF EXECUTIVE OFFICER, FOR HAVING THE VISION AND TENACITY IN MEETING AND EXCEEDING THE MEDICAL NEEDS OF THE CITIZENS OF LEXINGTON COUNTY AND THE MIDLANDS.

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

The following was introduced:

H. 5350 (Word version) -- Rep. Owens: A HOUSE RESOLUTION TO COMMEND MRS. DWYNELLE PRITCHARD BENNETT OF ST. GEORGE FOR HER WORK DURING THE PAST EIGHTEEN YEARS ON BEHALF OF THE WORLD GRITS FESTIVAL HELD ANNUALLY IN ST. GEORGE AS HER ASSOCIATION WITH THE FESTIVAL COMES TO A CLOSE.

The Resolution was adopted.

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

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

I came in after the roll call and was present for the Session on Tuesday, May 28.

William Clyburn                   Creighton Coleman
Jerry Govan                       Brenda Lee
Annette Young                     Becky Martin
Lonnie Hosey                      Fletcher Smith
Karl Allen                        Denny Neilson
Harry Askins                      Marty Coates
George Campsen                    Bill Cotty
Todd Rutherford                   Seth Whipper
Richard Quinn

The SPEAKER granted Rep. MACK a leave of absence for the day due to illness.

The SPEAKER granted Rep. RODGERS a leave of absence for the week due to medical reasons.

Announcement was made that Dr. Howard A. Farrell of Florence is the Doctor of the Day for the General Assembly.

Rep. MEACHAM-RICHARDSON presented to the House the Fort Mill Yellow Jackets Baseball Team, the Class AAAA State Champions, their coaches and other school officials.

Reps. HARVIN, G. M. SMITH and J. YOUNG presented to the House the Clarendon Hall Lady Saints Softball Team, the 2002 South Carolina Independent Schools Association 1A State Champions, their coaches and other school officials.

Reps. MCLEOD and HUGGINS presented to the House the Chapin High School Eagles Baseball Team, the 2002 Class AA State Champions, their coaches and other school officials.

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

H. 5319 (Word version) -- Reps. Taylor, Wilder and Carnell: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 SO AS TO PROVIDE THAT ELECTION RESULTS MUST BE DETERMINED IN ACCORDANCE WITH THE NONPARTISAN ELECTION AND RUNOFF METHOD RATHER THAN THE NONPARTISAN PLURALITY METHOD.

H. 5269 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE ARREST AND CONVICTION OF THE DEFENDANT.

Rep. DELLENEY explained the Bill.

S. 320 (Word version) -- Senators Gregory, Peeler and Drummond: A BILL TO AMEND SECTION 50-11-2300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING OF THE OPERATION GAME THIEF PROGRAM, SO AS TO PROVIDE FOR ADDITIONAL FUNDING FROM THE SALE OF OPERATION GAME THIEF PARAPHERNALIA AND TO AMEND SECTION 50-11-2310, RELATING TO PURPOSES FOR WHICH PROGRAM FUNDS MAY BE EXPENDED, SO AS TO PROVIDE FOR REWARD PAYMENTS FOR INFORMATION LEADING TO THE ARREST OF PERSONS FOR VIOLATIONS OF NATURAL RESOURCE LAWS, AND TO PROVIDE THAT PROGRAM FUNDS MAY BE EXPENDED FOR OPERATIONAL IMPROVEMENTS TO THE "PROPERTY WATCH PROGRAM", THE "COASTAL WATCH PROGRAM", AND OTHER PROGRAMS WITHIN THE OPERATION GAME THIEF PROGRAM AND TO ENHANCE PUBLIC INVOLVEMENT IN THE PROTECTION OF NATURAL RESOURCES.

Rep. OTT explained the Bill.

S. 1226 (Word version) -- Senator Land: A BILL TO REPEAL SECTION 50-11-1280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SHOOTING PRESERVES IN GAME ZONES 7 AND 9.

Rep. OTT explained the Bill.

The following Bill was taken up:

H. 5320 (Word version) -- Rep. Altman: A BILL TO AMEND ACT 369 OF 1959, AS AMENDED, RELATING TO THE ST. JOHN'S FIRE DISTRICT IN CHARLESTON COUNTY, INCLUDING PROCEDURES APPLICABLE TO CONTRACTS, BIDDING, AND PROCUREMENT, SO AS TO REVISE PROCUREMENT AND BIDDING REQUIREMENTS APPLICABLE TO THE DISTRICT.

Rep. R. BROWN moved to commit the Bill to the Charleston Delegation.

Rep. ALTMAN moved to table the motion, which was agreed to by a division vote of 4 to 1.

The Bill was read second time and ordered to third reading.

Rep. CLYBURN moved to adjourn debate upon the following Bill until Thursday, May 30, which was adopted:

S. 1275 (Word version) -- Senator Moore: A BILL TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.

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

H. 5321 (Word version) -- Reps. McLeod and Wilder: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE BOUNDARIES OF CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE DELINEATION OF CERTAIN PRECINCTS IS DESCRIBED.

Rep. FLEMING moved that upon the completion of the Ratification of Acts, the House recede until 2:30 p.m., which was agreed to.

At 1:00 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R374, S. 996 (Word version)) -- Senators Courson, Drummond, Hayes, Alexander, Anderson, Bauer, Branton, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, 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.

(R375, S. 1167 (Word version)) -- Senators Pinckney and Richardson: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLES 35 AND 36, SO AS TO PROVIDE FOR THE ISSUANCE OF "PENN CENTER" SPECIAL LICENSE PLATES, AND "SOUTH CAROLINA NURSES" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF BOTH SPECIAL LICENSE PLATES.

(R376, H. 3286 (Word version)) -- Rep. Davenport: AN ACT TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS OF ONE HUNDRED DOLLARS OR LESS FROM TWENTY-FIVE DOLLARS TO THIRTY DOLLARS.

(R377, H. 3473 (Word version)) -- Reps. J.R. Smith, Neilson, Rodgers, Webb, Keegan, Barfield, Gilham, Miller, Cato, Clyburn, Perry, Rice, Robinson, Sharpe and D.C. Smith: AN ACT TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 19 SO AS TO RENAME THE AIKEN COUNTY COMMISSION FOR TECHNICAL EDUCATION AS THE AIKEN COUNTY COMMISSION FOR TECHNICAL AND COMPREHENSIVE EDUCATION; TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, AS AMENDED, 59-53-510, 59-53-515, 59-53-710, 59-53-810, AS AMENDED, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS, CONFORM THE PROVISIONS TO LATER ENACTMENTS, CHANGE THE MANNER IN WHICH MEMBERS OF THE AREA COMMISSION FOR TRIDENT TECHNICAL COLLEGE FROM BERKELEY COUNTY ARE RECOMMENDED FOR APPOINTMENT, DELETE OBSOLETE PROVISIONS, AND MAKE GRAMMATICAL CHANGES.

(R378, H. 3640 (Word version)) -- Rep. Rice: AN ACT TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF "C" FUND GASOLINE TAX REVENUES TO COUNTIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE FOR THE DISTRIBUTION OF EARNINGS ON THE COUNTY TRANSPORTATION FUND, RAISE FROM ONE TO TWO THOUSAND DOLLARS THE AMOUNT WHICH MAY BE USED FOR THE EXPENSES OF THE COUNTY TRANSPORTATION COMMITTEE, CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION ADMINISTERS ALL FUNDS EXPENDED ON THE STATE HIGHWAY SYSTEM EXCEPT WHERE THE DEPARTMENT OF TRANSPORTATION HAS GIVEN EXPLICIT AUTHORITY TO ADMINISTER THESE FUNDS TO SOME OTHER JURISDICTION OR AGENT ACTING ON BEHALF OF THE COUNTY TRANSPORTATION COMMITTEE, REQUIRE THE TWENTY-FIVE PERCENT OF A COUNTY'S "C" FUNDS WHICH MUST BE USED ON THE STATE HIGHWAY SYSTEM TO BE BASED ON A BIENNIAL AVERAGING OF EXPENDITURES, CLARIFY THE USE OF "C" FUND REVENUES, ELIMINATE BID PREFERENCES NOT REQUIRED BY STATE OR FEDERAL LAW FOR COUNTIES ADMINISTERING THEIR OWN "C" FUNDS, TO LIMIT UNCOMMITTED "C" FUNDS WHICH MAY BE CARRIED FORWARD TO THREE HUNDRED PERCENT OF A COUNTY'S MOST RECENT APPORTIONMENT AND TO DEFINE UNCOMMITTED FUNDS, GIVE THE DEPARTMENT OF TRANSPORTATION AUTHORITY TO ENSURE "C" FUND COMPLIANCE PROVISIONS BY WITHHOLDING OF "C" FUND ALLOCATIONS AND FORFEITURE OF FIFTY PERCENT OF ALLOCATIONS, AND TO PROVIDE FOR APPEALS OF SUCH WITHHOLDING OR FORFEITURE.

(R379, H. 3749 (Word version)) -- Reps. J.E. Smith and Weeks: AN ACT TO PROVIDE FOR AN ADDITIONAL CLAIMS REPRESENTATIVE IN THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, TO SPECIALIZE IN THE SPECIFIC NEEDS AND DISEASES ASSOCIATED WITH VETERANS OF THE VIETNAM ERA, TO REPRESENT THE DIVISION OF VETERANS AFFAIRS ON THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND ON THE HEPATITIS C COALITION ESTABLISHED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO ASSIST THE DIVISION OF VETERANS AFFAIRS IN CARRYING OUT ITS DUTIES IN CONNECTION WITH THE AGENT ORANGE INFORMATION AND ASSISTANCE PROGRAM, TO REPRESENT THE DIRECTOR IN CONNECTION WITH FUNCTIONS RELATING TO VIETNAM VETERANS, AND TO PERFORM OTHER DUTIES AS ASSIGNED.

(R380, H. 3905 (Word version)) -- Reps. Whipper, Altman, R. Brown, Campsen, Carnell, Cobb-Hunter, Harvin, Kelley and Koon: AN ACT 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, MAGISTRATE'S COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD; AND TO AMEND SECTION 22-5-530, RELATING TO AN ACCUSED TO BE TRIED BEFORE A MAGISTRATE BEING ENTITLED TO DEPOSIT MONEY IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON HELD OR INCARCERATED IN A JAIL OR DETENTION CENTER WHO IS ENTITLED TO DEPOSIT A SUM OF MONEY IN LIEU OF ENTERING INTO RECOGNIZANCE UNDER THIS SECTION MAY SECURE HIS IMMEDIATE RELEASE FROM CUSTODY BY PAYING TO OR DEPOSITING THE SUM OF MONEY REQUIRED BY THIS SECTION WITH THE JAIL OR DETENTION FACILITY IN WHICH HE IS BEING HELD, AND TO PROVIDE THAT MONEY PAID TO A JAIL OR DETENTION FACILITY UNDER THE AUTHORITY OF THIS SECTION IS DEEMED PAID TO THE MAGISTRATE OR MUNICIPAL JUDGE IN LIEU OF ENTERING INTO RECOGNIZANCE AND MUST BE ACCOUNTED FOR AND PAID OVER TO THE MAGISTRATE OR MUNICIPAL JUDGE BY THE JAIL OR DETENTION FACILITY FOR DISPOSITION ACCORDING TO LAW.

(R381, H. 3959 (Word version)) -- Reps. Rodgers, Simrill, Gilham, Hosey, Owens, Sinclair, G.M. Smith, Stille, Talley and Weeks: AN ACT TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES MAY USE A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE TO ATTEND ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER'S LICENSE; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR EITHER HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION OR FOR OPERATING A VEHICLE WITH CERTAIN UNLAWFUL ALCOHOL CONCENTRATIONS, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE SPECIAL RESTRICTED DRIVER'S LICENSE WHOSE SUSPENSION IS UPHELD AT AN ADMINISTRATIVE HEARING SHALL PERMIT THE HOLDER OF THE DRIVER'S LICENSE TO DRIVE TO AND FROM HIS ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES, TO REVISE THE CONDITIONS UPON WHICH A SPECIAL RESTRICTED DRIVER'S LICENSE MAY BE ISSUED, TO PROVIDE THAT A HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE WHOSE STATUS OF ATTENDANCE OF ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES HAS CHANGED, MUST REPORT THE CHANGE IN STATUS TO THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE THAT A SPECIAL RESTRICTED DRIVER'S LICENSE ISSUED TO A PERSON WHO DOES NOT REQUEST AN ADMINISTRATIVE HEARING SHALL PERMIT THE DRIVER'S LICENSE HOLDER TO DRIVE TO AND FROM HIS PLACE OF EDUCATION, IN THE COURSE OF HIS EMPLOYMENT OR EDUCATION, AND TO AND FROM HIS ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES; AND TO AMEND SECTION 56-5-2780, RELATING TO PENALTIES THAT MAY BE IMPOSED UPON A PERSON WHO UNLAWFULLY MEETS OR PASSES A SCHOOL BUS, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THIS PROVISION MAY BE TRIED IN MAGISTRATE'S COURT.

(R382, H. 4260 (Word version)) -- Reps. Sharpe and Ott: AN ACT TO AMEND CHAPTER 5, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE DEFINITIONS AND ADD NEW DEFINITIONS, TO PROHIBIT THE SALE OF OFFSPRING BORN TO A CARNIVORE OR OTHER ANIMAL CROSSBRED WITH A WILD CARNIVORE, TO RESTRICT PUBLIC EXHIBITIONS OF WILD CARNIVORES AND OTHER ANIMALS FOR WHICH A RABIES VACCINE DOES NOT EXIST, TO REVISE RABIES REPORTING REQUIREMENTS, TO CHANGE THE TIME WITHIN WHICH A PHYSICIAN IS REQUIRED TO REPORT AN ANIMAL BITE FROM TWELVE HOURS TO THE NEXT WORKING DAY, TO REVISE QUARANTINE REQUIREMENTS, AND TO REVISE THE PUNISHMENT FOR CHAPTER VIOLATIONS TO THE MAXIMUM PENALTIES.

(R383, H. 4386 (Word version)) -- Reps. Witherspoon, Littlejohn, W.D. Smith, Vaughn, Altman, Walker and Knotts: AN ACT TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, OR LEGALLY BLIND, AND THE ACCOMPANYING FOUR PERCENT ASSESSMENT RATIO APPLICABLE TO SUCH A HOMESTEAD FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED TAXPAYER IS DEEMED THE AGENT OF THE DECEASED TAXPAYER FOR ALL PURPOSES OF APPLYING FOR THE ASSESSMENT RATIO AND EXEMPTION AND ANY CLAIM FOR REFUND ARISING THEREUNDER, TO CLARIFY THAT A REFUND MAY BE CLAIMED FOR THE PRECEDING TAX YEAR WHEN A TAXPAYER OVERPAYING A RESIDENCE ASSESSMENT AT FOUR PERCENT FAILED TO APPLY FOR THE HOMESTEAD EXEMPTION AND TO ALLOW THESE APPLICATIONS AND CLAIMS FOR REFUND FOR PROPERTY TAX YEARS BEGINNING AFTER 2000.

(R384, H. 4514 (Word version)) -- Reps. McGee, Knotts, Bingham, Coates, Koon, Lourie and Whatley: AN ACT TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION, THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING AS A MEMBER OF THE NATIONAL GUARD, THE STATE GUARD, OR A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLUS NINETY DAYS; AND TO AMEND SECTION 23-6-445, RELATING TO CERTIFICATES AS A LAW ENFORCEMENT OFFICER BEING ISSUED TO CERTAIN RETIRED LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT A RETIRED SOUTH CAROLINA OR FEDERAL LAW ENFORCEMENT OFFICER WHO MEETS CERTAIN QUALIFICATIONS MUST BE ISSUED A CERTIFICATE AUTHORIZING HIM TO SERVE AS A CERTIFIED LAW ENFORCEMENT OFFICER.

(R385, H. 4516 (Word version)) -- Reps. Sharpe, Witherspoon and Ott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 120 OF 2001, RELATING TO ESTABLISHMENT OF A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL, SO AS TO EXTEND THE THREE-YEAR PILOT PROJECT TO SIX YEARS AND PROVIDE THAT UNTIL JULY 1, 2007, ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL.

(R386, H. 4701 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTIONS 59-121-310, 59-121-350, AND 59-121-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITADEL ATHLETIC FACILITIES BONDS AND THE REVENUE WHICH THE CITADEL MAY PLEDGE AS SECURITY FOR THESE BONDS, SO AS TO CLARIFY THAT THE CITADEL MAY PLEDGE THE PROCEEDS OF THE ADMISSIONS FEES AND THE SPECIAL STUDENT FEES AS SECURITY FOR THESE BONDS WITHOUT PLEDGING THE REVENUE DERIVED FROM THE OPERATION OF THE ATHLETIC DEPARTMENT, AND TO MAKE TECHNICAL CORRECTIONS.

(R387, H. 4852 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH RESPECT TO INSURANCE IN TITLE 38, SO AS TO EXPAND THE MEANING OF "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THIS REQUIREMENT.

(R388, H. 4879 (Word version)) -- Ways and Means Committee: AN ACT TO ENACT THE "BUDGET PROVISO CODIFICATION ACT" BY REPEALING SECTION 59-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, REQUIRING FUNDING EQUAL TO THE 1994-95 APPROPRIATION TO BE APPROPRIATED TO THE DEPARTMENT OF EDUCATION ANNUALLY TO OFFSET ANY REDUCTION SUFFERED BY SCHOOL DISTRICTS DUE TO A CHANGE IN THE DISTRIBUTION OF EMPLOYEE CONTRIBUTION FUNDS; BY ADDING SECTION 59-1-455 SO AS TO PROVIDE FOR THE USE OF LAPSED FUNDS IN THE EVENT OF AN EIA REVENUE SHORTFALL AND THE ORDER IN WHICH THE LAPSED FUNDS ARE APPLIED FOR EIA PURPOSES, TO PROVIDE THAT LAPSED FUNDS REMAINING AFTER EIA PURPOSES ARE FUNDED MUST BE DISTRIBUTED TO SCHOOL DISTRICTS FOR FUNDING OF SCHOOL BUILDINGS, AND TO EXEMPT EIA APPROPRIATIONS FOR TEACHER SALARIES AND RELATED FRINGE BENEFITS FROM REDUCTIONS ORDERED TO OFFSET AN OFFICIAL EIA REVENUE SHORTFALL; BY ADDING SECTION 59-5-71 SO AS TO ESTABLISH A TASK FORCE TO MAKE RECOMMENDATIONS ON A UNIFORM SCHOOL TERM BEGINNING DATE; BY ADDING SECTION 59-103-55 SO AS TO REQUIRE STATE-SUPPORTED PUBLIC FOUR-YEAR CAMPUSES OF INSTITUTIONS OF HIGHER EDUCATION TO HAVE EQUAL REPRESENTATION ON ALL COUNCILS, COMMITTEES, ADVISORY GROUPS, AND TASK FORCES OF THE COMMISSION ON HIGHER EDUCATION AND TO REQUIRE INDEPENDENT FOUR-YEAR COLLEGES TO HAVE REPRESENTATION ON COMMITTEES AND COMMISSIONS DEALING WITH HIGHER EDUCATION STATEWIDE ISSUES; BY ADDING SECTION 59-112-110, SO AS TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA'S AIKEN CAMPUS AND AIKEN TECHNICAL COLLEGE MAY OFFER IN-STATE TUITION TO A STUDENT WHOSE LEGAL RESIDENCE IS IN THE RICHMOND AND COLUMBIA COUNTY AREAS OF GEORGIA UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 59-103-162 SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION SHALL REVIEW ANNUALLY THE ACTIVITIES OF THE SOUTH CAROLINA MANUFACTURING EXTENSION PARTNERSHIP, MAKE A BUDGET RECOMMENDATION TO THE GENERAL ASSEMBLY, AND COORDINATE THE ALLOCATION OF FUNDS AMONG EACH PARTICIPATING INSTITUTION, TO PROVIDE FOR THE USE OF CERTAIN FUNDS APPROPRIATED TO THE UNIVERSITY OF SOUTH CAROLINA - COLUMBIA, AND TO PROVIDE THAT THE COMMISSION SHALL REVIEW THE MEMBERSHIP OF THE SOUTH CAROLINA MANUFACTURING EXTENSION PARTNERSHIP BOARD TO ENSURE APPROPRIATE REPRESENTATION OF EACH PARTICIPATING INSTITUTION; TO AMEND SECTION 59-29-190, RELATING TO A SCHOOL DISTRICT OFFERING ADVANCED PLACEMENT COURSES FOR ACADEMICALLY TALENTED STUDENTS, SO AS TO PROVIDE THAT A STUDENT WHO SUCCESSFULLY COMPLETES THE ADVANCED PLACEMENT REQUIREMENTS FOR A COURSE AND WHO RECEIVES A SCORE OF THREE OR HIGHER ON THE ADVANCED PLACEMENT EXAM SHALL RECEIVE ADVANCED PLACEMENT CREDIT IN EACH POST-SECONDARY PUBLIC COLLEGE IN THIS STATE IN A CERTAIN MANNER; TO AMEND CHAPTER 101, TITLE 59, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-345 SO AS TO PROVIDE THAT, IN INSTANCES WHERE THE EQUAL DIVISION OF APPROPRIATED FUNDS BETWEEN NEED-BASED GRANTS AND THE PALMETTO FELLOWS PROGRAM EXCEEDS THE CAPACITY TO MAKE AWARDS IN EITHER PROGRAM, THE COMMISSION ON HIGHER EDUCATION HAS THE AUTHORITY TO REALLOCATE REMAINING FUNDS BETWEEN THE TWO PROGRAMS; AND TO PROVIDE THAT PUBLIC AND INDEPENDENT HIGHER EDUCATION INSTITUTIONS MUST GIVE FIRST PRIORITY FOR NEED-BASED GRANTS TO CHILDREN AND YOUNG ADULTS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 59-112-70, RELATING TO ABATEMENT OF TUITION RATES FOR NONRESIDENTS ON SCHOLARSHIP, SO AS TO PROVIDE THAT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS MAY WAIVE THE NONRESIDENT PORTION OF TUITION AND FEES FOR CERTAIN STUDENTS PARTICIPATING IN INTERNATIONAL SISTER-STATE AGREEMENT PROGRAMS ON A RECIPROCITY BASIS; TO AMEND SECTION 59-112-60, RELATING TO FACULTY AND ADMINISTRATIVE EMPLOYEES OF COLLEGES AND UNIVERSITIES, SO AS TO PROVIDE THAT EMPLOYEES OF PUBLIC COLLEGES, UNIVERSITIES, AND TECHNICAL COLLEGES MAY ATTEND CLASSES AT INSTITUTIONS OF HIGHER LEARNING AND RECEIVE TUITION ASSISTANCE IN ACCORDANCE WITH BUDGET AND CONTROL BOARD GUIDELINES AND REGULATIONS; TO AMEND SECTION 40-43-83, AS AMENDED, RELATING TO REQUIREMENTS THAT A FACILITY DISPENSING PRESCRIPTION DRUGS AND DEVICES MUST HAVE A PERMIT ISSUED BY THE BOARD OF PHARMACY AND MUST HAVE A PHARMACIST IN CHARGE, SO AS TO EXEMPT COLLEGE AND UNIVERSITY ATHLETIC DEPARTMENTS FROM THESE REQUIREMENTS; AND TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO VARIOUS REQUIREMENTS FOR PHARMACIES, INCLUDING THE REQUIREMENT THAT A PHARMACY MAY NOT OPERATE WITHOUT A PHARMACIST-IN-CHARGE WHO MUST BE PHYSICALLY PRESENT AND THAT A PERSON MAY NOT SERVE AS THE PHARMACIST-IN-CHARGE FOR MORE THAN ONE PHARMACY AT ONE TIME, SO AS TO EXEMPT COLLEGE AND UNIVERSITY ATHLETIC DEPARTMENT PHARMACIES; TO AMEND SECTION 59-149-10, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2002-2003, ELIGIBLE RESIDENT STUDENTS ATTENDING TWO-YEAR INDEPENDENT INSTITUTIONS MAY NOT RECEIVE AN ANNUAL LIFE SCHOLARSHIP OF MORE THAN THE MAXIMUM COST OF TUITION AT TWO-YEAR REGIONAL PUBLIC INSTITUTIONS FOR THIRTY CREDIT HOURS A YEAR OR ITS EQUIVALENT; BY ADDING SECTION 59-103-200 SO AS TO PROVIDE THAT UPON APPROVAL BY THE MEMBERS OF THE COMMISSION ON HIGHER EDUCATION, THE AGENCY MAY REMOVE CERTAIN RECORD AND NONRECORD MATERIALS FROM ITS COLLECTIONS BY GIFT TO ANOTHER PUBLIC OR NONPROFIT INSTITUTION OR BY SALE AT PUBLIC AUCTION UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-21-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL RECEIVE A HEARING FEE UNDER A PLAN APPROVED BY THE BUDGET AND CONTROL BOARD; BY ADDING SECTION 24-21-85 SO AS TO PROVIDE THAT EVERY PERSON PLACED ON ELECTRONIC MONITORING BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST BE ASSESSED A FEE, AND TO PROVIDE THE CONDITIONS UNDER WHICH THE FEE IS PAID AND RETAINED BY THE DEPARTMENT; TO AMEND SECTION 24-21-490, RELATING TO COLLECTION AND DISTRIBUTION OF RESTITUTION BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY RETAIN THE COLLECTION FEES AND CARRY FORWARD UNEXPENDED FUNDS FOR THE PURPOSE OF COLLECTING AND DISTRIBUTING RESTITUTION; BY ADDING SECTION 24-21-235 SO AS TO AUTHORIZE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO ISSUE DUTY CLOTHING FOR THE USE OF DEPARTMENT EMPLOYEES; BY ADDING SECTION 24-21-237 SO AS TO PROVIDE THAT MEALS MAY BE PROVIDED TO EMPLOYEES OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND PROVIDE THE CIRCUMSTANCES WHEN MEALS MAY BE PROVIDED; TO AMEND SECTION 17-25-324, RELATING TO RESTITUTION TO SECONDARY VICTIMS AND THIRD-PARTY PAYEES AND RESTITUTION CENTER BEDS, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MAINTAIN A MINIMUM OF TWELVE RESTITUTION CENTER BEDS FOR EVERY TWO THOUSAND FIVE HUNDRED OFFENDERS; TO AMEND SECTION 51-1-40, AS AMENDED, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO IMPOSE AND RETAIN A REASONABLE CHARGE FOR ADMISSION FOR PARKS AND RECREATIONAL FACILITIES, SO AS TO ALLOW THE DEPARTMENT TO IMPOSE A FEE FOR VACATION GUIDES, RESEARCH REPORTS, CONFERENCES, TECHNICAL ASSISTANCE, DRAWINGS, AND MAILING LISTS AND PROVIDE FOR THE DISPOSITION OF THE REVENUE AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUES OF THE GIFT SHOP OPERATED BY THE DEPARTMENT AT THE BOYLESTON HOUSE; AND TO AMEND SECTION 51-3-90, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO SELL, EXCHANGE, OR LEASE LAND UNDER ITS JURISDICTION, SO AS TO ALLOW THE DEPARTMENT TO RETAIN FUNDS DERIVED FROM THE SALE OF STATE PARK PROPERTY AND CREDIT THE FUNDS TO THE RECREATION LAND TRUST FUND; BY ADDING SECTION 2-3-225 SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE IS AUTHORIZED TO REIMBURSE TRAVEL AND OTHER EXPENSES INCURRED BY EMPLOYEES OF THE HOUSE OF REPRESENTATIVES FOR OFFICIAL BUSINESS IN ACCORDANCE WITH APPLICABLE POLICIES AND REGULATIONS; BY ADDING SECTION 2-3-65 SO AS TO PROVIDE THAT ALL VOUCHERS FOR THE PAYMENT OF THE EXPENSES OR COMPENSATION, OR BOTH, OF THE GENERAL ASSEMBLY MUST BE PREPARED BY THE CLERKS OF THE TWO HOUSES OF THE GENERAL ASSEMBLY AND TO AUTHORIZE THE CLERKS OF THE TWO HOUSES AND THE LEGISLATIVE COUNCIL, SUBJECT TO APPROVAL, TO ISSUE WARRANTS ON APPROVED ACCOUNTS FOR NECESSARY EXTRA CLERICAL OR OTHER SERVICES; BY ADDING SECTION 2-3-67 SO AS TO PROVIDE THAT THE CLERKS OF THE SENATE AND THE HOUSE SHALL HAVE INSTALLED A TELEPHONE SERVICE TO BE USED BY THE MEMBERSHIP AND PRESIDING OFFICERS OF THE TWO HOUSES OF THE GENERAL ASSEMBLY; BY ADDING SECTION 2-3-155 SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT THE EXECUTIVE DIRECTOR OF RESEARCH AND THE DIRECTORS OF RESEARCH FOR EACH STANDING COMMITTEE WITH THE ADVICE AND CONSENT OF THE CHAIRMAN OF EACH STANDING COMMITTEE AND TO PROVIDE FOR THE APPOINTMENT AND PAY OF TEMPORARY OR PERMANENT HOUSE RESEARCH ASSISTANTS; BY ADDING SECTION 2-3-105 SO AS TO PROVIDE FOR THE DUTIES OF THE SERGEANTS AT ARMS AND DIRECTORS OF SECURITY OF THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY; BY ADDING SECTION 10-1-45, SO AS TO PROVIDE THAT ANY IMPROVEMENTS AND ADDITIONS TO THE STATE HOUSE MUST BE RECOMMENDED OR APPROVED BY THE STATE HOUSE COMMITTEE OF THE GENERAL ASSEMBLY AND REQUIRE THAT BIDDING, EXECUTING, AND CARRYING OUT OF CONTRACTS MUST BE IN ACCORDANCE WITH STANDING REGULATIONS AND PROCEDURES FOR OTHER WORK OF THE SAME TYPE APPLICABLE TO AGENCIES AND INSTITUTIONS OF STATE GOVERNMENT; BY ADDING SECTION 2-3-235 SO AS TO PROVIDE FOR ANNUAL LEAVE AND INSURANCE FOR NURSING PERSONNEL STAFFING THE STATE HOUSE AND THE L. MARION GRESSETTE SENATE OFFICE BUILDING; TO AMEND SECTION 2-7-80, RELATING TO PRINTING AND FURNISHING OF COPIES OF STATEWIDE AND LOCAL ACTS, SO AS TO REQUIRE THAT ONLY ONE COPY OF A PRINTED STATEWIDE ACT BE FURNISHED TO EACH COUNTY CLERK OF COURT AND COUNTY GOVERNING BODY; BY ADDING SECTION 8-11-198, SO AS TO PROHIBIT PAYMENT OF PER DIEM TO A PUBLIC OFFICER OR EMPLOYEE FROM MORE THAN ONE SOURCE IN ANY CALENDAR DAY; BY ADDING SECTION 2-3-175, SO AS TO PROHIBIT FULL-TIME EMPLOYEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE FROM ENGAGING IN OUTSIDE EMPLOYMENT DURING WORKING HOURS EXCEPT WITH PERMISSION AND TO REQUIRE THE EMPLOYEE TO TAKE ANNUAL LEAVE; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX SO AS TO EXEMPT FROM TAXATION COPIES OF OR ACCESS TO LEGISLATION AND OTHER INFORMATIONAL DOCUMENTS PROVIDED TO THE GENERAL PUBLIC BY A LEGISLATIVE AGENCY; TO AMEND CHAPTER 3, TITLE 2, RELATING TO ORGANIZATION AND COMPENSATION OF MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY, BY ADDING SECTION 2-3-45 SO AS TO PROVIDE THAT A MEMBER OF THE HOUSE OF REPRESENTATIVES WHO DOES NOT USE ALL OF HIS ANNUAL ALLOCATION FOR POSTAGE OR TELEPHONE EXPENSES MAY USE REMAINING FUNDS IN ONE CATEGORY IN THE OTHER CATEGORY DURING THAT YEAR; TO AMEND SECTION 2-3-170, RELATING TO COMPENSATION OF OFFICERS AND EMPLOYEES OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MUST AUTHORIZE AND ALLOCATE ANY BASE PAY INCREASE, MERIT PAY, OR BONUS AMONG THE STAFF OF THE HOUSE OF REPRESENTATIVES; BY ADDING SECTION 2-1-220 SO AS TO EXEMPT EACH HOUSE OF THE GENERAL ASSEMBLY FROM LAWS OR REGULATIONS REQUIRING APPROVAL BY THE STATE BUDGET AND CONTROL BOARD OR OTHER EXECUTIVE BRANCH AGENCY FOR THE EXPENDITURE, MANAGEMENT, OR TRANSFER OF LEGISLATIVE BRANCH APPROPRIATIONS; BY ADDING SECTION 2-3-27 SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW AND NOT PARDONED MAY NOT RECEIVE COMPENSATION OR EXPENSES OTHERWISE PAID MEMBERS OF THE GENERAL ASSEMBLY; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY SYSTEMS; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER; TO AMEND SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS; TO AMEND SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE; AND TO AMEND SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC REFERENCES; BY ADDING SECTION 1-5-50 SO AS TO AUTHORIZE THE SECRETARY OF STATE TO ESTABLISH AND COLLECT FEES, INCLUDING DEPOSITS, FOR SEARCHING OR COPYING RECORDS AND RETAIN THE FEES TO DEFRAY OFFICE EXPENSES; BY ADDING SECTION 1-5-60 SO AS TO ALLOW THE SECRETARY OF STATE TO ESTABLISH, COLLECT, AND RETAIN FEES FOR DISHONORED CHECKS AND USE THE RETAINED FEES TO DEFRAY EXPENSES OF COLLECTING THE CHECKS AND TO PROVIDE THAT THESE RETAINED DISHONORED CHECK FEES MAY BE CARRIED FORWARD TO THE SUCCEEDING FISCAL YEAR AND USED FOR THE SAME PURPOSES; BY ADDING SECTION 11-3-175 SO AS TO PROVIDE FOR THE CONSOLIDATION OF ACCOUNTS OF LUMP SUM AGENCIES BY THE COMPTROLLER GENERAL FOR PROPER ACCOUNTING AND FACILITATED REPORTING; BY ADDING SECTION 1-11-225 SO AS TO PROVIDE THAT THE DIVISION OF OPERATIONS OF THE STATE BUDGET AND CONTROL BOARD ESTABLISH A COST ALLOCATION PLAN TO RECOVER THE OPERATING COSTS AND MANAGE FUNDS TO ENSURE THE ADMINISTRATION OF THE STATEWIDE FLEET MANAGEMENT PROGRAM; TO AMEND SECTION 11-9-820, AS AMENDED, RELATING TO MEMBERSHIP, STAFFING, AND REPORTING OF THE BOARD OF ECONOMIC ADVISORS, SO AS TO PROVIDE FOR THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO SERVE EX OFFICIO, TO PROVIDE THAT THE BOARD IS A PUBLIC BODY FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, AND TO REQUIRE THAT THE DEPARTMENT OF COMMERCE AND DEPARTMENT OF REVENUE PROVIDE CERTAIN REPORTS, LISTS, MAGNETIC TAPES, AND OTHER DATA TO THE BOARD BY NOVEMBER TENTH OF EACH YEAR; TO AMEND CHAPTER 11, TITLE 1, RELATING TO THE STATE BUDGET AND CONTROL BOARD BY ADDING ARTICLE 7 "CONFEDERATE RELICS" SO AS TO REQUIRE THE DIRECTOR OF THE CONFEDERATE RELIC ROOM TO BE APPOINTED BY THE DIRECTOR OF THE BUDGET AND CONTROL BOARD AFTER CONSULTATION WITH THE SOUTH CAROLINA DIVISION COMMANDER OF THE SONS OF THE CONFEDERATE VETERANS AND THE PRESIDENT OF THE SOUTH CAROLINA CHAPTER OF THE UNITED DAUGHTERS OF THE CONFEDERACY; TO AUTHORIZE THE CONFEDERATE RELIC ROOM TO SUPPLEMENT STATE FUNDS WITH DONATIONS AND FEES AND TO EXPEND THESE FUNDS FOR OPERATIONS AND FOR THE RESTORATION, PRESERVATION, AND DISPLAY OF ITS COLLECTION, AND TO RETAIN AND EXPEND FEES RECEIVED FOR PROVIDING CERTAIN SERVICES AND FROM THE SALE OF PROMOTIONAL ITEMS; AND TO PROHIBIT ARTIFACTS OWNED BY THE STATE IN THE COLLECTIONS OF THE RELIC ROOM FROM BEING PERMANENTLY REMOVED OR DISPOSED OF EXCEPT BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-57 SO AS TO PROVIDE THAT WHEN THE GOVERNOR DECLARES AN EMERGENCY OR ORDERS STATE OFFICES CLOSED DUE TO HAZARDOUS WEATHER HE MAY AUTHORIZE LEAVE WITH PAY FOR STATE EMPLOYEES WHO ARE ABSENT FROM WORK DUE TO THE EMERGENCY OR CONDITIONS CAUSED BY HAZARDOUS WEATHER; BY ADDING SECTIONS 9-1-1870 AND 9-11-315 SO AS TO PROVIDE THAT RETIREES AND BENEFICIARIES UNDER THE STATE RETIREMENT SYSTEMS AND THE POLICE OFFICERS RETIREMENT SYSTEM RECEIVING MEDICAID (TITLE XIX) SPONSORED NURSING HOME CARE AS OF JUNE THIRTIETH OF THE PRIOR FISCAL YEAR SHALL RECEIVE NO INCREASE IN RETIREMENT BENEFITS DURING THE CURRENT FISCAL YEAR; HOWEVER, A RETIRED EMPLOYEE AFFECTED BY THE ABOVE PROHIBITION MAY RECEIVE THE SCHEDULED INCREASE IF HE IS DISCHARGED FROM THE NURSING HOME AND DOES NOT REQUIRE ADMISSION TO A HOSPITAL OR NURSING HOME WITHIN SIX MONTHS; BY ADDING SECTION 9-1-1350 SO AS TO PROVIDE THAT NOTWITHSTANDING THE AMOUNTS ANNUALLY APPROPRIATED AS "STATE EMPLOYER CONTRIBUTIONS," THE STATE TREASURER AND COMPTROLLER GENERAL ARE AUTHORIZED AND DIRECTED TO TRANSFER FROM THE GENERAL FUND OF THE STATE TO THE PROPER RETIREMENT SYSTEM ACCOUNTS, MONTH BY MONTH, DURING THE CURRENT FISCAL YEAR, SUCH FUNDS AS ARE NECESSARY TO COMPLY WITH THE TERMS OF THE RETIREMENT ACT AS AMENDED, WITH RESPECT TO CONTRIBUTIONS BY THE STATE OF SOUTH CAROLINA TO THE RETIREMENT SYSTEM; BY ADDING SECTIONS 11-7-35 AND 11-7-40 SO AS TO PROVIDE THE STATE AUDITOR AND HIS DESIGNEES ACCESS TO STATE AGENCY RECORDS AND FACILITIES AND ACCESS TO PRIVATE ENTITIES RECEIVING STATE APPROPRIATED REVENUE FOR AUDIT PURPOSES AND TO PROVIDE FOR THE CONFIDENTIALITY OF THESE RECORDS WHILE UNDER REVIEW BY THE STATE AUDITOR AND FOR THE CONFIDENTIALITY OF AUDIT WORKING PAPERS AND MEMORANDA, AND TO PROVIDE FOR MONTHLY BILLING BY THE STATE AUDITOR OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR AUDIT COSTS AND THE DISPOSITION OF THE REVENUE OF THESE BILLINGS; BY ADDING SECTION 8-11-194 SO AS TO PROVIDE THAT ANY AGENCY OF THE STATE GOVERNMENT WHOSE OPERATIONS ARE COVERED BY FUNDS FROM OTHER THAN GENERAL FUND APPROPRIATIONS MUST PAY FROM SUCH OTHER SOURCES A PROPORTIONATE SHARE OF THE EMPLOYER COSTS OF RETIREMENT, SOCIAL SECURITY, WORKERS' COMPENSATION INSURANCE, UNEMPLOYMENT COMPENSATION INSURANCE, HEALTH AND OTHER INSURANCE FOR ACTIVE AND RETIRED EMPLOYEES, AND ANY OTHER EMPLOYER CONTRIBUTIONS PROVIDED BY THE STATE FOR THE AGENCY'S EMPLOYEES; BY ADDING SECTION 41-31-820 SO AS TO PROVIDE THAT UNEMPLOYMENT COMPENSATION PREMIUMS COLLECTED FROM STATE AGENCIES WILL BE DEPOSITED INTO A SEPARATE ACCOUNT AND WILL BE BASED ON EXPERIENCE RATINGS PROVIDED BY PRIVATE CONSULTANTS AND THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE UNEMPLOYMENT COMPENSATION FUND MUST BE REVIEWED ON AT LEAST A BIENNIAL BASIS, TO PROVIDE THAT ALL INTEREST EARNED ON THE ACCOUNT MUST BE RETAINED BY THE UNEMPLOYMENT COMPENSATION FUND TO OFFSET COSTS, TO AUTHORIZE AND DIRECT THE STATE TREASURER AND COMPTROLLER GENERAL TO PAY FROM THE GENERAL FUND TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION SUFFICIENT FUNDS TO COVER ACTUAL BENEFIT CLAIMS PAID DURING THE CURRENT FISCAL YEAR WHICH EXCEED THE AMOUNTS PAID IN FOR THIS PURPOSE, TO DIRECT THE EMPLOYMENT SECURITY COMMISSION TO CERTIFY QUARTERLY TO THE BUDGET AND CONTROL BOARD THE STATE'S LIABILITY FOR THOSE CLAIMS ACTUALLY PAID, AND TO PROVIDE THAT THE CERTIFIED AMOUNT MUST BE REMITTED TO THE EMPLOYMENT SECURITY COMMISSION; BY ADDING SECTION 42-7-210 SO AS TO AUTHORIZE AND DIRECT THE STATE TREASURER AND COMPTROLLER GENERAL TO PAY FROM THE GENERAL FUND OF THE STATE TO THE STATE ACCIDENT FUND SUFFICIENT FUNDS TO COVER ACTUAL BENEFIT CLAIMS PAID AND EXPENSES RELATING TO THE OPERATIONS OF THE AGENCY DURING THE CURRENT FISCAL YEAR WHICH EXCEED THE ACCOUNTS PAID IN FOR THIS PURPOSE, TO DIRECT THE STATE ACCIDENT FUND TO CERTIFY QUARTERLY TO THE BUDGET AND CONTROL BOARD THE STATE'S LIABILITY FOR THOSE CLAIMS ACTUALLY PAID, AND TO PROVIDE THAT THE CERTIFIED AMOUNT MUST BE REMITTED TO THE STATE ACCIDENT FUND; BY ADDING SECTION 11-11-325 SO AS TO PROVIDE THAT IF THE BOARD OF ECONOMIC ADVISORS REVENUE FORECAST TO THE BUDGET AND CONTROL BOARD AT ANY TIME DURING THE CURRENT FISCAL YEAR PROJECTS THAT REVENUES FOR THE CURRENT FISCAL YEAR WILL BE LESS THAN APPROPRIATED EXPENDITURES FOR THE YEAR, THE BUDGET AND CONTROL BOARD IN MANDATING NECESSARY CUTS MUST FIRST REDUCE TO THE EXTENT NECESSARY THE APPROPRIATION TO THE CAPITAL RESERVE FUND, PRIOR TO MANDATING ANY CUTS IN OPERATING APPROPRIATIONS; BY ADDING SECTION 12-4-390 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY COLLECT AND RETAIN FEES TO RECOVER THE COSTS OF THE PRODUCTION, PURCHASE, HANDLING AND MAILING OF DOCUMENTS, PUBLICATIONS, RECORDS AND DATA SETS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY WITHHOLD FROM THE GENERAL FUND A PORTION OF REVENUE DERIVED FROM THE PROVISIONS OF CHAPTER 21, TITLE 12, THE ACTUAL COSTS OF BINGO AUDIT ACTIVITY AND OF CRIMINAL RECORD CHECKS PURSUANT TO THE EVALUATION OF APPLICATIONS FOR BINGO LICENSES, AND TO PROVIDE THAT WHENEVER A PROFESSIONAL DESIGNATION OR LICENSE IS LEGISLATIVELY MANDATED FOR EMPLOYMENT BY THE DEPARTMENT OF REVENUE, THE DEPARTMENT IS RESPONSIBLE FOR THE ANNUAL COST TO MAINTAIN THE REQUIRED DESIGNATION OR LICENSE; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE CONFIDENTIALITY AND EXCEPTIONS THERETO OF REPORTS AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE DISCLOSURE OF INFORMATION ON A RETURN TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE PURPOSE OF VERIFYING MEDICAID ELIGIBILITY; BY ADDING SECTION 11-11-160 SO AS TO PROVIDE FOR THE TRANSFER OF APPROPRIATIONS WITHIN AN AGENCY'S BUDGET DURING THE FISCAL YEAR; BY ADDING SECTION 11-5-280 SO AS TO AUTHORIZE THE STATE TREASURER TO ENTER INTO CONTRACTS ALLOWING A STATE AGENCY OR INSTITUTION TO ACCEPT CREDIT CARDS IN PAYMENT FOR GOODS OR SERVICES PROVIDED; BY ADDING SECTION 11-3-185 SO AS TO PROVIDE FOR THE EXPENDITURE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY BY WARRANT REQUISITIONS DIRECTED TO THE COMPTROLLER GENERAL WHO, AFTER APPROVAL, ISSUES A WARRANT TO THE STATE TREASURER DIRECTING PAYMENT; BY ADDING SECTION 11-13-45 SO AS TO PROVIDE FOR THE DEPOSIT OF FEDERAL AND OTHER FUNDS IN THE STATE TREASURY AND TO PROVIDE FOR THE USE OF THE FUNDS DEPOSITED; BY ADDING SECTION 11-13-140 SO AS TO PROVIDE THAT WHERE FEDERAL LAW OR REGULATION GOVERNING FEDERAL FUNDS ALLOCATED TO STATE AGENCIES INCLUDES REQUIREMENTS RELATING TO BANKING PROCEDURES, THE STATE TREASURY IS DEEMED TO MEET THE DEFINITION OF A BANK; BY ADDING SECTION 1-11-475 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL DEVISE A PLAN FOR THE EXPENDITURE OF STATE AGENCY APPROPRIATIONS FOR EMPLOYER CONTRIBUTIONS; TO AMEND SECTION 8-11-170, RELATING TO THE REQUIREMENT FOR ADVANCE APPROVAL BY THE AGENCY HEAD SALARY COMMISSION AND THE STATE BUDGET AND CONTROL BOARD FOR DUAL STATE EMPLOYMENT FOR AN AGENCY HEAD, SO AS TO REQUIRE TIMELY PAYMENT OF AN EMPLOYEE APPROVED FOR DUAL EMPLOYMENT; BY ADDING SECTION 8-11-35 SO AS TO PROVIDE THE PAY SCHEDULE FOR STATE EMPLOYEES, PROVIDE THAT SALARIES APPROPRIATED ARE THE MAXIMUM COMPENSATION FOR THE POSITION, TO PROVIDE RESTRICTIONS ON DUAL COMPENSATION AND EXPENSES, TO REQUIRE REPORTING OF EMPLOYEES RECEIVING DUAL COMPENSATION, AND TO EXEMPT THE HIRING OF SHORT-TERM EMPLOYEES FROM REGULATIONS GOVERNING APPOINTMENTS AND RESTRICTIONS ON NEPOTISM; BY ADDING SECTION 8-11-196 SO AS TO PROVIDE THAT CONDITIONS UPON WHICH A STATE AGENCY OR INSTITUTION MAY HIRE EMPLOYEES TO FILL TEMPORARY GRANT POSITIONS SPECIFIED IN FEDERAL GRANTS, PUBLIC CHARITY GRANTS, PRIVATE FOUNDATION GRANTS, RESEARCH GRANTS, AND POSITIONS WITH TIME LIMITED FUNDING APPROVED OR AUTHORIZED BY A STATE AUTHORITY; BY ADDING SECTION 1-11-67 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ASSESS AND COLLECT A RENTAL CHARGE FROM ALL STATE DEPARTMENTS AND AGENCIES THAT OCCUPY STATE BUDGET AND CONTROL BOARD SPACE IN STATE-CONTROLLED OFFICE BUILDINGS, TO PROVIDE A BASIS TO CALCULATE THE CHARGE, DISBURSE THE MONIES COLLECTED, AND APPORTION THE PAYMENT OF THE CHARGE; BY ADDING SECTION 1-11-425 SO AS TO PROVIDE THAT ALL AGENCIES SHALL PRINT CERTAIN INFORMATION ON THE LAST PAGE OF CERTAIN BOUND PUBLICATIONS; BY ADDING SECTION 8-11-199 SO AS TO PROVIDE THAT A STATE AGENCY OR INSTITUTION MAY NOT PAY OR REIMBURSE AN EMPLOYEE FOR PROFESSIONAL DUES PAYMENTS TO THE AMERICAN BAR ASSOCIATION; BY ADDING SECTION 10-1-55 SO AS TO PROVIDE THAT A LOCAL GOVERNMENT ENTITY WHICH DEMANDS PAYMENT OF RENT OR LEASE PAYMENTS FROM A STATE AGENCY OR INSTITUTION, UNDER CERTAIN CIRCUMSTANCES, MUST HAVE A CERTAIN PERCENTAGE OF THE CHARGE DEDUCTED FROM ITS LOCAL GOVERNMENT STATE AID TO SUBDIVISIONS ALLOCATION, AND TO PROVIDE THAT THE STATE AGENCY MUST BE REIMBURSED THE ACTUAL AMOUNT PAID AND THE BALANCE MUST BE CREDITED TO THE GENERAL FUND OF THE STATE FROM THE PORTION OF THE DEDUCTED ALLOCATION; TO AMEND SECTION 8-11-15, RELATING TO THE MINIMUM FULL-TIME WORKWEEK FOR STATE AGENCIES AND INSTITUTIONS AND ALTERNATIVE SCHEDULING, SO AS TO PROVIDE THAT STATE AGENCIES MAY USE ALTERNATE WORK LOCATIONS, INCLUDING TELECOMMUTING, THAT RESULT IN GREATER EFFICIENCY AND COST SAVINGS; TO AMEND SECTION 11-9-85, RELATING TO TAX AND FEE REVENUE CALCULATED ON AN ACCRUAL BASIS, SO AS TO PROVIDE FOR CALCULATING THE DEED RECORDING FEE IMPOSED BY CHAPTER 24, TITLE 12 ON AN ACCRUAL BASIS; TO AMEND SECTION 4-9-150, AS AMENDED, RELATING TO AUDITS OF COUNTY RECORDS, SO AS TO PROVIDE THAT IF A COPY OF THE REPORT OF A COUNTY'S AUDIT REQUIRED TO BE SUBMITTED TO THE COMPTROLLER GENERAL IS NOT TIMELY FILED, FUNDS DISTRIBUTED BY THE COMPTROLLER GENERAL TO THE COUNTY MUST BE WITHHELD PENDING RECEIPT OF A COPY OF THE REPORT; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-75 SO AS TO PROVIDE THAT AN EMPLOYEE PARTICIPATING IN A PLAN UNDER THE DEFERRED COMPENSATION PROGRAM MAY REPAY A LOAN MADE BY THE EMPLOYEE BY MEANS OF A PAYROLL DEDUCTION FROM HIS COMPENSATION; AND TO APPROPRIATE AND TRANSFER FUNDS FROM THE EDUCATION LOTTERY ACCOUNT FOR FISCAL YEAR 2002-2003 AND PROVIDE THE USES OF THE FUNDS APPROPRIATED AND TRANSFERRED; BY ADDING SECTION 25-1-1440 SO AS TO PROVIDE FOR THE MAINTENANCE AND CARE OF THE CAISSON OWNED BY THE ADJUTANT GENERAL; BY ADDING SECTION 59-150-355 SO AS TO APPROPRIATE FISCAL YEAR 2002-2003 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ACCORDANCE WITH THE PROVISIONS OF ACT 59 OF 2001, TO APPROPRIATE FISCAL YEAR 2001-2002 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS, TO APPROPRIATE UNCLAIMED PRIZE MONEY, AND TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO AMEND SECTION 59-149-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LIFE SCHOLARSHIP, SO AS TO PROVIDE THAT ELIGIBLE STUDENTS MAY ATTEND A FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING, TO LIMIT THE AMOUNT OF THAT SCHOLARSHIP TO FOUR THOUSAND SEVEN HUNDRED DOLLARS PLUS A THREE HUNDRED DOLLAR BOOK ALLOWANCE, TO LIMIT THE SCHOLARSHIP TO A TWO-YEAR INDEPENDENT INSTITUTION TO THE MAXIMUM COST OF ATTENDANCE AT A TWO-YEAR PUBLIC INSTITUTION, AND TO PROVIDE FOR THE BOOK ALLOWANCE FOR ELIGIBLE STUDENTS AT TWO-YEAR INSTITUTIONS; TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO ELIGIBILITY FOR THE LIFE SCHOLARSHIP, BY DELETING THE REQUIREMENT OF A MAY 1995 OR LATER GRADUATION; TO AMEND SECTION 59-149-60, RELATING TO THE LIMITS OF ELIGIBILITY FOR THE LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT ELIGIBLE STUDENTS ENROLL IN AN ELIGIBLE INSTITUTION WITHIN TWO YEARS OF HIGH SCHOOL GRADUATION; TO AMEND TITLE 2, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 75 SO AS TO CREATE THE SOUTH CAROLINA RESEARCH CENTERS OF ECONOMIC EXCELLENCE, TO ESTABLISH ENDOWED RESEARCH PROFESSORSHIPS AT CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR THE COMPETITIVE SCREENING FOR AND AWARD OF GRANTS MATCHING PRIVATE FUNDING, AND TO OTHERWISE ENCOURAGE RESEARCH AND DEVELOPMENT IN AREAS TARGETED TO CREATE JOBS AND ECONOMIC OPPORTUNITIES; TO AMEND SECTION 59-150-350, RELATING TO APPROPRIATIONS FOR AND ALLOCATIONS TO CERTAIN EDUCATIONAL PURPOSES AND PROGRAMS FROM THE EDUCATION LOTTERY ACCOUNT, SO AS TO DELETE THE LIMIT OF ONE PERCENT OF NET PROCEEDS IN THE ALLOCATION TO THE SOUTH CAROLINA STATE LIBRARY FOR PUBLIC LIBRARY STATE AID, TO PROVIDE FOR TUITION ASSISTANCE INSTEAD OF FREE TUITION TO STATE TECHNICAL COLLEGES AND TWO-YEAR PUBLIC INSTITUTIONS, TO PROVIDE FOR THE ALLOCATIONS FOR THE PURCHASE OR REPAIR OF SCHOOL BUSES, SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION DIGITALIZATION, A CONSTRUCTION AND RENOVATION FUND FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, AND TUITION GRANTS, AND TO DELETE THE ALLOCATION FOR YOUTH EDUCATION SCHOLARSHIPS; TO AMEND SECTION 59-150-360, RELATING TO ATTENDANCE AT A TECHNICAL COLLEGE OR A TWO-YEAR INSTITUTION, SO AS TO PROVIDE FOR TUITION ASSISTANCE RATHER THAN FREE TUITION, TO PERMIT TUITION ASSISTANCE ONLY IF THE STUDENT IS NOT A LIFE SCHOLARSHIP RECIPIENT, TO PROVIDE FOR THE STATE BOARD OF TECHNICAL AND COMPREHENSIVE EDUCATION AND THE COMMISSION ON HIGHER EDUCATION TO IMPLEMENT REGULATIONS IN CONNECTION WITH TUITION ASSISTANCE, TO DELETE AN ACADEMIC FEE ALLOWANCE, AND TO LIMIT TUITION ASSISTANCE TO THE MAINTENANCE OF A GRADE POINT AVERAGE OF 2.0 AND TO THE EARNING OF ONE DEGREE IN FIVE YEARS; TO AMEND SECTION 59-150-370, RELATING TO THE SC HOPE SCHOLARSHIP, SO AS TO AUTHORIZE A MAXIMUM AMOUNT OF TWO THOUSAND FIVE HUNDRED DOLLARS, PLUS A BOOK ALLOWANCE OF ONE HUNDRED FIFTY DOLLARS, FOR THE FIRST YEAR OF ATTENDANCE ONLY AND TO AN ELIGIBLE STUDENT WHO IS NOT THE RECIPIENT OF A LIFE OR PALMETTO FELLOWS SCHOLARSHIP, AND TO PROVIDE THAT THERE ARE NO TEST SCORE AND CLASS RANK REQUIREMENTS FOR ELIGIBILITY FOR THE SC HOPE SCHOLARSHIP; TO AMEND SECTION 59-104-20, AS AMENDED, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP, SO AS TO PROVIDE FOR AN ANNUAL MAXIMUM AMOUNT OF SIX THOUSAND SEVEN HUNDRED DOLLARS, TO LIMIT THE AMOUNT RECEIVED IN ADDITION TO OTHER GRANTS AND SCHOLARSHIPS, TO PROVIDE FOR THE ALLOCATION OF A PROPORTIONATE PERCENTAGE OF PALMETTO FELLOW SCHOLARSHIPS TO STUDENTS ATTENDING FOUR-YEAR INDEPENDENT INSTITUTIONS, AND TO REQUIRE AUTOMATIC APPROPRIATION FROM THE GENERAL FUND TO COVER ANY SHORTFALL FROM ALL OTHER SOURCES IN FUNDING OF PALMETTO FELLOWS SCHOLARSHIPS FOR ALL ELIGIBLE PERSONS; BY ADDING SECTION 59-150-75 SO AS TO PROVIDE FOR THE ENTRY INTO A MULTI-STATE AGREEMENT BY THE SOUTH CAROLINA LOTTERY COMMISSION FOR THE OFFER OF MULTI-STATE LOTTERY PRODUCTS; AND BY ADDING SECTION 59-1-525 SO AS TO PROVIDE FOR THE IMPLEMENTATION OF A SCHOOLWIDE GRANT PROGRAM TO INCREASE THE ACADEMIC PERFORMANCE OF STUDENTS IN GRADES K-5 IN THE CORE ACADEMIC AREAS OF READING, MATHEMATICS, SOCIAL STUDIES, AND SCIENCE, TO DESIGNATE DESIRED COMPETENCIES, AND TO PROVIDE FOR THE GRANT APPLICATION AND AWARD PROCESS; TO TRANSFER FROM A SECURE REVENUE ACCOUNT TO THE GENERAL FUND FOR FISCAL YEAR 2001-2002 CERTAIN MONIES EARLIER TRANSFERRED FROM THE EXTENDED CARE MAINTENANCE FUND; TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO BORROW SURPLUS FUNDS FROM STATE AGENCIES IN AN AMOUNT NEEDED TO BALANCE THE BUDGETARY GENERAL FUND; TO TRANSFER FOR FISCAL YEAR 2002-2003 ONLY THE CONTINUUM OF CARE FROM THE GOVERNOR'S OFFICE TO THE DEPARTMENT OF SOCIAL SERVICES; TO DIRECT THE DEPARTMENT OF EDUCATION TO FULLY IMPLEMENT THE STUDENT INFORMATION SYSTEM FOR FISCAL YEARS 2002-2003 ONLY AND TO USE CERTAIN FUNDS FOR THIS PURPOSE, AND TO DIRECT THE DEPARTMENT FOR FISCAL YEAR 2002-2003 ONLY TO REDISTRIBUTE CERTAIN GENERAL FUND ADULT EDUCATION REDUCTIONS; TO DIRECT THE BUDGET AND CONTROL BOARD TO PROVIDE TRANSITION SERVICES TO CONSTITUTIONAL OFFICERS ELECTED DURING FISCAL YEAR 2002-2003; TO AMEND SECTION 8-11-620, RELATING TO LEAVE AND LUMP-SUM PAYMENTS FOR LEAVE, SO AS TO PROVIDE THAT A RETIRED MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM HIRED TO FILL CERTAIN POSITIONS IS NOT ELIGIBLE FOR A LUMP-SUM PAYMENT FOR UNUSED LEAVE; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT RETIRED MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM HIRED TO FILL CERTAIN POSITIONS; TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RETURNING TO SERVICE UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ELIMINATE THE EARNINGS LIMITATION FOR A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED IN A POSITION COVERED BY THAT RETIREMENT SYSTEM OR OTHER STATE RETIREMENT SYSTEMS AND TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS THE MINIMUM INTERVAL BEFORE A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM MAY BE HIRED BY A COVERED EMPLOYER WITHOUT AFFECTING THE MEMBER'S RETIREMENT ALLOWANCE; TO REQUIRE SEVEN MILLION DOLLARS FOR FISCAL YEAR 2002-2003 ONLY TO BE APPROPRIATED TO SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS FROM NONRECURRING 2002-2003 REVENUE; TO REQUIRE THE STATE TREASURER TO TRANSFER CERTAIN FUNDS TO THE BARNWELL ECONOMIC DEVELOPMENT FUND; TO PROVIDE FOR THE TRANSFER OF VARIOUS PARCELS OF REAL PROPERTY FROM THE CHARLESTON NAVAL COMPLEX REDEVELOPMENT AUTHORITY TO THE CITY OF NORTH CHARLESTON UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE CONTINUATION ON SHARING OF SPECIFIC BENEFITS, REVENUES, AND FUNDING UPON SUCH TRANSFER; TO AMEND AN ACT OF 2002 BEARING RATIFICATION NUMBER 317, RELATING TO THE LOCATION OF NEW TERMINAL FACILITIES FOR THE SOUTH CAROLINA STATE PORTS AUTHORITY, SO AS TO PROVIDE THAT THE STATE RATHER THAN THE STATE BUDGET AND CONTROL BOARD SHALL PROVIDE CERTAIN INDEMNIFICATION TO THE MEMBERS OF THE BOARD OF THE STATE PORTS AUTHORITY.

(R389, H. 4894 (Word version)) -- Rep. Townsend: AN ACT 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 PUBLIC SAFETY MUST BE PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; 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 CERTAIN COMMERCIAL MOTOR VEHICLES 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; TO AMEND ARTICLE 5, CHAPTER 3, TITLE 56, RELATING TO VEHICLE REGISTRATION AND LICENSE FEES, BY ADDING SECTIONS 56-3-661, 56-3-662, AND 56-3-663 SO AS TO PROVIDE THAT NO FOR-HIRE MOTOR VEHICLE CARRIER OF PROPERTY, EXCEPT CARRIERS OF HOUSEHOLD GOODS OR HAZARDOUS WASTE FOR DISPOSAL, MAY OPERATE WITHOUT A CLASS E CERTIFICATE OF COMPLIANCE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY, WHOSE FEE IS TWENTY-FIVE DOLLARS, WHICH MAY NOT BE ISSUED OR MAY BE SUSPENDED, REVOKED, OR PLACED ON PROBATIONARY STATUS UNLESS THE APPLICANT PROVIDES CERTAIN EVIDENCE TO THE DEPARTMENT, TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION, TO PROVIDE THAT THE HOLDER OF A CLASS E CERTIFICATE MAY NOT BE SUBJECT TO CERTAIN STATE OR LOCAL LICENSE FEES, LICENSE TAXES, OR MOTOR OIL FEES, TO PROVIDE THAT THE DEPARTMENT SHALL CHARGE A FEE FOR EACH IDENTIFIER THAT MUST BE USED BY THE DEPARTMENT FOR CERTAIN ADMINISTRATION, ENFORCEMENT, CONSTRUCTION, AND RENOVATION PURPOSES, TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO ENTER INTO RECIPROCAL AGREEMENTS WITH REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION AND AUTHORITY OVER MOTOR CARRIERS TO PROVIDE FOR BASE-STATE AGREEMENTS IN WHICH THE REGISTRATION OF INTERSTATE CARRIERS OPERATING IN PARTICIPATING STATES MAY BE ACCOMPLISHED BY REGISTRATION IN ONE BASE STATE; AND TO REPEAL SECTIONS 58-23-350, 58-23-640, AND 58-23-650, RELATING TO THE REQUIREMENT THAT CERTAIN FOR-HIRE MOTOR VEHICLE CARRIERS MAY NOT OPERATE WITHOUT A CLASS E CERTIFICATE OF COMPLIANCE FROM THE DEPARTMENT OF REVENUE, THE DEPARTMENT OF REVENUE'S IDENTIFIER FEE, AND THE DEPARTMENT OF REVENUE'S AUTHORITY TO ENTER INTO RECIPROCAL AGREEMENTS WITH REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION AND AUTHORITY OVER MOTOR CARRIERS TO PROVIDE FOR BASE-STATE AGREEMENTS IN WHICH THE REGISTRATION OF INTERSTATE CARRIERS OPERATING IN PARTICIPATING STATES MAY BE ACCOMPLISHED BY REGISTRATION IN ONE BASE STATE.

(R390, H. 4912 (Word version)) -- Reps. McLeod and Davenport: AN ACT TO AMEND SECTION 40-23-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.

(R391, H. 5037 (Word version)) -- Reps. Cato and Tripp: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 38 SO AS TO ENACT THE "INVESTMENTS OF INSURERS ACT" TO PROVIDE FOR SPECIFIC PARAMETERS FOR INVESTMENT TRANSACTIONS AND INVESTMENT PRACTICES OF INSURANCE COMPANIES DOING BUSINESS IN THE STATE; AND TO REPEAL CHAPTER 11 OF TITLE 38 RELATING TO INVESTMENTS BY INSURERS.

(R392, 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: AN ACT 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.

(R393, H. 5132 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2686, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R394, 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.

(R395, H. 5207 (Word version)) -- Reps. Kennedy, Snow and Harvin: AN ACT TO PROVIDE THAT THE TERMS OF THE TWO MEMBERS OF THE BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT ELECTED AT-LARGE SHALL EXPIRE ON THE EFFECTIVE DATE OF THIS ACT AT WHICH TIME THE MEMBERSHIP OF THE BOARD SHALL CONSIST OF THE SEVEN MEMBERS ELECTED FROM THE SAME ELECTION DISTRICTS AS ARE MEMBERS OF THE GOVERNING BODY OF WILLIAMSBURG COUNTY.

At 2:30 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:

S. 237 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CITATION PENALTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENTIAL BUILDERS, RESIDENTIAL SPECIALTY CONTRACTORS, AND HOME INSPECTORS.

Reps. CATO and COTTY proposed the following Amendment No. 2 (Doc Name H-LCI\AMEND\237.02), which was adopted:
Amend the bill, as and if amended, on page 30, line 13 by inserting the following:
/ (D) At the time an owner personally appears and signs the building permit application as required by subsection (C) of this section, the local permitting agency shall provide the owner with all forms necessary to comply with subsection (E) of this section. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

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

H. 5312 (Word version) -- Reps. Loftis, Allen, Cato, F. N. Smith and Vaughn: A BILL TO PROVIDE THAT PUBLIC FUNDS MAY BE USED TO OFFER COSMETOLOGY LICENSING PREPARATORY COURSES AT TWO PRIVATELY FUNDED AND ONE PUBLICLY FUNDED POST-SECONDARY SCHOOLS IN GREENVILLE COUNTY.

The following Bill was taken up:

H. 4094 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND SECTIONS 20-7-490, 20-7-510, 20-7-650, 20-7-670, 20-7-690, AND 20-7-9710, ALL AS AMENDED, AND SECTION 20-7-2275, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS PROVISIONS IN THE CHILDREN'S CODE HAVING PROVISIONS RELATING TO CHILD DAYCARE, AND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20 RELATING TO THE LICENSURE AND REGULATION OF CHILD DAYCARE FACILITIES, ALL SO AS TO CHANGE THE TERMS "CHILD DAY CARE" OR "DAYCARE" TO "CHILDCARE".

Rep. J. E. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11809AC02), which was adopted:
Amend the bill, as and if amended, Section 20-7-3040a.(2) page 34, line 15, by deleting /may/ and inserting /must/.
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. J. E. SMITH explained the Bill.

Reps. LOFTIS, DAVENPORT and HAMILTON requested debate on the Bill.

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

The following Bill was taken up:

S. 252 (Word version) -- Senators Hayes, Branton, Alexander, Ravenel, Leatherman, Grooms, J. V. Smith, Peeler, Giese, Wilson, Gregory, Hawkins, Ritchie and Fair: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.

Rep. SCOTT moved to adjourn debate on the Bill until Wednesday, May 29.

Rep. EASTERDAY moved to table the motion.

Reps. SCOTT, BREELAND, BALES and J. HINES requested debate on the Bill.

The question then recurred to the motion to table the motion to adjourn debate, which was agreed to.

Reps. SHEHEEN, LEE and M. HINES requested debate on the Bill.

The following Bill was taken up:

S. 1208 (Word version) -- Judiciary Committee: A BILL TO ENACT "STEPHANIE'S LAW"; TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT AND TO REQUIRE THE DEPARTMENT TO MAINTAIN A RECORD OF INFORMATION RECEIVED THAT IS NOT INVESTIGATED; TO AMEND SECTION 20-7-650, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO RE-CATEGORIZE UNFOUNDED REPORTS; TO AMEND SECTION 20-7-655, RELATING TO THE CHILD PROTECTIVE SERVICES APPEALS PROCESS, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN RECORDS BE PURGED; AND TO AMEND SECTION 20-7-680, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT MUST NOT CONTAIN INFORMATION FROM REPORTS CLASSIFIED AS UNFOUNDED.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11771AC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION     1.     This part may be cited as "Stephanie's Law".
SECTION     2.     Section 20-7-510 of the 1976 Code, as last amended by Act 81 of 2001, is further amended by adding appropriately numbered new subsections to read:

"( )     When a report is referred to the department for an investigation or other response, the department must determine whether previous reports have been made regarding the same child or the same subject of the report. In determining whether previous reports have been made, the department must determine whether there are any suspected, indicated, or unfounded reports maintained pursuant to Section 20-7-650 regarding the same child or the same subject of the report.

( )     If the department does not conduct an investigation as a result of information received pursuant to this section, the department must make a record of the information and must classify the record as a Category IV unfounded report in accordance with Section 20-7-650. The department and law enforcement are authorized to use information recorded pursuant to this subsection for purposes of assessing risk and safety if additional contacts are made concerning the child, the family, or the subject of the report."
SECTION     3.     Section 20-7-650 of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:

"Section 20-7-650.     (A)     It is the purpose of this section to encourage the voluntary acceptance of any service offered by the department in connection with child abuse and neglect or another problem of a nature affecting the stability of family life.

(B)     The department must be staffed adequately with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.

(C)     Within twenty-four hours of the receipt of a report of suspected child abuse or neglect or within twenty-four hours after the department has assumed legal custody of a child pursuant to Section 20-7-610(F) or (G) or within twenty-four hours after being notified that a child has been taken into emergency protective custody, the department must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is 'indicated' or 'unfounded'. The finding must be made no later than forty-five days from the receipt of the report. A single extension of no more than fifteen days may be granted by the director of the department, or the director's designee, for good cause shown, pursuant to guidelines adopted by the department. If the investigation cannot be completed because the department is unable to locate the child or family or for other compelling reason, the report may be classified as unfounded Category III and the investigation may be reopened at a later date if the child or family is located or the compelling reason for failure to complete the investigation is removed. The department shall must make a finding within forty-five days after the investigation is reopened.

This section does not require the department to investigate reports of child abuse or neglect which resulted in the death of the child unless there are other children residing in the home, or a resident of the home is pregnant, or the subject of the report is the parent, guardian, or person responsible for the welfare of another child regardless of whether that child resides in the home.

(D)     The department may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court shall must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the condition of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records concerning the child.

(E)     The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations, and in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child's presence, and conduct of the interview. The department or law enforcement, or both, shall must provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention into in a child's life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.

(F)     Reports of child abuse and neglect must be classified in the department's data system and records in one of three categories: Suspected, Unfounded, or Indicated. If the report is categorized as unfounded, the entry must further state the classification of unfounded reports as set forth in subsection (H). All initial reports must be considered suspected. Reports must be maintained in the category of suspected for no more than sixty days after the report was received by the department. By the end of the sixty-day time period, suspected reports must be classified as either unfounded or indicated pursuant to the agency's investigation.

(G)(1)     Indicated findings must be based upon a finding of the facts available to the department that abuse or neglect is supported by there is a preponderance of evidence that the child is an abused or neglected child. Indicated findings must include a description of the services being provided the child and those responsible for the child's welfare, and all relevant dispositional information.

(2)     If the family court makes a determination or the process described in Section 20-7-655 results in a determination that the indicated finding is not supported by a preponderance of evidence that there was any act of child abuse or neglect, the case classification must be converted to 'unfounded' and subsection (J) applies.

(3)     If the family court makes a specific determination, or the process described in Section 20-7-655 results in a determination that there is not a preponderance of evidence that the person who was the subject of the report committed an act of child abuse or neglect, but that the child was abused or neglected by an unknown person, the department must maintain the case as an indicated case and access to records of the case may be granted as provided in Section 20-7-690. The department shall not delete from its data system or records information indicating that the person was the subject of the report. The department's data system and records must clearly record the results of the court or administrative proceeding. If the case record and data system included a designation with the name of the subject of the report indicating that the person committed the abuse or neglect, that designation must be removed following the determination that there is not a preponderance of evidence that the subject of the report committed an act of child abuse or neglect.

(G)(H)         All reports that are not indicated at the conclusion of the investigation and all records of information for which an investigation was not conducted pursuant to Section 20-7-510 must be classified as 'unfounded'. Unfounded reports must be further classified as either Category I, Category II, or Category III, or Category IV.

(1)     Category I unfounded reports are those in which abuse and neglect were ruled out following the investigation. A report falls in this category if evidence of abuse or neglect as defined in this article was not found regardless of whether the family had other problems or was in need of services.

(2)     Category II unfounded reports are those in which the evidence produced by the investigation was inconclusive as to whether abuse or neglect occurred. A report falls in this category if there is evidence of abuse or neglect as defined in this article but not enough evidence to constitute a preponderance of evidence. This category does not include cases in which the family had other problems that are not within the definition of abuse and neglect in Section 20-7-490 investigation did not produce a preponderance of the evidence that the child is an abused or neglected child.

(3)     Category III unfounded reports are those in which an investigation could not be completed because the department was unable to locate the child or family or for some other compelling reason.

(4)     Category IV unfounded reports are records of information received pursuant to Section 20-7-510, but which were not investigated by the department.

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

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

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

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

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

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

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

(I)     The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded.

(J)     Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files must be converted immediately to the category of "affirmative determination". The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes or persons named in affirmative determinations of child abuse or neglect maintained in agency files must be destroyed seven years from the date services are terminated. Information concerning reports classified as unfounded contained in the statewide data system and records must be maintained for not less than five years after the finding. Information contained in unfounded cases is not subject to disclosure under the Freedom of Information Act as provided for in Chapter 4, Title 30. Access to and use of information contained in unfounded cases must be strictly limited to the following purposes and entities:

(1)     a prosecutor or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 20-7-567;

(2)     the department or a law enforcement officer or agency, for the purpose investigating allegations of abuse or neglect;

(3)     the department or a law enforcement officer or agency, when information is received that allows the reopening of a Category III unfounded report pursuant to subsection (C);

(4)     as evidence in a court proceeding, if admissible under the rules of evidence as determined by a judge of competent jurisdiction;

(5)     a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery under the applicable rules of procedure;

(6)     the department, for program improvement, auditing, and statistical purposes;

(7)     as authorized in Section 20-7-695; and

(8)     the Department of Child Fatalities pursuant to Section 20-7-5930.

(K)     Except as authorized in this section, no person may disseminate or permit dissemination of information maintained pursuant to subsection (J). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. A person aggrieved by an unlawful dissemination in violation of this subsection may bring a civil action to recover damages incurred as a result of the unlawful act and to enjoin its dissemination or use.

Upon a determination that more likely than not, a person who is the subject of a report as defined in Section 20-7-490 did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files. This provision does not prohibit the department from maintaining an "indicated report" which contains identifying information on the child who is the subject of the indicated report and those responsible for his welfare without identifying a subject of the report or providing child protective services to the child who is the subject of the indicated report and those responsible for the child's welfare.

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

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

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

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

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

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

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

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

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

(1)     the names of the investigators;

(2)     the allegations being investigated;

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

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

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

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

(7)     the possible outcomes of the investigation; and

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

(R)(S)     The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified by the department of the finding. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse. The law enforcement agency must provide to the department copies of incident reports generated in any case reported to law enforcement by the department and in any case in which the officer responsible for the case knows the department is involved with the family or the child. The law enforcement officer must make reasonable efforts to advise the department of significant developments in the case, such as disposition in summary court, referral of a juvenile to the Department of Juvenile Justice, arrest or detention, trial date, and disposition of charges. The department must include in its records copies of incident reports provided under this section and must record the disposition of charges.

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

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

(U)(V)         In all instances, the agency in all instances must act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."
SECTION     4.     Section 20-7-655 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:

"Section 20-7-655.     (A)     The Department of Social Services shall purpose of this section is to provide a child protective services appeals process for review of indicated reports that have been indicated pursuant to Section 20-7-650 and are not otherwise being brought before the family court for disposition and for reports indicated and entered in the Central Registry pursuant to Section 20-7-670 and not being brought before the family court for disposition. The appeals hearing must be scheduled and conducted in accordance with the department's fair hearing regulations except as to the date for a final decision. This process is available only to the person determined to have abused or neglected the child.

(B)     The state director shall appoint a child protective services appeals committee hearing officer to conduct a contested case hearing for each case decision which is appealed. The committee must be comprised of three officials or employees of the Department of Social Services, none of whom may be a resident of or employed by the department in the county where the case originates or a member of the investigative unit which investigated the case if the case decision being appealed involves institutional abuse The hearing officer shall prepare recommended findings of fact and conclusions of law for review by the state director or the state director's designee who shall render the final decision. The designee under this subsection must not be a person who was involved in making the original case decision or who conducted the interim review of the original case decision. The purpose of the hearing is to determine whether there is a preponderance of evidence that the appellant was responsible for abuse or neglect of the child.

(C)     When the department determines that an appeal hearing is needed pursuant to Section 20-7-690(J), it shall provide notice of the availability of the hearing to the potential appellant by certified mail. The notice must inform the person of the right to appeal the case determination and the date and time of the appeal hearing. The notice must also advise the appellant of his rights as provided in the department's fair hearing regulations. If a person requests an appeal under this section and the family court has determined that the person is responsible for abuse or neglect of the child, an appeal pursuant to this section is not available. If the family court reaches such a determination after the initiation of the appeal provided for in this section, the department shall terminate the appeal upon receipt of an order that disposes of the issue. If a proceeding is pending in the family court that may result in a finding that will dispose of an appeal under this section, the department shall stay the appeal pending the court's decision.

(D)     If the department determines that a report of suspected child abuse or neglect is indicated and the case will not be brought before department is not taking the case to the family court for disposition, or if the case was entered in the Central Registry pursuant to Section 20-7-670 and the department is not taking the case to family court for disposition, the department must shall provide notice of the case decision by certified mail to the subject of the report by certified mail person determined to have abused or neglected the child. The notice must inform the subject of the report person of the right to appeal the case decision and that, if he intends to appeal the decision, he must notify the local child protection agency department of his intent in writing within thirty days of receipt of the notice. The notice also must advise the person that the appeal process is for the purpose of determining whether a preponderance of evidence supports the case decision that the person abused or neglected the child. If the subject of the report person does not notify the department of his intent to appeal in writing within thirty days of receipt of the notice, the right to appeal is waived by the subject person and the case decision becomes the affirmative determination final.

(E)     Within fourteen days after receipt of a notice of intent to appeal, an appropriate official of the department designated by the director must conduct an interim review of case documentation and the case determination must be conducted by an appropriate official of the department designated by the director. The interim review may not delay the scheduling of the appeals contested case hearing. If the official conducting the interim review decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's case record and database as provided in Section 20-7-650(G)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 20-7-670 and the interim review results in a reversal of the decision that supports that entry, the person's name must be removed from the Central Registry.

(F)     The child protective services appeals committee shall determine whether or not the case determination is supported by a preponderance of evidence that the subject of the report abused or neglected the child. If the appeals committee affirms the case determination, the subject has the right to judicial review in the family court of the jurisdiction in which the case originated. After a contested case hearing, if the state director or the director's designee decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's case record and database as provided in Section 20-7-650(G)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 20-7-670 and the state director or the director's designee reverses the decision that supports that entry, the person's name must be removed from the Central Registry. If the state director or the director's designee affirms the determination against the appellant, the appellant has the right to seek judicial review in the family court of the jurisdiction in which the case originated.

(G)     Proceedings for judicial review may be instituted by filing An appellant seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department. Copies The appellant shall serve a copy of the petition must be served upon the department and all parties of record. Judicial review must be conducted by. The family court shall conduct a judicial review in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether by the decision of the department that a preponderance of evidence shows that the subject of the report appellant abused or neglected the child should be affirmed or reversed. The appellant is not entitled to a trial de novo in the family court.

(H)     Upon a determination by the interim review, the appeals committee or the court that there is not a preponderance of evidence that the subject of the report abused or neglected a child as defined in Section 20-7-490, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files and from the Central Registry of Child Abuse and Neglect. This subsection does not prohibit the department or the registry from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a subject of the report, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.

(I)     When the appeals procedure is used for institutional abuse cases investigated by the Department of Social Services, the investigative unit of the Department of Social Services must receive all notices and the case documentation review."
SECTION     5.     Section 20-7-680 of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:

"Section 20-7-680.     (A)     The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the department must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.

(B)     The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with Sections 20-7-650, 20-7-670, and 17-25-135. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in Sections 20-7-650 and 17-25-135, or as provided for in Section 20-7-670. Each entry in the registry must be accompanied by information further identifying the person, including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and describing the abuse or neglect committed by the person.

(C)     The Department of Social Services shall must furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from this harm, and any other data considered instructive.

(D)     The name, address, birth date, identifying characteristics, and other information of a person named in a report must be removed from department records and the central registry immediately upon a determination by the department or the court that the report is unfounded, except as provided in Section 20-7-650(I). The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded. Other department records and databases must treat unfounded cases as provided for in Section 20-7-650.

(E)     The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in the registry or department records of indicated cases other than the Central Registry of Child Abuse and Neglect must be destroyed seven years from the date services are terminated. This section does not prohibit the department from maintaining an 'indicated report case' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as perpetrator, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.

(F)     Information in the central registry and other department records may be released only as authorized in Section 20-7-690 or as otherwise specifically authorized by statute. Information in records of the department other than the Central Registry of Child Abuse and Neglect must not be used for screening potential employees or volunteers of any public or private entity, except as specifically provided by Section 20-7-690 or as otherwise provided by statute. However, nothing in this section prevents the department from using other information in its records when making decisions associated with administration or delivery of the department's programs and services."
Part II
SECTION     1.     Section 20-7-110 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:

"Section 20-7-110.     In all child abuse and neglect and voluntary placement proceedings:

(1)     Children must be appointed legal counsel and a guardian ad litem by the family court. Counsel for the child in no case may be the same as counsel for the parent, guardian, or other person subject to the proceeding or any governmental or social agency involved in the proceeding.

(2)     Parents, guardians, or other persons subject to any judicial proceeding are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court.

(3)     The interests of the State and the Department of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding."
SECTION     2.     Section 20-7-121 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:

"Section 20-7-121.     There is created the South Carolina Guardian ad Litem Program to serve as a statewide system to provide training and supervision to volunteers who serve as court-appointed special advocates for children in abuse and neglect or extension of voluntary placement agreements or proceedings within the family court, pursuant to Section 20-7-110. This program must be administered by the Office of the Governor."
SECTION     3.     Section 20-7-490 of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:

"Section 20-7-490.     When used in this article, or in Article 9, Article 11, or subarticle 7 of Article 13, and unless the specific context indicates otherwise:

(1)     'Child' means a person under the age of eighteen.

(2)     'Abused or neglected child' means a child whose death results from or whose physical or mental health or welfare is harmed or threatened with harm, as defined by items (3) and (4), by the acts or omissions of the child's parent, guardian, or other person responsible for his welfare.

(3)     'Harm' to a child's health or welfare can occur 'Child abuse or neglect' occurs when the parent, guardian, or other person responsible for the child's welfare:

(a)     inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:

(i)     is administered by a parent or person in loco parentis;

(ii)     is perpetrated for the sole purpose of restraining or correcting the child;

(iii)     is reasonable in manner and moderate in degree;

(iv)     has not brought about permanent or lasting damage to the child;

(v)     is not reckless or grossly negligent behavior by the parents.

(b)     commits or allows to be committed against the child a sexual offense as defined by the laws of this State or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child;

(c)     fails to supply the child with adequate food, clothing, shelter, education as required under Article 1 of Chapter 65 of Title 59, supervision appropriate to the child's age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused or presents a substantial risk of causing physical or mental injury or presents a significant threat of injury as defined in this section. However, a child's absences from school may not be considered abuse or neglect unless the school has made efforts to bring about the child's attendance and those efforts were unsuccessful because of the parents refusal to cooperate. For the purpose of this chapter 'adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under state law.;

(d)     abandons the child;

(e)     encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation, or approval.;

(f)     has committed abuse or neglect as described in subsections (a) through (e) such that a child who subsequently becomes part of the person's household is at substantial risk of one of those forms of abuse or neglect.

(4)     'Threatened harm' means a substantial risk of harm, as defined by item (3).

(5)(3)     'A person responsible for a child's welfare' includes the child's parent, guardian, foster parent, an operator, employee, or caregiver, as defined by Section 20-7-2700, of a public or private residential home, institution, agency, or child daycare facility or an adult who has assumed the role or responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person whose only role is as a caregiver and whose contact is only incidental with a child, such as a babysitter or a person who has only incidental contact but may not be a caretaker, has not assumed the role or responsibility of a parent or guardian. An investigation pursuant to Section 20-7-650 must be initiated when If the information contained in a report otherwise sufficient under this section does not establish whether the person has assumed the role or responsibility of a parent or guardian for the child, the department may use information gathered by law enforcement responding to the incident to determine whether to initiate an investigation. If this information is not available within twenty-four hours following receipt of the report or if law enforcement is not investigating the incident, an investigation pursuant to Section 20-7-650 must be initiated.

(6)(4)     'Physical injury' means death or permanent or temporary disfigurement or impairment of any bodily organ or function.

(7)(5)     'Mental injury' means an injury to the intellectual, emotional, or psychological capacity or functioning of a child as evidenced by a discernible and substantial impairment of the child's ability to function when the existence of that impairment is supported by the opinion of a mental health professional or medical professional to a reasonable degree of medical certainty.

(8)(6)     'Institutional child abuse and neglect' means situations of known or suspected child abuse or neglect where the person responsible for the child's welfare is the employee of a public or private residential home, institution, or agency.

(9)(7)     'Protective services unit' means the unit established within the Department of Social Services which has prime responsibility for state efforts to strengthen and improve the prevention, identification, and treatment of child abuse and neglect.

(10)(8)     'Subject of the report' means a person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding.

(11)(9)     'Suspected report' means all initial reports of child abuse or neglect received pursuant to this article.

(12)(10)     'Unfounded report' means a report made pursuant to this article for which there is not a preponderance of evidence to believe that the child is abused or neglected. For the purposes of this article, it is presumed that all reports are unfounded unless the department determines otherwise.

(13)(11)     'Indicated report' means a report of child abuse or neglect supported by facts which warrant a finding by a preponderance of evidence that abuse or neglect is more likely than not to have occurred.

(14)(12)     'Probable cause' means facts and circumstances based upon accurate and reliable information, including hearsay, that would justify a reasonable person to believe that a child subject to a report under this article is abused or neglected.

(15)(13)     'Preponderance of evidence' means evidence which, when fairly considered, is more convincing as to its truth than the evidence in opposition.

(16)(14)     'Department' means the Department of Social Services.

(17)(15)     'Child protective investigation' means an inquiry conducted by the department in response to a report of child abuse or neglect made pursuant to this article.

(18)(16)     'Child protective services' means assistance provided by the department as a result of indicated reports or affirmative determinations of child abuse or neglect, including assistance ordered by the family court or consented to by the family. The objectives of child protective services are to:

(a)     protect the child's safety and welfare; and

(b)     maintain the child within the family unless the safety of the child requires placement outside the home.

(19)     'Affirmative determination' means a finding by a preponderance of evidence that the child was abused or neglected by the person who is alleged or determined to have abused or neglected the child and who is mentioned by name in a report or finding. This finding may be made only by:

(a)     the court;

(b)     the Department of Social Services upon a final agency decision in its appeals process; or

(c)     waiver by the subject of the report of his right to appeal. If an affirmative determination is made by the court after an affirmative determination is made by the Department of Social Services, the court's finding must be the affirmative determination.

(20)(17)     'Court' means the family court.

(21)(18)     'Abandonment of a child' means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child's needs or the continuing care of the child.

(22)(19)     'Guardianship of a child' means the duty and authority vested in a person by the family court to make certain decisions regarding a child, including:

(a)     consent consenting to a marriage, enlistment in the armed forces, and medical and surgical treatment;

(b)     represent representing a child in legal actions and to make other decisions of substantial legal significance affecting a child; and

(c)     rights and responsibilities of legal custody when legal custody has not been vested by the court in another person, agency, or institution.

(23)(20)     'Legal custody' means the right to the physical custody, care, and control of a child; the right to determine where the child shall live; the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. The court may in its order place other rights and duties with the legal custodian. Unless otherwise provided by court order, the parent or guardian retains the right to make decisions of substantial legal significance affecting the child, including consent to a marriage, enlistment in the armed forces, and major nonemergency medical and surgical treatment; the obligation to provide financial support or other funds for the care of the child; and other residual rights or obligations as may be provided by order of the court.

(24)(21)     'Party in interest' includes the child, the child's attorney and guardian ad litem, the natural parent, an individual with physical or legal custody of the child, the foster parent, and the local foster care review board.

(25)(22)     'Physical custody' means the lawful, actual possession and control of a child.

(26)(23)     'Emergency protective custody' means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger.

Emergency protective custody may be taken only by a law enforcement officer pursuant to this article."
SECTION     4.     The 1976 Code is amended by adding:

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

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

(1)     actual damages;

(2)     punitive damages; and

(3)     a reasonable attorney's fee and other litigation costs reasonably incurred."
SECTION     5.     Section 20-7-610(A)(1) of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:

"(1) the officer has probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in substantial and imminent danger if the child is not taken into emergency protective custody, and there is not time to apply for a court order pursuant to Section 20-7-736. When a child is taken into emergency protective custody following an incident of excessive corporal punishment, and the only injury to the child is external lesions or minor bruises, other children in the home shall not be taken into emergency protective custody solely on account of the injury of one child through excessive corporal punishment. However, the officer may take emergency protective custody of other children in the home if a threat substantial risk of harm to them is further indicated by factors including, but not limited to, a prior history of domestic violence or other abuse in the home, alcohol or drug abuse if known or evident at the time of the initial contact, or other circumstances indicative of danger to the children;"
SECTION     6.     Section 20-7-635(C) of the 1976 Code, as added by Act 450 of 1996, is amended to read:

"(C)     Children in temporary crisis placements are not in the custody of the department and must not be considered to be in foster care. No placement of a child in a temporary crisis home or facility may occur unless it is agreed to by the child's parent, guardian, or custodian and the department. Temporary crisis placements may last no longer than seventy-two hours."
SECTION     7.     The 1976 Code is amended by adding:

"Section 20-7-637.     (A)     The department may accept the voluntary placement of a child in the legal custody of the department by the child's parent or guardian. It is in the discretion of the department whether to accept the placement and the department shall develop criteria for voluntary placement. The department and the parent or guardian must sign a written voluntary placement agreement that explains the rights and obligations of the parent or guardian and the department.

(B)     When a child enters the custody of the department pursuant to a voluntary placement agreement, the department and the parent or guardian must develop a placement plan pursuant to Section 20-7-764 and the parties must comply with the permanency planning hearing requirements of Section 20-7-766.

(C)     The voluntary placement is a temporary arrangement. The placement may not last more than 180 days without a court finding pursuant to this section that extending the placement is in the best interest of the child. In any such proceeding, the child shall have representation by a guardian ad litem pursuant to Section 20-7-110. The department shall attach to the petition a written summary of the circumstances of the placement and the reasons for the extension and a placement plan for review and approval in accordance with Section 20-7-764. The consent of the parent or guardian and the child's guardian ad litem must also be provided in writing to the court. The court may issue its order based on the petition and supporting documentation or may order a hearing. To extend the voluntary placement, the court's order must be issued within the first 180 days from the date of the original placement.

(D)     A voluntary placement is revocable by the parent or guardian who entered into the agreement and by the department. To effect the revocation, either party must provide written notice at least forty-eight hours in advance of the date the child would be returned to the parent or guardian.

(E)     If a child who is in the custody of the department pursuant to a voluntary placement agreement is abandoned by the child's parent or guardian, the child must be treated as being in emergency protective custody, without the necessity for complying with the procedures in Section 20-7-610(A) or (P). Within 24 hours after determining that the child has been abandoned, the department shall initiate a removal proceeding in the appropriate family court pursuant to Section 20-7-736, and the court shall proceed as provided in Section 20-7-610(K) through (O).

(F)     When a party revokes the agreement, if the voluntary placement agreement or an extension is the basis for the department having custody, the foster care provider is entitled to receive notice of the intent to move the child as soon as reasonably possible. Foster parents who provide care for a child placed pursuant to this section may not appeal the return of the child to the parent or guardian.

(G)     Nothing in this section limits the authority of the department to proceed pursuant to Section 20-7-736 for removal of custody or the authority of the court in instances of abuse or neglect or suspected abuse or neglect."
SECTION     8.     Section 20-7-670 of the 1976 Code, as last amended by Part II, Section 6A of Act 1 of 2001, is further amended to read:

"Section 20-7-670.     (A)     The Department of Social Services is authorized to receive and investigate reports of abuse and neglect of children who reside in or receive care or supervision in residential institutions and, foster homes, and child daycare facilities. Responsibility for investigating these entities must be assigned to a unit or units not responsible for selecting or licensing these entities. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.

(B)     The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in Foster homes subject to this section are those which are supervised by or recommended for licensing by the department or by child placing agencies to determine whether the report is indicated or unfounded. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. The determination that a report is indicated may be appealed, as provided in Section 20-7-655. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes.

(C)     The department shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action.

(D)     The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or day care facility operated by the Department of Social Services. The State Law Enforcement Division may promulgate regulations consistent with this authority to receive and investigate these reports.

(E)     The Department of Social Services may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, a child daycare facility or a child placing agency or to require other corrective action if necessary for the safety of the children. The department shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section. The family court retains jurisdiction to hear cases brought by the department for the protection of children residing in a facility, institution, or home subject to this section when the child resides there because of the child's relationship to the owner or operator of the home or a caregiver residing in the home.

(F)     The Department of Social Services must investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a residential treatment facility or intermediate care facility for the mentally retarded licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health.

(G)     The Department of Social Services has access to facilities for the purpose of conducting investigations and has authority to request and receive written statements, documents, exhibits, and other information pertinent to an investigation including, but not limited to, hospital records. The appropriate officials, agencies, departments, and political subdivisions of the State must assist and cooperate with the court and the Department of Social Services in furtherance of the purposes of this section.

(H)     The Department of Social Services may file with the family court an affidavit and a petition to support issuance of a warrant at any time during an investigation. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the premises of the child, to inspect the premise where the child may be located or may reside, and to obtain copies of medical, school, or other records necessary for investigation of the allegations of abuse or neglect.

(I)     When the investigation performed pursuant to this section results in a determination that an individual has harmed a child or threatened a child with harm, as defined in Section 20-7-490, the name of that individual must be entered immediately in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible ramifications regarding future employment and licensing if he allows his name to remain in the registry. The procedures set forth in Section 20-7-655 apply when an individual challenges the entry of his name in the registry and challenges of the entry in the registry pursuant to this subsection must be given expedited review in the appellate process."
SECTION     9. Section 20-7-690 of the 1976 Code, as last amended by Act 104 of 1999, is further amended by adding at the end:

"(N)(1)     Reports, working documents, and records created by or for the department are confidential and privileged when these reports, documents, and records were created:

(a)     as part of its qualitative review of a county department's child welfare case files to assess child welfare practice and render technical assistance; or

(b)     as a result of reviews conducted pursuant to the department's child death protocol.

(2)     These reports, documents, and records are not subject to discovery, subpoena, or introduction into evidence in any civil proceeding against the department or its employees acting in their official capacity.

(3)     These reports, documents, and records are not subject to release under the South Carolina Freedom of Information Act.

(4)     Meetings occurring as part of the qualitative review process and the child death protocol process are closed to the public.

(5)     No person participating in these processes may be required to testify in any civil action as to any findings, opinions, recommendations, evaluations, or other action resulting from or developed during these processes.

(6)     The state director has the authority to release information contained in reports, documents, and records governed by this subsection to other government officials if the director determines the information pertains to a matter within the scope of that official's responsibility.

(7)     The department shall release information contained in these reports, documents, and records to the Department of Child Fatalities pursuant to Section 20-7-5930 upon request.

(8)     This subsection does not make privileged or confidential those public reports prepared and issued pursuant to Section 43-1-115 or Section 20-7-690(H).

(9)     Information, documents, reports, or records that are not created by or for the department's internal review processes described in this subsection do not become immune from discovery or from use in a civil action because they were used in an internal review.

(10)     Release of material pursuant to (6) or (7) does not abrogate the duty to maintain confidentiality or the privilege established elsewhere in this section."
SECTION     10.     Section 20-7-762 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:

"Section 20-7-762.     (A)     At the close of a hearing pursuant to Section 20-7-738 or 20-7-736 and upon a finding that the child shall remain in the home and that protective services shall continue, the family court shall review and approve a treatment service plan designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future.

(B)     The plan must be prepared by the department and shall detail any changes in parental behavior or home conditions that must be made and any services which will be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the department shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order. The court order shall specify a date when treatment goals changes in parental behavior, home conditions, and safety planning for the child must be achieved and court jurisdiction ends, unless the court specifically finds that the matter must be brought back before the court for further review before the case may be closed. If the order requires further court review before case closure, the order shall specify a time limit for holding the next hearing.

(C)     Unless services are to terminate earlier, the department shall schedule a review hearing before the court at least once every twelve months to establish whether the conditions which required the initial intervention exist. If the conditions no longer exist, the court shall order termination of protective services, and the court's jurisdiction shall end. If the court finds that the conditions which required the initial intervention are still present, it shall establish:

(1)     what services have been offered to or provided to the parents;

(2)     whether the parents are satisfied with the delivery of services;

(3)     whether the department is satisfied with the cooperation given to the department by the parents;

(4)     whether additional services should be ordered and additional treatment goals established; and

(5)     the date when treatment the goals must be achieved and court jurisdiction ends.

The court order shall specify a date upon which jurisdiction will terminate automatically, which must be no later than eighteen months after the initial intervention. Jurisdiction may be extended pursuant to a hearing on motion by any party, if the court finds that there is clear and convincing evidence that the child is threatened with harm absent a continuation of services."
SECTION     11.     Section 20-7-766 of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:

"Section 20-7-766.     (A)     The family court must review the status of a child placed in foster care upon motion filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section. An action for permanency planning must be brought pursuant to this section for a child who enters the custody of the department by any mechanism, including Section 20-7-637, 20-7-610, 20-7-736, or 20-7-1700. If the child entered care pursuant to a voluntary placement agreement or relinquishment for adoption and no court action is pending concerning the child, the department may initiate the permanency planning hearing with a summons and petition for review. All parties must be served with the summons and petition at least ten days before the hearing and no responsive pleading is required.

(B)     The department shall attach a supplemental report to the pleadings which contain at least:

(1)     that information necessary to support findings required in subsection (G);

(2)     the recommended permanent plan and suggested timetable for attaining permanence; and

(3)     any reports of the local foster care review board which pertain to the child. The department may use the same form for the supplemental report, reports from the department to the local foster care review board, and reports compiled for internal department reviews.

(C)     At the permanency planning hearing the court shall review the department's plan, for achieving permanence for the child. If the department's plan does not return the child home to his parents, the court must outline the compelling reasons for the permanent plan as provided in subsection (G). If the court selects one of the options provided in subsection (G), the court's order must outline compelling reasons for the plan.

(C)(D)     If the court determines at the permanency planning hearing that the child may be safely maintained in the home in that the return of the child to the child's parent would not cause an unreasonable risk of harm to the child's life, physical health, safety, or mental well-being, the court shall order the child returned to the child's parent. The court may order a specified period of supervision and services not to exceed twelve months. When determining whether the child should be returned, the court shall consider all evidence and the supplemental report including whether the parent has substantially complied with the terms and conditions of the plan approved pursuant to Section 20-7-764.

(D)(E)     Except as provided in subsection (E)(F), if the court determines at the permanency planning hearing that the child should not be returned to the child's parent at that time, the court's order shall require the department to file a petition to terminate parental rights to the child not later than sixty days after receipt of the order. If a petition to terminate parental rights is to be filed, the department must exercise and document every reasonable effort to promote and expedite the adoptive placement and adoption of the child, including a thorough adoption assessment and child-specific recruitment. Adoptive placements must be diligently sought for the child and failure to do so solely because a child is classified as 'special needs' is expressly prohibited. No adoption may be delayed or denied solely on these special needs. If the department demonstrates to the court that terminating parental rights is clearly not in the child's best interest and one or more of the conditions specified under subsection (F)(G) exists, a different disposition may be required. For purposes of this subsection:

(1)     'thorough adoption assessment' means conducting and documenting face-to-face interviews with the child, foster care providers, and other significant parties; and

(2)     'child specific recruitment' means recruiting an adoptive placement targeted to meet the individual needs of the specific child including, but not be limited to, use of the media, use of photo listings, and any other in-state or out-of-state resources which may be utilized to meet the specific needs of the child, unless there are extenuating circumstances that indicate that these efforts are not in the best interest of the child.

(E)(F)     If the court determines that the child may be returned to the parent as provided for in subsection (C)(D) within a specified reasonable time not to exceed six eighteen months after the child was placed in foster care and that the best interests of the child will be served and if the court finds that initiating termination of parental rights is not in the best interests of the child, the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan.

(F)(G)     After assessing the viability of adoption, if the department demonstrates that termination of parental rights is clearly not in the child's best interest and if the court determines that the:

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

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

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

(4)     child has physical, mental, or psychological problems or special treatment needs and must remain in a specialized foster care setting or that the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care pending implementation of a permanent plan.

(G)(H)     If the child is not returned to the parent, in addition to the findings required under subsection (D)(E) or (F)(G), the court shall specify in its order:

(i)     what services have been provided to or offered to the parents to facilitate reunification;

(ii)     the compliance or lack of compliance by all parties to the plan approved pursuant to Section 20-7-764;

(iii)     the extent to which the parents have visited or supported the child and any reasons why visitation or support has not occurred or has been infrequent;

(iv)     whether previous services should continue and whether additional services are needed to facilitate reunification, identifying the services and specifying the expected date for completion, which must be less than six months from the date of the order no longer than eighteen months from the date the child was placed in foster care;

(v)     whether return of the child can be expected and identification of the changes the parent must make in circumstances, conditions, or behavior to remedy the causes of the child's placement or retention in foster care;

(vi)     whether the child's foster care is to continue for a specified time and, if so, how long;

(vii)     if the child has attained the age of sixteen, the services needed to assist the child to make the transition to independent living;

(viii)     whether the child's current placement is safe and appropriate; and

(ix)     whether the department has made reasonable efforts to assist the parents in remedying the causes of the child's placement or retention in foster care.; and

(x)     the steps the department is taking to promote and expedite the adoptive placement and to finalize the adoption of the child, including documentation of child specific recruitment efforts.

(H)(I)     After the permanency planning hearing, if the child is retained in foster care, future permanency planning hearings must be conducted in accordance with this subsection.

If the child is retained in foster care and the agency is required to initiate termination of parental rights proceedings, the termination of parental rights hearing may serve as the next permanency planning hearing.

If the child is retained in permanent foster care with an identified caregiver, no further permanency planning hearings are necessary if the child is fourteen years of age or older.

If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a permanent plan for the child other than another extension for reunification purposes at the next permanency planning hearing. The hearing must be held on or before the date specified in the plan for expected completion of the plan; in no case may the hearing be held any later than six months from the date of the last court order. The court also must fulfill the remaining requirements of subsections (A) through (G)(H).

After the termination of parental rights hearing, the requirements of Section 20-7-1574 must be met. Permanency planning hearings must be held annually, starting with the date of the termination of parental rights hearing. No further permanency planning hearings may be required after filing a decree of adoption of the child.

If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative and a period of services and supervision is authorized, services and supervision automatically terminate on the date specified in the court order. Before the termination date, the department or the guardian ad litem may file a petition with the court for a review hearing on the status of the placement. Filing of the petition stays termination of the case until further order from the court. If the court finds clear and convincing evidence that the child will be threatened with harm if services and supervision do not continue, the court may extend the period of intervention for a specified time. The court's order shall specify the services and supervision necessary to reduce or eliminate the risk of harm to the child.

If the child is retained in foster care to pursue a plan of independent living, future permanency planning hearings must be held annually.

If the child is retained in foster care because of special needs or characteristics of the child as specified in subsection (F)(5), and the child is ten years of age or under, future permanency planning hearings must be held every six months to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.

If the child is retained in foster care because of special needs or characteristics of the child specified in subsection (F)(5) and the child is more than ten years of age, future permanency planning hearings must be held annually to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.

If the child is retained in foster care pursuant to a permanent plan other than termination of parental rights and adoption, reunification, custody or guardianship with an extended family member or suitable nonrelative, future permanency planning hearings must be held annually, unless the child is younger than ten years of age. Permanency planning hearings must be held every six months for children younger than ten years of age or children with a permanent plan of termination of parental rights and adoption who remain in the custody of the department.

(I)(J)     A supplemental report must be attached to a motion filed pursuant to subsection (A). The supplemental report and notice of the hearing must be served upon all named parties at least forty ten days before the hearing.

(J)(K)     A named party, the child's guardian ad litem, or the local foster care review board may file a motion for review of the case at any time. Any other party in interest may move to intervene in the case pursuant to the rules of civil procedure and if the motion is granted, may move for review. Parties in interest include, but are not limited to, the individual or agency with legal custody or placement of the child and the foster parent. The notice of motion and motion for review must be served on the named parties at least ten days before the hearing date. The motion shall state the reason for review of the case and the relief requested.

(K)(L)     The pendency of an appeal concerning a child in foster care does not deprive the court of jurisdiction to hear a case pursuant to this section. The court shall retain jurisdiction to review the status of the child and may act on matters not affected by the appeal."
SECTION     12.     Section 20-7-768(C) of the 1976 Code, as added by Act 391 of 1998, is amended to read:

"(C)     This section does not apply:

(1)     to a child for whom the family court has found that initiation of termination of parental rights is not in the best interests of the child, after applying the criteria of Section 20-7-766(C), (E), or (F)(D), (F), or (G) to select a permanent plan for the child from Section 20-7-766(C), (E), or (F)(D), (F), or (G), and that this finding and permanent plan constitute a compelling reason for not initiating termination of parental rights;

(2)     if the family court finds that the department has not afforded services to the parents provided for in the treatment placement plan approved pursuant to Section 20-7-764 in a manner that was consistent with the time periods in the plan, or that court hearings have been delayed in such a way as to interfere with the initiation, delivery, or completion of services, but only if:

(a)     the parent did not delay the court proceedings without cause or delay or refuse the services;

(b)     successful completion of the services in question may allow the child to be returned as provided for in Section 20-7-766(C)(D) within the extension period; and

(c)     the case is not one for which the court has made a determination that reasonable efforts to preserve or reunify the family are not necessary pursuant to Section 20-7-763."
SECTION     13.     Section 20-7-1572(7) of the 1976 Code, as last amended by Act 391 of 1998, is further amended to read:

"(7)     The child has been abandoned as defined in Section 20-7-490(21)(18);"
SECTION     14.     Section 20-7-1642 of the 1976 Code, as last amended by Act 391 of 1998, is further amended by adding at the end:

"(C)     This section does not prevent placement when a conviction or plea for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement or licensing decisions may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or unsuited to provide foster care services."
SECTION     15.     The 1976 Code is amended by adding:

"Section 20-7-2265.     When a provision of law or regulation provides for a criminal history background check in connection with licensing, placement, service as a volunteer, or employment with a child welfare agency, the provision of law or regulation may not operate to prevent licensing, placement, service as a volunteer, or employment when a conviction or plea of guilty or nolo contendere has been pardoned. However, notwithstanding the entry of a pardon, the department, child welfare agency, or employer may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited for licensing, placement, service as a volunteer, or employment."
SECTION     16.     Section 20-7-2725(A) of the 1976 Code, as last amended by Act 221 of 2000, is further amended by adding at the end:

"This section does not prevent employment or provision of caregiver services when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, an operator or the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or unsuited for employment or to provide caregiver services."
SECTION     17.     Section 20-7-2730(E) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prevent licensing when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator."
SECTION     18.     Section 20-7-2740(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prevent renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator."
SECTION     19.     Section 20-7-2800(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prevent approval when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited as an applicant or to be an operator, caregiver, or employee."
SECTION     20.     Section 20-7-2810(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not prevent renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited as an applicant or to be an operator, caregiver, or employee."
SECTION     21.     Section 20-7-2850(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not operate to prevent registration or renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator, caregiver, employee, or to be living in the family daycare home."
SECTION     22.     Section 20-7-2900(C) of the 1976 Code, as last amended by Act 220 of 2000, is further amended by adding at the end:

"This section does not prevent licensing or registration or renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator, caregiver, employee."
SECTION     23.     Section 20-7-3097(A) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not prevent employment when a conviction or plea for one of the crimes listed has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or unsuited for employment."
SECTION     24.     Section 20-7-3010 of the 1976 Code, as amended by Part II, Section 79A. G of Act 164 of 1993, is further amended to read:

"Section 20-7-3010.     The department is empowered to seek an injunction against the continuing operation of a child day care facility in the family circuit court having jurisdiction over the county in which the facility is located:

(1)     when a facility is operating without a license or statement of registration;

(2)     when there is any violation of this subarticle or of the regulations promulgated by the department which threatens serious harm to children in the child day care facility;

(3)     when an operator has repeatedly violated this subarticle or the regulations of the department."
SECTION     25.     Section 20-7-2920 of the 1976 Code is repealed.
Part III
SECTION     1.     The 1976 Code is amended by adding:

"Section 20-1-110.     No common law marriage entered into in this State after December 31, 2002, is valid. Otherwise valid common law marriages entered into before January 1, 2003, are not affected by this section and continue to be recognized in this State."
SECTION     2.     Section 20-1-360 of the 1976 Code is repealed.
Part IV
SECTION     1.     Section 2-1-180 of the 1976 Code is amended to read:

"Section 2-1-180.     The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriations Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."
Part V
SECTION     1A.     Whereas, the State of South Carolina believes it appropriate for school boards and school districts to permit graduating students to participate in graduation ceremonies by offering short opening or closing student messages, or both, in order to promote student freedom of expression and afford them the opportunity to contribute to their graduation ceremonies;

Whereas, the State of South Carolina believes it appropriate for school boards and school districts to permit students to participate in school athletic events by offering short opening or closing student messages, or both, in order to promote student freedom of expression and afford them the opportunity to contribute to school athletic events;

Whereas, the State of South Carolina is neutral with respect to the content of the student messages delivered, and requires the same neutrality of school boards and school districts acting under this bill;

Whereas, the State of South Carolina recognizes that "government may not coerce anyone to support or participate in religion or its exercise, or otherwise act in any way which 'establishes a [state] religion,'" see Lee v. Weisman, 505 U.S. 577, 587 (1992) (citation omitted), and does not intend by this bill to encourage or discourage religious, non-religious, or anti-religious expression;

Whereas, the General Assembly forbids school boards and school districts acting under this bill to recommend, monitor, review, or censor opening or closing student messages, accord Adler v. Duval Cty. Sch. Bd., 250 F.3d 1330, 1336-37 (11th Cir. 2001); and

Whereas, this bill does not signify the General Assembly's sense of the limits of constitutional law nor preempt school boards and school districts from exercising a constitutional right to permit more expansive student speech at school events, but represents a "safe harbor" which the State of South Carolina will defend.
SECTION     2.     This Part may be cited as the "South Carolina Student-Led Messages Act".
SECTION     3.     The 1976 Code is amended by adding:

"Section 59-1-441.     (A)     The governing body of a school board or school district may adopt a policy that permits any or all of the five graduating students with the highest academic standing at a high school to deliver a brief opening or closing message, or both, at the high school's graduation exercises.

(B)     If any or all of these students give an opening or closing message, or both, the content of that message must be prepared or selected by the student and may not be recommended, monitored, reviewed or censored by a member of the governing body of the school district, its officers, or employees."
SECTION     4.     The 1976 Code is amended by adding:

"Section 59-1-442.     (A)     The governing body of a school board or school district may adopt a policy that permits the captains of athletic teams at a high school, or their student designees, to deliver a brief opening or closing message, or both, at school-sponsored athletic events.

(B)     If the team captains or their student designees give an opening or closing message, or both, the content of that message must be prepared or selected by the student and may not be recommended, monitored, reviewed or censored by a member of the governing body of the school district, its officers, or employees."
SECTION     5.     If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this Part is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this Part, the General Assembly hereby declaring that it would have passed this Part, 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.
Part VI
SECTION     1.     The 1976 Code is amended by adding:

"Section 22-5-920.     (A)     As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.

(B)     Following a first offense conviction as a youthful offender, the defendant after fifteen years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the fifteen-year period following the first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section.

(C)     After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or another provision of law, except to those authorized law enforcement or court officials who need this information in order to prevent the rights afforded by this section from being taken advantage of more than once."
Part VII
SECTION     1.     This act takes effect upon approval by the Governor except Part III which takes effect January 1, 2003./
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY explained the amendment.

Rep. SCOTT requested debate on the Bill.

Rep. F. N. SMITH raised the Point of Order that the Bill was out of order in that it was in violation of Article 3, Section 17 of the South Carolina Constitution.
SPEAKER WILKINS stated that in accordance with previous House rulings in March of 1999 and May of 1988, and in accordance with Section 242 of Mason's Manual, it was not the Speaker's right to rule upon the constitutionality of a proposed Bill, as that authority belongs to the House unless the matter in question affected the procedure of the House. He therefore overruled the Point of Order.

Reps. LOFTIS, DAVENPORT, ALTMAN, MOODY-LAWRENCE, LLOYD, CAMPSEN, MARTIN, J. H. NEAL, EASTERDAY and HARRISON requested debate on the Bill.

The following Bill was taken up:

S. 970 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF NONPROFIT CHILDREN'S ADVOCACY CENTERS THROUGHOUT THE STATE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11773AC02), which was adopted:
Amend the bill, as and if amended, by deleting all after the title and before the enacting words.
Amend the bill further, by striking all after the enacting words and inserting:
/SECTION     1.     The 1976 Code is amended by adding:

"Section 20-7-495.     (A)     'Child abuse multidisciplinary resource center' means an entity that based on best practices assists in the coordination of the investigation of child sexual abuse and child physical abuse by providing as soon as available after receipt of the initial report:

(1)     neutral, child-friendly facilities for forensic interviews;

(2)     the coordination of services for children reported to have been abused; and

(3)     services including, but not limited to, staffing of multi-disciplinary teams, forensic medical examinations, mental health and related support services, court advocacy, consultation, and training.

(B)(1)     Child abuse multidisciplinary resource centers, which may be nonprofit corporations, should seek to establish professional relationships with governmental entities charged with the investigation, treatment, and prosecution of child abuse.

(2)     Child abuse multidisciplinary resource center records are confidential, except that relevant information may be released to investigatory and prosecuting agencies. In all other circumstances, information may be released only upon the written consent of a child's custodial parent or guardian or upon court order.

(3)     Staff and volunteers of a child abuse multidisciplinary resource center who act in good faith within the scope of their responsibilities and who are not guilty of gross negligence are immune from liability."
SECTION     2.     This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. SHEHEEN and EASTERDAY proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\ 11790AC02), which was adopted:
Amend the bill, as and if amended, by deleting Section 20-7-495(B)(2) and inserting:
/(2)     Child abuse multidisciplinary resource center records are confidential, except that relevant information may be released to investigatory and prosecuting agencies. In all other circumstances, information may be released only upon the written consent of a child's custodial parent or guardian, upon court order, or by subpoena unless otherwise prohibited by law.
Renumber sections to conform.
Amend totals and title to conform.

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

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

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

The following was received:

May 23, 2002
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

Berkeley County Master-in-Equity
Term Commencing: August 31, 2002
Term Expiring: November 7, 2002
Seat: Master-in-Equity
Vice: John B. Williams

Initial Appointment
Mr. Robert E. Watson
Post Office Box 118
Moncks Corner, South Carolina 29461
843-761-4888

Respectfully,
Jim Hodges
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The following was received:

May 28, 2002
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

Berkeley County Master-in-Equity
Term Commencing: November 7, 2002
Term Expiring: November 7, 2008
Seat: Master-in-Equity

Reappointment
Mr. Robert E. Watson
Post Office Box 118
Moncks Corner, South Carolina 29461
843-761-4888

Respectfully,
Jim Hodges
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The following was received:

Columbia, S.C., May 28, 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. 1157:

S. 1157 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN OCONEE COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 28, 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. 668:

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 28, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3515:

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

Very respectfully,
President
Received as information.

The following was introduced:

H. 5351 (Word version) -- Reps. Riser, Koon and Stuart: A HOUSE RESOLUTION CONGRATULATING HEAD COACH ROBBIE HUNTER AND THE REGION 3-AAAA CHAMPIONSHIP LEXINGTON HIGH SCHOOL WILDCATS ON THEIR SHUTOUT OF THE REGION 4-AAAA CHAMPS, THE RICHLAND NORTHEAST CAVALIERS, TO TAKE THE 2002 STATE BOYS' AAAA TENNIS TITLE, AND TO WISH THEM WELL AS THEY LOOK TO BUILD ON THAT FIRST-EVER CROWN IN THE FUTURE.

The Resolution was adopted.

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

H. 5352 (Word version) -- Rep. Riser: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO CONGRATULATE HEAD COACH ROBBIE HUNTER AND THE LEXINGTON HIGH SCHOOL WILDCATS BOYS' TENNIS TEAM ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THEIR WINNING OF THE 2002 STATE AAAA CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor of the South Carolina House of Representatives to Head Coach Robbie Hunter and the Lexington High School Wildcats Boys' tennis team on a date and at a time to be determined by the Speaker for the purpose of congratulating them on winning the 2002 State AAAA Championship.

The Resolution was adopted.

The following was introduced:

H. 5353 (Word version) -- Rep. Easterday: A HOUSE RESOLUTION CONGRATULATING THE LADY RAMS OF HILLCREST HIGH SCHOOL OF GREENVILLE COUNTY ON WINNING THE CLASS AAAA STATE CHAMPIONSHIP IN SOFTBALL FOR 2002.

The Resolution was adopted.

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

H. 5354 (Word version) -- Reps. Harvin, G. M. Smith and J. Young: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOLS STUDENT ASSOCIATION TO USE THE HOUSE CHAMBER ON TUESDAY, SEPTEMBER 24, 2002, FOR A MEETING OF THE ASSOCIATION.

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives authorize the South Carolina Independent Schools Student Association to use the House Chamber on Tuesday, September 24, 2002, for a meeting of the association. If the House is in statewide session, the House Chamber may not be used.

Be it further resolved that the use of the chamber by the South Carolina Independent Schools Student Association must be in strict accordance with the policies and rules of the House.

Be it further resolved that the Office of the Sergeant at Arms of the House shall provide assistance and access as necessary for this meeting in accordance with applicable procedures of the rules of the House of Representatives.
Be it further resolved that a copy of this resolution be forwarded to Alex Brammer, President of the South Carolina Independent Schools Student Association and the Honorable Mitchell G. Dorman, Sergeant at Arms of the House.

The Resolution was adopted.

The following was introduced:

H. 5355 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MERIE BRADSHAW KING OF CLARENDON COUNTY, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

The following was introduced:

H. 5356 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FAMILY AND MANY FRIENDS OF MR. JAMES "JIMMY" DAVID SULLIVAN OF TURBEVILLE WHO RECENTLY PASSED AWAY.

The Resolution was adopted.

The following Bill was taken up:

H. 5312 (Word version) -- Reps. Loftis, Allen, Cato, F. N. Smith and Vaughn: A BILL TO PROVIDE THAT PUBLIC FUNDS MAY BE USED TO OFFER COSMETOLOGY LICENSING PREPARATORY COURSES AT TWO PRIVATELY FUNDED AND ONE PUBLICLY FUNDED POST-SECONDARY SCHOOLS IN GREENVILLE COUNTY.

Rep. LOFTIS explained the Bill.
Reps. HASKINS, COBB-HUNTER, J. H. NEAL, HOWARD, KENNEDY, W. D. SMITH, WEEKS, SINCLAIR, CLYBURN, LLOYD, SNOW, HOSEY, R. BROWN, LOFTIS, DAVENPORT, J. R. SMITH and MOODY-LAWRENCE requested debate on the Bill.

The following Bill was taken up:

S. 1203 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5416DJC02), which was adopted:
Amend the bill, as and if amended, Section 50-11-10(B), in SECTION 1, page 1, line 42 after / waterfowl / by adding / more than fifteen minutes /.
When amended, Section 50-11-10(B) shall read:

/ (B)     If a person is convicted of one or more of the following offenses, he must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days In addition, it is unlawful to:

(1)     trespassing to hunt trespass while hunting waterfowl;

(2)     hunting take or attempt to take waterfowl over bait;

(3)     shooting waterfowl over bait take or attempt to take waterfowl more than fifteen minutes before or after regularly designated hunting hours;

(4)     hunting waterfowl more than fifteen minutes before or after regularly designated hunting hours;

(5)(4)     possessing possess more than one waterfowl over the legal limit;

(6)(5)     hunting hunt waterfowl out of season. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. OTT 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. 1087 (Word version) -- Senator Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-1-15, SO AS TO PROVIDE THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DD 214 ON FILE IN THE OFFICE OF THE CLERK OF COURT IS NOT A PUBLIC RECORD AND MUST NOT BE DISCLOSED OR RELEASED EXCEPT TO THE PERSON WHO IS THE SUBJECT OF THE DD 214, UPON PROOF OF IDENTITY SHOWN.

Rep. CHELLIS proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11803AC02), which was adopted:
Amend the bill, as and if amended, Section 30-15-60(C)(2)(a) page 2, line 13 before the /;/ by inserting:
/, or his designee /
Renumber sections to conform.
Amend totals and title to conform.

Rep. HARRISON 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. 1047 (Word version) -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1035 SO AS TO PERMIT THE SAMPLING OF WINES CONTAINING OVER SIXTEEN PERCENT BY VOLUME OF ALCOHOL, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE UNDER CERTAIN CONDITIONS.

Reps. HARRISON, J. YOUNG, FLEMING, ALTMAN, G. M. SMITH, HAYES, TALLEY, KIRSH, MERRILL, DAVENPORT, JENNINGS, HOSEY, ALLISON, SANDIFER, MOODY-LAWRENCE, RISER, WALKER, EDGE, WITHERSPOON, OTT, WILDER, LITTLEJOHN, BINGHAM and SINCLAIR requested debate on the Bill.

The following Bill was taken up:

S. 934 (Word version) -- Senator Hayes: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.

Reps. HARRISON, J. YOUNG, ALTMAN, DAVENPORT, LOFTIS and FLEMING requested debate on the Bill.

The following Bill was taken up:

S. 1096 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.

Reps. WITHERSPOON, KOON, RHOAD and FRYE proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\ 5435DJC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION     1.     Section 50-11-140 of the 1976 Code, as last amended by Act 473 of 1994, is further amended to read:

"Section 50-11-140.     (A)     During a period in which raccoons, opossums, or fox are allowed to be hunted without weapons, it is unlawful to take, attempt to take, or hunt the animals when carrying on one's person or in one's vehicle a firearm.
(B)     Notwithstanding another provision of law, it is lawful to run raccoons with dogs at any time during the year."
SECTION     2.     This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. OTT explained the amendment.

Reps. ALTMAN, KEEGAN, LOFTIS, TRIPP and SIMRILL requested debate on the Bill.

The following Bill was taken up:

S. 830 (Word version) -- Senators Giese, Hayes, Courson and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-65 SO AS TO PROVIDE THAT STATE AND LOCAL OFFICERS AND EMPLOYEES ARE ENTITLED TO CERTAIN PAID LEAVES OF ABSENCE IN ORDER TO BE AN ORGAN DONOR.

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

The following Bill was taken up:

S. 419 (Word version) -- Senators Pinckney, Drummond, Matthews, J. V. Smith, Passailaigue, Ford, Glover, McConnell, Grooms and Jackson: A BILL TO AMEND SECTIONS 4-10-330, AS AMENDED, 4-10-340, AND 4-10-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION AND REVENUE USES, TAX IMPOSITION AND TERMINATION, AND REVENUE DISTRIBUTION UNDER THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO SPECIFICALLY AUTHORIZE THE TAX REVENUE TO BE USED TO PAY DEBT SERVICE ON BONDS ISSUED TO FUND THE APPROVED PROJECTS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THE TAX THROUGH THE QUARTER IN WHICH THE COUNTY CERTIFIES THAT NO BONDS REMAIN OUTSTANDING, TO PROVIDE THAT THE REFERENDUM QUESTION APPROVING A PROJECT MAY BE REVISED TO INCLUDE THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED FOR THE PROJECT WITH THE SOURCE TO PAY THE BONDS IF THE SALES TAX REVENUE IS INSUFFICIENT, TO PROVIDE THAT A QUESTION SO REVISED CONSTITUTES AN AUTHORIZATION TO ISSUE THE BONDS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS ON THE USES OF QUARTERLY DISTRIBUTIONS OF THESE TAX REVENUES, AND TO PROVIDE FOR THE USE OF THESE REVENUES FOR THE REPAYMENT OF BONDS WHEN THE REQUIRED REFERENDUM AND REFERENDUM APPROVAL OCCURRED BEFORE THE EFFECTIVE DATE OF THIS ACT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9203HTC02):
Amend the bill, as and if amended, by adding the following new SECTIONS to read:
/ SECTION     __.     A.     Chapter 10, Title 4 of the 1976 Code is amended by adding:

Section 4-10-710.     This article may be cited as the 'Municipal Capital Project Sales Tax Act'.

Section 4-10-720.     Subject to the requirements of this article, the municipal governing body may impose a one percent sales and use tax by ordinance, subject to a referendum, within the municipality for a specific purpose or purposes and for a limited amount of time to collect a limited amount of money. The revenues collected pursuant to this article may be used to defray debt service on bonds issued to pay for projects authorized in this article.

Section 4-10-730.     The governing body of a municipality must consider proposals for funding capital projects within the municipality and formulate the referendum question that is to appear on the ballot pursuant to Section 4-10-740(D).

Section 4-10-740.     (A)     The sales and use tax authorized by this article is imposed by an enacting ordinance of the municipal governing body containing the ballot question formulated by its governing body pursuant to Section 4-10-730, subject to referendum approval in the municipality. The ordinance must specify:

(1)     the purpose for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the municipality and may include the following types of projects:

(a)     highways, roads, streets, and bridges;

(b)     administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;

(c)     cultural, recreational, or historic facilities, or any combination of these facilities;

(d)     water, sewer, or water and sewer projects;

(e)     flood control projects and storm water management facilities;

(f)     jointly operated projects of the municipality, county, special purpose district, and school district, or any combination of those entities, for the projects delineated in subitems (a) through (e)     of this subsection; or

(g)     any combination of the projects described in subitems (a) through (f) of this item;

(2)     the maximum time, stated in terms of calendar or fiscal years or quarters, or a combination thereof, not to exceed seven years from the date of imposition, for which the tax may be imposed;

(3)     the maximum cost of the project or facilities funded from proceeds of the tax and the maximum amount of net proceeds to be raised by the tax; and

(4)     any other condition precedent, as determined by the commission, to the imposition of the sales and use tax authorized by this article or condition or restriction on the use of sales and use tax revenue collected pursuant to this article.

(B)     When the tax authorized by this article is imposed for more than one purpose, the enacting ordinance must set forth the priority in which the net proceeds are to be expended for the purposes stated. The enacting ordinance may set forth a formula or system by which multiple projects are funded simultaneously.

(C)     Upon receipt of the ordinance, the municipal election commission must conduct a referendum on the question of imposing the sales and use tax in the municipality. A referendum for this purpose must be held at the time of the general election. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. This notice is in lieu of any other notice otherwise required by law.

(D)     The referendum question to be on the ballot must read substantially as follows:

'Must a special one percent sales and use tax be imposed in (municipality) for not more than (time) to raise the amounts specified for the following purposes?

(1)     $________ for __________

(2)     $________ for __________

(3)     etc.

Yes     []

No     []'

(E)     All qualified electors desiring to vote in favor of imposing the tax for the stated purposes shall vote 'yes' and all qualified electors opposed to levying the tax shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this article and the enacting ordinance. A subsequent referendum on this question must be held on the date prescribed in subsection (C). The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than November thirtieth to the municipal governing body and to the Department of Revenue.

(F)     Upon receipt of the returns of the referendum, the municipal governing body, by resolution, must declare the results of the referendum. In this event, the results of the referendum, as declared by resolution of the municipal governing body, are not open to question except by a suit or proceeding instituted within thirty days from the date the resolution is adopted.

Section 4-10-750.     (A)     If the sales and use tax is approved in the referendum, the tax is imposed on the first of May following the date of the referendum. If the certification is not timely made to the Department of Revenue, the imposition is postponed for twelve months.

(B)     The tax terminates on the earlier of:

(1)     the final day of the maximum time period specified for the imposition; or

(2)     the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the net proceeds equal to or greater than the amount specified in the referendum question.

(C)     Amounts collected in excess of the required net proceeds must first be applied, if necessary, to complete a project for which the tax was imposed; otherwise, the excess funds must be credited to the general fund of the municipality.

Section 4-10-760.     (A)     The tax levied pursuant to this article must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe amounts that may be added to the sales price because of the tax.

(B)     The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.

(C)     A taxpayer required to remit taxes under Article 13, Chapter 36 of Title 12 must identify the municipality in which the personal property purchased at retail is stored, used, or consumed in this State.

(D)     A utility is required to report sales in the municipality in which the consumption of the tangible personal property occurs.

(E)     A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one municipality, must report separately in his sales tax return the total gross proceeds from business done in each municipality.

(F)     The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this article in a municipality, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the sales and use tax provided in this article if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition date of the sales and use tax provided for in this article.

(G)     Notwithstanding the imposition date of the sales and use tax authorized pursuant to this chapter, with respect to services that are billed regularly on a monthly basis, the sales and use tax authorized pursuant to this article is imposed beginning on the first day of the billing period beginning on or after the imposition date.

Section 4-10-770.     The revenues of the tax collected under this article must be remitted to the Department of Revenue and placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of any refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the municipal treasurer and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer may correct misallocations by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocations. However, allocations made as a result of city or county code errors must be corrected prospectively.

Section 4-10-780.     The Department of Revenue shall furnish data to the State Treasurer and to the municipal treasurers receiving revenues for the purpose of calculating distributions and estimating revenues. The information that must be supplied to municipalities upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.

Section 4-10-790.     Annually, and only in the month of June, funds collected by the department from the municipal option capital project sales tax, which are not identified as to the governmental unit due the tax, must be transferred, after reasonable effort by the department to determine the appropriate governmental unit, to the State Treasurer's Office. The State Treasurer shall distribute these funds to the municipal treasurer and the revenues must be used only for the purposes stated in the imposition ordinance."
B.     Notwithstanding any other effective date provided in this act, this section takes effect upon approval of this act by the Governor.
SECTION     __.     A.Section 12-21-3920(4) and (6) of the 1976 Code are amended to read:

"(4)     'Promoter' means an individual, corporation, partnership, or organization licensed as a professional solicitor by the Secretary of State who is hired by a nonprofit organization to manage, operate, or conduct the licensee's bingo game. The person hired under written contract is considered the promoter.

(6) 'Session' means a consecutive series of games which must occur only between one o'clock p.m. and one o'clock a.m the hours of 12:00 p.m. and 2:00 a.m. No more than one session may occur during the permitted twelve-hour period. These limitations do not apply to games operated by state or county fairs."
B.     Section 12-21-3920 is amended by adding at the end:

"(20)     'Electronic dabber' means a hand-held electronic device that allows a player to store, display, and mark a bingo card face. All systems and electronic dabbers must be tested and approved by an independent testing facility to be determined by the department.

(21)     'Electronic dabber bingo ticket' means a perforated two-part ticket bearing a sequential serial ticket number bearing the South Carolina State Seal, denomination, and the department's license number. The ticket must have designated blanks for entry of the date sold and electronic dabber unit supplied. Electronic dabber bingo tickets must be printed and sold only by distributors of bingo paper licensed by the department.

(22)     'Site system' means a computer accounting system commonly referred to as a point of sale system used in conjunction with electronic dabbers. This computer software is used at a site by an organization that allows an electronic dabber bingo ticket purchased from a license distributor to be downloaded to electronic dabbers, accounts for gross proceeds, and provides accounting information on all activity for one year from the end of the quarter in which the activity occurred. All systems and electronic dabbers must be tested and approved by an independent testing facility to be determined by the department."
C.     Section 12-21-3950(B) of the 1976 Code is amended to read:

"(B)     Upon application for a license, the department has thirty forty-five days to approve or reject the application based on the requirements of this article."
D.     Section 12-21-3970 of the 1976 Code is amended to read:

"Section 12-21-3970.     For each licensed nonprofit organization the promoter manages, operates, or conducts bingo, the promoter must purchase a promoter's license as provided in Section 12-21-3950 before operating or conducting bingo. No A promoter is not permitted more than five fifteen licenses. This license must be prominently displayed at the location where bingo is conducted."
E.     Section 12-21-3990(A)(1), (2), and (4) of the 1976 Code are amended to read:

"(1)     Bingo is played by more than one player and a caller who is associated with the house. Each player must pay no more than face value for each card to be played during the course of a game and may purchase the card for a specified number of games. All cards sold for a game must sell for face value and cards may not be given to players as prizes or for free. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept an additional payment or consideration by the player in order to complete the specified number of games.

(2)     Before each game begins, the caller shall announce to the players the configuration or configurations that will win the game. A configuration consists of a number of grids covered in the manner announced by the caller. Any method of playing the games is allowed if the method is announced before each game game's beginning including, but not limited to, wild card games. In addition, at the conclusion of each game, the prize, specifically stating the dollar amount or value of merchandise awarded to the winner or winners for the game completed, must be announced before the next game begins.

(4)     The caller shall draw and announce numbers from the cage one at a time. If a player has a card with the called number on it, he may use a marker or electronic dabber to cover the square which contains the number. After the number is announced, it must be indicated on the master-board by the caller."
F.     Section 12-21-4000(8) of the 1976 Code is amended to read:

"(8)     The prize must be awarded to the first person who successfully achieves the winning configuration of covered squares. All winning configurations must be verified using an electronic verifying system and must be displayed on the monitor for all players to see."
G.     Section 12-21-4000(12)(b) of the 1976 Code is amended to read:

"(b)     A bingo operation may take in only two times more in gross proceeds than the prize for that session averaged on a quarterly basis. Amounts in excess of this limit are subject to a tax, in addition to any other bingo license taxes and fees equal to the amount of the excess. Each session that the gross proceeds are greater than twice the prize amounts paid constitutes a separate offense if the tax is unpaid. These excess proceeds tax must be remitted to the department on the organization's quarterly bingo report and distributed as provided in Section 12-21-4190. Failure to remit this excess proceeds tax to the department shall result in immediate suspension of both the promoter's license and the organization's license. The department, after a conference with the promoter and organization, may permanently revoke the license of the promoter or the nonprofit organization, or both. If permanently revoked, the promoter, nonprofit organization, or any partner or member of the organization may no longer manage, conduct, or assist in any manner with a bingo operation in this State."
H.     Section 12-21-4000 of the 1976 Code is amended by adding at the end:

"(15)     The house may hold promotions of special events during a session offering players prizes other than from the play of bingo not to exceed one hundred dollars in cash or merchandise for each session. This amount is not to be paid out of the bingo account and is not included in total payouts for a session. There is no additional charge to players to participate in a special promotion. The promotion must not be a form of gambling or a game of chance."
I.     Section 12-21-4020(2) and (3) of the 1976 Code are amended to read:

"(2)     CLASS B:     An organization operating a bingo game offering prizes, which do not exceed eight twelve thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than three six bingo sessions a week.

(3)     CLASS C:     An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session shall obtain a Class C bingo license at no cost. However, the organization may offer a prize in cash or merchandise of no more than one hundred fifty dollars for six jackpot games a session. The department, in its discretion, may allow certain Class C licenses to use hard bingo cards in lieu instead of the paper cards required by this article. An organization operating a Class C bingo game must not exceed gross proceeds of one hundred thousand dollars a calendar quarter. If the gross bingo proceeds for any calendar quarter exceed one hundred thousand dollars, the organization is required to notify the department within ten days by making application for a Class G license.

Once the organization exceeds the limit of one hundred thousand dollars, the organization is subject to tax on the dollar face value of each card at the rate of nine and one-half percent. At the time that a Class G license is issued by the department, an audit of the organization must be conducted to determine any tax owed during the interim operating period from the time the limits were exceeded until the time the Class G license was issued by the department.

To qualify to play on hard cards, a bingo game conducted by a Class C license must meet the following criteria:

(a)     be operated solely by volunteers;

(b)     the person managing, conducting, or operating the bingo game may must not be paid or otherwise be compensated and must be a designated member of the organization;

(c)     remuneration, (including wages or other compensation), may must not be made to any individual or corporation;

(d)     all equipment used to operate a game of bingo, including chairs, tables, and other equipment, must be owned by the charity;

(e)     the organization must may lease the building directly from the owner of the building or own the building in which the game of bingo is played. The organization may not lease or sublease the building from a person who is not the owner;

(f)     the only expenses allowed to be paid from the proceeds of the game are utility bills, prizes, purchases of cards, payments for the lease of a building, purchases of equipment required to operate a game of bingo, and the charitable purposes of the organization; and

(g)     one hundred percent of the net proceeds from the operation of the game must be used for charitable purposes."
J.     Section 12-21-4020 of the 1976 Code is amended by adding at the end:

"(7)     CLASS G:     An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session and whose gross receipts exceed one hundred thousand dollars a calendar quarter shall obtain a Class G license at a cost of three hundred dollars. However, the organization may offer a prize in cash or merchandise of not more than one hundred fifty dollars for ten jackpot games a session."
K.     Section 12-21-4080(A) of the 1976 Code is amended to read:

"(A)     Upon completion of the session, the promoter or the organization member representative shall deliver to the representative member of the organization deposit the gross proceeds from the session less the amount paid out as prizes and collected as entrance fees into the bingo checking account. If the promoter is authorized by the organization to make the session deposit, the promoter shall deliver to the organization representative evidence that the deposit was made in a timely manner. This evidence must be furnished no later than the next business day following the day of the bingo session on which the proceeds were obtained."
L.     Section 12-21-4090(C) of the 1976 Code is amended to read:

"(C)     An organization receiving an annual license to conduct bingo shall establish and maintain one regular checking account designated the 'bingo account' and also may maintain an interest-bearing savings account designated the 'bingo savings account'. All funds derived from the conduct of bingo, less the amount awarded as cash prizes, must be deposited in the bingo account. No Other funds may not be deposited in the bingo account, unless there is a deficit, and then both the organization and promoter shall deposit a loan equal to fifty percent of the deficit. Each loan deposited into the bingo checking account must be accounted for on the quarterly financial reports filed with the department. Detailed information substantiating these loans must be maintained by the organization. Deposits must be made no later than the next business day following the day of the bingo occasion on which the receipts were obtained. All accounts must be maintained in a financial institution in this State."
M.     Section 12-21-4120 of the 1976 Code is amended to read:

"Section 12-21-4120.     A person who is found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request. Any organization or promoter seeking clarification on the play of or operation of a bingo game shall submit to the department's bingo regulatory section a written request seeking a determination as to whether or not a certain or specific action constitutes a violation. A conference may be requested upon the receipt of the clarification request. Any organization or promoter found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request."
N.     Section 12-21-4150 of the 1976 Code is amended to read:

"Section 12-21-4150.     A person who poses as a bingo player, or a person who conspires to have a person pose as a bingo player with the intent to defraud regular customers of the game, or a person who is using unauthorized bingo supplies, or a person using counterfeit electronic dabber bingo tickets is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both."
O.     Section 12-21-4190(A) of the 1976 Code is amended to read:

(A)     The department shall charge and retain sixteen and one-half cents for each dollar of face value for each bingo card sold for AA, B, D, and E licenses. The department shall charge and retain five cents for each dollar of face value for each bingo card sold to an F license. There shall be no charge for a C license. There is a charge of nine and one-half cents for each dollar of face value for each bingo card sold to a G license. For any holder of a Class G license that is charged nine and one-half cents for each dollar of face value for each bingo card sold, a distribution in the amount of four and twenty-nine hundredths percent of total face value of bingo cards purchased must be distributed back to the sponsoring organization for which the bingo cards were purchased."
P.     Section 12-21-4210 of the 1976 Code is amended to read:

"Section 12-21-4210.     Bingo cards may not be sold or transferred between licensed organizations, between distributors, or between manufacturers. All unused bingo cards may be returned to the department for refund and destruction. For any Class C paper in inventory at the time that the organization applies for a Class G license and begins to pay tax, a department agent shall inventory any untaxed paper and conduct an examination of books and records from the point of time that the game exceeded one hundred thousand dollars and an assessment must be issued on the dollar face value of each card and the tax must be paid within fifteen days from the date of the assessment. The department is required to refund only the amount retained by the department previously based on the face value of each card and does not include the manufacturer's price or transportation charges to the consignee at destination and such additional charges. If an organization operating a bingo game ceases operation within fifteen days from the purchase of the last voucher and the voucher remains outstanding, the department shall accept the returned paper and credit the value of returned paper against the outstanding voucher. The organization then shall pay the balance of the voucher less the value of returned paper."
Q.     Section 12-21-4270 of the 1976 Code is amended to read:

"Section 12-21-4270.     Each licensed nonprofit organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by check, certified check, any electronic method, or cash within fifteen days of receipt of the application. If payment is made by check and the check is returned by the bank for any reason, the organization or promoter then is required to make payment to the department by certified funds for the remainder of the time that the bingo session is in operation. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit organizations or promoters. A quarterly return is required by each manufacturer, distributor, and licensed nonprofit organization or promoter on or before the last day of the month following the close of the calendar quarter, outlining those items the department determines necessary to verify the sale and distribution of bingo cards. The sale of bingo cards and entrance fees provided by Section 12-21-4030 are not subject to the admissions tax provided by Section 12-21-2420."
R.     The 1976 Code is amended by adding:

"Section 12-21-4005.     (A)     A site system and an electronic bingo dabber must meet the following specifications:

(1)     A site system must:

(a)     record a nonresetable electronic consecutive six digit receipt number for each transaction;

(b)     issue a player a receipt for each transaction containing:

(i)     name of a site or organization;

(ii)     date and time of the transaction;

(iii)     number of electronic bingo card images downloaded;

(iv)     selling price of a card or package, gross proceeds, and receipt number; and

(v)     serial number of device issued to a player;

(c)     print a summary report for each session containing:

(i)     date and time of the report;

(ii)     name of site;

(iii)     date of the session;

(iv)     sequential session number;

(v)     number of transactions;

(vi)     number of voided transactions;

(vii)     number of electronic bingo card images downloaded;

(viii)     number of devices used;

(ix)     total gross proceeds; and

(x)     any other information required by the department.

(2)     An electronic dabber:

(a)     must be a portable hand-held unit and may not be wired directly to a site system;

(b)     may not have more than one hundred forty-four faces to be played each game when used in a Class B game and not more than two hundred eighty-eight faces to be played each game when used in a Class AA game;

(c)     must require a player to manually enter each bingo number called by using an input function key;

(d)     shall display a player's best card or a winning card and alert only that player through an audio or video method, or both, of that result;

(e)     must automatically erase all stored cards at the end of the last game of a session or when the device is turned off; and

(f)     must be downloaded with new cards at the beginning of each session.

(B)     The department's representative may examine and inspect a site system, electronic bingo dabber, and related equipment. The examination and inspection must include immediate access to the electronic dabber and unlimited inspection of all parts, equipment, and associated systems.

(C)     A player may exchange a defective electronic dabber for another provided a disinterested player verifies that the electronic dabber is not functioning. A disinterested player also shall verify that no numbers called for the game in progress have been keyed into the replacement electronic dabber before the exchange.

(D)     Before a player uses an electronic dabber, he must purchase an electronic dabber bingo ticket from the house which entitles the player to mark his cards electronically rather than using paper cards and marking them manually.

(E)     The electronic dabber ticket as defined in Section 12-21-3920(22) is perforated and allows both the player and the house to retain a copy. The ticket must be sold at face value. The cards must be purchased on a bingo voucher only from a distributor licensed in this State.

(F)     After completion of each session, the organization shall generate an activity report containing the number of electronic dabbers used in the session along with the house receipts for each electronic dabber bingo tickets sold. This report must be printed and maintained with the daily reports of the bingo session held."
S.     Notwithstanding any other effective date in this act, this section takes effect October 1, 2002. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. R. SMITH explained the amendment.

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

The following Bill was taken up:

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

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9202HTC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION     __.     Section 12-6-3470(B) of the 1976 Code is amended to read:

"(B)     In addition to the credits provided for in subsection (A) and Section 12-6-3360, an employer who employs a person who received Family Independence payments within this State for three months immediately preceding the month the person becomes employed and employs that person to work full time in a distressed county or a least developed county, as defined in Section 12-6-3360, is allowed a credit in an amount equal to one hundred seventy-five dollars for each full month during the first thirty-six months of employment." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. R. SMITH 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. 873 (Word version) -- Senators Glover, Ford, McGill, Anderson, Patterson, O'Dell, Hutto, Land, Short, Holland, Leventis and Moore: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO PROVIDE FOR UNIFORM FEE INCREASES; TO AMEND SECTION 12-24-90, RELATING TO THE CALCULATION OF THE DOCUMENTARY STAMP FEES, SO AS TO INCREASE THE COUNTY'S PORTION OF THE DOCUMENTARY STAMP FEE.

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.

Rep. TRIPP withdrew his request for debate on the following Bill, whereupon a request for debate was raised by Rep. J. BROWN:

S. 1096 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.

Rep. HARRISON withdrew his request for debate on S. 1208; however, other requests for debate remained on the Bill.

Rep. SHEHEEN withdrew his request for debate on S. 252; however, other requests for debate remained on the Bill.

Reps. EASTERDAY, J. H. NEAL and MOODY-LAWRENCE withdrew their requests for debate on S. 1208; however, other requests for debate remained on the Bill.

On motion of Rep. BINGHAM, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 1288 (Word version) -- Senators Setzler, Knotts and Bauer: 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.

Reps. MARTIN and SCOTT, with unanimous consent, withdrew their requests for debate on the following Bill:

S. 1208 (Word version) -- Judiciary Committee: A BILL TO ENACT "STEPHANIE'S LAW"; TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT AND TO REQUIRE THE DEPARTMENT TO MAINTAIN A RECORD OF INFORMATION RECEIVED THAT IS NOT INVESTIGATED; TO AMEND SECTION 20-7-650, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO RE-CATEGORIZE UNFOUNDED REPORTS; TO AMEND SECTION 20-7-655, RELATING TO THE CHILD PROTECTIVE SERVICES APPEALS PROCESS, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN RECORDS BE PURGED; AND TO AMEND SECTION 20-7-680, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT MUST NOT CONTAIN INFORMATION FROM REPORTS CLASSIFIED AS UNFOUNDED.

Rep. SCOTT, with unanimous consent, withdrew his request for debate on S. 252; however, other requests for debate remained on the Bill.

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

S. 721 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.

Rep. LLOYD, with unanimous consent, withdrew his request for debate on the following Bill:

S. 1208 (Word version) -- Judiciary Committee: A BILL TO ENACT "STEPHANIE'S LAW"; TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT AND TO REQUIRE THE DEPARTMENT TO MAINTAIN A RECORD OF INFORMATION RECEIVED THAT IS NOT INVESTIGATED; TO AMEND SECTION 20-7-650, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO RE-CATEGORIZE UNFOUNDED REPORTS; TO AMEND SECTION 20-7-655, RELATING TO THE CHILD PROTECTIVE SERVICES APPEALS PROCESS, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN RECORDS BE PURGED; AND TO AMEND SECTION 20-7-680, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT MUST NOT CONTAIN INFORMATION FROM REPORTS CLASSIFIED AS UNFOUNDED.

Rep. LOURIE asked unanimous consent to recall H. 5346 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

Rep. BALES, with unanimous consent, withdrew his request for debate on the following Bill:

S. 252 (Word version) -- Senators Hayes, Branton, Alexander, Ravenel, Leatherman, Grooms, J. V. Smith, Peeler, Giese, Wilson, Gregory, Hawkins, Ritchie and Fair: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.

The motion of Rep. HARRISON to reconsider the vote whereby the following Bill was continued 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.

Rep. HARRISON moved to table the motion to reconsider, which was agreed to.

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

H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.

Rep. CATO proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\AMEND\11811AC02), which was adopted:
Amend the bill, as and if amended, by deleting Article 2, beginning on page 6, line 36 through page 9, line 26 and inserting:

Section 27-50-210.     This article may be cited as the 'South Carolina Vacation Rental Act'.

Section 27-50-220.     (A)     This article applies to any rental management company acting on behalf of an owner or to any other persons or entities otherwise engaged in the renting or managing of residential property for vacation rental as defined in this article.

(B)     This article does not apply to:

(1)     lodging provided by hotels, motels, tourist camps, or campgrounds subject to regulation under Title 45, including hotels, motels, or condominiums with multiple owners owning and managing individual units or groups of units that rent units on a daily basis or longer, and provide a front desk or office for customer service, or provide a centralized telephone system, or provide housekeeping services at no additional charge;

(2)     any vacation timesharing accommodation as defined by Section 27-32-10(7) and (8);

(3)     rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.

Section 27-50-230.     As used in this article:

(1)     'Residential property' means an apartment, condominium, single family home, townhouse, cottage, or other property devoted to residential use or occupancy by one or more persons for a definite or indefinite period.

(2)     'Rental management company' means a licensed property manager-in-charge or broker-in-charge and their associates and employees who manage vacation rentals.

(3)     'Vacation rental' means the lease, sublease, or other rental of residential property for a period of fewer than ninety days, except that it does not include rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.

(4)     'Vacation rental agreement' means a written agreement between an owner or the owner's rental management company and a tenant, in which the tenant rents residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles.

(5)     'Vacation rental management agreement' means a written agreement between an owner and the owner's rental management company, in which the rental management company manages residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles.

Section 27-50-240.     (A)     An owner or rental management company and tenant shall use a written vacation rental agreement for all vacation rentals subject to the provisions of this article. No vacation rental agreement is valid and enforceable unless the tenant has accepted the agreement as evidenced by at least one of the following:

(1)     the tenant's signature on the vacation rental agreement, including electronic signatures transmitted over the internet or other similar medium;

(2)     the tenant's payment of any monies towards the vacation rental agreement;

(3)     the tenant's taking possession of the property subject to the vacation rental agreement.

(B)     A rental management company in a vacation rental agreement shall place in a trust account conforming with the requirements of Section 40-57-135(B) any monies received from the tenant. The rental management company may require the tenant to pay all or part of any required rent, security deposit, or other fees in advance of the tenancy. The terms of these advanced payments, which may be nonrefundable, must be stated in the vacation rental agreement.

(C)     A rental management company that executes a vacation rental agreement that does not conform to the provisions of this article or fails to execute a vacation rental agreement is subject to disciplinary action by the South Carolina Real Estate Commission under Section 40-57-145.

(D)     A rental management company has a duty to inform each owner under contract with the rental management company of the owner's obligations under this section. If the rental management company has performed this duty, the rental management company is not liable for the owner's refusal or failure to comply with the requirements of this article. Nothing in this section may be construed to conflict with, or alter, the rental management company's duties under the rules and regulations of the South Carolina Real Estate Commission.

Section 27-50-250.     (A)     The grantee of residential property subject to a vacation rental shall take title subject to the vacation rental agreement and the vacation rental management agreement for all vacation rental periods that begin no later than ninety days after the date the grantee's interest is recorded in the office of the register of deeds. If the vacation rental begins more than ninety days after the recording of the grantee's interest, then no party has the right to enforce the terms of the vacation rental agreement or occupancy provided for in the agreement, but the tenant is due a refund of any payments towards the agreement within forty-five days of the recording of the transfer of interest.

(B)     Before ratification of any contract of sale, the grantor shall disclose to the grantee in writing all future time periods that the property is subject to a vacation rental. Not later than fourteen consecutive days after entering into a contract of sale or transfer of interest, whichever is earlier, the grantor shall disclose in writing to the rental management company the grantee's name and address. Not later than fourteen consecutive days after the date of the transfer of interest, the grantor shall disclose in writing to the rental management company the grantee's name, address, and date the transfer of interest was recorded. A grantor or grantee who knowingly violates or fails to perform any duty prescribed by any provision of this article is liable for actual damages proximately caused to the tenant and court costs. The court may award reasonable attorney fees incurred by the prevailing party. No action may be brought against an owner or rental management company by a tenant for any damages or injuries that occur as a result of property defects of which an owner or rental management company had no actual knowledge.

Section 27-50-260.     If state or local authorities order a mandatory evacuation of an area that includes a residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order.

Section 27-50-270.     Failure by the owner to disclose the existence of a vacation rental agreement to the purchaser, closing attorney, lender, or title insurer does not:

(1)     void the sales agreement;

(2)     create an encumbrance or defect in title; or

(3)     create a cause of action against the purchaser, closing attorney, lender, or title insurer for failure to discover the existence of the vacation rental agreement."/
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. CATO and COOPER proposed the following Amendment No. 3A (Doc Name COUNCIL\BBM\AMEND\9216HTC02), which was adopted:
Amend the bill, as and if amended, by striking Section 12-43-220(c)(6) as contained in SECTION 1, page 1, and inserting:

/ "(6)     Notwithstanding any other provision of law, a purchaser who purchases a residential property intending that the property shall become the purchaser's primary residence, but subject to vacation rentals as provided for in Title 27, Chapter 50, Article 2 for no longer than ninety days, may apply for the four percent assessment ratio when the purchaser actually occupies the property. If the owner actually occupies the residence within ninety days of acquiring ownership, the four percent assessment ratio, if the owner is otherwise qualified, applies retroactively to the date ownership was acquired." /
Renumber sections to conform.
Amend title to conform.

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

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

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

S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.

Rep. HARRELL moved to adjourn debate upon the Senate Amendments until Wednesday, May 29, which was agreed to.

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

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

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.

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

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.

Rep. CATO explained the Senate Amendments.

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

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

H. 4416 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J. R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Jennings, Meacham-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D. C. Smith, Sinclair, J. Young, Owens, White, Martin, Trotter, Harrell, Quinn, Huggins, Battle, Miller, Delleney, Harvin, Barrett, Emory, Knotts, Riser and Bales: A BILL TO ENACT THE SOUTH CAROLINA "OMNIBUS TERRORISM PROTECTION AND HOMELAND DEFENSE ACT OF 2002" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PROVIDE MATERIALS OR RESOURCES IN SUPPORT OF TERRORIST, TERRORIST ORGANIZATIONS, OR INTERNATIONAL TERRORISM, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD VIOLATION OF ANTI-TERRORISM LAWS TO THE LIST OF STATUTORY AGGRAVATING CIRCUMSTANCES; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO PROVIDE THAT INTRODUCING A COMPUTER VIRUS, COMPUTER WORM, OR ANY OTHER DAMAGING PROGRAM INTO A COMPUTER SYSTEM IS A COMPUTER CRIME; TO AMEND SECTION 16-23-750, RELATING TO COMMUNICATING THREATS RELATING TO USE OF EXPLOSIVE, INCENDIARY, OR DESTRUCTIVE DEVICES, SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES FOR A VIOLATION OF THIS SECTION, THE PRESIDING JUDGE SHALL ORDER THE OFFENDER TO MAKE FULL RESTITUTION FOR THE COST OF RESPONDING TO OR DEALING WITH THE THREAT OR FALSELY CONVEYED INFORMATION REGARDING THE THREATENED USE OF SUCH DEVICES AND TO PROVIDE FOR THE ELEMENTS OF THIS RESTITUTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-780 SO AS TO PROVIDE FOR ALTERNATIVE MAXIMUM IMPRISONMENT FOR CERTAIN OFFENSES INVOLVING THE USE OF ANTHRAX OR A BIOLOGICAL ORGANISM SO AS TO CAUSE DEATH OR INJURY IN HUMANS, ANIMALS, OR PLANTS; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-790 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY INFECT, HARM, OR DESTROY A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH BY MEANS OF THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR WEAPON OF MASS DESTRUCTION, OR BY THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR AGENT OR SUBSTANCE, WITH THE INTENT OF CAUSING ECONOMIC OR PHYSICAL HARM TO A PERSON, A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH, OR TO ANY OTHER REAL OR PERSONAL PROPERTY, OR THE ENVIRONMENT, AND TO PROVIDE FOR PENALTIES AND RESTITUTION FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING ARTICLE 9 SO AS TO PROVIDE THAT, EXCEPT AS EXPRESSLY AUTHORIZED AND PERMITTED BY FEDERAL LAW, IT IS UNLAWFUL FOR A PERSON TO MANUFACTURE, ASSEMBLE, POSSESS, STORE, TRANSPORT, SELL, PURCHASE, DELIVER, OR ACQUIRE NUCLEAR, BIOLOGICAL, OR CHEMICAL WEAPONS OF MASS DESTRUCTION, OR BIOLOGICAL AGENTS OR TOXINS, OR TO USE, THREATEN TO USE, OR ATTEMPT TO USE THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY MAKE A FALSE REPORT CONCERNING THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PERPETRATE A HOAX BY THE USE OF AN ARTIFACT, REPLICA, OR FALSE REPLICA OF THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT THE UNLAWFUL KILLING OF A PERSON BY MEANS OF THESE WEAPONS, AGENTS, OR TOXINS IS MURDER; TO REQUIRE PERSONS WHO KNOWINGLY OR INTENTIONALLY COMMIT ANY OFFENSE INVOLVING THESE WEAPONS, AGENTS, OR TOXINS BE PROSECUTED AND SENTENCED IN ACCORDANCE WITH THIS ARTICLE, AND TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE; TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICERS TO MAKE CERTAIN REPORTS TO THE STATE LAW ENFORCEMENT DIVISION AND PUBLIC HEALTH OFFICIALS RELATING TO BIOLOGICAL AGENTS, TOXINS, AND DELIVERY SYSTEMS AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; BY ADDING SECTION 12-6-3545 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER, FIREFIGHTER, OR EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE A CREDIT AGAINST THE STATE INCOME TAX IN CONNECTION WITH DUTY IN RESPONDING TO A TERRORIST ACT AND TO PROVIDE THE AMOUNT OF THE CREDIT AND ITS ELIGIBILITY REQUIREMENTS; TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION FOR MEMBERS OF A STATE NATIONAL GUARD UNIT FEDERALIZED OR A RESERVIST CALLED TO ACTIVE DUTY FOR PARTICIPATION IN "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR BOTH; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, RELATING TO THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY ADDING SECTION 39-5-145 SO AS TO PROHIBIT THE RENTAL AND SALE OF ESSENTIAL COMMODITIES AND RENTAL AND LEASE OF DWELLING UNITS, INCLUDING MOTEL OR HOTEL UNITS OR OTHER TEMPORARY LODGING, OR SELF-STORAGE FACILITIES AT AN UNCONSCIONABLE PRICE DURING AND WITHIN THE AREA OF A DECLARED STATE OF EMERGENCY OR DISASTER, TO DEFINE "COMMODITY" AND "UNCONSCIONABLE PRICE", TO ESTABLISH EVIDENTIARY STANDARDS FOR ACTIONS BROUGHT PURSUANT TO THESE PROVISIONS OR LOCAL ORDINANCES, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 39-5-147 SO AS TO PROHIBIT THE USE OF A MISLEADING PRACTICE OR DEVICE FOR THE SOLICITATION OF CONTRIBUTIONS OR THE SALE OF GOODS OR SERVICES FOR CHARITABLE PURPOSES IN CONNECTION WITH A DECLARED STATE OF EMERGENCY OR DISASTER, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; AND TO AMEND SECTIONS 16-7-10, RELATING TO ILLEGAL ACTS DURING A STATE OF EMERGENCY, AND 33-56-120, AS AMENDED, RELATING TO PROHIBITION OF MISREPRESENTATIONS IN CHARITABLE SOLICITATIONS, BOTH SO AS TO CONFORM THEM TO THESE PROVISIONS AND MAKE THE PENALTIES FOR VIOLATIONS CUMULATIVE AND ADDITIONAL; BY ADDING SECTION 8-1-200 SO AS TO PROVIDE FOR LEAVES OF ABSENCE FOR PUBLIC OFFICERS AND EMPLOYEES TRAINED BY THE AMERICAN RED CROSS FOR DISASTER RESPONSE OR EMERGENCY AND TO AUTHORIZE CERTAIN STATE OFFICERS AND EMPLOYEES TO PARTICIPATE IN AMERICAN RED CROSS DISASTER RESPONSE OR EMERGENCY RELIEF AT DISASTER OR EMERGENCY SITES WITHIN, OR OUTSIDE THE STATE; TO AMEND SECTION 51-3-60, RELATING TO FREE ADMISSION TO STATE PARKS AND REDUCED RATES FOR USE OF PARK CAMPSITES, SO AS TO EXTEND THESE PRIVILEGES TO POLICE, FIREFIGHTERS, AND EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS; BY ADDING SECTION 59-149-25 SO AS TO PROVIDE THAT IN-STATE RESIDENTS ARE ELIGIBLE FOR LIFE SCHOLARSHIPS WITHOUT THE NECESSITY OF MEETING ANY ACADEMIC QUALIFICATIONS EXCEPT FOR THE NECESSITY OF BEING ACCEPTED UNDER APPLICABLE ADMISSION REQUIREMENTS OF THE STATE INSTITUTION THEY ARE TO ATTEND IF ONE OF THEIR PARENTS OR LEGAL GUARDIANS DIED AS A RESULT OF THE TERRORIST ATTACKS ON SEPTEMBER 11, 2001, AND TO PROVIDE THE REQUIREMENTS AND PROCEDURES TO QUALIFY FOR THESE SCHOLARSHIPS; BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE TO THE VICTIMS OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS AND TO THE COURAGEOUS ACTIONS OF ALL LAW ENFORCEMENT OFFICERS AND RESCUE WORKERS; TO AMEND SECTION 59-1-443, RELATING TO SCHOOLS PROVIDING A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY, SO AS TO PROVIDE THAT SCHOOLS INSTEAD SHALL PROVIDE FOR A DAILY OBSERVANCE OF ONE MINUTE OF VOLUNTARY SILENT PRAYER, MEDITATION, OR OTHER SILENT ACTIVITY; BY ADDING SECTION 59-1-460 SO AS TO REQUIRE PRINCIPALS AND TEACHERS IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS TO DISPLAY THE MOTTO OF THE UNITED STATES OF AMERICA IN EACH CLASSROOM, SCHOOL AUDITORIUM, AND CAFETERIA.

Rep. HARRISON made the Point of Order that the Senate Amendments were 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 Senate amendments to the following Bill were taken up for consideration:

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. WHITE made the Point of Order that the Senate Amendments were 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 Senate amendments to the following Bill were taken up for consideration:

H. 4583 (Word version) -- Reps. Tripp, Cato, Bales, Altman, Askins, Barfield, G. Brown, Coates, Cooper, Easterday, Harrison, Kirsh, Leach, Littlejohn, Loftis, McCraw, McGee, Owens, Perry, Phillips, Sandifer, Scarborough, Simrill, Stille, Vaughn, White, Wilkins, J. Young, Rodgers, A. Young and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO PROHIBIT MANDATES ON HEALTH INSURANCE PLANS BEYOND WHAT IS REQUIRED AS OF JANUARY 1, 2002.

Rep. CATO explained the Senate Amendments.

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

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

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.

Rep. WITHERSPOON explained the Senate Amendments.

Rep. KENNEDY made the Point of Order that the Senate Amendments were 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 Senate amendments to the following Bill were taken up for consideration:

H. 5215 (Word version) -- Reps. Taylor and Wilder: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.

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

Rep. CATO explained the Senate Amendments.

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

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

H. 4909 (Word version) -- Rep. Bingham: A BILL TO AMEND SECTION 39-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR DRUG PRESCRIPTIONS AUTHORIZING SUBSTITUTION OF A GENERIC DRUG, SO AS TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THESE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-30, RELATING TO DEFINITIONS OF TERMS USED IN THE PHARMACY PRACTICE ACT, SO AS TO DEFINE "CERTIFIED PHARMACY TECHNICIAN"; TO AMEND SECTION 40-43-82, AS AMENDED, RELATING TO REGISTRATION QUALIFICATIONS FOR PHARMACY TECHNICIANS, SO AS TO REVISE THESE QUALIFICATIONS AND TO FURTHER SPECIFY APPLICATION AND RENEWAL PROCEDURES; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO VARIOUS PHARMACY FACILITY AND PRACTICE REQUIREMENTS, SO AS TO PROVIDE THAT IN PROVIDING ADEQUATE STAFFING, A PHARMACIST-IN-CHARGE IS NOT REQUIRED TO EMPLOY CERTIFIED PHARMACY TECHNICIANS, TO PROVIDE THAT EMERGENCY MEDICAL SERVICES AND DURABLE MEDICAL EQUIPMENT FACILITIES ARE NOT REQUIRED TO HAVE A CONSULTANT PHARMACIST AND TO AUTHORIZE OTHER HEALTH PROFESSIONALS WITH THESE SERVICES OR FACILITIES TO PERFORM THE DUTIES THAT WOULD HAVE BEEN PERFORMED BY A CONSULTANT PHARMACIST, AND TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THOSE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-89, RELATING TO VARIOUS REQUIREMENTS RELATING TO WHOLESALE PHARMACY DISTRIBUTORS, SO AS TO CLARIFY PROVISIONS AND TO DELETE DUPLICATE STATUTORY PROVISIONS RELATING TO PERMIT APPLICATION PROCEDURES; TO AMEND SECTION 40-43-90, RELATING TO PERMIT APPLICATION PROCEDURES, SO AS TO FURTHER PROVIDE FOR PERMIT RENEWAL PROCEDURES AND FOR CHANGE OF NAME OR OWNER CIRCUMSTANCE WHICH REQUIRE A NEW PERMIT TO BE OBTAINED; TO AMEND SECTION 40-43-91, RELATING TO INFORMATION THAT MUST BE REPORTED TO THE BOARD OF PHARMACY ON DRUG THEFT AND EMPLOYEE DRUG CONVICTIONS, SO AS TO INCREASE THE TIME FOR REPORTING THESE EVENTS AND TO REQUIRE FORMAL ALLEGATIONS OF DRUG VIOLATIONS TO BE REPORTED; TO AMEND SECTION 40-43-110, RELATING TO PHARMACY PERMIT AND LICENSE APPLICATION AND RENEWAL PROCEDURES, SO AS TO FURTHER SPECIFY AND CLARIFY THESE PROCEDURES; AND TO AMEND SECTION 40-43-130, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR PHARMACISTS, SO AS TO ALSO PROVIDE CONTINUING EDUCATION REQUIREMENTS FOR REGISTERED PHARMACY TECHNICIANS.

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

Rep. WITHERSPOON 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.

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

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3142 (Word version) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.

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

That the same do pass with the following amendments: (Reference is to Printer's Version 4/10/02.)

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

/     SECTION     1.     The 1976 Code is amended by adding:

"Section 41-7-75.     (A)     The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.

(B)     Upon the filing of a complaint with the department, the director or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter are a violation of this chapter and punishable accordingly.

(C)     After a complaint has been filed, if the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260."

SECTION     2.     The 1976 Code is amended by adding:

"Section 41-7-100.     (A)     A person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.

(B)     The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter.

(C)     A person aggrieved by a final action of the department may appeal the decision to the Administrative Law Judge Division in accordance with the Administrative Procedures Act and the rules of the Administrative Law Judge Division. Service of a petition requesting a review does not stay the department's decision pending completion of the appellate process."

SECTION     3.     Section 41-7-30 of the 1976 Code is amended to read:

"Section 41-7-30.     (A)     It shall be is unlawful for any an employer to require an employee, as a condition of employment, or of continuance of employment to:

(1)     To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affiliate of any a labor organization or agency;

(2)     To require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any a labor organization; or

(3)     To require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments, or other charges or sums of money whatsoever to any a person or organization.

(B)     It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.

(C)     It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."

SECTION     4.     Section 41-7-40 of the 1976 Code is amended to read:

"Section 41-7-40.     Nothing in this chapter shall preclude any precludes an employer from deducting from the wages of the employees and paying over to any a labor organization, or its authorized representative, membership dues in a labor organization; provided, that however, the employer has must have received from each employee, on whose account such the deductions are made, a written assignment which shall must not be irrevocable for a period of more than one year, or beyond until the termination date of any applicable collective agreement or assignment, whichever occurs sooner. After one year, the employee has the absolute right to revoke the written assignment allowing for deduction of membership dues in a labor union."

SECTION     5.     This act takes effect upon approval by the Governor.     /

Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK", TO REQUIRE THE DIRECTOR TO COOPERATE WITH AN EMPLOYEE IN THE INVESTIGATION AND ENFORCEMENT OF CLAIMS, TO AUTHORIZE THE DIRECTOR TO ENTER A PLACE OF EMPLOYMENT TO EVALUATE COMPLIANCE, TO PROHIBIT OBSTRUCTING THE DIRECTOR IN CARRYING OUT HIS DUTIES AND TO PROVIDE PENALTIES; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH CIVIL PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED, AND TO AUTHORIZE AN APPEAL TO THE ADMINISTRATIVE LAW JUDGE DIVISION FROM A FINAL ACTION OF THE DEPARTMENT; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO ALSO PROHIBIT A PERSON OR A LABOR ORGANIZATION FROM PARTICIPATING IN AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A PERSON OR LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES IF AN EMPLOYEE ENTERS A ONE YEAR IRREVOCABLE WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION, SO AS TO PROVIDE THAT THE EMPLOYEE HAS THE RIGHT TO REVOKE THE AGREEMENT AFTER ONE YEAR; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF THIS CHAPTER THAT ADVERSELY AFFECT A PERSON'S RIGHTS UNDER THIS CHAPTER, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF A PERSON AGGRIEVED BY SUCH VIOLATIONS THAT DENY EMPLOYMENT OR DENY CONTINUING EMPLOYMENT AND TO INCLUDE PUNITIVE DAMAGES IN THE RELIEF AUTHORIZED.

Larry A. Martin                   Harry F. Cato
Thomas C. Alexander               James N. Law
Clementa C. Pinckney              Brenda Lee
On Part of the Senate.            On Part of the House.

Rep. CATO explained the Conference Report.

Rep. CATO continued speaking.

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

The following was introduced:

H. 5357 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE IN THE FIELD OF PUBLIC EDUCATION OF ANNE HIGHTOWER-PATTERSON OF COLUMBIA, PRINCIPAL OF CRAYTON MIDDLE SCHOOL IN RICHLAND SCHOOL DISTRICT ONE, ON THE OCCASION OF HER RETIREMENT AND WISHING FOR HER SUCCESS, HEALTH, AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

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

The following was introduced:

H. 5358 (Word version) -- Reps. Altman, Harrell, Breeland, R. Brown, Campsen, Chellis, Dantzler, Limehouse, Mack, Scarborough, Whatley and Whipper: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE "WILDCATS" OF WEST ASHLEY HIGH SCHOOL VARSITY GIRLS SOCCER TEAM OF CHARLESTON FOR WINNING THE 2002 CLASS AAAA STATE CHAMPIONSHIP ON SATURDAY, MAY 11, 2002, AND TO WISH THEM EVERY SUCCESS IN THEIR FUTURE ATHLETIC AND ACADEMIC ENDEAVORS.

The Resolution was adopted.

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

H. 5359 (Word version) -- Reps. Altman, Harrell, Breeland, R. Brown, Campsen, Chellis, Dantzler, Limehouse, Mack, Scarborough, Whatley and Whipper: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE WEST ASHLEY HIGH SCHOOL GIRLS SOCCER TEAM, THEIR COACHES, STAFF, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR OUTSTANDING SEASON AND THEIR EXCITING 2002 CLASS AAAA STATE CHAMPIONSHIP WIN.

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, extend the privilege of the floor of the House of Representatives to the members of the West Ashley High School Girls Soccer Team, their coaches, staff, and other school officials at a date and time to be determined by the Speaker, to congratulate them on their outstanding season and their exciting 2002 Class AAAA State Championship win.

The Resolution was adopted.

The following was introduced:

H. 5360 (Word version) -- Reps. Keegan, Barfield, Edge, Witherspoon, Allen, Allison, Altman, Askins, Bales, 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, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, 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, Wilkins, A. Young and J. Young: A HOUSE RESOLUTION TO RECOGNIZE REPRESENTATIVE MARK STEPHEN KELLEY AS HE CONCLUDES TEN YEARS OF KNOWLEDGEABLE AND EFFECTIVE SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CITIZENS OF HORRY COUNTY AND THE PEOPLE OF THIS STATE AND WISH HIM WELL AS HE PURSUES HIS BUSINESS INTERESTS AND DEDICATES HIS TIME TO HIS DEVOTED FAMILY.

Whereas, Representative Mark Stephen Kelley arrived on the political scene in 1993 as a newly elected member to the South Carolina House of Representatives from Horry County; and

Whereas, this Myrtle Beach restaurant owner and former member of the United States Air Force brought with him a vast knowledge of business and finance, a keen sense of duty, and a sensitivity to the everyday concerns of ordinary citizens; and

Whereas, this knowledgeable, dedicated, and sensible approach to the legislative process resulted in his growth into a much respected member of the prestigious Ways and Means Committee, where he effectively combined his understanding of finances, people, and the process to earn the respect of his fellow lawmakers as a voice of reason in the dizzying budget procedure; and

Whereas, Mark Kelley has also served as Rules Committee Chairman since December 2000, where he discharged these duties with distinction and a sense of fairness and purpose; and

Whereas, consistent with his sensibility and his sensibleness, our esteemed colleague Mark Kelley chooses now to answer the call for increased and enhanced time with his family--his wife, the former Lisa Murie Knauth, and children Kristofer, Nicolos, Elise, and Sean Michael; and

Whereas, the House of Representatives and the State of South Carolina are the lasting beneficiaries of his dedicated service at the State House; and

Whereas, the members of the House, by this resolution, express their appreciation to this truly fine man and public servant for all his contributions to Horry County, the General Assembly, and the State of South Carolina, and wish him Godspeed as his tenure in the House comes to a close. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives recognize Mark Stephen Kelley as he concludes ten years of knowledgeable and effective service in the South Carolina House of Representatives to the citizens of Horry County and the people of this State and wish him well as he pursues his business interests and dedicates his time to his devoted family.

Be it further resolved that a copy of this resolution be presented to Representative Kelley.

The Resolution was adopted.

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

The Senate returned to the House with concurrence the following:

H. 5274 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO DESIGNATE MAY 23-27, 2002, AS "THE WALL THAT HEALS DAYS" IN SOUTH CAROLINA AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO VISIT THIS EXTRAORDINARY MEMORIAL.

H. 5317 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE LANDRUM HIGH SCHOOL BASEBALL TEAM FOR THEIR OUTSTANDING 2002 CLASS A STATE CHAMPIONSHIP WIN, AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.

H. 5318 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE BOUNDLESS GRATITUDE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. JOHN MICHAEL PALMS FOR HIS HIGHLY SUCCESSFUL TENURE AS PRESIDENT OF THE UNIVERSITY OF SOUTH CAROLINA AND FOR HIS COUNTLESS NOTABLE ACHIEVEMENTS ON BEHALF OF THE UNIVERSITY AND THE STATE, AND WISH HIM WELL AS HE LEAVES THIS GREAT INSTITUTION TO PURSUE OTHER EXCITING CHALLENGES.

At 5:00 p.m. the House, in accordance with the motion of Rep. HAYES, adjourned in memory of Horace Arnette of Dillon, to meet at 10:00 a.m. tomorrow.

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