South Carolina House Journal - March 19, 2003 - South Carolina Legislature Online

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

Printed Page 1708 . . . . . Wednesday, March 19, 2003

Wednesday, March 19, 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 today is from Ecclesiastes 3:1 and 3:6: "For everything there is a season, a time to keep and a time to throw away."
Let us pray. Gracious God, make us wise users of the time You have given us. Give wisdom and courage to our President and his staff to make good decisions. Be with our men and women in the Armed Forces. Protect them as they go into harms way. For those at home, let them know of Your presence. Provide us the insight to accomplish the work You assign us. Put into our hearts the desire to do the right thing for Your people. Forgive us when we make mistakes and give us a sense of love and compassion. Hear us, merciful Lord. Amen.

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

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

MOTION ADOPTED

Rep. HOWARD moved that when the House adjourns, it adjourn in memory of Mrs. Essie Ford, which was agreed to.

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. J. R. SMITH moved that when the House adjourns it adjourn to meet at 9:30 a.m. tomorrow, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3768 (Word version) -- Reps. Rice, Clemmons and Edge: A BILL TO ENACT THE "SOUTH CAROLINA HEALTH AND HUMAN SERVICES REORGANIZATION AND ACCOUNTABILITY ACT OF 2003"; TO

Printed Page 1709 . . . . . Wednesday, March 19, 2003

AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE OFFICE OF CHILDREN'S SERVICES WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO TRANSFER TO THIS OFFICE THE CHILDREN'S CASE RESOLUTION SYSTEM, CERTAIN SECTIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, CERTAIN SECTIONS OF THE DEPARTMENT OF SOCIAL SERVICES RESPONSIBLE FOR LICENSING AND MONITORING OUT-OF-HOME PLACEMENTS FOR CHILDREN, AND CERTAIN SECTIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESPONSIBLE FOR LICENSING RESIDENTIAL TREATMENT FACILITIES AND OTHER OUT-OF-HOME PLACEMENT; TO ESTABLISH THE OFFICE OF ALCOHOL AND OTHER DRUG ABUSE SERVICES WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO TRANSFER TO THIS OFFICE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, INPATIENT ALCOHOL AND DRUG SERVICES FROM THE DEPARTMENT OF MENTAL HEALTH, AND CERTAIN ALCOHOL AND DRUG TREATMENT FACILITIES OPERATED BY THE STATE AGENCY OF VOCATIONAL REHABILITATION UPON APPROVAL OF A PLAN; TO TRANSFER THOSE SECTIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN RESPONSIBLE FOR CLIENT AND FAMILY SERVICES TO THE DEPARTMENT OF MENTAL HEALTH; TO TRANSFER THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO THE STATE AGENCY OF VOCATIONAL REHABILITATION; TO ABOLISH THE BOARD OF THE COMMISSION FOR THE BLIND AND TO TRANSFER ITS DUTIES TO THE STATE AGENCY FOR VOCATIONAL REHABILITATION; TO ABOLISH THE SOUTH CAROLINA MENTAL HEALTH COMMISSION AND TO TRANSFER ITS DUTIES TO THE DEPARTMENT OF MENTAL HEALTH; AND TO PROVIDE TRANSFER AND TRANSITION PROVISIONS; TO ADD ARTICLE 5 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR HEALTH AND HUMAN SERVICES AGENCIES AND TO PROVIDE FOR ITS POWERS AND DUTIES, INCLUDING THE MANAGEMENT AND ADMINISTRATION FOR ALL INFORMATION TECHNOLOGIES ASSOCIATED WITH

Printed Page 1710 . . . . . Wednesday, March 19, 2003

THESE AGENCIES AND THE APPROVAL OF INFORMATION TECHNOLOGIES EXPENDITURES; TO ADD CHAPTER 64 TO TITLE 2 SO AS TO ESTABLISH THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE AND TO PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, DUTIES, AND RESPONSIBILITIES INCLUDING, AMONG OTHER THINGS, TO APPROVE REORGANIZATION PLANS AND TO REVIEW THE STATE MEDICAID PLAN; TO ADD ARTICLE 8 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE STATE OFFICE OF MEDICAID AND HEALTH CARE AUDITS FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE THAT THE AUDIT DIRECTOR MUST BE APPOINTED BY AND UNDER THE DIRECTION OF THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE, AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE AUDIT DIRECTOR, INCLUDING CONDUCTING AUDITS, PREVENTING WASTE, AND PROMOTING ACCOUNTABILITY; TO ADD SECTION 12-2-100 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO PROVIDE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELECTRONIC ACCESS TO TAXPAYER INFORMATION TO USE IN DETERMINING MEDICAID ELIGIBILITY; TO ADD SECTION 44-6-105 SO AS TO REQUIRE THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE TO REVIEW CHANGES TO MEDICAID ELIGIBILITY REQUIREMENTS; TO ADD SECTION 44-6-108 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE ON MEDICAID BENEFICIARIES NOT MAKING REQUIRED PAYMENTS; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO PROVIDE NAMES AND IDENTIFYING INFORMATION ON THEIR INSUREDS TO BE USED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN DETERMINING MEDICAID ELIGIBILITY; TO ADD SECTION 44-6-75 SO AS TO PROVIDE FOR A MEDICAID COST CONTAINMENT ACTION PLAN FOR THE PROJECTED EXPENDITURES FOR THE STATE MEDICAID PROGRAM FOR THE NEXT FISCAL YEAR AND TO PROVIDE FOR THE CONTENTS OF THE PLAN AND FOR ALTERNATIVE MEASURES WHEN REVENUE IS NOT SUFFICIENT TO

Printed Page 1711 . . . . . Wednesday, March 19, 2003

ADEQUATELY FUND THE MEDICAID PROGRAM; TO ADD SECTION 44-6-120 SO AS TO ESTABLISH THE SOUTH CAROLINA MEDICAID MANDATORY MANAGED CARE PILOT PROGRAM TO BE IMPLEMENTED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN CHARLESTON, FLORENCE, GREENVILLE, HORRY, AND RICHLAND COUNTIES, AND IN ONE RURAL COUNTY TO BE DESIGNATED BY THE DEPARTMENT, FOR FIVE YEARS TO ENROLL MEDICAID RECIPIENTS IN A HEALTH MAINTENANCE ORGANIZATION OR WITH PRIMARY CARE CASE MANAGEMENT PROVIDERS AND TO INCLUDE PROVISIONS TO ENSURE COMPETITION, ACCOUNTABILITY, AND ACTUARIAL SOUNDNESS; TO ADD SECTION 44-6-125 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO IMPLEMENT A PILOT PROJECT TO EVALUATE THE VIABILITY OF PRIVATIZING THE MEDICAID ELIGIBILITY PROCESS; TO ESTABLISH THE TASK FORCE ON EMERGENCY ROOM DIVERSION TO STUDY INAPPROPRIATE EMERGENCY ROOM USE AND TO MAKE RECOMMENDATIONS TO REDUCE SUCH USE; TO ADD SECTION 44-7-75 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CONTRACT FOR THE MANAGEMENT AND OPERATION OF CERTAIN NURSING HOMES FORMERLY UNDER THE DEPARTMENT OF MENTAL HEALTH; TO ADD SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.1 CENTS PER CIGARETTE, TO CREDIT THIS TAX TO THE MEDICAID SERVICES FUND, TO PROVIDE FOR THE USE OF THESE FUNDS, AND TO FURTHER PROVIDE THAT FIFTY PERCENT OF THESE FUNDS MUST BE USED TO OFFSET REDUCTIONS IN OTHER STATE-IMPOSED TAXES AND FEES INCLUDING, BUT NOT LIMITED TO, OFFSETTING REDUCTIONS IN STATE INDIVIDUAL INCOME TAXES; TO REQUIRE THE DIRECTOR OF THE LEGISLATIVE AUDIT COUNCIL TO EMPLOY AUDITORS NECESSARY TO PERFORM AUDITS ON DEPARTMENTS AFFECTED IN THIS ACT; AND TO ADD SUBARTICLES 2, 3, AND 4 TO ARTICLE 5, CHAPTER 21, TITLE 12 SO AS TO PROVIDE FOR TAX STAMPS ON CIGARETTE PACKAGES AS INDICIA OF TAX PAYMENT, TO PROVIDE FOR ADMINISTRATIVE FINES AND FORFEITURE OF CIGARETTES FOR DEFRAUDING THE STATE OR OTHERWISE

Printed Page 1712 . . . . . Wednesday, March 19, 2003

FAILING TO COMPLY WITH THE SUBARTICLE, AND TO PROVIDE FOR CRIMINAL PENALTIES INCLUDING FINES, IMPRISONMENT, LICENSE REVOCATION, AND FORFEITURE FOR DEALING IN COUNTERFEIT CIGARETTES; TO PROVIDE PROCEDURES TO PREVENT VIOLATIONS AND ASSIST ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT AND ADD SAFEGUARDS TO THE COMPLIANCE WITH THE MASTER SETTLEMENT AGREEMENT, INCLUDING CERTIFIED REPORTING REQUIREMENTS FOR PARTICIPATING AND NONPARTICIPATING MANUFACTURERS, PRODUCTION OF A WEBSITE FOR PUBLIC ACCESS TO NAMES AND BRAND FAMILIES OF MANUFACTURERS MEETING THE CERTIFICATION CRITERIA, PROHIBITION OF THE APPLICATION OF TAX STAMPS TO A PRODUCT WHOSE BRAND FAMILY DOES NOT APPEAR ON THE LIST, REQUIREMENT OF SALES REPORTS BY BRAND FAMILY, PROVISION OF LICENSE REVOCATION, FINES, INJUNCTIVE RELIEF, AND FORFEITURE FOR NONCOMPLIANCE, AND MAKING NONCOMPLIANCE AN UNFAIR AND DECEPTIVE TRADE PRACTICE; TO REGULATE THE DELIVERY SALES OF CIGARETTES BY PROVIDING AGE VERIFICATION, DISCLOSURE, SHIPPING, REGISTRATION, REPORTING, AND TAX COLLECTION REQUIREMENTS IN CONNECTION WITH A CIGARETTE SALE TO A CONSUMER AS THE RESULT OF A TELECOMMUNICATED ORDER OR DELIVERY BY THE MAILS OR OTHER DELIVERY SERVICE, AND TO PROVIDE FOR FINES AND INJUNCTIVE RELIEF FOR NONCOMPLIANCE; TO AMEND SECTION 12-21-2975, RELATING TO CONFISCATED PRODUCTS DONATED TO THE DEPARTMENT OF MENTAL HEALTH FOR PATIENT USE, SO AS TO DELETE CIGARETTES; TO DESIGNATE SECTIONS 1-30-10 THROUGH 1-30-120 AS ARTICLE 1, CHAPTER 30, TITLE 1 ENTITLED "DEPARTMENTS OF STATE GOVERNMENT" AND TO DESIGNATE SECTIONS 12-21-610 THROUGH 12-21-810 AS SUBARTICLE 1, ARTICLE 5, CHAPTER 21, TITLE 12; AND TO REPEAL SECTION 12-21-2870, RELATING TO CONFISCATION AND SALE OF UNSTAMPED CIGARETTES, AND SECTION 44-9-30, RELATING TO THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.
Ordered for consideration tomorrow.

Printed Page 1713 . . . . . Wednesday, March 19, 2003

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 340 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 9 SO AS TO PROVIDE THE REMEDIES AVAILABLE IN A DISPUTE OR CONTROVERSY BETWEEN THE SOUTH CAROLINA RETIREMENT SYSTEMS AND A MEMBER OR DESIGNATED BENEFICIARY OF A MEMBER OF ANY OF THE RETIREMENT SYSTEMS ESTABLISHED IN TITLE 9.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3306 (Word version) -- Reps. Chellis, Young, Altman, Barfield, Cato, Harrell, Harrison, Limehouse, Scarborough, J. E. Smith, Townsend and Bailey:

Printed Page 1714 . . . . . Wednesday, March 19, 2003

A BILL TO AMEND SECTION 12-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE LICENSE TAX, SO AS TO ALLOW A HOLDING COMPANY TO REDUCE ITS PAID-IN CAPITAL SURPLUS BY THE PORTION OF CONTRIBUTIONS TO ITS CAPITAL RECEIVED FROM ITS PARENT CORPORATION THAT IS DIRECTLY OR INDIRECTLY USED TO FINANCE A SUBSIDIARY'S EXPANSION COSTING IN EXCESS OF ONE HUNDRED MILLION DOLLARS, WHICH ON THE DATE CONSTRUCTION BEGAN IS LOCATED IN AN ECONOMIC IMPACT ZONE.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 149 (Word version) -- Senator Moore: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN JOHNSTON, SOUTH CAROLINA, TO THE TOWN OF JOHNSTON.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 294 (Word version) -- Senators Land, Leventis and Malloy: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE JULY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BISHOPVILLE, SOUTH CAROLINA, TO LEE COUNTY AND THE CITY OF BISHOPVILLE.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3218 (Word version) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH

Printed Page 1715 . . . . . Wednesday, March 19, 2003

CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3614 (Word version) -- Reps. Limehouse, Allen, Altman, Branham, Breeland, Ceips, Coates, Duncan, Frye, Hamilton, Hayes, Hosey, Koon, McCraw, Merrill, Miller, Phillips, M. A. Pitts, Richardson, Rivers, Scarborough, F. N. Smith, J. R. Smith, Snow, Tripp and Viers: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A DEDUCTION OF REWARD MONEY PAID TO A RESIDENT INDIVIDUAL TAXPAYER FOR INFORMATION PROVIDED BY THE TAXPAYER DIRECTLY LEADING TO THE REMOVAL AS A THREAT OF AN INTERNATIONAL TERRORIST AND TO PROVIDE THAT REWARD MONEY DOES NOT INCLUDE THE REGULAR PAY AND ALLOWANCES OF LAW ENFORCEMENT OFFICERS AND MEMBERS OF THE ARMED FORCES OF THE UNITED STATES.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 71 (Word version) -- Senators Moore, Elliott, Hayes, Grooms, Ravenel, Reese, Courson, Setzler, Rankin, Leatherman, Ryberg, Knotts, Alexander, Anderson, Branton, Drummond, Fair, Ford, Giese, Glover, Gregory, Hawkins, Holland, Hutto, Jackson, Kuhn, Land, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Richardson, Ritchie, Short, J. V. Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 12-39-360 TO PERMIT A COUNTY TO EXTEND THE DATE FOR FILING RETURNS AND PAYMENT OF PROPERTY TAXES FOR UNITED STATES ARMED FORCES OR

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NATIONAL GUARD PERSONNEL SERVING IN OR NEAR A HAZARD DUTY ZONE.
Ordered for consideration tomorrow.

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

H. 3592 (Word version) -- Reps. Delleney and Lucas: A BILL TO AMEND SECTION 62-7-403, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATION OF RECEIPTS AND DISBURSEMENTS BETWEEN PRINCIPAL AND INCOME FOR PURPOSES OF A TRUST OR ESTATE, SO AS TO EXPAND THE SCOPE OF THE SECTION BY MAKING A CHANGE IN A CROSS-REFERENCE.
Ordered for consideration tomorrow.

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

H. 3408 (Word version) -- Reps. Clemmons, Duncan, Anthony, Bailey, Branham, Ceips, Clark, Hagood, Herbkersman, Mahaffey, Owens, Pinson, E. H. Pitts, M. A. Pitts, Skelton, Stewart, Toole, Umphlett, Viers and Whitmire: A BILL TO AMEND SECTIONS 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO DEFINITIONS CONCERNING LOBBYISTS AND LOBBYING AND CAMPAIGN PRACTICES, BOTH SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A CAUCUS BASED ON DURATION OF SERVICE IN THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.

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

H. 3442 (Word version) -- Reps. Sandifer, Cotty, Altman, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Ceips, Chellis, Clark, Clemmons, Coates, Dantzler, Duncan, Edge, Hayes, Herbkersman, Hinson, Jennings, Kirsh, Leach, Lucas, Mahaffey, McCraw, McGee, Merrill, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, J. R. Smith, Stewart, Stille, Talley, Taylor, Thompson,

Printed Page 1717 . . . . . Wednesday, March 19, 2003

Toole, Townsend, Tripp, Trotter, Umphlett, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon, Young and Rutherford: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION, PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THESE PROVISIONS.
Ordered for consideration tomorrow.

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

H. 3528 (Word version) -- Reps. Sheheen, Delleney, Toole, Altman, Haskins, Coates and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-63-50 AND 44-63-55 SO AS TO REQUIRE THAT A FETAL DEATH CERTIFICATE BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO REQUIRE A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH TO BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO FURTHER PROVIDE SPECIFICS FOR COMPLETION AND FILING OF THESE CERTIFICATES.
Ordered for consideration tomorrow.

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

S. 165 (Word version) -- Senators Gregory, Knotts and Rankin: A BILL TO AMEND CHAPTER 9, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-75 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE, ACQUIRE, OR POSSESS ANY LICENSE, PERMIT, STAMP, OR

Printed Page 1718 . . . . . Wednesday, March 19, 2003

TAG WHILE A PERSON'S PRIVILEGES ARE SUSPENDED AND TO PROVIDE APPROPRIATE PENALTIES.
Ordered for consideration tomorrow.

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

S. 361 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND TRAFFIC IN FISH, SO AS TO PROHIBIT THE SALE, POSSESSION, OR IMPORTATION OF THE EGGS OF CERTAIN FISH, AND THE SALE, POSSESSION, OR IMPORTATION OF SNAKEHEAD FISH.
Ordered for consideration tomorrow.

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

S. 168 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Ordered for consideration tomorrow.

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

H. 3613 (Word version) -- Reps. Duncan, Coates, M. A. Pitts and Witherspoon: A BILL TO AMEND SECTION 50-11-1050, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO REMOVE DESTRUCTIVE WILDLIFE, SO AS TO FURTHER PROVIDE THAT A PERMIT ISSUED FOR THE

Printed Page 1719 . . . . . Wednesday, March 19, 2003

REMOVAL OF DESTRUCTIVE BEAVERS IS VALID FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ISSUE.
Ordered for consideration tomorrow.

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

H. 3077 (Word version) -- Reps. Witherspoon, Rhoad and Davenport: A BILL TO AMEND SECTION 50-13-1189, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE POSSESSION OF GAME FISH OR GAME FISH TACKLE WHILE FISHING FOR NONGAME FISH, SO AS TO PROVIDE AN ADDITIONAL EXCEPTION FOR A PERSON WHOSE NONGAME TACKLE CONSISTS OF TROT LINES.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3816 (Word version) -- Reps. Scarborough and Dantzler: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3817 (Word version) -- Rep. Anthony: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS 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

Printed Page 1720 . . . . . Wednesday, March 19, 2003

MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. ANTHONY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3819 (Word version) -- Reps. Delleney, Haskins, Altman, G. Brown, Duncan, Emory, Frye, Hamilton, Keegan, Kirsh, Koon, Loftis, J. M. Neal, Pinson, E. H. Pitts, M. A. Pitts, Talley, Taylor, Toole, Vaughn, Viers and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO ENACT THE "PROHIBITION OF HUMAN CLONING ACT" TO MAKE IT UNLAWFUL FOR A PERSON TO PERFORM OR PARTICIPATE IN HUMAN CLONING, TO DERIVE ANY PRODUCT FROM HUMAN CLONING, OR TO SHIP, RECEIVE, TRANSPORT, TRANSFER, OR DISTRIBUTE IN INTERSTATE COMMERCE AN EMBRYO DERIVED FROM HUMAN CLONING, TO DEFINE CLONING, TO PROVIDE CRIMINAL PENALTIES, AND TO PROVIDE FOR SUSPENSION OF THE PROFESSIONAL LICENSE OF A PERSON VIOLATING THIS ACT.
Referred to Committee on Judiciary

S. 225 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.
Referred to Committee on Judiciary

S. 299 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 6-1-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE "SOUTH CAROLINA DEVELOPMENT IMPACT FEE ACT", SO AS TO ADD TO THE DEFINITION OF "PUBLIC FACILITIES", PUBLIC PARKING GARAGES OR RELATED FACILITIES.
Referred to Committee on Ways and Means

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S. 320 (Word version) -- Senators Hayes, Branton, Hawkins and Leventis: A JOINT RESOLUTION TO AUTHORIZE THE ADJUTANT GENERAL'S OFFICE TO FURLOUGH STATE-FUNDED FTE'S DURING FISCAL YEAR 2002-2003 UNDER SPECIFIC CONDITIONS.
Referred to Committee on Ways and Means

S. 360 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TITLE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED.
Referred to Committee on Ways and Means

S. 417 (Word version) -- Senators Martin and Ford: A BILL TO AMEND SECTION 7-15-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION CONTAIN THE APPLICANT'S SOCIAL SECURITY NUMBER.
Referred to Committee on Judiciary

S. 479 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY TRAINING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2730, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Judiciary

S. 481 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Referred to Clarendon Delegation

Printed Page 1722 . . . . . Wednesday, March 19, 2003

H. 3818--ADOPTED

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

H. 3818 (Word version) -- Rep. Ceips: A HOUSE RESOLUTION TO REQUEST THAT THE DIXIE CHICKS APOLOGIZE TO THE MILITARY FAMILIES IN THE STATE OF SOUTH CAROLINA AND THE UNITED STATES FOR THE UNPATRIOTIC AND UNNECESSARY COMMENTS MADE BY THEIR LEAD SINGER BEFORE THEY BEGIN THEIR UNITED STATES TOUR ON MAY 1, 2003, IN GREENVILLE, SOUTH CAROLINA, AND TO REQUEST THAT THEY PERFORM A FREE CONCERT FOR TROOPS AND MILITARY FAMILIES IN SOUTH CAROLINA AS AN EXPRESSION OF THEIR SINCERITY.

Whereas, the Dixie Chicks are a popular and influential country music group from Texas; and

Whereas, before a recent London concert, Natalie Maines, the lead singer of the Dixie Chicks, said that she was ashamed that the President of the United States is from Texas; and

Whereas, members of the United States Armed Forces are outraged at the anti-American sentiment expressed by the Dixie Chicks; and

Whereas, there is a large military presence in the State of South Carolina, whom the Dixie Chicks have offended by their comments; and

Whereas, before the Dixie Chicks kick off their United States tour in Greenville on May 1, 2003, the House of Representatives and the people of South Carolina request that Natalie Maines apologize and that the group perform a free concert for the South Carolina servicemen and women and their families. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, request that the Dixie Chicks apologize to the military families in the State of South Carolina and the United States for the unpatriotic and unnecessary comments made by

Printed Page 1723 . . . . . Wednesday, March 19, 2003

their lead singer before they begin their United States tour on May 1, 2003, in Greenville, South Carolina, and request that they perform a free concert for troops and military families in South Carolina as an expression of their sincerity.

Be it further resolved that a copy of this resolution be forwarded to the Dixie Chicks.

Rep. CEIPS explained the Resolution.

Rep. ALTMAN moved to table the Resolution, which was rejected by a division vote of 39 to 44.

The question then recurred to the adoption of the Resolution, which was agreed to by a division vote of 50 to 37.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 494 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE THE DREHER HIGH SCHOOL GIRLS BASKETBALL TEAM ON WINNING THE 2003 CLASS AAA STATE BASKETBALL CHAMPIONSHIP, TO COMMEND THE LADY BLUE DEVILS FOR THE HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK IT TOOK TO BECOME A CHAMPIONSHIP TEAM, AND TO WISH THEM EVERY SUCCESS IN THEIR ACADEMIC AND ATHLETIC CAREERS AND IN ALL OF THEIR FUTURE ENDEAVORS.

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

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons

Printed Page 1724 . . . . . Wednesday, March 19, 2003

Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Govan                  Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
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                 Sandifer               Scarborough
Scott                  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
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 19.

Ralph Davenport                   Todd Rutherford
Walton McLeod                     Douglas Jennings

Printed Page 1725 . . . . . Wednesday, March 19, 2003

Alex Harvin                       Fletcher Smith
Karl Allen

Total Present--122

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 18.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. ALLEN a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Steve Ross of Florence is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. HUGGINS and QUINN presented to the House the Dutch Fork High School "Silver Foxes" Wrestling Team, the 2003 Class AAAA State Champions, their coaches 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

Printed Page 1726 . . . . . Wednesday, March 19, 2003

addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number: H. 3128 (Word version)
Date: ADD:
03/19/03 HUGGINS

CO-SPONSOR ADDED

Bill Number: H. 3082 (Word version)
Date: ADD:
03/19/03 VIERS

CO-SPONSOR ADDED

Bill Number: H. 3232 (Word version)
Date: ADD:
03/19/03 LOFTIS

CO-SPONSOR ADDED

Bill Number: H. 3318 (Word version)
Date: ADD:
03/19/03 MCLEOD

CO-SPONSOR ADDED

Bill Number: H. 3393 (Word version)
Date: ADD:
03/19/03 MCLEOD

CO-SPONSOR ADDED

Bill Number: H. 3714 (Word version)
Date: ADD:
03/19/03 NEILSON

CO-SPONSOR ADDED

Bill Number: H. 3744 (Word version)
Date: ADD:
03/19/03 DANTZLER

Printed Page 1727 . . . . . Wednesday, March 19, 2003

CO-SPONSOR ADDED

Bill Number: H. 3231 (Word version)
Date: ADD:
03/19/03 J. E. SMITH

CO-SPONSOR ADDED

Bill Number: H. 3744 (Word version)
Date: ADD:
03/19/03 BAILEY

CO-SPONSOR ADDED

Bill Number: H. 3768 (Word version)
Date: ADD:
03/19/03 CLEMMONS

CO-SPONSOR ADDED

Bill Number: H. 3768 (Word version)
Date: ADD:
03/19/03 EDGE

CO-SPONSOR ADDED

Bill Number: H. 3616 (Word version)
Date: ADD:
03/19/03 BAILEY

CO-SPONSOR ADDED

Bill Number: H. 3082 (Word version)
Date: ADD:
03/19/03 BAILEY

CO-SPONSOR ADDED

Bill Number: H. 3128 (Word version)
Date: ADD:
03/19/03 E. H. PITTS

CO-SPONSOR ADDED

Bill Number: H. 3128 (Word version)
Date: ADD:
03/19/03 JENNINGS

Printed Page 1728 . . . . . Wednesday, March 19, 2003

CO-SPONSOR ADDED

Bill Number: H. 3128 (Word version)
Date: ADD:
03/19/03 EMORY

CO-SPONSOR REMOVED

Bill Number: H. 3612 (Word version)
Date: REMOVE:
03/19/03 CEIPS

CO-SPONSOR REMOVED

Bill Number: H. 3803 (Word version)
Date: REMOVE:
03/19/03 CEIPS

LEAVE OF ABSENCE

The SPEAKER granted Rep. LEE a temporary leave of absence.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 11, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Short, Peeler and Martin of the Committee of Conference on the part of the Senate on S. 375:

S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. V. Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND MAY MAKE EXPENDITURES FOR INSTRUCTIONAL PROGRAMS AND ESSENTIAL OPERATING COSTS FROM ANY STATE SOURCE WITHOUT

Printed Page 1729 . . . . . Wednesday, March 19, 2003

REGARD TO FUND TYPE EXCEPT SCHOOL BUILDING BOND FUNDS.

Very respectfully,
President
Received as information.

S. 375--FREE CONFERENCE POWERS GRANTED

Rep. TOWNSEND moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

The yeas and nays were taken resulting as follows:

Yeas 88; Nays 19

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Barfield               Battle                 Bingham
Bowers                 Cato                   Ceips
Chellis                Clemmons               Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Freeman                Gilham
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman

Printed Page 1730 . . . . . Wednesday, March 19, 2003

J. Hines               M. Hines               Hinson
Hosey                  Huggins                Keegan
Kennedy                Kirsh                  Koon
Limehouse              Littlejohn             Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
Moody-Lawrence         J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Richardson
Rutherford             Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Talley                 Taylor                 Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  Wilkins
Witherspoon

Total--88

Those who voted in the negative are:

Branham                Breeland               G. Brown
R. Brown               Coates                 Coleman
Davenport              Lloyd                  Loftis
Mack                   Miller                 J. H. Neal
Sheheen                G. M. Smith            J. E. Smith
Thompson               Whipper                White
Young

Total--19

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. TOWNSEND, WALKER and OTT to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

Printed Page 1731 . . . . . Wednesday, March 19, 2003

S. 375--FREE CONFERENCE REPORT ADOPTED

S. 375-Free Conference Report

The General Assembly, Columbia, S.C., March 19, 2003

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. V. Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. For fiscal year 2002-2003, all school districts and special schools of this State may transfer revenue between programs to any instructional program with the same funding source and may make expenditures for direct classroom instructional programs and essential operating costs from any state source without regard to fund type with the exception of school building bond funds.

SECTION 2. This joint resolution takes effect upon approval by the Governor. /

Printed Page 1732 . . . . . Wednesday, March 19, 2003

Linda H. Short                    Ronald P. Townsend
Harvey S. Peeler, Jr.             Robert E. Walker
Larry A. Martin                   Harry L. Ott, Jr.
On part of the Senate.            On part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

SENT TO THE SENATE

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

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.

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 "MAGNET SCHOOLS" OR SCHOOLS WITH "OPEN ENROLLMENT".

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

Printed Page 1733 . . . . . Wednesday, March 19, 2003

RETENTION SCHEDULE APPROVAL PROCESS AND ELIMINATE THE REQUIREMENT THAT THE GENERAL SCHEDULES BE DEVELOPED AS STATE REGULATIONS.

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 SUPERINTENDENT; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.

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.

ORDERED ENROLLED FOR RATIFICATION

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

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

Printed Page 1734 . . . . . Wednesday, March 19, 2003

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.

ORDERED TO THIRD READING

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

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.

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.

Printed Page 1735 . . . . . Wednesday, March 19, 2003

H. 3803--COMMITTED

The following Bill was taken up:

H. 3803 (Word version) -- Reps. Herbkersman, 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.

Rep. HERBKERSMAN moved to commit the Bill to the Committee on Ways and Means, which was agreed to.

R. 2, S. 158--DEBATE ADJOURNED ON MOTION TO RECONSIDER

The motion of Rep. ALTMAN to reconsider the vote whereby the Veto on the following Act was sustained 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. ALTMAN moved to adjourn debate on the motion to reconsider until Tuesday, March 25.

POINT OF ORDER

Rep. WHIPPER raised the Point of Order that once a motion to reconsider a vote was noted, the House could not adjourn debate on the motion to reconsider.
SPEAKER WILKINS stated that debate could be adjourned on the motion to reconsider and he overruled the Point of Order.

Printed Page 1736 . . . . . Wednesday, March 19, 2003

The question then recurred to the motion to adjourn debate on the motion to reconsider until Tuesday, March 25, which was agreed to by a division vote of 9 to 3.

R. 13, H. 3430--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(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.

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 3; Nays 0

Those who voted in the affirmative are:

Littlejohn             McCraw                 Phillips

Total--3

Those who voted in the negative are:

Total--0

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

R. 17, H. 3615--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(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

Printed Page 1737 . . . . . Wednesday, March 19, 2003

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.

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 3; Nays 0

Those who voted in the affirmative are:

Duncan                 M. A. Pitts            Taylor

Total--3

Those who voted in the negative are:

Total--0

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

R. 18, H. 3633--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken 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.

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:

Printed Page 1738 . . . . . Wednesday, March 19, 2003

Yeas 3; Nays 0

Those who voted in the affirmative are:

Duncan                 M. A. Pitts            Taylor

Total--3

Those who voted in the negative are:

Total--0

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

H. 3198--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3198 (Word version) -- Reps. Easterday, Altman, Coates, Sandifer, McGee, Clemmons and Edge: A BILL TO AMEND SECTION 30-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.

Rep. SINCLAIR explained the Senate Amendments.

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

H. 3320--AMENDED, ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3320 (Word version) -- Reps. Viers, Barfield, Keegan, Clemmons, Witherspoon and Edge: A CONCURRENT RESOLUTION TO EXPRESS THE COLLECTIVE BELIEF AND DESIRE OF THE MEMBERS OF THE

Printed Page 1739 . . . . . Wednesday, March 19, 2003

GENERAL ASSEMBLY THAT THE NEXT INTERSTATE PROJECT OF THE DEPARTMENT OF TRANSPORTATION SHOULD BE ONE THAT PROVIDES THE PEE DEE REGION WITH ACCESS TO THE INTERSTATE SYSTEM.

Whereas, it is the desire of the members of the General Assembly that the Department of Transportation consider providing the Pee Dee Region with access to the interstate system; and

Whereas, the beautiful beaches, excellent shopping, and activities for young and old make Horry County one of the major tourist hubs in the Southeast, drawing millions of visitors each year; and

Whereas, Horry County, a golf oasis of America, attracts professionals as well as aspiring golfers alike; it boasts more golf courses than any other county in the United States; and

Whereas, the more tourists that are drawn to Horry County, the more money the county and the State collect, thereby strengthening the state's economy; and

Whereas, providing Horry County with access to the interstate system would offer visitors and tourists a faster and more convenient route to their destination; and

Whereas, Interstate 73 and Interstate 74 are the two most popular and feasible options for the new interstate project in Horry County; and

Whereas, the members of the General Assembly feel that it is in the best interest of the State and the Pee Dee Region that the Department of Transportation should consider its next major interstate as one that connects the Pee Dee Region with the interstate system. Now, therefore,

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

That the members of the General Assembly express their collective belief and desire that the Department of Transportation should consider its next interstate project as one that provides the Pee Dee Region with access to the interstate system.

Printed Page 1740 . . . . . Wednesday, March 19, 2003

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

The Invitations and Memorial Resolutions Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9532SL03), which was adopted:
Amend the concurrent resolution, as and if amended, page 1, line 19, by striking /provided/ and inserting / consider providing / so that when amended the paragraph reads / Whereas, it is the desire of the members of the General Assembly that the Department of Transportation consider providing the Pee Dee Region with access to the interstate system; and /.
Amend the concurrent resolution further, page 2, by striking lines 1-5 and inserting
/ Whereas, the members of the General Assembly feel that it is in the best interest of the State and that the Department of Transportation should consider its next interstate project as one that connects the Pee Dee Region with the interstate system. Now, therefore, / and by striking lines 10-13 and inserting
/ That the members of the General Assembly express their collective belief and desire that the Department of Transportation should consider its next interstate project as one that provides the Pee Dee Region with access to the interstate system. /
Amend title to conform.

Rep. VIERS explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

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

Rep. HINSON moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions.

Rep. VIERS moved to table the motion, which was agreed to by a division vote of 33 to 28.

The amendment was then adopted.

Printed Page 1741 . . . . . Wednesday, March 19, 2003

Reps. VIERS, KEEGAN, WITHERSPOON, EDGE, CLEMMONS and BARFIELD proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\1228SL03), which was tabled:
Amend the concurrent resolution, as and if amended, page 1, line 19, by inserting after the word /that/ the following:
/ , upon obtaining federal funding for the Interstate 73 or Interstate 74 Corridor, /
Amend further, page 2, line 11, by inserting after the word /that/ the following:
/ , upon obtaining federal funding for the Interstate 73 or Interstate 74 Corridor, /
Renumber sections to conform.
Amend title to conform.

Rep. VIERS moved to table the amendment, which was agreed to.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

S. 457--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 457 (Word version) -- Senators Patterson, Jackson, Giese and Courson: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE SC-277 PEDESTRIAN OVERPASS IN RICHLAND COUNTY AS THE "CONGRESSMAN JAMES E. CLYBURN PEDESTRIAN OVERPASS" FOR HIS ENORMOUS EFFORTS IN OBTAINING THE FUNDS FROM THE UNITED STATES CONGRESS NECESSARY TO BUILD THIS OVERPASS.

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

That the members of the General Assembly request the South Carolina Department of Transportation to name the SC-277 Pedestrian Overpass in Richland County as the "Congressman James E. Clyburn Pedestrian Overpass" for his enormous efforts in obtaining the funds from the United States Congress necessary to build this overpass that will contribute greatly to the safety of the residents living on the SC-277 corridor.

Printed Page 1742 . . . . . Wednesday, March 19, 2003

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and Congressman James E. Clyburn.

The Concurrent Resolution was adopted and sent to the Senate.

S. 66--AMENDED, ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 66 (Word version) -- Senators Knotts, Setzler and Moore: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE OF INTERSTATE 20 AND U. S. HIGHWAY NUMBER 1 IN LEXINGTON COUNTY IN HONOR OF THE LATE F. W. "BILLY" CAUGHMAN FOR HIS COMMUNITY, CIVIC, AND POLITICAL IMPACT ON THE CITY OF LEXINGTON AND LEXINGTON COUNTY AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. CAUGHMAN'S CONTRIBUTIONS TO THE COMMUNITY.

That the members of the General Assembly request that the Department of Transportation name the interchange of Interstate 20 and U. S. Highway Number 1 in Lexington County in honor of the late F. W. "Billy" Caughman for his community, civic, and political impact on the City of Lexington and Lexington County and install appropriate markers or signs on the interchange so that as the public passes they will remember Mr. Caughman's contributions to the community.

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

Rep. E. H. PITTS proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20366SD03), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all after the resolving words and inserting:
/That the members of the General Assembly request that the Department of Transportation name the interchange of Interstate 20 and U. S. Highway Number 1 in Lexington County in honor of the late F. W. "Billy" Caughman for his community, civic, and political impact on the City of Lexington and Lexington County and install appropriate

Printed Page 1743 . . . . . Wednesday, March 19, 2003

markers or signs on the interchange so that as the public passes they will remember Mr. Caughman's contributions to the community.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation. /
Further, amend title to read:
/TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE OF INTERSTATE 20 AND U. S. HIGHWAY NUMBER 1 IN LEXINGTON COUNTY IN HONOR OF THE LATE F. W. "BILLY" CAUGHMAN FOR HIS COMMUNITY, CIVIC, AND POLITICAL IMPACT ON THE CITY OF LEXINGTON AND LEXINGTON COUNTY AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. CAUGHMAN'S CONTRIBUTIONS TO THE COMMUNITY. /
Renumber sections to conform.

Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

S. 135--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 135 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME INTERSTATE 385 IN LAURENS COUNTY AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF LAURENS COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.

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

That the members of the General Assembly of the State of South Carolina request the Department of Transportation to name Interstate

Printed Page 1744 . . . . . Wednesday, March 19, 2003

385 in Laurens County as the "Veterans Memorial Highway" in honor and memory of the veterans of Laurens County for their faithful service to this State and our nation and request the department erect appropriate signs and markers reflecting this designation.

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

The Concurrent Resolution was adopted and sent to the Senate.

H. 3204--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

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".

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

That the members of the South Carolina General Assembly 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".

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

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

Printed Page 1745 . . . . . Wednesday, March 19, 2003

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

S. 9 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE, AND SPECIFICALLY THOSE CREATED AND ESTABLISHED FOR THE PURPOSE OF FURNISHING NATURAL GAS THROUGHOUT THEIR RESPECTIVE AREAS, JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3820 (Word version) -- Reps. Loftis, Bailey, Branham, J. Brown, Cobb-Hunter, Davenport, Emory, Gilham, Herbkersman, Hosey, Koon, Lee, Lourie, Miller, Rivers, F. N. Smith, J. R. Smith, Stille and Vaughn: A BILL TO AMEND SECTION 44-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR LICENSURE OF HEALTH CARE FACILITIES, SO AS TO ENACT THE "THERON NORRIS ACT" TO PROVIDE THAT IF AN INDIVIDUAL WITH A MENTAL IMPAIRMENT IS ADMITTED

Printed Page 1746 . . . . . Wednesday, March 19, 2003

TO A HEALTH CARE FACILITY OR A COMMUNITY RESIDENTIAL CARE FACILITY (CRCF), THE FACILITY OR CRCF SHALL AFFIX A GREEN STAR TO THE PATIENT'S CHART INDICATING THAT THE PATIENT REQUIRES SPECIAL SUPERVISION OR CARE, THE CHART MUST ACCOMPANY THE PATIENT WHEN TRANSPORTED OFF THE UNIT TO WHICH HE HAS BEEN ADMITTED, AND SUCH A PATIENT MAY NOT BE LEFT UNATTENDED OR UNSUPERVISED WHILE OFF HIS UNIT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3821 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-48 SO AS TO PROVIDE THAT IF A STUDENT IS HOME SCHOOLED IN THE MANNER PROVIDED BY LAW, HIS RESIDENT SCHOOL DISTRICT ANNUALLY SHALL REIMBURSE HIS CUSTODIAL PARENTS OR LEGAL GUARDIAN FOR THE COST OF HIS HOME SCHOOLING, AND TO DEFINE COST FOR THIS PURPOSE.
Referred to Committee on Education and Public Works

H. 3822 (Word version) -- Reps. Townsend, Harrell, Walker and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT IF A DESIGNEE OF A PUBLIC OFFICIAL TO SERVE ON THE EDUCATION OVERSIGHT COMMITTEE IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND HAS BEEN CALLED TO ACTIVE DUTY IN CONNECTION WITH THE CONFLICT WITH IRAQ OR THE WAR ON TERRORISM FOR A PERIOD OF NOT MORE THAN ONE YEAR, THE PUBLIC OFFICIAL MAY DESIGNATE ANOTHER PERSON TO SERVE IN HIS STEAD IN AN INTERIM CAPACITY UNTIL THE ORIGINAL DESIGNEE RETURNS FROM ACTIVE DUTY, AND TO PROVIDE THAT ABSENCES OF THE ORIGINAL DESIGNEE ON THE COMMITTEE BECAUSE OF MILITARY ACTIVATION ARE CONSIDERED EXCUSED ABSENCES.
On motion of Rep. TOWNSEND, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3823 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION

Printed Page 1747 . . . . . Wednesday, March 19, 2003

12-21-630 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON EACH CIGARETTE SUBJECT TO THE LICENSE TAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.65 CENTS ON EACH CIGARETTE, TO PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF THIS ADDITIONAL TAX, AND TO PROVIDE FOR THE USE OF THE REVENUE FOR SENIOR HEALTH CARE PROGRAMS AND THE MEDICAID PROGRAM.
Referred to Committee on Ways and Means

H. 3825 (Word version) -- Reps. Pinson, Haskins, M. A. Pitts, Coates, Bingham, Clemmons, Davenport, Delleney, Duncan, Frye, Koon, Loftis, Mahaffey, Simrill, J. R. Smith, Stille, Taylor and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA PARENTAL REPRODUCTIVE RIGHTS ACT" BY ADDING SECTION 44-1-122 TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATABASE IN WHICH A PARENT CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OF THE STATE FROM PROVIDING CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE PROCEDURES FOR REGISTRATION; AND TO ADD SECTION 44-1-125 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR ANOTHER STATE AGENCY FROM DISTRIBUTING CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.
Referred to Committee on Medical, Military, Public and Municipal Affairs

CONCURRENT RESOLUTION

The following was introduced:

Printed Page 1748 . . . . . Wednesday, March 19, 2003

WISH THEM AND THEIR TEACHER AND ADVISOR, CARL VADASZ, WELL AS THEY COMPETE ON THE NATIONAL LEVEL APRIL 26-29, 2003, IN ORLANDO, FLORIDA.

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

SPEAKER IN CHAIR

MOTION PERIOD

The motion period was dispensed with on motion of Rep. J. BROWN.

H. 3082--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. SCARBOROUGH having the floor:

H. 3082 (Word version) -- Reps. Scarborough, Simrill, Hinson, Merrill, White, Trotter, Thompson, M. A. Pitts, Barfield, Duncan, Edge, Clemmons, Viers and Bailey: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD AND TO PROVIDE THAT IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.

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:

Printed Page 1749 . . . . . Wednesday, March 19, 2003

/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;

(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

Printed Page 1750 . . . . . Wednesday, March 19, 2003

~~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.

(i) introduce a joint resolution approving the regulation;

(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.

Printed Page 1751 . . . . . Wednesday, March 19, 2003

(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), 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

Printed Page 1752 . . . . . Wednesday, March 19, 2003

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 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;

Printed Page 1753 . . . . . Wednesday, March 19, 2003

(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;

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

Printed Page 1754 . . . . . Wednesday, March 19, 2003

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 continued speaking.
Rep. OTT spoke against the amendment.
Rep. JENNINGS spoke against the amendment.

Rep. TOWNSEND moved that the House recede until 2:00 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 1.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER MCCRAW IN CHAIR

Printed Page 1755 . . . . . Wednesday, March 19, 2003

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

H. 3082--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11301AC03), which was adopted:
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.

Printed Page 1756 . . . . . Wednesday, March 19, 2003

(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) request for review;

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

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

(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,

Printed Page 1757 . . . . . Wednesday, March 19, 2003

(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.

(i) introduce a joint resolution approving the regulation;

(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~~

Printed Page 1758 . . . . . Wednesday, March 19, 2003

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);

Printed Page 1759 . . . . . Wednesday, March 19, 2003

~~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:

(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.

(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

Printed Page 1760 . . . . . Wednesday, March 19, 2003

(2) withdraw the regulation permanently;

(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~~

Printed Page 1761 . . . . . Wednesday, March 19, 2003

~~introduced by other than the committees to which regulations are initially referred by the Lieutenant Governor or the Speaker of the House of Representatives.~~

Rep. OTT spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARRISON spoke in favor of the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. HARRISON spoke in favor of the amendment.

Rep. JENNINGS moved to recommit the Bill to the Committee on Judiciary.

Rep. HARRISON moved to table the motion.

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

Yeas 72; Nays 39

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Barfield               Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Coleman
Cooper                 Cotty                  Dantzler

Printed Page 1762 . . . . . Wednesday, March 19, 2003

Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Koon
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 Merrill                Neilson
Owens                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Sandifer               Scarborough
Simrill                Sinclair               Skelton
G. M. Smith            J. R. Smith            W. D. Smith
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

Total--72

Those who voted in the negative are:

Anthony                Battle                 Bowers
Branham                G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Emory                  Freeman                Govan
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Kennedy                Kirsh                  Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Ott                    Parks
Perry                  Rivers                 Scott
Sheheen                D. C. Smith            J. E. Smith
Snow                   Stewart                Weeks

Total--39

So, the motion to recommit the Bill was tabled.

Printed Page 1763 . . . . . Wednesday, March 19, 2003

Rep. J. E. SMITH moved to adjourn debate on the Bill.

Rep. HARRISON moved to table the motion.

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

Yeas 71; Nays 36

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Bingham                Bowers                 Chellis
Clemmons               Coates                 Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 Merrill
Neilson                Owens                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. R. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Whipper                White
Whitmire               Young

Total--71

Those who voted in the negative are:

Anthony                Barfield               Battle
Branham                G. Brown               R. Brown
Cato                   Cobb-Hunter            Emory
Freeman                Govan                  Hayes

Printed Page 1764 . . . . . Wednesday, March 19, 2003

J. Hines               M. Hines               Hosey
Howard                 Jennings               Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Ott                    Parks
Perry                  Rhoad                  Rivers
Scott                  Sheheen                J. E. Smith
Snow                   Weeks                  Witherspoon

Total--36

So, the motion to adjourn debate on the Bill was tabled.

The amendment was then adopted.

Reps. TOWNSEND and HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11350AC03), which was adopted:
Amend the bill, as and if amended, by deleting Section 1-23-120(F) and inserting:
/(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~~ has exercised its rights or taken action pursuant to subsection (C)(3) on 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~~. However, introduction of a joint resolution by a member does not impact the approval or disapproval of a regulation unless the joint resolution is enacted before the regulation becomes effective pursuant to subsection (C)(3)./
Renumber sections to conform.
Amend title to conform.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 74; Nays 33

Printed Page 1765 . . . . . Wednesday, March 19, 2003

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Hamilton               Harrell
Harrison               Herbkersman            J. Hines
Hinson                 Huggins                Keegan
Koon                   Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
Merrill                Neilson                Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

Total--74

Those who voted in the negative are:

Anthony                Bales                  Battle
Bowers                 Branham                G. Brown
R. Brown               Clyburn                Cobb-Hunter
Emory                  Freeman                Govan
Hayes                  Hosey                  Howard
Jennings               Kennedy                Kirsh
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott

Printed Page 1766 . . . . . Wednesday, March 19, 2003

Parks                  Rivers                 Scott
Sheheen                J. E. Smith            Weeks

Total--33

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

SPEAKER IN CHAIR

H. 3231--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3231 (Word version) -- Reps. Gilham, Stille, Wilkins, Walker, Bales, M. A. Pitts, Cobb-Hunter, Richardson, Ceips, Cotty, Skelton, Owens, Haskins, Martin, Toole, Lourie, Huggins, E. H. Pitts, Talley, Mahaffey, Leach, Hamilton, Loftis, D. C. Smith, McLeod, Thompson and J. E. Smith: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS IN HIS SYSTEM, SO AS TO PROVIDE THAT A DRIVER WHO REGISTERS AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS GUILTY OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS.

Rep. ALTMAN moved to adjourn debate on the Bill until Tuesday, March 25.

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11284AC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 23-31-420(A) of the 1976 Code, as added by Act 464 of 1996, is amended to read:

Printed Page 1767 . . . . . Wednesday, March 19, 2003

"(A) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is admissible into evidence and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall create the following presumptions:

(1) If there was at that time ~~five~~ four one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.

(2) If there was at that time in excess of ~~five~~ four one-hundredths of one percent but less than ~~ten~~ eight one-hundredths of one percent by weight of alcohol in the person's blood, that fact shall not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(3) If there was at that time ~~ten~~ eight one-hundredths of one percent or more by weight of alcohol in the person's blood, this creates an inference that the person was under the influence of alcohol."
SECTION 2. Section 50-21-114(A) and (B) of the 1976 Code, as amended by Act 124 of 1999, is further amended to read:

"(A)(1) A person who operates a water device is considered to have given consent to chemical tests or analysis of his breath, blood, or urine to determine the presence of alcohol, drugs, or a combination of both, if arrested for an offense arising out of acts alleged to have been committed while the person was operating or directing the operation of a water device while under the influence of alcohol, drugs, or a combination of both. A test given must be administered at the direction of the arresting law enforcement officer. At the direction of the arresting officer, the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breath analysis reading is ~~ten~~ eight one-hundredths of one percent or above by weight of alcohol

Printed Page 1768 . . . . . Wednesday, March 19, 2003

in the person's blood, the officer may not require additional tests of the person as provided in this chapter.

(2) The breath test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, SLED, using methods approved by SLED. The arresting officer may administer the tests so long as it is done in conformity with the standards set out by SLED. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to operate a water device must be suspended or denied for one hundred eighty days if he refuses to submit to the tests.

(3) A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine.

(4) The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in a criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.

(5) The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.

(6) SLED shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The cost of the tests administered at the direction of the law

Printed Page 1769 . . . . . Wednesday, March 19, 2003

enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is assessed, at the time of the sentencing, persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-112 or Section 50-12-113. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.

(B) In any criminal prosecution where a test or tests were administered pursuant to this chapter, the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:

(1) If there was at that time ~~five~~ four one-hundredths of one percent or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol.

(2) If there was at that time in excess of ~~five~~ four one-hundredths of one percent but less than ~~ten~~ eight one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.

(3) If there was at that time ~~ten~~ eight one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol."
SECTION 3. Section 56-1-286(V) of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:

"(V) Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than ~~ten~~ eight one-hundredths of one percent."
SECTION 4. Section 56-5-2933 of the 1976 Code, as added by Act 390 of 2000, is amended to read:

Printed Page 1770 . . . . . Wednesday, March 19, 2003

violation of Section 56-5-2930 but prosecuted pursuant to this section if the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest and probable cause existed to justify the traffic stop. ~~This section shall not apply to cases arising out of a stop at a traffic road block or driver's license check point.~~ A person cannot be prosecuted for both a violation of Section 56-5-2930 and a violation of this section for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to, the following:

(1) whether or not the person was lawfully arrested or detained;

(2) whether or not probable cause existed to justify the stop;

(3) the period of time between arrest and testing;

(4) whether or not the person was advised in writing of the rights enumerated in Section 56-5-2950;

(5) whether the person consented to taking a test pursuant to Section 56-5-2950, and the:

(a) reported alcohol concentration at the time of testing was ~~ten~~ eight one-hundredths of one percent or more;

(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;

(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and regulations adopted pursuant to Section 56-5-2951(Q) and Section 56-5-2953(F); and

(d) machine was working properly.

Nothing contained in this section prohibits the introduction of:

(1) the results of any additional tests of the person's breath or other bodily fluids;

(2) any evidence that may corroborate or question the validity of the breath or bodily fluid test result including, but not limited to:

(a) evidence of field sobriety tests;

(b) evidence of the amount of alcohol consumed by the person; and

(3) a videotape of the person's conduct at the incident site and breath testing site taken pursuant to Section 56-5-2953 which is subject to redaction under the South Carolina Rules of Evidence; or

(4) any other evidence of the state of a person's faculties to drive which would call into question the results of a breath or bodily fluid test.

Printed Page 1771 . . . . . Wednesday, March 19, 2003

At trial, a person charged with a violation of this section is entitled to a jury instruction stating that the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence.

A person charged with a violation of this section must have been given notice of intent to prosecute under the provisions of this section not later than sixty days after arrest."
SECTION 5. Section 56-5-2950 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"Section 56-5-2950. ~~(a)~~(A) A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of them. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth or is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the alcohol concentration is ~~ten~~ eight one-hundredths of one percent or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by the department, pursuant to SLED policies. The arresting officer may administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, a ~~ten~~ eight one-hundredths of one percent simulator test must be performed and the result must reflect a reading between ~~0.095~~ 0.075 percent and ~~0.105~~ 0.085 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and

Printed Page 1772 . . . . . Wednesday, March 19, 2003

urine samples must be obtained and handled in accordance with procedures approved by SLED.

No tests may be administered or samples obtained unless the person has been informed in writing that:

(1) he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for at least ninety days if he refuses to submit to the tests and that his refusal may be used against him in court;

(2) his privilege to drive must be suspended for at least thirty days if he takes the tests or gives the samples and has an alcohol concentration of ~~fifteen~~ eight one-hundredths of one percent or more;

(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;

(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and

(5) he must enroll in an Alcohol and Drug Safety Action Program within thirty days of the issuance of the notice of suspension.

A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause contending that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.

The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified in writing of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer.

The arresting officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test

Printed Page 1773 . . . . . Wednesday, March 19, 2003

the blood sample to determine the person's alcohol concentration, SLED must test the blood sample and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.

SLED shall administer the provisions of this subsection and shall make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.

A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.

~~(b)~~(B) In the criminal prosecution for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of them, the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:

(1) If the alcohol concentration was at that time ~~five~~ four one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol.

(2) If the alcohol concentration was at that time in excess of ~~five~~ four one-hundredths of one percent but less than ~~ten~~ eight one-hundredths of one percent, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other evidence in determining the guilt or innocence of the person.

(3) If the alcohol concentration was at that time ~~ten~~ eight one-hundredths of one percent or more, it may be inferred that the person was under the influence of alcohol.

(4) If the alcohol concentration was at that time ~~ten~~ eight one-hundredths of one percent or more and the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest, the person has violated Section 56-5-2933.

The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of

Printed Page 1774 . . . . . Wednesday, March 19, 2003

whether or not the person was under the influence of alcohol, drugs, or a combination of them.

~~(c)~~(C) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection ~~(a)~~(A) of this section.

~~(d)~~(D) A person required to submit to tests by the arresting law enforcement officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any trial or other proceeding in which the results of the tests are used as evidence. A person who obtains additional tests must furnish a copy of the time, method, and results of any test to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence."
SECTION 6. Section 56-5-2951 of the 1976 Code, as last amended by Act 354 of 2002, is further amended to read:

"Section 56-5-2951. (A) The Department of Public Safety shall suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of ~~fifteen~~ eight one-hundredths of one percent or more. The arresting officer shall issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.

(B) If the test registers an alcohol concentration of ~~ten~~ eight one-hundredths of one percent or more, the person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990.

(C) If the person does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.

(D) Within thirty days of the issuance of the notice of suspension the person may:

(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A one hundred dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of

Printed Page 1775 . . . . . Wednesday, March 19, 2003

the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and

(2) request an administrative hearing.
At the administrative hearing if:

(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K);

(b) the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.

The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.

(E) The period of suspension provided for in subsection (K) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol restricted license and requests an administrative hearing.

(F) If a person does not request an administrative hearing, he shall have waived his right to the hearing and his suspension must not be stayed but continues for the period provided for in subsection (K).

(G) The notice of suspension shall advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and request an administrative hearing. The notice of suspension also shall advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension,

Printed Page 1776 . . . . . Wednesday, March 19, 2003

he shall have waived his right to the administrative hearing, and the suspension continues for the period provided for in subsection (K).

(H) An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:

(1) was lawfully arrested or detained;

(2) was advised in writing of the rights enumerated in Section 56-5-2950;

(3) refused to submit to a test pursuant to Section 56-5-2950; or

(4) consented to taking a test pursuant to Section 56-5-2950, and the:

(a) reported alcohol concentration at the time of testing was ~~fifteen~~ eight one-hundredths of one percent or more;

(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;

(d) the machine was working properly.

Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.

A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.

(I) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay the suspension until a final decision is issued.

Printed Page 1777 . . . . . Wednesday, March 19, 2003

(J)(1) If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from the Alcohol Drug Safety Action Program classes or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program, or residence must be reported immediately to the department by the licensee.

(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.

(K)(1) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has no previous convictions for violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug

Printed Page 1778 . . . . . Wednesday, March 19, 2003

within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is:

(a) ninety days for a person who refuses to submit to a test pursuant to Section 56-5-2950; or

(b) thirty days for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of ~~fifteen~~ eight one-hundredths of one percent or more.

(2) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has been convicted previously for violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of ~~fifteen~~ eight one-hundredths of one percent or more.

(L) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (K) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue the services of the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license shall be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.

(M) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.

Printed Page 1779 . . . . . Wednesday, March 19, 2003

(N) The department shall not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.

(O) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.

(P) An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.

(Q) The department shall administer the provisions of this section and shall promulgate regulations necessary to carry out its provisions.

(R) If a person does not request an administrative hearing within the ~~ten-day~~ thirty-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from Alcohol and Drug Safety Action Program classes or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department

Printed Page 1780 . . . . . Wednesday, March 19, 2003

for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
SECTION 7. Section 30 of Act 390 of 2000 is repealed.
SECTION 8. This act takes effect at 12:00 p.m. on the first Tuesday following sixty days after the signature of the Governor or August 19, 2003, whichever is later./
Renumber sections to conform.
Amend title to conform.

Rep. LUCAS explained the amendment.

Rep. ALTMAN spoke against the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. M. A. PITTS spoke in favor of the amendment.

The amendment was then adopted.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SINCLAIR proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5238CM03), which was adopted:
Amend the bill, as and if amended, by striking SECTION 4 in its entirety, and inserting:
/ SECTION 4. Section 56-5-2933 of the 1976 Code, as added by Act 390 of 2000, is amended to read:

"Section 56-5-2933. It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is ~~ten~~ eight one-hundredths of one percent or more. A person who violates the provisions of this section is guilty of the offense of Driving With An Unlawful Alcohol Concentration. A person may be charged for a violation of Section 56-5-2930 but prosecuted pursuant to this section if the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest and probable cause existed to justify the ~~traffic stop~~ arrest. ~~This section shall not apply to cases arising out of a stop at a traffic road block or driver's license check point.~~ A person ~~cannot~~ must not be prosecuted

Printed Page 1781 . . . . . Wednesday, March 19, 2003

for both a violation of Section 56-5-2930 and a violation of this section for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including~~, but not limited to,~~ the following:

(1) whether or not the person was lawfully arrested or detained;

~~(2)~~ ~~whether or not probable cause existed to justify the stop;~~

~~(3)~~(2)the period of time between arrest and testing;

~~(4)~~(3) whether or not the person was advised in writing of the rights enumerated in Section 56-5-2950;

~~(5)~~(4) whether the person consented to taking a test pursuant to Section 56-5-2950, and the:

(a) reported alcohol concentration at the time of testing was ~~ten~~ eight one-hundredths of one percent or more;

(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;

(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and regulations adopted pursuant to Section 56-5-2951(Q) and Section 56-5-2953(F); and

(d) machine was working properly.
~~Nothing contained in this section prohibits the introduction of:~~

~~(1)~~ ~~the results of any additional tests of the person's breath or other bodily fluids;~~

~~(2)~~ ~~any evidence that may corroborate or question the validity of the breath or bodily fluid test result including, but not limited to:~~
~~(a) evidence of field sobriety tests;~~
~~(b) evidence of the amount of alcohol consumed by the person; and~~
~~(c) evidence of the person's driving;~~
~~(3) a videotape of the person's conduct at the incident site and breath testing site taken pursuant to Section 56-5-2953 which is subject to redaction under the South Carolina Rules of Evidence; or~~
~~(4) any other evidence of the state of a person's faculties to drive which would call into question the results of a breath or bodily fluid test.~~
At trial, a person charged with a violation of this section is entitled to a jury instruction stating that the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence.

A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least fourteen days before his trial date." /

Printed Page 1782 . . . . . Wednesday, March 19, 2003

Renumber sections to conform.
Amend title to conform.

Rep. SINCLAIR explained the amendment.

Rep. SINCLAIR spoke in favor of the amendment.
Rep. GILHAM spoke in favor of the amendment.
Rep. HARRISON spoke against the amendment.

SPEAKER IN CHAIR

Rep. HARRISON continued speaking.

Rep. F. N. SMITH moved to table the amendment.

Rep. SINCLAIR demanded the yeas and nays which were taken, resulting as follows:

Yeas 42; Nays 63

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bales                  Battle                 Branham
G. Brown               J. Brown               Chellis
Coleman                Cotty                  Dantzler
Davenport              Delleney               Freeman
Frye                   Hagood                 Harrison
Hayes                  J. Hines               Hinson
Jennings               Loftis                 Lucas
McCraw                 McGee                  Merrill
Miller                 Moody-Lawrence         Neilson
Perry                  Phillips               Rivers
Scarborough            Sheheen                F. N. Smith
G. M. Smith            J. R. Smith            Stewart
Umphlett               Weeks                  Young

Total--42

Those who voted in the negative are:

Bailey                 Barfield               Bingham
Bowers                 Cato                   Ceips
Clark                  Clemmons               Clyburn

Printed Page 1783 . . . . . Wednesday, March 19, 2003

Coates                 Cooper                 Duncan
Edge                   Emory                  Gilham
Govan                  Hamilton               Herbkersman
Hosey                  Howard                 Keegan
Kennedy                Kirsh                  Koon
Limehouse              Littlejohn             Lloyd
Lourie                 Mahaffey               Martin
McLeod                 J. H. Neal             J. M. Neal
Ott                    Owens                  Parks
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scott                  Simrill                Sinclair
Skelton                J. E. Smith            W. D. Smith
Snow                   Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Vaughn                 Viers                  White
Whitmire               Wilkins                Witherspoon

Total--63

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 74; Nays 31

Those who voted in the affirmative are:

Anthony                Bailey                 Barfield
Bingham                Cato                   Ceips
Chellis                Clemmons               Coates
Cooper                 Cotty                  Duncan
Emory                  Freeman                Frye
Gilham                 Govan                  Hagood
Hamilton               Harrell                Harrison
Herbkersman            Hosey                  Howard
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Limehouse
Littlejohn             Lloyd                  Lourie

Printed Page 1784 . . . . . Wednesday, March 19, 2003

Lucas                  Mahaffey               Martin
McGee                  McLeod                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scott                  Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Vaughn                 Viers                  White
Whitmire               Wilkins

Total--74

Those who voted in the negative are:

Allen                  Altman                 Bales
Battle                 Bowers                 Branham
G. Brown               J. Brown               Coleman
Dantzler               Davenport              Delleney
Hayes                  J. Hines               Jennings
Lee                    Loftis                 McCraw
Merrill                Miller                 Moody-Lawrence
Phillips               Rivers                 Scarborough
Sheheen                F. N. Smith            J. E. Smith
Umphlett               Weeks                  Witherspoon
Young

Total--31

So, the amendment was adopted.

Rep. G. BROWN spoke against the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 106; Nays 6

Printed Page 1785 . . . . . Wednesday, March 19, 2003

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
J. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Govan
Hagood                 Hamilton               Harrell
Harrison               Hayes                  Herbkersman
J. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 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                 Sandifer               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                Vaughn
Viers                  Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

Total--106

Printed Page 1786 . . . . . Wednesday, March 19, 2003

Those who voted in the negative are:

Altman                 G. Brown               Dantzler
Merrill                Scarborough            Umphlett

Total--6

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

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 19, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 66:

Very respectfully,
President
Received as information.

Printed Page 1787 . . . . . Wednesday, March 19, 2003

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 13, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Short, Peeler and Martin of the Committee of Free Conference on the part of the Senate on S. 375:

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 19, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 375. The report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act and the Act enrolled for Ratification. The Senate has ordered the Joint Resolution Enrolled for Ratification:

Printed Page 1788 . . . . . Wednesday, March 19, 2003

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 19, 2003
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:30 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 19, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 17, H. 3615 by a vote of 45 to 0.

Printed Page 1789 . . . . . Wednesday, March 19, 2003

(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.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 19, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 13, H. 3430 by a vote of 45 to 0.

(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.

Very respectfully,
President
Received as information.

Printed Page 1790 . . . . . Wednesday, March 19, 2003

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 19, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 18, H. 3633 by a vote of 45 to 0.

(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.

Very respectfully,
President
Received as information.

MOTION ADOPTED

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

RATIFICATION OF ACTS

At 4:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R20, S. 167 (Word version)) -- Senator Gregory: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1707 SO AS TO PROVIDE FOR LIMITS ON SPECIFIED SHARKS; AND TO AMEND SECTION 50-5-2725, AS AMENDED, RELATING TO SHARK CATCH LIMITS, SO AS TO FURTHER PROVIDE FOR CERTAIN FEDERAL PROVISIONS WHICH APPLY TO THE TAKING OF SHARKS.

Printed Page 1791 . . . . . Wednesday, March 19, 2003

(R21, S. 375 (Word version)) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. V. Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND MAY MAKE EXPENDITURES FOR INSTRUCTIONAL PROGRAMS AND ESSENTIAL OPERATING COSTS FROM ANY STATE SOURCE WITHOUT REGARD TO FUND TYPE EXCEPT SCHOOL BUILDING BOND FUNDS.

(R22, H. 3539 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION STATE BOARD OF NURSING, RELATING TO CODE OF ETHICS FOR NURSES WITH INTERPRETIVE STATEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R23, H. 3672 (Word version)) -- Reps. Walker, Mahaffey, Talley and Littlejohn: AN ACT TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS IN SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7.

(R24, H. 3698 (Word version)) -- Reps. Walker, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF THE SEVEN SCHOOL DISTRICTS IN SPARTANBURG COUNTY 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; AND TO ALLOW EMPLOYEES OF THE SEVEN SCHOOL DISTRICTS

Printed Page 1792 . . . . . Wednesday, March 19, 2003

OF SPARTANBURG COUNTY VOLUNTARILY TO TAKE UP TO FOUR DAYS OF UNPAID LEAVE.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

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.

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.

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.

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,

Printed Page 1793 . . . . . Wednesday, March 19, 2003

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 CONGRESSIONAL DISTRICT, THE FIRST AFRICAN AMERICAN WOMAN ELECTED TO THE UNITED STATES HOUSE OF REPRESENTATIVES FROM OHIO, AND THE FIRST AFRICAN AMERICAN WOMAN EVER NAMED TO SERVE ON THE WAYS AND MEANS COMMITTEE OF THE UNITED STATES HOUSE OF REPRESENTATIVES, FOR HER DISTINGUISHED SERVICE TO THE PEOPLE OF HER DISTRICT, STATE, AND COUNTRY DURING HER TENURE AS A MEMBER OF THE CONGRESS OF THE UNITED STATES.

H. 3824 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO RECEIVED STATEWIDE DECA AWARDS IN MARKETING COMPETITION IN COLUMBIA RECENTLY, COMMEND THEM FOR THEIR ACADEMIC PROWESS AND ENTREPRENEURIAL SPIRIT, AND WISH THEM AND THEIR TEACHER AND ADVISOR, CARL VADASZ, WELL AS THEY COMPETE ON THE NATIONAL LEVEL APRIL 26-29, 2003, IN ORLANDO, FLORIDA.

ADJOURNMENT

At 4:40 p.m. the House, in accordance with the motion of Rep. HOWARD, adjourned in memory of Mrs. Essie Ford, to meet at 9:30 a.m. tomorrow.

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