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


Printed Page 1385 . . . . . Thursday, March 6, 2003

Thursday, March 6, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for the day is from Isaiah 49:6: "I will give you as a light to the nations, that My salvation may reach to the end of the earth."
Let us pray. Radiant God, You have shown us the beauty of truth in Your presence with us. Strengthen us to greater faith so that we might be strong enough to see Your hand in the work we have been called to do. Give us the courage to do this work for the people now and in the future. Hear our prayer. 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. LUCAS moved that when the House adjourns, it adjourn in memory of Donna Stanton Saleeby of Hartsville, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 6, 2003
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:50 a.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

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


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REPORT OF STANDING COMMITTEE

Rep. D. C. SMITH, from the Edgefield Delegation, submitted a favorable report on:

H. 3717 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO REQUIRE THE EDGEFIELD COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES TO ESTABLISH THE STARTING AND ENDING DATES OF THE SCHOOL TERM AND TO REQUIRE THAT THE LENGTH OF THE SCHOOL TERM COMPLIES WITH SECTION 59-1-420.

H. 3717--ORDERED TO THIRD READING

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

H. 3717 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO REQUIRE THE EDGEFIELD COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES TO ESTABLISH THE STARTING AND ENDING DATES OF THE SCHOOL TERM AND TO REQUIRE THAT THE LENGTH OF THE SCHOOL TERM COMPLIES WITH SECTION 59-1-420.

The Joint Resolution was read second time and ordered to third reading.

H. 3717--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CLYBURN, with unanimous consent, it was ordered that H. 3717 (Word version) be read the third time tomorrow.

REPORT OF STANDING COMMITTEE

Rep. J. R. SMITH, from the Aiken Delegation, submitted a favorable report on:

H. 3255 (Word version) -- Rep. J. R. Smith: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF AIKEN COUNTY MUST BE SET BY THE GOVERNING BODY OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM


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

H. 3255--ORDERED TO THIRD READING

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

H. 3255 (Word version) -- Rep. J. R. Smith: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF AIKEN COUNTY MUST BE SET BY THE GOVERNING BODY OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

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

H. 3255--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. J. R. SMITH, with unanimous consent, it was ordered that H. 3255 (Word version) be read the third time tomorrow.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 3742 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor,


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Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND MICHELIN NORTH AMERICA FOR ITS WONDERFUL PARTNERSHIP ACTIVITIES WITH LOCAL COMMUNITY ORGANIZATIONS AND VOLUNTEERS WHO SERVE THE COMMUNITIES WHERE THE COMPANY HAS OPERATING LOCATIONS, INCLUDING GREENVILLE, AND TO DECLARE MONDAY, MARCH 10, 2003, AS "MICHELIN COMMUNITY PARTNERS DAY" IN GREENVILLE.

Whereas, Michelin North America for many years has entered into partnerships with organizations which serve the communities where the company has operating locations; and

Whereas, one such partnership is in Greenville where these community partners have made forward strides in bettering the lives of Greenville's citizens through their vital work and tremendous effort; and

Whereas, Michelin North America has endeavored to recognize each of its community partners and to likewise celebrate the spirit of volunteers; and

Whereas, Michelin North America strives to make a positive impact in the community with diversified partnerships in the areas of education, youth development, and community enhancement; and

Whereas, the members of the House of Representatives, by this resolution, desire to publicly recognize Michelin North America for its outstanding efforts in establishing these community partnerships. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives hereby commends Michelin North America for its wonderful partnership activities with local community organizations and volunteers who serve the communities where the company has operating locations, including Greenville, and declares Monday, March 10, 2003, as "Michelin Community Partners Day" in Greenville.


Printed Page 1389 . . . . . Thursday, March 6, 2003

Be it further resolved that a copy of this resolution be forwarded to Michelin North America.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3743 (Word version) -- Rep. Anthony: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE UNION COUNTY BOARD OF TRUSTEES ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.
On motion of Rep. ANTHONY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3744 (Word version) -- Reps. Sandifer, Kirsh, Richardson, Cato, Young, Battle, Barfield, Ceips, Chellis, Clark, Cooper, Davenport, Duncan, Edge, Gilham, Herbkersman, Hinson, Huggins, Keegan, Leach, Littlejohn, Loftis, Mahaffey, Martin, McCraw, Owens, Perry, Phillips, Pinson, Rice, Scarborough, Simrill, D. C. Smith, J. R. Smith, Snow, Stille, Taylor, Toole, Tripp, Trotter, Vaughn, Viers, Walker, White, Whitmire and Witherspoon: A BILL TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2003 BY ADDING CHAPTER 32 TO TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A LIMIT OF TWO HUNDRED FIFTY THOUSAND DOLLARS FOR NONECONOMIC DAMAGES THAT MAY BE AWARDED A PLAINTIFF IN A PERSONAL INJURY ACTION AND TO PROVIDE THAT PUNITIVE DAMAGES MAY BE AWARDED FOR FRAUDULENT OR WILFUL OR INTENTIONAL CONDUCT SPECIFICALLY INTENDED TO HARM THE PERSON SEEKING PUNITIVE DAMAGES, TO REQUIRE A PLAINTIFF, PRIOR TO JUDGMENT, TO ELECT BETWEEN PUNITIVE DAMAGES AND OTHER DAMAGES AVAILABLE UNDER ANOTHER REMEDY, TO SPECIFY FACTORS THAT MUST BE CONSIDERED IN AWARDING PUNITIVE DAMAGES; TO ADD CHAPTER 40 TO TITLE 15 SO AS TO PROVIDE THAT IN ALL TORT ACTIONS EVIDENCE OF COLLATERAL SOURCE PAYMENTS TO BE MADE TO THE


Printed Page 1390 . . . . . Thursday, March 6, 2003

CLAIMANT IS ADMISSIBLE AND TO REQUIRE SPECIFIC FINDINGS TO BE MADE FOR THE AMOUNT OF CERTAIN PAST AND FUTURE DAMAGES; TO AMEND SECTION 34-31-20, AS AMENDED, RELATING TO THE ANNUAL LEGAL RATE OF INTEREST ON MONEY DECREES AND JUDGMENTS, SO AS TO CHANGE THE INTEREST RATE FROM TWELVE PERCENT TO SIX PERCENT; TO AMEND SECTION 15-1-310, RELATING TO IMMUNITY FROM LIABILITY FOR PERSONS, WHO IN GOOD FAITH, RENDER EMERGENCY CARE AT THE SCENE OF AN ACCIDENT, SO AS TO PROVIDE IMMUNITY TO HEALTH CARE PROVIDERS, WHO WITH NO EXPECTATION OF PAYMENT, RENDER MEDICAL CARE AND TO APPLY THE LIMITS OF LIABILITY PROVIDED FOR IN THE TORT CLAIMS ACT FOR ANY CLAIM BROUGHT AGAINST SUCH PERSONS; TO ADD SECTION 15-1-315 SO AS TO PROVIDE IMMUNITY FROM LIABILITY TO A HEALTH CARE PROVIDER FOR AN INJURY SUSTAINED BY A PATIENT FROM TAKING A PRESCRIPTION DRUG OR USING A MEDICAL DEVICE PRESCRIBED BY THE PROVIDER IN ACCORDANCE WITH INSTRUCTIONS OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION; TO AMEND SECTION 56-5-6540, AS AMENDED, RELATING TO VIOLATIONS OF MANDATORY SEATBELT USAGE, SO AS TO PROVIDE THAT SUCH VIOLATIONS ARE ADMISSIBLE TO PROVE CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OR CERTAIN OTHER DEFENSES IN A CIVIL ACTION; TO ADD CHAPTER 47 TO TITLE 15 SO AS TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A RESIDENTIAL DWELLING, TO REQUIRE A CLAIMANT TO COMPLY WITH THESE PROCEDURES BEFORE COMMENCING LITIGATION FOR SUCH DEFECTS, AND TO PROHIBIT A PERSON FROM PROVIDING ANYTHING OF MONETARY VALUE TO A PROPERTY MANAGER, MEMBER, OR OFFICER OF AN EXECUTIVE BOARD OF A HOMEOWNER'S ASSOCIATION TO INDUCE THE INDIVIDUAL TO ENCOURAGE OR DISCOURAGE THE ASSOCIATION TO FILE A CLAIM FOR SUCH DEFECTS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 15-78-20, AS AMENDED, RELATING TO THE TORT CLAIMS ACT, SO AS TO DELETE

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PROVISIONS AUTHORIZING RECOVERY AGAINST A GOVERNMENTAL HEALTH FACILITY FOR A CLAIM ARISING BEFORE THE EFFECTIVE DATE OF THE TORT CLAIMS ACT IF THE FACILITY MAINTAINED LIABILITY INSURANCE COVERAGE AND TO DELETE THE PROVISION SPECIFICALLY DELAYING INCLUSION OF PHYSICIANS AND DENTISTS IN THE TORT CLAIMS ACT UNTIL JANUARY 1, 1989; TO AMEND SECTION 15-78-30, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY" TO INCLUDE HEALTH CARE PROVIDERS RENDERING CARE UNDER MEDICAID AND OTHER PUBLICLY FUNDED HEALTH CARE PROGRAMS AND TO DEFINE "DISCRETIONARY ACT"; TO AMEND SECTIONS 15-78-70 AND 15-78-120, BOTH AS AMENDED, RELATING RESPECTIVELY TO THE STATE TORT CLAIMS ACT BEING THE EXCLUSIVE REMEDY FOR CLAIMS AGAINST THE STATE FOR ACTS OF ITS EMPLOYEES AND TO LIMITATIONS ON THE AMOUNT OF DAMAGES A PERSON MAY RECOVER, SO AS TO DELETE PROVISIONS PROVIDING NO LIMIT ON THE AMOUNT OF LIABILITY AGAINST PHYSICIANS OR DENTISTS RENDERING SERVICES WHICH ARE PAID FROM A SOURCE OTHER THAN A GOVERNMENTAL SALARY AND TO DELETE PROVISIONS WHICH ESTABLISH A HIGHER LIMIT OF LIABILITY UNDER THE TORT CLAIMS ACT FOR ACTIONS AGAINST GOVERNMENTAL PHYSICIANS AND DENTISTS ACTING WITHIN THE SCOPE OF THEIR GOVERNMENTAL EMPLOYMENT; TO ADD SECTION 15-78-55 SO AS TO PROVIDE THAT EACH EXCEPTION TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT IS SEPARATE FROM OTHER EXCEPTIONS AND EACH RENDERS THE GOVERNMENTAL ENTITY IMMUNE; TO AMEND SECTION 15-78-100, AS AMENDED, RELATING TO THE STATUTE OF LIMITATIONS AND JURISDICTION UNDER THE TORT CLAIMS ACT, SO AS TO AUTHORIZE A GOVERNMENTAL ENTITY TO IMPLEAD A PERSON OR ENTITY IN AN ACTION; TO AMEND SECTION 15-3-640, RELATING TO ACTIONS BASED ON DEFECT OR UNSAFE CONDITION OF IMPROVEMENT TO REAL PROPERTY, SO AS TO CHANGE THE STATUTE OF LIMITATIONS FROM THIRTEEN YEARS TO SIX YEARS; TO ADD SECTION 15-3-645 SO AS TO ESTABLISH A SIX-YEAR

Printed Page 1392 . . . . . Thursday, March 6, 2003

STATUTE OF LIMITATIONS ON ACTIONS BASED UPON AN ALLEGED DEFECT OR FAILURE IN A PRODUCT; TO ADD CHAPTER 41 TO TITLE 15 SO AS TO PROVIDE THAT IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, THE LIABILITY FOR EACH DEFENDANT IS SEVERAL ONLY AND MUST BE ALLOCATED TO THE DEFENDANTS BASED ON EACH DEFENDANT'S PERCENTAGE OF FAULT AND TO ESTABLISH CRITERIA FOR ESTABLISHING THE PERCENTAGES OF FAULT; TO AMEND CHAPTER 36, TITLE 15, RELATING TO SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT, SO AS TO REPLACE THE PROVISIONS OF THAT CHAPTER WITH PROVISIONS REQUIRING AN ATTORNEY FOR A PLAINTIFF TO SIGN DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE THAT THE SIGNING CONSTITUTES CERTIFICATION THAT THE DOCUMENT IS NOT FRIVOLOUS OR INTERPOSED FOR DELAY, AND TO PROVIDE SANCTIONS; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS WHICH MUST BE TRIED IN THE COUNTY IN WHICH THE DEFENDANT RESIDES, SO AS TO FURTHER PROVIDE FOR THE PROPER VENUE IF THE DEFENDANT IS A NONRESIDENT, A DOMESTIC CORPORATION, OR A FOREIGN CORPORATION; TO REPEAL SECTION 15-33-135 RELATING TO THE EVIDENTIARY STANDARD FOR PROVING PUNITIVE DAMAGES; TO REPEAL SECTION 44-7-50 RELATING TO THE MODIFICATION OF THE DOCTRINES OF CHARITABLE AND SOVEREIGN IMMUNITY; TO REPEAL SECTION 58-23-90 RELATING TO THE PROPER VENUE IN WHICH TO BRING AN ACTION AGAINST A LICENSED MOTOR CARRIER; AND TO REPEAL CHAPTER 38, TITLE 15 RELATING TO THE UNIFORM CONTRIBUTION AMONG TORT FEASORS ACT.
Referred to Committee on Judiciary

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown

Printed Page 1393 . . . . . Thursday, March 6, 2003

R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Freeman                Frye                   Gilham
Gourdine               Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kennedy
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Sheheen                Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 6.

Walton McLeod                     Marty Coates
John Scott                        Denny Neilson
Bill Cotty                        Mack Hines
Jerry Govan                       Eldridge Emory

Printed Page 1394 . . . . . Thursday, March 6, 2003

Todd Rutherford                   Seth Whipper
Jesse Hines                       Joe Brown
Alex Harvin                       Joseph Neal

Total Present--123

STATEMENT OF ATTENDANCE

Rep. JENNINGS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 5.

DOCTOR OF THE DAY

Announcement was made that Dr. William L. Mills of Conway is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. SNOW and MILLER and the Georgetown Delegation presented to the House the Carvers Bay High School "Bears" Football Team, the 2002 Class AA State Champions, their coach and other school officials.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."


Printed Page 1395 . . . . . Thursday, March 6, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3231 (Word version)
Date:   ADD:
03/06/03   THOMPSON

CO-SPONSOR ADDED

Bill Number:   H. 3714 (Word version)
Date:   ADD:
03/06/03   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
03/06/03   DAVENPORT

CO-SPONSOR REMOVED

Bill Number:   H. 3733 (Word version)
Date:   REMOVE:
03/06/03   HAMILTON

SENT TO THE SENATE

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

H. 3712 (Word version) -- Reps. Stille, M. A. Pitts and Townsend: A BILL TO AMEND ACT 1675 OF 1972, RELATING TO THE DONALDS-DUE WEST WATER AND SEWER AUTHORITY, SO AS TO ADD TWO MEMBERS TO THE AUTHORITY APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE ABBEVILLE COUNTY COUNCIL AND TO MAKE CONFORMING AMENDMENTS.

H. 3724 (Word version) -- Reps. Bales, J. Brown, Harrison and Scott: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS, TEACHERS, AND STAFF OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS


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

H. 3713 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.

H. 3718--AMENDED AND SENT TO THE SENATE

The following Bill was taken up:

H. 3718 (Word version) -- Rep. Miller: A BILL TO PROVIDE FOR THE MEMBERS OF THE BOARD OF TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT TO BE ELECTED BEGINNING WITH THE 2004 GENERAL ELECTION, FROM THE SEVEN SINGLE MEMBER DISTRICTS FROM WHICH MEMBERS OF THE GEORGETOWN COUNTY COUNCIL ARE ELECTED, TO PROVIDE FOR FOUR-YEAR STAGGERED TERMS FOR THE MEMBERS, TO PROVIDE FOR THE BOARD MEMBERS TO ELECT ONE MEMBER TO SERVE AS CHAIRMAN FOR A TERM OF TWO YEARS, TO TERMINATE THE TERMS OF CURRENT TRUSTEES WHEN THEIR SUCCESSORS ELECTED PURSUANT TO THIS ACT TAKE OFFICE, AND TO REPEAL ACT 592 OF 1994, RELATING TO THE METHOD OF ELECTION OF THE TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT.

Rep. MILLER, with unanimous consent, proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20297HTC03), which was adopted:


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Amend the bill, as and if amended, by adding an appropriately numbered penultimate section to read:
/SECTION   ____.   The General Assembly by the provisions of this act has determined to revise the representational structure of the Georgetown County School District and provides the following guide as governance principles for the reconstituted board:

(1)   the school board is a unit, which speaks with one voice or none;

(2)   the school board serves the district's ownership, the people of Georgetown County;

(3)   the school board defines and delegates; it does not react or ratify;

(4)   the school board makes policy decisions;

(5)   the school board's policy determinations go from broad to narrow;

(6)   the school board's primary role is determining the district's goals;

(7)   the school board sets operating parameters for the district superintendent but it does not prescribe means;

(8)   the school board sets its own processes and policies to ensure effective board performance;

(9)   the school board empowers the district superintendent and requires accountability;

(10)   the school board measures the superintendent's performance against appropriate evaluation criteria, with student achievement as the first and most important criteria. /
Renumber sections to conform.
Amend title to conform.

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

The Bill, as amended, was read the third time and ordered sent to the Senate.

H. 3616--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3616 (Word version) -- Reps. Cato, Wilkins, Chellis and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37 RELATING TO CONSUMER


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PROTECTION SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT; TO DEFINE THE SUBJECT LOANS; TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES; TO PROVIDE FOR APPLICATION OF SOUTH CAROLINA LAW TO HIGH-COST HOME LOAN AGREEMENTS; TO REQUIRE A HIGH-COST HOME LOAN LENDER TO PROVIDE ADDITIONAL DISCLOSURES TO THE BORROWER AND TO ENSURE THAT THE BORROWER IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS; TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN; TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN; TO PROVIDE THAT A BAD-FAITH VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE SUBJECT TO CHAPTER 5 OF TITLE 39; TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, DIRECTOR OF THE CONSUMER FINANCE DIVISION OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, OR A PARTY TO THE LOAN; TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER; TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING THE PROHIBITION OF "FLIPPING" A LOAN AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN; TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE; TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, DIRECTOR OF THE CONSUMER FINANCE DIVISION OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, OR A PARTY TO THE CONSUMER

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HOME LOAN; TO PROVIDE FOR PENALTIES AND REMEDIES, INCLUDING ATTORNEY'S FEES; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT OF MISCELLANEOUS LOANS, SO AS TO PROVIDE FOR PREPAYMENT WITHOUT PENALTY OF A CONSUMER HOME LOAN OF LESS THAN ONE HUNDRED FIFTY THOUSAND DOLLARS; AND TO AMEND SECTION 37-1-109, AS AMENDED, RELATING TO CHANGING DOLLAR AMOUNTS USED IN THE CONSUMER PROTECTION CODE, SO AS TO REFLECT THE DOLLAR AMOUNT FOR PREPAYMENT OF A CONSUMER HOME LOAN WITHOUT PENALTY.

Reps. CATO, J. E. SMITH, THOMPSON, WHITE, COBB-HUNTER, ALTMAN, SCARBOROUGH, TROTTER, OWENS, LEACH, OTT, F. N. SMITH, VIERS, SKELTON, LLOYD, CHELLIS, COTTY, SANDIFER, WEEKS, WHITMIRE, NEILSON, LOFTIS, DUNCAN, SINCLAIR and HOSEY requested debate on the Bill.

H. 3555--POINT OF ORDER

The following Bill was taken up:

H. 3555 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-31 AND 5-7-31 SO AS TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT ANY ORDINANCE THAT SUPERSEDES OR IMPOSES A MORE STRINGENT STANDARD THAN THE STANDARDS ESTABLISHED BY ACT 460 OF 1996.

POINT OF ORDER

Rep. LOURIE 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. 3128--REQUEST FOR DEBATE AND POINT OF ORDER

The following Bill was taken up:

H. 3128 (Word version) -- Reps. Lourie, J. Brown, Clark, Cotty and J. H. Neal: A BILL TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF


Printed Page 1400 . . . . . Thursday, March 6, 2003

LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS AND ENFORCEMENT OF THE STATE'S MANDATORY USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SEAT BELT OR A CHILD RESTRAINT SYSTEM.

Rep. LOURIE requested debate on the Bill.

POINT OF ORDER

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

H. 3050--POINT OF ORDER

The following Bill was taken up:

H. 3050 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-25 SO AS TO ESTABLISH CRITERIA FOR THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS TO STUDENTS GRADUATING IN 2003 AND THEREAFTER WHO ATTEND "MAGNET SCHOOLS" OR SCHOOLS WITH "OPEN ENROLLMENT".

POINT OF ORDER

Rep. ALTMAN 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. 3410--POINT OF ORDER

The following Bill was taken up:

H. 3410 (Word version) -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION


Printed Page 1401 . . . . . Thursday, March 6, 2003

30-1-90, RELATING TO THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY ASSISTING IN CREATING, FILING, AND PRESERVING RECORDS, SO AS TO ELIMINATE THE BUDGET AND CONTROL BOARD FROM THE RECORDS RETENTION SCHEDULE APPROVAL PROCESS AND ELIMINATE THE REQUIREMENT THAT THE GENERAL SCHEDULES BE DEVELOPED AS STATE REGULATIONS.

POINT OF ORDER

Rep. ALTMAN 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.

REGULATION NO. 2821--RECALLED AND REFERRED TO COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. TOWNSEND, with unanimous consent, Regulation No. 2821 was ordered recalled from Committee on Labor, Commerce and Industry and referred to Committee on Education and Public Works.

R. 2, S. 158--GOVERNOR'S VETO SUSTAINED

The Veto on the following Act was taken up:

(R2) S. 158 (Word version) -- Senators Ravenel and Grooms: AN ACT TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.

Rep. MACK moved to adjourn debate on the veto.

Rep. ALTMAN moved to table the motion to adjourn debate on the Veto, which was rejected by a division vote of 9 to 5.

Rep. ALTMAN spoke against the Veto.


Printed Page 1402 . . . . . Thursday, March 6, 2003

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 6; Nays 8

Those who voted in the affirmative are:

Chellis                Dantzler               Hagood
Harrell                Limehouse              Young

Total--6

Those who voted in the negative are:

Altman                 Breeland               R. Brown
Mack                   Merrill                Miller
Scarborough            Whipper

Total--8

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 3344--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3344 (Word version) -- Reps. Cato, Kirsh, Jennings, Battle, Harvin, J. E. Smith, Sheheen, Thompson, Trotter, Bingham, Chellis, Edge, Hamilton, Harrell, Harrison, Kennedy, Quinn, Richardson, Rutherford, Sandifer, Scarborough, W. D. Smith, Young, Barfield, Breeland, J. Brown, Clyburn, Cotty, Haskins, Huggins, Lourie, Merrill, Perry, Rice, Simrill, Taylor, Umphlett, Witherspoon, Bales, Lloyd, McCraw, Tripp, Walker, Limehouse, Hagood, Toole, Hinson, Loftis, Weeks, Clemmons, Owens and McLeod: A BILL TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "BROADBAND SERVICE"; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND


Printed Page 1403 . . . . . Thursday, March 6, 2003

NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION.

Rep. CATO explained the Senate Amendments.

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

SENT TO THE SENATE

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

H. 3538 (Word version) -- Reps. Townsend, Gilham, J. M. Neal, J. Hines, Martin, Wilkins, Cato, Chellis, Littlejohn, W. D. Smith, Stille, White, Talley, Thompson, Bailey, Clemmons, Barfield, Simrill, Mahaffey and Edge: A BILL TO ENACT THE "DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-5 SO AS TO PROVIDE FOR THE ESTABLISHMENT AND DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ENTER INTO CONTRACTS WITH CERTAIN PERSONS AND ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER'S LICENSE EXAMINATION; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT CERTAIN PERSONS MUST BE REGISTERED FOR THE UNITED STATES SELECTIVE SERVICE WHEN APPLYING TO THE DEPARTMENT OF MOTOR VEHICLES FOR CERTAIN SERVICES; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING CERTAIN INFORMATION RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO CERTAIN DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ALL DUTIES AND FUNCTIONS THAT RELATE TO ITS MOTOR VEHICLE DIVISION; TO AMEND SECTION 23-6-20 AND SECTION 23-6-30, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT, DUTIES, AND POWERS OF THE DEPARTMENT OF PUBLIC


Printed Page 1404 . . . . . Thursday, March 6, 2003

SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION AND ITS DUTIES AND FUNCTIONS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS THAT RELATE TO THE REGULATION OF MOTOR VEHICLES ALONG THE STATE'S HIGHWAYS, SO AS TO REDEFINE THE TERM "DEPARTMENT" TO MEAN THE "DEPARTMENT OF MOTOR VEHICLES"; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE FEE FOR AND CONTENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR FIVE YEARS IS TWELVE DOLLARS AND FIFTY CENTS, AND THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS IS TWENTY-FIVE DOLLARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO THE EXPIRATION AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE IS VALID FOR TEN YEARS INSTEAD OF FIVE YEARS FOR A PERSON WHO IS UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSE PLATES, VALIDATION DECALS, AND VEHICLE REGISTRATION CARDS, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, TO PROVIDE THAT A PERSON SHALL OBTAIN MOTOR VEHICLE LICENSE PLATES FROM THE DEPARTMENT OF MOTOR VEHICLES OR AN ENTITY AUTHORIZED BY THE DEPARTMENT, TO PROVIDE THAT A PERSON SHALL OBTAIN VALIDATION DECALS AND MOTOR VEHICLE REGISTRATION CARDS FROM THE DEPARTMENT OF MOTOR VEHICLES, THE COUNTY TREASURER'S OFFICE, OR AN ENTITY AUTHORIZED BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THE CONDITIONS UPON WHICH VALIDATION DECALS AND REGISTRATION CARDS MAY BE ISSUED, AND TO PROVIDE THAT CERTAIN FEES MAY BE CHARGED BY THE TREASURER'S OFFICES AND CERTAIN ENTITIES TO DEFRAY THEIR COSTS OF ISSUING VALIDATION DECALS AND REGISTRATION CARDS; TO REPEAL SECTION 23-6-35, RELATING TO FEES THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING CERTAIN MOTOR VEHICLE RECORDS; TO REPEAL ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE CREATION AND

Printed Page 1405 . . . . . Thursday, March 6, 2003

CERTAIN DUTIES AND FUNCTIONS OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES THAT RELATE TO THE DEPARTMENT OF PUBLIC SAFETY AND THE NEWLY CREATED DEPARTMENT OF MOTOR VEHICLES.

H. 3172--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3172 (Word version) -- Reps. Altman, Littlejohn and Hinson: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO REMEMBER THAT FEDERAL JUDGES ARE NOT APPOINTED FOR LIFE, BUT PURSUANT TO THE UNITED STATES CONSTITUTION ARE APPOINTED DURING "GOOD BEHAVIOR".

Whereas, the members of the General Assembly of the State of South Carolina respectfully remind the United States Congress and the President of the United States that federal judges are not appointed for life, but under Article III, Section 1 of the United States Constitution they are appointed "... during good behavior ..."; and

Whereas, it is appropriate that the United States Congress and the President of the United States define what "good behavior" of federal judges means; and

Whereas, it is a proper function of the United States Congress and the President of the United States to remove, from time to time, those federal judges as may in their opinion be found to be other than in "good behavior". Now, therefore,

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

That the members of the General Assembly of the State of South Carolina hereby request the United States Congress and the President of the United States to recognize that federal judges are not appointed for life, but pursuant to the United States Constitution are appointed


Printed Page 1406 . . . . . Thursday, March 6, 2003

during "good behavior" and may be removed from office for other than "good behavior" as defined by the United States Congress.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the President of the United States.

The Concurrent Resolution was adopted and sent to the Senate.

S. 216--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 216 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT ADDITIONAL PROVISIONS OF LAW THAT WOULD FURTHER REGULATE THE AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH CAN BE EXPECTED TO BE SEEN BY CHILDREN.

Whereas, several reputable studies have now shown that the increase in drugs, violence, implicit and explicit sex and sexual innuendo, and vulgar or inappropriate language and behavior in movies and especially on television has adversely affected the behavior and attitudes of children who watch such programs and who have not yet reached their majority; and

Whereas, taken to the extreme, some children have actually tried to duplicate in real life inappropriate and violent behavior that they have seen as drama or fiction on television; and

Whereas, some steps have been taken in the past to try to deal with this problem. The federal government set aside certain times for "children's hour" programming on television, and the Federal Telecommunications Act of 1996 further attempts to deal with this problem through a series of provisions designed to clean up the type of programming seen by children; and

Whereas, much more needs to be done and under the United States Constitution, Congress and not individual state legislatures is empowered to take such action; and


Printed Page 1407 . . . . . Thursday, March 6, 2003

Whereas, the members of the General Assembly of South Carolina, by this resolution, call on the Congress to enact comprehensive legislation that through such vehicles as required ratings, voluntary or mandatory standards, and peer and Federal Communication Commission review, will decrease the amount of violence, sex, drugs, and inappropriate language and behavior on television which reasonably can be expected to be seen by children. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the United States Congress to enact additional provisions of law that would further regulate the amount of violence, drugs, sex, and inappropriate language and behavior on television which can be expected to be seen by children.

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

The Concurrent Resolution was adopted and sent to the Senate.

H. 3708--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3708 (Word version) -- Reps. Ceips, Herbkersman, Lloyd, Young, Bailey, Barfield, Bowers, Breeland, R. Brown, Chellis, Clemmons, Edge, Gilham, Hagood, Haskins, Hinson, Keegan, Limehouse, Mack, Mahaffey, Merrill, Miller, Rivers, Scarborough, Umphlett, Viers and Witherspoon: A CONCURRENT RESOLUTION EXPRESSING THE CONCERN OF THE GENERAL ASSEMBLY OVER THE PRESENCE OF CHLORAMPHENICOL AND OTHER BANNED VETERINARY DRUGS IN IMPORTED SHRIMP AND CALLING ON THE FEDERAL GOVERNMENT TO TAKE IMMEDIATE AND FOCUSED EFFORTS TO IMPROVE ENFORCEMENT OF FOOD IMPORT RESTRICTIONS OF SEAFOOD IMPORTS IN ORDER TO PROTECT UNITED STATES CONSUMERS AND ENSURE SAFETY OF THE FOOD SUPPLY.


Printed Page 1408 . . . . . Thursday, March 6, 2003

Whereas, chloramphenicol, a potent antibiotic, can cause severe toxic effects in humans, including hypo-aplastic anemia, which is usually irreversible and fatal; and

Whereas, because of these human health impacts, chloramphenicol, nitrofurans, and similar veterinary drugs are not approved for use in food-producing animals in the United States; and

Whereas, other countries have been found to use these drugs in the aquaculture of shrimp and other seafood, including Thailand, Vietnam, and China; and

Whereas, the nation imports over 400,000 metric tons of shrimp annually, and Thailand and Vietnam are the top two exporters of shrimp to the United States, and China is the fifth largest exporter of shrimp to the United States; and

Whereas, in 2002 the European Union and Canada severely restricted imports of shrimp and other food from these nations upon detection of chloramphenicol using testing protocols that can detect such substances to 0.3 parts per billion in certain shipments of seafood from China and other nations; and

Whereas, the United States Food and Drug Administration inspects only two percent of all seafood imports into the United States and utilizes a testing procedure that cannot detect the presence of chloramphenicol below one part per billion; and

Whereas, Food and Drug Administration import testing did not detect chloramphenicol in shrimp imported from these nations in 2002, independent testing performed by or for the states of Alabama, Florida, Louisiana, Mississippi, and Texas detected chloramphenicol in samples of imported shrimp from China and other countries at levels harmful to human health; and

Whereas, imports of seafood from nations that utilize substances banned in the United States such as chloramphenicol, nitrofurans, and other veterinary drugs pose potential threats to United States consumers; and


Printed Page 1409 . . . . . Thursday, March 6, 2003

Whereas, denial of entry to contaminated shrimp and other products to the European Union and Canada will likely redirect imports to the United States of contaminated products turned away from these countries. Now, therefore,

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

That the General Assembly, by this resolution, expresses its concern about the presence of chloramphenicol, nitrofurans, and other veterinary drugs in imported shrimp and its potential impact on the safety of the food, and calls for immediate and focused actions by the federal government to improve enforcement of food import restrictions of seafood imports containing chloramphenicol, nitrofurans, and other banned veterinary drugs in order to protect United States consumers and ensure safety of the food supply.

Be it further resolved that a copy of this resolution be forwarded to the United States Food and Drug Administration.

Rep. CEIPS explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

H. 3170--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3170 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE LAKE MARION BOAT CHANNEL, COMMONLY KNOWN AS THE "SAFE CHANNEL", RUNNING EASTERLY FROM THE VICINITY OF THE BRICKYARD, THEN NORTHERLY ACROSS LAKE MARION TO THE VICINITY OF ABUND ISLAND IN OR NEAR THE SANTEE NATIONAL WILDLIFE REFUGE, AND THEN NORTHEASTERLY TO THE VICINITY OF THE MOUTH OF WYBOO CREEK, AS THE "DANNY BELL BOAT CHANNEL" IN HONOR OF THE LATE DANNY BELL OF EUTAW SPRINGS, AND INSTALL APPROPRIATE SIGNS, MARKERS, OR BUOYS.


Printed Page 1410 . . . . . Thursday, March 6, 2003

Whereas, the members of the General Assembly are proud to recognize and commemorate the life of such a worthy citizen, businessman, and sportsman as the late Danny Bell of Eutaw Springs for his outstanding accomplishments; and

Whereas, Danny Bell purchased Bell's Winter Park in 1963 on Lake Marion's Eutaw Creek Cove, and, through hard work and a prime location, Mr. Bell and his wife, Maureen, turned Bell's Winter Park into one of the premier fishing camps on the lake; and

Whereas, when Bell's Winter Park Tackle Shop burned to the ground in an unfortunate accident, Mr. and Mrs. Bell rebuilt with a much larger complex called Bell's Marina that included a tackle and sundry store, outboard dealership with a showroom and repair shop, waterfront clubhouse, piers and launching ramps, restaurant, motel, and expanded campsites; and

Whereas, Danny Bell attended dozens of travel and outdoor shows throughout the Midwestern and Northeastern United States promoting Bell's Marina and the Santee Cooper Lakes. He was able to attract visitors by displaying a huge aerated tank loaded with trophy largemouth bass at the shows; and

Whereas, Mr. Bell drew a variety of sportsmen and celebrity guests to the area including Johnny Cash, Roscoe P. Coltrain, and Dale Earnhardt, and he was involved in a number of outdoor theme movies with nationally known fishermen and sportsmen such as Roland Martin, Billy Westmoreland, and Frank White of Southern Sportsmen; and

Whereas, Mr. Bell's involvement in his community extended beyond his marina; he was involved in several organizations including the Swamp Fox Boat Club and the Santee Cooper Counties Promotion Commission; and

Whereas, Danny Bell sold Bell's Marina in 1991 and opened Chef's Choice Steakhouse just a few hundred yards from the fishing camp. Mrs. Bell, with the help of her older daughter Daureen, plans to continue the family steakhouse; and


Printed Page 1411 . . . . . Thursday, March 6, 2003

Whereas, it is with great honor and admiration that the members of the General Assembly request that the Department of Natural Resources name the Lake Marion boat channel, commonly known as the "Safe Channel", in honor of the late Danny Bell. 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 Natural Resources name the Lake Marion boat channel, commonly known as the "Safe Channel", running easterly from the vicinity of the Brickyard, then northerly across Lake Marion to the vicinity of Abund Island in or near the Santee National Wildlife Refuge, and then northeasterly to the vicinity of the mouth of Wyboo Creek, as the "Danny Bell Boat Channel" in honor of the late Danny Bell of Eutaw Springs, and install appropriate signs, markers, or buoys.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Natural Resources.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

H. 3082--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3082 (Word version) -- Reps. Scarborough, Simrill, Hinson, Merrill, White, Trotter, Thompson, M. A. Pitts, Barfield, Duncan, Edge and Clemmons: 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


Printed Page 1412 . . . . . Thursday, March 6, 2003

SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11301AC03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 1-23-120 of the 1976 Code, as last amended by Act 231 of 2002, is further amended to read:
/   "Section 1-23-120.   (A)(1)   All regulations except those specifically exempted under this section must be submitted to the General Assembly for review in accordance with this article, but no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110.

(2)     A regulation submitted to the General Assembly for review may not be withdrawn or modified by the agency for any reason except upon written notification by a committee that the committee by majority vote cannot approve the regulation in the form submitted, as provided for in Section 1-23-125.

(3)   A regulation proposing to amend an existing regulation, or any clearly identifiable subdivision or portion of a regulation, must contain the full text of the existing regulation. Text that is proposed to be deleted must be stricken through, and text that is proposed to be added must be underlined.

(B)   To initiate the process of review, the agency shall file with the Legislative Council for submission to the President of the Senate and the Speaker of the House of Representatives:

(1)   a copy of the regulations promulgated;

(2)   a request for review;

(3)   a brief synopsis of the regulations submitted explaining the content and any changes in existing regulations resulting from the regulations;

(4)   a copy of the final assessment report and the summary of the final report prepared by the division pursuant to Section 1-23-115. A regulation that does not require an assessment report because it does not have a substantial economic impact must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an explanation of the exemption;


Printed Page 1413 . . . . . Thursday, March 6, 2003

(5)   a copy of the fiscal impact statement prepared by the agency as required in Section 1-23-110.

(6)   a detailed statement of rationale which shall state the basis for the regulation, including the scientific or technical basis, if any, and shall identify any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the regulation.

(C)(1)   Upon receipt of the request regulation, the President and Speaker reviewing the request shall submit it refer the regulation for consideration review to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it must be given to each member of the committee. The committees to which regulations are referred have one hundred twenty days from the date regulations are submitted to the General Assembly to consider and take action on these regulations. However,

(2)   If the full committee to which a regulation is referred to a committee and takes no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting. Sine die adjournment of the General Assembly tolls the running of this sixty day period. Within sixty days after the next convening of the General Assembly, excluding special sessions called by the Governor, the regulation must be put on the agenda of the full committee .

(3) If at the full committee meeting the committee:

(a)     does not vote on the regulation, the regulation is deemed permanently withdrawn at the time of the sine die adjournment of the two year legislative session;

(b)   votes on the regulation and the committee votes against the regulation, the committee may:

(i)   introduce a joint resolution disapproving the regulation;

(ii)   take no further action, and the regulation is deemed permanently withdrawn at the time of the sine die adjournment of the two year legislative session.

(c)   votes on the regulation and the committee approves the regulation, the committee may:

(i)   introduce a joint resolution approving the regulation;


Printed Page 1414 . . . . . Thursday, March 6, 2003

(ii)   take no further action, and the regulation takes effect sixty days after the committee voted to approve the regulation if the committee in the other body, to which the regulation was referred, has not exercised it's right to take no action as provided for in item (a) or has not voted against the regulation pursuant to item (b).

(4)   If conflicting action is taken in the two bodies concerning a regulation, and no joint resolution is enacted approving or disapproving the regulation, the regulation is considered permanently withdrawn at the time of the sine die adjournment of the two year legislative session.

(5)   The full committee to which a regulation is referred shall report to the Legislative Council any action the full committee takes on a regulation, including not voting on a regulation, as provided for in item (a) of subsection (C)(3).

(6)   Any regulation approved pursuant to this subsection becomes effective upon publication in The State Register.

(D)   If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, the one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the clerk of the house in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the remainder to equal ninety days. The introduction of a joint resolution by the committee of either house does not prevent the introduction of a joint resolution by the committee of the other house to either approve or disapprove the regulations concerned. A joint resolution approving or disapproving a regulation must include:

(1)   the synopsis of the regulation as required by subsection (B);

(2)   the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B),


Printed Page 1415 . . . . . Thursday, March 6, 2003

the statement or explanation that an assessment report is not required or is exempt.

(E)   The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor. A regulation may not be filed under the emergency provisions of Section 1-23-130 if the committee to which the regulation was referred has exercised its rights pursuant to item (a) or (b) of subsection (C)(3).

(F)   Any member may introduce a joint resolution approving or disapproving a regulation thirty days following the date the regulations concerned are submitted to a standing committee for review and no committee joint resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.

(G)   General Assembly review is not required for regulations promulgated:

(1)   to maintain compliance with federal law including, but not limited to, grant programs; however, the synopsis of the regulation required to be submitted by subsection (B) must include citations to federal law, if any, mandating the promulgation of or changes in the regulation justifying this exemption;

(2)   by the state Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110;

(3)   by the South Carolina Department of Revenue to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code as defined in Section 12-6-40;

(4)   as emergency regulations under Section 1-23-130.

(H)   For purposes of this section, only those calendar days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed.

(I)   Each state agency which promulgates regulations or to which the responsibility for administering regulations has been transferred


Printed Page 1416 . . . . . Thursday, March 6, 2003

shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (G) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:

(1)   for which the agency intends to begin the process of repeal in accordance with this article;

(2)   for which the agency intends to begin the process of amendment in accordance with this article; and

(3)   which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with this article before or after it is so identified in the report to the Code Commissioner.
SECTION   2.   Section 1-23-125 of the 1976 Code, as last amended by Act 411 of 1996, is further amended to read:

"Section 1-23-125.   (A)   The legislative committee to which a regulation is submitted referred is not authorized to amend a particular regulation and then introduce a joint resolution approving the regulation as amended; however, this provision does not prevent the introduction of a resolution disapproving one or more of a group of regulations submitted to the committee and approving others submitted at the same time or deleting a clearly separable portion of a single regulation and approving the balance of the regulation in the committee resolution. An agency may not withdraw from or modify a regulation under legislative General Assembly review unless the agency receives written notification, as provided for in this section, from a committee that the committee by majority vote cannot approve the regulation in the form submitted.

(B)   If a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may:

(1)   withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Legislative Council to be transmitted to the Speaker and the Lieutenant Governor, but any regulation not resubmitted within thirty days is considered permanently withdrawn;

(2)   withdraw the regulation permanently;


Printed Page 1417 . . . . . Thursday, March 6, 2003

(3)   take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned.

(C)   The notification tolls the one-hundred-twenty-day period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the review period for automatic approval, if less than twenty days, to equal twenty days, and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to item (3), it of subsection (B), the agency shall notify the committee and the Legislative Council in writing and the remainder of the period begins to run only upon this notification.

(D)   This section, as it applies to approval, disapproval, or modification of regulations, does not apply to joint resolutions introduced by other than the committees to which regulations are initially referred by the Lieutenant Governor or the Speaker of the House of Representatives.

(E)   If a regulation, when finally promulgated, includes a substantive change in the content of the regulation as proposed and published in the State Register, and the substantive change was not raised, considered, or discussed by public comment required in Section 1-23-110, the regulation must be refiled by the agency with the Legislative Council and published as revised in the State Register and processed as a new regulation in accordance with this article."
SECTION   3.   This act takes effect upon approval by the Governor and applies to those regulations for which a drafting notice is submitted pursuant to Section 1-23-110 of the 1976 Code on or after this act's effective date./
Renumber sections to conform.
Amend title to conform.

Rep. SCARBOROUGH explained the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. SCARBOROUGH continued speaking.


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SPEAKER IN CHAIR

Rep. SCARBOROUGH continued speaking.
Rep. SCARBOROUGH spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SCARBOROUGH continued speaking.

SPEAKER IN CHAIR

Rep. SCARBOROUGH continued speaking.

MOTION ADOPTED

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

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. SCARBOROUGH having the floor.

MOTION NOTED

Rep. ALTMAN moved to reconsider the vote whereby the Veto on R. 2, S. 158 (Word version) was sustained and the motion was noted.

RATIFICATION OF ACTS

At 11:50 a.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R8, S. 310 (Word version)) -- Senator Alexander: AN ACT TO PROVIDE THAT THE BOND OF THE SUPERINTENDENT OF EDUCATION FOR OCONEE COUNTY AND THE OCONEE COUNTY SCHOOL DISTRICT SUPERINTENDENT OF EDUCATION SHALL BE A MINIMUM OF TWO HUNDRED FIFTY THOUSAND DOLLARS RATHER THAN TEN THOUSAND DOLLARS.

(R9, S. 358 (Word version)) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE TO REPLACE


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FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

(R10, S. 395 (Word version)) -- Senators Hayes, Gregory, Short and Peeler: AN ACT TO AMEND ACT 469 OF 2000, RELATING TO SCHOOL DISTRICT 1 OF YORK COUNTY, SO AS TO REVISE THE DATE ON WHICH ELECTED MEMBERS OF THE BOARD SHALL TAKE OFFICE.

(R11, H. 3344 (Word version)) -- Reps. Cato, Kirsh, Jennings, Battle, Harvin, J.E. Smith, Sheheen, Thompson, Trotter, Bingham, Chellis, Edge, Hamilton, Harrell, Harrison, Kennedy, Quinn, Richardson, Rutherford, Sandifer, Scarborough, W.D. Smith, Young, Barfield, Breeland, J. Brown, Clyburn, Cotty, Haskins, Huggins, Lourie, Merrill, Perry, Rice, Simrill, Taylor, Umphlett, Witherspoon, Bales, Lloyd, McCraw, Tripp, Walker, Limehouse, Hagood, Toole, Hinson, Loftis, Weeks, Clemmons, Owens and McLeod: AN ACT TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "BROADBAND SERVICE"; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION AND TO PROVIDE AN EXCEPTION FOR FACILITIES USED BY RURAL TELEPHONE COMPANIES FOR THE PROVISION OF BROADBAND SERVICE, TO CLARIFY THAT THIS ACT DOES NOT AFFECT THE COMMISSION'S AUTHORITY WITH RESPECT TO SERVICES OTHER THAN BROADBAND SERVICE AND DOES NOT RELIEVE AN INCUMBENT LOCAL EXCHANGE CARRIER OF ITS OBLIGATIONS UNDER FEDERAL LAW TO PROVIDE NEW LOCAL EXCHANGE CARRIERS WITH UNBUNDLED ACCESS TO NETWORK ELEMENTS OR INTERCONNECTION, TO SPECIFY INFORMATION THAT THE COMMISSION MUST COMPILE IN ORDER TO MONITOR THE STATUS OF LOCAL TELEPHONE COMPETITION IN THE STATE, AND TO PROVIDE THAT THIS ACT DOES NOT PRECLUDE THE COMMISSION FROM


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ASSESSING BROADBAND SERVICE REVENUES FOR PURPOSES OF CONTRIBUTIONS TO THE USF.

(R12, H. 3389 (Word version)) -- Reps. Lourie, Cotty, J.E. Smith, Howard, Rutherford, J.H. Neal, Bales, J. Brown, Harrison, Quinn and Scott: AN ACT TO AMEND ACT 584 OF 1986, RELATING TO THE RESTORATION OF THE CHARTERS OF SMITH TIMBER, INC., THE HARDEEVILLE BUSINESS DEVELOPMENT CORPORATION, AND THE REVOCATION OF THE CHARTER OF THE COLUMBIA JEWISH COMMUNITY CENTER, SO AS TO DELETE THE REVOCATION OF THE CHARTER OF THE COLUMBIA JEWISH COMMUNITY CENTER RETROACTIVE TO THE EFFECTIVE DATE OF THE REVOCATION.

(R13, H. 3430 (Word version)) -- Reps. Phillips, Littlejohn and McCraw: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 4, 5, AND 6, 2002, AND JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 WHEN THE SCHOOLS WERE 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.

(R14, H. 3474 (Word version)) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 8 AND 12 AND NEW VOLUMES 7A AND 12A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2003.

(R15, H. 3500 (Word version)) -- Reps. Mahaffey, Walker, Littlejohn and Sinclair: AN ACT TO AMEND ACT 1958 OF 1972, AS AMENDED, RELATING TO THE HOLLY SPRINGS RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIFTY TO FIVE HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW IN ANTICIPATION OF TAXES.


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(R16, H. 3589 (Word version)) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT NEW APPLICATIONS MAY BE ACCEPTED UNDER THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM FOR A SPECIFIED PERIOD OF TIME UNDER CERTAIN CONDITIONS.

(R17, H. 3615 (Word version)) -- Rep. Taylor: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 5, 2002, AND JANUARY 23 AND 24, 2003, BY THE STUDENTS OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOLS WERE CLOSED DUE TO 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.

(R18, H. 3633 (Word version)) -- Rep. Duncan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 23, 2003, AND JANUARY 24, 2003, BY THE STUDENTS OF ANY SCHOOL IN THE LAURENS COUNTY SCHOOL DISTRICT NUMBER FIFTY-SIX WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, ARE EXEMPT 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.

(R19, H. 3652 (Word version)) -- Reps. Rivers and Bowers: AN ACT TO ALLOW THE IMPOSITION OF THE CAPITAL PROJECTS SALES TAX IN HAMPTON COUNTY EFFECTIVE MAY 1, 2003.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3694 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO DECLARE THURSDAY, FEBRUARY 27, 2003, AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.


Printed Page 1422 . . . . . Thursday, March 6, 2003

H. 3695 (Word version) -- Reps. Huggins, Edge, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MARCH 19, 2003, AS "SOUTH CAROLINA REALTOR DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.

H. 3731 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. WADE EDISON TALBERT OF HARTSVILLE ON THEIR FIFTIETH WEDDING ANNIVERSARY MARCH 11, 2003, AND TO WISH THEM A JOYOUS CELEBRATION AND MANY MORE YEARS OF HAPPINESS TOGETHER.

H. 3732 (Word version) -- Rep. Snow: A CONCURRENT RESOLUTION CONGRATULATING EDDIE TWILLEY, LOBBYIST EXTRAORDINAIRE AND FORMER CONFIRMED BACHELOR, ON THE OCCASION OF HIS UPCOMING MARRIAGE TO BETH FONDREN, FORMER PAGE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND WISHING THEM A HAPPY LIFE TOGETHER.


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ADJOURNMENT

At 11:40 a.m. the House, in accordance with the motion of Rep. LUCAS, adjourned in memory of Donna Stanton Saleeby of Hartsville, to meet at 10:00 a.m. tomorrow.

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