Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Dr. Whaley S. 'Bill' Barton, Jr. as follows:

Dear God, You are a God of immense and unequalled love. You not only have given life to us, but You have loved us sacrificially. Your love is evident in the blessings we experience daily. We have much to thank You for. Each day brings new challenges and this day is no exception. Please Lord, help us to meet the challenges of this day in an appropriate and loving manner as we work together. Give us the resilience and perseverance we need today and help us to demonstrate genuine love to those who are easy to love as well as those who are hard to love. Thank You dear Lord. Amen.

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

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

Rep. DAVENPORT moved that when the House adjourns, it adjourn in memory of Dr. Paul D. Burrell, Jr. of Spartanburg, which was agreed to.

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

Document No. 2646
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-30 and 47-20-165
Standards for the Permitting of Agricultural Animal Facilities
Received by Speaker of the House of Representatives
February 6, 2002

Document No. 2620
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 38-73-70; 1-23-110 et seq.
Percentage Named Storm or Wind/Hail Deductible
Received by Speaker of the House of Representatives
April 26, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration August 24, 2001 (Subject to Sine Die Revision)
Withdrawn February 6, 2002

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

H. 4447 (Word version) -- Reps. Coates and McGee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT EXIT 157 ALONG INTERSTATE 95 IN FLORENCE COUNTY THE "CONGRESSMAN ED YOUNG INTERCHANGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT EXIT 157 THAT CONTAIN THE WORDS "CONGRESSMAN ED YOUNG INTERCHANGE".
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

S. 856 (Word version) -- Senators Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler, Waldrep and Drummond: A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL

The Senate sent to the House the following:

S. 989 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO JOIN THE WORLD IN RECOGNIZING THE STUDENTS AND STAFF OF WHITE KNOLL MIDDLE SCHOOL OF WEST COLUMBIA IN LEXINGTON COUNTY, SCHOOL DISTRICT ONE, FOR THEIR AWESOME ACCOMPLISHMENT IN RAISING MORE THAN FIVE HUNDRED TWENTY THOUSAND DOLLARS TO REPLACE A FIRE ENGINE LOST TO NEW YORK CITY LADDER COMPANY 101/ENGINE 202 IN THE DEVASTATION OF SEPTEMBER 11, AND TO EXPRESS TO THE STUDENTS AND STAFF THE PRIDE OF THE CITIZENS OF SOUTH CAROLINA IN THEIR DEMONSTRATION OF BOUNDLESS COMPASSION AND COMMITMENT.

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

The following was introduced:

H. 4672 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION EXPRESSING THE SINCERE SORROW OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES REGARDING THE DEATH OF DR. THOMAS M. DAVIS OF CLARENDON COUNTY AND

The Resolution was adopted.

The following was introduced:

H. 4673 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION CONGRATULATING THRIFT BROTHERS OF SENECA ON RECEIVING THE CAROLINAS AGC'S 2001 PINNACLE AWARD AS CONTRACTOR FOR "BEST UTILITY PROJECT", THE SOUTHERN CONNECTOR IN GREENVILLE COUNTY.

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 committees:

H. 4674 (Word version) -- Reps. Huggins, Bingham, Simrill and Riser: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS UNDER THE AGE OF EIGHTEEN, SO AS TO CLARIFY THAT THE TERM "PAGING DEVICE" ALSO INCLUDES A "CELL PHONE", TO PERMIT THE POSSESSION, BUT NOT USE OF, THESE DEVICES ON SCHOOL PROPERTY DURING REGULAR SCHOOL HOURS, TO PERMIT THE POSSESSION AND USE OF THESE DEVICES BEFORE AND AFTER SCHOOL AND DURING SCHOOL-RELATED ACTIVITIES UNDER CERTAIN CONDITIONS, TO REQUIRE PARENTAL CONSENT FOR THE USE OR POSSESSION OF THESE DEVICES AS PERMITTED ABOVE, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works

H. 4675 (Word version) -- Reps. Haskins, Gilham, Hamilton, Koon, Leach, Littlejohn, Quinn, Stille and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

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; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER; TO AMEND SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS; TO AMEND SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE; AND TO AMEND SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS

H. 4677 (Word version) -- Rep. Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-17 SO AS TO AUTHORIZE FIRE DISTRICTS CREATED PURSUANT TO THE PROVISIONS OF CHAPTERS 9 AND 19 OF TITLE 4 TO PROVIDE A LIMITED NONTRANSPORTATIVE RESCUE SERVICE WITHIN THEIR BOUNDARIES.
Referred to Committee on Ways and Means

H. 4678 (Word version) -- Rep. Rodgers: A BILL TO AMEND SECTION 53-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF SUNDAY WORK PROHIBITIONS, SO AS TO PROVIDE THAT SUNDAY WORK PROHIBITIONS MAY BE SUSPENDED IN AN UNINCORPORATED AREA BY THE COUNTY GOVERNING BODY BY ORDINANCE AND IN AN INCORPORATED AREA BY THE GOVERNING BODY OF A MUNICIPALITY IN THOSE COUNTIES WHICH ARE NOT EXEMPT FROM THE PROHIBITION AND TO DELETE CERTAIN REFERENDUM PROVISIONS.
Referred to Committee on Judiciary

H. 4679 (Word version) -- Rep. Rodgers: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT CERTAIN WORDS AND NUMBERS INCLUDING THE MEMBER'S DISTRICT AND DISTRICT NUMBER MUST APPEAR ON A PERSONALIZED LICENSE PLATE THAT IS ISSUED TO A MEMBER OF THE GENERAL ASSEMBLY.
Referred to Committee on Education and Public Works

H. 4680 (Word version) -- Reps. Talley and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE

H. 4681 (Word version) -- Rep. A. Young: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED, SO AS TO PROVIDE FOR THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON FROM ANOTHER COUNTRY WHO IS PRESENT IN SOUTH CAROLINA ON A FIANCÉ VISA AND WHO HAS A VALID SOCIAL SECURITY NUMBER, TO PROVIDE THAT THIS DRIVER'S LICENSE IS VALID FOR ONE YEAR, AND TO PROVIDE THAT THE FEE FOR THIS DRIVER'S LICENSE IS TEN DOLLARS.
Referred to Committee on Education and Public Works

H. 4682 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT AFTER JUNE 30, 2001, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY.
Referred to Committee on Judiciary

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

H. 4684 (Word version) -- Reps. White, Bales, Dantzler, Govan, Harvin, Keegan, Koon, Martin, Perry, Riser, Robinson, Stuart, Thompson, Trotter and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-415 SO AS TO PROVIDE THAT ANY PUBLIC COLLEGE OR UNIVERSITY OF THIS STATE SOLICITING PRIVATE FUNDS FOR THE PURPOSE OF PAYING ANY COSTS ASSOCIATED WITH THE CONSTRUCTION OR RENOVATION OF A COLLEGE OR UNIVERSITY BUILDING OR FACILITY MUST SET ASIDE NOT LESS THAN THREE PERCENT OF THESE MONIES IN A SPECIAL ESCROW ACCOUNT TO BE USED FOR THE SOLE PURPOSE OF PROVIDING REGULAR OR DEFERRED MAINTENANCE FOR THE BUILDING OR FACILITY AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Ways and Means

H. 4685 (Word version) -- Reps. Gourdine, Battle, Breeland, R. Brown, Clyburn, Cobb-Hunter, Dantzler, Davenport, Frye, J. Hines, M. Hines, Hosey, Kennedy, Lee, Mack, McGee, Merrill, J. H. Neal, Ott, Scarborough, Scott, F. N. Smith, J. E. Smith and Whipper: A BILL TO AMEND SECTION 50-21-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO DELETE CERTAIN RESTRICTIONS AND PROVIDE THAT IT IS UNLAWFUL TO USE AIRBOATS DURING THE PERIOD FROM ONE HOUR AFTER LEGAL SUNSET TO LEGAL SUNRISE AND AT ANYTIME DURING THE SEASON FOR HUNTING WATERFOWL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4686 (Word version) -- Reps. Simrill, Moody-Lawrence, Kirsh and Meacham-Richardson: A BILL TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP

H. 4690 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR ANTLERED DEER IN GAME ZONE FOUR.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Referred to Committee on Judiciary

S. 828 (Word version) -- Senators McConnell, Ritchie and Richardson: A BILL TO AMEND CHAPTER 19, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES

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

S. 959 (Word version) -- Senator McGill: A BILL TO AMEND ACT 515 OF 1996, AS AMENDED, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE HORRY-GEORGETOWN COMMISSION FOR TECHNICAL EDUCATION, AND PROVIDE THAT APPOINTMENTS TO THIS COMMISSION BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
Referred to Georgetown Delegation

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

H. 4687 (Word version) -- Reps. Wilkins and Townsend: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2002, AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH".

Whereas, in South Carolina, during the last ten years, over five hundred thousand injuries have been reported in highway crashes; and

Whereas, an average of nearly three people a day die in wrecks on highways in South Carolina; and

Whereas, safe highways are essential to the continued well-being of the citizens of South Carolina and to the future growth and development of the State; and

Whereas, raising public awareness about highway safety can reduce the number of highway injuries and fatalities and the amount of dollars and property lost in South Carolina. Now, therefore,

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

That the members of the General Assembly, by this resolution, declare the month of May 2002, as "South Carolina Highway Safety Month" throughout the State, encourage public and private agencies, organizations, and individuals to join together to raise public awareness regarding the importance of highway safety, and encourage all South Carolinians to work together to ensure the safety of our citizens on South Carolina's highways.

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

The following was introduced:

H. 4688 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF STATE HIGHWAY 336 IN JASPER COUNTY AS THE "CLARENCE W. FLOYD MEMORIAL HIGHWAY" IN MEMORY OF FORMER SHERIFF CLARENCE FLOYD OF JASPER COUNTY WHO WAS ELECTED SHERIFF IN 1946 AND SERVED CONTINUOUSLY UNTIL JANUARY 18, 1962 WHEN HE WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4689 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Miller and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND MR. SANTI JIMONGKONKUL OF HORRY COUNTY FOR HIS REMARKABLE ACTS OF COURAGE IN THE FACE OF LIFE-THREATENING DANGER WHEN HE RISKED HIS OWN LIFE TO SAVE THE LIFE OF CRYSTAL GAIL HUGGINS.

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

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gourdine
Hamilton               Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Rhoad

Rice                   Riser                  Rivers
Robinson               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, February 7.

Robert Harrell                    James Battle
Bill Cotty                        Todd Rutherford
Jerry Govan                       Joseph Neal

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

Reps. KOON and J. H. NEAL signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 6.

Announcement was made that Dr. Roy Nickles of Charleston is the Doctor of the Day for the General Assembly.

Rep. WILKINS and the Greenville Delegation, presented to the House the Greenville High School Cheerleaders, the Class AAA Champions, and their coaches.

Reps. JENNINGS, FREEMAN, NEILSON and HAYES presented to the House the Marlboro High School Football Team, the 2001 Class AAAA, Division II Champions, their coaches and other school officials.

Rep. TROTTER and the Pickens Delegation presented to the House the Pickens High School Girls Volleyball Team, the 2002 Class AAA Champions, their coaches and staff.

Reps. CHELLIS, BARRETT, BATTLE, COLEMAN, DELLENEY, HARRISON, KLAUBER, RIVERS, SCARBOROUGH and J. YOUNG presented to the House the Citadel "Bulldogs" 2001 Baseball Team, the Southern Conference Champions, their coaches and other school officials.

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

Bill Number:   H. 3250 (Word version)
Date:   ADD:
02/07/02   MARTIN

Bill Number:   H. 3250 (Word version)
Date:   ADD:
02/07/02   SIMRILL

Bill Number:   H. 3250 (Word version)
Date:   ADD:
02/07/02   DANTZLER

Bill Number:   H. 4413 (Word version)
Date:   ADD:
02/07/02   BOWERS

Bill Number:   H. 4583 (Word version)
Date:   REMOVE:
02/07/02   THOMPSON

Bill Number:   H. 4594 (Word version)
Date:   REMOVE:
02/07/02   COOPER

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

H. 4649 (Word version) -- Reps. Taylor and Wilder: A BILL TO PROVIDE A METHOD FOR FILLING VACANCIES ON THE BOARDS OF

H. 3405 (Word version) -- Reps. Fleming, Simrill, Knotts, Scarborough, J. Young, G. M. Smith, Harrison, Delleney, Haskins, F. N. Smith, Taylor, Altman, Barrett, Campsen, Cooper, Davenport, Klauber, Littlejohn, McCraw, Phillips, Rice, Riser, Robinson, Sandifer, Sharpe, D. C. Smith, J. R. Smith, Trotter, Vaughn, Walker, White, Huggins, Hinson, Gourdine, A. Young, Martin, Thompson, Chellis, Merrill, Tripp, Dantzler, Owens, Meacham-Richardson, Bingham and Talley: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION AND FROM PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THIS PROVISION.

H. 4431 (Word version) -- Reps. Rodgers, Simrill, Meacham-Richardson and Gilham: A BILL TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.

H. 4391 (Word version) -- Reps. Townsend, Littlejohn and Walker: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND

H. 4611 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2566, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4656 (Word version) -- Rep. F. N. Smith: A BILL TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENT THAT CIVIL ACTIONS MUST BE COMMENCED WITHIN THE STATUTORILY PRESCRIBED TIME FRAMES, SO AS TO PROVIDE THAT A CIVIL ACTION IS COMMENCED WHEN THE SUMMONS AND COMPLAINT ARE FILED WITH THE CLERK OF COURT IF ACTUAL SERVICE IS ACCOMPLISHED WITHIN ONE HUNDRED-TWENTY DAYS AFTER THE FILING.

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

H. 4661 (Word version) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON OCTOBER 29, 30, AND 31, 2001, BY THE STUDENTS OF TRAVELERS REST HIGH SCHOOL IN THE GREENVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO LAW ENFORCEMENT CONCERNS 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.

S. 45 (Word version) -- Senators Land, Giese, Ford, Mescher, Reese, Rankin and Branton: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS

Rep. EDGE explained the Bill.

H. 4485 (Word version) -- Reps. Huggins, Bingham, Edge, Frye, Koon, Riser and Sandifer: A BILL TO AMEND SECTIONS 25-1-420, 25-1-430, 23-49-20, 23-49-30, 23-49-60, 38-75-470, AS AMENDED, 44-61-30, AS AMENDED, 48-40-60, AND 49-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION".

Rep. J. BROWN explained the Bill.

S. 478 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(E) IS CONSIDERED A SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE, AND SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(F) IS CONSIDERED A MOST SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE.

Rep. DELLENEY explained the Bill.

H. 4303 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 39-15-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS WHICH PRECLUDE THE REGISTRATION OF CERTAIN DISTINGUISHING MARKS FOR GOODS OR SERVICES, SO AS TO PROVIDE THAT CERTAIN MARKS OR

Rep. MCGEE explained the Bill.

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4661 (Word version) be read the third time tomorrow.

On motion of Rep. CATO, with unanimous consent, it was ordered that S. 45 (Word version) be read the third time tomorrow.

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 4485 (Word version) be read the third time tomorrow.

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 478 (Word version) be read the third time tomorrow.

On motion of Rep. MCGEE, with unanimous consent, it was ordered that H. 4303 (Word version) be read the third time tomorrow.

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

S. 92 (Word version) -- Senators Wilson, Thomas, Reese, Rankin and Branton: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE

The following Bill was taken up:

H. 3943 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 15 SO AS TO ENACT THE "STRUCTURED SETTLEMENT PROTECTION ACT", WHICH PROVIDES PROCEDURES TO REGULATE THE TRANSFER OF STRUCTURED SETTLEMENTS, INCLUDING PROVISIONS REQUIRING COURT OR ADMINISTRATIVE AUTHORITY APPROVAL IN ADVANCE FOR THE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, AND ESTABLISHING DISCLOSURE REQUIREMENTS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\4657MM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Title 15 of the 1976 Code is amended by adding:

Section 15-50-10.   This act may be cited as the 'Structured Settlement Protection Act'.

Section 15-50-20.   As used in this chapter:

(1)   'Annuity issuer' means an insurer that has issued a contract to fund periodic payments under a structured settlement.

(2)   'Dependents' include a payee's spouse and minor children and all other persons for whom the payee legally is obligated to provide support, including alimony.

(3)   'Discounted present value' means the present value of future payments determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service.

(4)   'Gross advance amount' means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before a reduction for transfer expenses or other deduction is made from the consideration.

(5)   'Independent professional advice' means advice of an attorney, certified public accountant, actuary, or other licensed professional advisor.

(6)   'Interested parties' means, with respect to a structured settlement, the payee, a beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and another party that has continuing rights or obligations under the structured settlement.

(7)   'Net advance amount' means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses that must be disclosed pursuant to Section 15-50-30(5).

(8)   'Payee' means an individual who is receiving tax-free payments under a structured settlement and who proposes to make a transfer of payment rights under the settlement.

(9)   'Periodic payments' includes recurring payments and scheduled future lump sum payments.

(10)   'Qualified assignment agreement' means an agreement providing for a qualified assignment within the meaning of Section 130 of the United States Internal Revenue Code, United States Code Title 26.

(11)   'Settled claim' means the original tort claim or worker's compensation claim resolved by a structured settlement.

(12)   'Structured settlement' means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement of a worker's compensation claim.

(13)   'Structured settlement agreement' means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement.

(14)   'Structured settlement obligor' means, with respect to a structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement.

(15)   'Structured settlement payment rights' means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, if the:

(a)   payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this State; or

(b)   structured settlement agreement was approved by a court in this State; or

(c)   structured settlement agreement is governed expressly by the laws of this State.

(16)   'Terms of the structured settlement' include the terms of the structured settlement agreement, the annuity contract, a qualified assignment agreement, and an order or other approval of a court.

(17)   'Transfer' means the sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration; except that the term 'transfer' does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of an action to redirect the structured settlement payments to the insured depository institution, or an agent or successor in interest of it, or otherwise to enforce the blanket security interest against the structured settlement payment rights.

(18)   'Transfer agreement' means the agreement providing for a transfer of structured settlement payment rights.

(19)   'Transfer expenses' means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount including, without limitation, court filing fees, attorneys' fees, escrow fees, lien recordation fees, judgment and lien search fees, finder's fees, commissions, and other payments to a broker or other intermediary. 'Transfer expenses' do not include preexisting obligations of the payee payable for the payee's account from the proceeds of a transfer.

(20)   'Transferee' means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.

Section 15-50-30.   Not less than three days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, including:

(1)     amounts and due dates of the structured settlement payments being transferred;

(2)     aggregate amount of the payments;

(3)     discounted present value of the payments being transferred, which must be identified as the 'calculation of current value of the

(4)     gross advance amount;

(5)     itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of the fees and disbursements;

(6)     net advance amount;

(7)     amount of penalties or liquidated damages payable by the payee if the payee breaches the transfer agreement; and

(8)     a statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.

Section   15-50-40.     A direct or indirect transfer of structured settlement payment rights is not effective and a structured settlement obligor or annuity issuer is not required to make a payment directly or indirectly to a transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order based on express findings by the court that the:

(1)   transfer is in the best interests of the payee, taking into account the welfare and support of the payee's dependents;

(2)   payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer or knowingly and in writing has waived receipt of that advice; and

(3)   transfer does not contravene an applicable statute or the order of any court or other government authority.

Section 15-50-50.   Following a transfer of structured settlement payment rights pursuant to this chapter:

(1)   the structured settlement obligor and the annuity issuer, as to all parties except the transferee, are discharged and released from liability for the transferred payments; and

(2)   the transferee is liable to the structured settlement obligor and the annuity issuer:

(a)   for taxes incurred by the parties as a consequence of the transfer if the transfer contravenes the terms of the structured settlement; and

(b)   for other liabilities or costs, including reasonable costs and attorneys' fees, arising from compliance by the parties with the order of

(3)   neither the annuity issuer nor the structured settlement obligor are required to divide a periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and

(4)   any further transfer of structured settlement payment rights by the payee may be made only after compliance with all the requirements of this chapter.

Section 15-50-60.   (A)   An application pursuant to this chapter for approval of a transfer of structured settlement payment rights may be made by the transferee and may be brought in a court of competent jurisdiction, including the probate court if the transferee is a minor or the original settlement was approved by the probate court, in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court which approved the structured settlement agreement.

(B)   Not less than twenty days before the scheduled hearing on an application for approval of a transfer of structured settlement payment rights pursuant to Section 15-50-40, the transferee must file with the court and serve on all interested parties a notice of the proposed transfer and the application for its authorization. The notice must include:

(1)   a copy of the transferee's application;

(2)   a copy of the transfer agreement;

(3)   a copy of the disclosure statement required pursuant to Section 15-50-30;

(4)   a listing of each of the payee's dependents, and each dependent's age;

(5)   notification that an interested party may support, oppose, or otherwise respond to the transferee's application, in person or by counsel, by submitting written comments to the court, or by participating in the hearing; and

(6)   notification of the time and place of the hearing and notification of the manner and the time for filing written responses to the application, which must be not less than fifteen days after service of the transferee's notice, for consideration by the court.

Section 15-50-70.   (A)   The provisions of this chapter may not be waived by a payee.

(B)   A transfer agreement entered into on or after the effective date of this chapter by a payee who resides in this State must provide that disputes under the transfer agreement, including a claim that the payee has breached the agreement, must be determined pursuant to the laws of this State. A transfer agreement may not authorize the transferee or another party to confess judgment or consent to entry of judgment against the payee.

(C)   Transfer of structured settlement payment rights do not extend to payments that are life-contingent unless, before the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for:

(1)   periodically confirming the payee's survival; and

(2)   giving the annuity issuer and the structured settlement obligor prompt written notice if the payee dies.

(D)   A payee who proposes to make a transfer of structured settlement payment rights does not incur any penalty, forfeit any application fee or other payment, or otherwise incur a liability to the proposed transferee or an assignee based on a failure of the transfer to satisfy the conditions of this chapter.

(E)   This chapter does not authorize a transfer of structured settlement payment rights in contravention of law nor imply that a transfer under a transfer agreement entered into before the effective date of this chapter is valid or invalid.

(F)   Compliance with the requirements of Section 15-50-30 and fulfillment of the conditions in Section 15-50-40 are the sole responsibility of the transferee in a transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer bear responsibility for, or liability arising from, noncompliance with the requirements or failure to fulfill the conditions."
SECTION   2.   This act applies to a transfer of structured settlement payment rights under a transfer agreement entered into on or after thirty days of the date of enactment of this act; except that nothing contained in this act implies that a transfer under a transfer agreement reached before that date is either effective or ineffective.
SECTION   3.   This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. CAMPSEN explained the Bill.

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

On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that H. 3943 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3931 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22305CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 56-5-4030 of the 1976 Code is amended to read:

"Section 56-5-4030.   (A)   As contained in this section, 'appurtenances' include:

(1)   an awning and its support hardware; and

(2)   an appendage that is intended to be an integral part of a motor home, travel trailer, or truck camper and is installed by the manufacturer or dealer which includes, but is not limited to, vents, electrical outlet covers, and window frames.

(B)   The total outside width of a vehicle or the load on it may not exceed one hundred two inches exclusive of safety devices approved by the department.

(C)   Appurtenances on motor homes, travel trailers, and truck campers in noncommercial use may extend to a maximum of six inches on one side and four inches on the other beyond the maximum width requirement contained in subsection (B)."
SECTION   2.   Section 56-5-4070(B) of the 1976 Code is amended to read:

"(B)   No motor vehicle, exclusive of truck tractors being used in two or three unit combinations on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Transportation in accordance with Section 56-5-4075, may exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers and load carried on it, except buses and motor homes as approved by the department, or motor homes which may not exceed forty-five feet in length, if the turning radius of the motor home is forty-eight feet or less."
SECTION   3.   Section 56-5-4070(F) of the 1976 Code is amended to read:

"(F)   Appropriate safety and energy conservation devices and compressors and fuel saving equipment on the front or loading devices on the rear of trailers or semitrailers vehicles must not be considered when determining their length for purposes of this section if the overall length limitations of combinations of vehicles is not exceeded."
SECTION   4.   Section 57-3-150 of the 1976 Code, as added by Part II, Section 85A, Act 497 of 1994, is amended to read:

"Section 57-3-150.   (A)   The Department of Transportation, under the terms and conditions it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation. The fee for the permit is fifty dollars, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one

(B)   The Department of Transportation may issue to a motor home, travel trailer, or truck camper manufacturer, dealer, or transporter an annual trip permit authorizing the unlimited commercial movement of a motor home, travel trailer, or truck camper in the manufacturer's, transporter's, or dealer's possession which exceeds the maximum width specified in Section 56-5-4030(B). Notwithstanding the provisions contained in subsection (A), additional permit requirements must not be imposed on the commercial movement of motor homes, travel trailers, or truck campers if they comply with the provisions contained in Section 56-5-4030."
SECTION   5.   This act takes effect upon approval by the Governor. /
Amend title to conform.

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

Rep. TOWNSEND explained the Bill.

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

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 3931 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3840 (Word version) -- Rep. Edge: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, SO AS TO REQUIRE ALL STATE AGENCIES CHARGED WITH ENFORCING NATIONAL BUILDING CODES TO ADOPT THE

Rep. CATO 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. 4430 (Word version) -- Reps. Cato, Kirsh, Walker, Law and Vaughn: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE TO THE DEPARTMENT OF INSURANCE WHICH RECOMMENDS CONTINUING EDUCATION COURSES FOR APPROVAL BY THE DEPARTMENT, SO AS TO MAKE A TECHNICAL CORRECTION BY CHANGING THE NAME OF AN ADVISORY BOARD MEMBER FROM THE SOUTH CAROLINA ASSOCIATION OF LIFE UNDERWRITERS TO ITS CURRENT NAME OF THE SOUTH CAROLINA ASSOCIATION OF INSURANCE AND FINANCIAL ADVISORS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\ 18184ZCW02), which was adopted:
Amend the bill, as and if amended, in Section 1, line 8, page 2, by striking /Carolina's Association of Professional Insurance Agents / and inserting:
/ Professional Insurance Agents of South Carolina /

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

Rep. TRIPP explained the Bill.

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

On motion of Rep. TRIPP, with unanimous consent, it was ordered that H. 4430 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3361 (Word version) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5086DJC02):
Amend the bill, as and if amended, Section 50-5-1920, SECTION 3, page 3, by adding after line 24 a new subsection to read:
/   (H)   Revenue attributable to the fee increase beginning July 1, 2002, must be used for Section 50-5-1945(A)(1), (2), and (3) activities only. /
When amended SECTION 3 shall read:

"Section 50-5-1920.   The following licenses must be made available throughout this State by the department or its authorized agents for issuance or sale and are issued for the time prescribed in Section 50-9-20:

(1) saltwater recreational fisheries license for residents and nonresidents. The annual fee for the issuance of the license is five dollars and fifty cents. Fifty cents may be retained by the issuing agent, and the balance must be paid to the department;

(2) public fishing pier license. The annual fee for the issuance of the license is one hundred fifty dollars for a pier one hundred feet or less in total length or three hundred fifty dollars for a pier greater than one hundred feet in total length; and

(3) charter vessel license. The annual fee for the issuance of the license is one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to forty-nine passengers, and three hundred fifty dollars for vessels licensed to carry more than forty-nine passengers. However, the annual fee for the issuance of the license is forty dollars if the vessel carries only the passengers who hire the vessel. (A)   For the privilege of fishing for recreation in the salt waters of this State:

(1)   a resident must purchase an annual saltwater recreational fisheries license for ten dollars; and

(2)   a nonresident must purchase an annual saltwater recreational fisheries license for thirty-five dollars.

(B)   In lieu of obtaining an annual saltwater recreational fisheries license:

(1)   a resident may purchase a temporary saltwater recreational fisheries license valid for any fourteen specified consecutive days for five dollars;

(2)   a nonresident may purchase a temporary saltwater recreational fisheries license valid for any fourteen specified consecutive days for eleven dollars.

(C)   The agent who issues any license provided in (A) or (B) may retain one dollar for each license issued, and the balance must be paid to the department.

(D)   For the privileges afforded a person holding a temporary fisheries license, such person need not first acquire an annual saltwater recreational fisheries license.

(E)   For the privilege of operating a public fishing pier in the salt waters of this State the owner or operator must purchase an annual saltwater public fishing pier license for one hundred fifty dollars for a pier one hundred feet or less in total length or three hundred fifty dollars for a pier greater than one hundred feet in total length.

(F)   For the privilege of operating a charter fishing vessel in the salt waters of this State the owner or operator must purchase an annual charter fishing vessel license for one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to forty-nine passengers, and three hundred fifty dollars for vessels licensed to carry more than forty-nine passengers. Provided, the annual fee for the issuance of the license is forty dollars if the vessel carries only the passengers who hire the vessel.

(G)   The licenses must be made available throughout this State by the department or its authorized agents and must be issued for the time prescribed in Section 50-9-20.

(H)   Revenue attributable to the fee increase beginning July 1, 2002, must be used for Section 50-5-1945(A)(1), (2), and (3) activities only." /
Amend the bill further, by striking SECTION 8 in its entirety.
Amend the bill further, by striking SECTION 9 in its entirety and inserting:
/ SECTION   8.   Upon approval by the Governor, this act takes effect on July 1, 2002. /
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. OTT spoke in favor of the amendment.

Rep. TRIPP 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. 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, McLeod, 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.

Rep. FLEMING 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. 4413 (Word version) -- Reps. Scarborough, Rodgers, Wilkins, Miller, Leach, R. Brown, Gilham, W. D. Smith and Bowers: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS, TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT, AND TO CLARIFY THAT OF SPECIAL PERMITS AUTHORIZED FOR CONSTRUCTION OR RECONSTRUCTION OF STRUCTURES SEAWARD OF THE

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11152AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 48-39-290(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A)   No new construction or reconstruction is allowed seaward of the baseline except:

(1)   wooden walkways no larger in width than six feet;

(2)   small wooden decks no larger than one hundred forty-four square feet;

(3)   fishing piers which are open to the public. Those fishing piers with their associated structures including, but not limited to, baitshops, restrooms, restaurants, and arcades which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated structures which existed on September 21, 1989, that were privately owned, privately maintained, and not open to the public on this date also may be rebuilt and used for the same purposes if they are constructed to the same dimensions;

(4)   golf courses;

(5)   normal landscaping;

(6)   structures specifically permitted by special permit as provided in subsection (D);

(7)   pools may be reconstructed if they are landward of an existing, functional erosion control structure or device.;

(8)   existing groins may be reconstructed, repaired, and maintained. New groins may only be allowed on beaches that have high erosion rates with erosion threatening existing development or public parks. In addition to these requirements, new groins may be

(a)   The applicant shall institute a monitoring program for the life of the project to measure beach profiles along the groin area and adjacent and downdrift beach areas sufficient to determine erosion/accretion rates. For the first five years of the project, the monitoring program must include, but is not necessarily limited to:

(i)   establishment of new monuments;

(ii)   determination of the annual volume and transport of sand; and

(iii)   annual aerial photographs.

Subsequent monitoring requirements must be based on results from the first five year report.

(b)   Groins may only be permitted after thorough analysis of the project demonstrates that there will be no negative effect on adjacent areas. The applicant shall provide a financially binding commitment to cover the cost of correcting any adverse downdrift impacts. Groins must be modified or possibly removed, and beach restoration performed or other mitigation provided, if and when monitoring shows evidence of an increased erosion rate along adjacent or downdrift beaches or shoreline high ground likely attributable to the groins. The applicant has the burden of proving that groins are not causing harm.

(c)   Adjacent and downdrift communities and municipalities must be notified of all applications for a groin project.

A permit must be obtained from the department for items (2) through (7)(8)."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. WITHERSPOON explained the Bill.

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

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4413 (Word version) be read the third time tomorrow.

The following Bill was taken up:

S. 134 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11196AC02), which was adopted:
Amend the bill, as and if amended, by deleting Section 16-3-1750(D) and inserting:
/(D)   The magistrate's magistrates court shall must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court also shall provide forms to facilitate the preparation and filing of motions and affidavits to proceed in forma pauperis. Upon a showing of indigency or imminent danger, the court, in its discretion, may waive the fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. MCGEE explained the Bill.

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

On motion of Rep. MCGEE, with unanimous consent, it was ordered that S. 134 (Word version) be read the third time tomorrow.

Reps. MERRILL, WHATLEY, LAW, GOURDINE, DANTZLER, PERRY, HASKINS, OWENS, KNOTTS, BOWERS and MOODY-LAWRENCE withdrew their requests for debate on the following Bill:

S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.

On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary:

H. 4615 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO PROVIDE THAT THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE A DRIVER'S LICENSE SUSPENSION FOR REFUSAL TO SUBMIT TO A BREATH TEST OR REGISTERING AN ALCOHOL CONCENTRATION GREATER THAN THE EXISTING LAWFUL LIMIT IS FIFTY DOLLARS.

Rep. KNOTTS asked unanimous consent to recall H. 4636 (Word version) from the Committee on Ways and Means.
Rep. KIRSH objected.

Rep. SCOTT asked unanimous consent to recall H. 4501 (Word version) from the Committee on Judiciary.
Rep. SIMRILL objected.

On motion of Rep. J. E. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

H. 4652 (Word version) -- Reps. Lourie, Bales, Harrison, J. E. Smith, Hosey, J. H. Neal, Bingham, Talley, Thompson, Howard, Sheheen and Townsend: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE UNITED WE STAND SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.

The motion period was dispensed with on motion of Rep. ALTMAN.

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

The following was received:

Columbia, S.C., February 7, 2002
Mr. Speaker and Members of the House:

Very respectfully,
President

On motion of Rep. BARFIELD the invitation was accepted.

Rep. MILLER, from the Georgetown Delegation, submitted a favorable report on:

S. 959 (Word version) -- Senator McGill: A BILL TO AMEND ACT 515 OF 1996, AS AMENDED, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE HORRY-GEORGETOWN COMMISSION FOR TECHNICAL EDUCATION, AND PROVIDE THAT APPOINTMENTS TO THIS COMMISSION BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
Ordered for consideration tomorrow.

On motion of Rep. MILLER, with unanimous consent, it was ordered that S. 959 (Word version) be read the second time tomorrow.

The following was introduced:

H. 4691 (Word version) -- Reps. Vaughn, Wilkins, Allen, Cato, Easterday, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith and Tripp: A CONCURRENT RESOLUTION TO COMMEND THE GREENVILLE HOSPITAL SYSTEM FOR ITS LEADERSHIP AND PROGRESS IN PROVIDING HEALTH CARE TO THE CITIZENS OF THIS STATE AND TO CONGRATULATE THE SYSTEM ON

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

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

H. 4692 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, LIMITED LICENSING FOR COMPLETION OF FIFTH PATHWAY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2664, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4693 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2660, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4694 (Word version) -- Rep. Cotty: A BILL TO REPEAL SECTION 59-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNDING REQUIRED TO DEPARTMENT OF EDUCATION TO OFFSET CHANGE IN DISTRIBUTION OF EMPLOYER CONTRIBUTION FUNDS.
Referred to Committee on Ways and Means

H. 4695 (Word version) -- Reps. Chellis, Robinson, Cotty, Simrill, Altman, Barrett, Battle, Breeland, G. Brown, Campsen, Cato, Dantzler, Easterday, Emory, Freeman, Frye, Harrison, Harvin, Haskins, J. Hines, Hinson,

H. 4696 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 2-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE JUDICIAL PERFECTION AND SELECTION COMMISSION; TO AMEND SECTION 2-19-35, AS AMENDED, RELATING TO THE CRITERIA FOR INVESTIGATIONS AND CONSIDERATION OF THE COMMISSION, SO AS TO ADD TO THE CRITERIA THE COMMISSION MUST CONSIDER FOR CANDIDATES FOR JUDICIAL OFFICE THE CRITERIA THAT THE CANDIDATE IS PERFECT AND PROOF FROM A CANDIDATE THAT HE HAS RECUSED HIMSELF WHEN HE IS GOING TO HAVE A BAD DAY.
Referred to Committee on Judiciary

H. 4697 (Word version) -- Reps. Knotts and Whatley: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-9-325 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE A FIREARM, WEAPON, OR ITEM OF POLICE OR CUSTODIAL EQUIPMENT FROM A LAW ENFORCEMENT OFFICER, CORRECTIONAL OFFICER, OR A PERSON HAVING AND LAWFULLY EXERCISING THE

The following was introduced:

H. 4698 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION TO EXPRESS THE STRONG BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE COLLEGE OF CRIMINAL JUSTICE OF THE UNIVERSITY OF SOUTH CAROLINA IS ONE OF THE MOST VALUABLE EDUCATIONAL RESOURCES OF OUR STATE AND SHOULD REMAIN A SEPARATE COLLEGE OF THE UNIVERSITY AND NOT BE MERGED WITH ANY OTHER COLLEGE OR ACADEMIC ENTITY OF THE UNIVERSITY.

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

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

At 12:00 noon the House attended in the Senate Chamber, where the following Act was duly ratified:

(R181, H. 4392 (Word version)) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: AN ACT TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM, AND FURTHER PROVIDE FOR THE EXEMPTION OF OTHER EDUCATIONAL FACULTY AND EMPLOYEES; AND TO AMEND SECTION 59-53-52, RELATING TO POWERS AND DUTIES OF AREA TECHNICAL EDUCATION COMMISSIONS, SO AS TO PROVIDE THAT AREA COMMISSIONS SHALL EMPLOY THEIR RESPECTIVE

At 12:10 p.m. the House, in accordance with the motion of Rep. DAVENPORT, adjourned in memory of Dr. Paul D. Burrell, Jr. of Spartanburg, to meet at 10:00 a.m. tomorrow.

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