WEDNESDAY, MAY 8, 2002

Indicates Matter Stricken

Indicates New Matter

The House assembled at 10:00 a.m.

Deliberations were opened with prayer by Rev. Dr. Whaley 'Bill' Barton, Jr. as follows:

Dear Father, the psalmist tells us that his days are like a lengthened shadow; and he withers away like grass. As we near the end of this session many feel like their days are being lengthened and they are withering away. Yet, there is a desire to do what is rightly expected of us. So please, dear Father, renew my brothers and sisters that we might finish the race. Be our strength, dear God, for we pray in the name of our Lord. Amen.

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

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

MOTION ADOPTED

Rep. BALES moved that when the House adjourns, it adjourn in memory of Wanda Gibbs of Columbia, which was agreed to.

COMMITTEE OFFICER

The following was received:

AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS COMMITTEE

May 8, 2002

The Honorable David H. Wilkins

Speaker, South Carolina House of Representatives

Room 508, Blatt Building

Columbia, South Carolina 29211

Dear Mr. Speaker:

Please be informed that the Agriculture, Natural Resources and Environmental Affairs Committee met on May 8, 2002, and elected the Honorable William D. Witherspoon to fill the unexpired term of Chairman of the Committee.

Sincerely,

Van Hegler

Director of Research

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 5225 -- Rep. Allen: A CONCURRENT RESOLUTION TO REQUEST THAT 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".

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

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.

Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

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 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.

Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

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.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 5232 -- Rep. Lourie: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS CLUB AND THE CLUB'S SPONSOR-ADVISER, MS. LYNN WASHINGTON, AT A TIME AND ON A DATE AS DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR WINNING A THIRTEENTH CONSECUTIVE FIRST-PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Richland Northeast High School’s Model United Nations Club and the club’s sponsor-adviser, Ms. Lynn Washington, at a time and on a date as determined by the Speaker, for the purpose of being recognized and congratulated for winning a thirteenth consecutive first-place award at the National High School Model United Nations Conference.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

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.

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

CONCURRENT RESOLUTION

The following was introduced:

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.

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

CONCURRENT RESOLUTION

The following was introduced:

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.

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

CONCURRENT RESOLUTION

The following was introduced:

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 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.

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

INTRODUCTION OF BILLS

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

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

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

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.

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

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.

Referred to Anderson Delegation

HOUSE RESOLUTION

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

H. 5240 -- Reps. Lucas, Simrill, Meacham-Richardson and Kirsh: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO KELTY ALLEN, A STUDENT AT THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE HER ON A PERFECT SCORE OF 1600 ON THE SAT.

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, extend the privilege of the floor of the House of Representatives to Kelty Allen, a student at the Governor’s School for Science and Mathematics, at a date and time to be determined by the Speaker, to congratulate her on a perfect score of 1600 on the SAT.