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

Printed Page 2854 . . . . . Friday, April 26, 2002

Friday, April 26, 2002
(Local Session)

Indicates Matter Stricken
Indicates New Matter

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

Almighty God, infinite, eternal and unchanging, we confess that without You our human strength and wisdom are insufficient for the urgent needs committed to us. Be, then, constantly with us to guide us in actions great and small, that serving You with our whole effort, all around will be a better place because we have lived and worked in it today. Fill our needs in abundance of Your wisdom. Beyond the shadows of the days in which we live, show us the shining glory of the things You would have us to do. And to You shall be all praise and thanksgiving. Amen.

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

ORDERED ENROLLED FOR RATIFICATION

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

S. 1237 (Word version) -- Senator Holland: A JOINT RESOLUTION TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF CLERK OF COURT OF CHESTERFIELD COUNTY FOR THE REMAINDER OF THE TERM.

S. 1020 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY

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AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.

SENT TO THE SENATE

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

H. 5181 (Word version) -- Reps. J. Young and Weeks: A BILL TO RENAME SUMTER LANDING/PACK'S MARINA IN SUMTER COUNTY ON LAKE MARION AS PACK'S LANDING.

H. 4858 (Word version) -- Reps. Sharpe, Davenport and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC TOXICITY PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE TOXICITY NPDES PERMIT LIMITATIONS IF A DISCHARGE HAS THE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.

H. 4912 (Word version) -- Reps. McLeod and Davenport: A BILL TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH

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CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO DEFINE THE TERMS "POOL/SPA" AND "POOL/SPA OPERATOR"; AND TO AMEND SECTION 40-23-300, AS AMENDED, RELATING TO VARIOUS ENVIRONMENTAL SYSTEMS OPERATOR CERTIFICATION AND LICENSURE CLASSIFICATIONS AND QUALIFICATIONS, SO AS TO INCLUDE REQUIREMENTS FOR LICENSURE AS A BOTTLED WATER CLASS OPERATOR; AND TO ADD SECTION 40-23-330 SO AS TO PROVIDE THE QUALIFICATIONS FOR LICENSURE AS A POOL/SPA OPERATOR.

H. 3905 (Word version) -- Reps. Whipper, Altman, R. Brown, Campsen, Carnell, Cobb-Hunter, Harvin, Kelley and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATES COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD.

H. 4864 (Word version) -- Reps. Sheheen, Altman and Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-115 SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A NOTICE FOR TRIAL BASED UPON THE SWORN STATEMENT OF AN AFFIANT WHO IS NOT A LAW ENFORCEMENT OFFICER, BUT MAY NOT ISSUE AN ARREST WARRANT IF THE AFFIANT IS NOT A LAW ENFORCEMENT OFFICER.

H. 4989 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, SO AS TO PROVIDE THAT, WHENEVER NOTICE IS GIVEN TO A DEFENSE ATTORNEY OF THE SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, THE SOLICITOR MUST ALSO GIVE NOTICE OF INTENT TO SEEK THE DEATH PENALTY TO THE COURT ADMINISTRATOR OF THIS STATE; AND TO AMEND TITLE 14,

Printed Page 2857 . . . . . Friday, April 26, 2002
RELATING TO COURTS, BY ADDING CHAPTER 29 SO AS TO PROVIDE GENERAL PROVISIONS FOR COURT ADMINISTRATION INCLUDING PROVISIONS RELATING TO SOLICITORS PROVIDING NOTICE OF INTENTION TO SEEK THE DEATH PENALTY IN CERTAIN CASES AND THE REPORTING OF CERTAIN STATISTICAL INFORMATION TO THE OFFICE OF THE COURT ADMINISTRATOR RELATING TO CRIME TO ENABLE ACCURATE RECORDKEEPING.

H. 5106 (Word version) -- Reps. Parks, Breeland, Whipper, Clyburn, Moody-Lawrence, Harrison, Lloyd, J. Hines, Weeks, Allen, Allison, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Carnell, Cato, Cobb-Hunter, Coleman, Freeman, Frye, Gilham, Gourdine, Govan, Harrell, Haskins, Hayes, M. Hines, Hosey, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Koon, Leach, Lee, Lourie, Lucas, Mack, Martin, McGee, McLeod, Meacham-Richardson, Miller, J. H. Neal, Neilson, Ott, Perry, Quinn, Rhoad, Rodgers, Rutherford, Scott, Sheheen, Simrill, F. N. Smith, J. E. Smith, W. D. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Walker, Wilder and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-97 SO AS TO EXEMPT A TEAM PHYSICIAN LICENSED IN ANOTHER STATE FOR LICENSURE IN THIS STATE IF THE PHYSICIAN IS EMPLOYED OR DESIGNATED AS THE TEAM PHYSICIAN FOR A TEAM VISITING THIS STATE AND THE PHYSICIAN ONLY TREATS THE TEAM MEMBERS, COACHES, AND STAFF.

H. 4954 (Word version) -- Reps. Townsend, Martin, W. D. Smith, Gilham, J. Hines, Huggins, Lloyd, Lourie, Miller, J. H. Neal, J. M. Neal, D. C. Smith, Stille, Stuart, Walker and Webb: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATE'S HIGHWAYS, BY ADDING ARTICLE 26 SO AS TO DEFINE, ESTABLISH PROVISIONS REGULATING THE OPERATION OF, AND PROVIDE PENALTIES FOR THE ILLEGAL OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.

Printed Page 2858 . . . . . Friday, April 26, 2002

RETURNED TO THE SENATE WITH AMENDMENTS

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

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

ADJOURNMENT

At 11:00 a.m. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 noon, Tuesday, April 30.

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