Indicates Matter Stricken
Indicates New Matter

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

Our thought for the day is from Psalm 111: "I will give thanks to the Lord with my whole heart."
Good and gracious God, forgive our ingratitude, open our eyes to behold Your goodness, fill our hearts with thanksgiving, make us respond in appreciation, help us to serve in love. Bless our State and Nation with good and just leaders who care about others and enable them to carry out Your blessings of freedom. Hear our prayer, O God. Amen.

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

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

Rep. STUART moved that when the House adjourns, it adjourn in memory of Sue Rawl Wingard, which was agreed to.

Columbia, S.C., April 4, 2002
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

The following was taken up for immediate consideration:

H. 5015 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE 2001 CLEMSON UNIVERSITY "TIGERS" FOOTBALL TEAM, HEAD COACH TOMMY BOWDEN, AND OTHER OFFICIALS OF THE UNIVERSITY ON WEDNESDAY, APRIL 17, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR OUTSTANDING WINNING SEASON AND TO APPLAUD THE CLEMSON "TIGERS" ON THEIR TREMENDOUS VICTORY IN THE 2001 HUMANITARIAN BOWL.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the 2001 Clemson University "Tigers" Football Team, Head Coach Tommy Bowden, and other officials of the University on Wednesday, April 17, 2002, at a time to be determined by the Speaker for the purpose of being recognized and congratulated

The Resolution was adopted.

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

H. 5016 (Word version) -- Reps. Stuart and Townsend: A BILL TO AMEND SECTION 56-3-8100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPOSIT REQUIRED BY THE DEPARTMENT OF PUBLIC SAFETY OF AN INDIVIDUAL OR ORGANIZATION SEEKING ISSUANCE OF A SPECIAL LICENSE PLATE BE PLACED INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT TO DEFRAY THE EXPENSES OF THE MOTOR VEHICLE DIVISION, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SPECIAL LICENSE PLATE APPLICANTS TO APPLY FOR A SPECIAL LICENSE PLATE BY MAIL OR ELECTRONIC FORMAT UNDER CERTAIN CIRCUMSTANCES, AND TO REVISE THE CIRCUMSTANCES IN WHICH THE DEPARTMENT SHALL DISCONTINUE THE PRODUCTION OF A SPECIAL LICENSE PLATE.
On motion of Rep. STUART, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5017 (Word version) -- Reps. Miller, McLeod, Moody-Lawrence, J. H. Neal, Allen, Allison, Bales, Battle, Breeland, J. Brown, Coleman, Davenport, Delleney, Emory, Freeman, Hayes, J. Hines, M. Hines, Jennings, Leach, Lee, Lloyd, Loftis, Lourie, Mack, Martin, McCraw, J. M. Neal, Phillips, Riser, Rivers, Sandifer, Sheheen, Sinclair, F. N. Smith, W. D. Smith, Snow, Thompson, Vaughn, Walker, Webb, Weeks, Wilder and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-157 SO AS TO ESTABLISH WITHIN THE STATE DEPARTMENT OF HEALTH AND HUMAN SERVICES THE UNINSURED MEDICAL CATASTROPHE FUND FOR THE PURPOSE OF RECEIVING CONTRIBUTIONS DESIGNATED ON STATE INDIVIDUAL INCOME TAX RETURNS TO PROVIDE

H. 5018 (Word version) -- Reps. Rodgers, Barfield, Davenport, Edge, Frye, Keegan, Kelley, Lloyd, Miller and Witherspoon: A BILL TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO DISTINGUISH BETWEEN OPERATION AND EQUIPMENT OF VESSELS AND MOORING OF VESSELS WITHIN THE JURISDICTIONAL LIMITS OF COUNTY AND MUNICIPAL GOVERNMENTS, AND TO PROVIDE THAT THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES MAY ENACT ORDINANCES OR LOCAL LAWS RELATING TO THE MOORING OF VESSELS AND FLOATING OBJECTS WITHIN THEIR JURISDICTIONS, AND RELATING TO TOWING, STORAGE, AND DISPOSITION OF ABANDONED VESSELS AND FLOATING OBJECTS FOUND WITHIN THEIR JURISDICTIONS; AND TO AMEND SECTION 50-21-105, AS AMENDED, RELATING TO TOWING OF WATERCRAFT BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT WITH RESPECT TO WATERCRAFT AND FLOATING OBJECTS WITHIN THEIR JURISDICTIONAL LIMITS, COUNTIES AND MUNICIPALITIES, ACTING THROUGH THE AGENCIES AND INSTRUMENTALITIES OF THEIR RESPECTIVE GOVERNMENTS, MAY TOW AWAY AND STORE AT THE NEAREST COMMERCIAL MARINA OR ANOTHER SUITABLE FACILITY AN UNATTENDED WATERCRAFT, A WATERCRAFT THE OPERATOR OF WHICH IS ILL, INTOXICATED, OR UNDER A DISABILITY WHICH RENDERS HIM INCAPABLE OF FUNCTIONING SAFELY, OR ANOTHER OBJECT WHICH CONSTITUTES A HAZARD TO NAVIGATION AND WHICH IS

H. 5019 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX ACT, SO AS TO EXCLUDE THE ENVIRONMENTAL SURCHARGE IMPOSED PURSUANT TO SECTION 44-56-430 FROM THE DEFINITION OF "GROSS PROCEEDS OF SALES"; TO AMEND SECTION 44-56-430, RELATING TO THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO PROVIDE FOR THE CALCULATION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THE ENVIRONMENTAL SURCHARGE; TO AMEND SECTION 44-56-470, RELATING TO THE ANNUAL REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE'S RETENTION OF FUNDS FOR COSTS INCURRED TO COLLECT AND ENFORCE THE DRYCLEANING FACILITY RESTORATION TRUST FUND; TO AMEND SECTION 44-56-480, RELATING TO THE SURCHARGE ON PERCHLOROETHYLENE (TETRACHLOROETHYLENE) AND STODDARD SOLVENT, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MUST ADMINISTER, COLLECT, AND ENFORCE THE SURCHARGE IN THE MANNER THAT SALES AND USE TAXES ARE ADMINISTERED, COLLECTED, AND ENFORCED UNDER CHAPTER 36 OF TITLE 12; AND TO AMEND SECTION 44-56-485, RELATING TO THE ELECTION TO PLACE A DRYCLEANING FACILITY UNDER THE PROVISIONS OF ARTICLE 4, CHAPTER 56 OF TITLE 44, SO AS TO ADD PROVISIONS PERTAINING TO THE EFFECT OF VOLUNTARY REGISTRATION ON A DRYCLEANING FACILITY'S LIABILITY FOR THE PAYMENT OF CERTAIN TAXES, FEES, PENALTIES, AND INTEREST.
Referred to Committee on Ways and Means

H. 5020 (Word version) -- Reps. Edge, Bales, Barfield, Davenport, Hamilton, Koon, Leach, Loftis and Witherspoon: A BILL TO AMEND SECTION 6-29-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF A COMPREHENSIVE PLAN BY THE

H. 5021 (Word version) -- Rep. Ott: A BILL TO PROVIDE THAT THE INTERCHANGES OF INTERSTATE HIGHWAY 95 WITH HIGHWAY 301 AND HIGHWAY 6 IN ORANGEBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
On motion of Rep. OTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 145 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 61-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF AN OPEN CONTAINER OF BEER OR WINE IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A PASSENGER TWENTY-ONE YEARS OF AGE OR OLDER IN A MOVING LIMOUSINE OR CHARTERED BUS WHO IS NOT IN THE DRIVING COMPARTMENT OR PORTION OF THE VEHICLE WHICH IS ACCESSIBLE TO THE DRIVER WHILE OPERATING THE VEHICLE.
Referred to Committee on Judiciary

S. 391 (Word version) -- Senator J. V. Smith: A BILL TO AMEND TITLE 40, CHAPTER 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSES, BY ADDING ARTICLE 15 SO AS TO ENACT THE REGISTERED NURSE FIRST ASSISTANTS ACT WHICH REQUIRES HEALTH CARE FACILITIES TO ESTABLISH PROCEDURES FOR THE APPOINTMENT OF REGISTERED NURSE FIRST ASSISTANTS (RNFA) AND FOR GRANTING THESE ASSISTANTS CLINICAL PRIVILEGES; AND TO PROVIDE THAT WHEN HEALTH INSURANCE POLICIES, HEALTH CARE SERVICES PLANS, AND OTHER CONTRACTS

S. 937 (Word version) -- Senators Leatherman, Short, Setzler, Alexander and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 41, TITLE 2, RELATING TO THE TAX STUDY COMMISSION, SO AS TO CREATE A JOINT COMMITTEE ON TAXATION.
Referred to Committee on Ways and Means

The following was introduced:

H. 5022 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY AND MANY FRIENDS OF THE REVEREND WILBURN BEASLEY OF CLARENDON COUNTY WHO DIED ON MARCH 19, 2002, AND TO REFLECT ON HIS LONG AND COMPASSIONATE MINISTRY TO THE PEOPLE OF HIS COMMUNITY.

The Resolution was adopted.

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, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Howard                 Huggins                Keegan

Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lucas                  Mack
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Miller
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Perry
Phillips               Rhoad                  Rice
Rivers                 Rodgers                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
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Weeks                  Whatley                Whipper
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

I came in after the roll call and was present for the Session on Thursday, April 4.

Joe Brown                         Bill Riser
Bessie Moody-Lawrence             Gilda Cobb-Hunter
Michael Easterday                 Jerry Govan
Todd Rutherford                   Walton McLeod
Anne Parks                        Tracy Edge
Richard Quinn

Announcement was made that Dr. David Mitchell of Spartanburg is the Doctor of the Day for the General Assembly.

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

Bill Number:   H. 4769 (Word version)
Date:   ADD:
04/04/02   SIMRILL

Bill Number:   H. 4769 (Word version)
Date:   ADD:
04/04/02   EASTERDAY

Bill Number:   H. 4769 (Word version)
Date:   ADD:
04/04/02   CHELLIS

Bill Number:   H. 4622 (Word version)
Date:   ADD:
04/04/02   KNOTTS

Bill Number:   H. 4956 (Word version)
Date:   ADD:
04/04/02   OWENS

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

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.

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

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.

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 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.

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

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.

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.

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

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

S. 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.

The following Bill was taken up:

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 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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\4812MM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   This act may be cited as the "South Carolina Estates and Probate Reform Act."

"(1)   'Adult' is a person who has attained the age of eighteen twenty-one years.

(11)   'Minor' is a person who has not attained the age of eighteen twenty-one years, excluding a person under the age of eighteen twenty-one who is married or emancipated as decreed by the family court."
SECTION   3.   Section 20-7-180(4) of the 1976 Code is amended to read:

"(4)   To the extent that the custodial property is not so expended, the custodian shall deliver or pay it over to the minor on his attaining the age of eighteen twenty-one years or, if the minor dies before attaining the age of eighteen twenty-one years, he the custodian shall thereupon then deliver or pay it over to the estate of the minor. Notwithstanding the requirements of this section, the custodian, in his discretion, may deliver or pay over the custodial property to the payee when the payee attains the age of eighteen."
SECTION   4.   Section 20-7-190(3)(c) of the 1976 Code is amended to read:

"(c) The statute of this State applicable to guardians and conservators;"
SECTION   5.   Section 20-7-210(4) of the 1976 Code is amended to read:

"(4)   If a person designated as custodian or as a successor custodian by the custodian as provided in subsection (1) is not eligible, dies, or becomes legally incapacitated before the minor attains the age of eighteen years and if the minor has a guardian, the guardian of the minor shall be is successor custodian. If the minor has no guardian and if no successor custodian who is eligible and has not died or became legally incapacitated has been designated as provided in subsection (1), a donor, his representative, the legal representative of the custodian, or an adult members member of the minor's family may petition the court for the designation of a successor custodian. The provisions of this subsection shall do not affect the power of a personal representative or trustee to appoint a custodian pursuant to items (g) and (h) of subsection (1) of Section 20-7-160, or the power of an owner of a life insurance policy or annuity contract to appoint a successor custodian pursuant to subsection (4) of Section 20-7-160."
SECTION   6.   Section 62-5-501 of the 1976 Code, as last amended by Act 152 of 1997, is further amended by adding at the end:

"(F)(1)   A third person in this State who receives or is presented with a valid power of attorney executed pursuant to this section, and has not received actual written notice of its revocation or termination, shall not refuse to honor the power of attorney if:

(a)   it contains the following provision or a substantially similar provision:

'No person who may act in reliance upon the representations of my attorney-in-fact for the scope of authority granted to the attorney-in-fact shall incur any liability to me or to my estate as a result of permitting the attorney-in-fact to exercise any such authority, nor shall any such person who deals with my attorney-in-fact be responsible to determine or insure the proper application of funds or property.'; or

(b)   the attorney-in-fact gives him an affidavit under oath and subject to perjury, stating that the powers of the attorney-in-fact are then in effect, the action the attorney-in-fact desires to take is within the scope of his authority granted pursuant to the power of attorney, and the power of attorney has not been revoked or terminated by the principal.

(2)   Unless the third person actually has received written notice of the revocation or termination of a valid power of attorney executed in accordance with this section, a third person in this State who receives or is presented with a power of attorney:

(a)   does not incur liability to the principal or the principal's estate by reason of acting upon the authority of it or permitting the attorney-in-fact to exercise authority;

(b)   is not required to inquire whether the attorney-in-fact has power to act or is properly exercising the power; or

(c)   is not responsible to determine or ensure the proper application of assets, funds, or property belonging to the principal.

(3)   A 'third person' means an individual, a corporation, an organization, or other legal entity for purposes of this subsection.

(G)(1)   An attorney-in-fact is entitled to reimbursement for expenses and compensation for services as provided in the power of attorney. In the absence of a provision in the power of attorney regarding reimbursement or compensation, or both:

(a)   an attorney-in-fact is entitled to reimbursement for all reasonable costs and expenses actually incurred and paid by the attorney-in-fact on the principal's behalf;

(b)   an attorney-in-fact, upon the approval of the probate court, is entitled to reasonable compensation based upon the responsibilities he assumed and the effort he expended; and

(c)   if two or more attorneys-in-fact are serving together, the compensation paid must be divided by them in a manner as they agree or as determined by a court of competent jurisdiction if they fail to agree.

(2)   An interested person may petition a court of competent jurisdiction to review the propriety and reasonableness of payment for reimbursement or compensation to the attorney-in-fact, and an attorney-in-fact who has received excessive payment may be ordered to make appropriate refunds to the principal."
SECTION   7.   Section 62-2-701 of the 1976 Code as added by Act 521 of 1990, is amended to read:

"Section 62-2-701.   A contract to make a will or devise, or to revoke a will or devise, or not to revoke a will or devise, or to die intestate, if executed after the effective date of this act, can be established only by (1) provisions of a will of the decedent stating material provisions of the contract; (2) an express reference in a will of the decedent to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract and extrinsic evidence proving the terms of the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument."
SECTION   8.   The 1976 Code is amended by adding:

"Section 62-2-702.   (A)   The issue of a deceased transferee who survive the transferor take in place of a deceased transferee, who is a great-grandparent or a lineal descendant of a great-grandparent of the transferor, if the deceased transferee:

(1)   is dead as the time of execution of the governing instrument;

(2)   fails to survive the transferor; or

(3)   is treated as if he predeceased the transferor.

(B)   If they are all of the same degree of kinship to the transferee, they take equally. If they are of unequal degree, then those of more remote degree take by representation. One who would have been a

"Section 62-2-805.   (A)   As used in this section:

(1)   'Disposition or appointment of property' includes a transfer of an item of property or other benefit to a beneficiary designated in a governing instrument.

(2)   'Divorce or annulment' means any divorce or annulment, or any dissolution or declaration of invalidity of a marriage, that excludes the spouse as a surviving spouse within the meaning of Section 62-2-802. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.

(3)   'Divorced individual' includes an individual whose marriage has been either dissolved or declared invalid.

(4)   'Governing instrument' means a governing instrument executed by the divorced individual before the divorce or annulment of his marriage to his former spouse.

(5)   'Relative of the divorced individual's former spouse' means an individual who is related to the divorced individual's former spouse by blood, adoption, or affinity and who, after the divorce or annulment, is not related to the divorced individual by blood, adoption, or affinity.

(6)   'Revocable', with respect to a disposition, appointment, provision, or nomination, means one under which the divorced individual, at the time of the divorce or annulment, was alone empowered by law or under the governing instrument to cancel the designation in favor of his former spouse or former spouse's relative, whether or not the divorced individual was then empowered to designate himself in place of his former spouse or in place of his former spouse's relative and whether or not the divorced individual then had the capacity to exercise the power.

(B)   Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a marriage:

(1)   revokes a revocable:

(a)   disposition or appointment of property made by a divorced individual to his former spouse in a governing instrument and

(b)   provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced individual's former spouse or on a relative of the divorced individual's former spouse; and

(c)   nomination in a governing instrument nominating a divorced individual's former spouse or a relative of the divorced individual's former spouse to serve in a fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent, or guardian; and

(2)   severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship, or as community property with the right of survivorship, in a community property jurisdiction, transforming the interests of the former spouses into tenancies in common.

(C)   A severance pursuant to subsection (B)(2) does not affect a third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.

(D)   Provisions of a governing instrument that are not revoked by this section are given effect as if the former spouse and relatives of the former spouse disclaimed the revoked provisions or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.

(E)   Provisions revoked only by this section are revived by the divorced individual's remarriage to the former spouse or by a nullification of the divorce or annulment.

(F)   A change of circumstances other than as provided in this section and in Section 62-2-803 does not result in a revocation.

(G)(1)   A payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument affected by a divorce, annulment, or remarriage or for having taken other action in good faith reliance on the validity of the governing instrument before the payor or other third party received written notice of the divorce, annulment, or

(2)   Written notice of the divorce, annulment, or remarriage must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of the divorce, annulment, or remarriage, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate or, if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination pursuant to this section, shall order disbursement or transfer in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.

(H)(1)   A person who purchases property from a former spouse, relative of a former spouse, or other person for value and without notice of the divorce, annulment, or remarriage, or who receives from a former spouse, relative of a former spouse, or another person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated to return the payment, item of property, or benefit, nor liable for the amount of the payment or the value of the item of property or benefit. A former spouse, relative of a former spouse, or other person who, not for value, received a payment, item of property, or other benefit to which that person is not entitled pursuant to this section is obligated to return the payment, item of property, or benefit, or is liable personally for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it pursuant to this section.

(2)   If this section or part of this section is preempted by federal law with respect to a payment, an item of property, or another benefit provided in this section, a former spouse, relative of the former spouse, or other person who, not for value, received a payment, item of property, or another benefit to which that person is not entitled pursuant to this section is obligated to return that payment, item of

"Section 34-19-120.   In cases where a person has been given a durable power of attorney by a lessee of a safe deposit box who has become mentally incompetent, and the original copy of the power is put in the box, the lessor may permit the person given the power to open the box to obtain the original copy of the power. The lessor may request the person purporting to have been given the durable power of attorney to produce a certified copy of the power or an affidavit declaring that he has been given the power before opening the box. No other contents may be removed from the box pursuant to this section.

The durable power of attorney provided for in this section means a power made durable under the provisions of Section 62-5-501. (A)(1)   The person who has been given a durable power of attorney by a lessee of a safe deposit box may open, or direct the lessor to open, the safe deposit box of the lessee and obtain the original copy of the durable power of attorney; provided that a statement in the form of item (3), or in a similar form showing the same intent, is:

(a)   incorporated in the body of the original durable power of attorney contained in the safe deposit box; or

(b)   contained in a separate statement in the form provided in subsection (B), or in a similar form showing the same intent as that attached or annexed to the original durable power of attorney contained in the safe deposit box.

(2)   If the statement is contained in a separate writing, the execution of the separate statement is not an amendment, modification, or revision of the original power of attorney.

(3)   The statement must be substantially in the following form:
'I__________________, the Principal, do hereby authorize and direct my appointee or appointees as my Attorney-in-Fact in my durable power of attorney, to have access at any time or times to any safe deposit box rented by me, wherever located, in order to remove my original durable power of attorney, and any institution in which any such safe deposit box may be located shall not be required to make any inquiry and shall not incur any liability to me or my estate as a result of permitting my appointee or appointees in my original durable power of attorney to exercise this power. This power shall be exercisable without: (i) any contact with, or notice to, me, my spouse, and/or any interested

(B)   The lessee, at any time after the execution of his durable power of attorney, may execute a separate statement authorizing the removal of his original durable power of attorney from his safe deposit box pursuant to subsection (A), provided that the separate statement is executed by the Principal with the same formalities as the execution and recording of a deed in the State of South Carolina pursuant to Section 30-5-30, and the separate statement is attached or annexed to the original durable power of attorney in the following form, or in a similar form showing the same intent, with the acknowledgement for recorded deeds pursuant to Section 30-5-30(B) or (C).

I, _______ the Principal, do hereby authorize and direct my appointee or appointees as my Attorney-in-Fact in my durable power of attorney dated the __day of __, in the year __, to have access at any time or times to any safe deposit box rented by me, wherever located, in order to remove my original durable power of attorney, and any institution in which any such safe deposit box may be located shall not be required to make any inquiry and shall not incur any liability to me or my estate as a result of permitting my appointee or appointees in my original durable power of attorney to exercise this power. This power shall be exercisable without: (i) any contact with, or notice to, me, my spouse, and/or any interested persons to my estate; (ii) any prior court order or authorization; (iii) any knowledge of, or any prior determination as to, my mental or physical capacity or incapacity; (iv) any knowledge as to my whereabouts regardless whether my whereabouts are known or unknown; or (v) any inquiry.'
IN WITNESS WHEREOF, I have executed this statement on the ______ day of _________, in the year, ___________.
_______________     ______________
(Witness)         Principal
_______________________(Witness)'

(C)   If the original durable power of attorney does not contain a statement in the form provided in subsection (A) or in a similar form showing the same intent, or a separate statement in the form provided in subsection (B) or in a similar form showing the same intent is not

(1)   contact with or notice to the lessee, the lessee's spouse, or an interested person in the lessee's estate;

(2)   a prior court order or court authorization;

(3)   knowledge of, or a prior determination as to, the mental or physical capacity or incapacity of the lessee;

(4)   knowledge as to the lessee's whereabouts, whether the lessee's whereabouts are known or unknown; or

(5)   other inquiry.

(D)   A witness to a statement provided for in subsection (B), who also is an officer authorized to administer oaths pursuant to the laws of this State may notarize the signature of the other witness of the statement in the manner provided by this section.

(E)   A financial institution that authorizes a person who has been given a durable power of attorney by a lessee of a safe deposit box, to remove the original durable power of attorney from the safe deposit box of the lessee, pursuant to subsection (A) or (B), or a financial institution that removes the original durable power of attorney from the safe deposit box of the lessee pursuant to the direction of the person who has been given a durable power of attorney by the lessee, is not required to make further inquiry, and is not liable to the lessee or the lessee's estate as a result of permitting removal of the original power of attorney. The financial institution may request the person purporting to have been given the durable power of attorney to produce a certified copy of the power or an affidavit declaring that he has been given the power before opening the box. No other contents may be removed from the box pursuant to this section.

(F)   The provisions of this section enable the person who has been given a durable power of attorney by a lessee of a safe deposit box to remove or obtain the original durable power of attorney from the safe deposit box of the lessee, and enable the financial institution to allow the removal of the durable power of attorney from the safe deposit box without court action or findings of incapacity of the lessee. This section supplements and does not supplant the current procedures for obtaining the power of attorney of the lessee from the safe deposit box, and is not the exclusive method."
SECTION 11.   Section 27-7-40(a)(iv) of the 1976 Code, as added by Act 398 of 2000, is amended to read:

"(iv)   If all the joint tenants who own real estate held in joint tenancy join in an encumbrance or deed of conveyance, the interest in the real estate shall be is effectively encumbered or conveyed to a third party or parties."
SECTION   12.   Section 62-7-405(3) of the 1976 Code, as last amended by Act 80 of 2001, is further amended to read:

"(3)   shall distribute to a beneficiary who receives a pecuniary amount outright the rate of interest or other amount provided by the will, or the terms of the trust, or applicable law from net income as determined by item (2) or from principal to the extent that net income is insufficient. If the will or the terms of the trust provide no interest amount, then the beneficiary of a pecuniary amount outright may not receive interest or other income on the bequest for one year after the first appointment of a personal representative. Beginning one year after the first appointment of a personal representative, and notwithstanding another provision of this chapter to the contrary, the beneficiary of a pecuniary amount outright must be treated like any other beneficiary pursuant to item (4). If a beneficiary is to receive a pecuniary amount outright from a trust after an income interest ends and no interest or other amount is provided for by the terms of the trust or applicable law, the fiduciary shall distribute the interest or other amount to which the beneficiary would be entitled under applicable law if treat the pecuniary amount as if it were required to be paid under a will and as if the payment were being made beginning one year after the first appointment of a personal representative;"
SECTION   13.   Section 62-7-302(C)(5) of the 1976 Code, as last amended by Act 80 of 2001, is further amended to read:

"(5)(a)   A trustee may invest in any kind of property or type of investment consistent with the standards of this section.

(b)   Nothing in this section prohibits affiliate investments if they otherwise comply with the standards of this section. For these purposes, 'affiliate' means an entity that owns or is owned by the trustee, in whole or in part, or is owned by the same entity that owns the trustee. Affiliate investments include:

( i)   investment and reinvestment in the securities of an open-end or closed-end management investment company or of an investment trust registered under the Investment Company Act of 1940, as amended. A bank or trustee, or both of them, may invest in these securities even if the bank or trustee, or an affiliate of the bank or trustee, provides services to the investment company or investment trust such as that of an investment advisor, custodian, transfer agent,

( ii)   retention of the securities into which corporate securities owned by the trustee may be converted or which may be derived as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures, and the exercise by purchase or otherwise any rights, warrants, or conversion features attaching to the securities;

(iii)   purchase or other acquisition and retention of a security underwritten by a syndicate, even if the trustee or its affiliate participates or has participated as a member of the syndicate, provided the trustee does not purchase the security from itself, its affiliate, or from another member of the underwriting syndicate, or its affiliate, pursuant to an implied or express reciprocal agreement between the trustee, or its affiliate, and the other member, or its affiliate, to purchase all or part of each other's underwriting participation commitment within the syndicate."
SECTION   14.   Section 15-51-42 of the 1976 Code, as last amended by Act 55 of 1999, is further amended by adding at the end:

"(G)   The specific duties, and corresponding time requirements, of the personal representative for the expeditious settlement and distribution of the estate of a decedent under the supervision of the probate court, as provided in Section 62-3-704, may be deferred, in whole or in part, in a reasonable manner during the pendency of a survival action brought on behalf of the estate upon petition by the personal representative of the probate court. For purposes of this subsection, a 'reasonable manner' of deferral includes a tolling of all filing and notice deadlines until a final judgment is entered or a final settlement is approved in the survival action, except that the personal representative shall file an annual report with the probate court of the status of the pending survival action."
SECTION   15.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act 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 act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

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

Reps. HARRISON and F.N. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\ 4819MM02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 14 and inserting:
/ SECTION   14.   Section 15-51-42 of the 1976 Code, as last amended by Act 55 of 1999, is further amended by adding at the end:

"(G)   When the administration of an estate is final except for the administration of survival action proceeds because of the pendency of a survival action brought on behalf of the estate the probate court may issue, upon petition by the personal representative, a special order providing that no accountings are required until the survival action is settled or verdict rendered in a trial. The attorney for the personal representative shall notify the probate court immediately upon completion of the survival action and furnish the court with a copy of the order approving settlement or a copy of the judgment, whichever is appropriate." /
Renumber sections to conform.
Amend totals and title to conform.

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

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

The Speaker granted Rep. TROTTER a leave of absence for the remainder of the day.

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4154 (Word version) be read the third time tomorrow.

The following Bill was taken up:

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 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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1873DW02), which was adopted:
Amend the bill, as and if amended, in SECTION 1, Section 5-21-920(A)(6), page 2, line 6, after /manager,/, by inserting / or administrator /
When amended Section 5-21-920(A)(6) shall read:
/     (6)   A city manager, or administrator currently serving in this State, appointed by the Governor upon the recommendation by the Municipal Association of South Carolina, who shall serve a term of two years; and /

"Section 6-1-50.   Counties and municipalities receiving revenues from state aid, currently known as Aid to Subdivisions, shall submit annually to the Comptroller General a financial report detailing sources of revenue, expenditures by category, indebtedness, and other information as the Comptroller General requires. The federal revenue sharing document may be substituted for the financial report as long as it is required by the Federal Office of Revenue Sharing. The Comptroller General, in conjunction with the Budget and Control Board, Division Office of Research and Statistical Services, shall determine the contents and format of the report and the date of submission. Failure to submit the report shall result in the withholding of ten percent of the current year's state aid until the report is filed. The Budget and Control Board, Division Office of Research and Statistical Services, is responsible for maintaining existing financial data bases databases as exists with the Federal Office of Revenue Sharing. In conjunction with the Comptroller General, Advisory Commission on Intergovernmental Relations, and the University of South Carolina Bureau of Governmental Research and Service, the Division of Research and Statistical Services of the Budget and Control Board shall produce a comprehensive report of this data and submit it to the General Assembly no later than June first of each year." /
Amend title to conform.

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

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4740 (Word version) be read the third time tomorrow.

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

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.

Rep. CAMPSEN explained the Bill.

H. 4891 (Word version) -- Reps. Sharpe, Davenport, Ott and Dantzler: A BILL TO AMEND SECTION 47-5-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FURNISHING ANTIRABIC (HUMAN) VACCINE, SO AS TO PROVIDE THAT THE DEPARTMENT MUST ENSURE THE AVAILABILITY OF ANTIRABIC (HUMAN) VACCINE AND GLOBULIN PRODUCTS

Rep. RHOAD explained the Bill.

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 OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL.

Rep. OTT explained the Joint Resolution.

On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that H. 4683 (Word version) be read the third time tomorrow.

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4891 (Word version) be read the third time tomorrow.

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4516 (Word version) be read the third time tomorrow.

The following Bill was taken up:

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 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.

Reps. KNOTTS, WHATLEY, J. YOUNG and G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21241SD02), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION____.   The 1976 Code is amended by adding:

"Section 23-6-447.   Notwithstanding another provision of law, a retired law enforcement officer may return to active duty without completing law enforcement training at the Criminal Justice Training Academy if he is a commissioned constable and has completed all required continuing law enforcement education credits during his retirement period."/
Renumber sections to conform.
Amend totals and title to conform.

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

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

On motion of Rep. J. YOUNG, with unanimous consent, it was ordered that H. 4514 (Word version) be read the third time tomorrow.

The following Bill was taken up:

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 JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION TO HEAR CERTAIN CASES.

Rep. J. YOUNG explained the amendment.
The amendment was then adopted.

Rep. MCGEE proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11529AC02), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 1 of the bill and inserting:
/SECTION   1.   Section 30-4-30(c) of the 1976 Code is amended to read:
/"(c)(1)   Each public body must designate an agent to accept written requests for records made under this chapter.

(2)   If a written request for records made under this chapter is mailed or delivered directly to the designated agent, the public body shall within ten days (excepting Saturdays, Sundays, and legal public holidays) of the receipt of this request notify the person making the request of its determination and the specific reasons if the request is denied.

(3)   If a written request for records made under this chapter is not mailed or delivered directly to the designated agent, Each the public body, upon written request for records made under this chapter, shall within fifteen days (excepting Saturdays, Sundays, and legal public holidays) of the receipt of any such this request notify the person making such the request of its determination and the specific reasons therefore if the request is denied.

(4)   Such A determination shall constitute made pursuant to this subsection constitutes the final opinion of the public body as to the public availability of the requested public record and, if the request is granted, the record must be furnished or made available for inspection or copying. If written notification of the determination of the public body as to the availability of the requested public record is neither mailed nor personally delivered to the person requesting the document public record within the fifteen days time allowed herein under this subsection, the request must be considered approved granted./
Renumber sections to conform.
Amend totals and title to conform.

Rep. MCGEE explained the amendment.

Rep. J. YOUNG spoke against the amendment.

Rep. J. YOUNG moved to table the amendment, which was agreed to.

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

On motion of Rep. J. YOUNG, with unanimous consent, it was ordered that H. 3999 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 4883 (Word version) -- Reps. Miller, Battle, Freeman, Hayes, Jennings, Keegan, Kennedy and Snow: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO

Rep. DAVENPORT explained the Bill.

Rep. KELLEY objected to the Bill.

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

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4883 (Word version) be read the third time tomorrow.

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.

Rep. CATO proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5292ZCW02), which was adopted:
Amend the bill, as and if amended, Section 38-55-173(A) as contained in SECTION 2, page 2, lines 1 -5 by striking items (1) and (2), and inserting:

/(1)   a third person for the third person's referral of an insurance claimant to the vehicle glass repair business for the repair or replacement of vehicle safety glass;

(2)   an insurance claimant in connection with the repair or replacement of vehicle safety glass; or

(3)   waive, rebate, give, or pay all or part of an insurance claimant's casualty or property insurance deductible as consideration for selecting the vehicle glass repair business. /
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:

H. 4455 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 16-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING COLLEGE TRANSCRIPTS OR DIPLOMAS AND THE FRAUDULENT USE OF THE FALSIFIED OR ALTERED TRANSCRIPTS OR DIPLOMAS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO HIGH SCHOOL DIPLOMAS AND TRANSCRIPTS INCLUDING GED DIPLOMAS.

Rep. TOWNSEND explained the Senate Amendments.

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

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

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,

Rep. CATO proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\AMEND\11527AC02), which was adopted:
Amend the bill, as and if amended, Section 40-19-10, page 4, line 27 by deleting /five/ and inserting /five six/; and on line 28 by deleting /five / and inserting /five three/.
Amend the bill further, Section 40-8-50, page 15, by deleting on lines 36 and 37 /with the advice and consent of the Senate/
Renumber sections to conform.
Amend totals and 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 following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 3450 (Word version) -- Reps. Bingham, Knotts, Lourie, J. E. Smith, Stuart and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR THE OFFENSE OF MISDEMEANOR DEATH BY A VEHICLE, AND TO PROVIDE A PENALTY.

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

Rep. COATES, from the Florence Delegation, submitted a favorable report on:

H. 5004 (Word version) -- Reps. Coates and McGee: A BILL TO AMEND A JOINT RESOLUTION OF 2002, BEARING RATIFICATION NUMBER 221, RELATING TO A REFERENDUM ON SCHOOL FINANCE TO BE HELD IN FLORENCE COUNTY SCHOOL DISTRICT ONE, SO AS TO REVISE THE DATE OF THE REFERENDUM TO THE THIRD TUESDAY FOLLOWING RECEIPT OF OFFICIAL NOTICE OF PRECLEARANCE UNDER THE VOTING RIGHTS ACT, TO PROVIDE SPECIAL NOTICE REQUIREMENTS, AND TO SPECIFY THE REFERENDUM QUESTION.
Ordered for consideration tomorrow.

The following was introduced:

H. 5023 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND MR. EUGENE GREGG, SR., OF RICHLAND COUNTY, FOR HIS

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

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

H. 5024 (Word version) -- Rep. Hayes: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE LATTA HIGH SCHOOL BOYS BASKETBALL TEAM, THE COACHES, STAFF, AND OTHER SCHOOL OFFICIALS, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON WINNING THE 2002 CLASS A 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 Latta High School Boys Basketball Team, the coaches, staff, and other school officials, at a time to be determined by the Speaker, to congratulate them on winning the 2002 Class A State Championship.

The Resolution was adopted.

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

H. 5025 (Word version) -- Reps. Parks, Klauber and Carnell: A CONCURRENT RESOLUTION TO REQUEST THAT THE MEMBERS OF THE GREENWOOD SCHOOL DISTRICT 50 BOARD OF TRUSTEES DESIGNATE THE SITE UPON WHICH BREWER MIDDLE SCHOOL STANDS AS A HISTORICAL LANDMARK, TO REQUEST THAT THE NEW MIDDLE SCHOOL THAT WILL REPLACE THIS SCHOOL BE CONSTRUCTED ON THIS SITE AND RETAIN THE NAME BREWER MIDDLE SCHOOL.

Whereas, Brewer Institute was named in honor of Reverend Josiah Brewer, a distinguished missionary; and

Whereas, this site and the facilities that have occupied it have been a focal point of the African-American community in the field of education for many generations; and

Whereas, it has come to the attention of the members of the General Assembly that Brewer Middle School will be demolished and a new middle school will be constructed to replace this facility; and

Whereas, since the site upon which Brewer Middle School stands and the legacy of the Reverend Josiah Brewer have played an important role in the history of the African-American community that should be preserved. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, request that the members of the Greenwood School District 50 Board of Trustees designate the site upon which Brewer Middle School stands as a historical landmark, construct the middle school that will replace the current Brewer Middle School on this site, and allow the new middle school to retain the name Brewer Middle School.

Be it further resolved that a copy of this resolution be forwarded to the members of the Greenwood School District 50 Board of Trustees.

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

The following was introduced:

H. 5026 (Word version) -- Reps. Campsen, Altman, Bingham, R. Brown, Chellis, Cooper, Dantzler, Fleming, Harrell, Limehouse, Merrill, Quinn, Scarborough, Simrill, G. M. Smith, Whatley and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE, CURRENTLY UNDER CONSTRUCTION, THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 THE H. L. HUNLEY BRIDGE AND INSTALL APPROPRIATE SIGNS OR MARKERS, SO THAT AS THE PUBLIC PASSES, THEY WILL REMEMBER THE SUBMARINE, THE H.L. HUNLEY, AND THE NINE BRAVE CREW MEN WHO DIED ON BOARD.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 5027 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. SHARON L. BUDDIN, PRINCIPAL OF RIDGE VIEW HIGH SCHOOL IN COLUMBIA, FOR BEING NAMED THE 2002 METLIFE/NASSP NATIONAL HIGH SCHOOL PRINCIPAL OF THE YEAR AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN HER FUTURE ENDEAVORS.

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

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

H. 5028 (Word version) -- Reps. Vaughn and Kirsh: A BILL TO AMEND SECTION 12-2-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "PERSON" FOR TAXATION PURPOSES, SO AS TO PROVIDE THAT THE

H. 5029 (Word version) -- Reps. Jennings, Scott and Carnell: A BILL TO AMEND SECTION 11-49-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BONDS ISSUED UNDER THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT, SO AS TO EXTEND THE MATURITY OF THE BONDS THAT MAY BE ISSUED UNDER THE ACT, AND TO AUTHORIZE THE ISSUANCE OF A SERIES OF BONDS DURING FISCAL YEAR 2001-2002 THE PROCEEDS OF WHICH SHALL BE USED TO REFUND CERTAIN OUTSTANDING INDEBTEDNESS OF THE AUTHORITY OR DEPOSITED IN THE STATE GENERAL FUND; AND TO AMEND SECTION 11-11-170, AS AMENDED, RELATING TO USES OF REVENUES PAYABLE TO THE STATE FROM THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO FURTHER PROVIDE FOR THE FUNDS OR REVENUES TO WHICH THIS PROVISION APPLIES AND FOR THE SOURCES OF THESE FUNDS OR REVENUES.
Referred to Committee on Ways and Means

H. 5030 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL PROPERTY OF NONPROFIT HOUSING CORPORATIONS DEVOTED TO PROVIDING HOUSING TO LOW OR VERY LOW INCOME RESIDENTS AND TO ADOPT

The following was introduced:

H. 5031 (Word version) -- Reps. Knotts, 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, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING THE ACADEMIC PROWESS AND ENTREPRENEURIAL SPIRIT OF THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO RECEIVED STATEWIDE DECA AWARDS IN MARKETING COMPETITION IN MYRTLE BEACH RECENTLY AND EXTENDING THESE OUTSTANDING YOUNG CITIZENS, ALONG WITH THEIR TEACHER AND ADVISOR, CARL VADASZ, THE ENCOURAGEMENT AND SUPPORT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AS THEY COMPETE ON THE NATIONAL LEVEL APRIL 20-23, 2002, IN SALT LAKE CITY, UTAH.

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

The following was introduced:

H. 5032 (Word version) -- Rep. Bingham: A CONCURRENT RESOLUTION TO RECOGNIZE CAPTAIN FRANK L. CULBERTSON, JR., FOR THE EXTRAORDINARY LEADERSHIP HE HAS SHOWN IN THE UNITED STATES NAVY AND AS A VETERAN OF THREE SPACE FLIGHTS, INCLUDING SERVING AS COMMANDER OF THE EXPEDITION-3 CREW WHICH DOCKED WITH THE INTERNATIONAL SPACE STATION FOR ONE HUNDRED TWENTY-FIVE DAYS IN 2001.

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

The following Bill was taken up:

H. 4429 (Word version) -- Rep. Askins: A BILL TO AMEND SECTION 54-7-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO REVISE THE DEFINITIONS OF "FIELD ARCHAEOLOGIST", "STATE ARCHAEOLOGIST", AND "UNDERTAKING"; TO AMEND SECTION 54-7-670, AS AMENDED, RELATING TO A HOBBY LICENSE FOR PERSONS WISHING TO CONDUCT TEMPORARY, INTERMITTENT, RECREATIONAL, SMALL SCALE, NONCOMMERCIAL SEARCH, AND RECOVERY OF SUBMERGED PROPERTY, SO AS TO REVISE THE LICENSE FEE, DELETE ALL OTHER CATEGORIES OF HOBBY LICENSES EXCEPT A TWO-YEAR LICENSE; AND DELETE THE REQUIREMENT TO FILE CERTAIN REPORTS UNDER A HOBBY LICENSE WITHIN A WEEK AFTER DIVING ACTIVITIES TOOK PLACE; TO AMEND SECTION 54-7-710, RELATING TO CRITERIA FOR ISSUING AN EXCLUSIVE LICENSE, SO AS TO CHANGE CERTAIN CRITERIA; TO AMEND SECTION 54-7-740, RELATING TO ADDITIONAL PROVISIONS APPLICABLE TO LICENSES ISSUED BY THE STATE ARCHAEOLOGIST, SO AS TO CHANGE THIS TITLE TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-800, RELATING TO THE SUSPENSION OF A

Rep. WITHERSPOON 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 Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 4258 (Word version) -- Reps. Sharpe, Wilkins, W. D. Smith and Davenport: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA

Rep. DAVENPORT explained the Bill.

H. 3978 (Word version) -- Rep. Merrill: A BILL TO AMEND SECTION 44-93-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGULATION FOR GENERATORS OF LESS THAN FIFTY POUNDS OF INFECTIOUS WASTE, SO AS TO REQUIRE SHARPS TO BE MANAGED PURSUANT TO THE REQUIREMENTS OF CHAPTER 93 AND REGULATIONS PROMULGATED UNDER THAT CHAPTER.

Rep. DAVENPORT explained the Bill.

S. 893 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND PARTY DOG HUNTS AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES' CLEMSON OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.

Rep. OTT explained the Bill.

S. 653 (Word version) -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-9-35 SO AS TO PROVIDE THAT LICENSING EXAMINATIONS AND EXAMINATION QUESTIONS MAINTAINED OR

Rep. RHOAD explained the Bill.

S. 191 (Word version) -- Senators Waldrep, McConnell, Leventis, Hawkins, Hutto, Thomas, Giese and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-75 SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY TO A PERSON ACTING IN GOOD FAITH AND WITHOUT COMPENSATION WHO RENDERS EMERGENCY CARE TO AN ANIMAL THAT IS ABANDONED, ILL, OR INJURED.

Rep. RHOAD explained the Bill.

S. 869 (Word version) -- Senators Hayes and Land: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO PERMIT STATE AS WELL AS PRIVATE FUNDS TO BE USED TO COVER ANY EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.

Rep. HARRELL explained the Bill.

H. 4701 (Word version) -- Rep. Harrison: A BILL 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.

Rep. J. R. SMITH explained the Bill.

Rep. J. R. SMITH explained the Bill.

H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT).

Rep. J. R. SMITH explained the Bill.

S. 675 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "REDEVELOPMENT

Rep. J. R. SMITH explained the Bill.

H. 4589 (Word version) -- Reps. Rodgers, Battle, Gilham and Miller: A BILL TO AMEND SECTION 48-39-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FEE FOR A PERMIT TO ALTER A CRITICAL AREA AS DEFINED IN SECTION 48-39-10 WHICH INCLUDES COASTAL WATERS, TIDELANDS, BEACHES, AND A BEACH DUNE SYSTEM, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RAISE OR LOWER THE FEE AFTER COMPLYING WITH THE ADMINISTRATIVE PROCEDURES ACT.

Rep. RICE explained the Bill.

H. 4507 (Word version) -- Reps. Quinn, Barfield, Barrett, Chellis, Cobb-Hunter, Delleney, Freeman, Hinson, Leach, Lucas, J. H. Neal, Neilson, Ott, Sandifer, Taylor, Vaughn, Wilder, A. Young, Bingham, Snow, Knotts, J. R. Smith, Coates, Altman, Martin, Thompson, Simrill, Riser,

Rep. RICE explained the Joint Resolution.

H. 5005 (Word version) -- Reps. Knotts, Bingham, Riser, Stuart, Koon, Frye and Huggins: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

Rep. KNOTTS explained the Bill.

On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4258 (Word version) be read the third time tomorrow.

On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 3978 (Word version) be read the third time tomorrow.

On motion of Rep. OTT, with unanimous consent, it was ordered that S. 893 (Word version) be read the third time tomorrow.

On motion of Rep. RHOAD, with unanimous consent, it was ordered that S. 653 (Word version) be read the third time tomorrow.

On motion of Rep. RHOAD, with unanimous consent, it was ordered that S. 191 (Word version) be read the third time tomorrow.

On motion of Rep. HARRELL, with unanimous consent, it was ordered that S. 869 (Word version) be read the third time tomorrow.

On motion of Rep. J. R. SMITH, with unanimous consent, it was ordered that H. 4701 (Word version) be read the third time tomorrow.

On motion of Rep. J. R. SMITH, with unanimous consent, it was ordered that H. 3765 (Word version) be read the third time tomorrow.

On motion of Rep. J. R. SMITH, with unanimous consent, it was ordered that H. 4835 (Word version) be read the third time tomorrow.

On motion of Rep. J. R. SMITH, with unanimous consent, it was ordered that S. 675 (Word version) be read the third time tomorrow.

On motion of Rep. RICE, with unanimous consent, it was ordered that H. 4589 (Word version) be read the third time tomorrow.

On motion of Rep. RICE, with unanimous consent, it was ordered that H. 4507 (Word version) be read the third time tomorrow.

On motion of Rep. KNOTTS, with unanimous consent, it was ordered that H. 5005 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 4222 (Word version) -- Reps. Frye and Koon: A BILL TO AMEND SECTION 50-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL METHODS OF CATCHING FISH, SO AS TO PROVIDE THAT NOT MORE THAN THREE RATHER THAN TWO DEVICES PERMITTED TO BE USED TO CATCH FISH MAY BE USED BY ANY ONE INDIVIDUAL WHILE FISHING; AND TO AMEND SECTION 50-13-11, AS AMENDED, RELATING TO THE USE OF UNLIMITED NUMBER OF FISHING DEVICES, SO AS TO PROVIDE THAT ANY PERSON FISHING IN A BOAT IN SALT WATER MAY USE AN UNLIMITED NUMBER OF FISHING DEVICES AS PROVIDED IN THE SECTION.

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

The following Bill was taken up:

H. 4260 (Word version) -- Reps. Sharpe and Ott: A BILL 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

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5273DJC02), which was adopted:
Amend the bill, as and if amended, Section 47-5-50, SECTION 1, page 4, line 2, by striking Section 47-5-50 in its entirety and inserting:

/ "Section 47-5-50.(a)   No carnivores, which normally are not domesticated, may be sold as pets in this State. The carnivores include animals known to be reservoirs of rabies such as raccoons, foxes, skunks, and bobcats and related species including, but not limited to, coyotes, wolves, weasels, civet cats, spotted skunks, and lynx. An animal provided for in this section and kept A carnivore kept by an individual must not be allowed to run at large and then returned to confinement. A normally wild animal indigenous to this State, if held captive for a period of time, may be released to the wild. This section does not apply to domesticated ferrets. However, no ferret may be sold in this State without proper and current vaccination against rabies. Evidence of rabies vaccination is a certificate signed by a licensed veterinarian. A person who purchases or possesses a domesticated ferret shall maintain proper vaccination treatment for it annually.

(B)   Purchasers of a domesticated ferret must be provided with a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
'FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING'.

(C)   Each business establishment in this State, to which has been issued a retail sales tax license, which offers ferrets for sale must prominently display a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
'FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING'.

(D)   This section does not apply to the sale, purchase, donation, or transfer of ownership of carnivores between publicly-owned zoos or

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

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

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4260 (Word version) be read the third time tomorrow.

The following Bill was taken up:

S. 894 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR

Rep. OTT explained the Bill.

Rep. A. YOUNG 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. OTT moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Bales                  Barfield
Barrett                Bingham                Bowers
Brown, G.              Brown, J.              Brown, R.
Campsen                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Govan                  Harrell                Harrison
Harvin                 Haskins                Hines, J.
Hines, M.              Huggins                Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Law
Leach                  Lee                    Limehouse
Lloyd                  Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Miller
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Rice                   Riser                  Rivers
Rodgers                Sandifer               Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stuart                 Talley
Taylor                 Townsend               Tripp
Vaughn                 Webb                   Weeks
Whatley                Whipper                White
Wilder                 Wilkins                Witherspoon
Young, A.

Davenport              Fleming                Hamilton
Hinson                 Loftis                 Merrill
Moody-Lawrence         Perry                  Phillips
Scarborough            Smith, G.M.            Thompson
Young, J.

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. RISER, OTT and WITHERSPOON to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J.M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.

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

That the same do pass with the following amendments:

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

/   SECTION 1.   Section 50-13-236 of the 1976 Code, as last amended by Act 401 of 2000, is further amended to read:

"Section 50-13-236.   (A)   The department may establish the daily creel limits and size limits on Lake Murray and on all waters of the Saluda River lying between the Lake Greenwood Dam (Buzzard's Roost Dam) and Lake Murray for striped bass (rockfish) and black bass by regulations promulgated and adopted in accordance with Article 1, Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285.

(B)   Notwithstanding the provisions of subsection (A), the size limit on striped bass (rockfish) taken from Lake Murray is not in effect during the months of June, July, and August. during July and August it is unlawful to retain more than two striped bass (rockfish) per day that are taken from Lake Murray and the Congaree River seaward from the Gervais Street Bridge to the lower dam of Lake Moultrie and less than the legal size limit."

SECTION   2.   This act takes effect upon approval by the Governor./

Amend title to read.

C. Bradley Hutto                  John W. Riser
Greg Gregory                      William D. Witherspoon
Lawrence K. Grooms                Harry Legare Ott
On Part of the Senate.            On Part of the House.

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

The following was received:

Columbia, S.C., April 3, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed

H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.

Very respectfully,
President
Received as information.

Rep. KEEGAN moved to reconsider the vote whereby the following Bill was given unanimous consent to receive a third reading tommorrow, which was agreed to:

H. 4883 (Word version) -- Reps. Miller, Battle, Freeman, Hayes, Jennings, Keegan, Kennedy and Snow: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE GREAT PEE DEE RIVER AS A SCENIC RIVER.

The following Bill was taken up:

H. 4786 (Word version) -- Reps. Meacham-Richardson and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-33-115 SO AS TO PROVIDE THAT NO PERSON SHALL GIVE, SELL, LEASE, ASSIGN, TRANSFER, MORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\ 21218SD02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION   1.   Section 58-33-130(3) of the 1976 Code is amended by adding a new subsection (3) to read:

"(3)   Upon receipt of an application to transfer a certificate for a major utility facility known as a 'merchant plant' pursuant to Section 58-33-110(2), the commission shall hold a hearing in the same manner as a hearing is held on an application for a certificate. For purposes of this subsection, a 'merchant plant' means a major utility facility, as defined in Article 3, Chapter 33, Title 58, not constructed by a utility currently serving retail customers in South Carolina and that does not have at least seventy-five percent of its generation capacity under a contract with a duration of at least ten years with utilities which provide retail electric service to customers in South Carolina." /
Renumber sections to conform.
Amend totals and title to conform.

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

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

On motion of Rep. SANDIFER, with unanimous consent, it was ordered that H. 4786 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 4956 (Word version) -- Reps. Cato, Wilkins, W. D. Smith, Harrison, Harrell, Law, Lee, Riser, G. Brown, White, Talley, Battle, Kelley, Altman, Simrill, Scarborough, Phillips, Tripp, Trotter, Barrett, Dantzler, Bales, J. E. Smith, Lourie, Chellis, Leach, Kirsh, Taylor, Wilder, Barfield, Edge, Hinson, Jennings and Owens: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE AND TELEGRAPH COMPANIES, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE MANNER IN WHICH GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS SHALL BE REGULATED AND TAXED, AND TO PROVIDE FOR OTHER PROVISIONS RELATING TO THE OPERATIONS OF THESE GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS; BY ADDING SECTION 15-78-65 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY HAS NO WAIVER OF IMMUNITY FOR A LOSS RESULTING FROM THE PROVIDING OF TELECOMMUNICATIONS SERVICE BY A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER UNDER ITS AUTHORITY; AND TO AMEND SECTION 58-5-30, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATIONS BY THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS EXEMPTION.

Reps. CATO, SANDIFER, LAW, CHELLIS, COOPER, COTTY, HINSON, MERRILL, DANTZLER, KIRSH, RISER, BARRETT, A. YOUNG, KNOTTS and THOMPSON requested debate on the Bill.

The following Bill was taken up:

H. 4622 (Word version) -- Reps. Wilkins, Harrell, Jennings, Keegan, J. Young, Hayes, Battle, Lourie, G. Brown, Carnell, Cato, Coleman, Emory, Gilham, Hinson, Leach, McGee, J. M. Neal, Ott, Perry, Riser, Sandifer, Scarborough, J. E. Smith, J. R. Smith, Stuart, Trotter, Whatley, Lee, J. Hines, Clyburn, Bales, J. Brown, Govan and Knotts: A BILL TO ENACT THE "SOUTH CAROLINA RESEARCH CENTERS OF ECONOMIC EXCELLENCE ACT", INCLUDING PROVISIONS TO

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\ 4815MM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Title 2 of the 1976 Code is amended by adding:

Section 2-75-05.   (A)   This chapter is known and may be cited as the 'South Carolina Research Centers of Economic Excellence Act'.

(B)   The General Assembly finds that:

(1)   it is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;

(2)   these endowed professorships must be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;

(3)   in communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;

(4)   the South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from private sources sufficient to create endowed professorships;

(5)   these endowed professorships must be awarded to the senior research universities through a competitive application process, provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and

(6)   these endowed professorships, funded equally from the South Carolina Education Lottery and from other private sources, provide a foundation for the creation of centers of economic excellence.

Section 2-75-10.   There is created the Research Centers of Excellence Review Board. The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years, and members are eligible to be appointed for not more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one must be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this chapter. The board is responsible for recommending annually to the Budget and Control Board for approval a schedule by which applications for funding are received and awarded on a competitive basis, awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The review board shall provide an annual report to the Budget and Control Board, which must include an audit performed by an independent auditor.

Section 2-75-20.   The presidents of the senior research universities shall serve as ex officio nonvoting members of the board.

Section 2-75-30.   There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in the amounts provided by the General Assembly. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund.

Section 2-75-40.   The senior research universities, individually or in conjunction with one or more other senior research universities or with other South Carolina higher education institutions, may make application for awards from the endowment as provided in this chapter.

Section 2-75-50.   An application for an award from the endowment must:

(1)   provide to the board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;

(2)   provide to the board documentation that all matching funds are committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds are committed and raised after January 1, 2002;

(3)   be for an amount of not less than two million dollars and not more than five million dollars;

(4)   document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and

(5)   provide specific partnering activities with other institutions, businesses, or the community.

Section 2-75-60.   Upon a determination by the board that the provisions of Section 2-75-50 are met, the board shall appoint a panel of experts chosen from outside South Carolina for their expertise in the respective research field to review the application. The members appointed to the panel shall have no affiliation with the senior research universities. The panel shall convene in the State to review the proposals and to conduct site visits to ensure that appropriate research infrastructure exists at the applying university. The panel shall make a report and recommendation to the board as to the merits of the application not more than ninety days after its submission to the panel. The board then shall make a determination as to whether or not to award the matching funds and the amount of the award.

Section 2-75-70.   Staff and support for the operations of the board and the panels must be provided by the Budget and Control Board. The Budget and Control Board shall approve all necessary funds for the prudent operation of the board, including per diem, subsistence, and mileage expenses of board members as provided by law for members of state boards, committees, and commissions, and for the costs and expenses of the panel members. The expenditures authorized by this section must be provided from the fund created by Section 2-75-30, upon approval by the Budget and Control Board.

Section 2-75-80.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter 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 section, the General Assembly hereby declaring that it would have passed this section, 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."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 4622 (Word version) be read the third time tomorrow.

The following Joint Resolution was taken up:

H. 4855 (Word version) -- Reps. Kelley, Kirsh and Cooper: A JOINT RESOLUTION TO PROVIDE A SPECIAL PROCEDURE APPLICABLE ONLY FOR FISCAL YEAR 2002-2003 FOR MANDATORY EMPLOYEE FURLOUGHS, TO PROVIDE THE

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10978HTC02), which was adopted:
Amend the joint resolution, as and if amended, in SECTION 1, by inserting immediately after /if/ on line 32 / in fiscal year 2001-2002 or 2002-2003/ so that when amended, SECTION 1 reads:
/ SECTION   1.   Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, if in fiscal year 2002-2003 the general funds appropriated for a state agency, institution, or department are less than the general funds appropriated for that state agency, institution, or department in the preceding fiscal year, or if in fiscal year 2001-2002 or 2002-2003 the General Assembly or the State Budget and Control Board implements a midyear across-the-board budget reduction, agency heads may institute employee furlough programs of not more than ten working days in the fiscal year. The furlough must be inclusive of all employees regardless of source of funds or place of work and must include employees in classified positions and unclassified positions and agency heads. Scheduling of furlough day, or portions of days is at the discretion of the agency head, but the agency may not close completely during its regular hours of operation. During this furlough, affected employees are entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. For those benefits which require employer and employee contributions including, but not limited to, contributions to the South Carolina Retirement Systems or the optional retirement program, state agencies, institutions, and departments are responsible for making both employer and employee contributions if coverage would otherwise be interrupted. For those benefits which require only employee contributions, the employee remains solely responsible for making those contributions. Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Procedure Act. If the

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

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

On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 4855 (Word version) be read the third time tomorrow.

Rep. MILLER moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to:

H. 4883 (Word version) -- Reps. Miller, Battle, Freeman, Hayes, Jennings, Keegan, Kennedy and Snow: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE GREAT PEE DEE RIVER AS A SCENIC RIVER.

The following Bill was taken up:

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

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

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

The following Bill was taken up:

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

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

The following Bill was taken up:

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

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

The following Bill was taken up:

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

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

The following Joint Resolution was taken up:

H. 4769 (Word version) -- Reps. J. Young, G. M. Smith, Cotty, Scarborough, Quinn, Bingham, McGee, Knotts, Webb, Rice, Rodgers, Allison, Stille, Altman, Simrill, Battle, Easterday, Chellis, Campsen, Coates, Dantzler, Delleney, Fleming, Gilham, Hamilton, J. Hines, Hinson, Kirsh, Law,

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10974HTC02), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 2 and inserting:
/ SECTION   2.   This act takes effect July 1, 2002. /
Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. RICE, with unanimous consent, it was ordered that H. 4769 (Word version) be read the third time tomorrow.

The following Joint Resolution was taken up:

H. 3764 (Word version) -- Reps. Wilkins and Lourie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RESTRICTIONS ON PLEDGING THE CREDIT OF THIS STATE OR ITS POLITICAL SUBDIVISIONS FOR A PRIVATE PURPOSE AND THE RESTRICTION ON THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS BECOMING A JOINT OWNER OR STOCKHOLDER OF A BUSINESS, SO AS TO ALLOW A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT OF THIS STATE WHICH PROVIDES FIREFIGHTING SERVICE AND WHICH ADMINISTERS A SEPARATE PENSION PLAN FOR ITS

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Section 11, Article X of the Constitution of this State be amended by adding at the end:

"Notwithstanding any other provision of this section, a municipality, county, special purpose district, or public service district of this State which provides firefighting service and which administers a separate pension plan for its employees performing this service may invest and reinvest the funds in this pension plan in equity securities traded on a national securities exchange as provided in the Securities Exchange Act of 1934 or a successor act, or in equity securities quoted through the National Association of Securities Dealers Automatic Quotations System or similar service."

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 11, Article X of the Constitution of this State relating to restrictions on pledging the credit of the State or its political subdivisions for a private purpose and the restrictions on the State or its political subdivisions from becoming a joint owner or stockholder of a business, be amended so as to allow a municipality, county, special purpose district, or public service district of this State which provides firefighting service and which administers a separate pension plan for its employees performing this service to invest and reinvest the funds in this pension plan in equity securities traded on a national securities exchange as provided in the Securities Exchange Act of 1934 or a successor act, or in equity securities quoted through the National

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. RISER explained the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Those who voted in the affirmative are:

Allen                  Allison                Bales
Barfield               Barrett                Bingham
Bowers                 Brown, G.              Brown, J.
Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Hines, J.
Hinson                 Huggins                Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Law
Leach                  Lee                    Lloyd
Loftis                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Rivers                 Rodgers
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
Talley                 Taylor                 Thompson
Tripp                  Walker                 Webb
Weeks                  Whatley                Whipper
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Those who voted in the negative are:

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

On motion of Rep. RISER, with unanimous consent, it was ordered that H. 3764 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 4676 (Word version) -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS;

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

The following Bill was taken up:

H. 4609 (Word version) -- Reps. Kelley, Cotty, Bales, Barrett, Battle, Chellis, Cooper, Davenport, Delleney, Fleming, Huggins, Keegan, Knotts, Lourie, McCraw, Miller, Ott, Phillips, Rice, Riser, Rutherford, Sandifer, J. R. Smith, Snow, Stille, Taylor, Trotter, White, Wilder and Rodgers: A BILL TO AMEND SECTION 8-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LUMP SUM PAYMENT FOR ACCRUED ANNUAL LEAVE OF STATE EMPLOYEES ON RETIREMENT OR SEPARATION FROM SERVICE, SO AS TO PROVIDE THAT NO LUMP SUM MAY BE PAID TO A RETIRED MEMBER OF THE SOUTH CAROLINA

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

The following Joint Resolution was taken up:

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

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

The following Joint Resolution was taken up:

H. 5001 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REAL PROPERTY OWNED BY THE DEPARTMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2685, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The following Joint Resolution was taken up:

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

Rep. SHARPE made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and

Rep. MCGEE moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

At 12:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:

(R228, S. 297 (Word version)) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS, TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT, TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT EFFECTIVE JULY 1, 2004, AND PROVIDE THE BUDGETARY CIRCUMSTANCES IN WHICH THIS TRANSFER DOES NOT OCCUR, TO EXEMPT FROM THE REQUIREMENT THAT

(R229, S. 1052 (Word version)) -- Senator Glover: AN ACT TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION SO AS TO AUTHORIZE THE BOARD TO LEVY ADDITIONAL MILLAGE IN MARION COUNTY SCHOOL DISTRICT SEVEN FOR PAYMENT BY MARION COUNTY SCHOOL DISTRICT SEVEN FOR USE OF SCHOOL FACILITIES LOCATED IN THE DISTRICT WHICH ARE TO BE ACQUIRED BY THE MARION COUNTY BOARD OF EDUCATION.

(R230, H. 3032 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-1-103 SO AS TO ALLOW SPECIFIED CORPORATIONS OR PARTNERSHIPS TO DESIGNATE IN WRITING AN EMPLOYEE OR PRINCIPAL WHO MAY REPRESENT THE CORPORATION OR PARTNERSHIP IN MAGISTRATES' COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE

(R231, H. 4013 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 41-41-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF UNEMPLOYMENT COMPENSATION BENEFITS TO A CLAIMANT WHO MADE A FALSE STATEMENT OR FAILED TO DISCLOSE A MATERIAL FACT WHEN FILING A CLAIM, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO PENALIZE THE CLAIMANT BY WITHHOLDING FUTURE BENEFITS HE MAY BECOME ENTITLED TO; AND TO AMEND SECTION 41-41-40, AS AMENDED, RELATING TO RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED TO RECEIVE THEM, SO AS TO ESTABLISH CIRCUMSTANCES UNDER WHICH THE COMMISSION MAY WAIVE REPAYMENT OF OVERPAID BENEFITS AND TO REQUIRE A PERSON WHO RECEIVED BENEFITS IN ANOTHER STATE TO WHICH HE WAS NOT ENTITLED TO PAY THE COMMISSION FOR THESE OVERPAYMENTS IF BOTH STATES HAVE ENTERED INTO AN INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY AGREEMENT.

(R232, H. 4014 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION AND PREVENTION OF UNEMPLOYMENT, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO REQUIRE EMPLOYERS TO MAKE CERTAIN UNITED STATES BUREAU OF LABOR AND STATISTICS REPORTS AVAILABLE TO THE COMMISSION; 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

(R233, H. 4497 (Word version)) -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R234, H. 4510 (Word version)) -- Reps. Stille, Simrill, Sharpe, Moody-Lawrence, Phillips, Allison, Barfield, Barrett, Bowers, Davenport, Easterday, Emory, Freeman, Gourdine, Hayes, Hinson, Hosey, Keegan, Littlejohn, Lloyd, Martin, McCraw, Merrill, J.M. Neal, Neilson, Parks, Riser, Sandifer, Sinclair, J.E. Smith, J.R. Smith, Taylor, Thompson, Trotter, Walker, White, Witherspoon, Knotts, Clyburn and Rice: AN ACT TO AMEND SECTION 43-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF THE BLIND AND DISABLED PERSONS TO USE PUBLIC FACILITIES AND ACCOMMODATIONS, SO AS TO PROVIDE THAT ANY TRAINER OF A GUIDE DOG, WHILE TRAINING A GUIDE DOG, HAS THE SAME RIGHTS AND PRIVILEGES WITH RESPECT TO ACCESS TO PUBLIC FACILITIES AND ACCOMMODATIONS AS BLIND AND DISABLED PERSONS.

The Senate returned to the House with concurrence the following:

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.

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.

H. 4997 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION CONGRATULATING LATTA HIGH SCHOOL ON WINNING THE CLASS A STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 2002.

H. 5014 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES, INC., UPON THE CELEBRATION OF ITS TWENTY-FIFTH ANNIVERSARY AND TO RECOGNIZE AND COMMEND PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES, INC., FOR ITS OUTSTANDING

At 12:40 p.m. the House, in accordance with the motion of Rep. STUART, adjourned in memory of Sue Rawl Wingard, to meet at 10:00 a.m. tomorrow.

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