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					                        Thursday, May 9, 2002
                         (Statewide Session)

Indicates Matter Stricken
Indicates New Matter

 The House assembled at 10:00 a.m.
 Deliberations were opened with           prayer   by   Representative
CARNELL as follows:

   Dear Lord and Father of mankind, without You we can do little;
with You we are invincible. With thankful hearts for Your goodness,
we ask that You would take our minds and make them keener; take our
wills and make them obedient to Your will; take our strength and make
us stronger. Guide Your servants here that together we may dedicate
ourselves to a noble life, loyal to the teachings of Your holy word. We
pray in the Name of our Lord whose blessings are without number and
whose goodness never fails. Amen.

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

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

                       MOTION ADOPTED
  Rep. WITHERSPOON moved that when the House adjourns, it
adjourn in memory of former Senator James P. Stevens, Sr. of Horry
County, which was agreed to.

       REGULATION WITHDRAWN AND RESUBMITTED
Document No. 2684
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Renewal of Credentials
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2002
Withdrawn and Resubmitted February 8, 2002



                                  3156
                    THURSDAY, MAY 9, 2002

                      HOUSE RESOLUTION
  The following was introduced:

  H. 5246 -- Rep. G. Brown: A HOUSE RESOLUTION TO
COMMEND AND CONGRATULATE THE PLAYERS, COACHES,
AND STAFF OF THE LEE CENTRAL HIGH SCHOOL GIRLS
BASKETBALL TEAM OF LEE COUNTY ON THEIR
PHENOMENAL SEASON AND THEIR 2002 CLASS AA STATE
CHAMPIONSHIP AND TO WISH THEM MUCH ATHLETIC AND
ACADEMIC SUCCESS IN THE FUTURE.

  The Resolution was adopted.

                      HOUSE RESOLUTION
  The following was introduced:

   H. 5247 -- Reps. Tripp, Bingham, Taylor, A. Young, Barrett,
Campsen, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge,
Fleming, Frye, Hamilton, Harrison, Koon, Law, Leach, Limehouse,
Loftis, Lucas, McCraw, McGee, Meacham-Richardson, Merrill,
Neilson, Perry, Quinn, Sandifer, Scarborough, Sharpe, Simrill,
J. R. Smith, Talley and Vaughn: A HOUSE RESOLUTION
EXPRESSING THE SENSE OF THE HOUSE FOR HOUSE
CONFEREES APPOINTED TO THE CONFERENCE COMMITTEE
ON H. 4878, THE GENERAL APPROPRIATIONS ACT FOR
FISCAL YEAR 2002-2003, TO STAND FIRM IN OPPOSITION TO
THE INCREASE IN THE CONCEALED WEAPON PERMIT
APPLICATION FEE FROM FIFTY TO ONE HUNDRED DOLLARS
CONTAINED IN THE SENATE-PASSED VERSION OF THE BILL.
   The House Resolution was ordered referred to the Committee on
Ways and Means.

                      HOUSE RESOLUTION
  The following was introduced:

   H. 5248 -- Reps. Snow, Govan, Cobb-Hunter, Scott, Clyburn,
J. Hines, Moody-Lawrence and Lloyd: A HOUSE RESOLUTION TO
COMMEND         MR.     "SKIPP"      PEARSON    FOR      HIS
EXTRAORDINARY CONTRIBUTIONS TO THE WORLD OF JAZZ



                                3157
                      THURSDAY, MAY 9, 2002

MUSIC AND TO CONGRATULATE HIM ON HIS OUTSTANDING
CAREER AND ACCOMPLISHMENTS.

  The Resolution was adopted.

                      HOUSE RESOLUTION
  The following was introduced:

  H. 5249 -- Reps. J. E. Smith, Bales, J. Brown, Cotty, Harrison,
Howard, Lourie, J. H. Neal, Quinn, Rutherford and Scott: A HOUSE
RESOLUTION TO RECOGNIZE THE FIRM OF WILBUR SMITH
ASSOCIATES FOR ITS MANY PROFESSIONAL AND
CORPORATE ACCOMPLISHMENTS OVER THE COURSE OF ITS
FIFTY-YEAR HISTORY, AND CONGRATULATE IT ON THE
OCCASION OF ITS FIFTIETH ANNIVERSARY CELEBRATION
ON MAY 16, 2002.

  The Resolution was adopted.

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

   H. 5250 -- Reps. Lourie, Bales, Loftis, Kennedy, Koon, Leach,
J. Hines, J. E. Smith, Harrell, Kirsh, Coleman, Miller, Lloyd, Bingham,
Cotty, Sinclair, Whatley, Altman, Emory, Allen, R. Brown, Chellis,
Clyburn, Davenport, Edge, Freeman, Gourdine, Govan, Harrison,
Haskins, Howard, Klauber, Lee, Limehouse, McCraw, McGee,
McLeod, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Phillips,
Rhoad, Rice, Riser, Rivers, Rutherford, Scarborough, Scott,
D. C. Smith, F. N. Smith, G. M. Smith, Snow, Stille, Talley, Taylor,
Townsend, Walker, Webb, Wilder and Wilkins: A CONCURRENT
RESOLUTION TO DECLARE THE SUPPORT OF THE STATE OF
SOUTH CAROLINA FOR THE STATE OF ISRAEL AND TO
URGE ALL STATES AND NATIONS TO JOIN IN SUPPORTING
THIS GREAT COUNTRY IN ITS FIGHT AGAINST TERRORISM.

  Whereas, the Jewish people have had over 4,000 years of continuity
in their ancestral homeland and have been subjected to unspeakable
horrors of terror by others throughout their history; and


                                  3158
                       THURSDAY, MAY 9, 2002

  Whereas, the Holocaust of the Nazi terror regime, when over six
million Jewish people were killed only because of their beliefs, gave
need for a state for safe haven for Jews; and

  Whereas, for more than five decades since the legal establishment of
the State of Israel, its people have been subjected to continual terrorist
activities and wars by its neighbors; and

  Whereas, it is the moral right and duty for any legally established
nation to protect its people and its existence as Israel has done and
continues to do; and

   Whereas, in the wake of the terrorist attacks on the United States of
America on September 11, 2001, the United States, South Carolina,
and Israel now are committed to the same fight against worldwide
terrorism that threatens to destroy all of our civilization; and

   Whereas, even though in 1967, all of the West Bank, half of
Jerusalem, and all of the cities contained in the lands thereof were not
under the control of Israel, and without provocation Israel was still
attacked with the stated purpose being the complete and total
elimination of the State of Israel; and

   Whereas, the actions of Yasser Arafat and those who he supports and
harbors intentionally target civilians of Israel to be killed, which is the
definition of terrorism, thus making all those who pursue these actions
terrorists; and

  Whereas, the actions of the State of Israel have been only to hunt
down and bring to justice the terrorists and those who support and
harbor terrorism in order to protect the citizens of the State of Israel
which is the first duty of any sovereign, peaceful state in the world; and

  Whereas, Israel has consistently pursued these goals with the stated
goal of not harming innocent civilians in any way, therefore making
their actions legally defensive rather than terroristic; and

  Whereas, Israel is doing nothing more than the United States is
doing to hunt down and bring to justice the terrorists and the terrorist
organizations involved in the terrorist acts against innocent civilians in
New York, Washington, and Pennsylvania on September 11, 2001; and

                                    3159
                      THURSDAY, MAY 9, 2002

  Whereas, the State of South Carolina has many of her native men
and women serving in combat in the war against terror at this time; and

   Whereas, the people of South Carolina, along with all Americans,
grieve the senseless loss of innocent lives due to such infamous acts of
terror and evil throughout our world; and

  Whereas, the State of South Carolina publicly declares its
unequivocal support for the State of Israel in its need to maintain its
existence as a country and a democracy. Now, therefore,

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

   That the members of the General Assembly, by this resolution,
declare their support for the State of Israel and its relentless battle
against terrorism and urge all states and nations to join in supporting
this great country in its fight against terrorism.

   Be it further resolved that a copy of this resolution be forwarded to
the President of the United States, the South Carolina delegation to the
United States Congress, and to the Israeli embassy in Washington,
D.C., for transmission to all of the proper authorities in the State of
Israel.

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

                      HOUSE RESOLUTION
  The following was introduced:

  H. 5251 -- Reps. J. Hines, Neilson and Lucas: A HOUSE
RESOLUTION TO RECOGNIZE AND COMMEND ALTON
BEASLEY JEFFORDS OF LAMAR, SOUTH CAROLINA FOR HIS
NUMEROUS AND VALUABLE CONTRIBUTIONS TO THE
STATE'S FARMING AND AGRICULTURAL INDUSTRY.

  The Resolution was adopted.




                                  3160
                    THURSDAY, MAY 9, 2002

                 CONCURRENT RESOLUTION
  The following was introduced:

  H. 5252 -- Rep. Harvin: A CONCURRENT RESOLUTION TO
COMMEND AND EXTOL CHARLES ALLEN RIDGEWAY,
MAYOR OF THE TOWN OF SUMMERTON, FOR HIS
ENTHUSIASM AND DEDICATION BY KEEPING HIS
CAMPAIGN PROMISES TO CLEAN UP, FIX UP, AND IMPROVE
THE QUALITY OF LIFE IN THE TOWN AND TO EXTEND BEST
WISHES FOR GOOD HEALTH, HAPPINESS, AND PROSPERITY
IN ALL HIS FUTURE ENDEAVORS.

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

                 CONCURRENT RESOLUTION
  The following was introduced:

  H. 5253 -- Rep. D. C. Smith: A CONCURRENT RESOLUTION TO
COMMEND NANCY M. SMITH OF AIKEN COUNTY, FOR HER
LONG AND OUTSTANDING CAREER AS A TEACHER,
PRINCIPAL, AND ADMINISTRATOR AND TO WISH HER MANY
YEARS OF HEALTH AND HAPPINESS UPON HER
RETIREMENT.

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

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

  H. 5254 -- Reps. Clyburn, Sharpe, D. C. Smith and J. R. Smith: A
CONCURRENT RESOLUTION TO PROCLAIM MAY 2002
MENTAL HEALTH MONTH IN SOUTH CAROLINA AND TO
CALL UPON THE STATE'S CITIZENS, GOVERNMENT
AGENCIES,      PUBLIC      AND      PRIVATE      INSTITUTIONS,
BUSINESSES, AND SCHOOLS TO RECOMMIT TO INCREASING
AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS
AND THE NEED FOR APPROPRIATE AND ACCESSIBLE
SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.

                               3161
                      THURSDAY, MAY 9, 2002

  Whereas, good mental health is essential to everyone‟s overall health
and well-being; and

 Whereas, one in five American adults and children are affected by
mental illness; and

  Whereas, mental health problems do not discriminate; they know no
race, creed, age limit, or economic status; and

  Whereas, people with mental illness can recover and lead full,
productive lives; and

 Whereas, an estimated two-thirds of adults and young people with
mental health problems are not getting the help they need; and

   Whereas, untreated or under-treated mental illness costs public and
private employers billions of dollars annually through absenteeism,
turnover, low productivity, and increased medical costs; and

   Whereas, Aiken County and the State of South Carolina have made a
commitment to community-based systems of health care in which all
residents can receive high quality and consumer-responsible services;
and

  Whereas, the National Mental Health Association, the National
Council for Community Behavioral Health Care and their national
partners observe Mental Health Month every May to raise awareness
and understanding of mental health and illness; and

  Whereas, the United States Congress has officially recognized May
as “Mental Health Month” since 1949, and it is the perfect time for
parents and caregivers to focus on the mental health of children and
adolescents. 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, proclaim May 2002 Mental Health Month in South Carolina
and call upon the state‟s citizens, government agencies, public and
private institutions, businesses, and schools to recommit to increasing

                                  3162
                      THURSDAY, MAY 9, 2002

awareness and understanding of mental illness and the need for
appropriate and accessible services for all people with mental illness.

  Be it further resolved that a copy of this resolution be forwarded to
Victoria Clare of the Mental Health Association in Aiken County.

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

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

  H. 5255 -- Rep. G. Brown: A HOUSE RESOLUTION TO EXTEND
THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA
HOUSE OF REPRESENTATIVES TO THE LEE CENTRAL HIGH
SCHOOL GIRLS BASKETBALL TEAM, THE COACHES, AND
OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 15, 2002,
AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE
PURPOSE OF RECOGNIZING AND CONGRATULATING THE
TEAM ON WINNING THE 2002 CLASS AA GIRLS BASKETBALL
STATE CHAMPIONSHIP.

  Be it resolved by the House of Representatives:

   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 Lee Central High School Girls
Basketball Team, the coaches, and other school officials on
Wednesday, May 15, 2002, at a time to be determined by the Speaker,
for the purpose of recognizing and congratulating the team on winning
the 2002 Class AA Girls Basketball State Championship.

  The Resolution was adopted.

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

 H. 5256 -- Reps. Gilham, Lloyd and Rivers: A BILL TO AMEND
ACT 589 OF 1986, AS AMENDED, PERTAINING TO THE

                                  3163
                      THURSDAY, MAY 9, 2002

BEAUFORT COUNTY BOARD OF EDUCATION, SO AS TO
REVISE THE MANNER IN WHICH CANDIDATE PETITIONS
ARE SUBMITTED AND PROCESSED.
  Referred to Beaufort Delegation

  S. 1259 -- Senator Fair: A JOINT RESOLUTION TO ESTABLISH
THE SOUTH CAROLINA COVENANT MARRIAGE STUDY
COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP, SCOPE OF
STUDY, AND REPORTING REQUIREMENTS, AND TO ABOLISH
THE STUDY COMMITTEE UPON SUBMISSION OF ITS REPORT.
  Referred to Committee on Judiciary

  S. 1260 -- Senator McConnell: A BILL TO AMEND SECTION 50-
21-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO ESTABLISHMENT OF A NO WAKE ZONE
ON THE ASHLEY RIVER, SO AS TO PROVIDE FOR THE
ESTABLISHMENT OF A NO WAKE ZONE FOR A CERTAIN
PORTION OF ADAM'S CREEK ADJACENT TO WADMALAW
ISLAND.
  Referred to Committee on Agriculture, Natural Resources and
Environmental Affairs

  S. 1266 -- Senator McGill: A JOINT RESOLUTION TO PROVIDE
THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY
THE STUDENTS OF ANY SCHOOL IN WILLIAMSBURG
COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS
CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER
CONDITIONS ARE EXEMPTED FROM THE MAKE-UP
REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT
FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER
OR OTHER CIRCUMSTANCES BE MADE UP.
  On motion of Rep. KENNEDY, with unanimous consent, the Joint
Resolution was ordered placed on the Calendar without reference.

                              ROLL CALL
   The roll call of the House of Representatives   was taken resulting as
follows:
Allen                    Allison                   Altman
Bales                    Barfield                  Barrett
Battle                   Bingham                   Bowers
Breeland                 Brown, G.                 Brown, J.

                                  3164
                     THURSDAY, MAY 9, 2002

Brown, R.             Campsen                Carnell
Cato                  Chellis                Clyburn
Coates                Cobb-Hunter            Cooper
Dantzler              Delleney               Easterday
Edge                  Emory                  Fleming
Frye                  Gilham                 Gourdine
Govan                 Harrell                Harrison
Haskins               Hayes                  Hines, J.
Hines, M.             Hinson                 Howard
Huggins               Jennings               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        Neal, J.H.             Neal, J.M.
Neilson               Ott                    Owens
Parks                 Perry                  Phillips
Quinn                 Rhoad                  Rice
Riser                 Rivers                 Sandifer
Scarborough           Scott                  Sheheen
Simrill               Sinclair               Smith, D.C.
Smith, G.M.           Smith, J.E.            Smith, J.R.
Smith, W.D.           Snow                   Stuart
Talley                Taylor                 Thompson
Townsend              Vaughn                 Walker
Webb                  Weeks                  Whatley
Whipper               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
Thursday, May 9.
          Todd Rutherford              Ralph Davenport
          Bill Cotty                   Harry Askins
          Charles Sharpe               Mary Beth Freeman



                               3165
                      THURSDAY, MAY 9, 2002

          Creighton Coleman              Daniel Tripp
          Fletcher Smith                 Alex Harvin

                          Total Present--116

                         LEAVE OF ABSENCE
  The SPEAKER granted Rep. M. HINES a leave of absence for the
remainder of the day to attend a Baptist Convention.

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

                      DOCTOR OF THE DAY
  Announcement was made that Dr. Fred J. McElveen of West
Columbia is the Doctor of the Day for the General Assembly.

                       SPECIAL PRESENTATION
  Reps. SHARPE and FRYE presented to the House the King
Academy Girls Basketball Team, the 2002 South Carolina Independent
School Athletic Association AA State Champions, their coaches and
other school officials.

                  S. 1205--DEBATE ADJOURNED
  Rep. PHILLIPS moved to adjourn debate upon the following Bill
until Tuesday, May 14, which was adopted:

  S. 1205 -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992,
RELATING TO THE DISTRICTS FROM WHICH MEMBERS OF
THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL
DISTRICT 1 ARE TO BE ELECTED, SO AS TO PROVIDE THAT
BEGINNING WITH THE GENERAL ELECTION IN 2002,
MEMBERS MUST BE ELECTED FROM THE SCHOOL DISTRICT
AT-LARGE.

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

 H. 5237 -- Reps. Freeman, Lucas, Jennings and Neilson: A BILL TO
AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE

                                  3166
                     THURSDAY, MAY 9, 2002

LOCAL EDUCATION ADVISORY COUNCILS IN THE
CHESTERFIELD COUNTY SCHOOL DISTRICT SO AS TO
FURTHER PROVIDE FOR THE MANNER IN WHICH THE
MEMBERSHIP OF CERTAIN OF THE ADVISORY COUNCILS
ARE DETERMINED.

  H. 5238 -- Rep. Hayes: A BILL TO PROVIDE THAT BEGINNING
WITH FISCAL YEAR 2002-2003, THE SCHOOL TAX MILLAGE
LEVIED IN DILLON COUNTY IS INCREASED BY ONE
ADDITIONAL MILL WITH THE PROCEEDS THEREFROM TO
BE USED FOR NORTHEAST TECHNICAL COLLEGE.

  S. 1172 -- Senators McConnell, Jackson, Holland, Elliott, Saleeby,
Ford, O'Dell, Matthews, Moore, Rankin, Setzler, Hutto, Verdin,
Courson, Bauer, Ravenel, Richardson, Glover, Martin, Branton,
Leventis and Anderson: A BILL TO AMEND TITLE 24, CHAPTER
21, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
ARTICLE 12 SO AS TO PROVIDE FOR THE INTERSTATE
COMPACT FOR ADULT OFFENDER SUPERVISION AND, UPON
THE EFFECTIVE DATE OF THIS ACT, TO REPEAL ARTICLE 9,
CHAPTER 21 OF TITLE 24, RELATING TO THE UNIFORM ACT
FOR OUT-OF-STATE PAROLEE SUPERVISION.

  Rep. DELLENEY explained the Bill.

  H. 5037 -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE
OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER
12 TO TITLE 38 SO AS TO ENACT THE "INVESTMENTS OF
INSURERS ACT" TO PROVIDE FOR SPECIFIC PARAMETERS
FOR INVESTMENT TRANSACTIONS AND INVESTMENT
PRACTICES OF INSURANCE COMPANIES DOING BUSINESS IN
THE STATE; AND TO REPEAL CHAPTER 11 OF TITLE 38
RELATING TO INVESTMENTS BY INSURERS.

  Rep. TRIPP explained the Bill.

  S. 1001 -- Senator Gregory: A BILL TO AMEND SECTION 48-23-
70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND
DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE
COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE

                                   3167
                     THURSDAY, MAY 9, 2002

PROVISIONS RELATING TO CUTTING OR REMOVAL OF
TREES AND DESTRUCTION OF STATE COMMISSION OF
FORESTRY LANDS, AND PROVIDE THAT, EXCEPT WHERE
AUTHORIZED, IT IS UNLAWFUL TO DISPLAY OR CONSUME
ALCOHOLIC BEVERAGES ON STATE COMMISSION OF
FORESTRY LANDS, AND TO PROVIDE PENALTIES FOR
VIOLATIONS OF THIS SECTION.

  Rep. RHOAD explained the Bill.

  S. 969 -- Senator Martin: A BILL TO AMEND SECTION 50-11-
2210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO UNLAWFUL ABUSE OF WILDLIFE
MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS
TO PROVIDE THAT CERTAIN ACTIVITIES ARE UNLAWFUL
ABUSES OF WILDLIFE MANAGEMENT AREA LANDS AND
IMPROVEMENTS; AND TO AMEND SECTION 50-11-2220, AS
AMENDED, RELATING TO ADDITIONAL PENALTIES FOR
ABUSING WILDLIFE MANAGEMENT AREA LANDS AND
IMPROVEMENTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL
TO ENTER ONTO WILDLIFE MANAGEMENT AREA LANDS
AFTER LOSING THE PRIVILEGE TO ENTER WILDLIFE
MANAGEMENT AREA LANDS, AND TO PROVIDE PENALTIES
FOR VIOLATIONS OF THIS SECTION.

  Rep. OTT explained the Bill.

          H. 5237--ORDERED TO BE READ THIRD TIME
                             TOMORROW
  On motion of Rep. LUCAS, with unanimous consent, it was ordered
that H. 5237 be read the third time tomorrow.

          H. 5238--ORDERED TO BE READ THIRD TIME
                             TOMORROW
  On motion of Rep. HAYES, with unanimous consent, it was ordered
that H. 5238 be read the third time tomorrow.

          S. 1172--ORDERED TO BE READ THIRD TIME
                            TOMORROW
  On motion of Rep. HARRISON, with unanimous consent, it was
ordered that S. 1172 be read the third time tomorrow.

                                 3168
                     THURSDAY, MAY 9, 2002

          H. 5037--ORDERED TO BE READ THIRD TIME
                             TOMORROW
  On motion of Rep. TRIPP, with unanimous consent, it was ordered
that H. 5037 be read the third time tomorrow.

         S. 1001--ORDERED TO BE READ THIRD TIME
                           TOMORROW
  On motion of Rep. WITHERSPOON, with unanimous consent, it
was ordered that S. 1001 be read the third time tomorrow.

  S. 969--ORDERED TO BE READ THIRD TIME TOMORROW
  On motion of Rep. WITHERSPOON, with unanimous consent, it
was ordered that S. 969 be read the third time tomorrow.

                H. 4248--AMENDED AND TABLED
  The following Bill was taken up:

  H. 4248 -- Reps. R. Brown, Breeland, Campsen, Chellis, Dantzler,
Mack, Scarborough and Whatley: A BILL TO AMEND ACT 369 OF
1959, AS AMENDED, RELATING TO THE ST. JOHN'S FIRE
DISTRICT IN CHARLESTON COUNTY, SO AS TO INCREASE
FROM ONE TO FIFTEEN THOUSAND DOLLARS THE LIMIT ON
PROCUREMENT OF EQUIPMENT OR MATERIAL WITHOUT
ADVERTISING FOR BIDS.

   Rep. R. BROWN proposed the following Amendment No. 1 (Doc
Name COUNCIL\GGS\AMEND\22571CM02), which was adopted:
   Amend the bill, as and if amended, SECTION 1, page 1, by deleting
/fifteen/ on line 27 and inserting /ten/.
   Amend title to conform.

  Rep. R. BROWN explained the amendment.
  The amendment was then adopted.

  Rep. ALTMAN moved to table the Bill, which was agreed to by a
division vote of 6 to 3.




                                3169
                     THURSDAY, MAY 9, 2002

      RETURNED TO THE SENATE WITH AMENDMENTS
   The following Bills were taken up, read the third time, and ordered
returned to the Senate with amendments:

  S. 1200 -- Senators J. V. Smith, Leatherman, Drummond,
McConnell, Land, Holland, Saleeby, Setzler, Leventis, Moore,
Courson, Giese, Matthews, Thomas, Patterson, McGill, O'Dell, Reese,
Hayes, Gregory, Martin, Mescher, Rankin, Ryberg, Short, Waldrep,
Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms,
Hawkins, Pinckney, Ritchie, Verdin, Kuhn, Richardson, Peeler and
Bauer: A BILL TO AMEND TITLE 11, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY
ADDING CHAPTER 41 ENACTING THE "STATE GENERAL
OBLIGATION ECONOMIC DEVELOPMENT BOND ACT" SO AS
TO AUTHORIZE THE ISSUANCE OF BONDS FOR
INFRASTRUCTURE FINANCING AS GENERAL OBLIGATION
BONDS OF THE STATE OF SOUTH CAROLINA AND TO
PRESCRIBE THE TERMS, CONDITIONS, USES, AND
DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND
TO INCREASE THE LIMITATION ON GENERAL OBLIGATION
BOND DEBT SERVICE PROVIDED IN ARTICLE X, SECTION 13
OF THE SOUTH CAROLINA CONSTITUTION FROM FIVE
PERCENT TO SIX PERCENT WITH THE ADDITIONAL DEBT
SERVICE LIMITED TO STATE GENERAL OBLIGATION
ECONOMIC DEVELOPMENT BONDS AS PROVIDED IN THIS
ACT.

  S. 1005 -- Senators J. V. Smith, Ryberg, Ravenel, Peeler, Grooms,
Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair,
Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman, O'Dell,
Leventis, Bauer, Drummond, Elliott, Ford, Glover, Gregory, Holland,
Hutto, Jackson, Land, Matthews, McConnell, McGill, Moore,
Patterson, Pinckney, Rankin, Reese, Richardson, Saleeby, Setzler,
Short, Verdin and Waldrep: A BILL TO AMEND SECTION 12-60-
2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES
ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED
FOR APPEALS OF THE VALUES PROVIDED IN THESE
NOTICES, SO AS TO PROVIDE THAT A NOTICE OF OBJECTION
TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT
NOTICE MAY BE TIMELY FILED AT ANY TIME AND THIS

                                 3170
                     THURSDAY, MAY 9, 2002

NOTICE OF OBJECTION APPLIES FOR ALL OPEN PROPERTY
TAX YEARS.

                      SENT TO THE SENATE
  The following Bills were taken up, read the third time, and ordered
sent to the Senate:

  H. 5207 -- Reps. Kennedy, Snow and Harvin: A BILL TO
PROVIDE THAT THE TERMS OF THE TWO MEMBERS OF THE
BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY
SCHOOL DISTRICT ELECTED AT LARGE SHALL EXPIRE ON
THE EFFECTIVE DATE OF THIS ACT AT WHICH TIME THE
MEMBERSHIP OF THE BOARD SHALL CONSIST OF THE
SEVEN MEMBERS ELECTED FROM THE SAME ELECTION
DISTRICTS AS ARE MEMBERS OF THE GOVERNING BODY OF
WILLIAMSBURG COUNTY.

  H. 4429 -- Rep. Askins: A BILL TO AMEND SECTION 54-7-620,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DEFINITIONS       USED      IN   THE    SOUTH   CAROLINA
UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO REVISE
THE DEFINITIONS OF "FIELD ARCHAEOLOGIST", "STATE
ARCHAEOLOGIST", AND "UNDERTAKING"; TO AMEND
SECTION 54-7-670, AS AMENDED, RELATING TO A HOBBY
LICENSE      FOR     PERSONS      WISHING   TO   CONDUCT
TEMPORARY, INTERMITTENT, RECREATIONAL, SMALL
SCALE, NONCOMMERCIAL SEARCH, AND RECOVERY OF
SUBMERGED PROPERTY, SO AS TO REVISE THE LICENSE
FEE, DELETE ALL OTHER CATEGORIES OF HOBBY LICENSES
EXCEPT A TWO-YEAR LICENSE; AND DELETE THE
REQUIREMENT TO FILE CERTAIN REPORTS UNDER A
HOBBY LICENSE WITHIN A WEEK AFTER DIVING
ACTIVITIES TOOK PLACE; TO AMEND SECTION 54-7-710,
RELATING TO CRITERIA FOR ISSUING AN EXCLUSIVE
LICENSE, SO AS TO CHANGE CERTAIN CRITERIA; TO AMEND
SECTION 54-7-740, RELATING TO ADDITIONAL PROVISIONS
APPLICABLE TO LICENSES ISSUED BY THE STATE
ARCHAEOLOGIST, SO AS TO CHANGE THIS TITLE TO THE
STATE UNDERWATER ARCHAEOLOGIST; TO AMEND
SECTION 54-7-800, RELATING TO THE SUSPENSION OF A
LICENSE ISSUED BY THE INSTITUTE OF ARCHAEOLOGY

                                 3171
                      THURSDAY, MAY 9, 2002

AND ANTHROPOLOGY, SO AS TO CHANGE THE TITLE OF
THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER
ARCHAEOLOGIST; TO AMEND SECTION 54-7-810, RELATING
TO PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS
OF THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT
OF 1991, SO AS TO DELETE REFERENCES TO SECTION 54-7-
680 WHICH IS REPEALED BY THIS ACT; TO AMEND SECTION
54-7-820, RELATING TO THE RETENTION AND DISTRIBUTION
OF DATA FOR RESEARCH OR EDUCATIONAL PURPOSES, SO
AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST
TO THE STATE UNDERWATER ARCHAEOLOGIST; AND TO
REPEAL SECTION 54-7-680 RELATING TO THE ISSUANCE OF
AN INSTRUCTIONAL LICENSE TO ALLOW STUDENT DIVERS
OR CHARTER GROUP DIVERS WITHOUT INDIVIDUAL HOBBY
LICENSES TO COLLECT ARTIFACTS.

   H. 5102--AMENDED AND ORDERED TO THIRD READING
  The following Bill was taken up:

  H. 5102 -- Reps. Klauber and Campsen: A BILL TO REPEAL
JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON
CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH
SUBMITTING AN APPROPRIATE AMENDMENT TO THE
STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO
CALL A CONSTITUTIONAL CONVENTION FOR THIS
PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A
CONSTITUTIONAL        CONVENTION      BY    ANY   MEANS
EXPRESSED.

   The Judiciary Committee proposed the following Amendment No. 1
(Doc Name COUNCIL\PT\AMEND\1965ZCW02), which was
adopted:
   Amend the bill, as and if amended, page 2, lines 15-17, by striking
SECTION 2 and inserting:
   / SECTION 2. The General Assembly of the State of South
Carolina disavows any other calls or applications, by any means
expressed, including but not limited to S.1024 of 1978, to Congress for
a constitutional convention. /
   Amend title to conform.



                                  3172
                     THURSDAY, MAY 9, 2002

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

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

          H. 5102--ORDERED TO BE READ THIRD TIME
                           TOMORROW
  On motion of Rep. KLAUBER, with unanimous consent, it was
ordered that H. 5102 be read the third time tomorrow.

   S. 633--AMENDED AND ORDERED TO THIRD READING
  The following Bill was taken up:

  S. 633 -- Senator Mescher: A BILL TO AMEND SECTION 51-13-
220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE
SANTEE-COOPER COUNTIES PROMOTIONS COMMISSION, TO
PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE
FOR FOUR YEARS INSTEAD OF ONE YEAR, AND TO MAKE
CERTAIN TECHNICAL CHANGES.

   The Judiciary Committee proposed the following Amendment No. 1
(Doc Name COUNCIL\NBD\AMEND\11652AC02), which was
adopted:
   Amend the bill, as and if amended, by deleting SECTION 2 of the
bill and inserting:
   /SECTION 2. This act takes effect January 1, 2003./
   Renumber sections to conform.
   Amend totals and title to conform.

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

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

  S. 633--ORDERED TO BE READ THIRD TIME TOMORROW
  On motion of Rep. J. YOUNG, with unanimous consent, it was
ordered that S. 633 be read the third time tomorrow.


                                 3173
                      THURSDAY, MAY 9, 2002

   H. 3776--AMENDED AND ORDERED TO THIRD READING
  The following Joint Resolution was taken up:

  H. 3776 -- Reps. Rodgers, Simrill, Bingham, Cato, Easterday, Frye,
Gilham, Haskins, J. Hines, Hosey, Koon, Leach, Loftis, Robinson and
Stuart: A JOINT RESOLUTION PROPOSING AN AMENDMENT
TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF
SOUTH CAROLINA, 1895, RELATING TO THE AGE AT WHICH
AN UNMARRIED WOMAN CAN LEGALLY CONSENT TO
SEXUAL INTERCOURSE, SO AS TO CHANGE THE AGE FROM
FOURTEEN YEARS TO SIXTEEN YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 33, Article III of the
Constitution of this State be amended to read:

“Section 33. No unmarried woman person shall legally consent to
sexual intercourse who shall not have attained the age of fourteen
sixteen years.”

SECTION 2. The proposed amendment must be submitted to the
qualified electors at the next general election for representatives.
Ballots must be provided at the various voting precincts with the
following words printed or written on the ballot:

“Must Section 33, Article III of the Constitution of this State be
amended to raise the age at which an unmarried person can legally
consent to sexual intercourse from the age of fourteen years to the age
of sixteen years?
                              Yes      □
                              No       □

Those voting in favor of the question shall deposit a ballot with a check
or cross mark in the square after the word „Yes‟, and those voting
against the question shall deposit a ballot with a check or cross mark in
the square after the word „No‟.”

  The Judiciary Committee proposed the following Amendment No. 1
(Doc Name COUNCIL\NBD\AMEND\11705AC02), which was
adopted:

                                   3174
                      THURSDAY, MAY 9, 2002

   Amend the joint resolution, as and if amended, page 1, line 24 by
deleting /woman/ and inserting /woman person/. So when amended
Section 33 reads:
   / “Section 33. No unmarried woman person shall legally consent to
sexual intercourse who shall not have attained the age of fourteen
sixteen years.”/
   Amend the joint resolution further, SECTION 2, page 1, line 34 by
deleting /woman/ and inserting /person/. So when amended SECTION
2 of the joint resolution reads:
   /SECTION 2. The proposed amendment must be submitted to the
qualified electors at the next general election for representatives.
Ballots must be provided at the various voting precincts with the
following words printed or written on the ballot:
      “Must Section 33, Article III of the Constitution of this State be
amended to raise the age at which an unmarried person can legally
consent to sexual intercourse from the age of fourteen years to the age
of sixteen years?
                                   Yes □
                                   No □
   Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square after the word „Yes‟, and those
voting against the question shall deposit a ballot with a check or cross
mark in the square after the word „No‟.”/
   Renumber sections to conform.
   Amend totals and title to conform.

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

   Pursuant to the provisions of the Constitution the yeas and nays were
taken on the passage of the Joint Resolution, resulting as follows:
                              Yeas 95; Nays 0

Those who voted in the affirmative are:
Allison                Bales                     Barfield
Barrett                Battle                    Bingham
Breeland               Brown, J.                 Campsen
Carnell                Cato                      Chellis
Clyburn                Coates                    Cobb-Hunter
Cooper                 Cotty                     Dantzler
Davenport              Delleney                  Easterday

                                  3175
                     THURSDAY, MAY 9, 2002

Edge                   Emory                   Fleming
Freeman                Frye                    Gilham
Gourdine               Govan                   Harrell
Harrison               Haskins                 Hayes
Hines, J.              Hinson                  Howard
Huggins                Jennings                Kelley
Kennedy                Kirsh                   Klauber
Koon                   Leach                   Limehouse
Littlejohn             Lloyd                   Loftis
Lourie                 Lucas                   Mack
Martin                 McCraw                  McGee
McLeod                 Meacham-Richardson      Merrill
Miller                 Neal, J.H.              Neal, J.M.
Neilson                Owens                   Parks
Perry                  Phillips                Rice
Riser                  Rutherford              Sandifer
Scarborough            Scott                   Sharpe
Simrill                Smith, D.C.             Smith, G.M.
Smith, J.E.            Smith, J.R.             Smith, W.D.
Snow                   Stuart                  Talley
Taylor                 Thompson                Townsend
Tripp                  Vaughn                  Walker
Webb                   Weeks                   Whatley
White                  Wilder                  Wilkins
Witherspoon            Young, A.

                              Total--95

Those who voted in the negative are:

                               Total--0

  So, the Joint Resolution, as amended, having received the necessary
two-thirds vote, was passed and ordered to third reading.

          H. 3776--ORDERED TO BE READ THIRD TIME
                           TOMORROW
  On motion of Rep. HARRISON, with unanimous consent, it was
ordered that H. 3776 be read the third time tomorrow.



                                 3176
                      THURSDAY, MAY 9, 2002

                     S. 715--POINT OF ORDER
  The following Bill was taken up:

  S. 715 -- Senators McConnell, J. V. Smith, Hawkins and Peeler: A
BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF
PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE
STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE
NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO
DEFENDANTS AND THE STATE; AND TO ADD TO THE LIST
OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND
THE STATE ARE ENTITLED TO TEN CHALLENGES.

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

                     S. 232--POINT OF ORDER
  The following Bill was taken up:

  S. 232 -- Senator Elliott: A BILL TO AMEND TITLE 27, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42
ENACTING THE "SOUTH CAROLINA VACATION RENTAL
ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL
MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO
PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO
THIS REGULATION, TO PROVIDE FOR THE STATUS OF
VACATION RENTALS ON TRANSFERRED PROPERTY, TO
PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING
VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC
AUTHORIZATION FOR SUCH BANS ENACTED BY THE
GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE
THAT A TENANT IN POSSESSION OF PROPERTY UNDER A
VACATION RENTAL IS SUBJECT TO A MANDATORY
EVACUATION ORDER.



                                  3177
                      THURSDAY, MAY 9, 2002

   The Labor, Commerce and Industry Committee proposed the
following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\
11695AC02):
   Amend the bill, as and if amended, by striking all after the enacting
words and inserting:
   /SECTION 1. Title 27 of the 1976 Code is amended by adding:
                               “CHAPTER 42
                 The South Carolina Vacation Rental Act
     Section 27-42-10. This chapter may be cited as the „South
Carolina Vacation Rental Act‟.
     Section 27-42-20. (A) This chapter applies to any rental
management company acting on behalf of an owner or to any other
persons or entities otherwise engaged in the renting or managing of
residential property for vacation rental as defined in this chapter.
     (B) This chapter does not apply to:
        (1) lodging provided by hotels, motels, tourist camps, or
campgrounds subject to regulation under Title 45, including hotels,
motels, or condominiums with multiple owners owning and managing
individual units or groups of units that rent units on a daily basis or
longer, and provide a front desk or office for customer service, or
provide a centralized telephone system, or provide housekeeping
services at no additional charge;
        (2) any vacation timesharing accommodation as defined by
Section 27-32-10(7) and (8);
        (3) rental of residential property on a weekly or monthly basis
pursuant to Chapter 40 of this title, the South Carolina Residential
Landlord and Tenant Act.
     Section 27-42-30. As used in this chapter:
     (1) „Residential property‟ means an apartment, condominium,
single family home, townhouse, cottage, or other property devoted to
residential use or occupancy by one or more persons for a definite or
indefinite period.
     (2) „Rental management company‟ means a licensed property
manager-in-charge or broker-in-charge and their associates and
employees who manage vacation rentals.
     (3) „Vacation rental‟ means the lease, sublease, or other rental of
residential property for a period of fewer than ninety days, except that
it does not include rental of residential property on a weekly or
monthly basis pursuant to Chapter 40 of this title, the South Carolina
Residential Landlord and Tenant Act.


                                  3178
                       THURSDAY, MAY 9, 2002

     (4) „Vacation rental agreement‟ means a written agreement
between an owner or the owner‟s rental management company and a
tenant, in which the tenant rents residential property belonging to the
owner for a vacation rental. This definition includes electronically
transmitted agreements, including, but not limited to, agreements
entered into over the internet and electronic facsimiles.
     (5) „Vacation rental management agreement‟ means a written
agreement between an owner and the owner‟s rental management
company, in which the rental management company manages
residential property belonging to the owner for a vacation rental. This
definition includes electronically transmitted agreements, including,
but not limited to, agreements entered into over the internet and
electronic facsimiles.
     Section 27-42-40. (A) An owner or rental management company
and tenant shall use a written vacation rental agreement for all vacation
rentals subject to the provisions of this chapter. No vacation rental
agreement is valid and enforceable unless the tenant has accepted the
agreement as evidenced by at least one of the following:
        (1) the tenant‟s signature on the vacation rental agreement,
including electronic signatures transmitted over the internet or other
similar medium;
        (2) the tenant‟s payment of any monies towards the vacation
rental agreement;
        (3) the tenant‟s taking possession of the property subject to the
vacation rental agreement.
     (B) A rental management company in a vacation rental
agreement shall place in a trust account conforming with the
requirements of Section 40-57-135(B) any monies received from the
tenant. The rental management company may require the tenant to pay
all or part of any required rent, security deposit, or other fees in
advance of the tenancy. The terms of these advanced payments, which
may be nonrefundable, must be stated in the vacation rental agreement.
     (C) A rental management company that executes a vacation
rental agreement that does not conform to the provisions of this chapter
or fails to execute a vacation rental agreement is subject to disciplinary
action by the South Carolina Real Estate Commission under Section
40-57-145.
     (D) A rental management company has a duty to inform each
owner under contract with the rental management company of the
owner‟s obligations under this section. If the rental management
company has performed this duty, the rental management company is

                                   3179
                       THURSDAY, MAY 9, 2002

not liable for the owner‟s refusal or failure to comply with the
requirements of this chapter. Nothing in this section may be construed
to conflict with, or alter, the rental management company‟s duties
under the rules and regulations of the South Carolina Real Estate
Commission.
     Section 27-42-50. (A) The grantee of residential property
subject to a vacation rental shall take title subject to the vacation rental
agreement and the vacation rental management agreement for all
vacation rental periods that begin no later than ninety days after the
date the grantee‟s interest is recorded in the office of the register of
deeds. If the vacation rental begins more than ninety days after the
recording of the grantee‟s interest, then no party has the right to
enforce the terms of the vacation rental agreement or occupancy
provided for in the agreement, but the tenant is due a refund of any
payments towards the agreement within forty-five days of the
recording of the transfer of interest.
     (B) Before ratification of any contract of sale, the grantor shall
disclose to the grantee in writing all future time periods that the
property is subject to a vacation rental. Not later than fourteen
consecutive days after entering into a contract of sale or transfer of
interest, whichever is earlier, the grantor shall disclose in writing to the
rental management company the grantee‟s name and address. Not later
than fourteen consecutive days after the date of the transfer of interest,
the grantor shall disclose in writing to the rental management company
the grantee‟s name, address, and date the transfer of interest was
recorded. A grantor or grantee who knowingly violates or fails to
perform any duty prescribed by any provision of this chapter is liable
for actual damages proximately caused to the tenant and court costs.
The court may award reasonable attorney fees incurred by the
prevailing party. No action may be brought against an owner or rental
management company by a tenant for any damages or injuries that
occur as a result of property defects of which an owner or rental
management company had no actual knowledge.
     Section 27-42-60. If state or local authorities order a mandatory
evacuation of an area that includes a residential property subject to a
vacation rental, the tenant in possession of the property shall comply
with the evacuation order.
     Section 27-42-70. Failure by the owner to disclose the existence
of a vacation rental agreement to the purchaser, closing attorney,
lender, or title insurer does not:
     (1) void the sales agreement;

                                    3180
                       THURSDAY, MAY 9, 2002

     (2) create an encumbrance or defect in title; or
     (3) create a cause of action against the purchaser, closing
attorney, lender, or title insurer for failure to discover the existence of
the vacation rental agreement.”
   SECTION 2. This act takes effect upon approval by the Governor./
   Renumber sections to conform.
   Amend totals and title to conform.

  Rep. EDGE explained the amendment.

                          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.

                    H. 5115--POINT OF ORDER
  The following Bill was taken up:

  H. 5115 -- Reps. Sandifer and Cato: A BILL TO AMEND THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL
LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE
PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND
SECTION     32-7-45,   RELATING       TO    THE  TRANSFER
PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO
PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE
PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING
TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO
PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A
PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT
BEING LICENSED.

                          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.


                                    3181
                     THURSDAY, MAY 9, 2002

            S. 1061--ORDERED TO THIRD READING
  The following Bill was taken up:

  S. 1061 -- Senators Ravenel, Hutto, McConnell and Giese: A BILL
TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER
DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL
REGULATIONS ARE AMENDED TO INCREASE THE ESCAPE
OPENINGS IN TURTLE EXCLUDER DEVICES TO A CERTAIN
SIZE, EACH TRAWL NET USING A HARD TURTLE EXCLUDER
DEVICE IN THE SALT WATERS OF THIS STATE MUST HAVE A
TURTLE EXCLUDER DEVICE OPENING OF NOT LESS THAN
THIRTY-FIVE INCHES IN TAUT HORIZONTAL LENGTH AND
NOT LESS THAN TWENTY INCHES IN SIMULTANEOUS
VERTICAL TAUT HEIGHT OR A FEDERALLY APPROVED
LEATHERBACK OR DOUBLE COVER FLAP HARD TURTLE
EXCLUDER DEVICE MODIFICATION.

  Rep. OTT explained the Bill.

  Rep. LIMEHOUSE spoke in favor of the Bill.

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

         S. 1061--ORDERED TO BE READ THIRD TIME
                           TOMORROW
  On motion of Rep. WITHERSPOON, with unanimous consent, it
was ordered that S. 1061 be read the third time tomorrow.

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

                 MESSAGE FROM THE SENATE
  The following was received:

   Columbia, S.C., May 9, 2002
   Mr. Speaker and Members of the House:
   The Senate respectfully informs your Honorable Body that it concurs
in the amendments proposed by the House to H. 3010:


                                  3182
                    THURSDAY, MAY 9, 2002

  H. 3010 -- Reps. Knotts, Sandifer, Davenport, J. Young, Robinson,
Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill,
G. M. Smith, Leach, Lucas, Trotter, White, Bowers, Taylor, Klauber,
Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato,
Kirsh, Tripp, Snow, Campsen, Scarborough, Ott, Hinson, Loftis,
Barfield, Talley, Koon, D. C. Smith, Whatley and Owens: A BILL TO
AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING
OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR
UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO
MAKE TECHNICAL CHANGES, PROVIDE THAT THIS
PROVISION DOES NOT APPLY TO A MARRIED STUDENT
RESIDING IN AN APARTMENT PROVIDED BY A PUBLIC OR
PRIVATE SCHOOL WHO IS AUTHORIZED TO CARRY A
WEAPON PURSUANT TO THE PROVISIONS RELATING TO
THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, AND
REVISE THE DEFINITION OF THE TERMS "PREMISES" AND
"PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED,
RELATING TO THE CARRYING OF WEAPONS ON SCHOOL
PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE
TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS
AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY
CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF
A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE
FOR ON PREMISES CONSUMPTION, SO AS TO REVISE THE
PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-
31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW
ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO
REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO
AMEND SECTION 23-31-215, AS AMENDED, RELATING TO
THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS
TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN
APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL
AND A RENEWAL APPLICATION FOR A CONCEALABLE
WEAPON         PERMIT,      TO     REVISE      THE    RESIDENCY
REQUIREMENT CONTAINED IN THE CONCEALABLE
WEAPON PERMIT APPLICATION FORM, TO DELETE THE
PROHIBITION AGAINST AUTHORIZING A CONCEALABLE
WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE
WEAPON INTO A CHURCH OR OTHER RELIGIOUS
SANCTUARY, AND PROVIDE THAT ONCE A CONCEALED

                                3183
                       THURSDAY, MAY 9, 2002

WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF
THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE
REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION
23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS
THAT PROHIBIT THE CARRYING OF A CONCEALABLE
WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE,
CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO
AMEND SECTION 51-3-145, AS AMENDED, RELATING TO
ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR
FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT
OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A
PERSON WHO POSSESSES A CONCEALABLE WEAPON
PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS
AMMUNITION AT ANY PARK OR FACILITY UNDER THE
JURISDICTION OF THE DEPARTMENT OF PARKS,
RECREATION AND TOURISM.
  and has ordered the Bill Enrolled for Ratification.

  Very respectfully,
  President
  Received as information.

    H. 4878--COMMITTEE OF CONFERENCE APPOINTED
  The following was received from the Senate:

                  MESSAGE FROM THE SENATE
  Columbia, S.C., May 9, 2002
  Mr. Speaker and Members of the House:
  The Senate respectfully informs your Honorable Body that it
nonconcurs in the amendments proposed by the House to H. 4878:

 H. 4878 -- Ways and            Means   Committee:   GENERAL
APPROPRIATIONS BILL.

  Very respectfully,
  President

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



                               3184
                     THURSDAY, MAY 9, 2002

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

                 MESSAGE FROM THE SENATE
  The following was received:

  Columbia, S.C., May 9, 2002
  Mr. Speaker and Members of the House:
  The Senate respectfully informs your Honorable Body that it has
appointed Senators Leatherman, Moore and Hayes of the Committee of
Conference on the part of the Senate on H. 4878:

 H. 4878 -- Ways and             Means    Committee:    GENERAL
APPROPRIATIONS BILL.

  Very respectfully,
  President
  Received as information.

                      HOUSE RESOLUTION
  The following was introduced:

 H. 5257 -- Reps. Haskins, Cato, Easterday, Leach, Rice, Vaughn and
Wilkins: A HOUSE RESOLUTION TO COMMEND THE
GREENVILLE GROOVE ON A TERRIFIC FIRST SEASON OF
COMPETITION AND TO CONGRATULATE THE TEAM ON
WINNING       THE       2002      NATIONAL          BASKETBALL
DEVELOPMENT LEAGUE CHAMPIONSHIP.

  The Resolution was adopted.

                 CONCURRENT RESOLUTION
  The following was introduced:

 H. 5258 -- Rep. Scott: A CONCURRENT RESOLUTION TO
CONGRATULATE MR. AND MRS. SANK L. ANDERSON, OF




                                3185
                       THURSDAY, MAY 9, 2002

RICHLAND COUNTY, ON CELEBRATING THEIR FIFTY-SIXTH
WEDDING ANNIVERSARY ON MAY 27, 2002.

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

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

   H. 5259 -- Reps. Meacham-Richardson, Kirsh, Loftis, A. Young,
Trotter, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle,
Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell,
Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Cooper, Dantzler,
Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman,
Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin,
Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Kelley,
Kennedy, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn,
Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod,
Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott,
Owens, Parks, Perry, Phillips, Quinn, Rhoad, Riser, Rivers, 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,
Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Walker, Weeks,
Whatley, White, Wilder, Witherspoon and J. Young: A BILL TO
AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 27-1-60 SO AS TO PROVIDE THAT NO
CONTRACTUAL AGREEMENT FOR THE LEASING OF
RESIDENTIAL OR COMMERCIAL PROPERTY AND NO
HOMEOWNER'S ASSOCIATION BY-LAWS MAY RESTRICT
THE LAWFUL FLYING OF THE AMERICAN FLAG ON THE
PREMISES.

                        RULE 5.12 WAIVED
  Rep. MEACHAM-RICHARDSON moved to waive Rule 5.12,
which was agreed to by a division vote of 27 to 0.

  On motion of Rep. MEACHAM-RICHARDSON, with unanimous
consent, the Bill was ordered placed on the Calendar without reference.



                                   3186
                     THURSDAY, MAY 9, 2002

                     S. 1157--POINT OF ORDER
  The following Bill was taken up:

  S. 1157 -- Senator Alexander: A BILL TO PROVIDE THAT
STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL
IN OCONEE COUNTY AND WHO PARTICIPATE IN
INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL
SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER
THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL
UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A
SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR
PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF
THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS
A MEMBER OF AN ORGANIZED SOCCER TEAM
INDEPENDENT OF THE SCHOOL'S CONTROL.

                          POINT OF ORDER
  Rep. BALES 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.

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

   S. 1221 -- Medical Affairs Committee: A JOINT RESOLUTION TO
APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL, RELATING TO VITAL
STATISTICS, DESIGNATED AS REGULATION DOCUMENT
NUMBER 2719, PURSUANT TO THE PROVISIONS OF ARTICLE
1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

  Rep. ASKINS explained the Joint Resolution.

           S. 1221--ORDERED TO BE READ THIRD TIME
                             TOMORROW
  On motion of Rep. ASKINS, with unanimous consent, it was ordered
that S. 1221 be read the third time tomorrow.


                                 3187
                      THURSDAY, MAY 9, 2002

                     S. 1249--POINT OF ORDER
  The following Bill was taken up:

  S. 1249 -- Senators Short and Fair: A BILL TO AMEND SECTION
20-7-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO COUNSEL FOR A GUARDIAN AD LITEM, SO AS
TO PROVIDE THAT COUNSEL MUST BE APPOINTED FOR A
GUARDIAN AD LITEM WHO IS NOT AN ATTORNEY IN ANY
CASE THAT IS CONTESTED; TO AMEND SECTION 20-7-1690,
RELATING TO THE REIMBURSEMENT FOR FEES AND COSTS
FOR THE CONSENT OR RELINQUISHMENT OF A CHILD FOR
ADOPTION, SO AS TO PROVIDE THAT THE COURT MAY
APPROVE AN ADOPTION WHILE NOT APPROVING
UNREASONABLE FEES AND COSTS; TO AMEND SECTION 20-
7-1700,    RELATING        TO     FUTURE      CHILD  SUPPORT
OBLIGATIONS AFTER THE CONSENT OR RELINQUISHMENT
HAS BEEN GIVEN FOR AN ADOPTION, SO AS TO PROVIDE
THAT THE GIVING OF CONSENT OR RELINQUISHMENT FOR
AN ADOPTION RELIEVES A PERSON OF ALL RIGHTS AND
OBLIGATIONS, INCLUDING FUTURE CHILD SUPPORT
OBLIGATIONS; TO AMEND SECTION 20-7-1770, RELATING TO
OPEN AND COOPERATIVE ADOPTIONS, SO AS TO PROVIDE
THAT A FINAL ADOPTION DECREE IS NOT AFFECTED BY AN
AGREEMENT ENTERED INTO BEFORE THE ADOPTION
BETWEEN A CHILD'S ADOPTIVE AND BIOLOGICAL PARENTS
CONCERNING VISITATION, EXCHANGE OF INFORMATION,
OR OTHER INTERACTION BETWEEN THE CHILD AND ANY
OTHER PERSON.

                            POINT OF ORDER
    Rep. WALKER 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.




                                  3188
                     THURSDAY, MAY 9, 2002

    S. 1195--RECALLED FROM COMMITTEE ON WAYS AND
                               MEANS
  On motion of Rep. RICE, with unanimous consent, the following
Bill was ordered recalled from the Committee on Ways and Means:

  S. 1195 -- Senator Martin: A BILL TO ENACT THE “SCHOOL
DISTRICT OF PICKENS COUNTY SCHOOL BOND PROPERTY
TAX RELIEF ACT” WHICH AUTHORIZES THE IMPOSITION OF
THE ONE PERCENT SALES AND USE TAX WITHIN PICKENS
COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED
FOR SPECIFIED SCHOOL PURPOSES.

                          RULE 5.12 WAIVED
  Rep. RICE moved to waive Rule 5.12, which was agreed to by a
division vote of 13 to 0.

        H. 3592--REQUEST FOR DEBATE WITHDRAWN
  Rep. WEEKS, with unanimous consent, withdrew his request for
debate on H. 3592; however, other requests for debate remained on the
Bill.

                    OBJECTION TO RECALL
  Rep. EASTERDAY asked unanimous consent to recall S. 252 from
the Committee on Judiciary.
  Rep. BALES objected.

    S. 1023--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. 1023 -- Senators Bauer, Giese, Mescher, Ravenel, Hayes, Ryberg,
O'Dell, Gregory, Grooms, Kuhn, Martin and Branton: A BILL TO
AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE
CAUSE OF DEATH ON A DEATH CERTIFICATE BY A
CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR
DEPUTY MEDICAL EXAMINER, SO AS TO PROVIDE THAT
THESE PERSONS ARE NOT REQUIRED TO SIGN, BUT SHALL
COMPLETE AND EXECUTE THE MEDICAL CERTIFICATION
PORTION OF A DEATH CERTIFICATE, AND IF THE
CERTIFICATION OF CAUSE OF DEATH CANNOT BE

                                 3189
                      THURSDAY, MAY 9, 2002

COMPLETED WITHIN A CERTAIN PERIOD OF TIME WHEN AN
AUTOPSY IS SCHEDULED, THEN THE COUNTY MEDICAL
EXAMINER SHALL INDICATE THAT THE CAUSE OF DEATH IS
PENDING AND CERTIFY THE CERTIFICATION OF CAUSE OF
DEATH.

                          RULE 5.12 WAIVED
  Rep. HARRISON moved to waive Rule 5.12, which was agreed to
by a division vote of 17 to 0.

       H. 4321--SENATE AMENDMENTS CONCURRED IN
  The Senate amendments to the following Concurrent Resolution
were taken up for consideration:

  H. 4321 -- Reps. Sheheen, Cotty, Lucas and J. M. Neal: A
CONCURRENT       RESOLUTION       TO     REQUEST      THE
DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS AT
THE CAMDEN CITY LIMITS ON UNITED STATES HIGHWAY
521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1
EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-
HOME OF BASEBALL HALL-OF-FAMER LARRY DOBY".

  Whereas, on July 5, 1947, Larry Doby debuted with the Cleveland
Indians, an event which also served as the integration of Major League
Baseball‟s American League; and

  Whereas, Mr. Doby is a “native son” of South Carolina, having been
born in Camden on December 13, 1924, and having resided in Camden
until his teen years; and

  Whereas, he was also among the first African-Americans to appear
in a Major League Baseball All-Star Game and appeared on six
consecutive All-Star teams; and

  Whereas, Larry Doby hit more than two hundred fifty home runs and
drove in almost one thousand runs in a productive thirteen-year career;
and

  Whereas, the Cleveland Indians have retired Mr. Doby‟s uniform
number 14, and he is a member of Major League Baseball‟s Hall of
Fame; and

                                  3190
                      THURSDAY, MAY 9, 2002

  Whereas, it is fitting and proper to honor this native of South
Carolina by erecting appropriate signs outside the Camden city limits
that proclaim it as the birthplace of a legendary baseball hero. Now,
therefore,

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

   That the members of the General Assembly request that the
Department of Transportation erect signs outside the Camden city
limits on United States Highway 521 South and North, and United
States Highway 1 East and West, that contain the words:

                                “Camden
                          Birthplace of Baseball
                              Hall-of-Famer
                               Larry Doby”

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

  The Senate amendments were concurred in and a message was
ordered sent to the Senate accordingly.

      S. 813--ORDERED ENROLLED FOR RATIFICATION
  The following Bill was taken up:

  S. 813 -- Senator Gregory: A BILL TO AMEND CHAPTER 11,
TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PROTECTION OF GAME, BY ADDING SECTION
50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY
ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.

 Rep. FLEMING moved to adjourn debate on the Bill until Tuesday,
May 14.




                                  3191
                      THURSDAY, MAY 9, 2002

   Rep. WITHERSPOON moved to table the motion, which was agreed
to.

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

      RETURNED TO THE SENATE WITH AMENDMENTS
  The following Joint Resolution was taken up, read the third time, and
ordered returned to the Senate with amendments:

  S. 131 -- Senators Leatherman and Drummond: A JOINT
RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16,
ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA,
1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC
EMPLOYEE PENSION PLANS IN THIS STATE AND
INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS
STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO
DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS
TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN
AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE
SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH
THE NATIONAL ASSOCIATION OF SECURITIES DEALERS
AUTOMATIC QUOTATION SYSTEM.

            ORDERED ENROLLED FOR RATIFICATION
    The following Joint Resolution was read the third time, passed and,
having received three readings in both Houses, it was ordered that the
title be changed to that of an Act, and it be enrolled for ratification:

  S. 926 -- Senators Ritchie, Ford, Hutto, Drummond, Matthews,
Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT
RESOLUTION TO ALLOW THE SOUTH CAROLINA STATE
PORTS AUTHORITY TO BEGIN THE PERMITTING PROCESS AS
WELL AS THE ENVIRONMENTAL IMPACT STUDY FOR PORT
EXPANSION ON DANIEL ISLAND, COOPER RIVER SIDE, TO
DIRECT THE SOUTH CAROLINA DEPARTMENT OF
TRANSPORTATION, THE PUBLIC RAILWAY DIVISION OF THE
DEPARTMENT        OF COMMERCE, AND              THE STATE
INFRASTRUCTURE BANK TO EXPLORE ALL POTENTIAL
OPPORTUNITIES, FEDERAL RESOURCES FOR INFRA-

                                   3192
                      THURSDAY, MAY 9, 2002

STRUCTURE IMPROVEMENTS FOR PORT EXPANSION, AND
TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO
TAKE STEPS TO PROVIDE INDEMNIFICATION FOR BOARD
MEMBERS RELATING TO THEIR SERVICE ON THE BOARD.

           H. 5225--ADOPTED AND SENT TO SENATE
  The following Concurrent Resolution was taken up:

  H. 5225 -- Rep. Allen: A CONCURRENT RESOLUTION TO
REQUEST THE DEPARTMENT OF TRANSPORTATION NAME
THE AUGUSTA ROAD BRIDGE THAT CROSSES INTERSTATE
HIGHWAY 85 IN GREENVILLE COUNTY IN HONOR OF THE
LATE MR. OTIS C. DAVIS, SR., AND INSTALL APPROPRIATE
MARKERS OR SIGNS CONTAINING THE WORDS "OTIS C.
DAVIS, SR. MEMORIAL BRIDGE".

  Whereas, Mr. Otis C. Davis, Sr., was born on May 13, 1910, and
died on February 15, 2000, in Greenville County, the son of the late
Richard and Tina Garrett Davis; and

  Whereas, in 1929, he married the late Ella Dixon Davis and together
they were the parents of thirteen children; and

   Whereas, he attended Bakers Chapel School and was reared on a
large farm where he developed a love for animals and nature; and

   Whereas, Mr. Davis operated a large-scale farm for many years,
briefly worked in a sawmill, and ultimately became the first black
building contractor in the Greenville area; and

  Whereas, using his talents to help many black individuals become
home owners, he developed several housing subdivisions in Greenville
County which include ones on Maudie Street and Theresa Drive; and

  Whereas, he also built or renovated more than forty area churches
and was the contractor for the Ghana Motel, one of the first motels for
black individuals; and

  Whereas, Mr. Davis was a faithful member of the Rock Hill Baptist
Church for more than sixty years where he served as Chairman of the
Deacon‟s Board and Sunday School Superintendent; and

                                  3193
                      THURSDAY, MAY 9, 2002


  Whereas, the members of the General Assembly, by this resolution,
request the Department of Transportation name the Augusta Road
Bridge that crosses Interstate Highway 85 in Greenville County in
honor of the late Mr. Otis C. Davis, Sr., a distinguished son of South
Carolina. Now, therefore,

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

   That the members of the General Assembly request the Department
of Transportation to name the Augusta Road Bridge that crosses
Interstate Highway 85 in Greenville County in honor of the late Mr.
Otis M. Davis, Sr., and install appropriate markers or signs at the
bridge containing the words “Otis C. Davis, Sr. Memorial Bridge” to
recognize his numerous and outstanding accomplishments.

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

  The Concurrent Resolution was adopted and sent to the Senate.

                     MOTION PERIOD
  The motion period was dispensed with on motion of Rep.
FLEMING.

                 H. 3592--DEBATE ADJOURNED
  Rep. TOWNSEND moved to adjourn debate upon the following Bill
until Tuesday, May 14, which was adopted:

  H. 3592 -- Reps. Rodgers, Bowers, Gilham, Hosey, Rivers and
R. Brown: A BILL TO AMEND SECTION 57-1-320, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
ELECTION OF A PERSON TO THE COMMISSION OF THE
DEPARTMENT OF TRANSPORTATION FROM A COUNTY
THAT IS DIVIDED AMONG TWO OR MORE DEPARTMENT OF
TRANSPORTATION DISTRICTS, AND TO TERM LIMITATIONS
IMPOSED UPON DEPARTMENT OF TRANSPORTATION
COMMISSION MEMBERS, SO AS TO ALLOW A
COMMISSIONER TO SERVE TWO CONSECUTIVE TERMS AND
TO PROVIDE THAT A RESIDENT COMMISSION MEMBER

                                  3194
                     THURSDAY, MAY 9, 2002

WHO COMPLETES A SECOND CONSECUTIVE TERM MUST BE
REPLACED BY A PERSON WHO RESIDES IN ANOTHER
COUNTY WITHIN THE DISTRICT.

                 H. 4922--DEBATE ADJOURNED
  Rep. MCLEOD moved to adjourn debate upon the following Bill
until Tuesday, May 14, which was adopted:

  H. 4922 -- Reps. Scarborough, Owens, Limehouse, White, Trotter,
Townsend, Cooper, Kelley, Meacham-Richardson, Altman and Loftis:
A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF
REGULATIONS         AND      REQUESTS      TO     WITHDRAW
REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE
APPROVAL OF REGULATIONS RATHER THAN ALLOWING
THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED
TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-
HUNDRED-TWENTY-DAY PERIOD AND TO PROVIDE THAT IF
A RESOLUTION TO APPROVE OR DISAPPROVE A
REGULATION HAS NOT BEEN ENACTED BY THE END OF THE
SECOND YEAR OF THE LEGISLATIVE SESSION, THE
REGULATION MUST BE PROMULGATED AS A NEW
REGULATION BEFORE SUBMITTING FOR SUBSEQUENT
APPROVAL.

                 H. 4861--DEBATE ADJOURNED
  Rep. WALKER moved to adjourn debate upon the following Bill
until Tuesday, May 14, which was adopted:

   H. 4861 -- Reps. Coleman, Cotty, G. M. Smith, W. D. Smith, Allen,
G. Brown, Davenport, Delleney, Emory, Harrison, Howard, Jennings,
Lourie, McCraw, J. M. Neal, Ott, Phillips, Sheheen, Sinclair,
F. N. Smith, J. E. Smith, Talley, Weeks, Whatley, Witherspoon and
J. Young: A BILL TO AMEND SECTION 56-25-20, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO
COMPLY WITH TRAFFIC CITATIONS ISSUED IN SOUTH
CAROLINA OR A COMPACT JURISDICTION, SO AS TO
PROVIDE FOR THE SUSPENSION OF DRIVER'S LICENSE FOR
FAILURE TO COMPLY WITH A CITATION FOR A VIOLATION

                                3195
                    THURSDAY, MAY 9, 2002

OF TITLE 50 OR ANOTHER LAW REGULATING HUNTING OR
FISHING ISSUED IN THIS OR ANOTHER COMPACT
JURISDICTION.

          S. 1131--MOTION TO RECONSIDER TABLED
  The motion of Rep. SCOTT to reconsider the vote whereby debate
was adjourned on the following Bill until Tuesday, May 14 was taken
up:

  S. 1131 -- Senators Patterson, Giese, Courson and Jackson: A BILL
TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS
PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE
IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE
TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY
YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY
GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE
DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE
SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE
THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS
APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO
PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT,
IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH
CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO
THE RICHLAND COUNTY TREASURER FOR THE RICHLAND
COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS
IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND
MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA
SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION
FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED
WITH UNITED STATES DEPARTMENT OF AGRICULTURE
FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF
APPLYING THE REVENUES OF THE TAX TO SCHOOL
DISTRICT GENERAL OBLIGATION DEBT SERVICE.

  Rep. QUINN moved to table the motion to reconsider.




                                3196
                     THURSDAY, MAY 9, 2002

   Rep. SCOTT demanded the yeas and nays which were taken,
resulting as follows:
                      Yeas 11; Nays 7

Those who voted in the affirmative are:
Bales                  Bingham                Cotty
Frye                   Harrison               Huggins
Koon                   McLeod                 Quinn
Riser                  Stuart

                               Total--11

Those who voted in the negative are:
Brown, J.              Howard                 Lourie
Neal, J.H.             Rutherford             Scott
Smith, J.E.

                                Total--7

  So, the motion to reconsider was tabled.

                  S. 887--DEBATE ADJOURNED
  Rep. WEEKS moved to adjourn debate upon the following Bill until
Tuesday, May 14, which was adopted:

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

                                  3197
                     THURSDAY, MAY 9, 2002

OBSOLETE   LANGUAGE,    TO   PROVIDE    FOR  THE
CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A
SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS
FOR DETERMINING THE TERMINATION OF THE TAX.

  Rep. WALKER 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. 5026 -- Reps. Campsen, Altman, Bingham, R. Brown, Chellis,
Cooper, Dantzler, Fleming, Harrell, Limehouse, Merrill, Quinn,
Scarborough, Simrill, G. M. Smith, Whatley and Whipper: A
CONCURRENT RESOLUTION TO REQUEST THAT THE
DEPARTMENT OF TRANSPORTATION NAME 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 THE H. L. HUNLEY BRIDGE AND INSTALL
APPROPRIATE SIGNS OR MARKERS, SO THAT AS THE
PUBLIC PASSES, THEY WILL REMEMBER THE SUBMARINE,
THE H.L. HUNLEY, AND THE NINE BRAVE CREW MEN WHO
DIED ON BOARD.

  H. 5194 -- Reps. Townsend, Barrett, Sharpe and Martin: A
CONCURRENT RESOLUTION TO REQUEST THAT THE
DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT
OF TRANSPORTATION HONOR THE MOTOR VEHICLE
MAXIMUM LENGTH LIMITATIONS PERMITTED BY THE
STATES    OF    NORTH     CAROLINA       AND     GEORGIA,
RESPECTIVELY, UPON MOTOR VEHICLES THAT DISPLAY
FARM TRUCK LICENSE PLATES FROM THOSE STATES.

  H. 5230 -- Reps. Scarborough and Altman: A CONCURRENT
RESOLUTION CONGRATULATING JAMES ISLAND CHRISTIAN
SCHOOL OF CHARLESTON COUNTY ON WINNING THE
SOUTH CAROLINA ENVIROTHON COMPETITION ON APRIL
26, 2002, IN COLUMBIA.



                                 3198
                      THURSDAY, MAY 9, 2002

  H. 5233 -- Rep. Lourie: A CONCURRENT RESOLUTION TO
CONGRATULATE THE RICHLAND NORTHEAST HIGH
SCHOOL'S MODEL UNITED NATIONS CLUB AND THE CLUB'S
SPONSOR-ADVISER, MS. LYNN WASHINGTON, ON WINNING
A THIRTEENTH CONSECUTIVE FIRST-PLACE AWARD AT THE
NATIONAL HIGH SCHOOL MODEL UNITED NATIONS
CONFERENCE.

  H. 5234 -- Rep. Battle: A CONCURRENT RESOLUTION TO
COMMEND HEAD COACH FRED SENTER OF MULLINS HIGH
SCHOOL FOR HIS EXTRAORDINARY CAREER AS BOTH A
COACH AND AN EDUCATOR AND TO CONGRATULATE HIM
ON BEING INDUCTED INTO SOUTH CAROLINA ATHLETIC
COACHES ASSOCIATION HALL OF FAME.

  H. 5235 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO
RECOGNIZE AND THANK COMMISSIONER JAMES M. "MIKE"
MCMICHAEL OF THE SOUTH CAROLINA RESIDENTIAL
BUILDERS COMMISSION FOR HIS LEADERSHIP AND
DEDICATED SERVICE TO THE HOME BUILDING INDUSTRY
OF SOUTH CAROLINA AND TO WISH HIM WELL AS HE
LEAVES THE STATE.

   H. 5236 -- Reps. Scott, 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, 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 EXTEND SINCERE CONGRATULATIONS

                                  3199
                    THURSDAY, MAY 9, 2002

AND BEST WISHES OF THE MEMBERS OF THE GENERAL
ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE
BELOVED MRS. ANNIE B. DAVIS OF RICHLAND COUNTY ON
THE OCCASION OF HER SIXTY-FIFTH BIRTHDAY.

  H. 5242 -- Reps. Lucas, Simrill, Meacham-Richardson and Kirsh: A
CONCURRENT          RESOLUTION         TO    COMMEND         AND
CONGRATULATE ANNA HARDIN AND KELTY ALLEN,
ROOMMATES AT THE SOUTH CAROLINA GOVERNOR'S
SCHOOL FOR SCIENCE AND MATHEMATICS, FOR THEIR
AMAZING ACCOMPLISHMENT OF BOTH SCORING A
PERFECT 1600 ON THE SAT ON MARCH 16, 2002.

  H. 5243 -- Rep. Kelley: A CONCURRENT RESOLUTION TO
COMMEND AND CONGRATULATE SERGEANT PHILLIP CAIN
OF HORRY COUNTY ON BEING NAMED MYRTLE BEACH
POLICE OFFICER OF THE YEAR.

  H. 5244 -- Reps. Phillips, McCraw and Littlejohn: A
CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND
JAMES D. BATCHLER OF CHEROKEE COUNTY FOR HIS TIME
AND EFFORT GIVEN TO HELP RAISE FUNDS TO ESTABLISH A
LIBRARY IN BLACKSBURG AND HIS MANY OTHER
CONTRIBUTIONS TO THE COMMUNITY.

                          ADJOURNMENT
  At 11:45 a.m. the House, in accordance with the motion of Rep.
WITHERSPOON, adjourned in memory of former Senator James P.
Stevens, Sr. of Horry County, to meet at 10:00 a.m. tomorrow.
                                  ***




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