Indicates Matter Stricken
Indicates New Matter

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

Dear God, You describe Yourself in Exodus 34 as being "compassionate, and gracious, slow to anger, and abounding in lovingkindness and truth." When we consider our lives, we see that You are all these things and even more. Forgive us Father, when we become impatient and intolerant with one another. Help us endeavor to be compassionate, gracious, slow to anger, and abounding in lovingkindness and truth. Help us this day as we pray in Your gracious name 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 Friday, the SPEAKER ordered it confirmed.

Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Marie D. Clement of Aiken, which was agreed to.

The following was received:

Columbia, S.C., February 14, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3933:

H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S

Very respectfully,
President
Received as information.

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

H. 3141 (Word version) -- Reps. Wilkins, Harrison, Delleney, Sandifer, Whatley, Simrill, Walker, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

Document No. 2613
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-1-445, 59-18-310, 59-18-320, 59-18-330, 59-20-60(4)(c), 59-18-340, and 59-30-10
Testing Programs (New Title: Assessment Program)
Received by Speaker of the House of Representatives
May 2, 2001
Referred to Education and Public Works Committee
Legislative Review Expiration August 30, 2001 (Subject to Sine Die Revision)
20020215   Withdrawn and Resubmitted   20020417

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 4494 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTIONS 56-3-1750 AND 56-3-1760, BOTH AS AMENDED, AND SECTION 56-3-1770, RELATING TO UNITED STATES MILITARY RESERVE SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT MORE THAN ONE LICENSE PLATE MAY BE ISSUED TO AN ACTIVE OR RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, THAT SUFFICIENT FEES COLLECTED FROM THE ISSUANCE OF THESE LICENSE PLATES MUST BE PLACED IN A RESTRICTED ACCOUNT AND USED TO DEFRAY THE EXPENSE OF PRODUCING THE LICENSE PLATES, THAT LICENSE PLATES ISSUED TO RETIRED MEMBERS OF THE UNITED STATES MILITARY RESERVE SHALL HAVE IMPRINTED ON THEM OR A DECAL AFFIXED TO THEM THE WORD "RETIRED" OR AN ABBREVIATION SELECTED BY THE DEPARTMENT, AND TO PROVIDE THAT IF A HOLDER OF THIS SPECIAL LICENSE PLATE CEASES TO BE A RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, HE MUST RETURN THE SPECIAL LICENSE PLATE TO THE DEPARTMENT OF PUBLIC SAFETY.
Ordered for consideration tomorrow.

The following was introduced:

H. 4749 (Word version) -- Rep. Meacham-Richardson: A HOUSE RESOLUTION TO COMMEND TAYLOR BOWMAN OF FORT MILL FOR HIS TREMENDOUS VOLUNTEER EFFORTS TO IMPROVE THE EDUCATION OF CHILDREN IN HIS COMMUNITY, AND TO CONGRATULATE HIM ON BEING NAMED A RECIPIENT OF THE 2002 PRUDENTIAL SPIRIT OF COMMUNITY AWARD.

The Resolution was adopted.

The Senate sent to the House the following:

S. 1024 (Word version) -- Senators Mescher, Giese and Grooms: A CONCURRENT RESOLUTION TO EXPRESS THE COMMITMENT OF THE PEOPLE OF SOUTH CAROLINA TO POSITIVE CHARACTER TRAITS IN ALL ENDEAVORS AND TO DECLARE SOUTH CAROLINA TO BE A "STATE OF CHARACTER" IN ORDER TO FORMALLY LAUNCH A STATEWIDE INITIATIVE TO ENCOURAGE CHARACTER IN OUR SCHOOLS, BUSINESSES, FAITHS, GOVERNMENT, LAW ENFORCEMENT, MEDIA, COMMUNITY GROUPS, AND FAMILIES.

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

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

H. 4750 (Word version) -- Reps. R. Brown, Moody-Lawrence and F. N. Smith: A BILL TO AMEND SECTION 12-6-3385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY FOR THE TUITION TAX CREDIT AND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO DELETE PROVISIONS THAT MAKE A STUDENT INELIGIBLE FOR THE TUITION TAX CREDIT OR LIFE SCHOLARSHIP WHO HAS BEEN CONVICTED OF AN

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

H. 4758 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), SO AS TO REQUIRE SLED TO SUBMIT FINGERPRINT CARDS, RECEIVED IN CONNECTION WITH SECURITY, INVESTIGATION, AND WEAPON LICENSE AND PERMIT APPLICATIONS, RESPECTIVELY, TO THE FEDERAL BUREAU OF INVESTIGATION TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK OF THE APPLICANT; TO AMEND SECTIONS 40-18-50 AND 40-18-70, RELATING TO CONTRACT SECURITY BUSINESS LICENSE REQUIREMENTS AND PRIVATE INVESTIGATOR LICENSE REQUIREMENTS, RESPECTIVELY, SO AS TO DELETE PROVISIONS REQUIRING A BOND TO PAY A PERSON'S LOSS AS A RESULT OF A LICENSEE'S VIOLATION OF CERTAIN LAWS OR REGULATIONS, PROVISIONS AUTHORIZING A PERSON TO INITIATE AN ACTION AGAINST THE LICENSEE OR THE LICENSEE'S INSURER, AND TEMPORARY PROVISIONS NO LONGER APPLICABLE; AND TO AMEND SECTION 40-18-100, RELATING TO SECURITY WEAPONS PERMIT APPLICATION REQUIREMENTS, SO AS TO REQUIRE AN APPLICANT TO SUBMIT A SET OF

H. 4759 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-18-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY OFFICER REGISTRATION QUALIFICATIONS AND REQUIREMENTS, SO AS TO REQUIRE AN APPLICANT TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT AND TO EXEMPT PERSONS FROM THIS REQUIREMENT WHO WERE REGISTERED BEFORE THIS REQUIREMENT BECAME EFFECTIVE AND WHO HAVE MAINTAINED THEIR REGISTRATION; AND TO AMEND SECTION 40-18-130, RELATING TO GROUNDS FOR THE STATE LAW ENFORCEMENT DIVISION TO DENY, SUSPEND, OR REVOKE A LICENSE OR REGISTRATION FOR A SECURITY OR INVESTIGATION AGENCY, SO AS TO INCLUDE IN THESE GROUNDS COMMISSION OF AN ACT OF FRAUD OR DISHONESTY.
Referred to Committee on Judiciary

H. 4760 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 42-1-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "EMPLOYEE" FOR PURPOSES OF WORKERS' COMPENSATION, SO AS TO INCLUDE STATE CONSTABLES; TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO WORKERS' COMPENSATION AND THE DESIGNATED AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO INCLUDE PROVISIONS FOR VOLUNTEER STATE CONSTABLES WHO SERVE WITHOUT COMPENSATION.
Referred to Committee on Labor, Commerce and Industry

H. 4761 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-1010 SO AS TO PROVIDE THAT A PERSON LICENSED IN THIS STATE AS A TITLE INSURER OR AS A TITLE INSURANCE AGENT MAY NOT PAY, DIRECTLY OR INDIRECTLY, ANY PORTION OF A PREMIUM OR COMMISSION WITH A PERSON NOT LICENSED BY THIS

H. 4762 (Word version) -- Reps. Rice, Robinson and Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2956 SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE ACCIDENT RESULTS IN THE DEATH OR SERIOUS BODILY INJURY OF A PEDESTRIAN OR A PERSON WHO IS A PASSENGER IN, OR THE OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT, THEN A CHEMICAL TEST MUST BE ADMINISTERED ON ALL MOTOR VEHICLE OPERATORS INVOLVED IN THE ACCIDENT AND UPON ANY DECEDENT WHO WAS NOT A MOTOR VEHICLE OPERATOR UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

H. 4763 (Word version) -- Rep. Snow: A JOINT RESOLUTION EXTENDING THE PAYMENT DUE DATE OF THE 2001 REAL PROPERTY TAXES IN WILLIAMSBURG COUNTY FROM JANUARY 31, 2002, TO FEBRUARY 28, 2002, AS A RESULT OF A COMPUTER MALFUNCTION.
On motion of Rep. SNOW, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.
Referred to Committee on Ways and Means

S. 892 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS

S. 894 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH FIFTEENTH TO MAY FIRST IN GAME ZONES 6 AND 11, AND IN ALL OTHER GAME ZONES AS PROMULGATED AND PUBLISHED BY THE DEPARTMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 933 (Word version) -- Senators Ravenel, McConnell and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
Referred to Charleston Delegation

S. 987 (Word version) -- Senator Reese: A BILL TO AUTHORIZE THE COMMISSION OF PUBLIC WORKS FOR THE CITY OF SPARTANBURG TO ESTABLISH A SAFETY AND SECURITY DEPARTMENT AND EMPLOY LAKE WARDENS WHO MUST BE COMMISSIONED AS CONSTABLES; TO ESTABLISH THE QUALIFICATIONS FOR EMPLOYMENT AS A LAKE WARDEN; TO PROVIDE FOR THE POWERS, DUTIES, AND JURISDICTION OF LAKE WARDENS; TO REQUIRE THE POSTING OF A BOND AS A PREREQUISITE TO EMPLOYMENT; TO EXEMPT LAKE WARDENS FROM CERTAIN REPORTING REQUIREMENTS OF CONSTABLES; TO AUTHORIZE THE USE OF EMERGENCY VEHICLES BY LAKE WARDENS; AND TO PROVIDE PENALTIES FOR FALSELY REPRESENTING OR CONDUCTING ONESELF AS A LAKE WARDEN.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1003 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT

S. 1008 (Word version) -- Senators Richardson and Pinckney: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING BEAUFORT COUNTY TO THE GOVERNING BODY OF BEAUFORT COUNTY AND TO PROVIDE EXCEPTIONS.
Referred to Beaufort Delegation

The following was introduced:

H. 4751 (Word version) -- Reps. M. Hines and J. Hines: A CONCURRENT RESOLUTION SALUTING DR. CHARLES E. BEVIS UPON HIS RETIREMENT AS EXECUTIVE DIRECTOR OF THE PEE DEE MENTAL HEALTH CENTER, AND THANKING HIM FOR HIS EXCELLENT PUBLIC SERVICE DURING HIS DISTINGUISHED CAREER.

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

The following was introduced:

H. 4752 (Word version) -- Reps. Huggins, Knotts, Bingham, Frye, Koon, Riser and Stuart: A HOUSE RESOLUTION TO EXPRESS THE DEEPEST APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO DR. JAIME CONDOM, M.D., FOR HIS EFFORTS TO IMPROVE THE LIVES OF THE STATE'S MENTALLY DISABLED AND TO EXTEND BEST WISHES TO DR. CONDOM AND HIS FAMILY ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH.

The Resolution was adopted.

The following was introduced:

H. 4753 (Word version) -- Reps. Miller and Snow: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE GIFTED STORYTELLER, EXCEPTIONAL LITERARY ARTIST, AND GENEROUS PHILANTHROPIST, DR. LEE R. MINTON OF PAWLEYS ISLAND, FOR HIS DISTINGUISHED CONTRIBUTIONS TO THE STUDY AND PRESERVATION OF SOUTHERN HISTORY AND CULTURE THROUGH HIS OUTSTANDING ASSISTANCE WITH PROGRAMS FOCUSING ON THE ARTS.

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

The following was introduced:

H. 4754 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO URGE THE PUBLIC AND STATE AGENCIES INVOLVED IN TRAFFIC INCIDENT MANAGEMENT TO ENHANCE THE FLOW OF MOTOR VEHICLE TRAFFIC AND REDUCE THE DANGER OF ACCIDENTS ALONG THE STATE'S ROADWAYS BY MAKING EVERY REASONABLE EFFORT TO MOVE CERTAIN VEHICLES INVOLVED IN TRAFFIC ACCIDENTS AND DISABLED VEHICLES FROM THE STATE'S ROADWAYS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4755 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND BRITT REAMES OF SENECA, FOR HIS HARD WORK AND DETERMINATION THAT HAVE LED TO A SUCCESSFUL CAREER IN PROFESSIONAL BASEBALL, CONGRATULATE HIM ON HAVING HIS JERSEY RETIRED BY

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

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

H. 4756 (Word version) -- Reps. J. E. Smith, Haskins, Quinn, J. H. Neal and Talley: A CONCURRENT RESOLUTION TO ENCOURAGE PRIVATE HEALTH INSURANCE COMPANIES AND EMPLOYERS TO INCLUDE INSURANCE COVERAGE FOR THE SCREENING AND DETECTION OF COLORECTAL CANCER.

Whereas, colorectal cancer, which is diagnosed in one hundred forty-eight thousand three hundred Americans annually, is the number one cause of cancer death in millions of Americans who have never used tobacco; and

Whereas, early detection testing for colorectal cancer has been definitely proven to consistently lower disease specific mortality, yet most Americans have not been screened for colorectal cancer; and

Whereas, early detection testing for colorectal cancer is arguably the most powerful, underused lifesaving examination available in the United States; and

Whereas, colorectal screening helps prevent colon cancer through early detection of polyps before they progress into cancer; and

Whereas, screening for colorectal cancer facilitates early detection, which extends many lives, reduces treatment costs, and improves the quality of life for cancer patients. Now, therefore,

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

That the General Assembly of South Carolina, encourages employers within the State of South Carolina to become better educated about the

Be it further resolved that the General Assembly also encourages all citizens of South Carolina to become better educated about the health benefits and health care cost benefits of early cancer detection through colorectal screening.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Insurance.

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:

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

Phillips               Quinn                  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                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

I came in after the roll call and was present for the Session on Tuesday, February 19.

Robert L. Brown                   Leon Howard
James Klauber                     Larry Koon
Todd Rutherford                   Jackson Whipper
Tracy Edge                        Jerry Govan
Marion Frye                       Karl Allen

Announcement was made that Dr. March Seabrook of West Columbia 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

Bill Number:   H. 3145 (Word version)
Date:   ADD:
02/19/02   NEILSON

Bill Number:   H. 4663 (Word version)
Date:   ADD:
02/19/02   WALKER

Bill Number:   H. 4598 (Word version)
Date:   ADD:
02/19/02   SCOTT

Bill Number:   H. 4737 (Word version)
Date:   REMOVE:
02/19/02   LUCAS

Bill Number:   H. 4737 (Word version)
Date:   REMOVE:
02/19/02   HINSON

Bill Number:   H. 4737 (Word version)
Date:   REMOVE:
02/19/02   LAW

Bill Number:   H. 4737 (Word version)
Date:   REMOVE:
02/19/02   GOURDINE

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

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

Rep. TOWNSEND explained the Bill.

H. 4592 (Word version) -- Reps. Townsend, Martin, Walker, McLeod, Stille, J. Hines and Stuart: A BILL TO AMEND SECTION 59-143-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATIONS FOR CERTAIN HIGHER EDUCATION SCHOLARSHIP GRANTS, SO AS TO PROVIDE THAT ALLOCATIONS FOR PALMETTO FELLOWS SCHOLARSHIPS SHALL BE ALLOCATED TO STUDENTS BASED ON ACADEMIC CRITERIA ESTABLISHED BY THE COMMISSION ON HIGHER EDUCATION, AND TO PROVIDE THAT THESE STUDENTS MAY THEN USE THESE SCHOLARSHIP FUNDS TO ATTEND ANY ELIGIBLE INSTITUTION IN SOUTH CAROLINA.

Rep. TOWNSEND explained the Bill.

The following Bill was taken up:

H. 4375 (Word version) -- Reps. Talley and Owens: A BILL TO AMEND SECTION 59-53-1950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF VOCATIONAL TRAINING EQUIPMENT PURSUANT TO THE DEPARTMENT OF

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20980SD02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION   1.   Article 21, Chapter 53, Title 59 of the 1976 Code is amended to read:

Section 59-53-1810.   The State of South Carolina hereby accepts the provisions of an act of Congress entitled: 'To Provide for the Promotion of Vocational Education; to Provide for Cooperation with the States in the Promotion of Such Education in Agriculture and the Trades and Industries; to Provide for Cooperation with the States in the Preparation of Teachers of Vocational Subjects; and to Appropriate Money and Regulate Its Expenditure', and hereby designates and constitutes the State Board of Education as the South Carolina State Board of Vocational Career and Technology Training to cooperate with the United States Government in putting such law into operation.

Section 59-53-1820.   The State Board of Vocational Career and Technology Training may cooperate with any local or state agency for the advancement of agricultural and industrial education.

Section 59-53-1830.   The State Treasurer is hereby created and appointed custodian of all funds coming to the State from the United States under the provisions of the act referred to in Section 59-53-1810 and shall be is responsible on his bond for the correct and proper handling of such the funds. All moneys monies appropriated by the State or paid into the State Treasury from the United States for the purpose set forth in Sections 59-53-1810 to 59-53- 1870 shall must be paid out upon the order of the State Board of Education, duly countersigned and approved by the secretary of the board, and itemized vouchers shall must be filed with the Comptroller General as in the case of other funds.

Section 59-53-1840.   There shall must be appropriated annually, out of the State Treasury, for the promotion of vocational career and

Section 59-53-1850. Moneys Monies appropriated under the terms of Sections 59-53-1810 to 59-53-1870 shall must be paid out upon the order of the State Board of Education, duly countersigned and approved by the secretary of the State Board of Education Clemson University, and itemized vouchers shall must be filed with the Comptroller General as in the case of other funds.

For high schools and joint vocational career and technology schools having a vocational career and technology agriculture program, monies appropriated for this purpose shall must be disbursed for use by such the schools to conduct vocational career and technology agriculture programs on a full-time twelve-month per year basis. The provisions of this section shall not prohibit monies appropriated for vocational career and technology agriculture to be used in programs of less than twelve months per each year. The local school board shall decide whether all or any part of its vocational career and technology agricultural program shall be 12 twelve months or less than 12 twelve months after consideration of the local board's needs assessment for vocational career and technology agriculture and the findings of the State Department of Education's Clemson University's review of the local vocational career and technology agricultural program.

Section 59-53-1860.   The State Board of Education may use the funds appropriated by Sections 59-53-1810 to 59-53-1870 for the payment of the salaries of teachers, supervisors, or directors of vocational career and technology subjects, for the purchase of supplies and equipment to be used by vocational career and technology classes, for the maintenance of classes for training teachers of vocational career and technology subjects or for the administration of vocational career and technology education, including necessary supervision and clerical help.

Due to the special characteristics of agriculture education work experiences which require instruction during the summer and on a year-round basis, monies appropriated for this purpose shall must be available on a full-time twelve-month per year basis to those high schools and joint vocational career and technology schools whose teachers of vocational career and technology agriculture are responsible for the following programs of instruction on a full-time basis during the interim between academic years:

(a)   supervision and instruction of students in agriculture experience programs;

(b)   group and individual instruction of farmers and agribusinessmen;

(c)   supervision of student members of 'Future Farmers of America' who are involved in leadership training or other activities as part of their vocational career and technology education instructional program;

(d)   any program of vocational career and technology agriculture established by the State Board of Education.

Section 59-53-1870.   The State Board of Education shall adopt rules and regulations governing the expenditures of moneys monies appropriated by Sections 59-53-1810 to 59-53-1870 and shall make the same known to the various school districts of the State in order that they may know the conditions under which they are entitled to share in the funds available for vocational career and technology education.

On or before December 30, 1980, the The State Board of Education shall adopt instructional program standards for vocational career and technology programs and a needs assessment format which includes instructional requirements for the special characteristics of the different vocational career and technology programs, using as a guide for vocational career and technology agriculture the standards of quality vocational career and technology programs in agriculture/agribusiness education developed by the vocational career and technology agricultural education profession. The instruction program standards for vocational career and technology agriculture programs shall include the instructional programs for the interim between academic years which are itemized in Section 59-53-1860 of the 1976 Code, as amended.

These instructional program standards shall be incorporated in the South Carolina State Plan for Vocational- Technical Career and Technology Education as adopted by the State Board of Education. The instructional standards adopted by the State Board of Education

Local programs of vocational career and technology agriculture education and the school district's needs assessment for agriculture education programs shall must be reviewed by the State Department of Education Clemson University consultants for agriculture education with the participation of an advisory team consisting at minimum of a member of the local advisory committee for vocational career and technology agriculture, a member of the local advisory council for vocational career and technology education, and a teacher-educator for agriculture education from Clemson University. The findings of such these reviews shall include an explicit statement of the vocational career and technology agricultural education needs of the students and the agriculture community served by such the local program. Any member of this review team shall must be allowed to include a minority opinion in the findings of the review. These reviews shall must be scheduled by the State Department of Education Clemson University at intervals adequate to assure local program compliance with the State Plan for Vocational and Technical Career and Technology Education. Whenever a high school or joint vocational career and technology school's annual report, as required by Section 59-20-60, the S. C. Education Finance Act of 1977, on programmatic needs fails to justify or continue offering on a full-time twelve-month per year basis any existing vocational career and technology agriculture education program, the school district board of trustees for such the school shall include and consider the findings of the State Department of Education Clemson University review of the local vocational career and technology agriculture program in the needs assessment of such the district board of trustee's comprehensive annual and long-range plan for meeting program needs.

Section 59-53-1880.   For the purpose of developing and maintaining vocational career and technology education facilities and programs to serve an area not exclusively within the boundaries of a single school district, the school districts serving such an area are empowered to affiliate with each other under such the terms and conditions, not in conflict with this section and Section 59-53-1890, as they see fit. The affiliation shall must be evidenced by a written instrument to be filed with the secretary and administrative officer of the State Board of Education and with the county boards of education concerned.

Section 59-53-1890.   The affiliation agreement shall provide:

(a)   for the affiliating school districts to appoint a liaison committee which shall recommend organizational and administrative procedures and measures to assure adequate accounting procedures;

(b)   procedures by which vocational career and technology education funds appropriated by the federal, state, or county government may be applied for and received;

(c)   procedures by which one of the affiliating school districts may hold title for the benefit of all to real and personal property acquired with such funds; and

(d)   that each of the affiliating school districts shall have an equity in such the joint assets to the extent that the assessed tax value of the property within such the school district bears to the aggregate assessed tax value of the property within the combined area of the school districts. If less than an entire school district is served by such vocational the career and technology education facilities or programs, only the area served shall must be considered in computing equities in joint assets.

Section 59-53-1900.   Any group of two or more school districts of the State, without regard to county lines, may join to create vocational career and technology school boards (hereinafter referred to as boards) to construct, operate, govern, supervise, manage, and control vocational schools. Provided, however However, that the provisions of this section shall not be applicable to any school district with a vocational career and technology center serving only those students residing within its geographical limits. Each board shall consist of six appointed members, to be apportioned among the districts joining in the creation of the board as the districts may agree. Members shall must be selected by the school boards of trustees from the members of their respective district school boards of trustees. The terms of the members of the board shall must be concurrent with their terms on the district school board of trustees. In the event that If vacancies occur or members of the boards cease to be members of their respective boards of trustees, such the vacancies shall must be filled by members from the same school board of trustees of which the withdrawing member was a member, selected by the trustees of that district or county.

The superintendent of each participating district shall serve as an ex officio non-voting nonvoting member of the board. The superintendents shall must be administrative members of the board and shall jointly nominate staff and assume such responsibilities and perform such duties as may be prescribed by law or by regulations of

As soon as convenient after June 4, 1975 the The respective boards of trustees of participating districts shall select their members and the boards shall convene and organize by electing one member as chairman and one as vice chairman. The terms of chairman and vice chairman shall be are for one year. The boards shall have such other officers and prescribe terms thereof as deemed considered necessary.

The members of the boards shall must be paid such compensation as the boards may provide by resolution; provided, that such the compensation shall not exceed fifty dollars per meeting and mileage at a rate of fourteen cents per mile.

Section 59-53-1910.   The vocational career and technology school shall not constitute a separate school district but shall be a joint project for the establishment of a vocational career and technology school by the cooperating school districts. The vocational career and technology school shall must be funded by the respective district boards, as the district boards may agree upon. The costs of acquiring real property and the improvements thereon on it are to be borne by the respective district boards according to their agreement thereon.

Section 59-53-1920.   The boards shall must be fully empowered to operate, govern, supervise, manage, control, direct, acquire, construct, maintain, improve, and extend the facilities of the schools. To that end, the boards shall have the following powers to:

(1)   To have perpetual succession.;

(2)   To sue and be sued.;

(3)   To adopt, use, and alter an institutional seal.;

(4)   To define a quorum for meetings.;

(5)   To establish a principal office.;

(6)   To make bylaws for the management and regulation of their affairs.;

(7)   To acquire, build, construct, equip, maintain, and operate a vocational career and technology school or schools.;

(8)   To select a vocational career and technology school director or directors.;

(9)   To accept gifts or grants of services, properties, or monies from private individuals or entities, from the State of South Carolina, the United States, or its agencies thereof. ;

(10)   To make contracts and execute and deliver all instruments necessary or convenient for the carrying on of the business of the vocational career and technology school.;

(11)   To acquire in the name of the cooperating districts, as tenants in common, by purchase or gift, all land and interest therein in it which the boards shall, in their discretion, deem consider necessary to enable them to fully and adequately discharge their responsibilities.;

(12)   To appoint officers, agents, and employees and prescribe their duties, fix their compensation, and determine if and to what extent they shall must be bonded for the faithful performance of their duties; and to make contracts for construction, architectural, engineering, legal, and other services and materials.;

(13)   To determine each school year the student capacity of the vocational career and technology school, with the capacity to be apportioned by agreement among the cooperating districts. In the event that in If any school year any of the respective boards fail to fulfill their quota, the other boards shall must be permitted to fill such the unused allocation with students from their county. The boards utilizing the unused allocation shall pay for each student on a pro rata part of the year's current operating expenses based upon the budget. This amount shall must be paid at the beginning of the fiscal year, except that the actual cost shall may not be computed until the end of the current school year or the end of each semester and adjustments shall must be made at that time. Nothing herein shall in this section must be construed to limit the cost of maintenance, support, and operations of the vocational career and technology schools jointly.;

(14)   To perform all other actions necessary or convenient to carry out any responsibility, function, or power committed or granted to the boards.

Section 59-53-1930.   The boards shall conduct their affairs on the fiscal year basis employed by the State. As soon after the close of each fiscal year as may be practicable, an audit of school affairs shall must be made by a certified public accountant, to be designated by the boards. Copies of such the audits, incorporated into annual reports of the boards, shall must be filed with the cooperating school districts.

Section 59-53-1940.   It shall be is unlawful for any a person to wilfully injure or destroy, or in any manner hurt, damage, tamper with, or impair the facilities of a vocational board, or any part thereof of it. Any A person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction, shall must be fined not less than ten dollars nor more than one hundred dollars or imprisoned for not more than thirty days at the discretion of the court, and shall must be further liable to pay the cost of all damages.

Section 59-53-1950.   The General Assembly shall provide funds in the annual general appropriation appropriations act for the purchase of equipment for vocational career and technology training pursuant to the Department of Education's State Plan for vocational-technical education Career and Technology Education. The highest priority in funding for vocational career and technology education must be given to job preparatory workforce preparation, occupational proficiency courses in areas related to:

(a)   current high technology trades, businesses, and industries;

(b)   high labor market and high labor intensive demand;

(c)   small business management; and

(d)   new and emerging trades, industries, and businesses which foster and enhance the economic development, stability, and diversification of the State's economy.

Section 59-53-1960.   Commencing with 1987-88, to To continue existing job preparatory workforce preparation programs, other than vocational career and technology agriculture, fifty percent of the graduates available for placement must be placed during the prior three years in the area for which training was provided. Each graduate of a job preparatory vocational workforce preparation career and technology education program must be surveyed by his school district ten months after graduation to determine job placement status. The school districts shall make an annual report to the State Board of Education of the findings of its survey. The State Board of Education shall report the results of the district surveys to the Governor, General Assembly, and the Advisory Council on Vocation Technical Career and Technology Education. The State Board of Education may waive the fifty percent requirement upon recommendation of the school district, if the district can demonstrate that a program responds to the employment needs of new or expanding businesses or industries. Students must be advised prior to before enrollment in a job preparatory workforce preparation program of possible discontinuation of the program, if placement data indicate possible discontinuation, and of the employment outlook for graduates of the program. Students enrolling in vocational career and technology programs which are not preparatory for employment must be clearly advised of this fact by the school district.

Section 59-53-1970.   South Carolina's evolving economy, new conditions in the workplace, and changing needs of employers combined with the provisions of basic skills remedial programs, increased course requirements, and modernization of equipment require

This study shall provide the General Assembly with:

(1)   data on and analysis of students' use of the vocational education system, delineating among participation in courses, between occupational and non-occupational courses of study, and between students who participate in a complete sequence of courses as opposed to those who take only one or two courses;

(2)   recommendations for the creation of a new management information system which will provide the General Assembly with more timely, accurate, and useful information about student participation in, completion of, and placement from various vocational education programs, and the effects of students' participation in these programs;

(3)   a demographic and achievement profile of students who enroll in, complete, and are placed from vocational education courses;

(4)   a report of employers' expectations of and experiences with the vocational education system, based on interviews with a representative sample of employers in South Carolina;

(5)   a report of students' perceptions of and experiences with the vocational education system, based on interviews with a representative sample of current and former public school students;

(6)   recommendations for how the vocational education system can best meet the training and employment needs of low achieving students who do not seek post-secondary education;

(7)   recommendations for how the programs of the vocational education system can be better coordinated with other state agencies concerned with education, training, and employment to best serve young people who do not seek post-secondary education;

(8)   report on South Carolina's labor needs between 1990 and 2000 which can be met by students who successfully complete programs provided by the vocational education system.

The House Education and Public Works Committee and the Senate Education Committee shall designate committee staff to serve as liaisons with the staff of the South Carolina Advisory Council on Vocational and Technical Education to provide advice about how the

Section 59-53-1980.   The Governor shall appoint a committee to study all areas of career and technology training in South Carolina. The committee is composed of representatives of the business community, the General Assembly, and the various agencies involved in career and technology training. Based on the findings of the committee, the Governor shall make recommendations to the General Assembly related to a coordinated statewide program of career and technology training which addresses the following concerns:

a.   duplication of services and people served.;

b.   need for a comprehensive assessment of future job opportunities in South Carolina and the relationships of those opportunities to the direction of future job training efforts.;

c.   Need for a unified plan to coordinate job training efforts.;

d.   Need for a standard management information system.;

e.   Insufficient emphasis on entrepreneur training and information and service occupations.;

f.   Narrow missions of Special Schools.;

g.   Training systems not prepared to handle federal cutbacks in funding.;

h.   Insufficient coordination with private employers to provide job training.;

i.   Insufficient coordination of training needs for special target groups.;

j.   Lack of coordination of illiteracy efforts with job training programs.;

k.   Other barriers which prevent a coordinated, accessible, and efficient job training effort in South Carolina." /
Renumber sections to conform.
Amend totals and title to conform.

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

The following Bill was taken up:

H. 4419 (Word version) -- Reps. Townsend, Walker, Littlejohn, Whipper and Gilham: A BILL TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION MUST KEEP A RECORD OF THE TRUSTEES WHO SUCCESSFULLY COMPLETE THE ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE AND TO FURTHER PROVIDE THAT A TRUSTEE OR COUNTY BOARD MEMBER WHO FAILS TO SUCCESSFULLY COMPLETE THE ORIENTATION IS SUBJECT TO SUSPENSION FROM OFFICE BY THE STATE DEPARTMENT OF EDUCATION OR REMOVAL FROM OFFICE PURSUANT TO SECTION 59-19-60.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20952SD02):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION   1.   Section 59-19-45 of the 1976 Code, as added by Act 155 of 1997, is further amended by adding:

"(F)   The State Department of Education must keep a record of the school board trustees who successfully complete the orientation program. A trustee who does not successfully complete the orientation program within one year of taking office shall be reported to the chairman of the local board of trustees by the State Department of Education. The local board shall take action to ensure that the matter is resolved and provide a written report to the State Department of Education within thirty days of the initial notice.

(G)   The State Department of Education shall cite a district in its accreditation report if a new trustee fails to comply with the orientation requirements." /

Rep. WALKER explained the amendment.

Rep. MCLEOD 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. 4405 (Word version) -- Rep. Harrison: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC OR PRIVATE SCHOOL IN RICHLAND COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

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

The following Joint Resolution was taken up:

H. 4317 (Word version) -- Reps. Altman and Talley: A JOINT RESOLUTION ESTABLISHING THE MOTOR VEHICLE SERVICES

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

The following Joint Resolution was taken up:

H. 4730 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE ADMINISTRATIVE RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2666, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The following Joint Resolution was taken up:

H. 4731 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE FINANCIAL RECORDS, DESIGNATED AS REGULATION DOCUMENT

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

The following Joint Resolution was taken up:

H. 4732 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR COUNTY RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The following Bill was taken up:

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.

Rep. HARRISON 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.

Upon the withdrawal of requests for debate by Reps. KLAUBER and TAYLOR, 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 AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.

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

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

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, cloture having been ordered:

S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell,

Rep. ALTMAN spoke against the Bill.
Rep. LOFTIS spoke against the Bill.

My conservative roots guide me to the profound belief that our citizens are best served by less government and more freedom. One of the key factors in the success of America has been the private ownership of land.
Our good friend from Charleston has argued that somehow this is a property rights issue. That argument is simply a diversion. The argument is the government's enticement to sell off property rights, the most valuable of which is the development rights, thus land control, if not directly by government, through government via a third party.
It is about financing private ownership with public money. It is about opening the public treasury to private organizations. It is really about making these organizations real estate agents for the government.
I come to challenge our consciousness, that in our efforts to do good, we are careful not to do harm. I have a deep conviction that we have not been so careful with this legislation.
We are told of the great good this bill will do, while refusing to even take an inventory of what has already been done with land easements. We also do not know what kind of cash cow these state tax dollars and federal dollars combined with donated lands and dollars may create.
We have not even considered the scope of destruction it may eventually cause our state in commerce and industrial development. All of which relates to jobs, opportunity and yes, improved quality of life. You might say, we don't know nor care where we've been and we are charting a new course disregarding the pitfalls of the journey.
I hope the second and third generation beyond our lives will not look back and say that we have been naive about this matter also. Remember, if we are wrong, there is no provision in this legislation to pull back the reins.
The elite talk about "quality of life", the common man talks about earning a living and providing for the family; sometimes worrying about the stability of his employment and how to provide for his children's college education. The poor worry about survival.
You see. While quality of life to some means "green space" to others it means different things, among which are convince to shopping, a good highway system, good job opportunities and yes, food on the table, and affordable home ownership.
It is not uncommon that legislation passed by this body, benefits a few at the expense of others, however should circumstances change

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

Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of the Bill, cloture having been ordered.

The following was introduced:

H. 4764 (Word version) -- Reps. W. D. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, 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 EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF THEIR COLLEAGUE, REPRESENTATIVE AL ROBINSON, AS HE LEAVES THE HOUSE TO ASSUME DUTIES IN WASHINGTON, D.C., WITH THE UNITED STATES DEPARTMENT OF LABOR AND WISHING FOR HIM A SUCCESSFUL AND PRODUCTIVE CAREER IN FEDERAL SERVICE.

Whereas, this stunning news is all the more amazing in that a member of the General Assembly, in an election year and in the midst of a budget crisis that has the members of the Ways and Means Committee digging for loose change in State House sofas, has been successfully tempted to leave the most august legislative body in the Western World; and

Whereas, Representative Robinson, since his arrival in 1993 as a House member, has elevated the tone of the debate in the General Assembly with his devotion to windmill tilting and punching the hot air balloons that float continuously to and fro in the State House Complex; and

Whereas, he has allowed no unctuous sentiment to go unskewered and no emotional appeal to go unchallenged; and

Whereas, any member of the General Assembly who has survived the flag debates and kept a good humor is a likely candidate for further service and success on a broader stage; and

Whereas, after the dust of his departure settles, his colleagues who remain can reflect on a legislative career well begun and greatly fulfilled, which serves an example for all men and women of strong views who come to serve and by hard work, keen insight, affability, and good humor, are able to make a difference and thereby make a great contribution in their service; and

Whereas, he has graciously, patiently, and intelligently served as the annual sponsor of the Omnibus Tax Bill, a true test of the equanimity of any statesman as he daily moved through the Statehouse lobby trailed by pleading lobbyists; and

Whereas, to the trained State House observer, Al's sometimes lugubrious appearance and demeanor bely a rapier wit of untold sarcastic magnitude, capable of skewering the unsophisticated or unsuspecting legislator or lobbyist; and

Whereas, he is a jack of all trades and a master of them all, as evidenced by his far flung professional, intellectual, and legislative pursuits; and

Whereas, he has been able to temper his passionately held beliefs with his deep respect for his representative role in the legislative process; and

Whereas, he has served his county and state with intellectual distinction and personal honor, the ever constant gentleman-statesman. Now, therefore,

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

That the General Assembly of South Carolina expresses the appreciation of its members for the distinguished service of their colleague, Representative Al Robinson, as he leaves the House to assume duties in Washington, D.C., with the United States Department of Labor and wishing him a successful and productive career in federal service.

Be it further resolved that a copy of this resolution be forwarded to Representative Al Robinson.

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

The following was introduced:

H. 4765 (Word version) -- Reps. Koon, Frye, Bingham, Riser, Huggins, Knotts and Stuart: A HOUSE RESOLUTION TO EXPRESS PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF DON CAUGHMAN OF WEST COLUMBIA ON FRIDAY,

The Resolution was adopted.

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

H. 4766 (Word version) -- Ways and Means Committee: A HOUSE RESOLUTION EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT NO PERMANENT LAW, I.E., PART II'S, SHOULD BE INCLUDED IN THE GENERAL APPROPRIATIONS BILL FOR FISCAL YEAR 2002-2003, WHEN THE BILL IS UNDER CONSIDERATION IN THE HOUSE BEGINNING MARCH 11, 2002.

Whereas, fiscal year 2002-2003 promises to be an extraordinarily difficult year for many important and worthwhile state programs because of agency base budget reductions; and

Whereas, the long established practice of adding new permanent law, i.e., Part II's, in what should be a temporary spending measure has sometimes had the effect of increasing appropriations above what they would otherwise be if the permanent law measure had been fully vetted and debated in the committee process; and

Whereas, in this year of base budget cuts it is essential that the House of Representatives take no action that would require increased overall appropriations because of legislation that considered in isolation could not pass the House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, express the sense of the House of Representatives that no permanent law, i.e., Part II's, should be included in the general appropriations bill for fiscal year 2002-2003, when the bill is under consideration in the House beginning March 11, 2002.

Rep. HARRELL explained the Resolution.

Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hines, J.
Hines, M.              Hinson                 Hosey
Huggins                Jennings               Keegan
Kelley                 Kennedy                Kirsh
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Rivers                 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.            Stille
Stuart                 Talley                 Thompson
Townsend               Tripp                  Trotter

Vaughn                 Walker                 Webb
Weeks                  Whatley                Whipper
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Those who voted in the negative are:

So, the Resolution was adopted.

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

H. 4767 (Word version) -- Reps. Gilham, Allison, Rodgers and Walker: A BILL TO AMEND SECTION 44-55-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, WASTE DISPOSAL, AND THE LIKE SO AS TO PROVIDE THAT CERTAIN PROVISIONS RELATING TO THE PROTECTION AND MAINTENANCE OF WATER SYSTEMS DO NOT APPLY TO A PROFESSIONALLY INSTALLED LAWN SPRINKLER SYSTEM OR LAWN IRRIGATION SYSTEM CONNECTED TO A PUBLIC WATER SYSTEM.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4768 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-89 SO AS TO PROVIDE THAT A WHOLE EFFLUENT TOXICITY (WET) TEST RESULT THAT DEVIATES FROM WATER QUALITY STANDARDS ENFORCED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DOES NOT CONSTITUTE A VIOLATION WITHOUT EVIDENCE OF OTHER WATER QUALITY STANDARD DEVIATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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

The Senate returned to the House with concurrence the following:

H. 4722 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE RHETT TABER, JR., OF FORT MOTTE, WHO CAME IN FIRST PLACE IN THE INT AMATEUR SKI TOURNAMENT FIRST CLASS IN HOUSTON, TEXAS, TO RECOGNIZE THE TEAM BUOY CREEK WATER SKIERS, AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

H. 4743 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-TWO SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2002 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.

At 1:20 p.m. the House, in accordance with the motion of Rep. CLYBURN, adjourned in memory of Marie D. Clement of Aiken, to meet at 10:00 a.m. tomorrow.

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