Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Isaiah 1:19: "If you are willing and obedient you will eat the best from the land."
Let us pray. Remind us, O God, that every day is an opportunity for us to grow in grace and to learn again of the depths of Your consistent love. Help us to find in each chance encounter today, the evidence of love that will deepen our faith and strengthen the bond You have created with us through Your spirit. Hear our prayer, O God. Amen.

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

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

Rep. CATO moved that when the House adjourns, it adjourn in memory of Wilbur "Wil" Fred King III, stepson of Representative Leach, which was agreed to.

The House stood in silent prayer for the family of Representative Leach in the loss of his stepson Wilbur "Wil" Fred King III.

The House stood in silent prayer for President Bush, his administration, and all who wear our country's uniform.

The following was received:

March 13, 2003
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Dillon County Master-in-Equity
Term Commencing:
Term Expiring: 6 years after confirmation by the General Assembly
Seat: At-Large
Vice: New Seat

Initial Appointment
Mr. Charles E. Curry
545 Roberts Road
Dillon, South Carolina 29536

Very respectfully,
President of the Senate
Received as information.

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

H. 3204 (Word version) -- Reps. Lucas and Freeman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES THE LYNCHES RIVER ALONG UNITED STATES HIGHWAY 1 IN HONOR OF JUDGE CHARLES H. "CORKEY" PATE AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "CHARLES H. 'CORKEY' PATE BRIDGE".
Ordered for consideration tomorrow.

The following was introduced:

H. 3795 (Word version) -- Rep. Emory: A HOUSE RESOLUTION TO CONGRATULATE THE INDIAN LAND HIGH SCHOOL LADY WARRIORS SOFTBALL TEAM ON WINNING THEIR FIFTH CLASS A STATE CHAMPIONSHIP TITLE IN THE LAST SEVEN YEARS AND COMMEND THE HARD WORK AND

The Resolution was adopted.

The following was introduced:

H. 3796 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DORMAN HIGH SCHOOL CAVALIERS OF SPARTANBURG AND THEIR COACH, JOY COUCH, ON WINNING THE 2003 CLASS AAAA GIRLS' BASKETBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

The Resolution was adopted.

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

H. 3797 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE DORMAN HIGH SCHOOL CAVALIERS GIRLS' BASKETBALL TEAM OF SPARTANBURG AND THE TEAM'S COACH, JOY COUCH, ON APRIL 9, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR COLLABORATIVE EFFORTS AND HARD WORK IN CAPTURING THE 2003 CLASS AAAA GIRLS' BASKETBALL STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the Dorman High School Cavaliers Girls' Basketball Team of Spartanburg and the team's coach, Joy Couch, on

The Resolution was adopted.

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

H. 3798 (Word version) -- Reps. McGee, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, 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, 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 AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 6, 2003.

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

That Palmetto Boys State is authorized to use the chambers of the House of Representatives and Senate on Friday, June 6, 2003, from 11:00 a.m. to 12:30 p.m. for its annual legislative activity. If either house is in statewide session, the chamber of that house may not be used.

Be it further resolved that no charges may be made for the use of the House and Senate chambers by Palmetto Boys State on this date.

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

The following was introduced:

H. 3799 (Word version) -- Reps. Lourie, Bales, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Quinn, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS, FACULTY, AND STAFF OF E. L. WRIGHT MIDDLE SCHOOL IN COLUMBIA FOR BEING NAMED CAROLINA FIRST PALMETTO'S FINEST FOR BEING THE PREMIER MIDDLE SCHOOL IN THE STATE, AND TO COMMEND PRINCIPAL MICHAELE LEMROW FOR THE LEADERSHIP AND DIRECTION SHE HAS PROVIDED TO THE SCHOOL.

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

The following was introduced:

H. 3800 (Word version) -- Reps. Harvin, Weeks, G. M. Smith, Coates and G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON LEARNING OF THE DEATH OF MRS. OLIVIA WILLIAMS OF SUMTER, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

The following was introduced:

H. 3801 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JESSIE RINE DAVIS BRIGHT OF COLLETON COUNTY ON THE OCCASION OF HER EIGHTIETH BIRTHDAY ON WEDNESDAY, MARCH 5, 2003, AND WISHING FOR HER CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.

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

The following was introduced:

H. 3802 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ALONG COUNTRY CLUB DRIVE IN THE COUNTY OF DILLON FOR THE HONORABLE WILLIAM BLEDSOE HAWKINS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "WILLIAM BLEDSOE HAWKINS BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was taken up for immediate consideration:

S. 484 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 26, 2003, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 26, 2003, AT WHICH TIME THE STATE EASTER SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Whereas, under the statewide leadership of Ellis Jackson, Chairman of the Easter Seals South Carolina Board of Directors, ably assisted by Lt. Jerry Waldrop, President of the South Carolina Law Enforcement Officers Association, Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers Association, Thomas L. Sponseller, Executive Director of the South Carolina Restaurant Association, and David Miller, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and assist them in creating solutions for their challenges; and

Whereas, the "B.A.C." buttons go on sale Wednesday, March 26, 2003; and

Whereas, the "B.A.C." project and all other programs of the Easter Seals South Carolina deserve the support, merit, and praise of all citizens of the State. Now, therefore,

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

That Wednesday, March 26, 2003, is designated "Creating Solutions for Disabilities Day" in South Carolina and that representatives of Easter Seals South Carolina, the South Carolina Law Enforcement Officers' Association, and the South Carolina Restaurant Association, all representing Hunter Powell, son of Jill and Scott Powell of Mt. Pleasant, Spencer Kelly, son of Dawn and Chuck Kelly of Darlington, Whitney Cranford, daughter of Kim and Brenda Cranford of Hartsville, Brandon Stone, son of Jean Gleaton of Williamston, Crockett Buchanan, son of Sherry Buchanan of Spartanburg, and McKenzie Kittrell, daughter of Gwen and Alan Kittrell of Columbia; all who have been chosen to serve as the 2003 Easter Seals South Carolina State Representatives, be presented to the General Assembly in Joint Session of the General Assembly in the Hall of the House of Representatives at 11:30 a.m. on Wednesday, March 26, 2003.

Be it further resolved that a copy of this resolution be forwarded to the President and Chief Executive Officer of Easter Seals South Carolina for distribution to the state chairmen of the various phases of the Easter Seals South Carolina's campaign and the "B.A.C." project, as well as to the Easter Seals South Carolina Representatives themselves.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The following was taken up for immediate consideration:

S. 485 (Word version) -- Senators Hayes, Short, Gregory and Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE TUESDAY, APRIL 1, 2003, AS "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty-five percent during the past ten years to a current total of one hundred seventy thousand and is expected to grow by another twenty-eight thousand by the year 2015; and

Whereas, York County's total estimated assessed property valuation for 2002 exceeded three hundred fifty million dollars; and

Whereas, a total of sixty-four companies, some nationally known, announced plans to locate or expand in York County in 2002, providing a capital investment of over seventy-two million dollars; and

Whereas, York County recognizes the importance of transportation planning as it relates to economic development and qualify of life concerns, as has been demonstrated by the adoption of a one cent sales tax that will generate ninety-nine million dollars for road improvements, the county's successful Infrastructure Bank Board application that resulted in one hundred thirty million dollars for a

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

That the members of the General Assembly, by this resolution, recognize York County for its many accomplishments and declare Tuesday, April 1, 2003, as "York County Day".

Be it further resolved that a copy of this resolution be forwarded to each of the four chambers of commerce that make up the Council of Chambers of York County: the Clover Chamber of Commerce, the Greater York Chamber of Commerce, the Lake Wylie Chamber of Commerce, and the York County Regional Chamber of Commerce.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

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

H. 3803 (Word version) -- Reps. Herbkersman, Ceips, Gilham and Lloyd: A BILL TO AMEND SECTION 6-1-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE IMPOSITION OF A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY, SO AS TO AUTHORIZE A MUNICIPALITY TO IMPOSE THE TAX OR FEE IF ANOTHER MUNICIPALITY LOCATED IN THE SAME COUNTY WAS IMPOSING THE FEE BEFORE JANUARY 1, 1991, BY PETITION AND APPROVAL OF THE LEGISLATIVE DELEGATION OF THAT COUNTY.
On motion of Rep. HERBKERSMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3804 (Word version) -- Reps. Whipper, Bales, Breeland, G. Brown, Littlejohn, Lloyd and Rivers: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

H. 3805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO DELETE A SENTENCE PROVIDING THAT THE DEFINITIONS USED IN THE FEDERAL PERKINS LOAN PROGRAM SERVE AS THE BASIS FOR DEFINING "CRITICAL GEOGRAPHIC AREA", AND TO MAKE OTHER NONSUBSTANTIVE CHANGES.
Referred to Committee on Education and Public Works

H. 3806 (Word version) -- Reps. Neilson, Lucas and J. Hines: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE DARLINGTON COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
On motion of Rep. LUCAS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3807 (Word version) -- Reps. Neilson, Bales, Freeman, J. Hines, Leach, Littlejohn, Lucas and Stille: A BILL TO REPEAL SECTION 56-5-2590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING CERTAIN MUNICIPALITIES FROM REQUIRING A PERSON TO PAY A FEE OR PLACE A TIME LIMIT FOR PARKING AT SPECIFIC LOCATIONS ADJACENT TO PROPERTY OWNED BY THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED.
Referred to Committee on Judiciary

H. 3809 (Word version) -- Reps. Delleney, Coleman and McCraw: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE SCHOOL DISTRICT OF CHESTER COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE COUNTY BOARD OF TRUSTEES.
On motion of Rep. DELLENEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3810 (Word version) -- Rep. Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-5-118 SO AS TO PROVIDE FOR THE JOINDER OF CLAIMS BY CREDITORS AGAINST A DEBTOR, TO PROVIDE FOR A SEPARATE ACTION IN CONNECTION WITH A DISPUTED CLAIM, TO PROVIDE FOR THE JOINDER OF CLAIMS BY A COLLECTION AGENCY ON BEHALF OF MORE THAN ONE CREDITOR AGAINST A DEBTOR, TO DEFINE "COLLECTION AGENCY", TO PROVIDE CRITERIA FOR AN EFFECTIVE ASSIGNMENT OF A CLAIM, TO REQUIRE THE CLAIM BE PURSUED BY AN ATTORNEY LICENSED IN THIS STATE IN

S. 414 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRELICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.
Referred to Committee on Education and Public Works

S. 470 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2757, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 471 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 472 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF NEED FOR HEALTH FACILITIES AND SERVICES, DESIGNATED AS REGULATION DOCUMENT

S. 473 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NEONATAL SCREENING FOR INBORN METABOLIC ERRORS AND HEMOGLOBINOPATHIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

The following was introduced:

H. 3811 (Word version) -- Reps. Govan, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks, Whipper, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, G. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Huggins, Jennings, Keegan, Kirsh, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Sandifer, Scarborough, Sheheen, Simrill, Sinclair, Skelton, D. C. 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, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE STEPHANIE TUBBS JONES, MEMBER OF THE UNITED STATES CONGRESS REPRESENTING OHIO'S ELEVENTH

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

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Govan
Hagood                 Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kennedy
Kirsh                  Koon                   Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson

E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Scott
Sheheen                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            Young

I came in after the roll call and was present for the Session on Tuesday, March 18.

Todd Rutherford                   Olin Phillips
Joseph Neal                       Gary Simrill

The SPEAKER granted Rep. RICHARDSON a leave of absence due to illness.

The SPEAKER granted Rep. LEACH a leave of absence due to a death in the family.

The SPEAKER granted Rep. MERRILL a leave of absence due to illness.

Announcement was made that Dr. William Simpson of Charleston is the Doctor of the Day for the General Assembly.

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."

Bill Number:   H. 3616 (Word version)
Date:   ADD:
03/18/03   EDGE

Bill Number:   H. 3616 (Word version)
Date:   ADD:
03/18/03   CLEMMONS

Bill Number:   H. 3426 (Word version)
Date:   ADD:
03/18/03   BINGHAM

Bill Number:   H. 3426 (Word version)
Date:   ADD:
03/18/03   TOOLE

Bill Number:   H. 3442 (Word version)
Date:   ADD:
03/18/03   RUTHERFORD

Bill Number:   H. 3228 (Word version)
Date:   ADD:
03/18/03   RUTHERFORD

Bill Number:   H. 3714 (Word version)
Date:   ADD:
03/18/03   LOURIE

The following Bill was taken up:

Rep. COBB-HUNTER spoke against the Bill.
Rep. MCGEE spoke in favor of the Bill.

The question then recurred to the passage of the Bill on third reading.

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

Those who voted in the affirmative are:

Altman                 Bales                  Battle
Bingham                J. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Limehouse

Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Neilson                Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Sandifer               Scarborough            Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Allen                  Anthony                Bailey
Barfield               Bowers                 Branham
Breeland               R. Brown               Clyburn
Cobb-Hunter            Coleman                Davenport
Emory                  Freeman                Gourdine
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
J. M. Neal             Ott                    Parks
Phillips               Rice                   Rivers
Rutherford             Scott                  Sheheen
F. N. Smith            J. E. Smith            Snow
Stille                 Walker                 Weeks
Whipper

So, the Bill was read the third time and ordered sent to the Senate.

I was temporarily out of the Chamber when the vote was taken on H. 3749. I would have voted no.

Rep. J. H. Neal

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

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.

S. 454 (Word version) -- Senators Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.

H. 3794 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

Rep. STILLE explained the Bill.

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

Rep. MARTIN explained the Bill.

H. 3764 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2757, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MACK explained the Joint Resolution.

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.

Reps. MCLEOD, J. E. SMITH, WEEKS, COTTY, OTT, LOURIE, EMORY, KENNEDY, PARKS, LLOYD, WITHERSPOON, BOWERS, RIVERS, MOODY-LAWRENCE, COBB-HUNTER, SNOW, ANTHONY, FREEMAN, R. BROWN, MACK, JENNINGS,

The following Bill was taken up:

H. 3128 (Word version) -- Reps. Lourie, J. Brown, Clark, Cotty, J. H. Neal, Harrison, Govan, Gilham, Martin, Stille, Sinclair, J. E. Smith and W. D. Smith: A BILL TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF 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.

Reps. LOURIE, STILLE, MARTIN, MCLEOD, J. E. SMITH, DUNCAN, WEEKS, SCOTT, J. BROWN, LLOYD, WALKER, HINSON, GILHAM, BREELAND, MACK, R. BROWN, SCARBOROUGH, ALTMAN, SKELTON, GOVAN, WITHERSPOON, EMORY, J. H. NEAL and HOSEY requested debate on the Bill.

The following Bill was taken up:

H. 3418 (Word version) -- Reps. Townsend and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY AND A CERTIFICATE OF OCCUPANCY OBTAINED FROM THE

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20300SD03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Chapter 23 of Title 59 of the 1976 Code is amended by adding:

Section 59-23-210.   All construction, improvement, and renovation of public school buildings and property on or after the effective date of this section shall comply with the latest applicable standards and specifications set forth in the South Carolina School Facilities Planning and Construction Guide as published by the South Carolina Department of Education.

This guide must be reviewed and updated on an annual basis by a committee appointed by the South Carolina Department of Education. The committee shall consist of a minimum of two architects and one engineer who are all registered in South Carolina and experienced in K-12 design, one K-12 school administrator, one representative of the K-12 construction industry, the State Fire Marshal or his designee, and two representatives of the South Carolina Department of Education. In addition, the Chairman of the House of Representatives Education and Public Works Committee or his designee and the Chairman of the Senate Education Committee or his designee shall also serve as members of the committee, ex officio.

Section 59-23-220.   All construction, improvements, and renovation of public school buildings and property must be inspected by the State Superintendent of Education or the superintendent's designee for compliance with the applicable codes and standards.

A certificate of occupancy must be obtained from the State Superintendent of Education or the superintendent's designee before a building may be occupied.

Section 59-23-230.   (A)   Notwithstanding any other provision of law, the State Superintendent of Education is authorized to grant a waiver from applicable school building regulations relating to minimum lot size requirements or building square foot requirements

(B)   The authority granted the State Superintendent of Education under this section is superior to and supersedes provisions of applicable state school building regulations and the authority of a local building official or entity to disapprove the variances granted by the waiver."
SECTION   2.   Article 1, Chapter 23, Title 59 of the 1976 Code is repealed.
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

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

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

H. 3812 (Word version) -- Reps. M. A. Pitts and Duncan: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENT OF NATURAL RESOURCES OFFICIAL SUMMONS, SO AS TO REVISE THE SECTION AND PROVIDE THAT THE DEPARTMENT'S SUMMONS MAY BE USED IN CASES OF TRANSPORTING UNCOVERED LOADS ON THE HIGHWAYS, DESTRUCTION OF SEA OATS OR VENUS FLYTRAPS, DESTRUCTION OF MARSH, INHUMANE TREATMENT OF ANIMALS, AND DRIVING UNDER THE INFLUENCE; AND TO AMEND SECTION 50-9-920, AS AMENDED, RELATING TO REVENUE FROM THE SALE OF LIFETIME LICENSES, SO AS TO PROVIDE THAT THE REVENUE FROM CERTAIN OFFENSES INVESTIGATED OR

H. 3813 (Word version) -- Reps. M. A. Pitts, Duncan, Mahaffey and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-415 SO AS TO PROVIDE THAT AN AGENCY ENFORCING NATURAL RESOURCES, GAME, FISH, OR BOATING LAWS MUST REPORT CRIMINAL CHARGES MADE AND THEIR DISPOSITION TO THE DEPARTMENT OF NATURAL RESOURCES, AND FURTHER PROVIDE FOR USE OF THE REPORTS BY THE DEPARTMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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

H. 3814 (Word version) -- Reps. W. D. Smith, Delleney, F. N. Smith, Wilkins, Witherspoon, Townsend, Richardson, M. Hines, Leach, Harrison, Cato, J. Brown, Vaughn, Chellis and Harrell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM

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

That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 9, 2003, at 12:00 p.m. to elect a successor to the Honorable Kaye G. Hearn, Chief Judge of the Court of Appeals, Seat 5, whose term expires June 30, 2003; to elect a successor to the Honorable Jasper M. Cureton, Judge of the Court of Appeals, Seat 6, whose term expires June 30, 2003; to elect a successor to the Honorable G. Thomas Cooper, Jr., Judge of the Circuit Court for the Fifth Judicial Circuit, Seat 3, whose term expires June 30, 2003; to elect a successor to the Honorable Larry R. Patterson, Judge of the Circuit Court for the Thirteenth Judicial Circuit, Seat 3, whose term expires June 30, 2003;

Be it further resolved that all nominations for judicial offices must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.

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

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

H. 3815 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE PRESIDENT OF THE UNITED STATES OF AMERICA, THE MEMBERS OF HIS CABINET, AND THE BRAVE MEN AND WOMEN SERVING IN THE ARMED FORCES OF THE UNITED STATES IN THE WAR TO REMOVE SADDAM HUSSEIN, FREE THE PEOPLE OF IRAQ FROM THE CRUEL OPPRESSION OF A RUTHLESS DICTATOR, AND DISARM IRAQ OF WEAPONS OF MASS DESTRUCTION THAT THREATEN THE PEACE AND STABILITY OF THE ENTIRE WORLD.

Whereas, after the horrific events of September 11, 2001, President George W. Bush exhibited tremendous insight into the nature of the attack upon America and displayed outstanding leadership as he rallied the nation and world leaders in the war against international terrorism; and

Whereas, as part of the ongoing war against international terrorism, President Bush and the members of his cabinet observed the hostile acts and hostile intent of Saddam Hussein toward Iraq's neighbors and the United States, and wisely concluded that disarming Iraq and Saddam Hussein of weapons of mass destruction is absolutely necessary in order to stabilize the Middle East and protect the world from biological, chemical, and nuclear blackmail at the hands of a ruthless dictator; and

Whereas, despite exhaustive diplomacy and an appeal to the Security Council of the United Nations, all efforts to persuade Saddam Hussein and Iraq to disarm peacefully have fallen on deaf ears; and

Whereas, in truth and in fact, there has been no failure of diplomacy on the part of President Bush, Secretary of State Colin Powell, or the United States in connection with the crisis in Iraq. Rather, there has been self-serving manipulation of the Security Council of the United Nations by ungrateful and irresponsible members of the international community, France under Jacques Chirac and Germany under Gerhard

Whereas, faced with the betrayal of France and Germany, and the failure or refusal of the Security Council of the United Nations to deal with the reality of the existence of Saddam Hussein's weapons of mass destruction, President Bush has steadfastly kept the policies of the United States and the resolve of the American people focused on the reality of the existence of weapons of mass destruction in Iraq and the threat those weapons pose to freedom, peace, and the security of this nation while in the hands of Saddam Hussein; and

Whereas, faced with the betrayal of allies and the failure of the Security Council to do its duty in the current crisis, the President of the United States has issued an ultimatum to Saddam Hussein to leave Iraq within "forty-eight hours" or face removal by force of arms at the hands of a coalition of nations willing to do what has to be done to remove Saddam Hussein and disarm Iraq of weapons of mass destruction; and

Whereas, the United States of America is about to enter into and engage in a just and necessary war. Of the brave men and women serving in the Armed Forces of the United States, approximately three hundred thousand soldiers, sailors, airmen, and marines are poised in the Middle East ready to go into harms way, and to give their lives if need be, in order to remove the evil dictator Saddam Hussein, disarm Iraq of weapons of mass destruction, end Iraqi sponsorship of international terrorism, and free the Iraqi people of the cruel oppression of a ruthless dictator; and

Whereas, on the eve of this just and necessary war, it is fitting that the members of the South Carolina General Assembly take this opportunity to express their heartfelt support for the President of the United States, George W. Bush, the members of his cabinet, and the brave men and women serving in the Armed Forces of the United States, and wish them Godspeed in what they are about to do. Now, therefore,

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

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

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

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

The Senate returned to the House with concurrence the following:

H. 3775 (Word version) -- Reps. M. Hines, Jennings, Lee, Hayes, Scott, Anthony, Lucas, Delleney, G. M. Smith, Weeks, Gourdine, J. M. Neal, McLeod, W. D. Smith, Bales, Barfield, Battle, Branham, Breeland, G. Brown, J. Brown, R. Brown, Clark, Coates, Cobb-Hunter, Emory, Freeman, Gilham, Hamilton, Leach, Lloyd, Mack, McGee, Miller, Moody-Lawrence, Parks, Snow and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE AFRICAN AMERICAN WOMEN OF SOUTH CAROLINA AND TO RECOGNIZE THE IMPORTANT INFLUENCES OF THESE WOMEN IN THE EVERYDAY LIVES OF ALL CITIZENS OF THIS STATE AND COUNTRY BY NAMING MARCH 20, 2003, "NOTABLE AFRICAN AMERICAN WOMEN'S DAY" AS A PART OF THE OBSERVANCE OF WOMEN'S HISTORY MONTH.

At 1:20 p.m. the House, in accordance with the motion of Rep. CATO, adjourned in memory of Wilbur "Wil" Fred King III, stepson of Representative Leach, to meet at 10:00 a.m. tomorrow.

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