Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 18:28: "You, O Lord, keep my lamp burning. My God turns my darkness into light."
Let us pray. Gracious God, fill us with Your spirit that we may serve You as we serve the people of this State. Give wisdom and vision to these women and men as they make decisions for the betterment of those whom we serve. Bless our nation and leaders to do the work they have been called to do. Protect our troops where they serve. Hear our prayer, O God. Amen.

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

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

Rep. TRIPP moved that when the House adjourns, it adjourn in memory of Gertrude White of Piedmont, which was agreed to.

The following was received:

TO:       The Clerk of the Senate

The Clerk of the House
FROM:     Glenn F. McConnell, Chairman
DATE:     May 8, 2003

Respectfully submitted,

Senator Glenn F. McConnell, Chairman
Representative F.G. Delleney, Jr., Vice Chairman
Richard S. Fisher, Esquire
John P. Freeman, Esquire
Mrs. Amy Johnson McLester
Senator Thomas L. Moore
Senator James H. Ritchie, Jr.
Judge Curtis G. Shaw
Representative Doug Smith
Representative Fletcher N. Smith, Jr.

Date Draft Report Issued:   Thursday, May 8, 2003
Date and Time Final Report Issued:   12:00 Noon, Tuesday, May 13, 2003

The Judicial Merit Selection Commission is charged by law to consider the qualifications of candidates for the judiciary. This report details the reasons for the Commission's findings, as well as each candidate's qualifications as they relate to the Commission's evaluative criteria. The Commission operates under the law which went into effect July 1, 1997, and which dramatically changed the powers and duties of the Commission. One component of this law is that the Commission's finding of "qualified" or "not qualified" is binding on the General Assembly. The Commission is also cognizant of the need for members of the General Assembly to be able to differentiate between candidates and, therefore, has attempted to provide as detailed a report as possible.

The Judicial Merit Selection Commission is composed of ten members, four of whom are non-legislators. The Commission has continued the more in-depth screening format started in 1997. The Commission has asked candidates their views on issues peculiar to service on the court to which they seek election. These questions were posed in an effort to provide members of the General Assembly with more information about candidates and the candidates' thought processes on issues relevant to their candidacies. The Commission has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office he or she is seeking. The Commission feels that candidates should have familiarity with the subject matter of the courts for which they offer, and feels that candidates' responses should indicate their familiarity with most major areas of the law with which they will be confronted.
The Commission also used the Citizens Committees on Judicial Qualifications as an adjunct of the Commission. Since the decisions of our judiciary play such an important role in people's personal and professional lives, the Commission believes that all South Carolinians should have a voice in the selection of the state's judges. It was this desire for broad-based grassroots participation that led the Commission to create the Citizens Committees on Judicial Qualifications. These committees, composed of people from a broad range of experience (doctors, lawyers, teachers, businessmen, and advocates for varied organizations; members of these committees are also diverse in race, gender, and life experiences), were asked to advise the Commission on the judicial candidates in their regions. Each regional committee interviewed the candidates from its assigned area and also interviewed other individuals in that region who were familiar with the candidate either personally or professionally. Based on those interviews and its own investigation, each committee provided the Commission with a report on their assigned candidates based on the Commission's evaluative criteria. The Commission then used these reports as a tool for further investigation of the candidate if the committee's report so warranted. Summaries of these reports have also been included in the Commission's report for your review.
The Commission conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which each candidate is questioned on a wide variety of issues. The Commission's investigation focuses on the following evaluative criteria: constitutional qualifications; ethical fitness; professional and academic ability; character; reputation;

While the law provides that the Commission must make findings as to qualifications, the Commission views its role as also including an obligation to consider candidates in the context of the judiciary on which they would serve and, to some degree, govern. To that end, the Commission inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public as to matters of legal knowledge and ability, judicial temperament, and the absoluteness of the Judicial Canons of Conduct as to recusal for conflict of interest, prohibition of ex parte communication, and the disallowance of the acceptance of gifts. However, the Commission is not a forum for reviewing the individual decisions of the State's judicial system absent credible allegations of a candidate's violations of the Judicial Canons of Conduct, the Rules of Professional Conduct, or any of the Commission's nine evaluative criteria that would impact on a candidate's fitness for judicial service.
The Commission expects each candidate to possess a basic level of legal knowledge and ability, to have experience that would be applicable to the office sought, and to exhibit a strong adherence to codes of ethical behavior. These expectations are all important, and excellence in one category does not make up for deficiencies in another.

Routine questions related to compliance with Canons governing ethics and financial interests are now administered through a written questionnaire mailed to candidates and completed by them in advance of each candidate's staff interview. These issues are no longer automatically made a part of the public hearing process unless a concern or question was raised during the investigation of the

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Buchan meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Buchan was born on September 26, 1952. She is 50 years old and a resident of Marion, South Carolina. Judge Buchan provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1980.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Buchan.
Judge Buchan demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Hayes meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Hayes was born on October 18, 1945. He is 57 years old and a resident of York, South Carolina. Judge Hayes provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1971.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Hayes.
Judge Hayes demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Kittredge meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Kittredge was born on September 28, 1956. He is 46 years old and a resident of Greenville, South Carolina. Judge Kittredge provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1982.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Kittredge.
Judge Kittredge demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Kittredge reported that he has made $70.23 in campaign expenditures for postage $62.90; paper $2.04; envelopes $4.06; large envelopes 72¢; and 1 disk 51¢.
Judge Kittredge testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Kittredge testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

"The Court of Appeals offers a tremendous opportunity for service. I have enjoyed and benefited from my many years of service as a circuit court and family court judge. If I am unsuccessful in my bid for the Court of Appeals, I will continue to enjoy my service as a circuit court judge.

Beyond my educational background, which includes summa cum laude, (undergraduate), Phi Beta Kappa, Order of Wig and Robe, Order of the Coif, etc., I respectfully request the Commission consider my many years of service on the South Carolina trial bench.

I have: (1) served as chief administrative judge on numerous occasions in family and circuit court; (2) formed Bench/Bar committees in family and circuit court to facilitate productive and positive communication between judges and practicing attorneys on matters affecting the court; (3) assembled and participated in the committee which resulted in the implementation of the successful Alternate Dispute Resolution Program in Greenville County; (4) been assigned and tried many complex cases, including medical malpractice, products liability, constitutional challenges to state statutes, etc.; (5) been responsible for the organization, scheduling and presentation of many JCLEs at family court and circuit court

I believe my experience has equipped me to serve on the Court of Appeals. I have, through the years, increasingly prepared more of my orders without input from the prevailing attorney. I enjoy legal analysis, research and writing. I am no stranger to hard work. I am prepared for the Court of Appeals."

The Commission was very impressed with Judge Kittredge's outstanding reputation in the community and as a jurist on the Circuit Court bench. The Commission noted his great intellect, fair-mindedness to litigants and parties, as well as his diligence in discharging his responsibilities as a judge.

Commission's Findings: QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Lee meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Lee was born on September 17, 1958. She is 44 years old and a resident of Columbia, South Carolina. Judge Lee provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1984.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Lee.
Judge Lee demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to

Rules, Rules, Rules: S.C. Rules of Civil Procedure (3.0);

South Carolina Woman Advocate (4.25) - April;

Employment and Labor Law (3.0);

Ethics Seminar (3.0).
1999 - carried over credits from 1998:

Annual Criminal Law Update (7.0) - January;

Circuit Judges Orientation School (17.25) - June;

S.C. Judicial Conference (7.25) - August;

S.C. Circuit Judges Conference (6.0) - May.
2000 - carried over credits from 1999:

National Judicial College, General Jurisdiction (58.08) - April;

Annual Criminal Law Update (6.0) - January;

S.C. Circuit Judges Conference (6.5) - May;

S.C. Judicial Conference (7.75) - August.
2001 - carried over credits from 2000:

Annual Criminal Law Update (6.0) - January;

S.C. Circuit Judges Conference (7.5) - May;

S.C. Judicial Conference (8.25) - August.

Annual Criminal Law Update (6.0) - January;

S.C. Circuit Judges Conference (7.5) - May;

S.C. Judicial Conference (8.25) - August."
Judge Lee reported that she has taught the following law-related courses:
"(a)   JCLE - Basic Elements of Proof in the Family Court (August 1985). Topic: Settling the Family Court Record on Appeal.
(b)   Basic Federal Court Practice (September 1985). Topic: Pretrial Orders, Sanctions & Local Rules.
(c)   Bridge the Gap (May 1996, March 1997, May 1997, March 1998, May 1998). Topic: Practice Tips for the Administrative Law Judge Division.
(d)   1996 That Was the Year That Was (January 1997). Topic: 1996 Update for the Administrative Law Judge Division.
(e)   Rules, Rules, Rules: S.C. Practice & Procedure Update (March 1998). Topic: Rules of the Administrative Law Judge Division.
(f)   South Carolina Woman Advocate: Moving into the Millennium (May 1998).
(g)   Tips from the Bench (December 2002). Topics: Ethics - Circuit Court."
Judge Lee reported that she has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge Lee did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Lee did not indicate any evidence of a troubled financial status. Judge Lee has handled her financial affairs responsibly.
The Commission also noted that Judge Lee was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.

Commission's Findings: QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Short meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Short was born on January 13, 1947. He is 56 years old and a resident of Chester, South Carolina. Judge Short provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1971.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Short.
Judge Short demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Short reported that he has not made any campaign expenditures.
Judge Short testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Short testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

Judge Short reported the following regarding public offices held:
"(a)   South Carolina House of Representatives, elected, 1982-1991;
(b)   Chester County Airport Commission, appointed, 1978-1980;
(c)   Chester County Attorney, appointed, 1980-1982."
(6)   Physical Health:
Judge Short appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Short appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Short was admitted to the South Carolina Bar in 1971. He gave the following account of his legal experience since graduation from law school:
"I began the general practice of law in November 1971, in Chester, South Carolina with Mr. Fred H. Strickland and Mr. E.K. Hardin. I practiced law continuously in the same firm. In late 1972, I became a partner in the firm and in approximately June 1973, Mr. Hardin left the firm to become Probate Judge of Chester County. In July 1973, Mr. Strickland was tragically killed in a house fire and I became senior partner at the age of 26. Mr. William C. Keels graduated from law school in June 1973, and he and I began practicing law together at that time.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Young meets the qualifications prescribed by law for judicial service as a Family Court judge.
Mr. Young was born on August 2, 1955. He is 47 years old and a resident of Sumter, South Carolina. Mr. Young provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Young.
Mr. Young demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

The following candidates were found qualified and nominated:

Mary E. Buchan, Court of Appeals, Seat 3
John C. Hayes III, Court of Appeals, Seat 3
John W. Kittredge, Court of Appeals, Seat 3
W. Jeffrey Young, Family Court for the Third Judicial Circuit, Seat 2

Respectfully submitted:
Members of the Judicial Merit Selection Commission

Senator Glenn F. McConnell, Chairman
Representative F.G. Delleney, Jr., Vice Chairman
Richard S. Fisher, Esquire
John P. Freeman, Esquire
Mrs. Amy Johnson McLester
Senator Thomas L. Moore
Senator James H. Ritchie, Jr.
Judge Curtis G. Shaw
Representative Doug Smith
Representative Fletcher N. Smith, Jr.

May 8, 2003
Received as information.

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

May 7, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29211

Dear Chairman Leach:
On behalf of NewSouth Communications, Members of the House of Representatives are invited to a luncheon on the State House grounds on Wednesday, May 21, 2003, at noon.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT OF OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.
Ordered for consideration tomorrow.

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

H. 4175 (Word version) -- Rep. Sinclair: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY GENERAL PROVISIONS, BY ADDING SECTION 23-1-10 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY ENGAGE IN POLITICAL ACTIVITY WHILE OFF DUTY AND MUST NOT BE DENIED THE RIGHT TO REFRAIN FROM ENGAGING IN POLITICAL ACTIVITY; AND BY ADDING ARTICLE 3 RELATING TO DUE PROCESS DISCIPLINARY PROCEDURES FOR LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE DEFINITIONS USED IN CONNECTION WITH DISCIPLINARY PROCEEDINGS FOR LAW ENFORCEMENT OFFICERS DISCIPLINARY PROCEEDINGS, TO PROVIDE FOR CERTAIN RIGHTS AND RESPONSIBILITIES OF EMPLOYING AGENCIES AND LAW ENFORCEMENT OFFICERS IN CONNECTION WITH INVESTIGATIONS INTO ALLEGATIONS THAT A LAW ENFORCEMENT OFFICER COMMITTED AN OFFENSE OR ENGAGED IN MISCONDUCT, TO PROVIDE FOR DUE PROCESS WHEN CONDUCTING DISCIPLINARY HEARINGS, TO PROVIDE FOR AGENCY REVIEW OF CERTAIN FINDINGS AND RECOMMENDATIONS BEFORE TAKING DISCIPLINARY ACTION OR ADVERSE PERSONNEL ACTION AGAINST A LAW ENFORCEMENT OFFICER, TO PROVIDE FOR APPEALS FROM AGENCY FINDINGS AND RECOMMENDATIONS RESULTING IN DISCIPLINARY OR ADVERSE PERSONNEL ACTION AGAINST A LAW ENFORCEMENT OFFICER, AND TO PROVIDE SAFEGUARDS FOR PLACING ADVERSE PERSONNEL AND DISCIPLINARY MATERIAL IN A LAW ENFORCEMENT OFFICER'S PERSONNEL FILE; AND TO DESIGNATE SECTIONS 23-1-15 THROUGH 23-1-225 OF THE 1976 CODE AS ARTICLE 1 OF CHAPTER 1, TITLE 23.
Referred to Committee on Judiciary

H. 4176 (Word version) -- Rep. Anthony: A BILL TO AMEND ACT 231 OF 1993, RELATING TO THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, SO AS TO REDUCE THE

H. 4182 (Word version) -- Reps. Ceips, Anthony, R. Brown, Clark, Clyburn, Cobb-Hunter, Emory, Gilham, Hagood, Herbkersman, Keegan, Littlejohn, Mahaffey, Martin, Merrill, J. H. Neal, Sinclair, Stille and Young: A BILL TO AMEND SECTION 7-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR TO HAVE POSTED ON THE WEBSITE OF THE COMMISSION A FILING AND ELECTION SCHEDULE FOR ALL ELECTIONS.
Referred to Committee on Judiciary

H. 4183 (Word version) -- Reps. Ceips, Anthony, J. Brown, R. Brown, Clark, Clyburn, Gilham, Hayes, Herbkersman, J. Hines, Keegan, Littlejohn, Lloyd, Martin, Stille, Toole, Walker and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-210 SO AS TO MAKE IT A CRIME TO REMOVE OR VANDALIZE CAMPAIGN SIGNS AND PROVIDE A PENALTY FOR VIOLATION.
Referred to Committee on Judiciary

S. 675 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. SANDIFER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 678 (Word version) -- Senator Richardson: A BILL TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1

The following was introduced:

H. 4177 (Word version) -- Reps. Koon, Quinn, W. D. Smith, Clark and Frye: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSTATE INTERCHANGE OF INTERSTATE 20 AND ROAD 204 AT EXIT 51 IN LEXINGTON COUNTY AS THE "CHARLIE ROUNTREE, JR. JUNIOR GOLF INTERCHANGE" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD INDICATING THIS DESIGNATION IN RECOGNITION OF MR. CHARLIE ROUNTREE'S TIRELESS COMMITMENT TO THE GAME OF GOLF WITH EMPHASIS ON THE JUNIOR GOLF PROGRAM IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4178 (Word version) -- Reps. J. R. Smith and D. C. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE KATE POULIOT OF SIMPSONVILLE ON PITCHING HER TWENTY-FIFTH SHUTOUT IN THIRTY-ONE GAMES AND RAISING HER OVERALL WIN STREAK TO FIFTY-TWO, TO COMMEND HER FOR HER HARD WORK AND DEDICATION, AND TO WISH HER MUCH SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

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

The following was introduced:

H. 4179 (Word version) -- Reps. Coates and McGee: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF

The Resolution was adopted.

The following was introduced:

H. 4180 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION RECOGNIZING AND COMMENDING MRS. MARY FLOYD EPPS OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER EXCEPTIONAL DEVOTION TO HER FAMILY, FRIENDS, AND CHURCH.

The Resolution was adopted.

The following was introduced:

H. 4181 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION RECOGNIZING AND COMMENDING MRS. KATIE WEST STARKS ETHERIDGE OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER EXCEPTIONAL DEVOTION TO HER FAMILY, FRIENDS, AND CHURCH.

The Resolution was adopted.

The Senate sent to the House the following:

S. 689 (Word version) -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO EXTOL REVEREND DONALD E. CHANEY FOR HIS OUTSTANDING COMMUNITY INVOLVEMENT IN PASTORING AND PROVIDING LEADERSHIP TO THE PEOPLE OF THE STATE OF SOUTH CAROLINA.

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

The Senate sent to the House the following:

S. 690 (Word version) -- Senators Knotts, Reese, Patterson, Setzler, McGill, Glover, Malloy, Hutto, Pinckney, Mescher, Verdin, Waldrep, Grooms, Courson, Branton, Ravenel, Leatherman, Moore, Land, Alexander, J. V. Smith, Drummond and Richardson: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE MUSEUM FOR BEING CHOSEN AS THE THIRD MOST POPULAR MUSEUM IN THE SOUTHEAST BY THE SOUTHERN LIVING READERS' CHOICE AWARDS AND TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING CONTRIBUTIONS THE STATE MUSEUM HAS MADE TO SOUTH CAROLINA.

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

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Howard
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod

Merrill                Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rivers
Sandifer               Scarborough            Scott
Sheheen                Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

I came in after the roll call and was present for the Session on Thursday, May 8.

Karl Allen                        Jerry Govan
Ralph Davenport                   Seth Whipper
Todd Rutherford                   Thomas Rhoad
Fletcher Smith                    Bill Cotty
Douglas Jennings                  David Weeks
Joseph Neal
Alex Harvin   Richard Quinn

The SPEAKER granted Rep. RICHARDSON a leave of absence for the day due to illness.

Reps. HARVIN and QUINN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 6.

Announcement was made that Dr. Larry Winn of Easley 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. 3482 (Word version)
Date:   ADD:
05/08/03   QUINN

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   MILLER

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   BATTLE

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   BRANHAM

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   G. BROWN

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   HAYES

Bill Number:   H. 4048 (Word version)
Date:   REMOVE:
05/08/03   SNOW

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

S. 204 (Word version) -- Senators McConnell, Martin and Knotts: A BILL TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES, SO AS TO AUTHORIZE AN ADMINISTRATIVE LAW JUDGE TO USE MEDIATION AS PROVIDED IN THE SOUTH CAROLINA CIRCUIT COURT ALTERNATIVE DISPUTE RESOLUTION RULES; TO AMEND SECTION 6-29-800, RELATING TO THE POWERS OF A ZONING BOARD OF APPEALS, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-820, RELATING TO APPEAL FROM A ZONING BOARD OF APPEALS TO A CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-825, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A ZONING BOARD OF APPEALS DECISION; TO AMEND SECTION 6-29-830, RELATING TO THE NOTICE OF APPEAL FROM A ZONING BOARD OF APPEALS DECISION, SO AS TO PROVIDE FOR THE

The following Bill was taken up:

S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE

Rep. HARRISON proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11711AC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   A.   The 1976 Code is amended by adding:

"Section 61-6-710.   Notwithstanding any other provision of this title, a person who manufactures in this State food items such as sauces and marinades in which there is an alcoholic beverage ingredient and who does so under an agreement with the alcoholic beverage manufacturer must apply for a special food manufacturer's license from the department, in accordance with Section 61-2-100, to purchase the alcoholic beverage directly from the manufacturer in containers holding greater quantities of liquor than are sold to a retail consumer. The department must establish the form of the application for the special food manufacturer's license."
B.   Section 12-33-210 of the 1976 Code, as last amended by Act 144 of 1995, is further amended to read:

"Section 12-33-210.   The biennial license taxes on licenses granted under Title 61, in addition to all other license taxes, are as follows:

(1)   manufacturer's license: fifty thousand dollars;

(2)   wholesaler's license: twenty thousand dollars; and

(3)   retail dealer's license: one thousand and two hundred dollars.; and

(4)   special food manufacturer's license: one thousand two hundred dollars.

Each applicant shall must pay a filing fee of one hundred dollars which must accompany the initial application for each location and is not refundable.

A person who applies for a license after the first day of a license period shall must pay license fees in accordance with the schedule provided in Section 61-6-1810(C)."

"(A)   Any person or corporate entity (including partnerships) located in another state or country who knowingly and intentionally ships, causes to be shipped, or accepts for shipment any beer, wine, or alcoholic liquors directly to any resident of this State who does not hold a valid producer's, manufacturer's, or wholesaler's, or special food manufacturer's license or producer representative's certificate of registration issued by the State of South Carolina is in violation of this title."
D.   Section 61-6-2900 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2900.   Alcoholic liquors must be shipped or moved from a point outside this State to a point inside the State only by railroad companies, steamship companies, express companies, or truck companies authorized to do business in the State as common carriers by the Department of Public Safety, by wholesalers licensed by the department or by registered producers in their own trucks. Alcoholic liquors must be shipped or moved only to the warehouse of the food manufacturer licensed pursuant to Section 61-6-710, or the registered producer in care of the producer representative who is registered to handle the property of the registered producer originating the shipment. The shipment of alcoholic liquors must be either stored in the warehouse of the food manufacturer licensed pursuant to Section 61-1-710 or in a licensed warehouse of the registered producer or, after delivery to the producer representative is complete, may then be shipped to a licensed wholesaler by common carriers described in this section, by wholesalers licensed by the department or by registered producers in their own trucks. Shipments of alcoholic liquors from a licensed producer's warehouse to a licensed South Carolina wholesaler may be made in a vehicle owned or operated by the wholesaler. If alcoholic liquors are stored in the warehouse of a registered producer, or after delivery to the producer representative is complete, they may be shipped to a licensed wholesaler or to a point outside this State. Before any shipment or transfer, the food manufacturer or producer representative, as appropriate, must apply to the department, on forms prescribed by the department, for permission to ship or transfer the alcoholic liquors, and the food manufacturer or producer representative must have received a certificate of approval of the shipment or transfer."

"Section 61-6-4050.   It is unlawful for a person to purchase or otherwise procure alcoholic liquors other than those purchased from licensed retail dealers in the State or those purchased pursuant to a special food manufacturer's license in Section 61-6-710. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a)   for a first offense, by a fine of one hundred dollars or imprisonment for thirty days;

(b)   for a second offense, by a fine of two hundred dollars or imprisonment for sixty days; and

(c)   for a third or subsequent offense, by a fine of three hundred dollars or imprisonment for ninety days."
SECTION   2.   Section 61-6-1500 of the 1976 Code, as added by Act 415 of 1997, is amended to read:

"Section 61-6-1500.   (A)   No retail dealer may:

(1)   sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;

(2)   own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;

(3)   Notwithstanding items (1) and (2), a retail dealer may sell, offer for sale, barter, exchange, give, transfer, deliver, permit to be sold, own, or keep in his posession alcoholic liquors in separate containers containing one hundred milliliters provided that such containers are packaged together into a single unit of not less than four one hundred milliliter containers;

(4)   sell, barter, exchange, give, transfer, or deliver, offer for sale, barter, or exchange or permit the sale, barter, exchange, gift, transfer, or delivery of alcoholic liquors:

(a)   between the hours of 7:00 p.m. and 9:00 a.m.;

(b)   for consumption on the premises;

(c)   to a person under twenty-one years of age;

(d)   to an intoxicated person; or

(e)   to a mentally incompetent person;

(4)(5)   permit the drinking of alcoholic liquors in his store or place of business;

(5)(6)   sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:

(a)   the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and

(b)   the electronic transfer is initiated by the retailer no later than one business day after delivery; or

(6)(7)   redeem proof-of-purchase certificates for any promotional item.

However, during restricted hours retail dealers are permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.

(B)(1)   The provisions of this section subsection (A) relating to quantities of less than two hundred milliliters do not apply to:

(1)(a)   minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption; or

(2)(b)   minibottles sold for consumption on commercial aircraft engaged in interstate commerce.

(2)   It is unlawful for a person licensed to sell alcoholic liquors under the provisions of this section to refill a minibottle. A person who violates this provision must, upon conviction, have his license revoked permanently.

(3)   A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles. The record must include the name of the purchaser and the date and quantity of the sale.

(4)   It is unlawful to sell minibottles except during lawful hours of operation.

(5)   A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this paragraph subsection, 'a person licensed under Article 5 of this chapter' includes his a person's designated agent as a purchaser."
SECTION   3.   This act takes effect upon approval by the Governor and Section 1 applies to special food manufacturing licenses applied for on or after July 1, 2002.
Renumber sections to conform.
Amend title to conform.

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

The following Bill was taken up:

H. 3378 (Word version) -- Reps. Kirsh, F. N. Smith and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-15 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AS PROVIDED BY LAW SHALL BE DEVOLVED UPON THE STATE SUPERINTENDENT OF EDUCATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9799SD03):
Amend the bill, as and if amended, by deleting Section 59-5-15 of the 1976 Code, as contained in SECTION 1, and inserting:
/ "Section 59-5-15.   Notwithstanding any other provision of law, beginning July 1, 2003, the powers and duties of the State Board of Education as provided by law shall be devolved upon the State Superintendent of Education. However, the powers and duties relating to charter school appeals and other appeals currently heard by the State Board of Education shall be devolved upon the Administrative Law Judge Division. Additionally, the Administrative Law Judge Division is granted jurisdiction to hear and determine matters relating to teacher certification suspension and revocation." /
Amend title to conform.

Rep. WALKER explained the amendment.

Reps. ALTMAN, SIMRILL, WHITE, EDGE, OTT, LITTLEJOHN, SKELTON, R. BROWN, ANTHONY, HAGOOD, WALKER, PHILLIPS, HAMILTON, VIERS, CLEMMONS, MOODY-LAWRENCE, KENNEDY and BALES requested debate on the Bill.

The following Bill was taken up:

H. 3686 (Word version) -- Reps. Walker and Taylor: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5432CM03):
Amend the bill, as and if amended, Section 56-19-48(B), as contained in SECTION 1, page 1, by inserting after the / . / on line 40
/ The insurance company must pay the title fee contained in Section 56-19-420. /
When amended Section 56-19-480(B) shall read:
/SECTION   1.   Section 56-19-480(B) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(B)   If a vehicle is acquired by an insurance company in settlement of a claim to the vehicle by fire, flood, collision, or other causes, or is left with the claimant after being declared a total loss by the insurance company, the company or its agent immediately shall deliver to the department the certificate of title together with a report indicating the type and severity of damage to the vehicle. At such time as the insurance company may thereafter transfer the damaged vehicle, the company or its agent shall notify the department to whom the transfer was made on a form prescribed by the department. Notwithstanding another provision of law, when an insurance company obtains title to a vehicle from settling a total loss claim, the insurance company may obtain a title to the vehicle designated as 'salvage'. The insurance company must pay the title fee contained in Section 56-19-420." /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.

Reps. LOFTIS, EDGE, DAVENPORT, VIERS, CLEMMONS, WITHERSPOON, ALTMAN, LITTLEJOHN and MERRILL requested debate on the Bill.

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

H. 4158 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO HIGHWAY PATROL, SUBARTICLE 1 WRECKER REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2821, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 4005 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-75-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO EXPAND THE AREA IN WHICH THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE, SO AS TO AUTHORIZE THE DIRECTOR TO EXPAND THE TERRITORY OF THE ASSOCIATION ON AN EMERGENCY BASIS TO INCLUDE SEACOAST COUNTIES FOR A PERIOD OF TWO YEARS RATHER THAN ONE YEAR.

Rep. TRIPP explained the Bill.

H. 3901 (Word version) -- Reps. Thompson, Cato, Martin, Trotter and White: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND SALESMEN.

Rep. BINGHAM explained the Bill.

H. 3681 (Word version) -- Reps. E. H. Pitts, Clark, Duncan, Frye, Koon and Merrill: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS

Rep. ALTMAN explained the Bill.

H. 4004 (Word version) -- Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod: A BILL TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OF ANOTHER USING, AMONG OTHER THINGS, DURESS, COERCION, OR SWINDLING.

Rep. ALTMAN explained the Bill.

On motion of Rep. MILLER, with unanimous consent, it was ordered that H. 4158 (Word version) be read the third time tomorrow.

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4005 (Word version) be read the third time tomorrow.

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3901 (Word version) be read the third time tomorrow.

On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3681 (Word version) be read the third time tomorrow.

On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 4004 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 4076 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO CHANGE THE DEFINITION OF "EXEMPT COMMERCIAL POLICIES" TO DELETE THE REQUIREMENT THAT THE DEFINITION INCLUDE POLICIES FOR WHICH PREMIUMS FOR ONE INSURED IS GREATER THAN FIFTY THOUSAND DOLLARS ANNUALLY; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO CHANGE THE BASIS ON WHICH THESE TAXES ARE ASSESSED ON PREMIUMS FROM WRITTEN RATHER THAN COLLECTED; TO AMEND SECTION 38-21-170, AS AMENDED, RELATING TO REPORTING DIVIDENDS AND DISTRIBUTIONS TO SHAREHOLDERS TO THE DEPARTMENT, SO AS TO INCREASE FROM TEN TO FIFTEEN THE NUMBER OF DAYS BEFORE PAYMENT THE REPORT MUST BE GIVEN; TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE PAYMENT OF AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION TO THE SHAREHOLDERS OF A DOMESTIC INSURER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE REVIEW OF THIS TYPE OF DISTRIBUTION; TO AMEND SECTION 38-41-60, RELATING TO HOLDING IN TRUST FUNDS COLLECTED FROM PARTICIPATING EMPLOYERS UNDER MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-10, AS AMENDED, RELATING TO PERSONS CONSIDERED AS INSURANCE AGENTS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-40, AS AMENDED, RELATING TO THE RIGHT TO APPOINT PRODUCERS BY A LICENSED INSURER, SO AS TO REMOVE PROVISIONS WHICH REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO APPROVE THE APPOINTMENT OF PRODUCERS BEFORE THEY TAKE RISK OR TRANSACT BUSINESS; TO AMEND SECTION 38-43-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT APPLICANTS FOR A LIMITED LINE OR SPECIAL PRODUCER'S LICENSE MUST BE VOUCHED FOR BY AN OFFICIAL OR

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3506DW03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   The first paragraph of Section 2 of Act 313 of 2002 is amended to read:

"Notwithstanding the interest rate provisions of Section 38-69-240(a) of the 1976 Code, for prospective sales of contracts entered into pursuant to Section 38-69-240 from this act's effective date through January 1, 2004 June 30, 2005, the following applies:"
Amend further by adding an appropriately numbered SECTION to read:
/ SECTION __.   Section 38-71-40 of the 1976 Code is amended to read:

"Section 38-71-40.   (A)   The falsity of any statement related to insurability in the application for any individual policy covered by this chapter does not bar the right to recovery thereunder under it during the first two years from the issue date unless:

(1)   the false statement was made with actual intent to deceive; or unless it

(2)   the false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.

(B)   If either criteria provided in item (1) or (2) of subsection (A) is met, the insured is barred from recovery under the policy, and the policy is void. It is not necessary for both provisions in items (1) and (2) of subsection (A) of subsection (A) to be met in order for the right of recovery to be barred. This section does not repeal, supercede, or preempt any other provisions of Title 38 related to the falsity of statements in an application."
Amend further by striking SECTION 19 in its entirety and inserting:
/ SECTION   19.   This act takes effect upon approval by the Governor, except SECTION 13 takes effect January 31, 2004. /
Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. TRIPP, with unanimous consent, it was ordered that H. 4076 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 4031 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-87 SO AS TO PROVIDE THAT IF AN INDIVIDUAL SERVING IN THE MILITARY IS CALLED TO ACTIVE DUTY IN A TIME OF WAR AND IS UNDER A COURT-ORDERED OBLIGATION TO PAY CHILD SUPPORT, A REDUCTION IN THAT INDIVIDUAL'S PAY, DUE TO BEING CALLED INTO ACTIVE DUTY, CONSTITUTES A MATERIAL CHANGE IN CIRCUMSTANCES AND THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS AND SPOUSAL SUPPORT OBLIGATIONS MUST BE REDUCED BY A PERCENTAGE COMMENSURATE WITH THE PERCENTAGE REDUCTION IN THE INDIVIDUAL'S PAY; TO PROVIDE THAT NEITHER A CHILD SUPPORT NOR SPOUSAL SUPPORT ARREARAGE MAY ACCRUE AGAINST

Rep. ALTMAN explained the Bill.

Reps. HARRISON and G.M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11722AC03):
Amend the bill, as and if amended, Section 20-7-87(A) page 1, line 40 by deleting /:/, on line 41 by deleting /(1)/, and on page 2 by deleting item (2) on lines 10-11, so when amended, Section 20-7-87(A) reads:
/(A)   If a person serving in the Armed Forces of the United States, or the National Guard or any other federal or state military organization, is called to active duty in the time of war and that individual is under a duty to pay child support or spousal support pursuant to a court order any reduction in the amount of pay the individual receives due to being called into active duty constitutes a de facto material change of circumstances for the purpose of reducing the individual's child support obligation proportionally. Upon the individual submitting an affidavit to the clerk of family court, and supporting documentation demonstrating the reduction in pay, the clerk, in cases in which the individual pays the support through the family court, or the family court judge, ex parte, in all other cases, shall reduce the individual's child support and spousal support obligation by the amount the same percentage that the individual's pay was reduced.
Renumber sections to conform.
Amend title to conform.

Rep. ALTMAN explained the amendment.

Rep. J. E. SMITH 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. 3780 (Word version) -- Reps. Simrill, Haskins, Cato, Clemmons, Davenport, Hamilton, Keegan, Littlejohn, Owens, Sandifer, Sinclair, Vaughn, Viers and Talley: A BILL TO ENACT THE "UNBORN VICTIMS ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTIES IN CONNECTION WITH CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT, FOR PURPOSES OF A CIVIL CAUSE OF ACTION, "PERSON" INCLUDES AN UNBORN CHILD, AND TO FURTHER PROVIDE FOR LIMITATIONS ON THE APPLICABILITY OF THIS SECTION; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF

Rep. COBB-HUNTER 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. 3939 (Word version) -- Reps. Sandifer, Bales, Barfield, Bingham, G. Brown, Cato, Dantzler, Edge, Hamilton, Huggins, Thompson and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM DWELLING UNITS WITHOUT THE USE OF COMMUNITY-WIDE SERVERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE PENALTIES; AND TO PROVIDE THAT WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330, RELATING TO THESE MATTERS ARE REPEALED.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9809SL03):

/ Section 44-55-1310.   As used in this article:

(1)   'Passive soil-based on-site disposal system' means a nongravel, gravity-based, nonmechanical, soil absorption trench used to collect, treat, and discharge, or reclaim wastewater or sewage from a single family dwelling unit, without the use of community-wide sewers or a centralized treatment facility.

(2)   'Department' means the South Carolina Department of Health and Environmental Control. /
Amend the bill further, page 2, by deleting Section 44-55-1320, as contained in SECTION 1, in its entirety and inserting:

/ Section 44-55-1320.   A passive soil-based on-site disposal system is authorized for use for collecting, treating, discharging, or reclaiming wastewater or sewage from a single family dwelling unit if the system complies with the requirements of this chapter and with such ordinances as a county or municipality may establish consistent with this chapter. /
Amend the bill further, beginning on page 3, line 41 through line 19 on page 4, by deleting Section 44-55-1330(3)(b), (c), and (d), as contained in SECTION 1 and inserting:

/ (b)   The total trench area of the system, measured as the area bounded by the outermost limits of the system projected to the trench bottom and reported by a recognized third-party testing company, must be at least two-thirds of that required for a conventional gravel system. The system must not be less than three hundred square feet for soils in all classifications. In addition to the above requirement, the system must provide an open bottom area equal to at least one-half the total bottom area of a conventional gravel system or provide delivery of effluent over the entire projected trench bottom. The system also must have a reserve area at least equal to fifty percent of the size of the installed system.

(c)   The absorption area must comply with all other appropriate separation distances, trench location, trench depth, and contour orientation as prescribed in Regulation 61-56. The permitting procedure for these systems will be the same as conventional systems to include site evaluation and final inspection.

(d)   The entire absorption area must be shown on a set of 'as built' diagrams prepared by the department at the time of final inspection to include information identifying the name of the installer,

Rep. OTT explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. OTT having the floor.

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

The following was received:

Columbia, S.C., May 8, 2003
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at noon today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. W. D. SMITH the invitation was accepted.

The following was received:

Columbia, S.C., May 8, 2003
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Richland County Master-in-Equity
Term Commencing: April 30, 2003
Term Expiring: April 30, 2009
Seat: Master-in-Equity

Very respectfully,
President of the Senate
Received as information.

The following was received:

Columbia, S.C., May 8, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Martin, Rankin and Hayes of the Committee of Conference on the part of the Senate on H. 3361:

H. 3361 (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.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 8, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Moore and Alexander of the Committee of Conference on the part of the Senate on H. 3206:

H. 3206 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Stille, Taylor, Bailey, Delleney, Ceips, Walker, Bales, Mahaffey, G. M. Smith,

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

H. 4173 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 321 IN FAIRFIELD COUNTY THAT BEGINS AT THE INTERSECTION OF UNITED STATES HIGHWAY 321 BUSINESS AND UNITED STATES HIGHWAY 321 BY-PASS ON THE NORTH SIDE OF THE TOWN OF WINNSBORO AND ENDS AT THE FAIRFIELD/CHESTER COUNTY LINE WEBSTER ANDERSON UNITED STATES CONGRESSIONAL MEDAL OF HONOR RECIPIENT HIGHWAY AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "WEBSTER ANDERSON CONGRESSIONAL MEDAL OF HONOR RECIPIENT HIGHWAY".
Ordered for consideration tomorrow.

The following was introduced:

H. 4184 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO MR. JERRY PACE OF BRITTON'S NECK, SOUTH CAROLINA, UPON RECEIVING THE 2003 NATIONAL OUTSTANDING YOUNG FARMER ADVISOR AWARD FROM THE NATIONAL YOUNG FARMER EDUCATIONAL ASSOCIATION.

The Resolution was adopted.

The following was introduced:

H. 4185 (Word version) -- Reps. Govan, Rhoad, Cobb-Hunter and Ott: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE

The Resolution was adopted.

The following was introduced:

H. 4186 (Word version) -- Reps. Sheheen, Clyburn, McLeod, J. E. Smith, G. Brown, Clark, Cobb-Hunter, Coleman, Edge, Emory, Freeman, Gourdine, Harrison, Hayes, Howard, Kennedy, Lourie, Lucas, Merrill, J. M. Neal, Ott, Parks, Rivers, Sinclair, G. M. Smith, Snow and Taylor: A CONCURRENT RESOLUTION TO WELCOME THE BROWN VS. BOARD OF EDUCATION COMMISSION AND ITS STAFF TO SOUTH CAROLINA ON ITS VISIT TO OUR STATE IN JUNE 2003 IN CONNECTION WITH THE CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THIS LANDMARK UNITED STATES SUPREME COURT DECISION.

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

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

H. 4187 (Word version) -- Reps. Chellis, Young, Cotty and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-815 SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2003, THE BOARD OF ECONOMIC ADVISORS ORGANIZATIONALLY SHALL BE A DIVISION OR OFFICE OF THE DEPARTMENT OF REVENUE RATHER THAN A DIVISION OR OFFICE OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE MEMBERSHIP, DUTIES, FUNCTIONS, AND STAFF OF THE BOARD OF ECONOMIC ADVISORS SHALL REMAIN THE SAME.
Referred to Committee on Ways and Means

S. 430 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC HIGHWAYS, SO AS TO UPDATE AND INCREASE THE MEMBERSHIP OF THE SCENIC HIGHWAYS COMMITTEE.
Referred to Committee on Education and Public Works

S. 512 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE A DEFINITION FOR THE PHRASE "RESIDENT OF SOUTH CAROLINA".
Referred to Committee on Education and Public Works

The following was introduced:

H. 4189 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO REMEMBER AND COMMEND THE HEROIC ACTS OF CONGRESSIONAL MEDAL OF HONOR RECIPIENT SERGEANT FIRST CLASS WEBSTER ANDERSON OF FAIRFIELD COUNTY WHO RISKED HIS LIFE ABOVE AND BEYOND THE CALL OF DUTY TO DEFEND HIS COUNTRY IN THE HIGHEST TRADITION OF MILITARY SERVICE.

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

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. OTT having the floor:

H. 3939 (Word version) -- Reps. Sandifer, Bales, Barfield, Bingham, G. Brown, Cato, Dantzler, Edge, Hamilton, Huggins, Thompson and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM DWELLING UNITS WITHOUT THE USE OF COMMUNITY-WIDE SERVERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE PENALTIES; AND TO PROVIDE THAT WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330, RELATING TO THESE MATTERS ARE REPEALED.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9809SL03), which was adopted:
Amend the bill, as and if amended, page 2, by deleting Section 44-55-1310, as contained in SECTION 1 in its entirety and inserting:

/ Section 44-55-1310.   As used in this article:

(1)   'Passive soil-based on-site disposal system' means a nongravel, gravity-based, nonmechanical, soil absorption trench used to collect, treat, and discharge, or reclaim wastewater or sewage from a single family dwelling unit, without the use of community-wide sewers or a centralized treatment facility.

(2)   'Department' means the South Carolina Department of Health and Environmental Control./
Amend the bill further, page 2, by deleting Section 44-55-1320, as contained in SECTION 1, in its entirety and inserting:

/ Section 44-55-1320.   A passive soil-based on-site disposal system is authorized for use for collecting, treating, discharging, or reclaiming wastewater or sewage from a single family dwelling unit if the system complies with the requirements of this chapter and with such ordinances as a county or municipality may establish consistent with this chapter. /
Amend the bill further, beginning on page 3, line 41 through line 19 on page 4, by deleting Section 44-55-1330(3)(b), (c), and (d), as contained in SECTION 1 and inserting:

/ (b)   The total trench area of the system, measured as the area bounded by the outermost limits of the system projected to the trench bottom and reported by a recognized third-party testing company, must be at least two-thirds of that required for a conventional gravel system. The system must not be less than three hundred square feet for soils in all classifications. In addition to the above requirement, the system must provide an open bottom area equal to at least one-half the total bottom area of a conventional gravel system or provide delivery of effluent over the entire projected trench bottom. The system also must have a reserve area at least equal to fifty percent of the size of the installed system.

(c)   The absorption area must comply with all other appropriate separation distances, trench location, trench depth, and contour orientation as prescribed in Regulation 61-56. The permitting procedure for these systems will be the same as conventional systems to include site evaluation and final inspection.

(d)   The entire absorption area must be shown on a set of 'as built' diagrams prepared by the department at the time of final inspection to include information identifying the name of the installer, the name of the product manufacturer, and the type or model number of the installed product. /
Amend title to conform.

The amendment was then adopted.

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

On motion of Rep. OTT, with unanimous consent, it was ordered that H. 3939 (Word version) be read the third time tomorrow.

The following Joint Resolution was taken up:

H. 4169 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. OTT explained the Joint Resolution.

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 Bill was taken up:

S. 525 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND ARTICLE 1 OF CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS, SO AS TO REVISE, DELETE, AND ADD CERTAIN DEFINITIONS, REVISE PROVISIONS RELATING TO ADVERTISING AND CONVEYANCE OF VACATION TIME SHARING PLANS SO AS TO DELETE CERTAIN LICENSE REQUIREMENTS FOR SELLERS AND TO EXEMPT CERTAIN COMMUNICATIONS FROM ADVERTISEMENT AND PROMOTION RESTRICTIONS, REVISE THE TERMS OF THE NOTICE OF THE RIGHT TO CANCELLATION REQUIREMENTS

Rep. SIMRILL 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.

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs and was referred to the Committee on Judiciary:

On motion of Rep. ALTMAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

H. 4188 (Word version) -- Reps. Limehouse, Altman, Breeland, R. Brown, Chellis, Hagood, Harrell, Mack, Merrill, Miller, Scarborough, Whipper and Young: A BILL TO PROVIDE THAT EFFECTIVE JULY 1, 2003, DISTRIBUTIONS DUE CHARLESTON COUNTY FROM THE LOCAL GOVERNMENT FUND ($14,120,593 FOR FISCAL YEAR 2002-2003) PURSUANT TO THE STATE AID TO SUBDIVISIONS ACT ARE INSTEAD DISTRIBUTED TO THE SCHOOL DISTRICT OF CHARLESTON COUNTY WHICH MUST USE THESE FUNDS TO ROLLBACK PROPERTY TAXES FOR SCHOOLS.

Rep. WITHERSPOON asked unanimous consent to recall S. 487 (Word version) from the Committee on Ways and Means.
Rep. MERRILL objected.

On motion of Rep. JENNINGS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:

S. 626 (Word version) -- Senators Fair, Ryberg and Thomas: A JOINT RESOLUTION TO ESTABLISH A JOINT CORRECTIONS AND PENOLOGY STUDY COMMITTEE TO STUDY SOUTH CAROLINA'S STATUTORY IMPEDIMENTS TO PROVIDING NECESSARY AND DESIRABLE FLEXIBILITY FOR THE

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

H. 3903 (Word version) -- Reps. Limehouse, Rutherford, Vaughn, Whipper, Scott, J. Brown, Cato, Hagood, Haskins, Leach, Sheheen, J. E. Smith, J. R. Smith, W. D. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.

The following Bill was taken up:

H. 3563 (Word version) -- Rep. Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-1-100 SO AS TO PROVIDE THAT A STRAW THAT IS DISTRIBUTED IN A RESTAURANT OR ANOTHER PUBLIC PLACE MUST BE COVERED IN A WRAPPER.

The question then recurred to the passage of the Bill on third reading.

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

Allen                  Anthony                Bailey
Bales                  Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Ceips                  Clyburn
Cobb-Hunter            Coleman                Emory
Govan                  J. Hines               Howard
Jennings               Kennedy                Lee
Lourie                 Mack                   Mahaffey
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  E. H. Pitts
Rutherford             Scott                  F. N. Smith
J. E. Smith            Snow                   Toole
Tripp                  Umphlett               Weeks
Whipper

Those who voted in the negative are:

Altman                 Barfield               Battle
Bingham                Cato                   Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Davenport
Duncan                 Freeman                Hagood
Harrell                Haskins                Herbkersman
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  McCraw
McGee                  Merrill                Owens
Perry                  Phillips               Pinson
M. A. Pitts            Rice                   Sandifer
Scarborough            Sheheen                Simrill
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Townsend               Viers                  White
Whitmire               Wilkins                Witherspoon
Young

The following Concurrent Resolution was taken up:

H. 3914 (Word version) -- Reps. Vaughn, Allen, Battle, Branham, Cato, Clyburn, Cooper, Gilham, Hamilton, Haskins, Herbkersman, J. Hines, Keegan, Leach, Littlejohn, Loftis, Mahaffey, Moody-Lawrence, Owens, Rice, Richardson, Sinclair, F. N. Smith, J. R. Smith, Taylor, Tripp, Wilkins and Young: A CONCURRENT RESOLUTION TO SUPPORT ACTIVITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN THE ESTABLISHMENT AND IMPLEMENTATION OF THE STATE'S EARLY ACTION APPROACH FOR COMPLYING WITH THE NEW OZONE STANDARD MANDATED BY THE FEDERAL GOVERNMENT THROUGH THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY; TO ESTABLISH DATES AND MILESTONES FOR PLAN IMPLEMENTATION; AND TO PROVIDE FOR THE ESTABLISHMENT OF AN INTERGOVERNMENTAL WORKGROUP FOR THE PURPOSE OF PROMOTING BEHAVIORS AND POLICIES TO REDUCE AIR POLLUTION THROUGHOUT THE STATE OF SOUTH CAROLINA.

Whereas, air quality has an impact on the health, environment, economy, and quality of life of the citizens of South Carolina; and

Whereas, ground-level ozone is a contributing factor to asthma attacks and approximately 204,000 adults and 77,000 children suffer annually from asthma in South Carolina; and

Whereas, ground-level ozone reduces all species of agricultural yields, increases plant vulnerability to disease, pests, harsh weather, and other environmental stresses; and

Whereas, ground-level ozone can be a limiting factor for new and expanding industry due to strict permitting requirements, which results in losses of capital investment and lost jobs and may dramatically effect the tourism industry in South Carolina; and

Whereas, in 1997, EPA promulgated an 8-hour ozone standard to replace the 1-hour ozone standard in an effort to be more protective of

Whereas, after the litigated issues since being resolved, EPA is ready to implement the new standard by a date no later than April 2004; and

Whereas, areas deemed by EPA as not attaining the standard will be, at a minimum, required to follow federal prescriptive programs such as non-attainment "New Source Review" which affects industrial permitting; and ''Transportation Conformity" which could severely restrict federal fund expenditures for road and other transportation projects; and

Whereas, the EPA has provided an option for areas like those in South Carolina to obtain cleaner air sooner than federally mandated and avoid the federal prescriptive measures by requiring an expeditious time line for achieving emissions reductions sooner than expected under the 8-hour ozone implementation rulemaking, and by providing "fail-safe" provisions for the areas to revert to the traditional State Implementation Plan (SIP) process if specific milestones are not met; and

Whereas, on August 23, 2002, DHEC published in the State Register a Notice of Drafting regarding the development and implementation of such an early action SIP, then held six public meetings throughout the State during the month of October 2002, which included the general public, industry representatives, environmental interest groups, federal, state, and local government each of which has been and will continue to be involved in the planning process; and

Whereas, as of December 31, 2002, forty-five counties, DHEC, and EPA have agreed to participate in the "Early Action Plan". Now, therefore,

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

(A)   That the General Assembly declares that is the policy of the State of South Carolina that the Department of Health and Environmental Control implement to its fullest extent, Ozone Early Action Compacts, to include the local county governments, DHEC and

(B)   The General Assembly recognizes that, by signing the compacts, EPA is agreeing to not require participating areas to implement the federal measures previously mentioned. The key dates for this approach are to have an early action SIP to EPA by December 2004, necessary control measures in place by April 2005, and measured ozone values that comply with the standard by December 31, 2007. If this is accomplished, the areas should be re-designated as attainment and no additional requirements should be imposed. However, areas that enter into the compact but do not meet all of the terms of the compact should forfeit participation and be subjected to any federal requirements for their area.

(C)   The General Assembly finds that it is critical that South Carolina demonstrate a leadership role for both the public and private sectors in developing and implementing proactive and innovative approaches to reduce emissions of ozone-forming air pollutants that will serve as a key component in the early actions State Implementation Plan.

In order to provide the necessary leadership and to reduce the number of days when ozone levels are high thus reducing the health and environmental risks, the Department of Health and Environmental Control is encouraged to establish and implement innovative approaches to reduce ozone-forming air pollutants. These include but are not limited to:

(1)   the creation and coordination of voluntary work groups of citizens, industry, and all governmental entities;

(2)   the provision of educational opportunities such as workshops, printed material, and technical assistance aimed at reducing levels of ozone forming air pollutants; and

(3)   the development of tools to be used by governmental entities as a reporting mechanism for initiatives implemented by the respective agency. The tools may include at a minimum, a listing of initiatives adopted/implemented by governmental entities to reduce emissions of ozone forming air pollutants. The information will be compiled by the department or an established work group and used as a

Be it further resolved that a copy of this resolution be forwarded to the Governor, Department of Health and Environmental Control, Environmental Protection Agency, and the associations representing counties and municipalities in the State.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9806SL03), which was adopted:
Amend the concurrent resolution, as and if amended, pages 2 and 3, by deleting paragraph (A), beginning on line 40, and inserting the following:
/ (A)   That the General Assembly declares that it is the policy of the State of South Carolina that the Department of Health and Environmental Control encourage voluntary compliance with Ozone Early Action Compacts, to include the local county governments, DHEC, and the EPA as signatory parties, agreeing to work together to develop and implement local and state early action plans while actively involving the other stakeholders. /
Amend title to conform.

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

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

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

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, May 13, which was adopted:

H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, Neilson, Parks, M. A. Pitts, Altman, Toole, Umphlett and Walker: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE

The following Bill was taken up:

H. 3378 (Word version) -- Reps. Kirsh, F. N. Smith and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-15 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AS PROVIDED BY LAW SHALL BE DEVOLVED UPON THE STATE SUPERINTENDENT OF EDUCATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9799SD03):
Amend the bill, as and if amended, by deleting Section 59-5-15 of the 1976 Code, as contained in SECTION 1, and inserting:
/ "Section 59-5-15.   Notwithstanding any other provision of law, beginning July 1, 2003, the powers and duties of the State Board of Education as provided by law shall be devolved upon the State Superintendent of Education. However, the powers and duties relating to charter school appeals and other appeals currently heard by the State Board of Education shall be devolved upon the Administrative Law Judge Division. Additionally, the Administrative Law Judge Division is granted jurisdiction to hear and determine matters relating to teacher certification suspension and revocation." /
Amend title to conform.

Rep. WALKER explained the amendment.

Rep. OTT moved to adjourn debate on the Bill until Tuesday, May 13, which was agreed to.

The following Bill was taken up:

H. 3686 (Word version) -- Reps. Walker and Taylor: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, CODE OF LAWS OF SOUTH

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5432CM03):
Amend the bill, as and if amended, Section 56-19-48(B), as contained in SECTION 1, page 1, by inserting after the / . / on line 40
/ The insurance company must pay the title fee contained in Section 56-19-420. /
When amended Section 56-19-480(B) shall read:
/SECTION   1.   Section 56-19-480(B) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(B)   If a vehicle is acquired by an insurance company in settlement of a claim to the vehicle by fire, flood, collision, or other causes, or is left with the claimant after being declared a total loss by the insurance company, the company or its agent immediately shall deliver to the department the certificate of title together with a report indicating the type and severity of damage to the vehicle. At such time as the insurance company may thereafter transfer the damaged vehicle, the company or its agent shall notify the department to whom the transfer was made on a form prescribed by the department. Notwithstanding another provision of law, when an insurance company obtains title to a vehicle from settling a total loss claim, the insurance company may obtain a title to the vehicle designated as 'salvage'. The insurance company must pay the title fee contained in Section 56-19-420." /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.

Rep. SCOTT moved to adjourn debate on the Bill until Tuesday, May 13, which was agreed to.

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

On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 228 (Word version) be read the third time tomorrow.

Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 3071 (Word version) from the Committee on Judiciary.
Rep. SIMRILL objected.

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

At 12:00 noon the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R65, S. 203 (Word version))--Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson, Pinckney and Kuhn: AN ACT TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77 SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH SPECIFIED PRIVATE COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY, AND SOCIALLY DISADVANTAGED STUDENTS.

(R66, S. 224) -- Senator Hutto: AN ACT TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE TERM "YOUTHFUL OFFENDER" INCLUDES A

(R67, S. 360 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TITLE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED.

(R68, S. 419 (Word version)) -- Senators J. V. Smith, Fair, Hutto, McConnell, Moore, Rankin and Richardson: AN ACT TO AMEND SECTION 44-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE EXEMPTION FOR OFFICES OF LICENSED PRIVATE PRACTITIONERS AND REQUIRE THAT A LICENSED PRIVATE PRACTITIONER OBTAIN A CERTIFICATE OF NEED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE UNDERTAKING CONSTRUCTION OR ESTABLISHMENT OF A NEW HEALTH CARE FACILITY OR ACQUIRING CERTAIN MEDICAL EQUIPMENT USED FOR DIAGNOSIS OR TREATMENT.

(R69, S. 447 (Word version)) -- Senators J. V. Smith, Alexander, Reese and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE

(R70, S. 463 (Word version)) -- Senators Leatherman and Patterson: AN ACT TO CONFIRM THE OWNERSHIP BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS OF REAL PROPERTY DESCRIBED IN ACT 1645 OF 1972, TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO DEED THE PROPERTY TO THE DEPARTMENT, AND TO ALLOW THE DEPARTMENT TO RETAIN THE PROCEEDS OF ANY SALE OF THE PROPERTY.

(R71, S. 479 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY TRAINING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2730, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R72, S. 497 (Word version)) -- Senators Hayes, Peeler and Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN THE COUNTY TO AN AMOUNT NOT LESS THAN FOUR PERCENT OF THE FAIR MARKET VALUE OF THE AIRCRAFT.

(R73, S. 552 (Word version)) -- Senator J. V. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2003 AND 2004, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-SIX DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS.

(R74, S. 564 (Word version)) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE

(R75, S. 648 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 2825, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R76, H. 3218 (Word version)) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.

(R77, H. 3233 (Word version)) -- Reps. Talley, Altman, Walker and Clemmons: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

(R78, H. 3303 (Word version)) -- Reps. Duncan, M.A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: AN ACT TO AMEND SECTION 50-11-310(E), AS AMENDED, OF THE 1976 CODE, RELATING TO AREAS OF THE STATE WHERE IT IS NOT UNLAWFUL TO HUNT DEER ON SUNDAY, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL IN THIS STATE TO HUNT DEER ON SUNDAY ON PRIVATE LAND.

(R79, H. 3613 (Word version)) -- Reps. Duncan, Coates, M.A. Pitts and Witherspoon: AN ACT TO AMEND SECTION 50-11-2570, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO TAKE OR CAPTURE

(R80, H. 3722 (Word version)) -- Reps. Jennings, Bales and Limehouse: AN ACT TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VISUAL IMAGES, VIDEOS, AND AUDIO RECORDINGS OF OR RELATED TO AN AUTOPSY MAY BE VIEWED, OR DISSEMINATED AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REVISE CIRCUMSTANCES IN WHICH PHOTOGRAPHS AND VIDEOS OF AND RELATED TO THE PERFORMANCE OF AN AUTOPSY MAY BE VIEWED, AND TO PROVIDE THE CIRCUMSTANCES IN WHICH CERTAIN VISUAL IMAGES AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED AND USED.

(R81, H. 3743 (Word version)) -- Rep. Anthony: AN ACT TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE UNION COUNTY BOARD OF TRUSTEES ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.

(R82, H. 3837 (Word version)) -- Rep. Hayes: AN ACT TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT MEMBERS MAY BE

(R83, H. 3902 (Word version)) -- Reps. Witherspoon, Duncan, M.A. Pitts, Taylor and Umphlett: AN ACT TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER" TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS, UNITED STATES DEPARTMENT OF INTERIOR FISH AND WILDLIFE SPECIAL AGENTS, AND UNITED STATES NATIONAL MARINE FISHERIES SPECIAL AGENTS.

(R84, H. 3906 (Word version)) -- Rep. Keegan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

(R85, H. 3927 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R86, H. 3933 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO WITCHWEED QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2814, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R87, H. 3934 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE

Rep. HOWARD moved to reconsider the vote whereby H. 3563 (Word version) was rejected on third reading and the motion was noted.

At 12:15 p.m. the House, in accordance with the motion of Rep. TRIPP, adjourned in memory of Gertrude White of Piedmont, to meet at 10:00 a.m. tomorrow.

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