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

Printed Page 2026 . . . . . Tuesday, April 2, 2002

Tuesday, April 2, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 63: "O God, You are my God, eagerly will I seek You."
Glorious God, keep us ever mindful that Your spirit rests upon us. Through You, Your servants, this body of women and men have been elected to serve Your people in this great State of South Carolina. Give these representatives Your blessings as we begin the day. Break into our lives with the light of Your countenance. Open our minds and hearts that we may see and understand as we make decisions which affect the people of this State. Hear us, good Lord, in our prayer to 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 Thursday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. WILDER moved that when the House adjourns, it adjourn in memory of former Senator David Surratt Taylor, father of Representative Adam Taylor, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 27, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators O'Dell, Alexander and Courson of the Committee of Conference on the part of the Senate on H. 3163:

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H. 3163 (Word version) -- Reps. Wilkins, Campsen, Wilder, Jennings, Coates, Whatley, Cobb-Hunter, Altman, Owens, Lourie, McLeod, Bowers, Robinson, Simrill, J. E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 26, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Grooms, Gregory and Hutto of the Committee of Conference on the part of the Senate on H. 3481:

H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON

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STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 27, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Leatherman and McConnell of the Committee of Conference on the part of the Senate on H. 3307:

H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J. E. Smith, Rivers, Weeks and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE;

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TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.

Very respectfully,
President
Received as information.

REGULATION WITHDRAWN

Document No. 2611
Agency: Department of Public Safety
Statutory Authority: 1976 Code Section 23-6-10
Article 7 Highway Patrol, Subarticle 1 Wrecker Regulations
Received by Speaker of the House of Representatives
June 6, 2001
Referred to Education and Public Works Committee
Withdrawn February 26, 2002

REPORTS OF STANDING COMMITTEES

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

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

Printed Page 2030 . . . . . Tuesday, April 2, 2002
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.
Ordered for consideration tomorrow.

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

H. 4154 (Word version) -- Rep. Campsen: A BILL TO ENACT THE "SOUTH CAROLINA ESTATES AND PROBATE REFORM ACT"; TO AMEND SUBARTICLE 5, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

Printed Page 2031 . . . . . Tuesday, April 2, 2002
THE UNIFORM GIFTS TO MINORS ACT, SO AS TO DESIGNATE SUBARTICLE 5 AS THE "UNIFORM TRANSFERS TO MINORS ACT", TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS, INCLUDE BOTH GRATUITOUS TRANSFERS AND TRANSFERS FOR CONSIDERATION TRANSFERS AND BOTH LIFETIME TRANSFERS AND TRANSFERS FROM TRUSTS, ESTATES, AND GUARDIANSHIPS, AND LIMIT THE MINOR'S LIABILITY TO THIRD PARTIES TO CASES OF PERSONAL FAULT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; TO AMEND ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO INTESTACY, SUCCESSION AND WILLS, SO AS TO CHANGE THE TITLE OF THE ARTICLE TO "INTESTACY, WILLS, AND DONATIVE TRANSFERS; TO AMEND PART 7, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO CONTRACTUAL ARRANGEMENTS RELATING TO DEATH, SO AS TO REPLACE PART 7 WITH RULES FOR CONSTRUCTION OF WILLS AND OTHER INSTRUMENTS GOVERNING TRANSFERS; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE, AND BENEFICIARY DESIGNATIONS, SO AS TO PROVIDE FOR A JUDICIAL DETERMINATION OF CRIMINAL ACCOUNTABILITY, USING THE PREPONDERANCE OF THE EVIDENCE STANDARD, IN THE ABSENCE OF A CRIMINAL CONVICTION; TO AMEND PART 8, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO GENERAL PROVISIONS AS TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR REVOCATION OF PROBATE AND NONPROBATE TRANSFERS BY DIVORCE AND ANNULMENT; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; AND TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO CLARIFY THAT A JOINT TENANCY WITH A RIGHT OF SURVIVORSHIP
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IN REAL ESTATE MAY TRANSFER HIS INTEREST WITHOUT JOINDER OF THE OTHER JOINT TENANTS.
Ordered for consideration tomorrow.

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

H. 4775 (Word version) -- Reps. Lloyd, Bowers, Hosey, M. Hines, Whipper, Moody-Lawrence, Breeland, Clyburn, Gourdine, J. Hines and Kirsh: A BILL TO AMEND SECTION 22-3-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING AND ACKNOWLEDGMENT OF TESTIMONY PRESENTED BEFORE A MAGISTRATE, SO AS TO PROVIDE THAT IN A CASE IN WHICH A STENOGRAPHER RECORDS THE TESTIMONY OR A CASE IN WHICH TESTIMONY IS ELECTRONICALLY RECORDED, THE RECORD OF THE TESTIMONY MUST BE RETAINED BY THE MAGISTRATE FOR AT LEAST THIRTY DAYS, AND TO PROVIDE THAT IF THE MAGISTRATE FAILS TO MAINTAIN THE RECORD OF THIS TESTIMONY, THEN AN APPELLATE COURT MUST GRANT THE DEFENDANT A NEW TRIAL UPON AN APPEAL OF THE MAGISTRATE'S VERDICT.
Ordered for consideration tomorrow.

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

H. 4740 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 21, TITLE 5 SO AS TO ENACT THE "MUNICIPAL FINANCE OVERSIGHT ACT OF 2002" TO CREATE THE MUNICIPAL FINANCE OVERSIGHT COMMISSION AND AN EXECUTIVE COMMITTEE OF THE COMMISSION, PROVIDE FOR THEIR COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES, REQUIRE MUNICIPALITIES TO SUBMIT ANNUAL FINANCIAL REPORTS AND ANNUAL AUDITS, PROVIDE FOR SANCTIONS AGAINST MUNICIPALITIES THAT FAIL TO COMPLY WITH THE COMMISSION'S PLAN FOR REFINANCING, ADJUSTING, OR COMPROMISING A DEBT, PROVIDE PENALTIES FOR AN OFFICER OR EMPLOYEE OF A MUNICIPALITY WHO FAILS TO COMPLY WITH THE

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PROVISIONS OF ARTICLE 9 OF CHAPTER 21; AND TO AMEND SECTION 6-1-50, RELATING TO THE REQUIREMENT OF A FINANCIAL REPORT SUBMITTED BY COUNTIES AND MUNICIPALITIES TO THE COMPTROLLER GENERAL, SO AS TO REQUIRE THE REPORT BE SUBMITTED INSTEAD TO THE MUNICIPAL FINANCE COMMISSION AND DELETE A REFERENCE TO THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
Ordered for consideration tomorrow.

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

H. 4683 (Word version) -- Reps. Campsen and Barfield: A BILL TO ENACT THE "SOUTH CAROLINA STUDENT-LED MESSAGE ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL GRADUATION EXERCISE AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED; AND BY ADDING SECTION 59-1-442 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL ATHLETIC OR OTHER EVENT AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED.
Ordered for consideration tomorrow.

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

H. 3939 (Word version) -- Reps. Sinclair, Allison, Emory, Freeman, Govan, Hosey, Klauber, Lee, Littlejohn, Lloyd, D. C. Smith, J. E. Smith, W. D. Smith, Snow, Talley, Walker, Weeks and Whatley: A BILL TO AMEND SECTION 31-18-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION OF SHOOTING RANGE NOISE AREAS, SO AS TO PROVIDE THAT THE GOVERNING BODY OF EACH COUNTY MAY BY ORDINANCE EXEMPT ALL

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OR ANY PART OF AN AREA WITHIN A RADIUS OF ONE MILE FROM A SHOOTING RANGE FROM THE "SHOOTING RANGE-NOISE AREA" SIGN REQUIREMENTS OF THIS SECTION.
Ordered for consideration tomorrow.

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

H. 4426 (Word version) -- Reps. Merrill and Law: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM MAY BE ORDERED IN A MUNICIPALITY IN PART OF WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED PURSUANT TO A COUNTY REFERENDUM BY THE GOVERNING BODY OF THE MUNICIPALITY OR BY A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE DELEGATION WHO REPRESENT THE MUNICIPALITY AND TO PROVIDE THAT A MAJORITY "NO" VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE PERMITS WERE LAWFUL.
Ordered for consideration tomorrow.

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

H. 4514 (Word version) -- Reps. McGee, Knotts, Bingham, Coates, Koon, Lourie and Whatley: A BILL 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

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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.
Ordered for consideration tomorrow.

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

H. 3999 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITIONS FOR "AGENCY" AND "CONTESTED CASE" TO INCLUDE A PERSON CHALLENGING THE DENIAL BY A PUBLIC BODY OF THE RELEASE OF A PUBLIC RECORD UNDER THE FREEDOM OF INFORMATION ACT; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO THE JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO ADD JURISDICTION TO HEAR PROCEEDINGS BROUGHT WHEN A PERSON CHALLENGES THE DENIAL OF A REQUEST TO RELEASE PUBLIC RECORDS; TO AMEND SECTION 30-4-30, AS AMENDED, RELATING TO THE FREEDOM OF INFORMATION ACT AND THE PUBLIC'S RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO PROVIDE A SHORTER TIME FRAME FOR REQUESTS TO BE ANSWERED, TO PROVIDE THAT THE FAILURE TO RESPOND BARS THE ASSERTION OF A CLAIM OF EXEMPTION FROM DISCLOSURE EXCEPT IN LIMITED CIRCUMSTANCES, TO PROVIDE THAT WHEN A REQUEST IS GRANTED THE DOCUMENTS MUST BE MADE AVAILABLE IMMEDIATELY, AND TO PROVIDE THAT A REQUESTER WHOSE REQUEST FOR RECORDS IS DENIED MAY FILE A CONTESTED CASE PROCEEDING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION AND, IF THE JUDGE RULES THE REQUEST MUST BE GRANTED, BE AWARDED ATTORNEY'S FEES AND COSTS FOR THE PROCEEDING BEFORE THE DIVISION; AND TO AMEND SECTION 30-4-100, RELATING TO THE COURT'S JURISDICTION UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD

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JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION TO HEAR CERTAIN CASES.
Ordered for consideration tomorrow.

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

H. 4757 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.
Ordered for consideration tomorrow.

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

H. 4042 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL AND PERSONAL PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO REVISE THE DEBTOR'S INTEREST IN A MOTOR VEHICLE SO THE AMOUNT TRACKS THE EXEMPTED AMOUNT IN FEDERAL LAW.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4659 (Word version) -- Reps. Keegan, Altman, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, Carnell, Chellis, Clyburn, Cobb-Hunter, Dantzler, Davenport, Delleney, Emory, Freeman, Frye, Haskins, Hayes, J. Hines, Hinson, Hosey, Howard, Jennings, Kelley, Kirsh, Koon, Law, Leach, Limehouse, Loftis, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J. H. Neal, Ott, Owens, Parks, Perry, Phillips, Rhoad,

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Rice, Riser, Rodgers, J. R. Smith, Stille, Stuart, Taylor, Trotter, Vaughn, White, Wilder, Witherspoon and A. Young: A BILL TO AMEND SECTIONS 43-33-20 AND 43-33-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF BLIND AND OTHER DISABLED PERSONS TO USE PUBLIC FACILITIES AND PUBLIC ACCOMMODATIONS AND TO EQUAL ACCESS TO HOUSING ACCOMMODATIONS, SO AS TO PROVIDE THAT A PERSON WITH DISABILITIES HAS THE RIGHT TO BE ACCOMPANIED BY OR HAVE IN HOUSING ACCOMMODATIONS AN ASSISTANCE DOG-IN-TRAINING.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 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

Printed Page 2038 . . . . . Tuesday, April 2, 2002
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.
Ordered for consideration tomorrow.

Rep. J. BROWN for the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report.
Rep. ALLEN for the minority, submitted an unfavorable report on:

S. 49 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO OBTAINS A TATTOO IN VIOLATION OF SECTION 16-17-700 MAY BRING

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AN ACTION IN CIRCUIT COURT AGAINST THE PERSON CONVICTED OF THE VIOLATION AND MAY RECOVER CERTAIN DAMAGES AND ATTORNEY'S FEES; AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING, SO AS TO PERMIT A PERSON TO TATTOO CERTAIN BODY PARTS OF ANOTHER PERSON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TATTOO ARTIST CONSPICUOUSLY MUST DISPLAY A NOTICE TO PATRONS THAT INFORMS THEM OF ANY DISQUALIFICATIONS WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, HIS CERTIFICATE OF SUCCESSFUL COMPLETION OF A COURSE IN INFECTION CONTROL, AND HIS PERMIT ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) WHICH MUST BE RENEWED ANNUALLY UPON SUBMISSION OF CERTAIN INFORMATION, MUST COMPLY WITH CERTAIN DHEC INFECTION CONTROL PRECAUTIONS, MUST NOT USE CERTAIN DEVICES AND MEDICATIONS, MUST VERIFY THAT A TATTOO RECIPIENT WHO DOES NOT HAVE EXPRESS WRITTEN CONSENT OF HIS PARENT OR GUARDIAN IS AT LEAST TWENTY-ONE YEARS OF AGE, AND TO PROVIDE THAT DHEC MAY REVOKE A PERMIT OR DENY AN APPLICATION FOR A VIOLATION OF THESE PROVISIONS.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4984 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO COMMEND RAYMOND FELTON OF LATTA, SOUTH CAROLINA, FOR HIS TREMENDOUSLY SUCCESSFUL SEASON ON THE BASKETBALL COURT AND CONGRATULATE HIM ON BEING THE 2002 NAISMITH PLAYER OF THE YEAR.

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

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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1170 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO HONOR THE MOMENTOUS CELEBRATION OF RICHLAND COUNTY SCHOOL DISTRICT ONE'S ARTS FESTIVAL TO BE HELD ON WEDNESDAY, APRIL 10, 2002.

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

INTRODUCTION OF BILLS

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

H. 4985 (Word version) -- Reps. Fleming, Martin, Whipper, J. H. Neal, Rhoad, Altman, Cobb-Hunter, Emory, Gilham, Kirsh, Meacham-Richardson, Riser, Rivers, Rodgers, Snow, Stille, Townsend, Vaughn, Weeks and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME AND TO INCREASE THE PENALTY AMOUNT; BY ADDING SECTION 37-10-109 SO AS TO PROHIBIT A LENDER FROM KNOWINGLY ENGAGING IN FLIPPING A HOME LOAN AND TO DEFINE "FLIPPING" AND "HOME LOAN"; BY ADDING SECTION 37-10-111 SO AS TO PROVIDE THAT A LENDER WHO EXTENDS A HOME LOAN SECURED BY A LIEN ON REAL ESTATE MAY NOT PAY A RESIDENTIAL BUILDER OR RESIDENTIAL SPECIALTY CONTRACTOR FOR THE REPAIR, IMPROVEMENT, OR REIMPROVEMENT OF A RESIDENCE FROM THE PROCEEDS OF THE HOME LOAN UNLESS CERTAIN CONDITIONS ARE MET AND TO DEFINE "HOME LOAN"; BY ADDING SECTION

Printed Page 2041 . . . . . Tuesday, April 2, 2002
37-10-113 SO AS TO LIMIT THE IMPOSITION OF CHARGES FOR POINTS AND FEES IN CONNECTION WITH A LOAN MADE BY A CONSUMER LENDER AND A MORTGAGE LOAN BROKER AND TO DEFINE "POINTS AND FEES" AND "TOTAL LOAN AMOUNT"; BY ADDING SECTION 37-10-115 SO AS TO PROVIDE THAT A CREDIT SALE OR LOAN SECURED BY THE SOUTH CAROLINA DWELLING PLACE OF THE PURCHASER OR BORROWER IS COVERED BY SOUTH CAROLINA LAW; BY ADDING SECTIONS 37-2-417, 37-3-413, AND 37-10-117, ALL SO AS TO PROHIBIT THE FINANCING OF CERTAIN INSURANCE PREMIUMS OR DEBT CANCELLATION OR SUSPENSION PAYMENTS IN CONNECTION WITH A CREDIT SALE OR LOAN SECURED BY A HOME; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; TO AMEND SECTION 37-10-105, AS AMENDED, RELATING TO DEBTOR REMEDIES IN CERTAIN LOANS, SO AS TO INCLUDE CERTAIN FACTORS ON WHICH THE COURT MAY BASE A FINDING THAT THE LOAN IS UNCONSCIONABLE; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES ON CONSUMER LOANS, SO AS TO PROVIDE THAT CERTAIN FINANCE CHARGE LIMITS APPLY TO A LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN ONE HUNDRED TWENTY DAYS AND TO PROVIDE FOR AN ABSOLUTE LIMIT OF
Printed Page 2042 . . . . . Tuesday, April 2, 2002
THIRTY-SIX PERCENT ON THE PAYOFF BALANCE AT MATURITY.
Referred to Committee on Labor, Commerce and Industry

H. 4986 (Word version) -- Reps. Whipper, Breeland, J. H. Neal, Allen, Bales, Cobb-Hunter, Coleman, Davenport, Delleney, Easterday, Gourdine, Harrison, Haskins, Hayes, Jennings, Kirsh, Leach, Lee, Littlejohn, Lloyd, Mack, Miller, J. M. Neal, Parks, Rivers, Rutherford, Sinclair, G. M. Smith, W. D. Smith, Stille, Weeks and White: A BILL TO AMEND SECTION 8-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL ACTIONS AGAINST AN EMPLOYING PUBLIC BODY FOR RETALIATION AGAINST AN EMPLOYEE WHO REPORTS A VIOLATION OF STATE OR FEDERAL LAW OR REGULATION, SO AS TO CHANGE THE MAXIMUM AMOUNT OF ACTUAL DAMAGES AN EMPLOYEE MAY RECOVER FROM FIFTEEN THOUSAND DOLLARS TO THREE HUNDRED THOUSAND DOLLARS.
Referred to Committee on Judiciary

H. 4987 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-661 SO AS TO DESIGNATE THE GOLDENROD, SOLIDAGO, AS THE OFFICIAL STATE WILDFLOWER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4988 (Word version) -- Reps. Phillips, Littlejohn and McCraw: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 3, 2002, BY THE STUDENTS OF ANY SCHOOL IN CHEROKEE COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4989 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND

Printed Page 2043 . . . . . Tuesday, April 2, 2002
NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, SO AS TO PROVIDE THAT, WHENEVER NOTICE IS GIVEN TO A DEFENSE ATTORNEY OF THE SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, THE SOLICITOR MUST ALSO GIVE NOTICE OF INTENT TO SEEK THE DEATH PENALTY TO THE COURT ADMINISTRATOR OF THIS STATE; AND TO AMEND TITLE 14, RELATING TO COURTS, BY ADDING CHAPTER 29 SO AS TO PROVIDE GENERAL PROVISIONS FOR COURT ADMINISTRATION INCLUDING PROVISIONS RELATING TO SOLICITORS PROVIDING NOTICE OF INTENTION TO SEEK THE DEATH PENALTY IN CERTAIN CASES AND THE REPORTING OF CERTAIN STATISTICAL INFORMATION TO THE OFFICE OF THE COURT ADMINISTRATOR RELATING TO CRIME TO ENABLE ACCURATE RECORDKEEPING.
Referred to Committee on Judiciary

H. 4990 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR BINGO, SO AS TO REVISE THE DEFINITION FOR "PROMOTER" AND "SESSION" AND ADD DEFINITIONS FOR "ELECTRONIC DABBER", "ELECTRONIC DABBER BINGO TICKET", AND "SITE SYSTEM"; TO AMEND SECTIONS 12-21-3950 AND 12-21-3970, RELATING TO THE BINGO PROMOTER'S LICENSE, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE DAYS THE TIME THE DEPARTMENT OF REVENUE HAS TO APPROVE OR REJECT AN APPLICATION FOR A PROMOTER'S LICENSE AND ALLOW A PROMOTER TO HAVE FIFTEEN RATHER THAN FIVE OF THESE LICENSES; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROHIBIT PAYING LESS THAN FACE VALUE FOR CARDS AND PROVIDE FOR THE USE OF CARDS WITH AN ELECTRONIC DABBER; TO AMEND SECTION 12-21-4000, RELATING TO BINGO PROCEDURES, SO AS TO ALLOW THE LIMIT ON BINGO GROSS PROCEEDS TO BE A QUARTERLY AVERAGE AND PROVIDE THAT THE PENALTIES APPLY FOR VIOLATION OF THE GROSS PROCEEDS LIMIT ONLY IF THE EXCESS PROCEEDS TAX IS UNPAID AND TO PROHIBIT THE ADVERTISING OF "FREE BINGO"; TO AMEND SECTION 12-21-4020, RELATING TO THE VARIOUS CLASSES OF THE BINGO

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LICENSE, SO AS TO INCREASE THE MAXIMUM AMOUNT THAT MAY BE OFFERED FROM EIGHT TO TWELVE THOUSAND DOLLARS A SESSION AND TO INCREASE FROM THREE TO SIX GAMES A WEEK THE GAMES THAT MAY BE CONDUCTED BY A CLASS B LICENSEE AND PROVIDE A PROCEDURE FOR A CLASS C LICENSEE TO APPLY FOR A CLASS G LICENSE WHEN IT EXCEEDS ONE HUNDRED THOUSAND DOLLARS IN GROSS PROCEEDS, AND ESTABLISH A CLASS G LICENSE FOR AN ORGANIZATION OFFERING PRIZES OF TWENTY DOLLARS OR LESS A GAME AND WHOSE GROSS RECEIPTS EXCEED ONE HUNDRED THOUSAND DOLLARS A CALENDAR QUARTER; TO AMEND SECTION 12-21-4080, RELATING TO BINGO PROCEEDS, SO AS TO DELETE THE REFERENCE TO ENTRANCE FEES IN AMOUNTS DEDUCTED FROM GROSS PROCEEDS AND PROVIDE THAT IF PROMOTER IS AUTHORIZED TO MAKE THE SESSION DEPOSIT, ESTABLISH A PROCEDURE TO INSURE THE DEPOSIT IS MADE IN A TIMELY MANNER; TO AMEND SECTION 12-21-4090, RELATING TO BINGO BANK ACCOUNTS, SO AS TO ALLOW THE DEPOSIT OF LOAN PROCEEDS TO COVER A DEFICIT; TO AMEND SECTION 12-21-4120, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO AUTHORIZE ADVISING RULINGS ON ACTS CONSTITUTING VIOLATIONS AND PROVIDE THAT AN ORGANIZATION OR ORGANIZER FOUND IN VIOLATION IS ENTITLED TO A CONFERENCE UPON REQUEST; TO AMEND SECTION 12-21-4150, RELATING TO THE CRIME OF POSING AS A BINGO PLAYER, SO AS TO INCLUDE A PERSON WHO USES COUNTERFEIT ELECTRONIC DABBER BINGO TICKETS; TO AMEND SECTION 12-21-4190, RELATING TO BINGO CARD CHARGES BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR CHARGES TO CLASS G LICENSE HOLDERS; TO AMEND SECTION 12-21-4210, RELATING TO THE SALE OR TRANSFER OF BINGO CARDS, SO AS TO ALLOW THE RETURN OF PAPERS FOR CREDIT AGAINST AN OUTSTANDING VOUCHER; TO AMEND SECTION 12-21-4270, RELATING TO THE APPLICATION TO OBTAIN BINGO CARDS, SO AS TO AUTHORIZE PAYMENT BY CHECK AND CASH AND PROVIDE THAT FOLLOWING A RETURNED CHECK, THE ORGANIZATION OR PROMOTER MUST MAKE PAYMENT
Printed Page 2045 . . . . . Tuesday, April 2, 2002
USING CERTIFIED FUNDS; AND BY ADDING SECTION 12-21-4005 SO AS TO ESTABLISH SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER.
Referred to Committee on Ways and Means

H. 4991 (Word version) -- Reps. Thompson, Huggins, Martin and J. Young: A BILL TO AMEND SECTION 44-99-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL PERSONNEL WHO ARE NOT REQUIRED TO OBTAIN SPECIAL CERTIFICATION FOR THE ADMINISTRATION OF EMERGENCY TREATMENT FOR SEVERE ADVERSE REACTIONS TO INSECT STINGS, SO AS TO ALSO EXEMPT EMERGENCY MEDICAL TECHNICIANS FROM SPECIAL CERTIFICATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs

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

S. 820 (Word version) -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary

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S. 1005 (Word version) -- Senators J. V. Smith, Ryberg, Ravenel, Peeler, Grooms, Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair, Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman, O'Dell, Leventis, Bauer, Drummond, Elliott, Ford, Glover, Gregory, Holland, Hutto, Jackson, Land, Matthews, McConnell, McGill, Moore, Patterson, Pinckney, Rankin, Reese, Richardson, Saleeby, Setzler, Short, Verdin and Waldrep: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED AT ANY TIME AND THIS NOTICE OF OBJECTION APPLIES FOR ALL OPEN PROPERTY TAX YEARS.
Referred to Committee on Ways and Means

S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.
Referred to Committee on Judiciary

S. 1109 (Word version) -- Senators McConnell, Moore, Land and Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
Referred to Committee on Judiciary

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S. 1138 (Word version) -- Judiciary Committee: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL DAYS, SO AS TO DESIGNATE SEPTEMBER 11 OF EACH YEAR AS "911 HEROES DAY".
Referred to Committee on Judiciary

S. 1142 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2660, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITE asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. J. BROWN objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 1143 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NITROGEN OXIDES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2593, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1144 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2640, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1145 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PUBLIC

Printed Page 2048 . . . . . Tuesday, April 2, 2002
SWIMMING POOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2645, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1146 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1147 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR WASTEWATER FACILITY CONSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2671, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1154 (Word version) -- Senators Patterson, Courson, Giese and Jackson: A BILL TO AMEND SECTION 58-27-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY MANDATE OF ELECTRICAL OR OTHER PUBLIC UTILITIES TO COMPLY WITH CERTAIN DUTIES AND OBLIGATIONS IMPOSED UPON THEM AS DECLARED BY THE SUPREME COURT OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MUNICIPALITY AND A PUBLIC UTILITY MAY MUTUALLY AGREE TO TRANSFER THE OBLIGATION TO PROVIDE A PUBLIC TRANSIT SYSTEM UNDER CERTAIN CONDITIONS.
On motion of Rep. HARRISON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1160 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 40-47-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE LICENSED AS A PHYSICIAN, SO

Printed Page 2049 . . . . . Tuesday, April 2, 2002
AS TO REVISE REQUIREMENTS CONCERNING DAILY SCORES ON FLEX EXAMINATIONS TAKEN BEFORE JULY 1, 1985, AND TO PROVIDE THAT A PASSING SCORE ON THE COMVEX EXAMINATION MUST BE ESTABLISHED BY THE TESTING AGENCY.
Rep. MCCRAW asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. J. BROWN objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs

CONCURRENT RESOLUTION

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

H. 4992 (Word version) -- Reps. Townsend, A. Young, Howard, J. Hines, Martin, Ott, Rice, Riser and Stille: A CONCURRENT RESOLUTION TO DECLARE APRIL 8, 2002, THROUGH APRIL 12, 2002, SOUTH CAROLINA WORK ZONE SAFETY AWARENESS WEEK.

Whereas, traffic crashes in highway work zones in South Carolina resulted in 21 deaths and 838 injuries in 2001; and

Whereas, traffic crashes in highway work zones in South Carolina have resulted in 5,152 traffic crashes, 2,257 injuries, and 53 deaths between 1997 and 2001; and

Whereas, traffic crashes in highway work zones in South Carolina have continued to increase over the last few years; and

Whereas, the leading causes of highway work zone crashes are all preventable including driver inattention, speeding, following too closely, failing to yield the right of way, and driving under the influence; and

Whereas, both workers in highway work zones and motorists traveling through work zones suffer injury or death as a result of crashes in work zones; and

Whereas, highway workers, including South Carolina Department of Transportation employees, law enforcement officers, emergency

Printed Page 2050 . . . . . Tuesday, April 2, 2002
medical service personnel, utility company workers, municipal and county employees, and highway contractor personnel are among those who must regularly work within the public right of way and in close proximity to traffic while performing their responsibilities; and

Whereas, to increase public awareness of the need for greater caution and care by motorists while driving through highway work zones and to promote safe practices by workers while working in highway work zones, the Federal Highway Administration, the American Association of State Highway and Transportation, and the American Traffic Safety Services Association officials have jointly declared the week of April 8 - 12, 2002, as "National Work Zone Safety Awareness Week"; and

Whereas, the members of the South Carolina General Assembly desire to promote the safety of highway workers and to encourage motorists traveling through highway work zones across the State of South Carolina to exercise caution and care when encountering a work zone. Now, therefore,

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

That the members of the South Carolina General Assembly hereby proclaim the week of April 8 - 12, 2002, as Work Zone Safety Awareness Week in the great State of South Carolina.

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

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Printed Page 2051 . . . . . Tuesday, April 2, 2002

Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Harrell
Harrison               Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Owens
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Rodgers                Rutherford
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Tripp                  Trotter
Vaughn                 Walker                 Webb
Weeks                  White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 2.

Anne Parks
Becky Martin                      Jackson Whipper

Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. TOWNSEND a leave of absence.

Printed Page 2052 . . . . . Tuesday, April 2, 2002

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Theodore Watson of Greenville is the Doctor of the Day for the General Assembly.

H. 4641--REQUESTS FOR DEBATE

The following Bill was taken up:

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

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\ 5171CM02):
Amend the bill, as and if amended, Section 56-15-410(B), as contained in SECTION 1, by deleting lines 1 and 2 on page 2, and inserting:
/ continuing education courses within a year of renewing his license./
Amend the bill further, Section 56-15-410(C), as contained in SECTION 1, by striking lines 5 and 6 on page 2, and inserting:
/ continuing education courses within a year of renewing his license./
Amend the bill further, Section 1, page 3, by striking the / " / on line 27, and inserting after line 28:
/ Section 56-15-430.   The provisions contained in Sections 56-15-410 and 56-15-420 shall not apply to a franchised automobile

Printed Page 2053 . . . . . Tuesday, April 2, 2002
dealer or a nonfranchised automobile dealer owned by a franchised automobile dealer. /
Renumber sections to conform.
Amend title to conform.

Rep. LAW explained the amendment.

Reps. KIRSH, PHILLIPS and MOODY-LAWRENCE requested debate on the Bill.
Rep. LAW continued speaking.

Reps. CATO, LAW, SANDIFER, G. M. SMITH, TRIPP, LOFTIS, LUCAS, SHEHEEN, HINSON, MACK, J. M. NEAL, CHELLIS, J. E. SMITH, OTT, CLYBURN and J. YOUNG requested debate on the Bill.

H. 3592--POINT OF ORDER

The following Bill was taken up:

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

POINT OF ORDER

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

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H. 4469--POINT OF ORDER

The following Joint Resolution was taken up:

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

POINT OF ORDER

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

ORDERED TO THIRD READING

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

H. 4967 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT LOAN CORPORATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2625, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STILLE explained the Joint Resolution.

H. 4982 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A BILL TO AMEND SECTION 7-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN CHEROKEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND.

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H. 4970--POINT OF ORDER

The following Bill was taken up:

H. 4970 (Word version) -- Reps. Wilkins, Carnell, A. Young, Govan, Rice and Barrett: A BILL TO AMEND SECTION 2-3-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS ELECTED BY THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY, SO AS TO DELETE A REFERENCE TO ASSISTANT SERGEANT AT ARMS; TO AMEND SECTION 2-3-100, RELATING TO THE AUTHORITY OF THE SERGEANT AT ARMS OF THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY OVER CERTAIN PROPERTY ON THE STATE HOUSE GROUNDS, SO AS TO INCLUDE ANY OFFICE BUILDING OCCUPIED BY THE RESPECTIVE BODIES; TO AMEND SECTION 10-1-10, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FOR THE SAFETY AND SECURITY OF THE STATE HOUSE GROUNDS, SO AS TO CLARIFY THE BOARD'S AUTHORITY; TO AMEND SECTION 10-1-30, AS AMENDED, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DIVISION OF GENERAL SERVICES TO AUTHORIZE THE USE OF THE STATE HOUSE, SO AS TO INCLUDE THE AUDITORIUM AND MAKE CERTAIN TECHNICAL CHANGES; TO AMEND SECTION 10-1-40, RELATING TO THE COMPOSITION AND AUTHORITY OF THE STATE HOUSE COMMITTEE, SO AS TO CLARIFY THE COMMITTEE'S AUTHORITY; TO AMEND SECTION 10-11-310, RELATING TO THE DEFINITION OF CAPITOL GROUNDS, SO AS TO CHANGE THE DEFINITION TO CAPITOL COMPLEX OR STATE HOUSE GROUNDS AND TO DELETE A REFERENCE TO SENATE STREET AND ADD A REFERENCE TO PENDLETON STREET; AND TO AMEND SECTION 60-12-90, RELATING TO THE AUTHORITY OF THE STATE HOUSE COMMITTEE TO APPROVE ALTERATIONS OR RENOVATIONS TO THE STATE HOUSE, SO AS TO DELETE A REFERENCE TO CAPITOL COMPLEX.

POINT OF ORDER

Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since its number and

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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.

H. 4014--MOTION TO RECONSIDER TABLED

The motion of Rep. RICE to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill was taken up:

H. 4014 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE EMPLOYMENT SECURITY COMMISSION AND TO RESTRICT THE INFORMATION AND REPORTS FOR CERTAIN USES; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

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

OBJECTION TO RECALL

Rep. J. BROWN asked unanimous consent to recall S. 1160 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. TRIPP objected.

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H. 3598--POINT OF ORDER

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

H. 3598 (Word version) -- Reps. Cato, Barfield, Battle, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Edge, Harvin, Haskins, Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, Meacham-Richardson, J. H. Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A. Young, J. Young, Wilder, Hinson and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.

POINT OF ORDER

Rep. CATO 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.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 4962 (Word version) -- Reps. Webb, Rice and Trotter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE TWO-MILE PORTION OF STATE HIGHWAY 93 IN CLEMSON THAT RUNS FROM U.S. HIGHWAY 76 TO THE OCONEE COUNTY LINE (LAKE HARTWELL) IN PICKENS COUNTY THE "WALTER T. COX BOULEVARD" IN HONOR OF CLEMSON UNIVERSITY ICON, WALTER THOMPSON COX, WHO HAS SERVED AS COACH, DEAN, AND PRESIDENT OF CLEMSON FOR MORE THAN SIXTY-FIVE YEARS AND TO INSTALL APPROPRIATE

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MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS THE "WALTER T. COX BOULEVARD".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 4993 (Word version) -- Rep. Kelley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MRS. NAN N. NORMAN OF MYRTLE BEACH ON APRIL 3, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE HER FOR BEING CROWNED "MRS. SOUTH CAROLINA AMERICA 2001".

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to Mrs. Nan N. Norman of Myrtle Beach on April 3, 2002, at a time to be determined by the Speaker, to congratulate her for being crowned "Mrs. South Carolina America 2001".

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4994 (Word version) -- Rep. Kelley: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE MYRTLE BEACH HIGH SCHOOL BOYS BASKETBALL TEAM ON THEIR PHENOMENAL SEASON AND THEIR 2002 CLASS AAA STATE CHAMPIONSHIP AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.

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

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HOUSE RESOLUTION

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

H. 4995 (Word version) -- Rep. Kelley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE MYRTLE BEACH HIGH SCHOOL BOYS BASKETBALL TEAM, THEIR COACHES, STAFF, AND OTHER SCHOOL OFFICIALS ON APRIL 3, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR PHENOMENAL SEASON AND THEIR 2002 CLASS AAA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the members of the Myrtle Beach High School Boys Basketball Team, their coaches, staff, and other school officials on April 3, 2002, at a time to be determined by the Speaker, to congratulate them on their phenomenal season and their 2002 Class AAA State Championship.

The Resolution was adopted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4529 (Word version) -- Rep. Allison: A CONCURRENT RESOLUTION ACKNOWLEDGING THE NEED FOR INCREASED AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND RECOGNIZING MAY AS MENTAL HEALTH MONTH.

H. 4840 (Word version) -- Reps. Harvin, J. Young, Bales, Clyburn, M. Hines, Hosey, Keegan, Kennedy, Miller, Snow and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE REPUBLIC OF CHINA

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(TAIWAN) SHOULD BE PERMITTED TO PARTICIPATE IN A MEANINGFUL AND APPROPRIATE WAY IN THE WORLD HEALTH ORGANIZATION.

H. 4946 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 24, 2002, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

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

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

H. 4950 (Word version) -- Reps. Miller, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates,

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Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MARCH 25-30, 2002, AS "SOUTH CAROLINA MARINE AND WILDERNESS INSTITUTE WEEK" AND TO URGE COMMUNITY SUPPORT AND PARTICIPATION IN THE REDUCTION AND PREVENTION OF JUVENILE CRIME.

ADJOURNMENT

At 12:55 p.m. the House, in accordance with the motion of Rep. WILDER, adjourned in memory of former Senator David Surratt Taylor, father of Representative Adam Taylor, to meet at 10:00 a.m. tomorrow.

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