House Journal for May 21, 2002 - South Carolina Legislature Online

Tuesday, May 21, 2002 (Statewide Session)

Indicates Matter Stricken Indicates New Matter

The House assembled at 12:00 noon. Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:

Holy God, holy and mighty, holy and immortal, look upon us with Your mercy and hear us. Give peace, O Lord, in all the world; for only in You can we live in safety. Keep this nation under Your care, and guide us in the way of justice and truth. Bestow Your wisdom upon the members of this legislative assembly so that they may delight in Your will and walk in Your ways. In You, O God, we place our trust this day. Amen.

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

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

MOTION ADOPTED Rep. WHITE moved that when the House adjourns, it adjourn in memory of Bo Gilreath of Anderson, which was agreed to.

REPORT RECEIVED The following was received:

COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES & UNIVERSITIES

WINTHROP UNIVERSITY AT-LARGE SEAT CANDIDATE SCREENING ******** Tuesday, May 14, 2002 11:40 a.m. - 12:05 p.m.

121 TUESDAY, MAY 21, 2002

The candidate screening was held before the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, at the Blatt Building, Room 424, Columbia, South Carolina, on the 14th day of May, 2002 before Christine A. Howell, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:

COMMITTEE MEMBERS PRESENT:

Rep. Olin Phillips, Chairman Sen. Thomas Alexander Sen. Maggie Glover Sen. Linda Short Rep. Lanny F. Littlejohn

REP. PHILLIPS: I'll call this meeting to order for the purpose of screening for four candidates for Winthrop University, seat at-large. I want to welcome committee members Representative Lanny Littlejohn from Spartanburg and Senator Linda Short from Chester, Union and ... SEN. SHORT: York and Fairfield. REP. PHILLIPS: I can't keep up with them. There are too many of them. But anyway, we welcome you here. The staff is Sophia Floyd and our stenographer is Christine Howell. We welcome Senator Alexander who just joined us. (Off the Record Discussion) REGGIE LLOYD, being duly sworn, testifies as follows: REP. PHILLIPS: Mr. Lloyd, do you have any ... should you be elected to this position, would it cause it any conflict of interest for you? MR. LLOYD: No, sir. REP. PHILLIPS: Do you have any illness or anything that would constitute maybe where you couldn't be a full-fledged board member or that would keep you from being able to fulfill the duties of board member? MR. LLOYD: No, sir, Mr. Chairman. REP. PHILLIPS: None. Hobbies or anything that would conflict or anything of that nature? MR. LLOYD: No, sir. REP. PHILLIPS: Thank you, sir, go ahead with your short message here. MR. LLOYD: Mr. Chairman and members of the committee, I'll heed the Chairman's advice and be very brief this morning. I attended

Winthrop. I actually transferred from the University of Miami and came back home in state and attended Winthrop from 1986 to 1989. And I was fortunate enough to serve as Vice President of the Study Body and in that capacity, worked with the administration and Board of Trustees at that time at Winthrop. And I actually served on a panel that selected the current president of Winthrop and got to interview all the candidate finalists for that position. I believe that my background in terms of interaction and participation in Winthrop activities when I was a student there combined with subsequent participation and employment in both the private and public sector, I think I've worked for the executive side of government and the legislative side of government. I think I have an understanding of what is required to engage in public service, and particularly in this environment or interest, I think I've set out in my personal statement, has been in education, and believe that if elected by the General Assembly, would serve to the best of my abilities and hopefully be a good thing for Winthrop. REP. PHILLIPS: Thank you, sir. We've been joined now by Senator Maggie Glover from Florence. Senator Glover, we have just heard from Reggie and the floor is open now. Are there any questions of any committee members? REP. LITTLEJOHN: Mr. Floyd, how is the EdVenture Children's Museum related to Winthrop? MR. FLOYD: It was started by a group of private individuals and the bulk of the money that will go to build the museum has been through private fund raising. REP. LITTLEJOHN: Will that be on Winthrop property? MR. FLOYD: No, sir, EdVenture is going to be here in Columbia. It will be on land leased by the State of South Carolina right in front of the State Museum, matter of fact, so it will be located here in Columbia. REP. PHILLIPS: Any other questions? SEN. SHORT: Mr. Floyd, you live in Kershaw County and practice law here in Columbia, is that right? MR. FLOYD: That's right. We actually live out in Elgin and I've done what my dad did for about twenty some odd years, and that's commute to Columbia. REP. PHILLIPS: I was looking here, are you a registered voter? MR. FLOYD: Yes, sir. Actually, when I filled that out, I could not find my registration card so I did not put down my number, but I am a registered voter.

REP. PHILLIPS: I felt like you were, but I was just wondering. Any other questions from any committee members? None. Thank you, Reggie. MR. FLOYD: Thank you, Mr. Chairman. REP. PHILLIPS: Next we'll hear from Dr. Leland H. Cox, Jr. LELAND H. COX, JR., being duly sworn, testifies as follows: REP. PHILLIPS: Dr. Cox, do you ... by virtue of being elected to this board, would it cause any conflict of interest? MR. COX: Not at all. REP. PHILLIPS: Do you hold any other elected office that would cause you to have dual office holding? MR. COX: I do not. REP. PHILLIPS: Not an appointed position or anything? MR. COX: No, sir. REP. PHILLIPS: None. Do you have any ailments that would constitute where you couldn't be a full time board member that we need to know about? MR. COX: Other than a bald head that gets a little more sun than I would like every now and then, no, sir, I don't. REP. PHILLIPS: Thank you, sir, you may go ahead. MR. COX: Mr. Chairman and members of the committee, thank you very much for the opportunity to speak to you. And just as Reggie set such a good example, I too will be brief. I think it speaks well of Winthrop University that there are clearly four qualified individuals here to be considered for the two year term and that whoever is chosen I'm sure will do an absolutely superb job. I'm now in my second year as Headmaster at Christ Church Episcopal School in Greenville, and for twelve years before that was President at the Governor's School for Science and Mathematics over in the big metropolis in Hartsville. During that time we put a great deal of emphasis on both the highest possible academic standards for our state as well as rigorous efforts of making our kids aware of the choices that were available to them in South Carolina, at the same time building both diversity within and among our student body and our teaching faculty. So I was very proud that we were in fact able to retain something over 50 percent of our graduates choosing South Carolina colleges and universities. And as a side note, as we've started, I should say now they, are tracking these kids after they've gone through their four years of college or university and graduate school, we're getting a very healthy number back in the state as well to live and work. And that in a way also connects to my own interest in Winthrop. I'm not an alum, but I've been familiar for the school for a long, long time, twenty

124 TUESDAY, MAY 21, 2002 plus years going back to when our former president at Lander, Bill Moran, showed up from Berry College in Georgia to be the Dean of Arts and Sciences there. Got to know Bill then in my capacity with the Humanities Council, began doing a lot of work with Winthrop. And I've known Dr. Digorgio ever since he arrived in the State and have worked closely with him. In fact, he served as the chairman of my board for a period of time with the Governor's School. Winthrop, too, has put a premium on attracting South Carolina students and making known to them the good choices that are available. Winthrop was one of the first schools in South Carolina to energetically and aggressively go after these Governor's School students, and in ways that spoke very directly to them -- tuition scholarships, full scholarships, what have you -- and as such, has enjoyed a high degree of success. And I would say that our graduates from the Governor's School who have gone to Winthrop have uniformly had a very, very good experience. I was impressed also just recently, at Christ Church School we are an international baccalaureate school for primary years, middle years, and the two year diploma program, many colleges and universities around the country now are beginning to recognize the I.B. either equal to or preferred to the A.P. curriculum and are beginning to offer inducements for kids who have successfully completed the diploma. Winthrop is the only college or university in South Carolina who has done that. If you are an I.B. diploma candidate, receive the diploma, score at a certain level on the test, then Winthrop is offering you a full tuition scholarship to attend. That's just smart. That's a way of putting legs to one's principles. Beyond that, I would say that I have been in education and in this state for probably far many more years than I care to remember. So I do have, I think, a broad grasp of both K through 12, higher education, board processes, strategic planing processes and would indeed consider it an honor if I were to be given the opportunity to serve, Mr. Chairman. That concludes my statement. REP. PHILLIPS: Thank you, sir. Any questions from any committee member? None. You did a good job, thank you, sir. MR. COX: I wish I could do that well with my faculty. REP. PHILLIPS: Okay. We'll hear from Mr. Alan H. Kyber. ALAN H. KYBER, being duly sworn, testifies as follows: REP. PHILLIPS: Mr. Kyber, do you hold any other elected or appointed positions that would cause a dual office holding, should you be elected? MR. KYBER: No. REP. PHILLIPS: None. Do you have physical ailments that we need to know about that would prevent you from ... MR. KYBER: Not yet.

REP. PHILLIPS: None. Thank you, sir. Your hobbies and your job opportunities, would they cause any kind of conflict should you be elected to Winthrop? MR. KYBER: No. REP. PHILLIPS: None. Go ahead, sir, with a brief statement. MR. KYBER: I'm a unique candidate that might be here because I've been able to, through my career, to cross over in the educational process of many different backgrounds. I've been a teacher. I've been a principal at the high school in this State. I've been an administrator in this State. I've also been a teacher and an administrator in the college/university level. I've had national exposure through different areas as well as regional exposure and state exposure. And a long time resident of this State by coming to Furman University and marrying a native Greenville, South Carolinian. And we were able to come back and enjoy the last thirty years in which four of my siblings have been able to graduate from state universities here, one at Winthrop. I was even fortunate to work at Winthrop for a four year period of time at the time that men were first coming; and involved in the athletic process, mainly in taking them from an NAIA men's affiliated to NCAA; and was one of four people able to work at building the coliseum from the first brick to the last, which I feel very proud of. I have continued to work in educational processing and still am called upon to consult and used not only in athletics but in other avenues. I feel indebted to this State for where it stands. I'm really more regional than national. I've been around and we've got a great State and a great program of all schools here. My vision, and I think that's a key word, I think that's the difference between being successful. And I think I've been fortunate to be not only around successful people but to be successful in the different programs that I have been part of that I've taken either from scratch or from bad or from good situations and taken them on to success. But having vision and insight are important ingredients I think, and I've been fortunate to have these. I do have three areas that I would be interested in Winthrop and their administration because I know the process of the roles of the trustees and the administration, and I'd be very interested in their fields of, first of all, their alumni giving, especially with the endowment of faculty chairs, scholarships and other types of giving that are normal with your capital gains and other fund raising. I'm also interested to see in this decade what their plans are as far as their academics. They've always had a great school of business, education and the arts. I'm interested to see where they're going maybe in computer technology which is the vision of this century and of course, since they've added a new capital gain with a science building, where that's going to

126 TUESDAY, MAY 21, 2002 stand, are we going to go in genetics, are we going to go in pharmacy; that we're looking down the road 30 and 40 years, you know, what are their plans. I'm interested in taking a look at that with them. And last, I'm looking at, as a parent, of how students and parents can get financial aid and loans and the availability, not only from Winthrop but even coordinated with the state. And in basis, that's why I have decided that I would apply for this position. Thank you. REP. PHILLIPS: Any questions? You did a good job too, Mr. Kyber. At this time we'll hear from Mr. John M. Deal, Jr. JOHN M. DEAL, JR., being duly sworn, testifies as follows: REP. PHILLIPS: Mr. Deal, do you hold any elected or appointed positions that would cause or constitute a dual office holding should you be elected? MR. DEAL: No, sir. REP. PHILLIPS: Do you have any ailments that we need to know about that would prevent you from fully serving? MR. DEAL: No, sir. REP. PHILLIPS: Do your occupation and hobbies, would they constitute any kind of problems with serving on the board at Winthrop? MR. DEAL: No, sir. REP. PHILLIPS: Go ahead, sir. MR. DEAL: Mr. Chairman and members of the committee, my name is Johnnie Deal. I'm from Camden. I graduated from Winthrop 18 years ago and ten years ago I began my service back to my alma mater by serving on the Alumni Board. I'm currently immediate past president of the Alumni Board and served two years as president preceding that. I've also been two years on the Foundation Board and I've also been for ten years serving on the alumni fund raising arm, the Annual Fund Loyalty Council. I think those expenses and information that I've been privy to over the last ten years, it's just a natural progression for me to continue that service to Winthrop with the Board of Trustees. I'll be glad to entertain any questions the board has. REP. PHILLIPS: Any questions? SEN. GLOVER: How would they benefit from your service? MR. DEAL: Well, I've been up there at least every quarter for the last ten years, hands-on experience with the president, his administrative staff, the Alumni Board, the things that the alumni are doing, again a natural progressions. I think I've been groomed very well to continue my service to my alma mater. REP. LITTLEJOHN: How about the North Carolina students coming in, how are you all dealing with that?

MR. DEAL: The graduate students can come to Winthrop at the in-state rate, however, not the undergraduates. And we fought that battle for a good while, but we did get the graduate students to come to Winthrop and pay the South Carolina in-state fees. SEN. SHORT: Johnnie, isn't that just in that Master of Business program? MR. DEAL: I'm not sure if it's regulated to a certain program, but I was under the impression that any graduate, but I'm not sure if I'm right about that. SEN. SHORT: I was thinking that it was just ... that's okay, I was just thinking that business, Master of Business. MR. DEAL: I'm not certain. REP. PHILLIPS: For the record, Senator Short. Any other questions? Okay. Thank you very much. Gentlemen, you are aware that you're running for an unexpired term of Dr. Crowson who resigned. Are you aware that the legislation has now been through the House and been prepared to put Winthrop College Board of Trustees in Congressional Districts? All of you are very fine candidates and I would ask you to keep an eye next year when we ... whatever the legislative acts set up and how it reacts to your Congressional District, to look because you can, and may have an opportunity to file again very shortly in your Congressional area only. So you would certainly be elected by the General Assembly, as always, but you may file again. This is an at-large now, but it will change. All of them are going to change and be put in two to each Congressional District. And I'm not sure if they're going at-large or not. I'm not sure how that works. I haven't reviewed that legislation yet because it wasn't final at the time. It's still, I think, on the calendar. Any other matters? REP. LITTLEJOHN: Mr. Chairman, I'd just like to say I'm very pleased that this many people applied for this position and showed their interest in the school. REP. PHILLIPS: I agree with you and that's why I wanted to tell you if you're not successful in this, please be alert. Because this is what this committee is all about, we're trying to advertise and put it out to where we can get the very best people. And nowadays, with tight budgets in the universities and state government and everything, we need people who are really interested in the school systems and really want to do something, as all of you have good ideas and I wish all of you could go in all at one time and serve. It sure would be nice. SEN. SHORT: Mr. Chairman, I'd just like to comment that as one of the two senators who actually has Winthrop as a part of their district, I'm

128 TUESDAY, MAY 21, 2002 delighted at the caliber of all the candidates and I want to thank all of you for taking this opportunity to run. I'm also one of the sponsors of the legislation that changes the way trustees are elected and the reason for doing that is trying to move away from some of the regional status that Winthrop seems to have developed and make it more recognized as the statewide outstanding educational institution that it is. And again, I want to thank all of you for running and offering for this seat. Thank you, Mr. Chairman. REP. PHILLIPS: Any other questions or any other comments? REP. LITTLEJOHN: Move for a favorable report on all candidates. SEN. ALEXANDER: Second. REP. PHILLIPS: Mr. Littlejohn moved for a favorable report on all candidates. Seconded by Senator Alexander, Senator Glover and Senator Short and voted unanimously on. All in favor, signify by saying aye. (All committee members respond by saying aye.) REP. PHILLIPS: All of you are qualified and at the proper time, and Mr. Floyd will be contacting you, hopefully we can get this out very rapidly, and get it on the ... and get it on the Senate and House Journal so you can solicit votes. Hopefully we can give you some quality time to solicit votes. We're in the last moments as I told you a while ago, so we don't know when we're going to be here. Thank you very much for coming, we appreciate the committee efforts here today and all of you showing up. Thank you. (There being nothing further, the candidate screening concluded at 12:05 p.m.) Findings of Fact The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

Candidates Winthrop University At-Large seat

Mr. Reggie Lloyd Dr. Leland H. Cox, Jr. Mr. Alan H. Kyber Mr. John M. Deal, Jr.

Respectfully submitted, Rep. Olin Phillips, Chm. Sen. Warren K.Giese, V.Chm. Rep. Becky Martin, Sec. Sen. Maggie Glover Rep. Lanny F. Littlejohn Sen. Thomas Alexander Rep. Jesse E. Hines Sen. Linda Short

Received as information.

COMMITTEE APPOINTMENT OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES The following was received:

May 16, 2002 The Honorable J. Todd Rutherford 432A Blatt Building Columbia, South Carolina 29211

Dear Todd: It is with pleasure that I appoint you to serve on the Judiciary Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me. I look forward to working with you.

Sincerely, David H. Wilkins Speaker of the House

Received as information.

H. 3697--COMMITTEE OF CONFERENCE APPOINTED The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 16, 2002 Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3697 and asks for a Committee of

Conference and has appointed Senators Alexander, Hutto and Kuhn of the Committee of Conference on the part of the Senate:

H. 3697 -- Rep. Harrison: A BILL TO AMEND SECTION 17-3- 310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.

Very respectfully, President

Whereupon, the Chair appointed Reps. HARRISON, TAYLOR and F. N. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 237 -- Senator Leatherman: A BILL TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CITATION PENALTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENTIAL BUILDERS, RESIDENTIAL SPECIALTY CONTRACTORS, AND HOME INSPECTORS. Ordered for consideration tomorrow.

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

S. 464 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, SPECIFICATIONS, AND CODES WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS. Ordered for consideration tomorrow.

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

H. 5294 -- Reps. Limehouse and Campsen: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WANDO HIGH SCHOOL "WARRIORS" BOYS SOCCER TEAM, COACH TOM REILLY, AND OTHER SCHOOL OFFICIALS, ON THURSDAY, MAY 23, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 2002 CLASS AAAA STATE SOCCER CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is hereby extended to the Wando High School “Warriors” Boys Soccer Team, Coach Tom Reilly, and other school officials, on Thursday, May 23, 2002, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for an

132 TUESDAY, MAY 21, 2002 exceptional season and on capturing the 2002 Class AAAA State Soccer Championship.

The Resolution was adopted.

HOUSE RESOLUTION The following was taken up for immediate consideration:

H. 5295 -- Rep. Wilkins: A HOUSE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN’S CHRISTIAN ASSOCIATION TO USE THE HOUSE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE BLATT BUILDING ON THURSDAY, DECEMBER 5, 2002, AND FRIDAY, DECEMBER 6, 2002, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Whereas, forty-five states have successful Youth in Government programs; and

Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school students; and

Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the Young Men’s Christian Association’s Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and

Whereas, more than one thousand two hundred high school students in the State are expected to participate this year, making the South Carolina Youth in Government program the largest per capita in the nation. Now, therefore,

That the members of the South Carolina House of Representatives authorize the Greenville Young Men’s Christian Association Youth In Government program to use the House Chamber and to use such

133 TUESDAY, MAY 21, 2002 hearing rooms as may be available in the Blatt Building on Thursday, December 5, 2002, and Friday, December 6, 2002, to conduct a Youth in Government program. If the House is in statewide session, the House Chamber may not be used.

Be it further resolved that the use of the chamber and the available committee hearing rooms by the Greenville Young Men’s Christian Association must be in strict accordance with the policies and rules of the House.

Be it further resolved that the Office of the Sergeant at Arms of the House shall provide assistance and access as necessary for this meeting in accordance with applicable procedures of the rules of the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to Ms. Mary Capers Bledsoe, Executive Director of the YMCA Youth in Government, and the Honorable Mitchell G. Dorman, Sergeant at Arms of the House.

HOUSE RESOLUTION The following was taken up for immediate consideration:

H. 5296 -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody- Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley,

Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MRS. CHRISTI MCCOLLUM OF BOOKMAN ROAD ELEMENTARY SCHOOL IN ELGIN, SOUTH CAROLINA, ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO COMMEND AND CONGRATULATE HER FOR BEING NAMED THE SOUTH CAROLINA TEACHER OF THE YEAR.

That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the House of Representatives to Mrs. Christi McCollum of Bookman Road Elementary School in Elgin, South Carolina, on a date and time to be determined by the Speaker, to commend and congratulate her for being named the South Carolina Teacher of the Year.

CONCURRENT RESOLUTION On motion of Rep. MEACHAM-RICHARDSON, with unanimous consent, the following was taken up for immediate consideration:

H. 5297 -- Reps. Meacham-Richardson, Kirsh, Simrill, Moody- Lawrence, McCraw, Delleney and Emory: A CONCURRENT RESOLUTION RECOGNIZING PARAMOUNT'S CAROWINDS THEME PARK FOR ITS NUMEROUS ACCOMPLISHMENTS AND CONTRIBUTIONS TO THE STATE BY DECLARING MAY 29, 2002, "PARAMOUNT'S CAROWINDS DAY".

Whereas, Paramount’s Carowinds theme park has been a vital part of the South Carolina tourism industry during the past thirty years; and

Whereas, Paramount’s Carowinds has employed more than 80,000 individuals in its three-decade history in our State; and

Whereas, Paramount’s Carowinds has continued to grow and expand the park for tourists visiting our State through capital improvements and additions that exceed one hundred eight million dollars in the past thirty years; and

Whereas, Paramount’s Carowinds has been a generous supporter of numerous causes during the past thirty years, including the donation of more than two million dollars in admission tickets in 2001 alone; and

Whereas, Paramount’s Carowinds will entertain its 40 millionth guest in 2002; and

Whereas, Paramount’s Carowinds has established itself as the number one gated tourist attraction in South Carolina. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, recognize Paramount’s Carowinds for its numerous accomplishments and contributions to the State by declaring May 29, 2002, “Paramount’s Carowinds Day”.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Parks, Recreation and Tourism, the Rock Hill Sports and Tourism Commission, and each of the four Chambers of Commerce that make up the Council of Chambers of York County: the Clover Chamber of Commerce, the Greater York Chamber of Commerce, the Lake Wylie Chamber of Commerce, and the York County Regional Chamber of Commerce.

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

CONCURRENT RESOLUTION The following was introduced:

H. 5298 -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw,

McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody- Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MRS. CHRISTI MCCOLLUM OF BOOKMAN ROAD ELEMENTARY SCHOOL IN ELGIN, SOUTH CAROLINA, FOR BEING NAMED THE SOUTH CAROLINA TEACHER OF THE YEAR AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN HER FUTURE ENDEAVORS.

H. 5299 -- Rep. Townsend: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. AL EADS, JR., FOR HIS MANY OUTSTANDING CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.

HOUSE RESOLUTION The following was introduced:

H. 5300 -- Reps. Walker, Davenport, Lee, Littlejohn, Sinclair, W. D. Smith, Talley, Vaughn, Wilder, Allen, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Limehouse,

Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Taylor, Thompson, Townsend, Tripp, Trotter, Webb, Weeks, Whatley, Whipper, White, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE MERITA ANN "RITA" ALLISON FOR HER MANY YEARS OF DEDICATED SERVICE TO THE PEOPLE OF HER DISTRICT AND TO THE CITIZENS OF THIS STATE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HER GREAT SUCCESS AND HAPPINESS IN THE YEARS TO COME.

Whereas, Rita Allison will be leaving her seat in the House of Representatives at the end of the 2001-2002 session, having served the people of this State with dignity, pride, and determination for the past ten years; and

Whereas, Rita Allison is a graduate of the John Roberts School of Fashion Merchandising who has spent many years teaching self-development and modeling, and as a former Special Programs Director for Springs Industry-Lyman, she has worked with people of all ages in a variety of educational and recreational areas for thirty years; and

Whereas, Rita Allison has served with distinction in the House of Representatives since her election in 1993, and during this time she has worked on both the House Ways and Means Committee and the House Education and Public Works Committee; and

Whereas, during her time in the House of Representatives, Rita Allison has risen to leadership positions in several areas; she currently serves as the Assistant Majority Leader, having served as the Majority Whip during the 1998-99 Session, and has chaired both the General Assembly’s and GOP Women’s Caucus as well as the Ways and Means subcommittee on K-12 education; and

Whereas, Rita Allison has been honored for her outstanding work with a variety of citizen interest groups within the Palmetto State

138 TUESDAY, MAY 21, 2002 including being named “Legislator of the Year” by victim’s rights advocates, the National Federation of the Blind, the South Carolina School Board Association, and by advocates for adult education; and

Whereas, her service in the House of Representatives has been exemplary, yet Rita Allison has done even more for others through her work with school and community service groups; she is a lifetime member and former president of the South Carolina Parent-Teacher Association (PTA), President of the South Carolina United States Jaycee Auxiliaries, and for eight years served on the Spartanburg County District Five Board of Trustees; and

Whereas, Representative Allison has served on the Board of Directors for the Middle Tyger Community Center for the March of Dimes and for the Miss South Carolina Pageant for thirty years; she has also shared her time and talents as a Girl Scout leader for ten years; and

Whereas, Rita Allison is married to William Ronald Allison, and they are the loving and devoted parents of their daughter, Katina Kelley; and

Whereas, Rita Allison is truly a Southern Lady whose charm, grace, and glowing smile will be sorely missed by her colleagues in the House of Representatives, and it is with warmest regards and best wishes that the House of Representatives now says farewell to one of its best and brightest members. Now, therefore,

Be it resolved by the South Carolina House of Representatives:

That the members of the House of Representatives, by this resolution, commend the Honorable Merita Ann “Rita” Allison for her many years of dedicated service to the people of her district and to the citizens of this State as a member of the House of Representatives and wish her great success and happiness in the years to come.

Be it further resolved that a copy of this resolution be presented to the Honorable Rita Allison.

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

H. 5301 -- Rep. Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PLAYERS, COACHES, AND STAFF OF THE CHAPIN HIGH SCHOOL VARSITY BOYS SOCCER TEAM AND OTHER SCHOOL OFFICIALS ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAM ON WINNING THE 2002 SOUTH CAROLINA AA SOCCER STATE CHAMPIONSHIP.

That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the South Carolina House of Representatives to the players, coaches, and staff of the Chapin High School Varsity Boys Soccer Team and other school officials on a date and time to be determined by the Speaker, for the purpose of recognizing and congratulating the team on winning the 2002 South Carolina AA Soccer State Championship.

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

H. 5302 -- Reps. Govan, Stuart and Sharpe: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO DR. LEROY DAVIS ON MAY 29, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR HIS MAGNIFICENT SERVICE AS PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY.

That the privilege of the floor of the House of Representatives is extended to Dr. Leroy Davis on May 29, 2002, at a time to be determined by the Speaker, for the purpose of being recognized and commended for his magnificent service as President of South Carolina State University.

H. 5303 -- Rep. J. E. Smith: A HOUSE RESOLUTION TO EXTEND THE APPRECIATION OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO CHERYL SPENCER OF COLUMBIA FOR HER TWENTY-EIGHT YEARS OF SELFLESS DEDICATION TO THE VITAL EDUCATION OF THIS STATE'S YOUNGEST CITIZENS.

H. 5304 -- Reps. Huggins and McLeod: A HOUSE RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE CHAPIN HIGH SCHOOL VARSITY BOYS SOCCER TEAM FOR THEIR OUTSTANDING SEASON OF SPIRITED COMPETITION AND TO CONGRATULATE THEM ON WINNING THE 2002 SOUTH CAROLINA AA SOCCER STATE CHAMPIONSHIP.

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

H. 5305 -- Reps. J. E. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine,

Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody- Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO PROCLAIM MAY 2002, AS LICENSED CHILDCARE MONTH AND MAY 10, 2002, AS PROVIDER APPRECIATION DAY.

Whereas, quality childcare programs are essential to the development of our young people into productive citizens and future leaders; and

Whereas, for many children, childcare providers offer and maintain the child’s first learning environment outside of the home; and

Whereas, of the twenty-one million children in America under the age of six, approximately thirteen million are in childcare at least part- time and an additional twenty-four million school-age children are in some form of after-school care; and

Whereas, sixty-one percent of children under the age of six in South Carolina have working parents who rely on others to provide childcare and education; and

Whereas, there are some three thousand six hundred licensed childcare centers and family childcare facilities operating in our State, caring for and educating an estimated one hundred eighty-eight thousand South Carolina children; and

Whereas, licensed South Carolina childcare facilities employ more than thirteen thousand five hundred childcare professionals and generate more than three hundred fifty million dollars in business revenue for our State; and

Whereas, licensed childcare professionals throughout the Palmetto State are committed to providing nurturing learning environments that help children develop self-esteem, discipline, resourcefulness, respect, and responsibility; and

Whereas, the annual celebrations of “Licensed Childcare Month” and “Provider Appreciation Day” are dedicated to raising awareness of the commitment of childcare professionals throughout South Carolina and the nation to the health and safety of the children in their care. Now, therefore,

That the members of the House of Representatives, by this resolution, do hereby proclaim May 2002, as “Licensed Childcare Month” and May 10, 2002, as “Provider Appreciation Day” throughout the State and encourage all South Carolinians to recognize the benefits quality childcare environments and professionals provide in preparing our young people for a bright and happy future.

H. 5306 -- Reps. Govan, Cobb-Hunter, Ott, Sharpe, Stuart, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper,

White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND DR. LEROY DAVIS FOR HIS MAGNIFICENT WORK AS AN EDUCATOR AND ADMINISTRATOR AND TO WISH HIM GREAT SUCCESS IN HIS FUTURE UNDERTAKING AS WELL AS MANY YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT AS PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY.

S. 1289 -- Senators Elliott, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME THE INTERCHANGE AT EXIT 101 ON I-20 IN KERSHAW COUNTY THE "RICHARD THOMAS HOLLAND INTERCHANGE" IN HONOR OF HIS CHILDREN, GRANDCHILDREN, ONE OF WHOM IS SENATOR DONALD H. HOLLAND, AND HIS GREAT-GRANDCHILDREN. The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILL The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5307 -- Rep. Meacham-Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-285 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE NOTICE TO THE PUBLIC AND PERSONS DOWNSTREAM

FROM THE SITE OF AN UNPERMITTED SEWAGE SPILL OR OTHER CONTAMINATION. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

ROLL CALL The roll call of the House of Representatives was taken resulting as follows: Altman Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Koon Law Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Neilson Ott Owens Parks Perry Phillips Quinn Rice Riser Rivers Sandifer Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb

Weeks Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.

STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Tuesday, May 21. Karl Allen Merita Allison Tracy Edge Bill Cotty Thomas Rhoad Fletcher Smith Joseph Neal Alex Harvin Todd Rutherford Seth Whipper Marty Coates Brenda Lee

Total Present--119

LEAVE OF ABSENCE The SPEAKER granted Rep. SCARBOROUGH a leave of absence for the day due to personal reasons.

LEAVE OF ABSENCE The SPEAKER granted Rep. RODGERS a leave of absence for the week due to medical reasons.

LEAVE OF ABSENCE The SPEAKER granted Rep. CAMPSEN a leave of absence due to business reasons.

DOCTOR OF THE DAY Announcement was made that Dr. Gary Culbertson of Sumter is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION Reps. LUCAS, MEACHAM-RICHARDSON, KIRSH and SIMRILL presented to the House Anna Hardin and Kelty Allen of the South Carolina Governor's School for Science and Mathematics for scoring a perfect score 1600 on the SAT.

SPEAKER PRO TEMPORE IN CHAIR

SPECIAL PRESENTATION Rep. WILKINS presented to the House the Greenville High School "Red Raiders" Boys Soccer Team, the Class AAA State Champions, their coaches and other school officials.

CO-SPONSOR 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 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. 5035 Date: ADD: 05/21/02 SANDIFER

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

H. 5291 -- Reps. Bingham, Huggins and Riser: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999,

THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.

SPEAKER IN CHAIR

S. 1167 -- Senators Pinckney and Richardson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 91, SO AS TO PROVIDE FOR THE ISSUANCE OF A "PENN CENTER" SPECIAL LICENSE PLATE.

Rep. TOWNSEND explained the Bill.

S. 1133--AMENDED AND ORDERED TO THIRD READING The following Joint Resolution was taken up:

S. 1133 -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11717AC02), which was adopted: Amend the joint resolution, as and if amended, by deleting SECTION 2 of the joint resolution and inserting: /SECTION 2. The committee shall study: (1) the advisability and feasibility of constructing a fourth state veterans’ nursing home in South Carolina; (2) veterans’ access to existing nursing facilities and adult daycare facilities and the availability of these facilities to veterans who may be in need of them;

(3) the ways in which the State should proceed to generate maximum use of state tax revenue for the benefit of veterans; (4) the projected demographics of the veteran population in South Carolina during the next twenty years; and (5) possible improvement projects to existing state nursing facilities for veterans. In formulating its findings and recommendations, the committee shall consider information and recommendations from the State Office of Veterans’ Affairs and representatives of the veterans community./ Amend the joint resolution further, by deleting SECTION 4 of the joint resolution and inserting: /SECTION 4. The committee shall receive clerical and related assistance from the staff of the Senate and the staff of the House of Representatives, as approved and designated by the President of the Senate and the Speaker of the House, respectively. Committee members and committee staff may not receive compensation./ Renumber sections to conform. Amend totals and title to conform.

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

Rep. BREELAND proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11766AC02), which was adopted: Amend the joint resolution, as and if amended, SECTION 2, page 1133-1, line 38 after /Affairs/ by inserting /, South Carolina Association of County Veterans’ Affairs Service Officers,/ Renumber sections to conform. Amend totals and title to conform.

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

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

S. 638--REQUESTS FOR DEBATE The following Bill was taken up:

S. 638 -- Senator Reese: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

TO SPECIAL DAYS BY ADDING SECTION 53-3-150 SO AS TO PROVIDE THAT MARCH SIXTH OF EACH YEAR IS LYMPHEDEMA D-DAY IN SOUTH CAROLINA, AND TO ENCOURAGE SOUTH CAROLINIANS TO WEAR A BUTTERFLY ON LYMPHEDEMA D-DAY AS A SYMBOL OF CARING AND HOPE FOR THOSE LIVING AND COPING WITH LYMPHEDEMA AND THE DEBILITATING CONDITION ASSOCIATED WITH LYMPHEDEMA.

Reps. TRIPP, STUART, MILLER, VAUGHN, D. C. SMITH, WEBB, J. R. SMITH, DAVENPORT, SHEHEEN, J. BROWN, BREELAND, HAYES, TALLEY, LITTLEJOHN, PARKS, TOWNSEND, J. HINES, J. M. NEAL and MACK requested debate on the Bill.

S. 977--REQUESTS FOR DEBATE The following Bill was taken up:

S. 977 -- Senators Giese, J. V. Smith, Land, Short, Drummond, Fair, Mescher, Leatherman, Verdin, Ritchie and Branton: A BILL TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE "ATTENDANT CARE SERVICES" AND "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40- 33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES WHICH ENABLE A PERSON TO REMAIN AT HOME RATHER THAN IN AN INSTITUTION AND WHICH INCLUDES HOMEMAKER AND COMPANION SERVICES AND CERTAIN HEALTH MAINTENANCE ACTIVITIES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11736AC02): Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read: /SECTION __. A.Chapter 39 of Title 44 is amended by adding:

“Article 2 Diabetes Mellitus School Care Act Section 44-39-200. This article may be cited as the ‘Diabetes Mellitus School Care Act’. Section 44-39-210. For purposes of this article: (1) ‘Diabetes care provider’ means a school employee trained in accordance with Section 44-39-220. While a school nurse is a preferred diabetes care provider, a diabetes care provider is not required to be a medical professional. When a school nurse is assigned to a particular school, he or she shall coordinate the provision of diabetes care at that school. (2) ‘School’ means a primary, elementary, middle, or secondary public school located within this State. (3) ‘School employee’ means a person employed by a public school district or a public special school or a person employed by a local health department who is assigned to a public school or a subcontractor designated for this function. Section 44-39-220. (A) The Diabetes Initiative of South Carolina, working in cooperation with the South Carolina Board of Nursing, South Carolina Department of Health and Environmental Control, South Carolina Department of Education, and the South Carolina Office of the American Diabetes Association shall develop guidelines for the training of school employees as diabetes care providers. Training must be provided annually by a health care professional with expertise in diabetes and training guidelines must include instruction in: (1) recognition and treatment of hypoglycemia and hyperglycemia; (2) understanding the appropriate actions to take when blood glucose levels are outside of the target ranges indicated by student’s physician’s order or health care plan, or both; (3) understanding physician instructions concerning drug dosage, frequency, and the manner of administration; (4) performance of finger-stick blood glucose testing, ketone testing, and recording the results; (5) administration of oral medications, glucagon, and insulin and the recording of results; (6) recommended schedules and food intake for meals and snacks, the effect of exercise upon blood glucose levels, and actions to be implemented in the case of schedule disruption.

(B) Each public school district shall provide or contract for the training provided for in subsection (A) to at least one school employee who must be designated as a diabetes care provider by the principal at each public school that does not employ a full-time registered nurse. (C) Each public school shall develop a written protocol with procedures to be followed if a student diabetes emergency arises when neither a registered nurse nor a diabetes care provider is available. Section 44-39-230. (A) In accordance with the written instructions of the physician of a student with diabetes, diabetes care providers shall perform functions including, but not limited to: (1) administering glucagon in an emergency situation; (2) assisting a student in administering insulin through the insulin delivery system the student uses; (3) assisting a student in administering other oral diabetes medications; (4) assisting a student in performing and recording blood glucose testing and ketone testing or assisting a student with such testing; and (5) following instruction regarding meals, snacks, and physical education. However, a diabetes care provider may only perform such functions if the student’s parent or guardian has informed the school that the student has diabetes mellitus. (B) A diabetes care provider must be on site and available to assist or to provide care to students with diabetes as set forth in subsection (A) during regular school hours. (C)(1) A diabetes care provider is immune from civil and criminal liability if the care provider is acting within the scope of his authority as prescribed in this article and in accordance with the training standards and procedures as provided for in Section 44-39-220. (2) Notwithstanding any other provision of law, a diabetes care provider trained pursuant to Section 44-39-220 who is carrying out the functions enumerated in subsection (A) is not engaging in the practice of nursing and is exempt from all applicable statutory and regulatory provisions that restrict activities that may be delegated to a person who is not a licensed medical professional. Section 44-39-240. (A) Upon written request of the parent or guardian and authorization by the student’s physician, a student with diabetes must be permitted to perform blood glucose tests, administer insulin through the insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and otherwise attend to the care and

152 TUESDAY, MAY 21, 2002 management of his or her diabetes in the classroom, in any area of the school or school grounds, and at any school-related activity and to possess on his or her person at all times all necessary supplies and equipment to perform these monitoring and treatment functions. (B) A student’s school choice shall in no way be restricted because the student has diabetes. (C) A student with diabetes may not be denied access or prohibited from participating in school activities and programs including, but not limited to, school-sponsored before-school programs, after school care programs, field trips, and extracurricular activities. (D) Each public school district shall develop a policy to implement the provisions of this article. Section 44-39-250. (A) The South Carolina Department of Health and Environmental Control shall provide each private school in the State with a copy of this article and shall make the training materials developed in accordance with Section 44-39-220 available to private schools. (B)(1) A diabetes care provider employed by a private school or a subcontractor designated for this function is immune from civil and criminal liability if the care provider is acting within the scope of his authority as prescribed in this article and in accordance with the training standards and procedures as provided for in Section 44-39-220. (2) Notwithstanding any other provision of law, a diabetes care provider who received training comparable to the training provided for in Section 44-39-220 who is carrying out the functions enumerated in Section 44-39-230(A) is not engaging in the practice of nursing and is exempt from all applicable statutory and regulatory provisions that restrict activities that may be delegated to a person who is not a licensed medical professional. Section 44-39-260. All costs associated with implementing the provisions contained in this article must be borne by the State through an annual appropriation from the state general fund or through private funding. To the extent that a school district incurs any expenses that are not paid for by the State, the provisions in this article that apply to that school district are suspended.” B.Sections 44-39-10 through 44-39-50 of the 1976 Code are designated as Article 1, Chapter 39, Title 44 entitled “Diabetes Initiative of South Carolina” Chapter 39, Title 44 of the 1976 Code is renamed “Diabetes”. C.Notwithstanding the provisions of Section 44-39-220 of the 1976 Code as added by this act, the training required to be provided pursuant

153 TUESDAY, MAY 21, 2002 to that section for school employees is not required to be implemented until one year after this act’s effective date./ Renumber sections to conform. Amend totals and title to conform.

Rep. PARKS explained the amendment.

Reps. TRIPP, VAUGHN, STUART, HAYES, D. C. SMITH, WEBB, BREELAND, J. BROWN, HOSEY, MILLER, J. M. NEAL, EMORY, G. BROWN, J. HINES, LITTLEJOHN, TALLEY, COTTY, SHEHEEN, DAVENPORT, FREEMAN, PARKS and MOODY- LAWRENCE requested debate on the Bill.

S. 290--POINT OF ORDER The following Bill was taken up:

S. 290 -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name HOUSEDESK\H- LCI\AMEND\290.HAT): Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein: / SECTION 1. Chapter 9 of Title 58 of the 1976 Code is amended by adding: “Article 23 Government-owned Telecommunications Service Providers Section 58-9-2600. This article regulates the provision of telecommunications service by an agency or entity of the State or a political subdivision of this State, excluding the State Budget and Control Board for services provided as of this act’s effective date, to the extent that state constitutional or statutory provisions of law authorize this activity.

Except for the Public Service Commission in regard to its duties and responsibilities under this article, nothing in this article shall be construed to recognize, broaden, or enlarge the authority or legal capacity of any agency or entity of the State or a political subdivision of this State to engage in such activity. Section 58-9-2610. As used in this article: (1) ‘Government-owned telecommunications service provider’ means a state or local political subdivision or person or entity providing telecommunications service to the public for hire over a facility, operation, or system that is directly or indirectly owned by, operated by, or a financial benefit obtained by or derived from, an agency or entity of the State or any local government. ‘Government owned telecommunications service provider’ does not include the State Budget and Control Board for services provided as of this act’s effective date. The term ‘government-owned telecommunications service provider’ does not include any state or local governmental entity or agency that obtains or derives financial benefit solely from leasing or renting, to any person or entity, property that is not, in and of itself, a facility used to provide telecommunications service. (2) ‘Telecommunications service’ for the purpose of this section is defined in Section 58-9-2200(1). (3) ‘Person’ as defined in Section 58-9-10(4) includes a ‘government-owned telecommunications service provider’. Section 58-9-2620. (A) Notwithstanding any other provision of law, a government-owned telecommunications service provider shall: (1) be subject to the same local, state, and federal regulatory, statutory, and other legal requirements that nongovernment-owned telecommunications service providers are subject to, including regulation by the Public Service Commission; (2) not be the recipient of any financial benefits of any type that nongovernment-owned telecommunications service providers are not recipients of including, but not limited to, tax exemptions, governmental subsidies of any type, or tax exempt financing; (3) not be permitted to subsidize the cost of providing telecommunications service with funds from any other nontelecommunications service, operation, or other revenue source. If a determination is made that a direct or indirect subsidy has occurred, the government-owned telecommunications service provider immediately shall increase prices for telecommunications service in a manner that ensures that the subsidy shall not continue, and any

155 TUESDAY, MAY 21, 2002 amounts used directly or indirectly to subsidize the past operations shall be reimbursed to the general treasury of the appropriate state or local government; (4) impute, in calculating the cost incurred and in the rates to be charged for the provision of telecommunications services, the following: (a) cost of capital component, including depreciation expense, that is the equivalent to the cost of capital available to nongovernment- owned telecommunications service providers in the same state or locality, and (b) an amount equal to all taxes, licenses, fees, and other assessments applicable to a nongovernment-owned telecommunications provider including, but not limited to, federal, state, and local taxes, rights-of-way franchise consent, or administrative fees, and pole attachment fees; (5) keep separate books and separately account for the revenues, expenses, property, and source of investment dollars associated with the provision of telecommunications service; (6) be required to prepare and publish an independent annual audit in accordance with generally accepted accounting principles that reflects the full cost of providing the service, including all direct and indirect costs. The indirect costs shall include, but are not limited to, amounts for rights-of-way franchise, consent, or administrative fees, regulatory fees, occupation taxes, pole attachment fees, and ad valorem taxes. The annual accounting must reflect any direct or indirect subsidies received by the government-owned telecommunications provider. Records demonstrating compliance with the provisions of this section shall be filed with the Public Service Commission and be made available for public inspection and copying. The compliance shall be overseen by the Public Service Commission pursuant to and not inconsistent with its power and jurisdiction set forth by law including Section 58-3-140; and (7) the term ‘public’ means the public generally or any limited portion of the public, including a person or corporation. The term ‘public’ excludes governmental agencies or entities when they receive telecommunications service from the Budget and Control Board pursuant to its statutory authority or other legal requirements. Section 58-9-2630. (A) A government-owned telecommunications service provider shall pay or collect taxes each year in a manner equivalent to taxes paid by nongovernment-owned telecommunications service providers through payment of the following:

(1) all state taxes, including corporate income taxes, under Section 12-6-530 and utility license taxes under Section 12-20-100; (2) all local taxes, including local business license taxes, under Section 58-9-2230, together with any franchise fees and other local taxes and fees, including impact, user, service, or permit fees, pole rental fees, and rights-of-way, franchise, consent, or administrative fees; and (3) all property taxes on otherwise exempt real and personal property that are directly used in the provision of telecommunication services. (B) A government-owned telecommunications service provider shall be required to compute, collect, and remit taxes in the same manner as a nongovernment-owned telecommunications service provider and shall be entitled to the same deductions. (C) A government-owned telecommunications service provider shall remit to the Department of Revenue any local tax or fee that it imposes and would otherwise be entitled to retain, and the Department of Revenue shall deposit these monies into the general fund and have the same rights and responsibilities as the local government entity to collect, audit, or contest the amount of the taxes paid. (D) The taxpayer confidentiality provisions contained in Title 12 shall not apply to government-owned telecommunications service providers. Section 58-9-2650. The Department of Insurance must determine the South Carolina average market rate for private sector liability insurance for telecommunications operations. In order to have government-owned and nongovernment-owned telecommunications service providers in the same competitive position, to the extent possible, the rate paid for liability insurance for government-owned telecommunications operations must be equal to or greater than the average market rate for private sector liability insurance in South Carolina as determined by the Department of Insurance. To the extent that any government-owned telecommunications service provider pays less than the average market rate for this insurance established by the Department of Insurance, the difference shall be remitted by the government-owned telecommunications service provider to the State Treasurer for deposit in the state general fund. SECTION 2. Section 58-5-30 of the 1976 Code is amended to read: “Section 58-5-30. Nothing Except as provided in Article 23, Chapter 9 of Title 58, nothing contained in Articles 1, 3, and 5 of this chapter shall give the commission any power to regulate or interfere with

157 TUESDAY, MAY 21, 2002 public utilities owned or operated by or on behalf of any municipality or regional transportation authority (as defined in Chapter 25 of this title) or their agencies.” SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, the holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. SECTION 4. This act takes effect upon approval by the Governor. / Renumber sections to conform. Amend totals and title to conform.

Rep. CATO explained the amendment.

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

S. 42 -- Senators J. V. Smith, Giese, Reese and Branton: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52,

RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.

POINT OF ORDER Rep. WEEKS 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.

S. 1007 -- Senators Bauer, Gregory, Ravenel, Ritchie, Branton, Hawkins, Fair, Hayes and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION; AND SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR.

POINT OF ORDER Rep. KELLEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not

159 TUESDAY, MAY 21, 2002 been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.

S. 668--AMENDED AND ORDERED TO THIRD READING The following Bill was taken up:

S. 668 -- Senator J. V. Smith: A BILL TO AMEND SECTION 41- 27-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING PARAGRAPHS TO SPECIFICALLY NAME NATIVE AMERICAN TRIBES AND TO AUTOMATICALLY COVER EMPLOYING UNITS LIABLE UNDER THE FEDERAL UNEMPLOYMENT TAX ACT; TO AMEND CHAPTER 27, TITLE 4, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-235 TO PROVIDE NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER; TO AMEND SECTION 41-27-260, RELATING TO EXEMPTED EMPLOYMENT, TO CLARIFY THAT AN APPOINTED SUCCESSOR OF AN ELECTED OFFICIAL IS CONSIDERED THE SAME AS AN ELECTED OFFICIAL AND TO ADD AN EXEMPTED EMPLOYMENT DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS, TO REDUCE THE INITIAL TWENTY-FOUR MONTH RATING PERIOD TO TWELVE MONTHS AND TO ONCE A YEAR; TO AMEND SECTION 41-31-60, RELATING TO DELINQUENT REPORTS, TO REDUCE THE EMPLOYER DELINQUENT REPORT PENALTY FROM FIVE AND FOUR-TENTHS TO TWO AND SIXTY-FOUR HUNDREDTHS PERCENT; TO AMEND SECTION 41-31-110, RELATING TO COMPUTATION RATES APPLICABLE TO SUCCESSORS, TO REDUCE THE SUCCESSOR RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41- 31-160, RELATING TO FREQUENCY OF CONTRIBUTION REPORTS, TO REQUIRE ELECTRONIC WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80, RELATING TO THE UNEMPLOYMENT TRUST FUND, TO CORRECT A SECTION REFERENCE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9179HTC02), which was adopted: Amend the bill, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. Article 3, Chapter 27, Title 41 of the 1976 Code is amended by adding: “Section 41-27-235. (A) The term ‘employment’ means service performed in the employ of a Native American tribe, as defined in Section 3306(u) of the Federal Unemployment Tax Act (FUTA), if the service is excluded from ‘employment’ as defined in FUTA solely by reason of Section 3306(C)(7), FUTA, and is not otherwise excluded from ‘employment’ under this title. (B) Benefits based on service in employment defined in this section are payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject under this title. (C)(1) Native American tribes or tribal units including subdivisions, subsidiaries, or business enterprises wholly owned by such tribes subject to this title shall pay contributions under the same terms and conditions as all other subject employers, unless they elect to pay into the state unemployment trust fund amounts equal to the amount of benefits attributable to service in the employ of the Native American tribe or tribal unit including all extended benefits paid for any reason. (2) Native American tribes or tribal units that elect to pay benefits attributable to service in their employ but fail to reimburse the required payments, including interest and penalty assessments, within ninety days of the receipt of a bill, cause the Native American tribe or tribal unit to lose the option to make payments in lieu of contributions for the following tax year unless payment in full is received before the contribution rates for the next year are computed. The commission shall notify the United States Internal Revenue Service and the United States Department of Labor of a tribe or tribal unit’s failure to make required payments within ninety days of a final notice of delinquency. (3) A Native American tribe or tribal unit that loses the option to make payments in lieu of contributions shall have that option reinstated if, after a period of one year, all contributions have been paid on a timely basis and no contributions, payments in lieu of contributions, penalties, or interest remain outstanding.”

SECTION 2. Section 41-27-210 of the 1976 Code is amended by adding at the end: “(13) Any Native American tribe or tribal unit for which service in employment as defined in Chapters 27 through 41 of this title is performed. (14) Any employing unit which is liable under the Federal Unemployment Tax Act, Section 3301 of the Internal Revenue Code of 1986, is a covered employer immediately upon having its first South Carolina employment, regardless of the number of employees working in South Carolina or the period for which they are employed.” SECTION 3. A. Section 41-27-260(5)(a) of the 1976 Code is amended to read: “(a) As an elected official or as the appointed successor of an elected official;” B. Section 41-27-160 of the 1976 Code, as last amended by Act 7 of 1995, is further amended by adding at the end: “(17) Services performed as a member of a Native American tribal council or services in a fishing rights related activity of a Native American tribe by a member of such tribe for another member of such tribe or by a qualified Native American entity.” SECTION 4. Section 41-31-40 of the 1976 Code, as last amended by Act 37 of 1999, is further amended to read: “Section 41-31-40. Each employer’s base rate for the twelve months commencing January first of any calendar year is determined in accordance with Section 41-31-50 on the basis of his record up to July first of the preceding calendar year, but no employer’s base rate is less than two and sixty-four hundredths percent until there have been twenty-four twelve consecutive months of coverage after first becoming liable for contributions under Chapters 27 through 41 of this title. Each employer who completes twenty-four twelve consecutive calendar months of coverage after first becoming liable for contributions under the chapters during the current calendar year shall have a base rate computed on the basis of his record up through the next occurring June thirtieth, with that base rate being effective for the next calendar year beginning in January at the beginning of the calendar quarter following the calendar quarter during which twenty-four consecutive months of coverage are completed based on the employer’s experience through the preceding quarter. The base rate computed in accordance with Section 41-31-50 is applicable for the remainder of the current calendar year. For those employers completing the twenty-four months of coverage during the current calendar year, a

162 TUESDAY, MAY 21, 2002 new base rate for the succeeding calendar year is determined on the basis of their records through December thirty-first of the current year.” SECTION 5. Section 41-31-60(1) of the 1976 Code, as last amended by Act 37 of 1999, is further amended to read: “(1) If on the computation date upon which an employer’s base rate is to be computed as provided in Section 41-31-40 there is a delinquent report, a base rate of five and four-tenths two and sixty - four hundredths percent must be assigned until the next computation date for the period to which the computation applies. The assigned base rate is applicable for the entire period for which the computation is made even though the delinquent report is subsequently received. If the base rate for the prior year or the computed base rate for the computation period is greater than two and sixty - four hundredths percent, the higher rate must be assigned until the next computation date.” SECTION 6. Section 41-31-110 of the 1976 Code, as last amended by Act 37 of 1999, is further amended to read: “Section 41-31-110. Whenever any person or other legal entity has in any manner succeeded to or has acquired substantially all or a distinct and severable portion of the business of another, as provided in Sections 41-31-100 and 41-31-120, the base rates of contributions are computed as follows: (a) If the successor is not already an employer at the time of the acquisition, the base rate of contributions applicable to the predecessor employer with respect to the period immediately preceding the date of acquisition, if there is only one predecessor employer, shall apply to the successor employer for the remainder of the calendar year. The base rate for the subsequent calendar year is computed based upon the employment benefit experience record of the predecessor or upon the combined employment benefit experience record of the predecessor and the successor, if applicable, as of June thirtieth of the year in which the acquisition occurred. (b) If the successor is not already an employer at the time of the acquisition and there is more than one transferring employer with a different base rate, the successor employer is assigned the base rate of that transferring employer who has the highest base rate with the base rate being applicable until the end of the quarter in which the succession occurs for the remainder of the year. (c) If the successor is already an employer at the time of the acquisition, the base rate of contributions applicable at the time of the

163 TUESDAY, MAY 21, 2002 acquisition to the successor employer shall continue to be applicable until the end of the quarter in which succession occurs for the remainder of the year. For the purposes of items (a), (b), and (c), the base rate as assigned continues in effect until the first day of the next calendar quarter immediately following the acquisition, at which time the commission shall compute a base rate based upon the combination of that portion of the employment benefit experience record acquired from the predecessor with the employment benefit experience record of the successor, subject to the provisions of this article, which base rate is applicable to the successor from the first day of the quarter for the remainder of the calendar year and until the time. If the acquisition occurred prior to July first, the base rate for the subsequent calendar year is computed based upon the combined employment benefit experience record as of June thirtieth of the year in which the acquisition occurred; if the acquisition occurred subsequent to June thirtieth, the base rate for the subsequent calendar year is computed based upon the combined employment benefit experience record as of December thirty-first. All base rates thereafter are computed upon the basis of the combined employment benefit experience record meets the requirements and at such time as provided in Section 41-31-40.” SECTION 7. Section 41-31-160 of the 1976 Code is amended to read: “Section 41-31-160. The commission shall not require contribution and wage reports more frequently than quarterly. Effective with the quarter ending March 31, 2003, every employer with two hundred fifty or more employees and every individual or organization that, as an agent, reports wages on a total of two hundred fifty or more employees on behalf of one or more subject employers, and effective with the quarter ending March 31, 2005, every employer with one hundred or more employees and every individual or organization that, as an agent, reports wages on a total of one hundred or more employees on behalf of one or more subject employers, shall file that portion of the ‘Employer Quarterly Contribution and Wage Reports’ containing the employee’s social security number, name, and total wages on magnetic tapes, diskettes, or electronically, in a format approved by the commission. The commission may waive the requirement to file using magnetic media if hardship is shown. In determining whether a hardship has been shown, the commission shall take into account, among other relevant factors, the ability of the taxpayer to comply with the filing requirement at a reasonable cost.”

SECTION 8. The first paragraph of Section 41-33-80 of the 1976 Code is amended to read: “Except as provided in Section 41-33-180, monies shall must be requisitioned from this state’s account in the unemployment trust fund solely for the payment of benefits or refunds pursuant to Section 41-33-360 41 - 31 - 360 or item (6) of Section 41-27-260 and in accordance with regulations prescribed by the commission, except that money credited to this account pursuant to Section 903 of the Social Security Act, as amended, shall must be used exclusively as provided in Sections 41-33-130 to 41-33-160.” SECTION 9. This act takes effect upon approval by the Governor./ Renumber sections to conform. Amend totals and title to conform.

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

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

S. 634--AMENDED AND ORDERED TO THIRD READING The following Bill was taken up:

S. 634 -- Senators Wilson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-305 SO AS TO PROVIDE THAT UPON RECEIVING PROPER AUTHORITY FROM THE UNITED STATES GOVERNMENT, THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SELECTIVE SERVICE REGISTRATION FOR CERTAIN PERSONS AT THE TIME IT ISSUES, RENEWS, OR PROVIDES A DUPLICATE COPY OF A DRIVER'S LICENSE OR IDENTIFICATION CARD.

The Education and Public Works Committee proposed the following Amendment No. 1 (DocName COUNCIL\GGS\AMEND\ 22589CM02), which was adopted: Amend the bill, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. The 1976 Code is amended by adding:

“Section 23-6-305. (A) Upon receiving proper authority from the United States Government, a United States male citizen or immigrant who is less than twenty-six years of age must be registered for the United States Selective Service when applying to the Motor Vehicles Division of the Department of Public Safety for the issuance, renewal, or a duplicate copy of: (1) a driver’s license; (2) a commercial driver’s license; or (3) an identification card. (B) The Motor Vehicles Division shall forward in an electronic format the necessary personal information required for registration of individuals identified in this section to the Selective Service System. (C) An individual’s submission of an application contained in subsection (A) serves as an indication that the individual has registered with the Selective Service System or that he is authorizing the Motor Vehicles Division to forward to the Selective Service System information necessary for his registration. (D) The Motor Vehicles Division shall inform the individual who is at least eighteen years of age and less than twenty-six years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System, if required by federal law. (E) The Motor Vehicles Division shall inform the individual who is less than eighteen years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System upon attaining eighteen years of age, if required by federal law. His application also must be signed by his parent or guardian. By signing the application, the parent or guardian authorizes the Motor Vehicles Division to register the applicant with the Selective Service System upon attaining eighteen years of age, if required by federal law. The applicant, parent, or guardian may decline the Selective Service System registration. If the applicant, parent, or guardian, declines the Selective Service System registration, the Motor Vehicles Division may issue a license or identification card, but the applicant must renew the license or identification card upon attaining eighteen years of age.” SECTION 2. This act takes effect upon the Motor Vehicles Division’s receipt from the federal government of the funds necessary to implement this act. / Amend title to conform.

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

H. 4957--POINT OF ORDER The following Bill was taken up:

H. 4957 -- Rep. Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10- 1-210 SO AS TO REQUIRE THAT THE OFFICIAL FLAG OF THE NATIONAL LEAGUE OF FAMILIES OF AMERICAN PRISONERS AND MISSING IN SOUTHEAST ASIA BE FLOWN ATOP THE DOME OF THE STATE HOUSE AND ON THE GROUNDS OF OR ATOP ALL SOUTH CAROLINA STATE WELCOME CENTERS AND STATE OFFICE BUILDINGS ON CERTAIN DAYS.

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

S. 992 -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59- 5-71 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A TASK FORCE TO RECOMMEND A UNIFORM BEGINNING DATE FOR THE ANNUAL SCHOOL TERM, TO PROVIDE THE DATES WHEN THE RECOMMENDATION OF THE TASK FORCE IS DUE, AND TO PROVIDE THAT THE STATE BOARD SHALL ADOPT AND THE SEVERAL SCHOOL DISTRICTS OF THIS STATE SHALL IMPLEMENT THE RECOMMENDATION FOR A BEGINNING DATE EFFECTIVE WITH THE 2003-2004 SCHOOL YEAR TO THE EXTENT THAT NO ANNUAL SCHOOL TERM IN ANY

SCHOOL DISTRICT MAY BEGIN BEFORE THE RECOMMENDED STARTING DATE FOR SCHOOLS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22583CM02): Amend the bill, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. The 1976 Code is amended by adding: “Section 59-5-71. The State Board of Education is directed to establish a task force comprised of superintendents, principals, teachers, parents, school board members, and representatives of business and industry, including tourism-related industries, no later than July 1, 2002. This task force, to the extent possible, must be divided equally among proponents of existing or earlier starting dates for schools, proponents of later starting dates for schools, including proponents for dates after Labor Day, and persons who legitimately have no preferences. The task force shall make recommendations to the board including, but not limited to, a suggested uniform beginning date for the annual school term. Minimum necessary expenses, if any, associated with the work of this task force must be paid to the members. The task force shall report its findings to the State Board of Education no later than January 1, 2003.” SECTION 2. This act takes effect upon approval by the Governor. / Renumber sections to conform. Amend title to conform.

Rep. TOWNSEND explained the amendment.

POINT OF ORDER Rep. KELLEY 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.

S. 996--AMENDED AND ORDERED TO THIRD READING The following Joint Resolution was taken up:

S. 996 -- Senators Courson, Alexander, Anderson, Bauer, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms,

Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A JOINT RESOLUTION TO CREATE THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\ 5390DJC02), which was adopted: Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting: /SECTION 1. The Armed Forces of the United States Veterans Monument Commission is created to design and establish an appropriate monument to be placed on the grounds of the Capitol Complex to recognize and honor the accomplishments of South Carolina veterans who have served honorably, in peace or war, in any of the five branches of the Armed Forces of the United States of America. The flags flown would be the flag of the United States, the flags of the United States Army, the United States Navy, the United States Marine Corps, the United States Coast Guard, and the United States Air Force, and the flag commonly known as the POW/MIA flag. The inscription on the monument should be: “The State of South Carolina is eternally grateful to her sons and daughters who honorably served in the Armed Forces of the United States of America.” The commission is authorized to determine whether funds for the monument should be derived from public or private sources, and the commission is authorized to designate the location of the monument. If the commission determines funds for the monument should be derived from private sources, the commission is empowered and directed to raise private funds, to receive private grants, and to receive gifts to carry out the purpose for which the commission is created. If the commission determines funding for the monument should be public, the commission may recommend an appropriation for the monument. By February 1, 2003, the commission shall report the proposed design, location, and dedication date to the State House Committee. By March 1, 2003, the commission shall report the proposed design, location, and dedication date of the monument to the General

Assembly, and shall include its recommendations as to funding and a report as to any funds collected from private sources. The site and monument shall be of a sufficient area and designed so that the flags of the five branches of the Armed Forces and the United States can be flown at the location selected. Upon the dedication of this monument, the commission is dissolved. Upon dissolution the State shall ensure proper maintenance of the monument as is done for other historical monuments on the grounds of the Capitol Complex. The commission shall be comprised of three members of the Senate to be appointed by the President Pro Tempore of the Senate, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, and three members who may or may not be members of the General Assembly to be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code of Laws or any other provision of law, members of the General Assembly may be appointed to this commission and may serve on the commission. Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions. SECTION 2. This joint resolution takes effect upon approval by the Governor. / Renumber sections to conform. Amend totals and title to conform.

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

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

S. 911 -- Senator Pinckney: A BILL TO CONFIRM AND RATIFY ALL PROCEEDINGS OF THE TRUSTEES AND OFFICIALS OF THE JASPER COUNTY SCHOOL DISTRICT IN CALLING AND HOLDING A SPECIAL ELECTION ON SEPTEMBER 29, 2001, PURSUANT TO THE “JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT”, ON THE

QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS IN AN AMOUNT NOT EXCEEDING FORTY-FIVE MILLION NINE HUNDRED SIXTY-NINE THOUSAND NINE HUNDRED SIXTY- FIVE DOLLARS AND IMPOSING A ONE PERCENT SPECIAL SALES AND USE TAX FOR NOT MORE THAN TWENTY-FIVE YEARS, AND AUTHORIZING THE ISSUANCE OF THE BONDS AND THE IMPOSITION OF THE SALES TAX IN FURTHERANCE OF THE VOTE AT THE ELECTION.

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

S. 12 -- Senators Richardson, Mescher, Grooms, McConnell and Branton: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.

POINT OF ORDER Rep. SCOTT 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.

S. 1246--POINT OF ORDER The following Joint Resolution was taken up:

S. 1246 -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21380SD02): Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. During its annual review of the ratings for school and district report cards, the Education Oversight Committee shall include an examination, to include, but not be limited to the following: (1) the potential for the Palmetto Achievement Challenge Tests (PACT) to report student progress between grade level tests; (2) providing technically valid incremental information between performance levels; (3) the potential for using weighted and non-weighted formulas for determining individual student improvement; (4) providing diagnostic information essential to the improvement of instruction; and (5) the incorporation of requirements set forth with the 2001 amendments to the Elementary and Secondary Education Act. As part of this annual review of ratings, the Education Oversight Committee shall establish a task force composed of at least five members representing both educators in the State and national or regional experts in the field to aid in the review of the ratings for school and district report cards. Every effort should be made to insure that within the appointments of educators, care be given to include all geographic areas of the State. A report of the study shall be completed by March 31, 2003, and shall be issued to the House Education and Public Works Committee and the Senate Education Committee no later than April 15, 2003. In order to conduct this review by March 31, 2003, the State Department of Education shall work with the Education Oversight Committee to provide by December 1, 2002, the necessary information for the task force to complete their study. SECTION 2. This joint resolution takes effect upon approval by the Governor. / Renumber sections to conform. Amend totals and title to conform.

Rep. WALKER explained the amendment.

POINT OF ORDER Rep. VAUGHN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number

172 TUESDAY, MAY 21, 2002 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.

S. 232--REQUESTS FOR DEBATE WITHDRAWN Reps. GOVAN and SCOTT withdrew their requests for debate on S. 232; however, other requests for debate remained on the Bill.

OBJECTION TO RECALL Rep. STUART asked unanimous consent to recall H. 5223 from the Committee on Education and Public Works. Rep. KELLEY objected.

S. 1131--REQUEST FOR DEBATE WITHDRAWN Rep. RHOAD, with unanimous consent, withdrew his request for debate on S. 1131; however, other objections and requests for debate remained on the Bill.

S. 65--RECALLED FROM COMMITTEE ON JUDICIARY On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 65 -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE PUBLICLY ANNOUNCES AN INTENTION TO OFFER FOR THAT OFFICE AS A WRITE-IN CANDIDATE BY TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND TO PROVIDE FOR THE APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.

H. 4386--POINT OF ORDER The Senate amendments to the following Bill were taken up for consideration:

H. 4386 -- Reps. Witherspoon, Littlejohn, W. D. Smith, Vaughn, Altman, Walker and Knotts: A BILL TO AMEND SECTION 12-37- 252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, OR LEGALLY BLIND, AND THE ACCOMPANYING FOUR PERCENT ASSESSMENT RATIO APPLICABLE TO SUCH A HOMESTEAD FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED TAXPAYER IS DEEMED THE AGENT OF THE DECEASED TAXPAYER FOR ALL PURPOSES OF APPLYING FOR THE ASSESSMENT RATIO AND EXEMPTION AND ANY CLAIM FOR REFUND ARISING THEREUNDER AND TO ALLOW THESE APPLICATIONS AND CLAIMS FOR REFUND FOR PROPERTY TAX YEARS BEGINNING AFTER 2000.

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

H. 5202--NONCONCURRENCE IN SENATE AMENDMENTS The Senate amendments to the following Joint Resolution were taken up for consideration:

H. 5202 -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.

Rep. MILLER explained the Senate Amendments.

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

H. 5060--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED The Senate amendments to the following Bill were taken up for consideration:

H. 5060 -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J. H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J. R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH

THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Rep. DELLENEY 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.

H. 5007 -- Reps. Klauber and Carnell: A BILL TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, BY ADDING ARTICLE 5 SO AS TO ALLOW THE SOUTH CAROLINA RETIREMENT SYSTEMS TO PROVIDE INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115, RELATING TO THE PROVIDING OF CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.

Rep. RISER explained the Senate Amendments.

H. 3601--POINT OF ORDER The Senate amendments to the following Bill were taken up for consideration:

H. 3601 -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.

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

H. 4258 -- Reps. Sharpe, Wilkins, W. D. Smith and Davenport: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE

PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA ENVIRONMENTAL EXCELLENCE PROGRAM, TO ESTABLISH PILOT PROGRAM PROCEDURES AND BASIC TERMS OF AGREEMENT BETWEEN THE DEPARTMENT AND PARTICIPANTS, TO REQUIRE PUBLIC NOTICE OF AGREEMENTS BEING CONSIDERED FOR APPROVAL OR REVOCATION, TO AUTHORIZE VARIANCES FROM EXISTING LAW, AND TO REQUIRE PARTICIPANTS TO COMPLY WITH CERTAIN REPORTING AND ENFORCEMENT PROCEDURES.

Rep. WITHERSPOON explained the Senate Amendments.

H. 5285--ADOPTED AND SENT TO SENATE The following Concurrent Resolution was taken up:

H. 5285 -- Reps. Campsen and Ott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT AN APPROPRIATE SIGN OR MARKER ON SULLIVAN'S ISLAND ON THE EASTERN SIDE OF THE BRIDGE, CURRENTLY UNDER CONSTRUCTION THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 TO COMMEMORATE THE BATTLE OF SULLIVAN'S ISLAND AND COLONEL WILLIAM THOMSON, WHO LED THE AMERICAN FORCES AT THE BATTLE OF SULLIVAN'S ISLAND WHICH DEFEATED A BRITISH CONTINGENT ON JUNE 28, 1776.

Whereas, on June 28, 1776, a British fleet with eleven ships and an invasion force of approximately three thousand regulars and marines struck at the heart of the colony known as South Carolina by launching an assault on the unfinished palmetto log and sand fort on Sullivan’s Island manned by approximately seven hundred American soldiers; and

Whereas, leading the forces of the colonists was Colonel William Thomson, a fearless leader and driving force in severing ties with Great Britain; and

Whereas, the British landed on Long Island (now the Isle of Palms) and intended to invade across Breach Inlet and attack the fort from the rear, but the water proved to be too deep and swift; and

Whereas, when the British tried an amphibious landing, Colonel Thomson’s forces repelled them with lethal markmanship; and

Whereas, the fort’s construction, made of spongy palmetto logs, caused the heavy bombardment from the British fleets cannon fire to harmlessly bounce off; and

Whereas, the British withdrew in complete disarray and Colonel Thomson’s forces at the Battle of Sullivan’s Island prevailed in what was to give the Revolutionary cause a significant psychological boost; and

Whereas, it is appropriate that the Department of Transportation erect an appropriate sign or marker to recognize the heroic and gallant leadership of Colonel William Thomson at the Battle of Sullivan’s Island. Now, therefore,

That the Department of Transportation erect an appropriate sign or marker on Sullivan’s Island on the eastern side of the bridge, currently under construction that spans Breach Inlet between Sullivan’s Island and the Isle of Palms in Charleston County on South Carolina Highway 703 to commemorate the Battle of Sullivan’s Island and Colonel William Thomson, who led the American forces at the Battle of Sullivan’s Island which defeated a British contingent on June 28, 1776.

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

Rep. FLEMING explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

H. 5284 -- Rep. Tripp: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE WHICH CROSSES OVER THE SOUTHERN CONNECTOR ON STANDING SPRINGS ROAD IN GREENVILLE COUNTY AS THE "PRESTON J. TUCKER, SR., BRIDGE" IN HONOR OF THIS FINE SOUTH CAROLINIAN.

Whereas, Preston J. Tucker, Sr., was a native of Greenville County who was a respected community leader and farmer until his death in 1991; and

Whereas, Mr. Tucker owned the property where a bridge now crosses over the Southern Connector on Standing Springs Road; and

Whereas, Mr. Tucker’s wife and children continue to live on the property adjoining this site; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to him if this bridge were named in his honor. Now, therefore,

That the members of the South Carolina General Assembly, by this resolution, hereby request that the Department of Transportation name the bridge which crosses over the Southern Connector on Standing Springs Road in Greenville County as the “Preston J. Tucker, Sr., Bridge” in honor of this fine South Carolinian and the department is further requested to install appropriate markers or signs at this bridge as the department considers appropriate.

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

H. 5283 -- Reps. Chellis, Cotty, Sinclair, Sharpe, Allen, Altman, Bales, Barfield, Barrett, Battle, R. Brown, Campsen, Cato, Coates, Cobb-Hunter, Dantzler, Davenport, Edge, Fleming, Freeman, Frye, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Huggins, Jennings, Keegan, Koon, Law, Limehouse, Littlejohn, McCraw, McGee, Meacham-Richardson, Merrill, Miller, Owens, Phillips, Rice, Riser, Rivers, Scarborough, Simrill, D. C. Smith, F. N. Smith, J. R. Smith, Snow, Thompson, Townsend, Vaughn, Walker, Webb, White and A. Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS TO ADOPT AND MAINTAIN POLICIES THAT WOULD LIMIT THE FURTHER OVER-VALUATION OF THE UNITED STATES DOLLAR IN ORDER TO PLACE UNITED STATES MANUFACTURERS ON EVEN GROUND WITH FOREIGN COMPETITORS.

Whereas, the current economic recession in the United States is to a large degree the result of a manufacturing recession that is worsened by the ever-rising value of the United States currency; and

Whereas, the United States dollar valuation now stands at a sixteen-year high compared to foreign currencies; and

Whereas, an over-valuation of the United States currency that exceeds a reasonable valuation consistent with underlying economic fundamentals results in a drastic reduction of the exportation of United States products and the attendant loss of employment in this country; and

Whereas, the negative trade gap between the United States and its economic trading partners could result in a permanent loss of jobs to overseas competitors as United States businesses lose distribution channels to foreign competitors; and

Whereas, the thirty percent over-valuation of the United States dollar as measured by the United States Federal Reserve Board relative to other major currencies has the further negative impact of lowering

181 TUESDAY, MAY 21, 2002 prices of foreign products in the United States, in affect creating a thirty percent tariff on domestic products. Now, therefore,

That the members of the South Carolina General Assembly, by this resolution, memorialize the President and the Congress to adopt and maintain policies that would limit the further over-valuation of the United States dollar in order to place United States manufacturers on even ground with foreign competitors.

Be it further resolved that a copy of this resolution be forwarded to the United States House of Representatives, the Senate, the President of the United States, and each member of the South Carolina Congressional Delegation.

Rep. CHELLIS explained the Resolution.

H. 4284 -- Reps. Barrett, White and Sandifer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO STOP THE UNITED STATES CORPS OF ENGINEERS FROM GRANTING THE REQUEST OF HABERSHAM COUNTY IN GEORGIA TO WITHDRAW AND TRANSFER WATER FROM LAKE TUGALOO IN GEORGIA AND THE SAVANNAH RIVER TO THE CHATTAHOOCHEE RIVER.

Whereas, Habersham County in the State of Georgia has made application with the United States Corps of Engineers to withdraw 12.5 million gallons of water each day from Lake Tugaloo in Georgia to be diverted from the Savannah River Basin to the Chattahoochee Basin to supply the citizens and businesses of that region with their present and future water needs; and

Whereas, many residents of the Savannah River Basin, especially those residing near Lake Tugaloo, object to this use of the water and

182 TUESDAY, MAY 21, 2002 believe that due to drought conditions within the Savannah River Basin that this additional drain on Lake Tugaloo would affect the quality of life and property values of residents living near Lake Tugaloo. Now, therefore,

That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the United States Congress to stop the United States Corps of Engineers from granting the request of Habersham County in Georgia to withdraw and transfer water from Lake Tugaloo in Georgia and the Savannah River to the Chattahoochee River.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, each member of the South Carolina Congressional Delegation, and the United States Corps of Engineers.

RECURRENCE TO THE MORNING HOUR Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.

REPORT OF STANDING COMMITTEE Rep. TOWNSEND, from the Anderson Delegation, submitted a favorable report on:

H. 5239 -- Rep. Townsend: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAPPORTION THE DISTRICTS FROM WHICH BOARD MEMBERS ARE ELECTED AND DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS.

H. 5239--AMENDED AND ORDERED TO THIRD READING On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was taken up for immediate consideration:

H. 5239 -- Rep. Townsend: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAPPORTION THE DISTRICTS FROM WHICH BOARD MEMBERS ARE ELECTED AND DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS.

Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5409DW02), which was adopted: Amend the bill, as and if amended, by striking lines 35 through 38, on page 1, in SECTION 1, and inserting: / districts. Beginning with the election conducted in 2002 the nine defined single - member election districts from which each member of the Anderson County Board of Education must be elected by the qualified electors of that district are as shown on the official map designated as S - 07 - 00 - 02 prepared by and on file with the Office of Research and Statistical Services of the State Budget and Control Board.” / Renumber sections to conform. Amend totals and title to conform.

The amendment was then adopted.

H. 5308 -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND JOHN C. ANDERSON OF CHAPIN FOR HIS THIRTY- ONE YEARS OF DEDICATED SERVICE AND COMMITMENT TO EDUCATION, CONGRATULATE HIM FOR MANY OUTSTANDING ACHIEVEMENTS THROUGHOUT HIS DISTINGUISHED CAREER AS A TEACHER, EDUCATOR, AND SCHOOL PRINCIPAL, AND EXTEND TO HIM AND HIS FAMILY

EVERY GOOD WISH ON THE OCCASION OF HIS RETIREMENT FROM CHAPIN HIGH SCHOOL.

H. 5309 -- Reps. Cobb-Hunter, Lee, Moody-Lawrence and Parks: A CONCURRENT RESOLUTION TO HONOR THE FIRST AFRICAN-AMERICAN WOMEN GRADUATES OF THE CITADEL AND TO COMMEND THEM FOR THEIR OUTSTANDING AND HISTORICAL ACHIEVEMENTS IN THE SOUTH CAROLINA CORPS OF CADETS.

HOUSE RESOLUTION On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:

H. 5310 -- Reps. Cobb-Hunter, Lee, Moody-Lawrence and Parks: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FIRST AFRICAN-AMERICAN WOMEN GRADUATES OF THE CITADEL AND SCHOOL OFFICIALS ON WEDNESDAY, MAY 22, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THESE GRADUATES FOR THEIR OUTSTANDING AND HISTORICAL ACHIEVEMENTS IN THE SOUTH CAROLINA CORPS OF CADETS.

That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the South Carolina House of Representatives to the first African-American Women Graduates of The Citadel and school officials on Wednesday, May 22, 2002, at a time to be determined by the Speaker, for the purpose of

185 TUESDAY, MAY 21, 2002 recognizing theses graduates for their outstanding and historical achievements in the South Carolina Corps of Cadets.

H. 5311 -- Reps. Neilson, Bales, Barrett, Bingham, Carnell, Clyburn, Cobb-Hunter, Cooper, Freeman, Gilham, Gourdine, Govan, M. Hines, Howard, Huggins, Keegan, Kelley, Koon, Lloyd, Martin, Moody- Lawrence, Owens, Parks, Perry, Quinn, Riser, Rivers, Rutherford, Sandifer, Sinclair, Snow, Stuart, Walker, Weeks, Whatley, White, Wilder, A. Young, Allen, Allison, Altman, Askins, Barfield, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Coates, Coleman, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Hosey, Jennings, Kennedy, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Mack, McCraw, McGee, McLeod, Meacham- Richardson, Merrill, Miller, J. H. Neal, J. M. Neal, Ott, Phillips, Rhoad, Rice, Rodgers, Scarborough, Scott, Sharpe, Sheheen, Simrill, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Webb, Whipper, Wilkins, Witherspoon and J. Young: A CONCURRENT RESOLUTION TO EXPRESS SINCERE AND IMMENSE GRATITUDE TO LAURA BENNETT OF BISHOPVILLE FOR THE IMMEDIATE ASSISTANCE SHE GAVE TO REPRESENTATIVE DENNY NEILSON INSTANTLY AFTER HER TERRIBLE TRAFFIC ACCIDENT ON FEBRUARY 8, 2001, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN HER FUTURE ENDEAVORS.

INTRODUCTION OF BILL The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5312 -- Reps. Loftis, Allen, Cato, F. N. Smith and Vaughn: A BILL TO PROVIDE THAT PUBLIC FUNDS MAY BE USED TO OFFER COSMETOLOGY LICENSING PREPARATORY COURSES AT TWO PRIVATELY FUNDED AND ONE PUBLICLY FUNDED POST-SECONDARY SCHOOLS IN GREENVILLE COUNTY.

RULE 5.12 WAIVED Rep. LOFTIS moved to waive Rule 5.12, which was agreed to by a division vote of 15 to 0. On motion of Rep. LOFTIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

RETURNED WITH CONCURRENCE The Senate returned to the House with concurrence the following:

H. 5292 -- Reps. McLeod, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH

OF CAPTAIN CARLTON BRADLEY SANDERS, UNITED STATES MARINE CORPS, OF LITTLE MOUNTAIN AND NEWBERRY COUNTY, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT At 1:20 p.m. the House, in accordance with the motion of Rep. WHITE, adjourned in memory of Bo Gilreath of Anderson, to meet at 10:00 a.m. tomorrow. ***