South Carolina House Journal - May 28, 2003 - South Carolina Legislature Online

South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives

Printed Page 3903 . . . . . Wednesday, May 28, 2003

Wednesday, May 28, 2003
(Statewide Session)

~~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 129:1: "O Lord, You have searched me and You know me."
Let us pray. Dear God, thank You for Your glorious light which shines on this body. Help us in our attempt to be what You expect us to be. May the light of Your countenance encourage these women and men to do what is best for the common good of all in the State. Bless our leaders, the President, and all who work for peace and justice and prosperity. Keep our troops in harms' way in Your care. Hear us Gracious 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.

MOTION ADOPTED

Rep. WALKER moved that when the House adjourns, it adjourn in memory of Guy R. Davenport, Sr., father of Representative Davenport, which was agreed to.

COMMUNICATION

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE SECRETARY OF STATE

May 27, 2003
House of Representatives
Ms. Sandra K. McKinney
Clerk of the House
P.O. Box 11867

Printed Page 3904 . . . . . Wednesday, May 28, 2003

Columbia, S.C. 29211
Dear Ms. McKinney:

The State Election Commission has certified to this office that the Honorable Garry Smith, received the greatest number of votes cast for the House of Representatives, House District #27, in a special election held in Greenville County on May 20, 2003.

Honorable Garry Smith is hereby certified as the duly and properly elected member of the House of Representatives, House District #27.

Sincerely,
Mark Hammond
Secretary of State
Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 3819 (Word version) -- Reps. Delleney, Haskins, Altman, G. Brown, Duncan, Emory, Frye, Hamilton, Keegan, Kirsh, Koon, Loftis, J. M. Neal, Pinson, E. H. Pitts, M. A. Pitts, Talley, Taylor, Toole, Vaughn, Viers and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO ENACT THE "PROHIBITION OF HUMAN CLONING ACT" TO MAKE IT UNLAWFUL FOR A PERSON TO PERFORM OR PARTICIPATE IN HUMAN CLONING, TO DERIVE ANY PRODUCT FROM HUMAN CLONING, OR TO SHIP, RECEIVE, TRANSPORT, TRANSFER, OR DISTRIBUTE IN INTERSTATE COMMERCE AN EMBRYO DERIVED FROM HUMAN CLONING, TO DEFINE CLONING, TO PROVIDE CRIMINAL PENALTIES, AND TO PROVIDE FOR SUSPENSION OF THE PROFESSIONAL LICENSE OF A PERSON VIOLATING THIS ACT.
Ordered for consideration tomorrow.

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

H. 3490 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer,

Printed Page 3905 . . . . . Wednesday, May 28, 2003

Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE THE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING DELETING THE PROVISION THAT ON-PREMISES ESTABLISHMENTS ARE LICENSED TO SELL ALCOHOLIC LIQUORS AND BEVERAGES ONLY IN SEALED CONTAINERS OF TWO OUNCES OR LESS, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THE SALE OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING PROVISIONS CONCERNING THE RIGHT TO SELL ALCOHOLIC LIQUORS AND BEVERAGES IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Ordered for consideration tomorrow.

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

S. 500 (Word version) -- Senators McConnell, Ford and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495, SO AS TO DEFINE CHILDREN'S ADVOCACY CENTER AND TO PROVIDE THAT CHILDREN'S ADVOCACY CENTER RECORDS ARE CONFIDENTIAL.
Ordered for consideration tomorrow.

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

S. 407 (Word version) -- Senators Richardson, Hutto and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND

Printed Page 3906 . . . . . Wednesday, May 28, 2003

DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
Ordered for consideration tomorrow.

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

H. 4166 (Word version) -- Reps. Harrell, Bowers and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-10-110 SO AS TO AUTHORIZE A CORPORATION, BY AMENDMENT OF ITS ARTICLES OF INCORPORATION, TO CONVERT TO A NONPROFIT PUBLIC BENEFIT CORPORATION OR A NONPROFIT MUTUAL BENEFIT CORPORATION, TO PROVIDE FOR THE EFFECTIVE DATE OF THE CONVERSION, THE REQUIREMENTS FOR THE AMENDMENTS TO THE ARTICLES, AND THE VOTING REQUIREMENT FOR ANY SHAREHOLDERS; AND TO AMEND SECTION 33-31-401, RELATING TO THE NAME OF A NONPROFIT CORPORATION, SO AS TO PROVIDE THAT A CORPORATION THAT CONVERTS TO NONPROFIT MAY CONTINUE TO USE ITS ORIGINAL NAME.
Ordered for consideration tomorrow.

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

S. 305 (Word version) -- Senators Leatherman and Drummond: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROHIBITIONS ON THE STATE AND ITS POLITICAL SUBDIVISIONS PLEDGING THEIR CREDIT TO PRIVATE INTERESTS AND THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS HAVING A JOINT OWNER OR STOCKHOLDER IN A COMPANY, ASSOCIATION, OR CORPORATION AND THE EXCEPTIONS TO THESE PROHIBITIONS, SO AS TO ALLOW A SEPARATE PENSION PLAN OPERATED FOR FIREFIGHTERS BY A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT TO INVEST ITS FUNDS IN EQUITY SECURITIES TRADED ON A NATIONAL SECURITIES EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR

Printed Page 3907 . . . . . Wednesday, May 28, 2003

QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM OR SIMILAR SERVICE.
Ordered for consideration tomorrow.

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

S. 593 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 6-11-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPECIAL PURPOSE DISTRICTS RESULTING IN OVERLAP, SO AS TO PROVIDE THAT, IF THE BOUNDARIES OF A SPECIAL PURPOSE DISTRICT PROVIDING WATERWORKS OR SEWER SERVICE ARE DIMINISHED, THE SPECIAL PURPOSE DISTRICT MAY CONTINUE TO PROVIDE WATER OR SEWER SERVICES OUTSIDE OF ITS DIMINISHED BOUNDARIES PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT WITH ONE OR MORE POLITICAL SUBDIVISIONS AUTHORIZED TO PROVIDE THE WATER OR SEWER SERVICE DIRECTLY, AND TO FURTHER PROVIDE THAT THIS CONTINUATION OF WATER OR SEWER SERVICE MUST BE APPROVED BY THE COUNTY BOARD BY RESOLUTION.
Ordered for consideration tomorrow.

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

S. 433 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 15 SO AS TO ENACT THE SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE DWELLING CONSTRUCTION DEFECTS ACT TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A RESIDENTIAL DWELLING, TO REQUIRE A CLAIMANT TO COMPLY WITH THESE PROCEDURES BEFORE COMMENCING LITIGATION FOR A CONSTRUCTION DEFECT, AND TO PROHIBIT A PERSON FROM PROVIDING ANYTHING OF MONETARY VALUE TO A PROPERTY MANAGER OR A

Printed Page 3908 . . . . . Wednesday, May 28, 2003

MEMBER OR OFFICER OF AN EXECUTIVE BOARD OF A HOMEOWNER'S ASSOCIATION TO INDUCE THE INDIVIDUAL TO ENCOURAGE OR DISCOURAGE THE ASSOCIATION TO FILE A CLAIM FOR CONSTRUCTION DEFECTS AND TO PROVIDE PENALTIES FOR SUCH VIOLATION.

RULE 5.12 WAIVED

Rep. HARRISON moved to waive Rule 5.12, which was agreed to by a division vote of 29 to 0.

Ordered for consideration tomorrow.

Rep. ANTHONY, from the Union Delegation, submitted a favorable report on:

H. 3515 (Word version) -- Rep. Anthony: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF UNION COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Ordered for consideration tomorrow.

Rep. PINSON, from the Greenwood Delegation, submitted a favorable report on:

H. 3465 (Word version) -- Reps. Pinson, Parks, M. A. Pitts, Duncan, Taylor and Anthony: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICTS NO. 50 AND 52 IN GREENWOOD COUNTY, SCHOOL DISTRICT NO. 51 IN GREENWOOD AND LAURENS COUNTIES, AND SCHOOL DISTRICTS NO. 55 AND 56 IN LAURENS COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Ordered for consideration tomorrow.

Printed Page 3909 . . . . . Wednesday, May 28, 2003

Rep. SANDIFER, from the Oconee Delegation, submitted a favorable report on:

H. 3523 (Word version) -- Rep. Whitmire: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF OCONEE COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4302 (Word version) -- Rep. Coates: A HOUSE RESOLUTION TO CONGRATULATE THE FRANCIS MARION UNIVERSITY MEN'S GOLF TEAM ON WINNING THE 2003 NCAA DIVISION II MEN'S GOLF NATIONAL CHAMPIONSHIP TOURNAMENT HELD AT THE CROSSWATER GOLF CLUB IN SUNRIVER, OREGON.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4303 (Word version) -- Rep. Coates: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FRANCIS MARION UNIVERSITY MEN'S GOLF TEAM, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF CONGRATULATING THE TEAM ON WINNING THE 2003 NCAA DIVISION II MEN'S GOLF NATIONAL CHAMPIONSHIP TOURNAMENT.

Be it resolved by the House of Representatives:

Printed Page 3910 . . . . . Wednesday, May 28, 2003

That the members of the House of Representatives extend the privilege of the floor to the Francis Marion University Men's Golf Team, coaches, staff, and other school officials, at a date and time to be determined by the Speaker for the purpose of congratulating the team on winning the 2003 NCAA Division II Men's Golf National Championship Tournament.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4304 (Word version) -- Reps. Wilkins, 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, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE CHRIST CHURCH EPISCOPAL SCHOOL BOYS VARSITY GOLF TEAM AND THE TEAM'S COACH, R. J. BEACH, OF GREENVILLE, FOR THEIR DETERMINATION AND HARD WORK THROUGHOUT THEIR OUTSTANDING SEASON AND FOR WINNING THE 2003 CLASS A STATE GOLF CHAMPIONSHIP.

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

Printed Page 3911 . . . . . Wednesday, May 28, 2003

CONCURRENT RESOLUTION

The following was introduced:

H. 4305 (Word version) -- Reps. Wilkins, 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, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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, Witherspoon and Young: A CONCURRENT RESOLUTION CONGRATULATING THE CHRIST CHURCH EPISCOPAL SCHOOL GIRLS TENNIS TEAM AND HEAD COACH SALLY SHURTZ ON WINNING THE 2002 A-AA STATE CHAMPIONSHIP TITLE.

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

CONCURRENT RESOLUTION

The following was introduced:

Printed Page 3912 . . . . . Wednesday, May 28, 2003

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, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHRIST CHURCH EPISCOPAL SCHOOL BOYS TENNIS TEAM AND THE TEAM'S COACH, SALLY SHURTZ, ON THEIR OUTSTANDING DETERMINATION AND HARD WORK THROUGH OUT THEIR SEASON AND ON CAPTURING THE 2003 CLASS AA-A BOYS TENNIS STATE CHAMPIONSHIP TITLE ON SATURDAY, MAY 10, 2003.

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

CONCURRENT RESOLUTION

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

H. 4307 (Word version) -- Rep. Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANT WORK THAT LOCKSMITHS IN SOUTH CAROLINA PERFORM AND TO DECLARE THE FIRST MONDAY OF OCTOBER OF EACH YEAR AS "PROFESSIONAL LOCKSMITH'S DAY" TO BE PART OF THE CELEBRATION OF NATIONAL CRIME PREVENTION MONTH.

Whereas, no citizen truly appreciates the work that a locksmith does until he or she needs one; and

Whereas, professional locksmiths are available twenty-four hours a day, seven days a week to assist people in need; and

Whereas, the work of professional locksmiths plays a major role in the prevention of crime as well as helping to secure homes and automobiles as well as the individuals who live in or use them; and

Printed Page 3913 . . . . . Wednesday, May 28, 2003

Whereas, the members of the General Assembly, by this resolution, would like to recognize and honor these fine professionals for the important work they do. Now, therefore,

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

That the members of the General Assembly recognize the important work that locksmiths in South Carolina perform and declare the first Monday of October of each year as "Professional Locksmith's Day" to be part of the celebration of National Crime Prevention Month.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Locksmith Association, Inc.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4308 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS, MINISTERS, STAFF, AND FRIENDS OF THE FIRST BAPTIST CHURCH OF LANDRUM ON THE OCCASION OF THE CELEBRATION OF ITS TWO HUNDREDTH ANNIVERSARY THIS YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

Printed Page 3914 . . . . . Wednesday, May 28, 2003

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, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF GENERAL ASSEMBLY TO R. GLENN HILLIARD ON THE OCCASION OF HIS RETIREMENT AS CHAIRMAN AND CEO OF ING AMERICAS, FOR HIS MANY ACCOMPLISHMENTS AND FOR HIS YEARS OF SERVICE TO THE GREAT STATE OF SOUTH CAROLINA, AND TO WISH FOR HIM YEARS OF HEALTH AND HAPPINESS IN FUTURE ENDEAVORS.

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

INTRODUCTION OF BILLS

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

H. 4310 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
Referred to Committee on Ways and Means

H. 4311 (Word version) -- Reps. McLeod and J. R. Smith: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO REQUIRE THE NAME OF THE COUNTY IN WHICH A VEHICLE IS REGISTERED AND PROPERTY TAXES ARE PAID TO BE PLACED ON LICENSE PLATES.
Referred to Committee on Education and Public Works

Printed Page 3915 . . . . . Wednesday, May 28, 2003

S. 716 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND OF THE COUNTY BOARD OF EDUCATION AND THE POWERS AND DUTIES OF THESE BOARDS, SO AS TO AUTHORIZE THE COUNTY BOARD OF EDUCATION TO MEET MORE FREQUENTLY THAN QUARTERLY AND FOR EACH BOARD MEMBER TO RECEIVE COMPENSATION FOR ALL BOARD MEETINGS ATTENDED DURING A FISCAL YEAR, NOT TO EXCEED A TOTAL OF EIGHT HUNDRED DOLLARS; TO PROVIDE THAT THE ANNUAL OPERATING BUDGET OF THE COUNTY BOARD OF EDUCATION MAY NOT EXCEED THE DOLLAR VALUE OF ONE-TENTH MILL; TO REQUIRE THAT FUNDS REMAINING ON THIS ACT'S EFFECTIVE DATE UNDER THE CONTROL OR USE OF THE COUNTY BOARD OF EDUCATION FOR OPERATIONS BE DISTRIBUTED AMONG THE THREE CONSOLIDATED SCHOOL DISTRICTS IN ACCORDANCE WITH THE AVERAGE DAILY MEMBERSHIP FORMULA; AND TO AUTHORIZE THE BOARD TO RETAIN TEN THOUSAND DOLLARS FOR OPERATIONS; TO REVISE THE FORMULA EQUALIZING WEALTH PER STUDENT AMONG THE DISTRICTS BY USING FIVE MILLS RATHER THAN TWENTY-FIVE MILLS AS THE MULTIPLIER IN THIS FORMULA, AND TO REVISE AN ADJUSTMENT IF THE REMIT IS ZERO OR LESS; AND TO DELETE OUTDATED PROVISIONS RELATING TO INITIAL ELECTION OF MEMBERS TO THE CONSOLIDATED SCHOOL DISTRICTS.
Referred to Orangeburg Delegation

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cobb-Hunter

Printed Page 3916 . . . . . Wednesday, May 28, 2003

Coleman                Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Hamilton               Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mahaffey
McCraw                 McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Scott                  Sheheen                Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. 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                  White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 28.

Seth Whipper                      William Clyburn
Jerry Govan                       David Mack
Fletcher Smith                    Todd Rutherford
Ralph Davenport                   Joseph Neal

Printed Page 3917 . . . . . Wednesday, May 28, 2003

Benjamin A. Hagood                Becky Martin
Robert Harrell

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. HAGOOD a temporary leave of absence.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARRELL a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Marc D. New of North Charleston is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. CHELLIS presented to the House the Summerville High School Boys Baseball Team, the 2003 Class AAAA State Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. FRYE presented to the House the W. Wyman King Academy "Lady Knights" Basketball Team, the 2003 Class A State Champions, their coach and other school officials.

SPECIAL PRESENTATION

Reps. BAILEY, CHELLIS, HARRELL and YOUNG presented to the House the Dorchester Academy "Raiders" Boys Baseball Team, 2003 South Carolina Independent Schools Association Class AAA, Region III State Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. COATES presented to the House the Francis Marion University Mens Golf Team, the 2003 NCAA Division II Champions, and their coach.

SPEAKER PRO TEMPORE IN CHAIR

Printed Page 3918 . . . . . Wednesday, May 28, 2003

SPECIAL PRESENTATION

Rep. WILKINS presented to the House the Christ Church Episcopal School SAT Competition Team, the 2003 Class A State Champions, their coach and other school officials.

SPECIAL PRESENTATION

Rep. WILKINS presented to the House the Christ Church Episcopal School Boys Soccer Team, the 2003 Class A State Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. WILKINS presented to the House the Christ Church Episcopal School Girls Tennis Team, the 2002 A-AA State Girls Tennis Champions, their coach and other school officials.

SPECIAL PRESENTATION

Rep. WILKINS presented to the House the Christ Church Episcopal School Boys Tennis Team, the 2003 Class AA-A State Champions, their coach and other school officials.

SPECIAL PRESENTATION

Rep. WILKINS presented to the House the Christ Church Episcopal School Boys Varsity Golf Team, the 2003 Class A State Champions, their coach and other school officials.

SPEAKER IN CHAIR

CO-SPONSORS ADDED

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

Printed Page 3919 . . . . . Wednesday, May 28, 2003

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."

CO-SPONSOR ADDED

Bill Number: H. 3254 (Word version)
Date: ADD:
05/28/03 COATES

CO-SPONSOR ADDED

Bill Number: H. 4145 (Word version)
Date: ADD:
05/28/03 VIERS

SENT TO THE SENATE

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

H. 4269 (Word version) -- Reps. Cobb-Hunter, Ott and Rhoad: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS THREE, FOUR, AND FIVE MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

H. 4270 (Word version) -- Reps. Branham, McGee, Coates, M. Hines and J. Hines: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE FLORENCE COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, AND 5 OF FLORENCE COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

Printed Page 3920 . . . . . Wednesday, May 28, 2003

H. 4277 (Word version) -- Rep. Miller: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

H. 4075 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTIONS 38-90-10, 38-90-20, 38-90-40, 38-90-50, 38-90-60, 38-90-140, ALL AS AMENDED, AND SECTION 38-90-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO, AMONG OTHER THINGS, AUTHORIZE CAPTIVE INSURANCE COMPANIES TO FORM AS LIMITED LIABILITY COMPANIES; TO IMPOSE A FEE FOR THE USE OF INTERNAL RESOURCES TO EXAMINE AND INVESTIGATE APPLICATIONS FOR LICENSURE; TO INCREASE THE ANNUAL RENEWAL LICENSE FEE; TO ADD A FEE TO RECOVER REASONABLE COSTS OF PROCESSING CERTIFICATIONS; AND TO LIMIT PREMIUM TAXES TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR DIRECT PREMIUM AND ASSUMED REINSURANCE PREMIUMS.

H. 4018 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" AND "PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; AND TO ADD SECTIONS 42-1-330 AND 42-1-340 SO AS AUTHORIZE A PROFESSIONAL SPORTS TEAM PLAYER TO EXEMPT HIMSELF FROM THE WORKERS' COMPENSATION LAW UPON GIVING PROPER NOTICE AND TO PROVIDE FOR THE FORM AND THE MANNER IN WHICH THE NOTICE MUST BE GIVEN.

H. 4250 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2820,

Printed Page 3921 . . . . . Wednesday, May 28, 2003

PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M. A. Pitts, Scarborough, F. N. Smith, J. E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter, Umphlett, Snow, Frye and Koon: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH

Printed Page 3922 . . . . . Wednesday, May 28, 2003

CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.

H. 4268 (Word version) -- Rep. Duncan: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN LAURENS COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

ORDERED TO THIRD READING

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

H. 3370 (Word version) -- Reps. J. M. Neal and Emory: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF LANCASTER COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL

Printed Page 3923 . . . . . Wednesday, May 28, 2003

REQUIREMENTS OF SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM.

H. 4285 (Word version) -- Reps. Battle and M. Hines: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICTS OF MARION COUNTY MUST BE SET BY THE COUNTY SCHOOL BOARD IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

H. 4292 (Word version) -- Rep. Hayes: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICTS 1, 2, AND 3 OF DILLON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

H. 3403 (Word version) -- Reps. Delleney, Coleman and McCraw: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF CHESTER COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OR GOVERNING BODY OF THAT DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

S. 710 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO INCREASE THE HORSEPOWER OF AN ENGINE FROM FIFTEEN HORSEPOWER TO THIRTY HORSEPOWER AND TO ESTABLISH A MAXIMUM LENGTH FOR WATERCRAFT OF TWENTY-FIVE FEET AND TO INCREASE THE LENGTH FOR PONTOON BOATS TO TWENTY-FIVE FEET; TO PROHIBIT ON LAKE BLALOCK THE

Printed Page 3924 . . . . . Wednesday, May 28, 2003

OPERATION OF PERSONAL WATERCRAFT, OPERATION OF WATERCRAFT AFTER MIDNIGHT OR IN VIOLATION OF COAST GUARD REGULATIONS, AND OPERATION OF WATERCRAFT NEAR PUMP STATIONS AND PIERS; TO LIMIT THE HEIGHT OF SAILBOAT MASTS; TO PROHIBIT SWIMMING IN CERTAIN AREAS; AND TO AUTHORIZE LAKE WARDENS TO RESTRICT ACCESS TO THE LAKE UNDER CERTAIN CONDITIONS.

H. 4280 (Word version) -- Reps. Edge and Clemmons: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN HORRY COUNTY 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.

H. 4281 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 10-1-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN THE FLAGS ATOP THE STATE CAPITOL BUILDING SHALL BE FLOWN AT HALF-STAFF, SO AS TO PROVIDE THAT THESE FLAGS SHALL BE FLOWN AT HALF-STAFF ON THE DAY WHEN FUNERAL SERVICES ARE CONDUCTED FOR MEMBERS OF THE UNITED STATES MILITARY SERVICES WHO WERE RESIDENTS OF SOUTH CAROLINA AND WHO LOST THEIR LIVES IN THE LINE OF DUTY WHILE IN COMBAT.

Rep. WALKER explained the Bill.

H. 4286 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY, DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND

Printed Page 3925 . . . . . Wednesday, May 28, 2003

STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE SPARTANBURG COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF SPARTANBURG COUNTY LEGISLATIVE DELEGATION.

H. 4028 (Word version) -- Reps. Cotty and McGee: A BILL TO AMEND SECTION 43-26-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDINGS NOT SUBJECT TO THE RULES OF OPERATION OF VENDING FACILITIES BY THE COMMISSION FOR THE BLIND, SO AS TO EXCLUDE THE SOUTH CAROLINA STATE MUSEUM.

Rep. COTTY explained the Bill.

S. 317--DEBATE ADJOURNED

Rep. CLEMMONS moved to adjourn debate upon the following Bill until Thursday, May 29, which was adopted:

S. 317 (Word version) -- Senators Elliott, Rankin, Short, Reese and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.

S. 591--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up:

S. 591 (Word version) -- Senators McConnell and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-75, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION; TO ADOPT THE UNITED STATES CENSUS OF 2000; TO REPEAL SECTIONS 1-1-730 AND 2-1-65, RELATING TO THE ADOPTION OF THE UNITED STATES CENSUS OF 1990 AND

Printed Page 3926 . . . . . Wednesday, May 28, 2003

THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE WERE FORMERLY ELECTED; TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED PRIOR TO THE 2004 GENERAL ELECTION BE FROM THE SENATE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; TO PROVIDE THAT, IF THIS ACT IS INVALIDATED BY A COURT DECISION OR OBJECTED TO BY THE DEPARTMENT OF JUSTICE, THE HOUSE OF REPRESENTATIVES ELECTIONS IN 2004 SHALL BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; BY ADDING SECTION 2-1-45 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING IN THE 2004 GENERAL ELECTION; TO REPEAL SECTION 2-1-25 RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED; TO DESIGNATE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE OF REPRESENTATIVES REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED BEFORE THE 2004 GENERAL ELECTION BE FROM THE HOUSE OF REPRESENTATIVES DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; AND TO PROVIDE THAT IF ANY PART OF SECTION 2-1-45 IS DETERMINED TO BE NULL AND VOID EITHER BY A FAILURE TO RECEIVE PRECLEARANCE FROM THE DEPARTMENT OF JUSTICE OR BY ANY COURT OF COMPETENT JURISDICTION, SECTION 2-1-45 IS REPEALED, ALL PROVISIONS OF SECTION 2-1-45 BEING DECLARED TO BE NONSEVERABLE FROM THE OTHER.

Printed Page 3927 . . . . . Wednesday, May 28, 2003

Rep. HARRISON, with unanimous consent, proposed the following Amendment No. 7 (Doc Name AMEND\H-JUD\Toole1), which was adopted:
Amend the bill, as and if amended, in Section 2-1-45, of 1976 Code by deleting Districts 87 and 88 and inserting:
District 087 Population

Lexington County

VTD 10

Tract 021012

Blocks: 1000, 1001, 1002, 1003, 1004, 1005

1006, 1007, 1008, 1009, 1010, 1011

1012, 1013, 1014, 1015, 1016, 1017

1018, 1019, 1020, 1021, 1022, 1997

1999, 2020, 2021, 2022, 2023, 2024

2025, 3011, 3012, 3022, 3023 2,282

VTD 10 Subtotal 2,282

VTD 23 2,042

VTD 24

Tract 021012

Blocks: 3007, 3008, 3009, 3013, 3014, 3015

3016, 3017, 3018, 3019, 3020, 3021

3024, 3025, 3026, 3027, 3028, 3029

3030, 3031, 3032, 3035, 3036, 3037

3038, 3039, 3040, 3041, 3042, 3043 4,560

Tract 021013

Blocks: 3009, 3010 7

VTD 24 Subtotal 4,567

VTD 28

Tract 021302

Blocks: 1099 2

VTD 28 Subtotal 2

VTD 30 2,622

VTD 31 2,245

VTD 32 2,366

VTD 33

Tract 021012

Blocks: 3044, 3045, 3046, 3047, 3048, 3049

3050, 3051 153

Tract 021013

Blocks: 2000, 2001, 2002, 2003, 2004, 2005

2006, 2007, 2008, 2009, 2010, 2011

Printed Page 3928 . . . . . Wednesday, May 28, 2003

2012, 2013, 2014, 2015, 2017, 2018

2019, 2020, 2021, 2022, 2023, 2024

2025, 2026, 2027, 2028, 2029, 2030

2031, 2032, 2033, 2034, 2035, 2036

2037, 2038, 2039, 2040, 2041, 2042

2043, 2044, 2045, 2046, 2047, 2048

2049, 2050, 2051, 2052, 2053, 2998

2999, 3000, 3003, 3004, 3005, 3006

3007, 3008, 3011, 3012, 3013, 3014

3015, 3016, 3017, 3020, 3034, 3035

3036, 3037, 4000, 4001, 4002, 4003

4004, 4005, 4006, 4007, 4008, 4009

4010, 4011, 4012, 4013, 4014, 4015

4016, 4017, 4018, 4019, 4020, 4021

4022, 4023, 4998, 4999 3,108

VTD 33 Subtotal 3,261

VTD 44

Tract 021009

Blocks: 2006, 2007, 2008, 2010, 2011, 2012

2013, 2014, 2015, 2016, 2020, 2021

2022, 2023, 2024, 2025, 2032, 2033

2034, 2035, 2999 849

Tract 021302

Blocks: 2026, 2027 125

VTD 44 Subtotal 974

VTD 45 3,985

VTD 46

Tract 021017

Blocks: 1005, 1006, 1009, 1010, 1011, 1012

1013, 1014, 1015, 1016, 1017, 1018

2006, 2007, 2008, 2009, 2010, 2011

2012, 2013, 2014, 2015, 2016, 2017

2018, 2019, 2020, 2021 3,616

Tract 021018

Blocks: 1000, 1001, 1002 73

VTD 46 Subtotal 3,689

VTD 57

Tract 021018

Blocks: 1011, 1012, 1015, 1016, 1017, 1018

1998 126

VTD 57 Subtotal 126

Printed Page 3929 . . . . . Wednesday, May 28, 2003

VTD 74

Tract 021302

Blocks: 2020, 2021, 2022, 2023, 2047, 2048

2049, 2051, 2052, 2054, 2055, 2057

2066, 2067 423

VTD 74 Subtotal 423

VTD 8 1,900

VTD 9 2,680

Lexington County Subtotal 33,164
District 087 Total 33,164
PERCENT DEVIATION 2.500
District 088 Population

Lexington County

VTD 46

Tract 021017

Blocks: 1002, 1003, 1004, 1007, 2000, 2001

2002, 2003, 2004, 2005, 2999, 3017

3019, 3020, 3021, 3997 1,020

VTD 46 Subtotal 1,020

VTD 47

Tract 021016

Blocks: 2007, 2008, 2012, 2013, 2014, 2015

2016, 2017, 2018, 2019, 2020, 2021

2022, 2039, 2040, 2997, 2998 3,837

Tract 021017

Blocks: 1000, 1001, 1008 117

VTD 47 Subtotal 3,954

VTD 48

Tract 020602

Blocks: 4041, 4042 0

Tract 021016

Blocks: 1003, 1004, 1005, 1006, 1007, 1008

1009, 1010, 1011, 1012, 1013, 1014

1015, 1016, 1017, 1018, 1019, 1020

1021, 1022, 1023, 1024, 1025, 1026

1027, 1028, 1998, 1999, 2009, 2010

2011, 2023, 2024, 2025, 2026, 2027

2028, 2029, 2030, 2031, 2032, 2033

2034, 2035, 2036, 2037, 2038, 2999 3,804

VTD 48 Subtotal 3,804

VTD 49

Printed Page 3930 . . . . . Wednesday, May 28, 2003

Tract 020602

Blocks: 4998, 4999 0

Tract 020703

Blocks: 2998

VTD 49 Subtotal 0

VTD 57

Tract 020902

Blocks: 1000, 1001, 1002, 1003, 1004, 1005

1006, 1007, 1008, 1009, 1010, 1011

1012, 1013, 1014, 1015, 1016, 1017

1018, 1019, 1020, 1021, 1022, 1023

1024, 1025, 1026, 1027, 1028, 1029

1030, 1031, 1032, 1033, 1042, 1043

1044, 1053, 1056, 1057, 1073, 1074

1075, 1076, 1077, 1078, 1079, 1080

1081, 1082, 1083, 1998, 1999 1,308

Tract 021018

Blocks: 1010, 1019, 1020, 1021, 1022, 1023

1024, 1025, 1026, 1027, 1028, 1029

1030, 1031, 1032, 1997, 2000, 2001

2002, 2003, 2004, 2005, 2006, 2007

2008, 2009, 2010, 2011, 2012, 2013

2014, 2015, 2016, 2017, 2018, 2019

2020, 2021, 2022, 2023, 2024, 2025

2026, 2027, 2028, 2998, 2999 3,452

VTD 57 Subtotal 4,760

VTD 58

Tract 020703

Blocks: 2001, 2002, 2003, 2004, 2005, 2006

2007, 2008, 2009, 2014, 2015, 2016

2020, 2999, 3000, 3001, 3002, 3003

3004, 3005, 3006, 3007, 3008, 3009

3014, 3015, 3016, 3017 1,455

Tract 021017

Blocks: 3000, 3001, 3002, 3003, 3004, 3005

3006, 3007, 3008, 3009, 3010, 3011

3012, 3013, 3014, 3015, 3016, 3018

3998, 3999 1,502

VTD 58 Subtotal 2,957

VTD 59

Tract 020703

Printed Page 3931 . . . . . Wednesday, May 28, 2003

Blocks: 1000, 1001, 1002, 1003, 1004, 1005

1006, 1007, 1008, 1009, 1010, 1011

1012, 1013, 1014, 1015, 1016, 1017

1018, 1019, 1020, 1021, 1022, 1023

1024, 1025, 1026, 1027, 1028, 1029

1030, 1031, 1032, 1033, 1034, 1035

1036, 2010, 2011, 2012, 2013, 2017

2018, 2019, 2021, 2022, 3010, 3011

3012, 3013, 3018, 3019, 3020, 3021

3022, 3023, 3024, 3025, 3026, 4000

4001, 4002, 4003, 4004, 4005, 4006

4007, 4008, 4009, 4010, 4011, 4012

4013, 4014, 4015, 4016, 4017, 4018

4019, 4020, 4021, 4022, 4023, 4024 2,817

Tract 020704

Blocks: 1024, 1025, 1027, 1028, 1029, 1031

1046, 1049, 1050, 2000, 2001, 2002

2003, 2004, 2005, 2006, 2007, 2008

2009, 2010, 2011, 2012, 2013, 2014

2015, 2016, 2017, 2018, 2019, 2020

3010, 3027, 3028, 3029, 3030, 3031 1,668

VTD 59 Subtotal 4,485

VTD 60

Tract 020605

Blocks: 1023, 1026, 1027, 1030, 1035, 2014

2015, 2016, 2017, 2018, 2019, 2020

2021, 2022, 2023, 2024, 2038 465

Tract 020704

Blocks: 1000, 1001, 1003, 1004, 1005, 1006

1007, 1008, 1009, 1010, 1011, 1012

1013, 1014, 1016, 1017, 1018, 1019

1020, 1021, 1022, 1023, 1026, 1030

1032, 1033, 1034, 1035, 1036, 1037

1038, 1039, 1040, 1041, 1042, 1043

1044, 1045, 1047, 1048, 1999, 3000

3001, 3002, 3003, 3004, 3005, 3006

3007, 3008, 3009, 3011, 3012, 3013

3014, 3015, 3016, 3017, 3018, 3019

3020, 3021, 3022, 3023, 3024, 3025

3026, 3999, 4000, 4001, 4002, 4003

4004, 4005, 4006, 4007, 4008, 4009

Printed Page 3932 . . . . . Wednesday, May 28, 2003

4010, 4011, 4012, 4013, 4014, 4015

4016, 4017, 4018, 4019, 4020, 4021 4,122

VTD 60 Subtotal 4,587

VTD 61

Tract 020605

Blocks: 2000, 2001, 2003, 2004, 2005, 2006

2007, 2008, 2009, 2010, 2011, 2012

2013, 2025, 2026, 2027, 2028, 2029

2030, 2031, 2032, 2033, 2034, 2035

2036, 2037 303

Tract 020702

Blocks: 1000, 1001, 1002, 1003, 1004, 1005

1006, 1007, 1008, 1009, 1010, 1011

2000, 2001, 2002, 2003, 2004, 2005

2006, 2007, 2008, 2009, 2010, 2011

2012, 2013, 2014, 2015, 2016, 2017

2018, 2019, 2020, 2021, 2022, 2023

2024, 2025, 2027, 2028, 2029, 2030

2031, 2032, 2033, 2034, 2035, 2036

2037, 2038, 2039, 2040, 2041, 2042

2043, 2044, 2045, 2046, 2047, 2048

2049, 2050, 2051, 2052, 2053, 2054

2055, 2056, 2057, 2058, 2059, 2060

2061, 2062, 2063, 2064, 2065, 2066

2998, 2999, 3000, 3001, 3002, 3003

3004, 3005, 3006, 3007, 3008, 3009

3010, 3011, 3012, 3013, 3014, 3016

3017, 3018, 3019, 3037, 3038, 3039

3040, 3995, 3999 3,978

VTD 61 Subtotal 4,281

VTD 63

Tract 020902

Blocks: 1034, 1035, 1036, 1037, 1038, 1039

1040, 1041, 1045, 1046, 1047, 1048

1049, 1050, 1051, 1052, 1054, 1055

1058, 1059, 1060, 1061, 1062, 1063

1064, 1065, 1066, 1067, 1068, 1069

1070, 1071, 1072, 1084, 1085, 1086

1087, 1088, 1089, 3000, 3001, 3002

3003, 3004, 3005, 3006, 3007, 3008

3009, 3010, 3013, 3014, 3015, 3016

Printed Page 3933 . . . . . Wednesday, May 28, 2003

3017, 3018, 3019, 3020, 3024, 3025

3026, 3027, 3028, 3998, 3999 1,923

VTD 63 Subtotal 1,923

VTD 64

Tract 020902

Blocks: 2000, 2001, 2002, 2003, 2004, 2005

2009 458

VTD 64 Subtotal 458

VTD 66

Tract 020702

Blocks: 2026, 3015, 3020, 3021, 3022, 3023 303

VTD 66 Subtotal 303

Lexington County Subtotal 32,532
District 088 Total 32,532
PERCENT DEVIATION 0.547

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

The Bill was read the third time and ordered returned to the Senate with amendments.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 285 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-13-210 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOTAL CREEL LIMIT OF GAME FISH TAKEN IN ONE DAY, TO PROVIDE THAT NOT MORE THAN FIVE OF THE LIMIT MAY BE TROUT TAKEN FROM THE SALUDA RIVER BETWEEN THE LAKE MURRAY DAM AND THE CONFLUENCE OF THE BROAD RIVER.

S. 542 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-33 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON DEAN SWAMP IN CLARENDON COUNTY ON THE WATERS OF LAKE MARION WITHIN SIX HUNDRED FEET OF A DWELLING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Printed Page 3934 . . . . . Wednesday, May 28, 2003

S. 489 (Word version) -- Senators Ravenel and McGill: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OTHER THAN A TRUSTEE, EMPLOYEE, OR AGENT OF THE FOUNDATION OR A PERSON AUTHORIZED BY THE FOUNDATION TO TRAP, HUNT, MOLEST, OR ATTEMPT TO MOLEST A BIRD, WILD FOWL, OR GAME, INCLUDING WILD HOGS, WITHIN THE REFUGE, OR TO TRESPASS IN ANY MANNER UPON THE PROPERTY OF THE BELLE W. BARUCH FOUNDATION FOR THAT PURPOSE.

ORDERED ENROLLED FOR RATIFICATION

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

S. 572 (Word version) -- Senators Waldrep and Hutto: A BILL TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO INCLUDE ON THE UNIFORM TRAFFIC TICKET OFFENSES RELATING TO LIVESTOCK AND POULTRY.

S. 414--DEBATE ADJOURNED

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

S. 414 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4

Printed Page 3935 . . . . . Wednesday, May 28, 2003

TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRELICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.

H. 3987--AMENDED AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3987 (Word version) -- Reps. White and Altman: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.

Rep. WHITE proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11828AC03), which was adopted:
Amend the bill, as and if amended, by deleting Section 44-7-2910(A)(1) and inserting:
/(A)(1) ~~No direct care entity may employ or contract with a direct caregiver until after the direct caregiver has undergone a criminal record check as provided in this section.~~ ~~However, pending the results of the criminal record check, a person temporarily may be employed or may contract as a direct caregiver with a direct care entity.~~ A direct

Printed Page 3936 . . . . . Wednesday, May 28, 2003

care entity employing or contracting with a direct caregiver shall conduct a criminal record check as provided in this section prior to employing or contracting with the direct caregiver. A direct care entity may consider ~~the~~ all information revealed by a criminal record check as a factor in evaluating a direct caregiver's application to be employed by or contract with the entity. However, a direct care entity may not employ or contract with a direct caregiver applicant who has been convicted of or pled guilty to:

(1) a violent crime as defined by Section 16-1-60;

(2) criminal sexual conduct in the third degree (Section 16-3-654);

(3) criminal domestic violence (Section 16-25-20);

(4) assault and battery of a high and aggravated nature;

(5) unlawful neglect of a child or helpless person by a legal custodian (Section 20-7-50);

(6) ill-treating children, apprentices, servants, incompetents or helpless persons (Section 20-7-60);

(7) abuse of incapacitated persons (Section 43-29-41);

(8) abuse or physical or mental injury to client or patient (Section 43-30-100);

(9) administering or attempting to administer poison (Section 16-3-70);

(10) unlawful and malicious tampering with a human drug product or food (Section 16-2-75); or

(11) a criminal offense similar in nature to the above listed crimes committed in another jurisdiction or under federal law./
Renumber sections to conform.
Amend title to conform.

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

Rep. LOURIE proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20679SD03):
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. Section 44-7-2950 of the 1976 Code, as added by Act 242 of 2002, is amended to read:

"Section 44-7-2950. An individual who violates this article, or a regulation promulgated pursuant to this article, is subject to a civil fine of one hundred dollars for the first violation and five hundred dollars

Printed Page 3937 . . . . . Wednesday, May 28, 2003

for each subsequent violation. Each violation constitutes a separate offense and any violation after the first violation is considered a subsequent violation whether or not it occurred or was charged concurrently with the first violation. A fine imposed pursuant to this section must be paid before a direct care entity's license is renewed. Fines collected pursuant to this section must be retained by the department to help offset the costs associated with carrying out the department's responsibilities under this article." /
Renumber sections to conform.
Amend title to conform.

Rep. LOURIE explained the amendment.

Reps. E. H. PITTS, RUTHERFORD, J. E. SMITH, HOWARD, J. H. NEAL, WEEKS, QUINN, CLYBURN, TRIPP, HOSEY, MERRILL, PINSON, DUNCAN, VIERS, JENNINGS, BAILEY and HERBKERSMAN requested debate on the Bill.

S. 166--REQUEST FOR DEBATE AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 166 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM A PUBLIC ROAD, SO AS TO AMEND THE DEFINITION OF "HUNTING".

Rep. WITHERSPOON explained the Bill.

Rep. LOFTIS requested debate on the Bill.

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

SPEAKER PRO TEMPORE IN CHAIR

S. 523--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 523 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-11-105 TO PROVIDE MEASURES THE

Printed Page 3938 . . . . . Wednesday, May 28, 2003

DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; TO AMEND SECTION 50-11-1090, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK; AND TO AMEND ARTICLE 8, CHAPTER 11 OF TITLE 50 BY ADDING SECTION 50-11-1900 TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS OR TRANSPORT LIVE DEER EXCEPT IN CERTAIN CIRCUMSTANCES AND PROVIDE PENALTIES.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5517SL03), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 33, by deleting Section 50-11-105(A) and inserting:
/ (A) The department, after consulting with the State Livestock-Poultry Health Commission and the United States Department of Agriculture Veterinarian in Charge for South Carolina and after a reasonable attempt at landowner notification, may carry out operations including quarantines, destruction of wildlife, or other measures to locate, detect, control, eradicate, or retard the spread of diseases of wildlife independently or in cooperation with counties, special purpose districts, municipalities, property owner's associations or similar organizations, individuals, federal agencies, or agencies of other states, by regulation, compliance agreement, judicial action, or other appropriate means. The State shall not be required to indemnify the property owner for any wildlife taken as a result of this action. For the purposes of this section, landowner notification can occur by means of a telephone call, in person, or in writing./
Renumber sections to conform.
Amend title to conform.

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

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

Printed Page 3939 . . . . . Wednesday, May 28, 2003

S. 430--RECOMMITTED

The following Bill was taken up:

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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22232CM03), which was ruled out of order:
Amend the bill, as and if amended, Section 57-23-50(A)(9), as contained in SECTION 1, by striking line 41 and inserting:
/ (9) a representative of Palmetto /
When amended, Section 57-23-50(A)(9) shall read:
/ (9) a representative of Palmetto Pride; /
Amend the bill further, Section 57-23-50(B), as contained in SECTION 1, page 2, by striking / items / on line 11, and inserting / subitem (A) /. When amended, Section 57-23-50(B) shall read:
/ (B) All members of the committee shall serve for a term of two years and, with the exception of the appointments made pursuant to ~~items~~ subitems (A)(1) and (2), all appointments must be made by the Governor with the advice and consent of the Senate. Members of the committee shall serve without compensation or reimbursement. /
Amend the bill further, by striking SECTION 2, page 2, and inserting:
/ SECTION 2. Section 57-23-800 of the 1976 Code, as added by Act 17 of 1999, is amended to read:

"Section 57-23-800. ~~(A)~~ The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system ~~in accordance with the following requirements:~~.

(1) a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.

~~(2) a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.~~

~~(3) an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.~~

Printed Page 3940 . . . . . Wednesday, May 28, 2003

~~(B) The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.~~

~~(C) The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.~~

(D) If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed."
SECTION 3. This act shall take effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. TOWNSEND explained the amendment.

POINT OF ORDER

Rep. HARRISON raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill. He stated that the Bill dealt with the makeup of the Scenic Highway Commission, but the amendment dealt with changes to highway maintenance and mowing processes conducted by the Department of Transportation.
Rep. TOWNSEND argued contra.
SPEAKER PRO TEMPORE W.D. SMITH sustained the Point of Order and ruled the amendment out of order.

Rep. TOWNSEND moved to recommit the Bill to the Committee on Education and Public Works.
Rep. MERRILL moved to table the motion, which was rejected by a division vote of 23 to 30.

The question then recurred to the motion to recommit the Bill, which was agreed to.

SPEAKER IN CHAIR

Printed Page 3941 . . . . . Wednesday, May 28, 2003

S. 478--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 478 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-19-480 OF THE 1976 CODE, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, 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".

Reps. TOWNSEND and WALKER proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5535CM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/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."
SECTION 2. Section 56-19-480(G) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(G) For purposes of this section, a 'wrecked vehicle', a 'salvage vehicle', and a 'vehicle declared to be a total loss' are all synonyms and are defined to be any motor vehicle which is damaged to the extent that the cost of repairing the motor vehicle, including both parts and

Printed Page 3942 . . . . . Wednesday, May 28, 2003

reasonable market charges for labor, equal or exceed seventy-five percent of the fair market value of the motor vehicle. The provisions contained in this section do not apply to a motor vehicle that has a fair market value of two thousand dollars or less, or an antique motor vehicle as defined by Section 56-3-2210. When an insurance company is involved, the fair market value of the vehicle must be determined as of the date immediately before the event which gave rise to the claim. When an insurance company is not involved, then the fair market value must be determined as of the last day on which the vehicle was lawfully operated on a public highway or the last day on which it was registered, whichever is later."
SECTION 3. Section 56-19-485 of the 1976 Code, as added by Act 101 of 1995, is amended to read:

"Section 56-19-485. Notwithstanding any other provision of law, whenever any motor vehicle which qualifies as 'wreckage' or 'salvage' is transferred in this State pursuant to Section 56-19-480, whether the vehicle was, immediately before such transfer, titled in this State or in another state, the vehicle shall be designated as 'wreckage' or 'salvage', as may be applicable, to the extent necessary to inform the transferee of the exact condition of the vehicle. No wrecked or salvaged out-of-state vehicle or South Carolina-registered vehicle shall be registered under the laws of this State without such designation, and this designation must be applied to all subsequent transfers of the vehicle.

The provisions of this section apply to transfers of vehicles in all of the circumstances described in Section 56-19-480, whether the vehicle is 'totaled', declared a total loss, 'junked', or 'salvaged'.

Notwithstanding the provisions of this section, the owner of a vehicle whose total cost of repair, including all labor and parts, is estimated to be seventy-five percent or more of the fair market value of the vehicle must provide the department an affidavit from a person who reconstructs or rebuilds a vehicle indicating the cost of repair along with other data the department may prescribe to obtain a certificate of title. The provisions contained in this section do not apply to a motor vehicle that has a fair market value of two thousand dollars or less, or an antique motor vehicle as defined by Section 56-3-2210. A certificate of title issued for a vehicle described in this paragraph must be annotated to indicate the motor vehicle is designated 'wreckage' or 'salvage' as applicable to the extent necessary to inform the transferee of the exact condition of the vehicle. A wrecked or salvaged out-of-state vehicle or South Carolina registered vehicle may not be

Printed Page 3943 . . . . . Wednesday, May 28, 2003

registered in this State without this designation, and this designation must be applied to subsequent transfer of the vehicle."
SECTION 4. Section 56-3-2210 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2210. Every motor vehicle as herein defined which is over ~~thirty~~ twenty-five years old, is owned solely as a collector's item and is used for participation in club activities, exhibits, tours, parades and similar uses, but in no event used for general transportation, may be classified by the department as an antique motor vehicle."
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

S. 258--POINT OF ORDER

The following Bill was taken up:

S. 258 (Word version) -- Senators Gregory, Ryberg, Hayes, Courson, Peeler, Branton and Reese: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO REQUIRE HIGH SCHOOL STUDENTS TO RECEIVE INSTRUCTION IN THE AREA OF PERSONAL FINANCE.

Rep. TOWNSEND explained the Bill.

POINT OF ORDER

Rep. SHEHEEN 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.

Printed Page 3944 . . . . . Wednesday, May 28, 2003

H. 3734--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3734 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 48-20-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FEES AND CIVIL PENALTIES COLLECTED PURSUANT TO THE SOUTH CAROLINA MINING ACT, SO AS TO PROVIDE THAT ANY INCREASE IN FEE REVENUE ATTRIBUTABLE TO THE FEE STRUCTURE IMPOSED JULY 1, 2003, MUST BE APPROPRIATED FOR THE BUDGET OF THE MINING AND RECLAMATION PROGRAM IN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SPECIFICALLY TO PROVIDE ADDITIONAL STAFF FOR THE PROGRAM AND TO PROVIDE EDUCATIONAL AND TRAINING ASSISTANCE TO THE MINING INDUSTRY IN THIS STATE.

Rep. RICE proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11858AC03), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 of the bill and inserting:
/SECTION 1. Section 48-20-240 of the 1976 Code, as added by Act 454 of 1990, is amended to read:
"Section 48-20-240. All fees and civil penalties collected under the provisions of this chapter must be deposited in the general fund through the State Treasurer. Fee revenue attributable to increased or additional fees imposed pursuant to this chapter after May 1, 2003, must be retained and expended for the department's mining and reclamation program. Funds retained pursuant to this section must be used specifically to provide additional staff for the mining and reclamation program and to provide educational and training assistance to the mining industry in South Carolina."/
Renumber sections to conform.
Amend title to conform.

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

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

Printed Page 3945 . . . . . Wednesday, May 28, 2003

S. 356--REQUESTS FOR DEBATE WITHDRAWN AND RECOMMITTED, RETAINING ITS PLACE ON THE CALENDAR

Upon the withdrawal of requests for debate by Reps. SCARBOROUGH, YOUNG, LOFTIS, ALTMAN and SKELTON, the following Bill was taken up:

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

SPEAKER'S CORRECTION TO HIS RULING ON A POINT OF ORDER RAISED ON AMENDMENT NO. 1 TO S. 356 ON MAY 27, 2003

SPEAKER WILKINS stated that after carefully reviewing his ruling on May 27, 2003, he would rescind his ruling regarding germaneness of portions of Amendment No. 1. The Education and Public Works Committee, according to Rule 9.3, was correct in attaching H. 3228 to S. 356. However, H. 3228, which was originally referred to the Judiciary Committee, was not properly included in the Education and Public Works Committee amendment to S. 356. SPEAKER WILKINS stated that part of an amendment cannot be ruled out of order and the remaining provisions left in, unless the question had already been divided and stood separately on its own. He therefore rescinded his ruling of May 27, 2003, and sustained the Point of Order and ruled the entire amendment out of order.

Rep. TOWNSEND moved to recommit the Bill to the Committee on Education and Public Works, retaining its place on the calendar, which was agreed to.

Printed Page 3946 . . . . . Wednesday, May 28, 2003

S. 559--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. F. N. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 559 (Word version) -- Senator Rankin: A BILL 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.

H. 4050--RECALLED AND REFERRED TO COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

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

H. 4050 (Word version) -- Reps. Loftis, R. Brown, Cato, Ceips, Coates, Davenport, Duncan, Freeman, Frye, Herbkersman, Koon, Ott, Perry, Pinson, M. A. Pitts, Stewart, Viers and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-130 SO AS TO PROVIDE THAT A PUBLIC WATER SYSTEM WITH A PROFESSIONAL ENGINEER ON STAFF AND WHICH HAS A GENERAL CONSTRUCTION PERMIT MAY CONSTRUCT A LINE EXTENSION THAT SERVES OR MAY SERVE MORE THAN ONE CONSUMER.

REGULATION NO. 2832--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. CATO, with unanimous consent, Regulation No. 2832 was ordered recalled from Committee on Labor, Commerce and Industry and was referred to Committee on Medical, Military, Public and Municipal Affairs.

OBJECTION TO RECALL

Rep. KEEGAN asked unanimous consent to recall H. 3703 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.

Printed Page 3947 . . . . . Wednesday, May 28, 2003

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall S. 288 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.

R. 43, H. 3041--GOVERNOR'S VETO --DEBATE ADJOURNED

The Veto on the following Act was taken up:

(R43) H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT ALL PERSONS HUNTING DEER MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE OR AT LEAST FORTY PERCENT VISIBLE INTERNATIONAL ORANGE, AND TO PROVIDE EXCEPTIONS.

Rep. WITHERSPOON moved to adjourn debate on the Veto until Thursday, May 29, which was agreed to.

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF A COURT OF APPEALS JUDGE,
SEAT 3 AND A FAMILY COURT JUDGE,
THIRD JUDICIAL CIRCUIT, SEAT 2

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4026 (Word version) -- Reps. W.D. Smith, Delleney and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF

Printed Page 3948 . . . . . Wednesday, May 28, 2003

APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007.

The President of the Senate recognized Senator McConnell, Chairman of the Judicial Merit Selection Commission.

ELECTION OF A COURT OF APPEALS JUDGE, SEAT 3

Senator McConnell, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Mary E. Buchan, John C. Hayes III, and John W. Kittredge.
Senator McConnell stated that Mary E. Buchan and John C. Hayes, III had withdrawn from the race, and placed the name of the remaining candidate, John W. Kittredge, in nomination.
On motions of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable John W. Kittredge was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE, THIRD JUDICIAL CIRCUIT, SEAT 2

Senator McConnell, on behalf of the Judicial Merit Selection Commission, stated W. Jeffrey Young had been screened, found qualified, and placed his name in nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable W. Jeffrey Young was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

Printed Page 3949 . . . . . Wednesday, May 28, 2003

THE HOUSE RESUMES

At 12:10 p.m. the House resumed, the SPEAKER in the Chair.

Rep. COOPER moved that the House recede until 2:00 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER KOON IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

H. 3749--DEBATE ADJOURNED

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

H. 3749 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2003; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. HARRELL proposed the following Amendment No. 1A (Doc Name h:\legwork\house\amend\h-wm\009\housebudgetamendment. doc):
Amend the bill, as and if amended, by striking the version of the bill as passed by the Senate and inserting the version of the bill as passed by the House of Representatives, and the text of that version is hereby incorporated into this amendment, with the following amendments to the House-passed version:
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 14, after line 11, by inserting:

Printed Page 3950 . . . . . Wednesday, May 28, 2003

Column 7 Column 8
Federal Relief
Money-EFA 20,642,486
Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 85, line 2, opposite /Hospital Services/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

4,077,060 4,077,060
Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 90, after line 3, by inserting:

Column 7 Column 8

Federal Relief

Money-Medicaid 127,437,026
Amend the bill further, as and if amended, Part IA, Section 21, FORESTRY COMMISSION, page 147, line 5, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

85,057 85,057
Amend the bill further, as and if amended, Part IA, Section 21, FORESTRY COMMISSION, page 147, line 12, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

85,057 85,057
Amend the bill further, as and if amended, Part IA, Section 21, FORESTRY COMMISSION, page 147, line 19, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

923,644 923,644
Amend the bill further, as and if amended, Part IA, Section 21, FORESTRY COMMISSION, page 147, line 24, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

1,283,768 1,283,768
Amend the bill further, as and if amended, Part IA, Section 21, FORESTRY COMMISSION, page 148, line 3, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Printed Page 3951 . . . . . Wednesday, May 28, 2003

Column 7 Column 8

44,242 44,242
Amend the bill further, as and if amended, Part IA, Section 21, FORESTRY COMMISSION, page 148, line 36, opposite /Employer Contributions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

315,882 315,882
Amend the bill further, as and if amended, Part IA, Section 23A, SCSU (PUBLIC SERVICE ACTIVITIES), page 157, line 24, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

400,000 400,000
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 159, line 5, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

197,905 197,905
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 159, line 25, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

88,847 88,847
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 161, line 37, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

20,465 20,465
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 162, line 24, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

626,923 626,923
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 162, line 31, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 7 and 8 by:

Printed Page 3952 . . . . . Wednesday, May 28, 2003

Column 7 Column 8

420,252 420,252
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 164, line 3, opposite /Classified Positions/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

916,202 916,202
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 164, line 10, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

415,835 415,835
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 164, line 20, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

370,950 370,950
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 164, line 25, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

148,000 148,000
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 164, line 395, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

157,279 157,279
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 165, line 11, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

239,234 239,234
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 165, line 22,

Printed Page 3953 . . . . . Wednesday, May 28, 2003

opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

219,311 219,311
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 165, line 38, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

272,150 272,150
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 167, line 1, opposite /Employer Contributions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

21,783 21,783
Amend the bill further, as and if amended, Part IA, Section 31, SENTENCING GUIDELINES COMMISSION, page 190, line 10, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

14,063 14,063
Amend the bill further, as and if amended, Part IA, Section 34, OFFICE OF APPELLATE DEFENSE, page 194, line 5, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

80,454 80,454
Amend the bill further, as and if amended, Part IA, Section 34, OFFICE OF APPELLATE DEFENSE, page 194, line 9, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

89,393 89,393
Amend the bill further, as and if amended, Part IA, Section 34, OFFICE OF APPELLATE DEFENSE, page 194, line 16, opposite /Employer Contributions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

8,939 8,939

Printed Page 3954 . . . . . Wednesday, May 28, 2003

Amend the bill further, as and if amended, Part IA, Section 47, DEPARTMENT OF INSURANCE, page 233, line 5, opposite /Classified Positions/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

386,442 386,442
Amend the bill further, as and if amended, Part IA, Section 47, DEPARTMENT OF INSURANCE, page 234, line 10, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

189,832 189,832
Amend the bill further, as and if amended, Part IA, Section 47, DEPARTMENT OF INSURANCE, page 234, line 22, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

100,000 100,000
Amend the bill further, as and if amended, Part IA, Section 47, DEPARTMENT OF INSURANCE, page 235, line 27, opposite /Employer Contributions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

96,610 96,610
Amend the bill further, as and if amended, Part IA, Section 54C, LEG. DEPT- CODIFICATION OF LAWS AND LEG COUNCIL, page 254, line 5, opposite /Unclassified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

180,000 180,000
Amend the bill further, as and if amended, Part IA, Section 54E, LEG. DEPT- LEGISLATIVE AUDIT COUNCIL, page 258, line 5, opposite /Unclass. Leg. Misc - LAC (P)/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

25,500 25,500
Amend the bill further, as and if amended, Part IA, Section 54E, LEG. DEPT- LEGISLATIVE AUDIT COUNCIL, page 258, line 10, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 7 and 8 by:

Printed Page 3955 . . . . . Wednesday, May 28, 2003

Column 7 Column 8

32,088 32,088
Amend the bill further, as and if amended, Part IA, Section 54E, LEG. DEPT- LEGISLATIVE AUDIT COUNCIL, page 258, line 17, opposite /Employer Contributions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

6,588 6,588
Amend the bill further, as and if amended, Part IA, Section 56A, GOVERNOR'S OFFICE-EXECUTIVE CONTROL OF STATE, page 261, line 5, opposite /Unclassified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

85,129 85,129
Amend the bill further, as and if amended, Part IA, Section 56A, GOVERNOR'S OFFICE-EXECUTIVE CONTROL OF STATE, page 261, line 9, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

66,413 66,413
Amend the bill further, as and if amended, Part IA, Section 56A, GOVERNOR'S OFFICE-EXECUTIVE CONTROL OF STATE, page 261, line 16, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

18,716 18,716

Amend the bill further, as and if amended, Part IA, Section 56D, GOVERNOR'S OFFICE-MANSION AND GROUNDS, page 275, line 3, opposite /Classified Positions/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

9,311 9,311
Amend the bill further, as and if amended, Part IA, Section 56D, GOVERNOR'S OFFICE-MANSION AND GROUNDS, page 275, line 5, opposite /Unclassified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

9,553 9,553
Amend the bill further, as and if amended, Part IA, Section 56D, GOVERNOR'S OFFICE-MANSION AND GROUNDS, page 275,

Printed Page 3956 . . . . . Wednesday, May 28, 2003

line 9, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

13,404 13,404
Amend the bill further, as and if amended, Part IA, Section 56D, GOVERNOR'S OFFICE-MANSION AND GROUNDS, page 275, line 16, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

13,646 13,646
Amend the bill further, as and if amended, Part IA, Section 61, ADJUTANT GENERAL'S OFFICE, page 282, after line 12, by inserting:

Column 7 Column 8
Funeral Caisson

100,000 100,000
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 337, paragraph 1.4, line 22, by striking /$1,643/ and inserting /$1,701/
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 349, paragraph 1.63, line 2, by adding at the end: /The Education Oversight Committee shall review the utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives. The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review. This review shall be provided to the members of the General Assembly annually./
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 356, paragraph 1A.24, lines 8-9, by striking /$4,701,751/ and inserting /$5,901,751/ and by striking /$3,146,056/ and inserting /$4,346,056/
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 361, paragraph 1A.42, lines 13-16, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 362, paragraph 1A.49,

Printed Page 3957 . . . . . Wednesday, May 28, 2003

line 29, by adding at the end: /The Education Oversight Committee shall review the utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives. The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review. This review shall be provided to the members of the General Assembly annually./
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 363, paragraph 1AA.1, lines 3-36 and page 364, lines 1-3, by striking the paragraph in its entirety and inserting: /1AA.1. (LEA: Lottery Funds) There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section. Additionally, for Fiscal Year 2003-04 the maximum amount of administrative expenses authorized pursuant to Section 59-150-350 is reduced from fifteen percent to no less than thirteen percent for the year, including retailer commissions in an amount of not less than seven percent of gross proceeds; and in addition to the amount of the net lottery proceeds and investment earnings that the Board of Economic Advisors has projected for Fiscal Year 2003-04, two percent of the actual gross lottery proceeds earned in Fiscal Year 2003-04 must be deposited in the Education Lottery Account and used for educational purposes. Further, and notwithstanding the provisions of Chapter 150 of Title 59 or any other provision of law, for Fiscal Year 2003-04, in addition to any other deposits of lottery proceeds required to be deposited in the Education Lottery Account pursuant to this paragraph or otherwise, an additional $1,800,000 of gross lottery proceeds also must be deposited in the Education Lottery Account and used for educational purposes. All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year and shall be used to support the appropriations contained herein. For Fiscal year 2003-04

Printed Page 3958 . . . . . Wednesday, May 28, 2003

certified net lottery proceeds and investment earnings of $173,000,000 and any other proceeds identified by this provision are appropriated as follows: Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $40,000,000; Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370, $6,294,176; Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20, $5,000,000; Commission on Higher Education--Need-Based Grants, 3,000,000; Tuitions Grants Commission--Tuition Grants, $3,000,000; Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,500,000; Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000; Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Schools, $10,000,000; Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $40,000,000; South Carolina State University--$3,000,000; State Library--Aid to County Libraries as provided in Section 59-150-350(D), $1,500,000; Department of Education--Education Accountability Act Increase, $23,503,683; and Commission on Higher Education--Tuition Assistance Two-Year Institutions, $19,830,626. The funds appropriated to the Department of Education for the Education Accountability Act shall be used to provide: homework centers ($1,548,440); teacher specialist ($12,581,069); principal specialist ($2,270,302); external review teams ($1,466,872); Palmetto Gold/Silver Awards ($1,000,000); and retraining grants ($4,637,000). For Fiscal Year 2003-04 the Commission on Higher Education is appropriated the first $8,000,000 of unclaimed prize money for Tuition Assistance Two-Year Institutions. All lottery revenues generated in excess of the lottery projection, and in excess of funds estimated from unclaimed prizes are appropriated as follows: Sufficient funds will be appropriated to the Commission on Higher Education in order to fully fund the above listed $8,000,000 for Tuition Assistance Two-Year Institutions and the remainder is appropriated to the Department of Education for the purchase and repair of school buses. Fiscal Year 2003-2004 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and 2-year institutions as provided in Section 59-150-360. Fiscal Year 2003-2004 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE

Printed Page 3959 . . . . . Wednesday, May 28, 2003

scholarships for Fiscal Year 2003-2004 are fully funded. If the lottery revenue received for Fiscal Year 2003-04 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships. Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year./
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 364, paragraph 1AA.2, lines 4-6, by striking the paragraph in its entirety and inserting: /1AA.2. (LEA: Audit) Each state agency receiving lottery funds shall develop and implement procedures to monitor the expenditures of lottery funds in order to ensure that lottery funds are expended in accordance with applicable state laws, rules, and regulations. The Office of the State Auditor shall ensure that state agencies receiving lottery funds have procedures in place to monitor expenditures of lottery funds and that the monitoring procedures are operating effectively./
Amend the bill further, as and if amended, Part IB, Section 21, FORESTRY COMMISSION, page 400, paragraph 21.5, lines 19-21, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 421, paragraph 36.27, lines 23 and 24, by striking /July/ and inserting /October/
Amend the bill further, as and if amended, Part IB, Section 58, SECRETARY OF STATE'S OFFICE, page 448, paragraph 58.4, lines 27-33, by striking the paragraph in its entirety and inserting: /58.4. (SS: UCC Filing Fees) For filings during the current fiscal year the fee for filing a UCC document in the Secretary of State's Office pursuant to Section 36-9-525(a) of the 1976 Code is:

(1) eight dollars if the record is communicated in writing and consists of one or two pages;

(2) ten dollars if the record is communicated in writing and consists of three pages and one dollar for each additional page after the third page; and

(3) ten dollars if the record is communicated by another medium authorized by filing-office rule.

Printed Page 3960 . . . . . Wednesday, May 28, 2003

Revenues of this additional fee, not to exceed $120,000, may be retained by the Secretary of State for purposes of UCC administration./
Amend the bill further, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 464, paragraph 63.52, lines 3-5, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 464, paragraph 63.57, lines 26-29, striking the paragraph in its entirety and inserting: /63.57. (BCB: ~~Clemson University~~ Antenna and Tower Placement) Notwithstanding any other provision of law, all leases for antenna and tower operations within institutions of higher learning campuses must conform to the present and any future master plans for such property, as determined solely by the institution of higher learning./
Amend the bill further, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 469, paragraph 64.14, lines 32-34, by striking the paragraph in its entirety and inserting: /64.14. (DOR: County Allocation Adjustments) Notwithstanding the limitations set forth on adjustments of local option sales tax collections, the Department of Revenue is allowed to make adjustments within the county allocations for Fiscal Year ~~2001-02~~ 2002-03 during Fiscal Year ~~2002-03~~ 2003-04./
Amend the bill further, as and if amended, Part IB, Section 73, SECTION 73, beginning on page 501, line 35 and ending on page 504, line 12, by striking the paragraph in its entirety and inserting: /73.2. (Statewide Funding Requirements) The sources of general fund revenues appropriated in this provision are as follows: E16-State Treasurer's Office: $1,400,000 must be transferred to the general fund from Unclaimed Property Subfund 3879; E16-State Treasurer's Office: $3,938,054 must be transferred to the general fund from 911 Phone Surcharge Subfund 4955; E16-State Treasurer's Office: $3,284,872 Excess Debt Service from FY 2002-03 must be carried forward and credited to the general fund in FY 2003-04; E16-State Treasurer's Office: $5,583,000 must be transferred to the general fund from SC Housing Trust Fund Subfund 4070; R12-State Accident Fund: $10,806,184 must be transferred to the general fund from the State Accident Fund Subfund 4033; and E12-Comptroller General's Office: $2,400,000 must be transferred to the general fund from Unemployment Compensation Insurance Subfund 4007. Recognizing the fiscal difficulties facing South Carolina for the current budget year, the General Assembly intends to exercise its authority to redirect an amount of funds equivalent to the interest accrued or accruing on the

Printed Page 3961 . . . . . Wednesday, May 28, 2003

herein named restricted accounts held by agencies of state government. Notwithstanding any other provisions of law, the State Treasurer shall transfer funds to the general fund from the following accounts: E16-State Treasurer's Office: $617 from Subfund 4066 Disaster Trust Fund; E16-State Treasurer's Office: $166,786 from Subfund 4070 SC Housing Trust Fund; E16-State Treasurer's Office: $3,032 from Subfund 4612 Asbestos Expense Trust; E16-State Treasurer's Office: $2,423,565 from Subfund 4693 Atmc Wste Brl Fd-Chm Nclr; E16-State Treasurer's Office: $4,987 from Subfund 4731 General Ser Ds-Gen Fund; E16-State Treasurer's Office: $1,086 from Subfund 4732 General Ser Ds-Ins Res Fund; E16-State Treasurer's Office: $1,780 from Subfund 4895 Confiscated Cash; E16-State Treasurer's Office: $352,638 from Subfund 4955 911 Phone Surcharge; E16-State Treasurer's Office: $297,341 from Subfund 43A8 Barnwell Economic Dev. Fd.; E23-Commission on Indigent Defense: $47,374 from Subfund 4313 Indigent Def Services Fund; F03-Budget and Control Board: $451 from Subfund 4153 Funded Debt-Sinking Fund; F03-Budget and Control Board: $12,142 from Subfund 4154 Ordinary Sinking Fund; F03-Budget and Control Board: $4,883 from Subfund 4190 Fed Surplus Property Fd; F03-Budget and Control Board: $33,306 from Subfund 4202 State Life & Ltd; F03-Budget and Control Board: $295,431 from Subfund 4343 SC Infrastructure Loan Fund; F03-Budget and Control Board: $3,960 from Subfund 4821 PVE-First Stage Restitution; J02-Dept. of Health & Human Services: $35,176 from Subfund 4176 Nursing Home Sanctions; J02-Dept. of Health & Human Services: $108,574 from Subfund 4508 Sr Cit Ctrs Perm Imp Fund; J04-Dept. of Health & Environmental Control: $193,983 from Subfund 4545 Waste Tire Grant Trust Fund; J04-Dept. of Health & Environmental Control: $84,335 from Subfund 4546 Petroleum Fund; J04-Dept. of Health & Environmental Control: $458,305 from Subfund 4641 Haz Waste-Permitted Site Fd; J04-Dept. of Health & Environmental Control: $50,602 from Subfund 4865 Solid Waste Mgmt Trust Fund; J04-Dept. of Health & Environmental Control: $76,208 from Subfund 4906 Superb Fin Responsibility; J04-Dept. of Health & Environmental Control: $9,210 from Subfund 4971 Infectious Waste Contingency Fd; J04-Dept. of Health & Environmental Control: $468,008 from Subfund 4984 SUPERB Account; J20-Dept. of Alcohol & Other Drug Abuse Services: $4,963 from Subfund 4784 Revolving Loan Fund; K05-Dept. of Public Safety: $23,641 from Subfund 4547 Uninsured Enforcement Fund; P16-Dept. of Agriculture: $103,269 from Subfund 4308 Whse. Receipts

Printed Page 3962 . . . . . Wednesday, May 28, 2003

Guarantee; P16-Dept. of Agriculture: $128,420 from Subfund 4358 Grain Producers Guaranty Fund; P24-Dept. of Natural Resources: $6,781 from Subfund 4189 SC Aquatic Plant Man Tr Fd; P24-Dept. of Natural Resources: $4,962 from Subfund 4373 Nongame Wildlife & Natural Areas; P24-Dept. of Natural Resources: $185,843 from Subfund 4395 Mitigation Trust Fund; P24-Dept. of Natural Resources: $48,338 from Subfund 4520 Heritage Land Trust Fund; P24-Dept. of Natural Resources: $9,411 from Subfund 4795 Jocassee Gorges Trust Fund; P28-Dept. of Parks, Recreation & Tourism: $124,859 from Subfund 4126 PRT Development Fund; P28-Dept. of Parks, Recreation & Tourism: $82,176 from Subfund 4278 Recreation Land Trust; P28-Dept. of Parks, Recreation & Tourism: $21,612 from Subfund 4279 Gifts and Endowments Trust; P36-Patriot's Point Development Authority: $7,060 from Subfund 4049 Donations-Restricted; P36-Patriot's Point Development Authority: $83,667 from Subfund 4133 Admissions Revenue; R12-State Accident Fund: $779,526 from Subfund 4033 Workers' Comp Fund-Trust; R12-State Accident Fund: $3,200 from Subfund 4168 Escrow Funds; R36-Dept. of Labor, Licensing, & Regulation: $3,967 from Subfund 4592 Auctioneer Recovery Fund; Y08-Public Railways Commission: $64,046 from Subfund 4813 E Cooper & Berkeley RR; and Y08-Public Railways Commission: $13,046 from Subfund 4816 Capital Improvement. The Executive Director of the Budget and Control Board is authorized to use excess appropriations for Fiscal Year 2003-2004, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes. At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent transfer into the receiving agency's base budget. Funds appropriated in F30, Section 63B, Budget and Control Board, Employee Benefits may be carried forward from the prior fiscal year into the current fiscal year. In order to provide maximum flexibility to maintain critical programs, for these transfers identified above to the general fund, an agency may, in lieu of the specific accounts identified above, opt to transfer an equal amount of funds from any agency earmarked or restricted account designated as "special revenue funds" as defined by the Comptroller General's records. The above listed funds are transferred to the General Fund of the State, and by this provision, these transfers are deemed to have occurred and, notwithstanding any other provision of law, these general fund revenues are available for appropriation as provided in this paragraph. Any restrictions concerning specific utilization of

Printed Page 3963 . . . . . Wednesday, May 28, 2003

these funds are lifted for the specified fiscal year. Amounts transferred pursuant to this paragraph represent funds equivalent to the interest accrued or accruing only on state fund balances in earmarked and restricted accounts and if it is determined that any portion of the amount transferred is attributable to federal dollars that amount must be made up from the state fund earmarked and restricted fund balance. From the amount recouped from state agencies and transferred to the general fund pursuant to this proviso, there is appropriated for the fiscal year beginning July 1, 2003 and ending June 30, 2004, the following sums for the stated purposes: H03-Commission on Higher Education: Leadership Center Annualization $50,000; H03-Commission on Higher Education: GEAR-UP Annualization $600,000; H03-Commission on Higher Education: Performance Improvement Pool Allocation $284,151; H03-Commission on Higher Education: Higher Education Awareness Program (HEAP) $402,250; H03-Commission on Higher Education: SREB $341,456; H03-Commission on Higher Education: Lottery Scholarship Administration $100,000; H12-Clemson University: Center for Research of Wireless Communication $500,000; H27-University of South Carolina: Materials Research Science & Engineering Center (Nano-Technology) $1,000,000; J02-Dept. of Health and Human Services: Medicaid $4,077,060; L04-Department of Social Services: Operating Expenses for Child and Adult Services $4,000,000; N12-Department of Juvenile Justice: Assault Prevention $1,183,041; E12-Comptroller General: GASB #34 Compliance $602,546; J12-Department of Mental Health: Crisis Stabilization $2,000,000; X12-Aid to Subdivisions-Comptroller General: $483,148 distributed as follows: Aid Cnty-Clerks of Court $6,567; Aid Cnty-Probate Judges $6,567; Aid Cnty-Sheriffs $6,567; Aid Cnty-Register of Deeds, $2,425; Aid Cnty-Auditors $194,286; Aid Cnty-Treasurers $194,286; and Aid Cnty-Coroners $72,450; F03-Budget and Control Board: Operating Expenses $400,000; P24-Dept. of Natural Resources: Operating Expenses $300,000; H03-Commission on Higher Education: Palmetto Fellows Scholarships $200,000; H63-Dept. of Education: EFA $13,453,744; P32-Dept. of Commerce: Operating Expenses $750,000; and F30-Budget and Control Board, Employee Benefits: Non-recurring Employee Benefits Operating Expenses $2,000,000. The amount appropriated for Aid Cnty-Coroner shall be distributed by the Comptroller General to each county treasurer equally and shall be used as a salary supplement for each county coroner. The State Treasurer shall take custody of unclaimed property, reported before November 1, 2003 for the year

Printed Page 3964 . . . . . Wednesday, May 28, 2003

ending June 30, 2003, as payable or distributable in the course of a demutualization of an insurance company, and deposit into the general fund all monies received as abandoned property. Unclaimed property payable or distributable in the course of a demutualization of an insurance company is presumed abandoned five years after the earlier of the date: (1) of last contact with the policyholder; or (2) the property became payable or distributable. The first five million dollars realized from such demutualization of funds is appropriated in the following manner for the purposes stated: N12-Department of Juvenile Justice: $1,000,000 for Operating Expenses; and P28-Department of Parks, Recreation, and Tourism: $4,000,000 for Operating Expenses. Any amount realized from demutualization above the first five million dollars shall be appropriated in the following manner for the purposes stated: E28-Election Commission: $700,000 for HAVA Federal Match; F03-Budget and Control Board: $2,000,000 for Operating Expenses; L04-Department of Social Services: $2,300,000 for Operating Expenses for Child and Adult Services; and N12-Department of Juvenile Justice: $500,000 for Operating Expenses. Any additional revenues realized from demutualization shall be used to fund the State Employee Health Plan. The appropriations in this provision are contingent and therefore all items are to be funded on a pro-rata basis should revenue fall below the anticipated amount. Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and expended for the same purposes. No appropriation in this provision may be paid before the later of September 1, 2003, or the date the Comptroller General closes the state's books on Fiscal Year 2002-03. Appropriations in this provision resulting from demutualization shall be paid as soon as practicable after November 1, 2003. The Budget and Control Board is directed to transfer the amount of $1,300,000 from board reserve accounts to A01 Senate reserve account and the amount of $1,300,000 from board reserve accounts to A05 House revenue reserve account. The Comptroller General shall establish expenditure authorization for the amount transferred. Contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, the State Treasurer's Office shall transfer an amount equal to $6,767,866 from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the Department of Health and Human Services to be expended for Medicaid. All funds received by the State of South Carolina under

Printed Page 3965 . . . . . Wednesday, May 28, 2003

Sections 401 and 601 of the Temporary State Fiscal Relief Act of the Jobs and Growth Tax Relief Act of 2003 shall be used only for the special items as identified in the appropriations act. For funds received under Section 401, the funds shall be identified as Special Item(s)
Temporary State Fiscal Relief- FMAP and for funds received under Section 601, the funds shall be identified as the Special Item(s) as Temporary State Fiscal Relief- Government Services. The maximum funding to be provided for FY 03-04 under FMAP is $118,939,000 and under Government Services is $136,429,000. Funds received by the State under Sections 401 and 601 of the Temporary State Fiscal Relief Act may be carried forward, however, the funds must not be transferred to other programs. The Office of State Budget is directed to transfer the personnel, positions and funding of the Sentencing Guidelines Commission to other state agencies upon the authorization of the Chairman of the Sentencing Guidelines Commission. The Department of Health and Human Services must expend funds appropriated for Pharmaceutical Services without prior authorization or any other prescriptive restrictions on medications prescribed to treat schizophrenia, major depression, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American Psychiatry Association or hemophilia, diabetes, HIV/acquired immune deficiency syndrome, asthma, or cancer. The Department of Health and Human Services must provide $750,000 for Medicaid matching funds for ambulance services. Effective FY 2003-04, all monies collected in the Department of Public Safety Building Fund, Subfund 3324, that exceed the annual bond payment amount and repair and replacement fund must be utilized by the Department of Public Safety to support the Highway Patrol./
Amend the bill further, as and if amended, Part IB, Section 73, SECTION 73, page 504, paragraph 73.3, lines 13-36 and page 505, lines 1-3, by striking the paragraph in its entirety and inserting: /73.3. (Law Enforcement Funding) (A) In addition to all other assessments and surcharges, during Fiscal Year 2003-04, a twenty-five dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates' or municipal court for misdemeanor traffic offenses or for nontraffic violations. No portion of the surcharge may be waived, reduced, or suspended. (B)(1) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction, which heard or processed the case and paid to the State Treasurer within thirty days

Printed Page 3966 . . . . . Wednesday, May 28, 2003

after receipt. The State Treasurer may retain the actual cost associated with the collection of this surcharge not to exceed $40,000. The State Treasurer shall allocate and transfer quarterly the remaining revenue as follows: 37.75% of these funds quarterly to the circuit solicitors in the manner hereinafter provided, 22.10% to the Department of Juvenile Justice for the Coastal Evaluation Center, for Assault Prevention, and other federal lawsuit related expenses, 15% to the State Law Enforcement Division for its general purposes, 15% to the Department of Corrections for its general purposes, 3.75% to the Attorney General's Office for its general purposes, 3.75% to the Judicial Department for its general purposes, 1.55% to the Department of Natural Resources for statewide police responsibilities, 1% to the Office Appellate Defense for its general purposes, and 0.10% to the Forestry Commission for statewide police responsibilities. The State Treasurer shall transmit the portion of these funds earmarked for the solicitors' offices to the Prosecution Coordination Commission which shall then apportion these funds among the circuit solicitors of this State on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds shall be used for the operation of the solicitors' offices, and the solicitor may use a portion of those funds to provide for drug courts in their judicial circuits. (2) The funds received by solicitors' offices pursuant to this paragraph in part are to replace the funds received by solicitors in the same year from judicial circuits state support pursuant to Paragraph 33.3 Judicial Circuits State Support. As a result and notwithstanding the provisions of item (1) above, the State Treasurer shall withhold funds received under this paragraph for the benefit of the solicitors and transmit seventy-five percent of the aforementioned funds to the Highway Patrol Division (DPS) to be used for a new trooper class and twenty-five percent of the aforementioned funds to the Judicial Department until such time as these deposits equal the amounts disbursed or to be disbursed to the solicitors under Paragraph 33.3 Judicial Circuits State Support. Thereafter, any such funds received for the benefit of the solicitors shall be disbursed to them in the manner required in item (1) above. (C) It is the intent of the General Assembly that the amounts generated by this paragraph for use by the solicitors' offices shall be in addition to any amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for these services by the county. (D) The State Treasurer may request the State Auditor to examine the financial

Printed Page 3967 . . . . . Wednesday, May 28, 2003

records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.
Rep. HARRELL spoke in favor of the amendment.

Rep. QUINN moved to adjourn debate on the Senate Amendments, which was agreed to.

H. 3939--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

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

Printed Page 3968 . . . . . Wednesday, May 28, 2003

BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330, RELATING TO THESE MATTERS ARE REPEALED.

Rep. OTT explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

SENT TO THE SENATE

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

H. 3739 (Word version) -- Reps. Ceips, Whipper, M. A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J. M. Neal, Phillips, Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire, Lourie and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2003
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 6:40 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

Printed Page 3969 . . . . . Wednesday, May 28, 2003

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Martin, Ritchie and Hutto of the Committee of Free Conference on the part of the Senate on S. 555:

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.

Printed Page 3970 . . . . . Wednesday, May 28, 2003

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 555:

Printed Page 3971 . . . . . Wednesday, May 28, 2003

Very respectfully,
President
Received as information.

S. 555--FREE CONFERENCE POWERS REJECTED

Rep. G. M. SMITH moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

The yeas and nays were taken resulting as follows:

Yeas 78; Nays 11

Printed Page 3972 . . . . . Wednesday, May 28, 2003

Those who voted in the affirmative are:

Altman                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                J. Brown               Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Coleman
Cooper                 Cotty                  Dantzler
Duncan                 Edge                   Emory
Freeman                Hagood                 Harrison
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Huggins
Keegan                 Kirsh                  Leach
Lee                    Limehouse              Littlejohn
Lourie                 Lucas                  Mahaffey
Martin                 McCraw                 McLeod
Merrill                Miller                 Neilson
Owens                  Perry                  Phillips
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Rivers                 Sandifer
Sheheen                Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Toole
Tripp                  Umphlett               Vaughn
Viers                  White                  Whitmire
Wilkins                Witherspoon            Young

Total--78

Those who voted in the negative are:

G. Brown               R. Brown               Gourdine
Jennings               Lloyd                  Mack
Moody-Lawrence         Rutherford             Scott
Thompson               Weeks

Total--11

So, Free Conference Powers were rejected.

Printed Page 3973 . . . . . Wednesday, May 28, 2003

S. 516--NONCONCURRENCE IN SENATE AMENDMENTS

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

S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.

Rep. COOPER explained the Senate Amendments.

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

REPORT OF STANDING COMMITTEE

Rep. FREEMAN, from the Chesterfield Delegation, submitted a favorable report on:

H. 3443 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

Printed Page 3974 . . . . . Wednesday, May 28, 2003

H. 3443--ORDERED TO THIRD READING

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

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

REPORT OF STANDING COMMITTEE

Rep. COTTY, from the Kershaw Delegation, submitted a favorable report on:

H. 3385 (Word version) -- Reps. Sheheen and Cotty: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE KERSHAW COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

H. 3385--ORDERED TO THIRD READING

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

Printed Page 3975 . . . . . Wednesday, May 28, 2003

MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

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

REPORT OF STANDING COMMITTEE

Rep. G. M. SMITH, from the Sumter Delegation, submitted a favorable report on:

H. 3254 (Word version) -- Reps. G. M. Smith, Weeks and Coates: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE SCHOOL DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

H. 3254--ORDERED TO THIRD READING

On motion of Rep. G. M. SMITH, with unanimous consent, the following Bill was taken up for immediate consideration:

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

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 4077 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-39-80, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Printed Page 3976 . . . . . Wednesday, May 28, 2003

RELATING TO THE METHOD USED FOR CALCULATING THE UNEARNED SERVICE CHARGE REFUND IF THE BORROWER CANCELS BEFORE MATURITY OF A PREMIUM SERVICE AGREEMENT, SO AS TO CHANGE THE METHOD OF CALCULATING THE AMOUNT OF REFUND.
Ordered for consideration tomorrow.

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

S. 34 (Word version) -- Senators Knotts, Elliott, Reese and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY OR OTHERWISE IMPACT THE OFFEROR FISCALLY ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED OR REJECTED BY THE INDUSTRY OR BUSINESS TO WHOM THE OFFER WAS MADE.
Ordered for consideration tomorrow.

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

S. 466 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA,

Printed Page 3977 . . . . . Wednesday, May 28, 2003

1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
Ordered for consideration tomorrow.

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

S. 477 (Word version) -- Senators Ritchie, Ford, Leventis and Richardson: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE 'HOUSEHOLD MEMBER'; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF HE HAS BEEN CHARGED WITH AN OFFENSE CONTAINED IN CHAPTER 25 OF TITLE 16; AND TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE THAT AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A VIOLATION OF CHAPTER 25 OF TITLE 16, MUST SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET.
Ordered for consideration tomorrow.

Printed Page 3978 . . . . . Wednesday, May 28, 2003

REPORT OF STANDING COMMITTEE

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

H. 4073 (Word version) -- Reps. Govan, Rhoad, Cobb-Hunter and Ott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAYS 21 AND 78 BYPASS IN ORANGEBURG COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 21 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 301 IN HONOR OF EARL MIDDLETON, AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "EARL MIDDLETON HIGHWAY".

H. 4073--AMENDED, ADOPTED AND SENT TO SENATE

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

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

Whereas, the HOPE Awards (Home Ownership Participation for Everyone) is a biennial awards program created in 2001 by a partnership of national real estate associations to recognize organizations and individuals who are making outstanding contributions to promote minority homeownership; and

Whereas, the Honorable Earl M. Middleton has been tapped as a 2003 nominee for the second-ever HOPE Leadership Award

Printed Page 3979 . . . . . Wednesday, May 28, 2003

celebrating the life work of the single individual in the country who has made a significant and dedicated difference in the cause of minority home ownership; and

Whereas, this descendant of slaves never lost sight of his roots as he forged his future as an entrepreneur, finally gaining a large share of the real estate market in Orangeburg as the first black affiliate of Coldwell Banker by using an integrated staff of realtors to locate and sell homes for a diverse clientele in a racially mixed community; and

Whereas, that success earned him a place in the forefront of black entrepreneurs beginning to achieve the goal of building businesses across racial lines, and it also offered him the opportunity to play a major role in enhancing access to home ownership for minorities; and

Whereas, this Claflin University graduate, devout Methodist, Tuskegee Airman trainee, civil rights supporter, former member of the South Carolina House of Representatives, and loving family man continues to use his natural dignity, intelligence, and warmth to increase the vision of and opportunities for minorities; and

Whereas, the members of the General Assembly believe that it is fitting and appropriate to recognize the accomplishments of this son of South Carolina by naming a portion of United States Highways 21 and 78 Bypass in Orangeburg County the Earl Middleton Highway. Now, therefore,

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

That the portion of United States Highways 21 and 78 Bypass in Orangeburg County from its intersection with United States Highway 21 to its intersection with United States Highway 301 in honor of Earl Middleton, and to erect appropriate markers or signs along this portion of highway containing the words "Earl Middleton Highway".

Be it further resolved that copies of this resolution be forwarded to the Department of Transportation and the Honorable Earl M. Middleton.

Printed Page 3980 . . . . . Wednesday, May 28, 2003

The Invitations and Memorial Resolutions Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\ 5511CM03), which was adopted:
Amend the concurrent resolution, as and if amended, by striking lines 24 through 32 and inserting:
/Whereas, the HOPE Awards (Home Ownership Participation for Everyone) is a biennial awards program created in 2001 by a partnership of national real estate associations to recognize organizations and individuals who are making outstanding contributions to promote minority homeownership; and
Whereas, the Honorable Earl M. Middleton has been tapped as a 2003 nominee for the second-ever HOPE Leadership Award celebrating the life work of the single individual in the country who has made a significant and dedicated difference in the cause of minority home ownership; and
Whereas, this descendant of slaves never lost sight of his roots as he forged his future as an entrepreneur, finally gaining a large share of the real estate market in Orangeburg as the first black affiliate of Coldwell Banker by using an integrated staff of realtors to locate and sell homes for a diverse clientele in a racially mixed community; and
Whereas, that success earned him a place in the forefront of black entrepreneurs beginning to achieve the goal of building businesses across racial lines, and it also offered him the opportunity to play a major role in enhancing access to home ownership for minorities; and
Whereas, this Claflin University graduate, devout Methodist, Tuskegee Airman trainee, civil rights supporter, former member of the South Carolina House of Representatives, and loving family man continues to use his natural dignity, intelligence, and warmth to increase the vision of and opportunities for minorities; and
Whereas, the members of the General Assembly believe that is fitting and appropriate to recognize the accomplishments of this son of South Carolina by naming a portion of United States Highways 21 and 78 Bypass in Orangeburg County the Earl Middleton Highway. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the portion of United States Highways 21 and 78 Bypass in Orangeburg County from its intersection with United States Highway 21 to its intersection with United States Highway 301 in honor of Earl Middleton, and to erect appropriate markers or signs along this portion of highway containing the words "Earl Middleton Highway".

Printed Page 3981 . . . . . Wednesday, May 28, 2003

Be it further resolved that copies of this resolution be forwarded to the Department of Transportation and the Honorable Earl M. Middleton. /
Renumber sections to conform.

The amendment was then adopted.

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

HOUSE RESOLUTION

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

H. 4312 (Word version) -- Rep. Govan: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE ORANGEBURG PREPARATORY SCHOOL INDIANS BOYS TRACK TEAM, COACH DON SHELLEY, AND OTHER SCHOOL OFFICIALS ON THURSDAY, MAY 29, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON WINNING THE 2003 SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION CLASS AAA BOYS TRACK AND FIELD STATE CHAMPIONSHIP AND COMMENDING THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THE SEASON.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Orangeburg Preparatory School Indians Boys Track Team, Coach Don Shelley, and other school officials on Thursday, May 29, 2003, at a time to be determined by the Speaker, for the purpose of congratulating them on winning the 2003 South Carolina Independent Schools Athletic Association Class AAA Boys Track and Field State Championship and commending them for their hard work, competitive spirit, and dedication throughout the season.

The Resolution was adopted.

Printed Page 3982 . . . . . Wednesday, May 28, 2003

HOUSE RESOLUTION

The following was introduced:

H. 4313 (Word version) -- Reps. Govan, 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, 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, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 TO COMMEND DR. EARLINE M. SIMMS OF ORANGEBURG COUNTY FOR HER OUTSTANDING CONTRIBUTIONS TO THE FIELD OF EDUCATION AT SOUTH CAROLINA STATE UNIVERSITY AS WELL AS THROUGHOUT THIS NATION, AND WISH HER CONTINUED SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4314 (Word version) -- Reps. Breeland, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, 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,

Printed Page 3983 . . . . . Wednesday, May 28, 2003

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, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO LIEUTENANT COLONEL FRANK K. BENJAMIN FOR HIS YEARS OF SERVICE TO THE UNITED STATES OF AMERICA AND MOST RECENTLY AS DIRECTOR OF OPERATIONS OF THE 621 MOBILITY OPERATIONS SQUADRON AT MCGUIRE AIR FORCE BASE IN NEW JERSEY.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4315 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. CHRISTINE JOHNSON OF AIKEN COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY ON JUNE 10, 2003, AND TO WISH HER MANY MORE YEARS OF HAPPINESS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4316 (Word version) -- Reps. G. R. Smith and Taylor: A CONCURRENT RESOLUTION TO RECOGNIZE THE EXTREME SKILLS AND DETERMINATION OF MR. ZACK SIEFERT OF HILLCREST HIGH SCHOOL IN GREENVILLE COUNTY AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH

Printed Page 3984 . . . . . Wednesday, May 28, 2003

CAROLINA GENERAL ASSEMBLY TO MR. SIEFERT ON HIS MANY ATHLETIC ACHIEVEMENTS.

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

INTRODUCTION OF BILLS

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

H. 4317 (Word version) -- Rep. Jennings: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF MARLBORO COUNTY MUST BE SET BY THE MARLBORO COUNTY BOARD OF EDUCATION IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
On motion of Rep. JENNINGS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4318 (Word version) -- Reps. M. Hines, J. Hines and G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-2-419 AND SECTION 37-3-419, BOTH SO AS TO LIMIT THE SELLER OR LENDER, WHEN CONDUCTING A CREDIT CHECK IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION, TO REFERENCES CITED BY THE PROSPECTIVE BUYER OR BORROWER IN THE APPLICATION .
Referred to Committee on Labor, Commerce and Industry

S. 414--RECOMMITTED

The following Bill was taken up:

S. 414 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRELICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF

Printed Page 3985 . . . . . Wednesday, May 28, 2003

PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.

Rep. LOFTIS explained the Bill.

Rep. KIRSH moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall S. 288 (Word version) from the Committee on Judiciary.
Rep. THOMPSON objected.

H. 3749--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

Column 7 Column 8
Federal Relief
Money-EFA 20,642,486

Printed Page 3986 . . . . . Wednesday, May 28, 2003

Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 85, line 2, opposite /Hospital Services/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

4,077,060 4,077,060
Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 90, after line 3, by inserting:

Column 7 Column 8

Federal Relief

Column 7 Column 8

44,242 44,242

Printed Page 3987 . . . . . Wednesday, May 28, 2003

Amend the bill further, as and if amended, Part IA, Section 21, FORESTRY COMMISSION, page 148, line 36, opposite /Employer Contributions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

420,252 420,252

Printed Page 3988 . . . . . Wednesday, May 28, 2003

Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 164, line 3, opposite /Classified Positions/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

239,234 239,234
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 165, line 22, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Printed Page 3989 . . . . . Wednesday, May 28, 2003

Column 7 Column 8

8,939 8,939
Amend the bill further, as and if amended, Part IA, Section 47, DEPARTMENT OF INSURANCE, page 233, line 5, opposite

Printed Page 3990 . . . . . Wednesday, May 28, 2003

/Classified Positions/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

32,088 32,088

Printed Page 3991 . . . . . Wednesday, May 28, 2003

Amend the bill further, as and if amended, Part IA, Section 54E, LEG. DEPT- LEGISLATIVE AUDIT COUNCIL, page 258, line 17, opposite /Employer Contributions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

18,716 18,716

Column 7 Column 8

9,553 9,553
Amend the bill further, as and if amended, Part IA, Section 56D, GOVERNOR'S OFFICE-MANSION AND GROUNDS, page 275, line 9, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 7 and 8 by:

Printed Page 3992 . . . . . Wednesday, May 28, 2003

Column 7 Column 8

13,646 13,646
Amend the bill further, as and if amended, Part IA, Section 61, ADJUTANT GENERAL'S OFFICE, page 282, after line 12, by inserting:

Column 7 Column 8
Funeral Caisson

Printed Page 3993 . . . . . Wednesday, May 28, 2003

it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives. The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review. This review shall be provided to the members of the General Assembly annually./
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 363, paragraph 1AA.1, lines 3-36 and page 364, lines 1-3, by striking the paragraph in its entirety and inserting: /1AA.1. (LEA: Lottery Funds) There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section. Additionally, for Fiscal Year 2003-04 the maximum amount of administrative expenses authorized pursuant to Section 59-150-350 is reduced from fifteen percent to no less than thirteen percent for the year, including retailer commissions in an amount of not less than seven percent of gross proceeds; and in addition to the amount of the net lottery proceeds and investment earnings that the Board of Economic Advisors has projected for Fiscal Year 2003-04, two percent of the actual gross lottery proceeds earned in Fiscal Year 2003-04 must be deposited in the Education Lottery Account and used for educational purposes. Further, and notwithstanding the provisions of Chapter 150 of Title 59 or any other provision of law, for Fiscal Year 2003-04, in addition to any other deposits of lottery proceeds required to be deposited in the Education Lottery Account pursuant to this paragraph or otherwise, an additional $1,800,000 of gross lottery proceeds also must be deposited in the Education Lottery Account and used for educational purposes. All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year and shall be used to support the appropriations contained herein. For Fiscal year 2003-04 certified net lottery proceeds and investment earnings of $173,000,000 and any other proceeds identified by this provision are appropriated as

Printed Page 3994 . . . . . Wednesday, May 28, 2003

follows: Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $40,000,000; Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370, $6,294,176; Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20, $5,000,000; Commission on Higher Education--Need-Based Grants, 3,000,000; Tuitions Grants Commission--Tuition Grants, $3,000,000; Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,500,000; Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000; Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Schools, $10,000,000; Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $40,000,000; South Carolina State University--$3,000,000; State Library--Aid to County Libraries as provided in Section 59-150-350(D), $1,500,000; Department of Education--Education Accountability Act Increase, $23,503,683; and Commission on Higher Education--Tuition Assistance Two-Year Institutions, $19,830,626. The funds appropriated to the Department of Education for the Education Accountability Act shall be used to provide: homework centers ($1,548,440); teacher specialist ($12,581,069); principal specialist ($2,270,302); external review teams ($1,466,872); Palmetto Gold/Silver Awards ($1,000,000); and retraining grants ($4,637,000). For Fiscal Year 2003-04 the Commission on Higher Education is appropriated the first $8,000,000 of unclaimed prize money for Tuition Assistance Two-Year Institutions. All lottery revenues generated in excess of the lottery projection, and in excess of funds estimated from unclaimed prizes are appropriated as follows: Sufficient funds will be appropriated to the Commission on Higher Education in order to fully fund the above listed $8,000,000 for Tuition Assistance Two-Year Institutions and the remainder is appropriated to the Department of Education for the purchase and repair of school buses. Fiscal Year 2003-2004 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and 2-year institutions as provided in Section 59-150-360. Fiscal Year 2003-2004 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for Fiscal Year 2003-2004 are fully funded. If the lottery revenue received for Fiscal Year 2003-04 is less than the amounts

Printed Page 3995 . . . . . Wednesday, May 28, 2003

appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships. Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year./
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 364, paragraph 1AA.2, lines 4-6, by striking the paragraph in its entirety and inserting: /1AA.2. (LEA: Audit) Each state agency receiving lottery funds shall develop and implement procedures to monitor the expenditures of lottery funds in order to ensure that lottery funds are expended in accordance with applicable state laws, rules, and regulations. The Office of the State Auditor shall ensure that state agencies receiving lottery funds have procedures in place to monitor expenditures of lottery funds and that the monitoring procedures are operating effectively./
Amend the bill further, as and if amended, Part IB, Section 21, FORESTRY COMMISSION, page 400, paragraph 21.5, lines 19-21, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 421, paragraph 36.27, lines 23 and 24, by striking /July/ and inserting /October/
Amend the bill further, as and if amended, Part IB, Section 58, SECRETARY OF STATE'S OFFICE, page 448, paragraph 58.4, lines 27-33, by striking the paragraph in its entirety and inserting: /58.4. (SS: UCC Filing Fees) For filings during the current fiscal year the fee for filing a UCC document in the Secretary of State's Office pursuant to Section 36-9-525(a) of the 1976 Code is:

(1) eight dollars if the record is communicated in writing and consists of one or two pages;

(2) ten dollars if the record is communicated in writing and consists of three pages and one dollar for each additional page after the third page; and

(3) ten dollars if the record is communicated by another medium authorized by filing-office rule.

Revenues of this additional fee, not to exceed $120,000, may be retained by the Secretary of State for purposes of UCC administration./

Printed Page 3996 . . . . . Wednesday, May 28, 2003

Amend the bill further, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 464, paragraph 63.52, lines 3-5, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 464, paragraph 63.57, lines 26-29, striking the paragraph in its entirety and inserting: /63.57. (BCB: ~~Clemson University~~ Antenna and Tower Placement) Notwithstanding any other provision of law, all leases for antenna and tower operations within institutions of higher learning campuses must conform to the present and any future master plans for such property, as determined solely by the institution of higher learning./
Amend the bill further, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 469, paragraph 64.14, lines 32-34, by striking the paragraph in its entirety and inserting: /64.14. (DOR: County Allocation Adjustments) Notwithstanding the limitations set forth on adjustments of local option sales tax collections, the Department of Revenue is allowed to make adjustments within the county allocations for Fiscal Year ~~2001-02~~ 2002-03 during Fiscal Year ~~2002-03~~ 2003-04./
Amend the bill further, as and if amended, Part IB, Section 73, SECTION 73, beginning on page 501, line 35 and ending on page 504, line 12, by striking the paragraph in its entirety and inserting: /73.2. (Statewide Funding Requirements) The sources of general fund revenues appropriated in this provision are as follows: E16-State Treasurer's Office: $1,400,000 must be transferred to the general fund from Unclaimed Property Subfund 3879; E16-State Treasurer's Office: $3,938,054 must be transferred to the general fund from 911 Phone Surcharge Subfund 4955; E16-State Treasurer's Office: $3,284,872 Excess Debt Service from FY 2002-03 must be carried forward and credited to the general fund in FY 2003-04; E16-State Treasurer's Office: $5,583,000 must be transferred to the general fund from SC Housing Trust Fund Subfund 4070; R12-State Accident Fund: $10,806,184 must be transferred to the general fund from the State Accident Fund Subfund 4033; and E12-Comptroller General's Office: $2,400,000 must be transferred to the general fund from Unemployment Compensation Insurance Subfund 4007. Recognizing the fiscal difficulties facing South Carolina for the current budget year, the General Assembly intends to exercise its authority to redirect an amount of funds equivalent to the interest accrued or accruing on the herein named restricted accounts held by agencies of state government. Notwithstanding any other provisions of law, the State Treasurer shall

Printed Page 3997 . . . . . Wednesday, May 28, 2003

transfer funds to the general fund from the following accounts: E16-State Treasurer's Office: $617 from Subfund 4066 Disaster Trust Fund; E16-State Treasurer's Office: $166,786 from Subfund 4070 SC Housing Trust Fund; E16-State Treasurer's Office: $3,032 from Subfund 4612 Asbestos Expense Trust; E16-State Treasurer's Office: $2,423,565 from Subfund 4693 Atmc Wste Brl Fd-Chm Nclr; E16-State Treasurer's Office: $4,987 from Subfund 4731 General Ser Ds-Gen Fund; E16-State Treasurer's Office: $1,086 from Subfund 4732 General Ser Ds-Ins Res Fund; E16-State Treasurer's Office: $1,780 from Subfund 4895 Confiscated Cash; E16-State Treasurer's Office: $352,638 from Subfund 4955 911 Phone Surcharge; E16-State Treasurer's Office: $297,341 from Subfund 43A8 Barnwell Economic Dev. Fd.; E23-Commission on Indigent Defense: $47,374 from Subfund 4313 Indigent Def Services Fund; F03-Budget and Control Board: $451 from Subfund 4153 Funded Debt-Sinking Fund; F03-Budget and Control Board: $12,142 from Subfund 4154 Ordinary Sinking Fund; F03-Budget and Control Board: $4,883 from Subfund 4190 Fed Surplus Property Fd; F03-Budget and Control Board: $33,306 from Subfund 4202 State Life & Ltd; F03-Budget and Control Board: $295,431 from Subfund 4343 SC Infrastructure Loan Fund; F03-Budget and Control Board: $3,960 from Subfund 4821 PVE-First Stage Restitution; J02-Dept. of Health & Human Services: $35,176 from Subfund 4176 Nursing Home Sanctions; J02-Dept. of Health & Human Services: $108,574 from Subfund 4508 Sr Cit Ctrs Perm Imp Fund; J04-Dept. of Health & Environmental Control: $193,983 from Subfund 4545 Waste Tire Grant Trust Fund; J04-Dept. of Health & Environmental Control: $84,335 from Subfund 4546 Petroleum Fund; J04-Dept. of Health & Environmental Control: $458,305 from Subfund 4641 Haz Waste-Permitted Site Fd; J04-Dept. of Health & Environmental Control: $50,602 from Subfund 4865 Solid Waste Mgmt Trust Fund; J04-Dept. of Health & Environmental Control: $76,208 from Subfund 4906 Superb Fin Responsibility; J04-Dept. of Health & Environmental Control: $9,210 from Subfund 4971 Infectious Waste Contingency Fd; J04-Dept. of Health & Environmental Control: $468,008 from Subfund 4984 SUPERB Account; J20-Dept. of Alcohol & Other Drug Abuse Services: $4,963 from Subfund 4784 Revolving Loan Fund; K05-Dept. of Public Safety: $23,641 from Subfund 4547 Uninsured Enforcement Fund; P16-Dept. of Agriculture: $103,269 from Subfund 4308 Whse. Receipts Guarantee; P16-Dept. of Agriculture: $128,420 from Subfund 4358 Grain Producers Guaranty Fund; P24-Dept. of Natural Resources:

Printed Page 3998 . . . . . Wednesday, May 28, 2003

$6,781 from Subfund 4189 SC Aquatic Plant Man Tr Fd; P24-Dept. of Natural Resources: $4,962 from Subfund 4373 Nongame Wildlife & Natural Areas; P24-Dept. of Natural Resources: $185,843 from Subfund 4395 Mitigation Trust Fund; P24-Dept. of Natural Resources: $48,338 from Subfund 4520 Heritage Land Trust Fund; P24-Dept. of Natural Resources: $9,411 from Subfund 4795 Jocassee Gorges Trust Fund; P28-Dept. of Parks, Recreation & Tourism: $124,859 from Subfund 4126 PRT Development Fund; P28-Dept. of Parks, Recreation & Tourism: $82,176 from Subfund 4278 Recreation Land Trust; P28-Dept. of Parks, Recreation & Tourism: $21,612 from Subfund 4279 Gifts and Endowments Trust; P36-Patriot's Point Development Authority: $7,060 from Subfund 4049 Donations-Restricted; P36-Patriot's Point Development Authority: $83,667 from Subfund 4133 Admissions Revenue; R12-State Accident Fund: $779,526 from Subfund 4033 Workers' Comp Fund-Trust; R12-State Accident Fund: $3,200 from Subfund 4168 Escrow Funds; R36-Dept. of Labor, Licensing, & Regulation: $3,967 from Subfund 4592 Auctioneer Recovery Fund; Y08-Public Railways Commission: $64,046 from Subfund 4813 E Cooper & Berkeley RR; and Y08-Public Railways Commission: $13,046 from Subfund 4816 Capital Improvement. The Executive Director of the Budget and Control Board is authorized to use excess appropriations for Fiscal Year 2003-2004, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes. At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent transfer into the receiving agency's base budget. Funds appropriated in F30, Section 63B, Budget and Control Board, Employee Benefits may be carried forward from the prior fiscal year into the current fiscal year. In order to provide maximum flexibility to maintain critical programs, for these transfers identified above to the general fund, an agency may, in lieu of the specific accounts identified above, opt to transfer an equal amount of funds from any agency earmarked or restricted account designated as "special revenue funds" as defined by the Comptroller General's records. The above listed funds are transferred to the General Fund of the State, and by this provision, these transfers are deemed to have occurred and, notwithstanding any other provision of law, these general fund revenues are available for appropriation as provided in this paragraph. Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year. Amounts transferred pursuant to this paragraph represent funds equivalent to the interest

Printed Page 3999 . . . . . Wednesday, May 28, 2003

accrued or accruing only on state fund balances in earmarked and restricted accounts and if it is determined that any portion of the amount transferred is attributable to federal dollars that amount must be made up from the state fund earmarked and restricted fund balance. From the amount recouped from state agencies and transferred to the general fund pursuant to this proviso, there is appropriated for the fiscal year beginning July 1, 2003 and ending June 30, 2004, the following sums for the stated purposes: H03-Commission on Higher Education: Leadership Center Annualization $50,000; H03-Commission on Higher Education: GEAR-UP Annualization $600,000; H03-Commission on Higher Education: Performance Improvement Pool Allocation $284,151; H03-Commission on Higher Education: Higher Education Awareness Program (HEAP) $402,250; H03-Commission on Higher Education: SREB $341,456; H03-Commission on Higher Education: Lottery Scholarship Administration $100,000; H12-Clemson University: Center for Research of Wireless Communication $500,000; H27-University of South Carolina: Materials Research Science & Engineering Center (Nano-Technology) $1,000,000; J02-Dept. of Health and Human Services: Medicaid $4,077,060; L04-Department of Social Services: Operating Expenses for Child and Adult Services $4,000,000; N12-Department of Juvenile Justice: Assault Prevention $1,183,041; E12-Comptroller General: GASB #34 Compliance $602,546; J12-Department of Mental Health: Crisis Stabilization $2,000,000; X12-Aid to Subdivisions-Comptroller General: $483,148 distributed as follows: Aid Cnty-Clerks of Court $6,567; Aid Cnty-Probate Judges $6,567; Aid Cnty-Sheriffs $6,567; Aid Cnty-Register of Deeds, $2,425; Aid Cnty-Auditors $194,286; Aid Cnty-Treasurers $194,286; and Aid Cnty-Coroners $72,450; F03-Budget and Control Board: Operating Expenses $400,000; P24-Dept. of Natural Resources: Operating Expenses $300,000; H03-Commission on Higher Education: Palmetto Fellows Scholarships $200,000; H63-Dept. of Education: EFA $13,453,744; P32-Dept. of Commerce: Operating Expenses $750,000; and F30-Budget and Control Board, Employee Benefits: Non-recurring Employee Benefits Operating Expenses $2,000,000. The amount appropriated for Aid Cnty-Coroner shall be distributed by the Comptroller General to each county treasurer equally and shall be used as a salary supplement for each county coroner. The State Treasurer shall take custody of unclaimed property, reported before November 1, 2003 for the year ending June 30, 2003, as payable or distributable in the course of a demutualization of an insurance company, and deposit into the general

Printed Page 4000 . . . . . Wednesday, May 28, 2003

fund all monies received as abandoned property. Unclaimed property payable or distributable in the course of a demutualization of an insurance company is presumed abandoned five years after the earlier of the date: (1) of last contact with the policyholder; or (2) the property became payable or distributable. The first five million dollars realized from such demutualization of funds is appropriated in the following manner for the purposes stated: N12-Department of Juvenile Justice: $1,000,000 for Operating Expenses; and P28-Department of Parks, Recreation, and Tourism: $4,000,000 for Operating Expenses. Any amount realized from demutualization above the first five million dollars shall be appropriated in the following manner for the purposes stated: E28-Election Commission: $700,000 for HAVA Federal Match; F03-Budget and Control Board: $2,000,000 for Operating Expenses; L04-Department of Social Services: $2,300,000 for Operating Expenses for Child and Adult Services; and N12-Department of Juvenile Justice: $500,000 for Operating Expenses. Any additional revenues realized from demutualization shall be used to fund the State Employee Health Plan. The appropriations in this provision are contingent and therefore all items are to be funded on a pro-rata basis should revenue fall below the anticipated amount. Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and expended for the same purposes. No appropriation in this provision may be paid before the later of September 1, 2003, or the date the Comptroller General closes the state's books on Fiscal Year 2002-03. Appropriations in this provision resulting from demutualization shall be paid as soon as practicable after November 1, 2003. The Budget and Control Board is directed to transfer the amount of $1,300,000 from board reserve accounts to A01 Senate reserve account and the amount of $1,300,000 from board reserve accounts to A05 House revenue reserve account. The Comptroller General shall establish expenditure authorization for the amount transferred. Contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, the State Treasurer's Office shall transfer an amount equal to $6,767,866 from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the Department of Health and Human Services to be expended for Medicaid. All funds received by the State of South Carolina under Sections 401 and 601 of the Temporary State Fiscal Relief Act of the Jobs and Growth Tax Relief Act of 2003 shall be used only for the

Printed Page 4001 . . . . . Wednesday, May 28, 2003

special items as identified in the appropriations act. For funds received under Section 401, the funds shall be identified as Special Item(s)
Temporary State Fiscal Relief- FMAP and for funds received under Section 601, the funds shall be identified as the Special Item(s) as Temporary State Fiscal Relief- Government Services. The maximum funding to be provided for FY 03-04 under FMAP is $118,939,000 and under Government Services is $136,429,000. Funds received by the State under Sections 401 and 601 of the Temporary State Fiscal Relief Act may be carried forward, however, the funds must not be transferred to other programs. The Office of State Budget is directed to transfer the personnel, positions and funding of the Sentencing Guidelines Commission to other state agencies upon the authorization of the Chairman of the Sentencing Guidelines Commission. The Department of Health and Human Services must expend funds appropriated for Pharmaceutical Services without prior authorization or any other prescriptive restrictions on medications prescribed to treat schizophrenia, major depression, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American Psychiatry Association or hemophilia, diabetes, HIV/acquired immune deficiency syndrome, asthma, or cancer. The Department of Health and Human Services must provide $750,000 for Medicaid matching funds for ambulance services. Effective FY 2003-04, all monies collected in the Department of Public Safety Building Fund, Subfund 3324, that exceed the annual bond payment amount and repair and replacement fund must be utilized by the Department of Public Safety to support the Highway Patrol./
Amend the bill further, as and if amended, Part IB, Section 73, SECTION 73, page 504, paragraph 73.3, lines 13-36 and page 505, lines 1-3, by striking the paragraph in its entirety and inserting: /73.3. (Law Enforcement Funding) (A) In addition to all other assessments and surcharges, during Fiscal Year 2003-04, a twenty-five dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates' or municipal court for misdemeanor traffic offenses or for nontraffic violations. No portion of the surcharge may be waived, reduced, or suspended. (B)(1) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction, which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The State Treasurer may retain the actual cost associated with the collection of this surcharge not to exceed $40,000.

Printed Page 4002 . . . . . Wednesday, May 28, 2003

The State Treasurer shall allocate and transfer quarterly the remaining revenue as follows: 37.75% of these funds quarterly to the circuit solicitors in the manner hereinafter provided, 22.10% to the Department of Juvenile Justice for the Coastal Evaluation Center, for Assault Prevention, and other federal lawsuit related expenses, 15% to the State Law Enforcement Division for its general purposes, 15% to the Department of Corrections for its general purposes, 3.75% to the Attorney General's Office for its general purposes, 3.75% to the Judicial Department for its general purposes, 1.55% to the Department of Natural Resources for statewide police responsibilities, 1% to the Office Appellate Defense for its general purposes, and 0.10% to the Forestry Commission for statewide police responsibilities. The State Treasurer shall transmit the portion of these funds earmarked for the solicitors' offices to the Prosecution Coordination Commission which shall then apportion these funds among the circuit solicitors of this State on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds shall be used for the operation of the solicitors' offices, and the solicitor may use a portion of those funds to provide for drug courts in their judicial circuits. (2) The funds received by solicitors' offices pursuant to this paragraph in part are to replace the funds received by solicitors in the same year from judicial circuits state support pursuant to Paragraph 33.3 Judicial Circuits State Support. As a result and notwithstanding the provisions of item (1) above, the State Treasurer shall withhold funds received under this paragraph for the benefit of the solicitors and transmit seventy-five percent of the aforementioned funds to the Highway Patrol Division (DPS) to be used for a new trooper class and twenty-five percent of the aforementioned funds to the Judicial Department until such time as these deposits equal the amounts disbursed or to be disbursed to the solicitors under Paragraph 33.3 Judicial Circuits State Support. Thereafter, any such funds received for the benefit of the solicitors shall be disbursed to them in the manner required in item (1) above. (C) It is the intent of the General Assembly that the amounts generated by this paragraph for use by the solicitors' offices shall be in addition to any amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for these services by the county. (D) The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to

Printed Page 4003 . . . . . Wednesday, May 28, 2003

subsection (B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL moved to divide the question, which was agreed to.

QUESTION 1-- ADOPTED

Amend the bill, as and if amended, by striking the version of the bill as passed by the Senate and inserting the version of the bill as passed by the House of Representatives, and the text of that version is hereby incorporated into this amendment, with the following amendments to the House-passed version:

The question was adopted.

QUESTION 2-- ADOPTED

Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 14, after line 11, by inserting:

Column 7 Column 8

4,077,060 4,077,060
Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 90, after line 3, by inserting:

Column 7 Column 8

Federal Relief

Printed Page 4004 . . . . . Wednesday, May 28, 2003

Column 7 Column 8

197,905 197,905

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Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 159, line 25, opposite /Classified Positions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

Printed Page 4006 . . . . . Wednesday, May 28, 2003

Column 7 Column 8

21,783 21,783
Amend the bill further, as and if amended, Part IA, Section 31, SENTENCING GUIDELINES COMMISSION, page 190, line 10,

Printed Page 4007 . . . . . Wednesday, May 28, 2003

opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

8,939 8,939
Amend the bill further, as and if amended, Part IA, Section 47, DEPARTMENT OF INSURANCE, page 233, line 5, opposite /Classified Positions/ by decreasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

100,000 100,000

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Amend the bill further, as and if amended, Part IA, Section 47, DEPARTMENT OF INSURANCE, page 235, line 27, opposite /Employer Contributions/ by increasing the amount(s) in Columns 7 and 8 by:

Column 7 Column 8

Printed Page 4009 . . . . . Wednesday, May 28, 2003

Column 7 Column 8

18,716 18,716

Column 7 Column 8

13,646 13,646
Amend the bill further, as and if amended, Part IA, Section 61, ADJUTANT GENERAL'S OFFICE, page 282, after line 12, by inserting:

Column 7 Column 8
Funeral Caisson

100,000 100,000
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 337, paragraph 1.4, line 22, by striking /$1,643/ and inserting /$1,701/

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Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 349, paragraph 1.63, line 2, by adding at the end: /The Education Oversight Committee shall review the utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the State organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives. The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review. This review shall be provided to the members of the General Assembly annually./
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 356, paragraph 1A.24, lines 8-9, by striking /$4,701,751/ and inserting /$5,901,751/ and by striking /$3,146,056/ and inserting /$4,346,056/
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 361, paragraph 1A.42, lines 13-16, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 362, paragraph 1A.49, line 29, by adding at the end: /The Education Oversight Committee shall review the utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the State organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives. The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review. This review shall be provided to the members of the General Assembly annually./
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 363, paragraph 1AA.1, lines 3-36 and page 364, lines 1-3, by striking the paragraph in its entirety and inserting: /1AA.1. (LEA: Lottery Funds) There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and

Printed Page 4011 . . . . . Wednesday, May 28, 2003

not supplant existing funds for education. The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section. Additionally, for Fiscal Year 2003-04 the maximum amount of administrative expenses authorized pursuant to Section 59-150-350 is reduced from fifteen percent to no less than thirteen percent for the year, including retailer commissions in an amount of not less than seven percent of gross proceeds; and in addition to the amount of the net lottery proceeds and investment earnings that the Board of Economic Advisors has projected for Fiscal Year 2003-04, two percent of the actual gross lottery proceeds earned in Fiscal Year 2003-04 must be deposited in the Education Lottery Account and used for educational purposes. Further, and notwithstanding the provisions of Chapter 150 of Title 59 or any other provision of law, for Fiscal Year 2003-04, in addition to any other deposits of lottery proceeds required to be deposited in the Education Lottery Account pursuant to this paragraph or otherwise, an additional $1,800,000 of gross lottery proceeds also must be deposited in the Education Lottery Account and used for educational purposes. All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year and shall be used to support the appropriations contained herein. For Fiscal year 2003-04 certified net lottery proceeds and investment earnings of $173,000,000 and any other proceeds identified by this provision are appropriated as follows: Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $40,000,000; Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370, $6,294,176; Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20, $5,000,000; Commission on Higher Education--Need-Based Grants, 3,000,000; Tuitions Grants Commission--Tuition Grants, $3,000,000; Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,500,000; Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000; Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Schools, $10,000,000; Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $40,000,000; South Carolina State University--$3,000,000; State Library--Aid to County Libraries as provided in Section 59-150-350(D), $1,500,000; Department of Education--Education Accountability Act Increase, $23,503,683; and

Printed Page 4012 . . . . . Wednesday, May 28, 2003

Commission on Higher Education--Tuition Assistance Two-Year Institutions, $19,830,626. The funds appropriated to the Department of Education for the Education Accountability Act shall be used to provide: homework centers ($1,548,440); teacher specialist ($12,581,069); principal specialist ($2,270,302); external review teams ($1,466,872); Palmetto Gold/Silver Awards ($1,000,000); and retraining grants ($4,637,000). For Fiscal Year 2003-04 the Commission on Higher Education is appropriated the first $8,000,000 of unclaimed prize money for Tuition Assistance Two-Year Institutions. All lottery revenues generated in excess of the lottery projection, and in excess of funds estimated from unclaimed prizes are appropriated as follows: Sufficient funds will be appropriated to the Commission on Higher Education in order to fully fund the above listed $8,000,000 for Tuition Assistance Two-Year Institutions and the remainder is appropriated to the Department of Education for the purchase and repair of school buses. Fiscal Year 2003-2004 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and 2-year institutions as provided in Section 59-150-360. Fiscal Year 2003-2004 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for Fiscal Year 2003-2004 are fully funded. If the lottery revenue received for Fiscal Year 2003-04 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships. Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year./
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 364, paragraph 1AA.2, lines 4-6, by striking the paragraph in its entirety and inserting: /1AA.2. (LEA: Audit) Each state agency receiving lottery funds shall develop and implement procedures to monitor the expenditures of lottery funds in order to ensure that lottery funds are expended in accordance with applicable state laws, rules, and regulations. The Office of the State Auditor shall ensure that state agencies receiving lottery funds have procedures in place to monitor expenditures of

Printed Page 4013 . . . . . Wednesday, May 28, 2003

lottery funds and that the monitoring procedures are operating effectively./
Amend the bill further, as and if amended, Part IB, Section 21, FORESTRY COMMISSION, page 400, paragraph 21.5, lines 19-21, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 421, paragraph 36.27, lines 23 and 24, by striking /July/ and inserting /October/
Amend the bill further, as and if amended, Part IB, Section 58, SECRETARY OF STATE'S OFFICE, page 448, paragraph 58.4, lines 27-33, by striking the paragraph in its entirety and inserting: /58.4. (SS: UCC Filing Fees) For filings during the current fiscal year the fee for filing a UCC document in the Secretary of State's Office pursuant to Section 36-9-525(a) of the 1976 Code is:

(1) eight dollars if the record is communicated in writing and consists of one or two pages;

(2) ten dollars if the record is communicated in writing and consists of three pages and one dollar for each additional page after the third page; and

(3) ten dollars if the record is communicated by another medium authorized by filing-office rule.

Printed Page 4014 . . . . . Wednesday, May 28, 2003

county allocations for Fiscal Year ~~2001-02~~ 2002-03 during Fiscal Year ~~2002-03~~ 2003-04./
Amend the bill further, as and if amended, Part IB, Section 73, SECTION 73, beginning on page 501, line 35 and ending on page 504, line 12, by striking the paragraph in its entirety and inserting: /73.2. (Statewide Funding Requirements) The sources of general fund revenues appropriated in this provision are as follows: E16-State Treasurer's Office: $1,400,000 must be transferred to the general fund from Unclaimed Property Subfund 3879; E16-State Treasurer's Office: $3,938,054 must be transferred to the general fund from 911 Phone Surcharge Subfund 4955; E16-State Treasurer's Office: $3,284,872 Excess Debt Service from FY 2002-03 must be carried forward and credited to the general fund in FY 2003-04; E16-State Treasurer's Office: $5,583,000 must be transferred to the general fund from SC Housing Trust Fund Subfund 4070; R12-State Accident Fund: $10,806,184 must be transferred to the general fund from the State Accident Fund Subfund 4033; and E12-Comptroller General's Office: $2,400,000 must be transferred to the general fund from Unemployment Compensation Insurance Subfund 4007. Recognizing the fiscal difficulties facing South Carolina for the current budget year, the General Assembly intends to exercise its authority to redirect an amount of funds equivalent to the interest accrued or accruing on the herein named restricted accounts held by agencies of state government. Notwithstanding any other provisions of law, the State Treasurer shall transfer funds to the general fund from the following accounts: E16-State Treasurer's Office: $617 from Subfund 4066 Disaster Trust Fund; E16-State Treasurer's Office: $166,786 from Subfund 4070 SC Housing Trust Fund; E16-State Treasurer's Office: $3,032 from Subfund 4612 Asbestos Expense Trust; E16-State Treasurer's Office: $2,423,565 from Subfund 4693 Atmc Wste Brl Fd-Chm Nclr; E16-State Treasurer's Office: $4,987 from Subfund 4731 General Ser Ds-Gen Fund; E16-State Treasurer's Office: $1,086 from Subfund 4732 General Ser Ds-Ins Res Fund; E16-State Treasurer's Office: $1,780 from Subfund 4895 Confiscated Cash; E16-State Treasurer's Office: $352,638 from Subfund 4955 911 Phone Surcharge; E16-State Treasurer's Office: $297,341 from Subfund 43A8 Barnwell Economic Dev. Fd.; E23-Commission on Indigent Defense: $47,374 from Subfund 4313 Indigent Def Services Fund; F03-Budget and Control Board: $451 from Subfund 4153 Funded Debt-Sinking Fund; F03-Budget and Control Board: $12,142 from Subfund 4154 Ordinary Sinking Fund; F03-Budget and Control Board: $4,883 from Subfund

Printed Page 4015 . . . . . Wednesday, May 28, 2003

4190 Fed Surplus Property Fd; F03-Budget and Control Board: $33,306 from Subfund 4202 State Life & Ltd; F03-Budget and Control Board: $295,431 from Subfund 4343 SC Infrastructure Loan Fund; F03-Budget and Control Board: $3,960 from Subfund 4821 PVE-First Stage Restitution; J02-Dept. of Health & Human Services: $35,176 from Subfund 4176 Nursing Home Sanctions; J02-Dept. of Health & Human Services: $108,574 from Subfund 4508 Sr Cit Ctrs Perm Imp Fund; J04-Dept. of Health & Environmental Control: $193,983 from Subfund 4545 Waste Tire Grant Trust Fund; J04-Dept. of Health & Environmental Control: $84,335 from Subfund 4546 Petroleum Fund; J04-Dept. of Health & Environmental Control: $458,305 from Subfund 4641 Haz Waste-Permitted Site Fd; J04-Dept. of Health & Environmental Control: $50,602 from Subfund 4865 Solid Waste Mgmt Trust Fund; J04-Dept. of Health & Environmental Control: $76,208 from Subfund 4906 Superb Fin Responsibility; J04-Dept. of Health & Environmental Control: $9,210 from Subfund 4971 Infectious Waste Contingency Fd; J04-Dept. of Health & Environmental Control: $468,008 from Subfund 4984 SUPERB Account; J20-Dept. of Alcohol & Other Drug Abuse Services: $4,963 from Subfund 4784 Revolving Loan Fund; K05-Dept. of Public Safety: $23,641 from Subfund 4547 Uninsured Enforcement Fund; P16-Dept. of Agriculture: $103,269 from Subfund 4308 Whse. Receipts Guarantee; P16-Dept. of Agriculture: $128,420 from Subfund 4358 Grain Producers Guaranty Fund; P24-Dept. of Natural Resources: $6,781 from Subfund 4189 SC Aquatic Plant Man Tr Fd; P24-Dept. of Natural Resources: $4,962 from Subfund 4373 Nongame Wildlife & Natural Areas; P24-Dept. of Natural Resources: $185,843 from Subfund 4395 Mitigation Trust Fund; P24-Dept. of Natural Resources: $48,338 from Subfund 4520 Heritage Land Trust Fund; P24-Dept. of Natural Resources: $9,411 from Subfund 4795 Jocassee Gorges Trust Fund; P28-Dept. of Parks, Recreation & Tourism: $124,859 from Subfund 4126 PRT Development Fund; P28-Dept. of Parks, Recreation & Tourism: $82,176 from Subfund 4278 Recreation Land Trust; P28-Dept. of Parks, Recreation & Tourism: $21,612 from Subfund 4279 Gifts and Endowments Trust; P36-Patriot's Point Development Authority: $7,060 from Subfund 4049 Donations-Restricted; P36-Patriot's Point Development Authority: $83,667 from Subfund 4133 Admissions Revenue; R12-State Accident Fund: $779,526 from Subfund 4033 Workers' Comp Fund-Trust; R12-State Accident Fund: $3,200 from Subfund 4168 Escrow Funds; R36-Dept. of Labor, Licensing, & Regulation: $3,967 from Subfund 4592 Auctioneer

Printed Page 4016 . . . . . Wednesday, May 28, 2003

Recovery Fund; Y08-Public Railways Commission: $64,046 from Subfund 4813 E Cooper & Berkeley RR; and Y08-Public Railways Commission: $13,046 from Subfund 4816 Capital Improvement. The Executive Director of the Budget and Control Board is authorized to use excess appropriations for Fiscal Year 2003-2004, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes. At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent transfer into the receiving agency's base budget. Funds appropriated in F30, Section 63B, Budget and Control Board, Employee Benefits may be carried forward from the prior fiscal year into the current fiscal year. In order to provide maximum flexibility to maintain critical programs, for these transfers identified above to the general fund, an agency may, in lieu of the specific accounts identified above, opt to transfer an equal amount of funds from any agency earmarked or restricted account designated as "special revenue funds" as defined by the Comptroller General's records. The above listed funds are transferred to the General Fund of the State, and by this provision, these transfers are deemed to have occurred and, notwithstanding any other provision of law, these general fund revenues are available for appropriation as provided in this paragraph. Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year. Amounts transferred pursuant to this paragraph represent funds equivalent to the interest accrued or accruing only on state fund balances in earmarked and restricted accounts and if it is determined that any portion of the amount transferred is attributable to federal dollars that amount must be made up from the state fund earmarked and restricted fund balance. From the amount recouped from state agencies and transferred to the general fund pursuant to this proviso, there is appropriated for the fiscal year beginning July 1, 2003 and ending June 30, 2004, the following sums for the stated purposes: H03-Commission on Higher Education: Leadership Center Annualization $50,000; H03-Commission on Higher Education: GEAR-UP Annualization $600,000; H03-Commission on Higher Education: Performance Improvement Pool Allocation $284,151; H03-Commission on Higher Education: Higher Education Awareness Program (HEAP) $402,250; H03-Commission on Higher Education: SREB $341,456; H03-Commission on Higher Education: Lottery Scholarship Administration $100,000; H12-Clemson University: Center for Research of Wireless Communication $500,000; H27-University of South Carolina:

Printed Page 4017 . . . . . Wednesday, May 28, 2003

Materials Research Science & Engineering Center (Nano-Technology) $1,000,000; J02-Dept. of Health and Human Services: Medicaid $4,077,060; L04-Department of Social Services: Operating Expenses for Child and Adult Services $4,000,000; N12-Department of Juvenile Justice: Assault Prevention $1,183,041; E12-Comptroller General: GASB #34 Compliance $602,546; J12-Department of Mental Health: Crisis Stabilization $2,000,000; X12-Aid to Subdivisions-Comptroller General: $483,148 distributed as follows: Aid Cnty-Clerks of Court $6,567; Aid Cnty-Probate Judges $6,567; Aid Cnty-Sheriffs $6,567; Aid Cnty-Register of Deeds, $2,425; Aid Cnty-Auditors $194,286; Aid Cnty-Treasurers $194,286; and Aid Cnty-Coroners $72,450; F03-Budget and Control Board: Operating Expenses $400,000; P24-Dept. of Natural Resources: Operating Expenses $300,000; H03-Commission on Higher Education: Palmetto Fellows Scholarships $200,000; H63-Dept. of Education: EFA $13,453,744; P32-Dept. of Commerce: Operating Expenses $750,000; and F30-Budget and Control Board, Employee Benefits: Non-recurring Employee Benefits Operating Expenses $2,000,000. The amount appropriated for Aid Cnty-Coroner shall be distributed by the Comptroller General to each county treasurer equally and shall be used as a salary supplement for each county coroner. The State Treasurer shall take custody of unclaimed property, reported before November 1, 2003 for the year ending June 30, 2003, as payable or distributable in the course of a demutualization of an insurance company, and deposit into the general fund all monies received as abandoned property. Unclaimed property payable or distributable in the course of a demutualization of an insurance company is presumed abandoned five years after the earlier of the date: (1) of last contact with the policyholder; or (2) the property became payable or distributable. The first five million dollars realized from such demutualization of funds is appropriated in the following manner for the purposes stated: N12-Department of Juvenile Justice: $1,000,000 for Operating Expenses; and P28-Department of Parks, Recreation, and Tourism: $4,000,000 for Operating Expenses. Any amount realized from demutualization above the first five million dollars shall be appropriated in the following manner for the purposes stated: E28-Election Commission: $700,000 for HAVA Federal Match; F03-Budget and Control Board: $2,000,000 for Operating Expenses; L04-Department of Social Services: $2,300,000 for Operating Expenses for Child and Adult Services; and N12-Department of Juvenile Justice: $500,000 for Operating Expenses. Any additional revenues realized from demutualization shall be used to

Printed Page 4018 . . . . . Wednesday, May 28, 2003

fund the State Employee Health Plan. The appropriations in this provision are contingent and therefore all items are to be funded on a pro-rata basis should revenue fall below the anticipated amount. Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and expended for the same purposes. No appropriation in this provision may be paid before the later of September 1, 2003, or the date the Comptroller General closes the state's books on Fiscal Year 2002-03. Appropriations in this provision resulting from demutualization shall be paid as soon as practicable after November 1, 2003. The Budget and Control Board is directed to transfer the amount of $1,300,000 from board reserve accounts to A01 Senate reserve account and the amount of $1,300,000 from board reserve accounts to A05 House revenue reserve account. The Comptroller General shall establish expenditure authorization for the amount transferred. Contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, the State Treasurer's Office shall transfer an amount equal to $6,767,866 from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the Department of Health and Human Services to be expended for Medicaid. All funds received by the State of South Carolina under Sections 401 and 601 of the Temporary State Fiscal Relief Act of the Jobs and Growth Tax Relief Act of 2003 shall be used only for the special items as identified in the appropriations act. For funds received under Section 401, the funds shall be identified as Special Item(s)
Temporary State Fiscal Relief- FMAP and for funds received under Section 601, the funds shall be identified as the Special Item(s) as Temporary State Fiscal Relief- Government Services. The maximum funding to be provided for FY 03-04 under FMAP is $118,939,000 and under Government Services is $136,429,000. Funds received by the State under Sections 401 and 601 of the Temporary State Fiscal Relief Act may be carried forward, however, the funds must not be transferred to other programs. The Office of State Budget is directed to transfer the personnel, positions and funding of the Sentencing Guidelines Commission to other state agencies upon the authorization of the Chairman of the Sentencing Guidelines Commission. The Department of Health and Human Services must expend funds appropriated for Pharmaceutical Services without prior authorization or any other prescriptive restrictions on medications prescribed to

Printed Page 4019 . . . . . Wednesday, May 28, 2003

treat schizophrenia, major depression, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American Psychiatry Association or hemophilia, diabetes, HIV/acquired immune deficiency syndrome, asthma, or cancer. The Department of Health and Human Services must provide $750,000 for Medicaid matching funds for ambulance services. Effective FY 2003-04, all monies collected in the Department of Public Safety Building Fund, Subfund 3324, that exceed the annual bond payment amount and repair and replacement fund must be utilized by the Department of Public Safety to support the Highway Patrol./
Amend the bill further, as and if amended, Part IB, Section 73, SECTION 73, page 504, paragraph 73.3, lines 13-36 and page 505, lines 1-3, by striking the paragraph in its entirety and inserting: /73.3. (Law Enforcement Funding) (A) In addition to all other assessments and surcharges, during Fiscal Year 2003-04, a twenty-five dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates' or municipal court for misdemeanor traffic offenses or for nontraffic violations. No portion of the surcharge may be waived, reduced, or suspended. (B)(1) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction, which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The State Treasurer may retain the actual cost associated with the collection of this surcharge not to exceed $40,000. The State Treasurer shall allocate and transfer quarterly the remaining revenue as follows: 37.75% of these funds quarterly to the circuit solicitors in the manner hereinafter provided, 22.10% to the Department of Juvenile Justice for the Coastal Evaluation Center, for Assault Prevention, and other federal lawsuit related expenses, 15% to the State Law Enforcement Division for its general purposes, 15% to the Department of Corrections for its general purposes, 3.75% to the Attorney General's Office for its general purposes, 3.75% to the Judicial Department for its general purposes, 1.55% to the Department of Natural Resources for statewide police responsibilities, 1% to the Office Appellate Defense for its general purposes, and 0.10% to the Forestry Commission for statewide police responsibilities. The State Treasurer shall transmit the portion of these funds earmarked for the solicitors' offices to the Prosecution Coordination Commission which shall then apportion these funds among the circuit solicitors of this State on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most

Printed Page 4020 . . . . . Wednesday, May 28, 2003

recent official United States census. The funds shall be used for the operation of the solicitors' offices, and the solicitor may use a portion of those funds to provide for drug courts in their judicial circuits. (2) The funds received by solicitors' offices pursuant to this paragraph in part are to replace the funds received by solicitors in the same year from judicial circuits state support pursuant to Paragraph 33.3 Judicial Circuits State Support. As a result and notwithstanding the provisions of item (1) above, the State Treasurer shall withhold funds received under this paragraph for the benefit of the solicitors and transmit seventy-five percent of the aforementioned funds to the Highway Patrol Division (DPS) to be used for a new trooper class and twenty-five percent of the aforementioned funds to the Judicial Department until such time as these deposits equal the amounts disbursed or to be disbursed to the solicitors under Paragraph 33.3 Judicial Circuits State Support. Thereafter, any such funds received for the benefit of the solicitors shall be disbursed to them in the manner required in item (1) above. (C) It is the intent of the General Assembly that the amounts generated by this paragraph for use by the solicitors' offices shall be in addition to any amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for these services by the county. (D) The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B). The State Auditor is further authorized to conductthese examinations and the local jurisdiction is required to participate in and cooperate fully with the examination./
Renumber sections to conform.
Amend totals and titles to conform.

The question was adopted.

Rep. COTTY proposed the following Amendment No. 2A (Doc Name COUNCIL\NBD\11857AC03), which was adopted:
Amend the bill, as and if amended, Part IB Section 14 Commission for the Blind, by inserting an appropriately numbered paragraph at the end to read:
/14. __ (BLIND: Vending Facilities Program) For the current fiscal year, the provisions of Chapter 26, Title 43 of the 1976 Code pertaining to rules regulating vending facilities operated by persons who are blind do not apply to the South Carolina State Museum./

Printed Page 4021 . . . . . Wednesday, May 28, 2003

Renumber sections to conform.
Amend title to conform.

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

Reps. OTT, HARRELL and LUCAS proposed the following Amendment No. 3A (Doc Name h:\legwork\house\amend\council\ ggs\22246htc03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, by adding an appropriately numbered paragraph at the end to read:
/ 72._____(GP: Repayment of Loans) Pursuant to the loan agreement dated March 1, 2002, between the State Budget and Control Board and the Department of Commerce, beginning in fiscal year 2003-2004, the Department of Commerce shall repay the $3,000,000 loan from the Office of Local Government in four equal annual installments. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. LOURIE, J.E. SMITH, MCLEOD, PARKS, EMORY, J.M. NEAL and COBB-HUNTER proposed the following Amendment No. 4A (Doc Name h:\legwork\house\amend\council\bbm\ 9869sl03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, by adding an appropriately numbered paragraph to read:
/ 72. __ (Additional One-half Percent Sales Tax for EFA) Notwithstanding another provision of law, from July 1, 2003, through June 30, 2004, the State shall impose an additional sales tax equal to one-half percent of the gross proceeds of sale on every person engaged or continuing within this State in the business of selling tangible personal property at retail. Revenues generated by this additional one-half percent sales tax must be deposited in the general fund and be allocated one hundred percent to the EFA to increase the base student cost. /

Printed Page 4022 . . . . . Wednesday, May 28, 2003

Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOURIE explained the amendment.

POINT OF ORDER

Rep. COOPER raised the Point of Order that Amendment No. 4A was out of order in that it was in violation of Code Section 11-11-440(A) in that it attempted to create a permanent general tax increase.
Rep. LOURIE argued that the amendment created a sales tax increase for only a one-year period of time and was not a permanent general tax increase.
SPEAKER WILKINS stated that Amendment No. 4A was not in violation of Code Section 11-11-440(A) in that it did not provide for a general tax increase in the permanent provisions of the Appropriations Act and he overruled the Point of Order.

Rep. LOURIE continued speaking.
Rep. EMORY spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. QUINN spoke against the amendment.
Rep. J. R. SMITH spoke against the amendment.
Rep. SIMRILL spoke against the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.

Rep. YOUNG moved to table the amendment.

Rep. J. R. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 67; Nays 40

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Cooper                 Dantzler               Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Herbkersman

Printed Page 4023 . . . . . Wednesday, May 28, 2003

Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Littlejohn             Loftis                 Lucas
Mahaffey               McCraw                 Merrill
Neilson                Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Allen                  Anthony                Bales
Battle                 Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clark                  Clyburn
Coleman                Cotty                  Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               Hosey
Jennings               Lloyd                  Lourie
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Parks                  Rivers
Rutherford             Scott                  Sheheen
J. E. Smith            Snow                   Weeks
Whipper

Total--40

So, the amendment was tabled.

Printed Page 4024 . . . . . Wednesday, May 28, 2003

RECORD FOR VOTING

While working on House Bill 3586 in the Senate I missed a tabling vote on Rep. Joel Lourie's amendment to House Bill 3749 which would raise sales taxes by .05%. If I had been in the House Chamber, I would have voted yes to the tabling of the budget amendment to permanently raise taxes.

Rep. Allen Clemmons

Rep. SANDIFER moved cloture on the entire matter, which was agreed to.

Rep. QUINN proposed the following Amendment No. 5A (Doc Name h:\legwork\house\amend\council\ggs\22241htc03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, by striking paragraph 13.27 and inserting:
/ 13.27 (DSS: Integrated Children's Services Program-ICSP) (A) There is established within the Department of Health and Human Services the Office for Emotionally Disturbed Children. The director of the department shall employ a director for this office who shall serve at the pleasure of the director of the department. This office is responsible for policy, development, planning, and licensing and monitoring of emotionally disturbed children's services within its jurisdiction. The Director of the Office for Emotionally Disturbed Children is responsible for licensing, monitoring, and providing technical assistance and training for all providers of public and private group homes for emotionally disturbed children in this State. The director is responsible for providing for an effective and efficient system of services for emotionally disturbed children. The director shall provide for streamlined systems of licensing and monitoring providers while not compromising safety and quality of programs. The director is responsible for a direct billing system between providers and the department for all Medicaid residential, room, and board, and 'WRAP' services for emotionally disturbed children in this State. The following are transferred to the Office for Emotionally Disturbed Children:

(1) the Governor's Office, Children's Case Resolution System, as provided for in Article 19, Chapter 7, Title 20 of the 1976 Code;

Printed Page 4025 . . . . . Wednesday, May 28, 2003

(2) those sections of the Governor's Office, Continuum of Care For Emotionally Disturbed Children responsible for the program's policy development and oversight.

(B) Those sections of the Governor's Office, Continuum of Care for Emotionally Disturbed Children responsible for client and family services are transferred to the Department of Mental Health to be located within the department as determined by the Director of the Department of Mental Health.

(C) The Continuum of Care shall continue to provide the services and duties as set forth in Article 23, Chapter 7, Title 20 of the 1976 Code, for children who are not in the custody of the State. Funding appropriated to the Continuum of Care must not be transferred to other programs. When instructed by the State Budget and Control Board or the General Assembly to reduce funds by a certain percentage, funds appropriated for the Continuum of Care may not be reduced greater than the stipulated percentage.

(D) The Executive Director of the Budget and Control Board shall provide for the orderly transfer of appropriated funds for the entities affected by this reorganization consistent with the provisions of this paragraph. The Executive Director of the State Budget and Control Board and the agencies reporting to the Executive Director shall assist with the implementation of the reorganization provided for in this article, and the affected agencies shall cooperate with the executive director in the implementation of this reorganization. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. RUTHERFORD spoke against the amendment.
The amendment was then adopted.

Rep. J. E. SMITH proposed the following Amendment No. 6A (Doc Name h:\legwork\house\amend\council\ggs\22248htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, by adding an appropriately numbered paragraph at the end to read:

Printed Page 4026 . . . . . Wednesday, May 28, 2003

/ 72.____(GP: Revenue Authorizations) All revenue, to include that appropriated through a Part IB paragraph or other supplemental legislation, must be reflected and authorized by detail line item code in Part IA of the General Appropriations Bill. Changes in these authorizations may only be made in accordance with paragraph 72.14./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 71; Nays 26

Those who voted in the affirmative are:

Altman                 Anthony                Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Littlejohn
Loftis                 Lucas                  Mahaffey
McCraw                 Merrill                Owens
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker

Printed Page 4027 . . . . . Wednesday, May 28, 2003

White                  Whitmire               Wilkins
Witherspoon            Young

Total--71

Those who voted in the negative are:

Allen                  Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cobb-Hunter            Emory
J. Hines               Hosey                  Jennings
Lloyd                  Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
Neilson                Parks                  Rivers
Rutherford             Scott                  J. E. Smith
Weeks                  Whipper

Total--26

So, the amendment was tabled.

Rep. J. E. SMITH proposed the following Amendment No. 7A (Doc Name h:\legwork\house\amend\council\ggs\22247htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, by adding an appropriately numbered paragraph at the end to read:
/ 72.____(GP: Programmatic Budget) The Governor's budget recommendation and the reports of the House Ways and Means Committee and the Senate Finance Committee on the general appropriations bill for fiscal year 2004-2005 must contain a narrative regarding each agency and each program administered by the agency. The narrative must include mission, goals, statutory and regulatory basis of each program, and a brief history of the agency's administration of the program. Proposed appropriations for each agency must reflect an overall agency budget comprised of budget categories, but also must include amounts for debt service attributable to the agency and aid to political subdivisions provided by the agency. Additionally, the recommendation must identify specifically the source of funds for appropriations to the agency. Each separate program administered by an agency must be included in the recommendation with that program's share of each of the amounts appropriated for each

Printed Page 4028 . . . . . Wednesday, May 28, 2003

budget category and specific source of funds for the appropriations. The narratives must conform to a format established by the Office of State Budget for the State Budget and Control Board. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. COOPER moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 62; Nays 33

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Cooper                 Dantzler               Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Loftis                 Lucas
Mahaffey               McCraw                 Merrill
Owens                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Talley                 Taylor
Toole                  Townsend               Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon

Total--62

Printed Page 4029 . . . . . Wednesday, May 28, 2003

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Freeman
J. Hines               Hosey                  Jennings
Lee                    Lloyd                  Lourie
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             Neilson
Ott                    Parks                  Quinn
Rivers                 Rutherford             Scott
J. E. Smith            Tripp                  Weeks

Total--33

So, the amendment was tabled.

Rep. LEACH proposed the following Amendment No. 9A (Doc Name h:\legwork\house\amend\council\ggs\22250htc03.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, by adding an appropriately numbered paragraph at the end to read:
/ 72.____. (Hospital referenda) Notwithstanding any other provision of law, for political subdivisions of this State that were created to operate hospitals on a local or regional basis, which receive Medicaid funds to directly provide health care services, and whose governing body is not a county board, committee, or commission within the meaning of Section 4-9-170 of the 1976 Code, the ability to call for or conduct advisory or binding referenda regarding its activities shall rest solely with the governing board of the political subdivision and the governmental bodies which appoint the board, including a county legislative delegation. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LEACH explained the amendment.

Printed Page 4030 . . . . . Wednesday, May 28, 2003

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 9A was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W.D. SMITH sustained the Point of Order and ruled the amendment out of order.

SPEAKER IN CHAIR

Rep. WALKER proposed the following Amendment No. 10A (Doc Name h:\legwork\house\amend\council\gjk\20685sd03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, SECTION 1A, Paragraph 1A.30, beginning on line 28, page 356, by striking the paragraph in its entirety and inserting:
/ 1A.30. (SDE-EIA: XI.C.3-National Board Certification Incentive) Public school classroom teachers or classroom teachers who work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification. Teachers employed at the special schools shall be eligible for this $7,500 salary supplement. The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice, and Palmetto Unified School District 1. The $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate. The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven. Teachers who previously submitted a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act. ~~Of the funds appropriated in Part IA, Section 1 XI.C.3. for National Board Certification, the State Department of Education shall transfer to the~~

Printed Page 4031 . . . . . Wednesday, May 28, 2003

~~Center for Teacher Recruitment the funds necessary for the administration of the loan program.~~ In addition, teachers who are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification. National board certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contract status. Their recertification cycle will be consistent with national board certification. Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification. Teacher specialists remain eligible for state supplement for National Board certification. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WALKER explained the amendment.

Rep. HARRELL spoke against the amendment.

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

Yeas 75; Nays 12

Those who voted in the affirmative are:

Allen                  Altman                 Bales
Barfield               Battle                 Bingham
Bowers                 Branham                G. Brown
J. Brown               Ceips                  Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Delleney
Edge                   Freeman                Frye
Hagood                 Harrell                Harrison
Herbkersman            Hinson                 Hosey
Huggins                Jennings               Keegan
Kirsh                  Koon                   Leach
Lee                    Littlejohn             Lloyd
Loftis                 Lucas                  Mack
McCraw                 Merrill                Miller
Moody-Lawrence         J. H. Neal             Owens

Printed Page 4032 . . . . . Wednesday, May 28, 2003

Perry                  E. H. Pitts            Quinn
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Snow
Stewart                Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Viers
Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

Total--75

Those who voted in the negative are:

Anthony                Duncan                 Hamilton
Mahaffey               Neilson                Pinson
M. A. Pitts            Simrill                Sinclair
Stille                 Talley                 Walker

Total--12

So, the amendment was tabled.

Reps. TRIPP and HASKINS proposed the following Amendment No. 11A (Doc Name h:\legwork\house\amend\h-wm\009\step plan.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 352, after line 6, by adding an appropriately numbered paragraph to read:
/1. . (SDE: Step Plan) For Fiscal Year 2003-04, school districts may elect by a majority vote of the local board of trustees to be exempt from the requirement to pay the annual step increase in the teacher pay plan./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. TRIPP explained the amendment.

Rep. J. E. SMITH spoke against the amendment.
Rep. HARRELL spoke against the amendment.

Printed Page 4033 . . . . . Wednesday, May 28, 2003

Rep. HARRELL moved to table the amendment, which was agreed to.

Rep. LUCAS proposed the following Amendment No. 12A (Doc Name h:\legwork\house\amend\h-wm\009\gov inst.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5 , line 34, opposite /Governor's Institute of Reading/ by increasing the amount(s) in Column 5 by:

Column 7 Column 8

500,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6 , line 21, opposite /Palmetto Gold & Silver Awards/ by decreasing the amount(s) in Column 5 by:

Column 7 Column 8

500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LUCAS explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:

Yeas 61; Nays 30

Those who voted in the affirmative are:

Altman                 Bales                  Barfield
Bingham                Ceips                  Chellis
Clark                  Clemmons               Cooper
Cotty                  Edge                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Herbkersman            Hinson
Huggins                Kirsh                  Koon
Leach                  Littlejohn             Loftis
Mahaffey               McCraw                 Merrill

Printed Page 4034 . . . . . Wednesday, May 28, 2003

Owens                  Perry                  Pinson
E. H. Pitts            Quinn                  Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Thompson
Toole                  Townsend               Tripp
Trotter                Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

Total--61

Those who voted in the negative are:

Allen                  Anthony                Battle
Breeland               G. Brown               J. Brown
Clyburn                Cobb-Hunter            Delleney
Duncan                 Emory                  Freeman
Govan                  J. Hines               Hosey
Jennings               Lucas                  Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  M. A. Pitts
J. E. Smith            Taylor                 Whipper

Total--30

So, the amendment was tabled.

Rep. MILLER proposed the following Amendment No. 13A (Doc Name h:\legwork\house\amend\council\pt\1661mm03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, by adding an appropriately numbered paragraph at the end to read:
/ 8.___. (DHHS: Medicaid Fraud Whistleblower Protection) A person may not be dismissed, suspended from employment, demoted, subjected to reduction in compensation, harassed, or otherwise be caused to suffer personal or economic retaliation because the person

Printed Page 4035 . . . . . Wednesday, May 28, 2003

files a good faith report with an appropriate authority of wrongdoing in connection with the substantial abuse, misuse, destruction, or loss of Medicaid funds. If the report results in a saving of Medicaid funds from the abuses reported, the person making the report must be rewarded twenty-five percent of the estimated net savings, not to exceed two thousand dollars, as determined by the State Budget and Control Board. This paragraph does not supercede or suspend the operation of, and its protections are cumulative of those provided in, Sections 8-27-10 through 8-27-50. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

POINT OF ORDER

Rep. DUNCAN raised the Point of Order that Amendment No. 13A was out of order under Rule 5.3B in that the amendment was not germane to the Bill.
SPEAKER WILKINS stated that the amendment did meet the substantial effect requirements of Rule 5.3B and he therefore overruled the Point of Order.

The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 14A (Doc Name h:\legwork\house\amend\h-wm\009\tobacco funds dh.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 501, after line 21, by adding an appropriately numbered paragraph to read:
/72. . (GP: Tobacco Funds) The Tobacco Settlement Revenue Management Authority may determine by resolution that some or all of the amounts on deposit in the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170, whether in the form of principal or interest, may be used to refund bonds issued pursuant to Chapter 49 of Title 11, to purchase such bonds, directly or indirectly, and/or to secure bonds issued to refund such bonds. Any amounts received by the Authority pursuant to the preceding clause in excess of the amount required to refund or purchase such bonds and all tobacco settlement receipts received by the State pursuant to Section 11-49-130 must be deposited directly with the Department of Health and Human

Printed Page 4036 . . . . . Wednesday, May 28, 2003

Services for health care expenditures to achieve the maximum Medicaid match./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HARRELL proposed the following Amendment No. 15A (Doc Name h:\legwork\house\amend\council\gjk\20681sd03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 369, by striking Paragraph 5A.26, which begins on line 30 and inserting:
/ 5A.26. (CHE: Palmetto Fellows) Notwithstanding any other provision of law, any student who met the initial eligibility requirements to receive a Palmetto Fellows Scholarship Award as a Senior in high school and has met the continuing eligibility requirements shall receive the award. Any student that received a Palmetto Fellows Scholarship Award as a senior in High School but declined the award is eligible to reapply for the annual scholarship, providing he meets all of the initial and continuing academic eligibility requirements of the Palmetto Fellows program, if he transfers to a qualifying South Carolina institution of higher learning. The number of semesters or academic years a student attended an out of state institution are to be deducted from the number of semesters or academic years a student is eligible for the scholarship. All funding provided for Palmetto Fellows Scholarships regardless of its source or allocation shall be used to implement the provisions of this paragraph./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. YOUNG proposed the following Amendment No. 19A (Doc Name h:\legwork\house\amend\h-wm\009\sled.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 447, paragraph 35, line 23, by striking

Printed Page 4037 . . . . . Wednesday, May 28, 2003

the line in its entirety and inserting: /all initial alcoholic liquor, beer and wine license application fees shall be increased by one hundred dollars, all biennial alcoholic liquor, beer and wine beverage fees and/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. TAYLOR proposed the following Amendment No.20A (Doc Name h:\legwork\house\amend\h-wm\009\increaseefafederalrelief. doc), which was tabled:
Amend the bill, as and if amended, by amending amendment No. 1A, doc h:\legwork\house\amend\h-wm\009\house budget amendment, page 2, Federal Relief Money-EFA by striking /20,642,486/ and inserting /50,642,486/
Amend the bill further, as and if amended, by amending amendment No. 1A (Doc h:\legwork\house\amend\h-wm\009\house budget amendment, page 3, Federal Relief Money-Medicaid by striking /127,437,026/ and inserting /97,437,026/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. TAYLOR explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 61; Nays 36

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Breeland               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Cooper                 Cotty
Dantzler               Delleney               Edge
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Howard                 Keegan

Printed Page 4038 . . . . . Wednesday, May 28, 2003

Kirsh                  Leach                  Littlejohn
Lloyd                  Loftis                 Mack
McCraw                 Merrill                Moody-Lawrence
J. H. Neal             Ott                    Owens
Parks                  Perry                  Quinn
Rice                   Sandifer               Scarborough
Simrill                Skelton                G. M. Smith
J. R. Smith            Stewart                Stille
Townsend               Trotter                Vaughn
Viers                  Walker                 Weeks
Whipper                White                  Wilkins
Young

Total--61

Those who voted in the negative are:

Anthony                Bales                  Bowers
G. Brown               Duncan                 Emory
Freeman                Frye                   Hayes
Herbkersman            J. Hines               Hosey
Huggins                Jennings               Koon
Lucas                  Mahaffey               McLeod
J. M. Neal             Neilson                Pinson
E. H. Pitts            M. A. Pitts            Rivers
Scott                  Sinclair               D. C. Smith
G. R. Smith            J. E. Smith            W. D. Smith
Talley                 Taylor                 Thompson
Toole                  Tripp                  Umphlett

Total--36

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No.23A (Doc Name h:\legwork\house\amend\h-wm\009\72.3dpsofficers.doc), which was adopted:
Amend the bill, as and if amended, by amending amendment No. 1A(Doc h:\legwork\house\amend\h-wm\009\house budget amendment, page 51, paragraph 72.3 at the end of the paragraph, by striking: /to support the Highway Patrol./
and inserting: /to support Public Safety Officers./

Printed Page 4039 . . . . . Wednesday, May 28, 2003

Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HINSON proposed the following Amendment No. 24A (Doc Name h:\legwork\house\amend\h-wm\009\63.59 law mem.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 464, after line 29, by adding paragraph number 63.59 to read:
/63.59. (BCB: Law Enforcement Officers Memorial) Using funds appropriated to or transferred to the State Budget and Control Board for construction of the South Carolina Law Enforcement Officers Memorial, including private contributions for the project, and after obtaining the approval of the State House Committee for the design and location of the monument, the State Budget and Control Board shall proceed to construct the monument. Funds available to the board for this purpose shall not lapse and must be carried forward to succeeding fiscal years and used for the same purpose./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. QUINN proposed the following Amendment No. 16A (Doc Name h:\legwork\house\amend\h-wm\003\managedhealthcare.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 381, after line 22, by adding an appropriately numbered paragraph to read:
/8.__. (DHHS: Medicaid Health Management Initiatives) (A) Before January 30, 2004, the department of Health and Human Services must pilot two initiatives to manage and coordinate care.
(B) One initiative must be a mandatory risked based managed health care program in three geographic areas employing managed care organizations reimbursed with capitated payments established by an independent, third-party actuary. A managed care organization includes, but is not limited to, health care maintenance organizations

Printed Page 4040 . . . . . Wednesday, May 28, 2003

and primary care case management providers. (1) Subject to any applicable federal laws or regulations, Medicaid recipients who fall into an income eligible children and families coverage group and who live in the initiative's defined geographic areas must be enrolled with the managed health care organization of their choice prior to April 30, 2004. Recipients must have a sixty day period from initial enrollment to change from one participating organization to another but, otherwise, be enrolled for a period of not less than one year unless they become ineligible for Medicaid. The department is authorized to research and employ any enrollment measures necessary to ensure an appropriate distribution of recipients among participating organizations.

(2) To ensure competition, accountability, and the actuarial soundness of this initiative, the department must use objective actuarial standards to establish rates. Updates to rates will be based on actuarially sound business methods and available funding.

(3) The department must annually evaluate the effectiveness and cost savings for all organizations participating in this initiative. The department must contract with an independent, third-party actuary to conduct evaluations and for such other purposes as the department and this actuary may agree upon.

(4) Any organization participating in this initiative must meet all applicable state and federal laws and regulations and any additional standards issued by the department. In order to ensure accountability, providers must be held to any nationally recognized standards, including credentialing, quality improvement, network adequacy, outreach, and education. The department must consult with the South Carolina Department of Insurance to ensure consistency with community standards, network adequacy monitoring, and to avoid duplication of oversight cost.
(C) The other initiative must be a member-centered coordinated care model for specific Medicaid recipients in the traditional fee for service health delivery system to be implemented by the department. The model must employ care coordination techniques for multiple diseases and conditions. This model shall employ care coordination techniques for multiple diseases and conditions such that 60% of the likely health care costs of those recipients will be covered under this model.
(D) This program will be evaluated against the initiative described above in (B).

Printed Page 4041 . . . . . Wednesday, May 28, 2003

(E) The two health care initiatives must operate for a three-year period. If either initiative fails to demonstrate budget neutrality that initiative alone may be ended prior to the end of the three-year period. If both of the initiatives are operating by the end of the third year of the pilot, at least 40% of the statewide eligible enrollees must be participating in the two pilots. The department must annually evaluate the medical and economic effectiveness of each health delivery system participating in the pilot program. At the end of the three-year pilot program period, the department must provide the three annual evaluations and an executive summary of the findings to the Governor, the House Ways and Means Committee, and the Senate Finance Committee. The department must expeditiously apply for any federal waivers necessary to implement this pilot program. If necessary, all initiative implementation dates may be delayed to coincide with the effective date of such waivers. In addition to the two health care initiatives described above, the department must continue the voluntary health maintenance organization program currently in existence and must designate an independent, third-party actuary to establish risk-adjusted rates with annual updates based on actuarially sound business methods and available funding.
(F) The provisions of this section notwithstanding, any provider not participating in the pilot initiatives who provides emergency medical care to an initiative enrollee must be reimbursed at the Medicaid fee for service rate in effect at the time the care is provided. Reimbursement must be made by either the managed care organization, if their capitated rate includes hospital services, or by the department, if the managed care organization's capitated rate does not include hospital services./
Renumber sections to conform.
Amend totals and titles to conform.

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

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

RECURRENCE TO THE MORNING HOUR

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

Printed Page 4042 . . . . . Wednesday, May 28, 2003

REPORT OF STANDING COMMITTEE

Rep. FRYE, from the Saluda Delegation, submitted a favorable report on:

H. 3470 (Word version) -- Rep. Frye: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SALUDA SCHOOL DISTRICT ONE MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

H. 3470--ORDERED TO THIRD READING

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

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

REPORT OF STANDING COMMITTEE

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

S. 495 (Word version) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE

Printed Page 4043 . . . . . Wednesday, May 28, 2003

VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICERS, SO AS TO SHORTEN FROM FORTY-FIVE TO FIFTEEN DAYS THE NOTIFICATION PERIOD AND SPECIFY WHAT CONSTITUTES NOTICE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO AUTHORIZE A PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE INSTEAD OF THE APPROPRIATE LAW ENFORCEMENT OFFICER TO SELL THE ABANDONED VEHICLES AND PROVIDE FOR THE SALE; AND TO REPEAL SECTION 56-5-2522 RELATING TO A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER AUTHORIZES A VEHICLE OR AN OBJECT TO BE TOWED, WHETHER PUBLIC OR PRIVATE PROPERTY.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4319 (Word version) -- Reps. Quinn, E. H. Pitts, Huggins, Koon, Bingham, Frye and Toole: A CONCURRENT RESOLUTION PROUDLY RECOGNIZING AND HEARTILY CONGRATULATING THE POND BRANCH TELEPHONE COMPANY, NOW PBT TELECOM, ON THE ANNIVERSARY OF ITS MODEST BEGINNINGS IN LEXINGTON COUNTY AND ITS ONE HUNDRED-YEAR HISTORY OF PERSONAL SERVICE TO ITS LOCAL CUSTOMERS, COMMUNITIES, AND EMPLOYEES.

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

INTRODUCTION OF BILLS

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

H. 4320 (Word version) -- Rep. McLeod: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE

Printed Page 4044 . . . . . Wednesday, May 28, 2003

CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE THE SPECIFIC LIMIT OF TEN SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR A FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE MAXIMUM NUMBER OF SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR SUCH AN ASSESSMENT RATIO.
Referred to Committee on Ways and Means

H. 4321 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE FROM TEN TO SEVENTY-FIVE THE MAXIMUM NUMBER OF SHAREHOLDERS A CORPORATION MAY HAVE TO BE ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY.
Referred to Committee on Ways and Means

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 591:

S. 591 (Word version) -- Senators McConnell and Moore: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-75, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION; TO ADOPT THE UNITED STATES CENSUS OF 2000; TO REPEAL SECTIONS 1-1-730 AND 2-1-65, RELATING TO THE ADOPTION OF THE UNITED STATES CENSUS OF 1990 AND THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE WERE FORMERLY ELECTED; TO DESIGNATE THE

Printed Page 4045 . . . . . Wednesday, May 28, 2003

PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED PRIOR TO THE 2004 GENERAL ELECTION BE FROM THE SENATE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; TO PROVIDE THAT, IF THIS ACT IS INVALIDATED BY A COURT DECISION OR OBJECTED TO BY THE DEPARTMENT OF JUSTICE, THE HOUSE OF REPRESENTATIVES ELECTIONS IN 2004 SHALL BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; BY ADDING SECTION 2-1-45 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING IN THE 2004 GENERAL ELECTION; TO REPEAL SECTION 2-1-25 RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED; TO DESIGNATE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE OF REPRESENTATIVES REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED BEFORE THE 2004 GENERAL ELECTION BE FROM THE HOUSE OF REPRESENTATIVES DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; AND TO PROVIDE THAT IF ANY PART OF SECTION 2-1-45 IS DETERMINED TO BE NULL AND VOID EITHER BY A FAILURE TO RECEIVE PRECLEARANCE FROM THE DEPARTMENT OF JUSTICE OR BY ANY COURT OF COMPETENT JURISDICTION, SECTION 2-1-45 IS REPEALED, ALL PROVISIONS OF SECTION 2-1-45 BEING DECLARED TO BE NONSEVERABLE FROM THE OTHER.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

Printed Page 4046 . . . . . Wednesday, May 28, 2003

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 285:

Very respectfully,
President
Received as information.

S. 516--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

Columbia, S.C., May 28, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 516:

Printed Page 4047 . . . . . Wednesday, May 28, 2003

and asks for a Committee of Conference and has appointed Senators McGill, Peeler and Hayes of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. COOPER, CHELLIS and MILLER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 489:

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2003
Mr. Speaker and Members of the House:

Printed Page 4048 . . . . . Wednesday, May 28, 2003

The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Ryberg, Hutto and Ritchie of the Committee of Free Conference on the part of the Senate on S. 342:

S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.

Very respectfully,
President
Received as information.

S. 555--FREE CONFERENCE POWERS GRANTED

Rep. HARRISON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

Printed Page 4049 . . . . . Wednesday, May 28, 2003

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.

The yeas and nays were taken resulting as follows:

Yeas 102; Nays 0

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Govan
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               Hinson
Hosey                  Huggins                Jennings
Keegan                 Kirsh                  Koon
Leach                  Littlejohn             Lloyd
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Rivers
Rutherford             Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Snow                   Stewart                Stille

Printed Page 4050 . . . . . Wednesday, May 28, 2003

Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

Total--102

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. HARRISON, COLEMAN and G.M. SMITH to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 555--FREE CONFERENCE REPORT ADOPTED

S. 555 -- Free Conference Report
The General Assembly, Columbia, S.C., May 27, 2003

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

Printed Page 4051 . . . . . Wednesday, May 28, 2003

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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 14-7-1630 of the 1976 Code, as amended by Act 339 of 2002, is further amended to read:

"Section 14-7-1630. (A) The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

(1) crimes involving narcotics, dangerous drugs, or controlled substances, or any crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, and crimes involving obscenity or any attempt, aiding, abetting, solicitation, or conspiracy to commit any of the aforementioned crimes if the crimes are of a multi-county nature or have transpired or are transpiring or have significance in more than one county of this State;

(2) any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, any crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit any

Printed Page 4052 . . . . . Wednesday, May 28, 2003

crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;

(3) crimes involving the election laws including, but not limited to, those named offenses as specified in Title 7, or any common law crimes involving the election laws where not superseded, or any crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;

(4) crimes involving computer crimes, pursuant to Chapter 16, Title 16, or any conspiracy or solicitation to commit these crimes; ~~and~~

(5) crimes involving terrorism, or any conspiracy or solicitation to commit these crimes. Terrorism includes activities that:

(a) involve acts dangerous to human life that are a violation of the criminal laws of this State;

(b) appear to be intended to:

(i) intimidate or coerce a civilian population;

(ii) influence the policy of a government by intimidation or coercion; or

(iii) affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(6) 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.

(B) Whenever the Attorney General and the Chief of the South Carolina Law Enforcement Division consider it necessary and normal investigative or prosecutorial procedures are not adequate, the Attorney General may petition in writing to the Chief Administrative Judge of the judicial circuit in which he seeks to impanel a state grand jury for an order impaneling a state grand jury. This judge is referred to in this article as the impaneling judge. The petition must allege the type of offenses to be inquired into and, in the case of those offenses contained in subsection (A)(1), must allege that these offenses may be of a multi-county nature or have transpired or are transpiring or have significance in more than one county of the State. The petition in all instances must specify that the public interest is served by the impanelment.

(C) The impaneling judge, after due consideration of the petition, may order the impanelment of a state grand jury in accordance with the petition for a term of twelve calendar months. Upon petition by the

Printed Page 4053 . . . . . Wednesday, May 28, 2003

Attorney General, the then chief administrative judge of the judicial circuit in which a state grand jury was impaneled, by order, may extend the term of that state grand jury for a period of six months but the term of that state grand jury, including any extension thereof, shall not exceed two years.

(D) The chief administrative judge of the circuit wherein a state grand jury is sitting shall preside over that state grand jury during his tenure as chief administrative judge. The successor chief administrative judge shall assume all duties and responsibilities with regard to any state grand jury impaneled before his term, including, but not limited to, presiding over the state grand jury and ruling on petitions to extend its term. This judge is referred to in this article as the presiding judge.

(E) The presiding judge may discharge a state grand jury prior to the end of its original term or any extension thereof, upon a determination that its business has been completed or upon the request of the Attorney General.

(F) If, at any time within the original term of any state grand jury or any extension thereof, the presiding judge determines that the state grand jury is not conducting investigative activity within its jurisdiction or proper investigative activity, the presiding judge may limit the investigation so that the investigation conforms with the jurisdiction of the state grand jury and existing law or he may discharge the state grand jury. An order issued pursuant to this subsection or under subsection (E) shall not become effective less than ten days after the date on which it is issued and actual notice given to the Attorney General and the foreman of the state grand jury, and may be appealed by the Attorney General to the Supreme Court. If an appeal from the order is made, the state grand jury, except as is otherwise ordered by the Supreme Court, shall continue to exercise its powers pending disposition of the appeal."
SECTION 2. Section 35-1-220 of the 1976 Code, as amended by Act 419 of 1998, is further amended to read:

"Section 35-1-220. (A) The Attorney General may retain the first one million five hundred thousand dollars from fee revenues collected pursuant to this chapter to be used for the operations of the Securities Division. The Attorney General is authorized to transfer to the South Carolina Law Enforcement Division two hundred thousand dollars after retaining the first one million five hundred thousand dollars collected pursuant to this chapter to be retained, expended, and carried forward for the provision of investigators for the State Grand Jury. The

Printed Page 4054 . . . . . Wednesday, May 28, 2003

funds transferred to the State Law Enforcement Division must be used only for purposes of the State Grand Jury, and may not be transferred to any other program or used for any other purpose.

(B) The Attorney General may retain the first two hundred fifty thousand dollars received by the Division of Securities in a fiscal year in settlement of litigation enforcement action and reimbursements of expenses arising from violations under this chapter to offset investigative, ~~prosecutive~~ prosecutorial, and administrative costs of enforcing this chapter."
SECTION 3. Section 35-1-430 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:

"Section 35-1-430. Every broker-dealer, ~~and broker-dealer agent~~ investment advisor registration, and every federally-covered advisor notice filing, expires at midnight on the last day of the calendar year in which it became effective unless renewed. ~~Every investment adviser registration and federal covered adviser notice filing expires two years from its effective date unless renewed and, unless~~ Unless renewed prior to expiration, every broker-dealer agent and investment adviser representative registration expires at the same time the registration or notice filing of the associated broker-dealer, investment adviser, or ~~federal covered~~ federally-covered adviser would expire if not renewed."
SECTION 4. Section 35-1-480 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:

"Section 35-1-480. (A) Every applicant for initial or renewal registration as a broker-dealer, broker-dealer agent, investment adviser, or investment adviser representative ~~shall~~ must pass one or more examinations, pay a registration fee, and meet other requirements as required by the securities commissioner.

(B) Except with respect to ~~federal covered~~ federally-covered advisers whose only clients are those described in Section 35-1-420(1)(a), a ~~federal covered~~ federally-covered adviser ~~shall~~ must file with the commissioner, prior to acting as a ~~federal covered~~ federally-covered adviser in this State, such documents filed with the Securities and Exchange Commission or such other notice filing document, as the commissioner may by rule or otherwise require, together with ~~such~~ the notice fee and consent to service of process as the commissioner, by rule or otherwise, ~~may require~~ requires. The notice filing provisions under this subsection ~~shall~~ expire as provided in Section 35-1-430.

Printed Page 4055 . . . . . Wednesday, May 28, 2003

(C) The following filing fees ~~shall~~ remain in effect for all initial, renewal, and notice filings described in subsections (A) and (B) of this section unless and until the securities commissioner promulgates a rule or order establishing different fees:

(1) broker-dealer: three hundred ten dollars;

(2) agent: one hundred ten dollars;

(3) investment adviser and ~~federal covered~~ federally-covered adviser: ~~four~~ two hundred ten dollars;

(4) investment adviser representative: ~~one hundred~~ fifty-five dollars.

(D) When an application is denied or withdrawn, the filing fee must not be refunded."
SECTION 5. Section 35-1-1100 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:

"Section 35-1-1100. (a) The securities commissioner, by rule or order, may require the filing of any or all of the following documents with respect to a ~~federal covered~~ federally-covered security under Section 18(b)(2) of the Securities Act of 1933:

(1) Prior to the initial offer of ~~such federal covered~~ the federally-covered security in this State, all documents that are part of a current federal registration statement filed with the United States Securities and Exchange Commission under the Securities Act of 1933 or a notice form adopted by the securities commissioner in lieu thereof, together with a consent to service of process signed by the issuer and a notice filing fee of five hundred forty-six dollars.

(2) After the initial offer of ~~such federal covered~~ the federally-covered security in this State, all documents that are part of an amendment to a current federal registration statement filed with the United States Securities and Exchange Commission under the Securities Act of 1933, or a notice form adopted by the securities commissioner in lieu thereof which ~~shall~~ must be filed concurrently with the securities commissioner.

(3) All notice filings for ~~federal covered~~ federally-covered securities are effective upon receipt by the commission, unless another date is requested by the issuer. These filings are effective for twelve months. If securities are to be offered beyond this twelve-month period, the issuer must file an annual notice filing consisting of any documents that the securities commissioner, by rule or otherwise, ~~may require~~ requires and a fee of five hundred forty-six dollars. The renewal notice filing ~~shall be~~ is effective upon the expiration of the prior filing period.

Printed Page 4056 . . . . . Wednesday, May 28, 2003

(4) Amendments to a notice filing are effective upon receipt by the securities commissioner. Termination of a notice filing is effective upon receipt by the securities commissioner of notice of the termination.

(b) With respect to any security that is a ~~federal covered~~ federally-covered security under Section 18(b)(4)(D) of the Securities Act of 1933, the securities commissioner, by rule or order, may require the issuer to file a notice on SEC Form D and a consent to service of process signed by the issuer no later than fifteen (15) days after the first sale of ~~such federal covered~~ the federally-covered security in this State, together with a fee of three hundred dollars.

(c) The securities commissioner, by rule or order, may require the filing of any document filed with the United States Securities and Exchange Commission under the Securities Act of 1933 with respect to a ~~federal covered~~ federally-covered security under Section 18(b)(3) or (4) of the Securities Act of 1933, together with a filing fee of twenty-five dollars.

(d) The securities commissioner may issue a stop order suspending the offer and sale of a ~~federal covered~~ federally-covered security, except a ~~federal covered~~ federally-covered security under Section 18(b)(1) of the Securities Act of 1933, if he finds that: (1) the order is in the public interest, and (2) there is a failure to comply with any condition established under this section.

(e) The securities commissioner, by rule or order, may modify, change, or waive any or all of the provisions of this section."
SECTION 6. Section 35-1-1530 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:

"Section 35-1-1530. No person may sue under ~~Sections~~ Section 35-1-1490 ~~and~~ or 35-1-1500 more than three years after the contract of sale, except that in cases involving a violation of Section 35-1-1490(2), where the cause of action accrues on or after July 1, 2003, 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 exercise of reasonable diligence. No person may sue under either section ~~(a)~~ if the buyer received:

(a) a written offer, before suit and at a time when he owned the security, to refund the consideration paid together with interest at six percent per year from the date of payment, less the amount of any income received on the security, and he failed to accept the offer within thirty days of its receipt; or

Printed Page 4057 . . . . . Wednesday, May 28, 2003

(b) ~~if the buyer received such an~~ the offer before suit and at a time when he did not own the security, unless he rejected the offer in writing within thirty days of its receipt."
SECTION 7. The Office of the Attorney General is hereby authorized to collect the following security fees which shall remain in effect for all initial, renewal, and notice filings described in subsections (A) and (B) of Section 35-1-480 unless and until the securities commissioner promulgates a rule or order establishing different fees:

(1) Broker-dealer: three hundred ten dollars annually;

(2) Broker-dealer agent: one hundred ten dollars annually;

(3) Investment advisors and ~~federal covered~~ federally-covered advisors: two hundred ten dollars annually;

(4) Investment advisor representatives: fifty-five dollars annually;

(5) ~~Federal covered~~ Federally-covered securities (Mutual Funds): five hundred forty-six dollars annually.

The Office of the Attorney General is hereby authorized to collect, retain, expend, and carry forward one million five hundred thousand dollars from fee revenues collected pursuant to Section 35 to be used for the operations of the Securities Division. The Attorney General is authorized to transfer to the South Carolina Law Enforcement Division two hundred thousand dollars after retaining the first one million five hundred thousand dollars collected from security fees to be retained, expended, and carried forward for the provision of investigators for the State Grand Jury. The funds transferred to the State Law Enforcement Division must be used only for purposes of the State Grand Jury, and must not be transferred to any other program or used for any other purpose.
SECTION 8. This act takes effect upon approval of the Governor. /

Amend title to conform.

Larry A. Martin                   James H. Harrison
C. Bradley Hutto                  G. Murrell Smith, Jr.
James H. Ritchie                  Creighton B. Coleman
On Part of the Senate.            On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 555--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in

Printed Page 4058 . . . . . Wednesday, May 28, 2003

each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

MOTION ADOPTED

Rep. HASKINS moved that the House recede pending the receipt of messages from the Senate and upon the completion of the Ratification of Acts, the House stand adjourned no later than 7:00 p.m., which was agreed to.

H. 3749--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 28, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3749:

Very respectfully,
President

On motion of Rep. HARRELL, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HARRELL, KIRSH and RICE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2003
Mr. Speaker and Members of the House:

Printed Page 4059 . . . . . Wednesday, May 28, 2003

The Senate respectfully informs your Honorable Body that it has appointed Senators Leatherman, Matthews and Alexander of the Committee of Conference on the part of the Senate on H. 3749:

Very respectfully,
President
Received as information.

RATIFICATION OF ACTS

At 6:40 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R88, S. 10 (Word version)) -- Senators Ravenel, Mescher and Grooms: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2004 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.

(R89, S. 36 (Word version)) -- Senators Knotts, Moore, J. V. Smith, Elliott, Ravenel, Reese, Short, Setzler and Courson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS, TO DEFINE CERTAIN TERMS, AND TO PROVIDE PENALTIES.

(R90, S. 107 (Word version)) -- Senators Hayes, Ritchie and Ravenel: AN ACT TO AMEND SECTION 6-4-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO ELEVEN, BY

Printed Page 4060 . . . . . Wednesday, May 28, 2003

ADDING ONE MEMBER ON THE RECOMMENDATION OF THE SOUTH CAROLINA ARTS COMMISSION, AND ONE MEMBER AT LARGE TO BE APPOINTED BY THE GOVERNOR.

(R91, S. 204 (Word version)) -- Senators McConnell, Martin and Knotts: AN ACT 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 IN A MANNER THAT DOES NOT CONFLICT WITH OTHER PROVISIONS OF LAW AND IS CONSISTENT WITH THE DIVISION'S RULES OF PROCEDURE; 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; 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 PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-840, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-890, RELATING TO AN APPEAL TO A BOARD OF ARCHITECTURAL REVIEW, 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 6-29-900, RELATING TO AN APPEAL FROM A BOARD OF

Printed Page 4061 . . . . . Wednesday, May 28, 2003

ARCHITECTURAL REVIEW TO THE CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; BY ADDING SECTION 6-29-915 SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION; TO AMEND SECTION 6-29-920, RELATING TO THE NOTICE OF APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-930, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-1150, RELATING TO AN APPEAL FROM A DECISION OF A PLANNING COMMISSION, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION THAT, WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET, AND THAT, IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; BY ADDING SECTION 6-29-1155 SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A PLANNING COMMISSION DECISION; AND BY ADDING ARTICLE 9 TO CHAPTER 29, TITLE 6 SO AS TO PROVIDE EDUCATIONAL REQUIREMENTS FOR ZONING OFFICIALS AND EMPLOYEES AND TO CREATE AN ADVISORY COMMITTEE TO APPROVE COURSES FOR ORIENTATION AND CONTINUING EDUCATION PROGRAMS.

(R92, S. 228 (Word version)) -- Senator McConnell: AN ACT TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, BY ADDING SECTION 61-6-710, ESTABLISHING A

Printed Page 4062 . . . . . Wednesday, May 28, 2003

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, 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 ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE; BY AMENDING SECTION 61-6-1500, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF ALCOHOLIC LIQUORS, SO AS TO AUTHORIZE A DEALER TO SELL ALCOHOLIC LIQUORS IN CONTAINERS OF ONE HUNDRED MILLITERS; BY ADDING SECTION 61-4-745 SO AS TO AUTHORIZE A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE AND IS A LEGAL RESIDENT OF THE STATE TO HAVE SHIPPED OR TRANSPORTED FROM A MANUFACTURER OF WINE UP TO TWENTY-FOUR BOTTLES OF WINE EACH MONTH FOR HIS OWN CONSUMPTION WITHOUT ACQUIRING PERMITS OR LICENSES; BY ADDING SECTION 61-4-747 SO AS TO AUTHORIZE A MANUFACTURER OF WINE WITHIN OR OUTSIDE THIS STATE THAT HOLDS A WINE PRODUCER AND

Printed Page 4063 . . . . . Wednesday, May 28, 2003

BLENDERS BASIC PERMIT ISSUED IN ACCORDANCE WITHIN THE FEDERAL ALCOHOL ADMINISTRATION ACT TO SHIP TO A RESIDENT OF THIS STATE WHO IS AT LEAST TWENTY-ONE YEARS OF AGE UP TO TWENTY-FOUR BOTTLES OF WINE FOR HIS PERSONAL USE AND TO PROVIDE THE CONDITION UNDER WHICH THIS SHIPMENT MUST BE MADE; BY AMENDING SECTION 12-21-1610, RELATING TO THE PROHIBITION AGAINST SHIPPING BEER AND WINE INTO THIS STATE EXCEPT TO A LICENSED BEER AND WINE WHOLESALE DISTRIBUTOR, SO AS TO DELETE THE PROVISIONS WHICH PERMITTED AN INDIVIDUAL TO IMPORT BEER AND WINE INTO THIS STATE FOR PERSONAL USE AND CONSUMPTION; AND TO AMEND SECTION 61-2-80, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO REGULATE THE OPERATION OF RETAIL LOCATIONS AUTHORIZED TO SELL BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO PROVIDE THAT THE DEPARTMENT OCCUPIES THE ENTIRE FIELD OF BEER, WINE, AND LIQUOR REGULATION EXCEPT AS IT RELATES TO HOURS OF OPERATION MORE RESTRICTIVE THAN THOSE SET FORTH IN TITLE 61.

(R93, S. 334 (Word version)) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON AUGUST 9, 2002, BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL, TAMASSEE-SALEM MIDDLE SCHOOL, AND TAMASSEE-SALEM HIGH SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO WATERLINE PROBLEMS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R94, S. 425 (Word version)) -- Senators Setzler and Knotts: AN ACT TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON 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

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RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

(R95, S. 438 (Word version)) -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37, RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE "SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT", TO DEFINE THE SUBJECT LOANS, TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES, TO REQUIRE A HIGH-COST HOME LOAN LENDER TO ENSURE THAT THE BORROWER RECEIVES THE OPPORTUNITY FOR LOAN COUNSELING AND IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS, TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN, TO PROVIDE FOR CERTAIN DISCLOSURES TO THE BORROWER BEFORE THE LOAN IS MADE, TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, THE DIRECTOR OF THE CONSUMER FINANCE DIVISION, OR A PARTY TO THE LOAN, TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN RESTRICTIONS AND PROHIBITIONS INCLUDING ATTORNEY'S FEES, TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER, TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING RESTRICTIONS ON THE CHARGING OF POINTS AND FEES AND THE PROHIBITION OF "FLIPPING" A LOAN, FINANCING CERTAIN INSURANCE PREMIUMS, AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN, TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS, TO PROVIDE FOR PENALTIES AND REMEDIES INCLUDING ATTORNEY'S FEES; TO PROVIDE FOR

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REPAYMENT WITHOUT PENALTY OF CERTAIN LOANS; TO PROVIDE FOR DISCLOSURE OF THE AMOUNT THE LENDER EARNS FROM THE LOAN; TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A LENDER; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME, TO INCREASE THE PENALTY AMOUNT, AND TO PROHIBIT CLASS ACTIONS; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT, IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; TO AMEND SECTION 37-3-103, RELATING TO DEFINITIONS FOR PURPOSES OF CONSUMER PROTECTION, BY DEFINING "SHORT-TERM VEHICLE SECURED LOAN"; TO ADD SECTION 37-3-413 SO AS TO PROVIDE THAT CERTAIN RESTRICTIONS APPLY TO A CONSUMER LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN TWO HUNDRED FORTY DAYS INCLUDING DISCLOSURE REQUIREMENTS, PROHIBITION ON PREPAYMENT

Printed Page 4066 . . . . . Wednesday, May 28, 2003

PENALTIES, AND LIMITS ON RENEWALS; TO ADD SECTION 40-58-78 SO AS TO PRESCRIBE AND PROHIBIT CERTAIN ACTS BY A MORTGAGE BROKER OR ORIGINATOR; AND TO ADD SECTION 34-1-140 SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION OF THIS STATE MAY NOT REGULATE LENDING AND FINANCIAL ACTIVITIES OF CERTAIN ENTITIES.

(R96, S. 550 (Word version)) -- Senator Leatherman: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE AND THE STATE TREASURER'S OFFICE TO ADJUST MISALLOCATIONS OF LOCAL OPTION SALES TAX REVENUE COLLECTIONS AND DISTRIBUTIONS IN FISCAL YEAR 2001-2002 DURING THE SUCCEEDING TWO FISCAL YEARS FOR THE PURPOSE OF PROVIDING A ONETIME CORRECTED BASE FOR THE USE OF THE STATE TREASURER'S OFFICE IN CALCULATING FUTURE DISTRIBUTIONS AND PROVIDE THE MANNER IN WHICH THE STATE TREASURER'S OFFICE SHALL USE THE ADJUSTED AMOUNT FOR FUTURE DISTRIBUTIONS.

(R97, S. 591 (Word version)) -- Senators McConnell and Moore: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-75, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION; TO ADOPT THE UNITED STATES CENSUS OF 2000; TO REPEAL SECTIONS 1-1-730 AND 2-1-65, RELATING TO THE ADOPTION OF THE UNITED STATES CENSUS OF 1990 AND THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE WERE FORMERLY ELECTED; TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED PRIOR TO THE 2004 GENERAL ELECTION BE FROM THE SENATE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; TO PROVIDE THAT, IF THIS ACT IS INVALIDATED BY A COURT DECISION OR OBJECTED TO BY THE DEPARTMENT OF JUSTICE, THE HOUSE OF

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REPRESENTATIVES ELECTIONS IN 2004 SHALL BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; BY ADDING SECTION 2-1-45 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING IN THE 2004 GENERAL ELECTION; TO REPEAL SECTION 2-1-25 RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED; TO DESIGNATE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE OF REPRESENTATIVES REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED BEFORE THE 2004 GENERAL ELECTION BE FROM THE HOUSE OF REPRESENTATIVES DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; AND TO PROVIDE THAT IF ANY PART OF SECTION 2-1-45 IS DETERMINED TO BE NULL AND VOID EITHER BY A FAILURE TO RECEIVE PRECLEARANCE FROM THE DEPARTMENT OF JUSTICE OR BY ANY COURT OF COMPETENT JURISDICTION, SECTION 2-1-45 IS REPEALED, ALL PROVISIONS OF SECTION 2-1-45 BEING DECLARED TO BE NONSEVERABLE FROM THE OTHER.

(R98, 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 DEPARTMENT OF CORRECTIONS IN MANAGING INMATE POPULATION CONSISTENT WITH PUBLIC SAFETY, TO PROVIDE FOR THE COMMITTEE TO MAKE A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR NO LATER THAN JANUARY 14, 2004, AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, ITS DUTIES, EXPENSES, AND STAFFING.

Printed Page 4068 . . . . . Wednesday, May 28, 2003

(R99, S. 657 (Word version)) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R100, S. 678 (Word version)) -- Senator Richardson: AN ACT TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO PROVIDE FOR THE ELECTION INSTEAD OF THE APPOINTMENT OF ITS COMMISSIONERS.

(R101, H. 3436 (Word version)) -- Reps. Young, Chellis, Bailey and Harrell: AN ACT TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.

(R102, H. 3630 (Word version)) -- Reps. McLeod and Duncan: AN ACT TO ENACT THE NEWBERRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN NEWBERRY COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

(R103, H. 3631 (Word version)) -- Reps. McLeod and Duncan: AN ACT TO AMEND ACT 189 OF 1957, RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF NEWBERRY COUNTY TO SELL SURPLUS SCHOOL PROPERTY AND RATIFYING

Printed Page 4069 . . . . . Wednesday, May 28, 2003

EARLIER SALES MADE BY THE BOARD, SO AS TO DELETE THE PROVISION RELATING TO THE DISPOSITION OF PROPERTY.

(R104, H. 3673 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 20-7-776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO FURTHER SPECIFY PROCEDURES FOR THESE HEARINGS; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO SHOW COMPELLING REASONS FOR A PERMANENCY PLAN THAT DOES NOT REUNITE A CHILD WITH HIS PARENTS OR A RELATIVE AND DOES NOT TERMINATE PARENTAL RIGHTS AND TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR APPROVING SUCH A PLAN; AND TO FURTHER SPECIFY THE COURT'S AUTHORITY AND STANDARDS THAT MUST BE MET AFTER ADOPTION VIABILITY IS CONSIDERED, FOSTER CARE IS CONTINUED, AND TERMINATION OF PARENTAL RIGHTS IS NOT INITIATED; TO AMEND SECTION 20-7-768, RELATING TO STANDARDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR NOT INITIATING TERMINATION OF PARENTAL RIGHTS UNDER CERTAIN CIRCUMSTANCES, RATHER THAN PRESUMING THAT SUCH CIRCUMSTANCES IN AND OF THEMSELVES ARE COMPELLING REASONS; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINT REVIEWS OF FOSTER CARE LICENSE APPLICANTS, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO ISSUE TEMPORARY LICENSES PENDING RECEIPT OF THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION REVIEW.

(R105, H. 3945 (Word version)) -- Rep. G. Brown: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE SCHOOL DISTRICT OF LEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

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(R106, H. 3990 (Word version)) -- Reps. Limehouse, Hagood, Breeland, Ceips, Hamilton, Harrell, Mack and Scarborough: AN ACT TO AMEND ARTICLE 62, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARTIFICIAL REEF SPECIAL LICENSE PLATE, SO AS TO RENAME IT THE "SALTWATER FISHING" SPECIAL LICENSE PLATE, AND PROVIDE THAT THE PORTION OF THE PROCEEDS COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE THAT WAS USED TO SUPPORT ARTIFICIAL REEF DEVELOPMENT, MAINTENANCE, AND MANAGEMENT MUST BE USED TO MANAGE AND CONSERVE THE MARINE RESOURCES OF THIS STATE.

(R107, H. 4007 (Word version)) -- Rep. Bingham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-82 SO AS TO SPECIFY CERTAIN FUNCTIONS AND PROCEDURES THAT MAY NOT BE DELEGATED TO DENTAL HYGIENISTS; TO AMEND SECTION 40-15-85, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE LICENSURE AND REGULATION OF DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE THE DEFINITION OF "GENERAL SUPERVISION" AND "ORAL PROPHYLAXIS"; BY ADDING SECTION 40-15-102 SO AS TO SPECIFY CERTAIN FUNCTIONS THAT A DENTAL HYGIENIST MAY ONLY PERFORM UNDER GENERAL SUPERVISION IN A PRIVATE OFFICE SETTING; AND TO AMEND SECTION 40-15-110, RELATING TO CERTAIN EXEMPTIONS FROM THE REQUIREMENTS OF CHAPTER 15, TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE PROVISIONS PERTAINING TO DENTAL HYGIENISTS PROVIDING SERVICES IN A PUBLIC HEALTH SETTING.

(R108, H. 4091 (Word version)) -- Rep. Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS

Printed Page 4071 . . . . . Wednesday, May 28, 2003

MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R109, H. 4092 (Word version)) -- Rep. Ott: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY LOCATED AT 220 BYNUM STREET IN ST. MATTHEWS, SOUTH CAROLINA, TO THE TOWN OF ST. MATTHEWS.

(R110, H. 4118 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ELEVEN MILL INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, AND ENDING JUNE 30, 2004; EIGHT OF WHICH MUST BE USED FOR SCHOOL OPERATIONS AND THREE FOR DEBT SERVICE.

(R111, H. 4149 (Word version)) -- Rep. Anthony: AN ACT TO AMEND SECTION 7-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN UNION COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN UNION COUNTY 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.

(R112, S. 555 (Word version)) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: AN ACT TO AMEND SECTION 14-7-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE STATE 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; TO AMEND SECTION 35-1-220, AS AMENDED, RELATING TO RETENTION OF FEE REVENUES GENERATED BY THE UNIFORM SECURITIES ACT, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY RETAIN THE FIRST ONE MILLION FIVE HUNDRED THOUSAND DOLLARS

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OF FEES COLLECTED AND TO PROVIDE, FURTHER, FOR THE TRANSFER OF THE NEXT TWO HUNDRED THOUSAND DOLLARS TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION FOR THE STATE GRAND JURY; TO AMEND SECTION 35-1-430, AS AMENDED, RELATING TO REGISTRATIONS PURSUANT TO THE UNIFORM SECURITIES ACT, SO AS TO INCLUDE INVESTMENT ADVISERS AND FEDERALLY-COVERED ADVISERS; TO AMEND SECTION 35-1-480, AS AMENDED, RELATING TO FEES, SO AS TO MODIFY THE AMOUNTS OF THE FILING FEES BY CATEGORY; TO AMEND SECTION 35-1-1100, AS AMENDED, RELATING TO FILINGS FOR FEDERALLY-COVERED SECURITIES, SO AS TO INCREASE THE FEE BY FORTY-SIX DOLLARS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS PURSUANT TO SECTION 35-1-1490(2) IN WHICH THE CAUSE OF ACTION ACCRUES ON OR AFTER JULY 1, 2003, 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; AND TO AUTHORIZE THE ATTORNEY GENERAL TO COLLECT AND TRANSFER FUNDS TO THE STATE GRAND JURY AS PROVIDED UNTIL DIFFERENT FEES ARE ESTABLISHED BY RULE OR ORDER.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4283 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO CONGRATULATE THE W. WYMAN KING ACADEMY KNIGHTS BASEBALL TEAM, OF BATESBURG IN SALUDA COUNTY, ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE AND TO COMMEND THE HARD WORK AND DETERMINATION OF THE PLAYERS, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS FOR THEIR 2003 CLASS A STATE CHAMPIONSHIP WIN.

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H. 4284 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. 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, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 CONCURRENT RESOLUTION TO CONGRATULATE DR. ROMANDO JAMES OF CLEMSON FOR BEING SELECTED AS A 2003 JEFFERSON AWARD RECIPIENT BY WYFF TELEVISION STATION IN GREENVILLE, TO COMMEND HIM FOR HIS OUTSTANDING COMMUNITY SERVICE AND INVOLVEMENT WITH YOUNG PEOPLE, AND TO WISH HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

H. 4287 (Word version) -- Rep. Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE THE HILLCREST HIGH SCHOOL GIRLS SOFTBALL TEAM ON WINNING THE CLASS AAAA STATE CHAMPIONSHIP AND TO COMMEND THE HARD WORK AND DETERMINATION OF THE PLAYERS, COACHES, AND STAFF LEADING TO THEIR STATE CHAMPIONSHIP.

H. 4295 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHRIST CHURCH EPISCOPAL SCHOOL VARSITY BOYS' SOCCER TEAM AND THE TEAM'S COACH, DAVID WILCOX, OF GREENVILLE, ON THEIR OUTSTANDING DETERMINATION AND HARD WORK THROUGHOUT THEIR SEASON AND ON CAPTURING THE 2003 CLASS A BOYS'

Printed Page 4074 . . . . . Wednesday, May 28, 2003

SOCCER STATE CHAMPIONSHIP TITLE ON SATURDAY, MAY 17, 2003.

H. 4296 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHRIST CHURCH EPISCOPAL SCHOOL SAT TEAM OF GREENVILLE FOR THEIR HARD WORK AND RECENT ACCOMPLISHMENTS, INCLUDING BEING NAMED 2003 CLASS A STATE CHAMPIONS.

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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, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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, Witherspoon and Young: A CONCURRENT RESOLUTION CONGRATULATING THE CHRIST CHURCH EPISCOPAL SCHOOL GIRLS TENNIS TEAM AND HEAD COACH SALLY SHURTZ ON WINNING THE 2002 A-AA STATE CHAMPIONSHIP TITLE.

H. 4306 (Word version) -- Reps. Wilkins, 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, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHRIST CHURCH EPISCOPAL SCHOOL BOYS TENNIS TEAM AND THE TEAM'S COACH, SALLY SHURTZ, ON THEIR OUTSTANDING DETERMINATION AND HARD WORK

Printed Page 4076 . . . . . Wednesday, May 28, 2003

THROUGH OUT THEIR SEASON AND ON CAPTURING THE 2003 CLASS AA-A BOYS TENNIS STATE CHAMPIONSHIP TITLE ON SATURDAY, MAY 10, 2003.

H. 4309 (Word version) -- Reps. Cooper, 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, 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, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF GENERAL ASSEMBLY TO R. GLENN HILLIARD ON THE OCCASION OF HIS RETIREMENT AS CHAIRMAN AND CEO OF ING AMERICAS, FOR HIS MANY ACCOMPLISHMENTS AND FOR HIS YEARS OF SERVICE TO THE GREAT STATE OF SOUTH CAROLINA, AND TO WISH FOR HIM YEARS OF HEALTH AND HAPPINESS IN FUTURE ENDEAVORS.

ADJOURNMENT

At 7:00 p.m. the House, in accordance with the motion of Rep. WALKER, adjourned in memory of Guy R. Davenport, Sr., father of Representative Davenport, to meet at 10:00 a.m. tomorrow.

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