Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Dr. Whaley S. 'Bill' Barton, Jr. as follows:

Dear God and Creator of all mankind, You are from eternity to eternity. We on the other hand, live lives that are numbered in days. The weekend is past and we are assembled once again. Please dear Father help us to make the greatest contribution possible as we serve our State and You this week. Help us Father to experience peace and joy. And help us to bring peace and joy to others. For we pray, Lord, in Your precious name. Amen.

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

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

Rep. ALTMAN moved that when the House adjourns, it adjourn in memory of Constantine (Gus) Palassis of Charleston, which was agreed to.

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

H. 4699 (Word version) -- Reps. Kirsh and Moody-Lawrence: A BILL TO AMEND SECTIONS 33-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOLICITATION OF CHARITABLE FUNDS ACT, 33-56-30, AS AMENDED, RELATING TO REGISTRATION STATEMENTS OF A CHARITABLE ORGANIZATION, AND 33-56-50, AS AMENDED, RELATING TO EXEMPTIONS FROM REGISTRATION AS A CHARITABLE ORGANIZATION, ALL SO AS TO REQUIRE THAT AT LEAST EIGHTY PERCENT OF THE

H. 4700 (Word version) -- Reps. Sharpe, Dantzler, Davenport, Frye, Hamilton, Haskins, J. Hines, Hosey, Koon, Littlejohn, J. M. Neal, Rhoad, Riser, Simrill, D. C. Smith, Stille, Vaughn, Whipper and Wilder: A BILL TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT, EXCEPT WHERE AUTHORIZED, IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES ON STATE COMMISSION OF FORESTRY LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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.
Referred to Committee on Ways and Means

H. 4702 (Word version) -- Rep. Taylor: A BILL TO AMEND ACT 778 OF 1988, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, SO AS TO

H. 4703 (Word version) -- Reps. Cobb-Hunter and Stuart: A BILL TO ENACT THE OMNIBUS DOMESTIC VIOLENCE PREVENTION AND PROTECTION ACT BY AMENDING TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT BY ADDING ARTICLE 21, SO AS TO REQUIRE ALL STATE AGENCIES TO DEVELOP A WORKPLACE DOMESTIC VIOLENCE POLICY; TO ADD SECTION 59-1-475 SO AS TO REQUIRE ALL SCHOOL DISTRICTS TO PROVIDE CONTINUING EDUCATION TO TEACHERS AND STAFF CONCERNING DOMESTIC AND FAMILY VIOLENCE; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE FORMULA FOR DETERMINING ANNUAL ALLOCATIONS TO EACH SCHOOL DISTRICT AND WEIGHTINGS USED TO PROVIDE FOR RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO INCLUDE PUPILS WHO RESIDE IN EMERGENCY SHELTERS IN WEIGHTINGS FOR THE HOMEBOUND PROGRAM; TO AMEND SECTION 59-63-31, AS AMENDED, RELATING TO AUTHORIZING STUDENTS TO ATTEND SCHOOL IN A CERTAIN SCHOOL DISTRICT WITHOUT CHARGE, SO AS TO ALLOW A CHILD WHO RESIDES IN AN EMERGENCY SHELTER TO ATTEND A SCHOOL IN THE DISTRICT WHERE THE SHELTER IS LOCATED; TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, AND 16-25-60, ALL AS AMENDED, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE, UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS; TO AMEND SECTION 16-25-65, RELATING TO THE STATUTORY OFFENSE OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO CLARIFY THE ELEMENTS OF THAT OFFENSE AND TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE

H. 4712 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 20-7-2725, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DAYCARE CENTERS FROM EMPLOYING PERSONS WHO HAVE BEEN CONVICTED OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FINANCIAL CRIME WHICH IS NOT A FELONY IS NOT PROHIBITED FROM BEING HIRED AND TO DEFINE "FINANCIAL CRIME".
Referred to Committee on Judiciary

H. 4713 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORONER OR MEDICAL EXAMINER, OR THEIR DEPUTIES, CERTIFYING THE CAUSE OF DEATH ON DEATH CERTIFICATES, SO AS TO REQUIRE THEM TO COMPLETE THE CERTIFICATE RATHER THAN TO COMPLETE AND SIGN THE CERTIFICATE; AND TO AMEND SECTION 44-63-40, RELATING TO STATE AND COUNTY REGISTRARS AND CERTAIN DUTIES ASCRIBED TO THEM CONCERNING VITAL RECORDS, SO AS TO REQUIRE REPORTS OF BIRTH, DEATH, AND FETAL DEATH TO BE TRANSMITTED TO THE STATE REGISTRAR RATHER THAN FILED WITH THE COUNTY REGISTRAR.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 191 (Word version) -- Senators Waldrep, McConnell, Leventis, Hawkins, Hutto, Thomas, Giese and Pinckney: A BILL TO AMEND THE CODE OF

S. 792 (Word version) -- Senators Hawkins and Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO PROVIDE THAT THE MAYOR OF THE CITY OF SPARTANBURG AND THE CHAIRMAN OF THE SPARTANBURG COUNTY COUNCIL, OR THEIR DESIGNEES, ARE VOTING EX OFFICIO MEMBERS OF THE COMMISSION.
Referred to Spartanburg Delegation

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.
Referred to Committee on Ways and Means

S. 887 (Word version) -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A

S. 947 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT UPON A VOTE BY A MAJORITY OF THE OCONEE COUNTY SCHOOL BOARD OF TRUSTEES, UP TO THREE DAYS MISSED BY THE STUDENTS OF THE OCONEE COUNTY SCHOOL DISTRICT DUE TO INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
Referred to Committee on Education and Public Works

The following was introduced:

H. 4704 (Word version) -- Reps. Huggins, Quinn, J. Brown and Riser: A CONCURRENT RESOLUTION CONGRATULATING IRMO HIGH SCHOOL OF LEXINGTON COUNTY ON WINNING THE 2001 CLASS AAAA STATE CHAMPIONSHIP IN GIRLS TENNIS.

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

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

H. 4705 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 6, 2002.

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

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Toal.

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

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

H. 4706 (Word version) -- Reps. McGee, 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, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 14, 2002.

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

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the House and Senate Chambers by Palmetto Boys State on this date.

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

The following was introduced:

H. 4707 (Word version) -- Reps. Weeks, G. Brown, G. M. Smith and J. Young: A HOUSE RESOLUTION TO COMMEND OWNERS AND EMPLOYEES OF H. C. EDENS JR. AND SONS FARM IN SUMTER COUNTY FOR THEIR EFFORTS TO PRESERVE OUR STATE'S RICH SOIL AND FARMING HERITAGE AND TO CONGRATULATE THEM ON BEING NAMED THE STATE'S CONSERVATIONIST FARMER OF THE YEAR.

The Resolution was adopted.

The following was introduced:

H. 4708 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. LOUISA BURRISS PRESCOTT FOR HER MANY CONTRIBUTIONS TO THE CAUSE OF MENTAL HEALTH AND EXTEND THEIR BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.

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

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

H. 4709 (Word version) -- Rep. W. D. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, MARCH 29, 2002.

Be it resolved by the House of Representatives:

That the staff serving the members of the House of Representatives is not required to work on Good Friday, March 29, 2002.

The Resolution was adopted.

The following was introduced:

H. 4710 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Miller and Witherspoon: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. SOUTH CAROLINA, NAN N. NORMAN OF MYRTLE BEACH, ON THE SPECIAL OCCASION OF BEING CROWNED "MRS. SOUTH CAROLINA AMERICA 2001".

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
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Coleman                Cooper

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

I came in after the roll call and was present for the Session on Tuesday, February 12.

Skipper Perry                     Marty Coates
Joseph Neal                       David Mack
Lanny Littlejohn                  Leon Howard
Jerry Govan
Seth Whipper   Ronald Fleming

The SPEAKER granted Rep. GILHAM a leave of absence due to illness.

Announcement was made that Dr. Terry Dodge of Rock Hill 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. 3145 (Word version)
Date:   ADD:
02/12/02   MEACHAM-RICHARDSON

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/12/02   KIRSH

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/12/02   J. HINES

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/12/02   MACK

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/12/02   MILLER

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/12/02   COTTY

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/12/02   HAMILTON

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/12/02   LAW

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/12/02   HINSON

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/12/02   CHELLIS

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/12/02   HARRISON

Bill Number:   H. 4507 (Word version)
Date:   ADD:
02/12/02   SCOTT

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. 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.

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, February 13, which was adopted:

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 LATEST EDITION OF THE CODE AND TO PROVIDE EXCEPTIONS; TO ESTABLISH PROCEDURES FOR THE ADOPTION OF THESE CODES, INCLUDING NOTICE IN THE STATE REGISTER AND THE OPPORTUNITY FOR PUBLIC COMMENT; AND TO REQUIRE PROPOSED CODES RECEIVING NEGATIVE COMMENTS OR SUBJECT TO PROPOSED AGENCY AMENDMENTS TO BE PROMULGATED AS REGULATIONS.

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), which was adopted:
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   3.   Section 50-5-1920 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to 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

(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.
The amendment was then adopted.

Rep. MILLER proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\5101DJC02), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION __.   Section 50-5-1335 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1335.   (A)   It is unlawful to set or use a trap or basket commonly termed a 'crab pot' to catch crab for commercial purposes between May first and October first within the waters and tributaries of Pawley's Island Creek and Midway Creek on Pawley's Island in Georgetown County. Individuals may set two crab pots to catch crabs for personal consumption and not for sale.

(B)   It is unlawful to set or use a trap or basket commonly termed a 'crab pot' to catch crab in the Atlantic Ocean within one hundred fifty feet of the mean low tide watermark on Pawley's Island in Georgetown County. Individuals may catch crabs in the Atlantic Ocean within one hundred fifty feet of the mean low tide watermark on Pawley's Island by means other than the use of a 'crab pot' for personal consumption and not for sale."/
Renumber sections to conform.
Amend title to conform.

Rep. OTT raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

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

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Wednesday, February 13, which was adopted:

H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Davenport, 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.

The following Bill was taken up:

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 RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND

Rep. DAVENPORT 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. 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.

Rep. MERRILL proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\AMEND\11204AC02), which was adopted:
Amend the bill, as and if amended, Section 30-2-30(3), page 2, line 31 by deleting /or/ and on line 35 by deleting the /./ and inserting /; or/
Amend the bill, further, Section 30-2-30(3) page 2, immediately after line 35 by inserting:
/(d) contacting persons for political purposes using information on file with state or local voter registration offices./
Amend title to conform.

Rep. SHEHEEN explained the Bill.

Reps. LOFTIS, ROBINSON and PERRY requested debate on the Bill.

The following Bill was taken up:

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.

Rep. STUART proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\10746HTC02), which was adopted:
Amend the bill, as and if amended, Section 56-3-9100(B), as contained in SECTION 1, by striking Section 56-3-9100(B) and inserting:
/ (B)   Of the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering this special license plate. Twenty-five dollars of the fee collected pursuant to this section must be distributed to the national 'Rewards For Justice' fund which was created to establish rewards for the capture of terrorists. /
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION   ____.   Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding at the end:

"(D)   Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the

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

Rep. LOURIE explained the Bill.

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 Resolutions were taken up, read the second time, and ordered to a third reading:

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.

Rep. TALLEY explained the Joint Resolution.

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

Rep. MACK explained the Joint Resolution.

On motion of Rep. CHELLIS, with unanimous consent, the following Bill was ordered recalled from the 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, Hosey, Kirsh, Law, Leach, Limehouse, Lloyd, Lucas, Meacham-Richardson, Miller, J. M. Neal, Neilson, Perry, Phillips, Rice, Riser, Sandifer, Sharpe, D. C. Smith, J. R. Smith, Stille, Stuart, Talley, Vaughn, Walker, Webb, Whipper and A. Young: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Rep. J. E. SMITH, with unanimous consent, withdrew his request for debate on H. 3678 (Word version); however, other requests for debate remained on the Bill.

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

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

H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart,

Reps. TOWNSEND and MARTIN proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\AMEND\ 5102DJC02):
Amend the bill, as and if amended, SECTION 1, page 4, line 1, Section 56-1-50(f), by striking subsection (F) in its entirety and inserting:
/   "(F)   A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety one hundred eighty days before being eligible for full licensure." /
Amend the bill further, as and if amended, SECTION 2, page 4, line 15, Section 56-1-175(A), by striking subsection (A) in its entirety and inserting:
/   "(A)   The department may issue a provisional conditional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:

(1)   held a beginner's permit for at least ninety one hundred eighty days;

(2)   passed a driver's education course as defined in subsection (D)(E);

(3)   completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by the person's licensed parent or guardian;

(4)   passed successfully the road tests or other requirements the department may prescribe; and

(4)(5)   satisfied the school attendance requirement contained in Section 56-1-176." /
Amend the bill further, as and if amended, SECTION 4, page 6, line 13, Section 56-1-180(A), by striking subsection (A) in its entirety and inserting:
/   (A)   The department may issue a special restricted driver's license to a person who is at least sixteen years of age and less than seventeen years of age, who first has: held a beginner's permit for ninety days and who has successfully passed the road tests or other requirements the department in its discretion may prescribe

(1)   held a beginner's permit for at least one hundred eighty days;

(2)   passed a driver's education course as defined in subsection (F);

(3)   completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by the person's licensed parent or guardian;

(4)   passed successfully the road test or other requirements the department may prescribe; and

(5)   satisfied the school attendance requirement contained in Section 56-1-176." /
Renumber sections to conform.
Amend title to conform.

Rep. TOWNSEND explained the amendment.

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

The following Concurrent Resolution was taken up:

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".

Whereas, the Honorable Ed Young was born in the Ebenezer Community of Florence County on September 7, 1920; and

Whereas, former Congressman Young received his high school diploma from Florence High School in 1937, and a Bachelor of Science degree from Clemson College in 1941; and

Whereas, former Congressman Young served his country with distinction as a Squadron Commander during World War II and received the Distinguished Flying Cross and Air Medal with nine Oak Leaf Clusters for Pacific Theater Service; and

Whereas, he has received numerous awards and recognitions for his work in the field of agriculture which include the 1955 South Carolina Association of Young Farmers Outstanding Young Farmer of the Year Award, Progressive Farmer Magazine's 1970 Outstanding Man of the Year in Agriculture Award, and Clemson University's 1974 Distinguished Service Award; and

Whereas, former Congressman Young is a faithful member of Ebenezer Baptist Church; and

Whereas, he is married to the former Harriet Gray Yeargin and together they are the proud parents of four daughters and have seven grandchildren; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to former Congressman Young by naming the interchange located at Exit 157 along Interstate Highway 95 in Florence County the "Congressman Ed Young Interchange" to honor this distinguished son of South Carolina. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name the interchange located at Exit 157 along Interstate Highway 95 in Florence County the "Ed Young Interchange" and install appropriate markers or signs containing the words "Congressman Ed Young Interchange".

The Concurrent Resolution was adopted and sent to the Senate.

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

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

H. 4714 (Word version) -- Reps. Jennings, Freeman, Lucas, Neilson and Sheheen: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON ON ANTLERED DEER, SO AS TO PROVIDE A SEASON FOR TAKING ANTLERED DEER WITH PRIMITIVE WEAPONS IN GAME ZONE FIVE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4715 (Word version) -- Rep. Harrison: 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.
Referred to Committee on Labor, Commerce and Industry

H. 4716 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
Referred to Committee on Education and Public Works

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

The Senate returned to the House with concurrence the following:

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.

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.

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 BEING NAMED ONE OF AMERICA'S TOP 100 INTEGRATED HEALTH CARE NETWORKS BY MODERN HEALTHCARE MAGAZINE.

H. 4704 (Word version) -- Reps. Huggins, Quinn, J. Brown and Riser: A CONCURRENT RESOLUTION CONGRATULATING IRMO HIGH SCHOOL OF LEXINGTON COUNTY ON WINNING THE 2001 CLASS AAAA STATE CHAMPIONSHIP IN GIRLS TENNIS.

H. 4708 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. LOUISA BURRISS PRESCOTT FOR HER MANY CONTRIBUTIONS TO THE CAUSE OF MENTAL HEALTH AND EXTEND THEIR BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.

H. 4710 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Miller and Witherspoon: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS AND BEST WISHES OF THE

At 1:15 p.m. the House, in accordance with the motion of Rep. ALTMAN, adjourned in memory of Constantine (Gus) Palassis of Charleston, to meet at 10:00 a.m. tomorrow.

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