South Carolina House Journal - March 25, 2003 - South Carolina Legislature Online

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

Printed Page 1880 . . . . . Tuesday, March 25, 2003

Tuesday, March 25, 2003
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

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

Our thought for today is from Psalm 94:14: "For the Lord will not forsake His people, He will not abandon His heritage."
Let us pray. Merciful God, share Your strengthening, comforting gifts in all the situations of our life. Lord, guide us to be servants of You and the people of this State. Bless us as we continue the work in this place for the people of South Carolina.
For our Armed Forces, especially for those in harm's way, protect them with Your presence, keep their senses aware of the dangers which surround them. Lead and guide those in command. Provide for us the patience and integrity to be what You want us to be. To the one Holy God, we pray. Amen.

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

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

MOTION ADOPTED

Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Gary Atkinson of Rock Hill, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Staff Sgt. Jason Hicks, flight engineer of the 41st Rescue Squadron, of Pageland who was killed in the line of duty in Afghanistan.

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COMMITTEE OFFICER

The following was received:

INVITATIONS AND MEMORIAL
RESOLUTIONS COMMITTEE

March 20, 2003
The Honorable David H. Wilkins
Speaker
South Carolina House of Representatives
Post Office Box 11867
Columbia, SC 29211

Dear Speaker Wilkins:
This letter is to inform you that the South Carolina House of Representatives Invitations and Memorial Resolutions Committee has unanimously elected Rep. Herbert Kirsh as Vice-Chairman.
Please let me know if you have any questions concerning Mr. Kirsh's appointment. Again, it is an honor and a privilege to serve as chairman of this committee.

Sincerely,
Robert W. Leach, Sr.
Received as information.

R. 24, H. 3698--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 21, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211

Printed Page 1882 . . . . . Tuesday, March 25, 2003

Mr. Speaker and Members of the House:
I am returning without my approval H. 3698 (Word version), R.24: 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 OF SPARTANBURG COUNTY VOLUNTARILY TO TAKE UP TO FOUR DAYS OF UNPAID LEAVE.
This veto is based upon my belief that H. 3698, R. 24 is unconstitutional.
Though well-intentioned as it might be, H. 3698, R. 24 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like H. 3698, R. 24 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of H. 3698, R. 24 renders this Joint Resolution unconstitutional. For this reason, I am returning H. 3698, R. 24 to you without my signature.

Sincerely,
Mark Sanford
Governor

Printed Page 1883 . . . . . Tuesday, March 25, 2003

R. 23, H. 3672--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 21, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3672 (Word version), R. 23: A JOINT RESOLUTION 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.
This veto is based upon my belief that H. 3672, R. 23 is unconstitutional.
Though well-intentioned as it might be, H. 3672, R. 23 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). Although H. 3672, R. 23 provides that the Legislative Delegation should ascertain whether the local school board of trustees supports excusing missed school days, H. 3672, R. 23 continues to require the General Assembly to excuse missed school days by special legislation. The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of special legislation that provides an exemption from the mandatory make-up requirement for missed school days demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.

Printed Page 1884 . . . . . Tuesday, March 25, 2003

In summary, I believe the specific nature of H. 3672, R. 23 renders this Act unconstitutional. For this reason, I am returning H. 3672, R. 23 to you without my signature.

Sincerely,
Mark Sanford
Governor

REPORTS OF STANDING COMMITTEES

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

H. 3054 (Word version) -- Reps. Walker, Hinson and Cotty: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
Ordered for consideration tomorrow.

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

H. 3826 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SC 176 BETWEEN SPARTANBURG AND UNION, WEST MAIN STREET WEST OF THE TOWN OF PACOLET IN SPARTANBURG COUNTY IN HONOR OF VOIGT MILTON EPTING FOR HIS DEDICATION TO EDUCATING THE YOUNG PEOPLE OF THE STATE AND INSTALL APPROPRIATE MARKERS OR SIGNS DENOTING THE "VOIGT MILTON EPTING INTERSECTION".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3834 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown,

Printed Page 1885 . . . . . Tuesday, March 25, 2003

J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF WILBUR "WIL" F. KING III, OF KINSTON, NORTH CAROLINA, SATURDAY, MARCH 15, 2003, AND TO CONVEY DEEPEST SYMPATHY TO HIS STEP-FATHER, OUR COLLEAGUE, REPRESENTATIVE BOB LEACH AND TO THE REST OF HIS LOVING FAMILY AND MANY FRIENDS.

Whereas, the members of the House of Representatives were deeply saddened by the death of Wilbur "Wil" Fred King III, of Kinston, North Carolina, on March 15, 2003, at the age of thirty-six; and

Whereas, Mr. King was a graduate of Arendell Parrott Academy and a devoted member of Gordon Street Christian Church in Kinston, North Carolina. He attended Campbell University and faithfully served in the United States Army 82nd Airborne Division; and

Whereas, Mr. King was vice-president of King's Restaurant in Kinston, a member and past chairman of the Tourism Development Authority, preservation chairman of the Lenoir County Battlefield Commission, and a member of Eagle Scout Troop 41 from his home church; and

Whereas, Mr. King was a member of the Richard Caswell Masonic Lodge #705, New Bern Scottish Rites and Sudan Temple, Lenoir

Printed Page 1886 . . . . . Tuesday, March 25, 2003

County Shrine Club, and was the holder of a United States Coast Guard Captains' License; and

Whereas, the House of Representatives extends its sympathy to the family and friends of Wilbur "Wil" Fred King III. He is survived by his mother, Marilynn Lee Leach and her husband, South Carolina Representative Bob Leach; father, Wilbur Fred King, Junior and wife, Carolyn; daughter, Ariel Nicole King; sister, Marilynn Jai Lee Morgan; brother, Samuel Speight King and wife, Leslie Ann; grandmother, Margaret Joyner King; and special friend, Samantha Harper. He was predeceased by his maternal grandparents, Howard Monroe, Senior, (nee Juanita Westbrook), and his paternal grandfather, Wilbur Fred King, Senior. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, express their profound sorrow upon the death of Wilbur "Wil" Fred King III, of Kinston, North Carolina, Saturday, March 15, 2003, and convey deepest sympathy to his step-father, our colleague, Representative Bob Leach and to the rest of his loving family and many friends.

Be it further resolved that a copy of this resolution be forwarded to his daughter, Ariel Nicole King, Wilmington, North Carolina.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3835 (Word version) -- Reps. Parks, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence,

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J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE JOAN C. SCOTT OF COLUMBIA FOR BEING THE FIRST AFRICAN AMERICAN TO HOLD THE POSITION OF PRESIDENT OF THE PALMETTO CABINET AND ON BEING THE IMMEDIATE PAST PRESIDENT OF THE PALMETTO CABINET, COMMEND HER FOR HER MANY CONTRIBUTIONS AS PRESIDENT OF THE PALMETTO CABINET, AND WISH HER MUCH SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3836 (Word version) -- Reps. Haskins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE GENUINE APPRECIATION AND THANKS OF THE MEMBERS

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OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE STEADFAST SUPPORT AND LOYALTY OF SPAIN AS AN ALLY OF THE UNITED STATES THROUGHOUT THE IRAQI CRISIS, TO COMMEND THE LEADERS OF THE GOVERNMENT OF SPAIN FOR THEIR COURAGE IN THE FACE OF POPULAR OPPOSITION TO THE INVASION OF IRAQ TO REPLACE SADDAM HUSSEIN AND RID IRAQ OF WEAPONS OF MASS DESTRUCTION, AND TO URGE A CONTINUATION OF GOOD RELATIONS BETWEEN SPAIN AND THE UNITED STATES IN THE YEARS TO COME.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 503 (Word version) -- Senators McConnell, Ritchie, Kuhn, Branton, Ravenel, Mescher, Pinckney, Ford and Grooms: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA PORTS AUTHORITY BOARD FOR ITS DILIGENT EFFORTS IN WORKING WITH THE CITY OF NORTH CHARLESTON AND THE CHARLESTON NAVAL BASE REDEVELOPMENT AUTHORITY TO SECURE A LOCATION FOR A NEW MARINE CARGO TERMINAL ON THE FORMER CHARLESTON NAVAL BASE AND TO ENCOURAGE THE EXPEDITIOUS ISSUANCE OF THE NECESSARY PERMITS FOR THAT FACILITY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 505 (Word version) -- Senators Jackson, Courson, Giese and Patterson: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNING BODY OF THE CITY OF COLUMBIA TO SET A DATE FOR AN ELECTION SO THAT THE ELECTORS OF THE CITY MAY VOTE TO CHANGE THE FORM OF GOVERNMENT FROM THE

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COUNCIL-MANAGER FORM PRESENTLY USED BY THE CITY OR TO RETAIN THAT FORM OF GOVERNMENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 3837 (Word version) -- Rep. Hayes: A BILL TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT MEMBERS MAY BE PAID FOR NOT MORE THAN TWELVE MEETINGS A YEAR RATHER THAN TEN.
On motion of Rep. HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3838 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
Referred to Committee on Judiciary

H. 3839 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO INCLUDE ON THE UNIFORM TRAFFIC

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TICKET OFFENSES RELATING TO LIVESTOCK AND POULTRY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3840 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-4270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION TO OBTAIN BINGO CARDS, SO AS TO DELETE THE OPTION TO PAY FOR THE CARDS BY CHECK AND CORRESPONDING PROCEDURES IN CONNECTION WITH A CHECK RETURNED BY THE DRAWEE BANK.
Referred to Committee on Ways and Means

H. 3841 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4275 SO AS TO PROHIBIT THE DISTRIBUTION OF BINGO CARDS TO AN UNLICENSED PERSON AND TO PROVIDE FOR PERMANENT LICENSE REVOCATION FOR UNAUTHORIZED DISTRIBUTION; AND TO AMEND SECTION 12-21-3940, RELATING TO A LICENSE TO CONDUCT BINGO, SO AS TO INCREASE TO FORTY-FIVE THE NUMBER OF DAYS THE DEPARTMENT OF REVENUE HAS BEFORE ACCEPTANCE OR REJECTION OF AN APPLICATION.
Referred to Committee on Ways and Means

H. 3842 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-4020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF BINGO LICENSES, SO AS TO LIMIT GROSS PROCEEDS FOR A CLASS C BINGO GAME TO ONE HUNDRED THOUSAND DOLLARS A CALENDAR QUARTER AND TO REQUIRE PAYMENT OF TAX AND APPLICATION FOR A CLASS B LICENSE IF THE GROSS PROCEEDS EXCEED THAT AMOUNT IN ANY QUARTER; AND TO AMEND SECTION 12-21-4210, AS AMENDED, RELATING TO SALE OR TRANSFER OF BINGO CARDS, SO AS TO PROVIDE FOR A DEPARTMENT AUDIT OF A LICENSEE CONVERTING FROM A CLASS C TO A CLASS B LICENSE TO DETERMINE THE TAX OWED.
Referred to Committee on Ways and Means

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S. 419 (Word version) -- Senators J. V. Smith, Fair, Hutto, McConnell, Moore, Rankin and Richardson: A BILL TO AMEND SECTION 44-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE EXEMPTION FOR OFFICES OF LICENSED PRIVATE PRACTITIONERS AND REQUIRE THAT A LICENSED PRIVATE PRACTITIONER OBTAIN A CERTIFICATE OF NEED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE UNDERTAKING CONSTRUCTION OR ESTABLISHMENT OF A NEW HEALTH CARE FACILITY OR ACQUIRING CERTAIN MEDICAL EQUIPMENT USED FOR DIAGNOSIS OR TREATMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 501 (Word version) -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT 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 AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
On motion of Rep. DELLENEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 3843 (Word version) -- Reps. Jennings, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine,

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Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON LEARNING OF THE DEATH OF PRIVATE FIRST CLASS SPENCE MCNEIL OF BENNETTSVILLE AND TO EXTEND DEEPEST SYMPATHY TO HIS LOVING FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3844 (Word version) -- Reps. Harrison, J. E. Smith, Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Quinn, Rutherford and Scott: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE DREHER HIGH SCHOOL SAT TEAM OF COLUMBIA FOR THEIR HARD WORK AND RECENT ACCOMPLISHMENTS, INCLUDING BEING NAMED THE CLASS AAA LOWER STATE AND STATE CHAMPIONS FOR 2003.

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

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CONCURRENT RESOLUTION

The following was introduced:

H. 3845 (Word version) -- Reps. Harrison, J. E. Smith, Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Quinn, Rutherford and Scott: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE DREHER HIGH SCHOOL GIRLS' BASKETBALL TEAM AND TO THEIR COACH, TERESA JONES, OF COLUMBIA ON THEIR REMARKABLE SEASON AND ON CAPTURING THE CLASS AAA STATE CHAMPIONSHIP TITLE ON SATURDAY, MARCH 8, 2003.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3846 (Word version) -- Reps. Harrison, J. E. Smith, Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Quinn, Rutherford and Scott: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE DREHER HIGH SCHOOL DRAMA DEPARTMENT AND THE DREHER DRAMA DEVILS OF COLUMBIA FOR THEIR OUTSTANDING PERFORMANCES AT THIS YEAR'S PALMETTO DRAMATICS ASSOCIATION'S DRAMA FESTIVAL, FOR RECEIVING A SUPERIOR RATING, AND FOR BEING THE HIGHEST POINT WINNERS OF THE FESTIVAL.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3847 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO COMMEND COACH CALHOUN F. "CALLY" GAULT OF CLINTON FOR OVER FORTY YEARS OF OUTSTANDING SERVICE AS THE HEAD COACH AND ATHLETIC DIRECTOR

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AT NORTH AUGUSTA HIGH SCHOOL IN NORTH AUGUSTA AND AT PRESBYTERIAN COLLEGE IN CLINTON.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3848 (Word version) -- Reps. Sandifer, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND DR. PAUL A. SANDIFER, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES, UPON THE OCCASION OF HIS RETIREMENT ON APRIL 1, 2003, FOR HIS OUTSTANDING LEADERSHIP AND MANY ACCOMPLISHMENTS DURING HIS THIRTY-ONE YEARS OF DISTINGUISHED PUBLIC SERVICE, TO EXPRESS THE DEEP APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR HIS DEDICATION AND FAITHFUL SERVICE ON BEHALF OF THE PEOPLE AND THE RESOURCES OF THE STATE OF SOUTH CAROLINA, AND TO WISH HIM GOOD

Printed Page 1895 . . . . . Tuesday, March 25, 2003

HEALTH AND MUCH SUCCESS IN ALL HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3849 (Word version) -- Reps. Miller and Snow: A CONCURRENT RESOLUTION TO CONGRATULATE THE GEORGETOWN COUNTY GOVERNMENT ON RECEIVING THE "COUNTIES CARE FOR KIDS AWARD" FROM THE NATIONAL ASSOCIATION OF COUNTIES AND TO COMMEND THEM FOR THEIR OUTSTANDING COMMITMENT TO EDUCATION.

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

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gourdine
Govan                  Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis

Printed Page 1896 . . . . . Tuesday, March 25, 2003

Lourie                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Scott                  Sheheen                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 25.

Gary Simrill                      Todd Rutherford
Seth Whipper                      Bill Cotty
Olin Phillips                     Bessie Moody-Lawrence

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. SINCLAIR a leave of absence for the week.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GILHAM a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Terry Dodge of Rock Hill is the Doctor of the Day for the General Assembly.

Printed Page 1897 . . . . . Tuesday, March 25, 2003

CO-SPONSORS ADDED AND REMOVED

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

CO-SPONSOR ADDED

Bill Number: H. 3744 (Word version)
Date: ADD:
03/25/03 KOON

CO-SPONSOR ADDED

Bill Number: H. 3744 (Word version)
Date: ADD:
03/25/03 FRYE

CO-SPONSOR ADDED

Bill Number: H. 3190 (Word version)
Date: ADD:
03/25/03 TALLEY

CO-SPONSOR ADDED

Bill Number: H. 3128 (Word version)
Date: ADD:
03/25/03 SKELTON

Printed Page 1898 . . . . . Tuesday, March 25, 2003

CO-SPONSOR REMOVED

Bill Number: H. 3777 (Word version)
Date: REMOVE:
03/25/03 LUCAS

SENT TO THE SENATE

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

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 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

Printed Page 1899 . . . . . Tuesday, March 25, 2003

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 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

Printed Page 1900 . . . . . Tuesday, March 25, 2003

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 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

Printed Page 1901 . . . . . Tuesday, March 25, 2003

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 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

Printed Page 1902 . . . . . Tuesday, March 25, 2003

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.

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 1903 . . . . . Tuesday, March 25, 2003

ORDERED TO THIRD READING

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

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

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.

Rep. MCGEE explained the Joint Resolution.

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.

Rep. MCGEE explained the Joint Resolution.

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 CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF

Printed Page 1904 . . . . . Tuesday, March 25, 2003

THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.

Rep. VAUGHN explained the Joint Resolution.

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.

Rep. LIMEHOUSE explained the Bill.

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 NATIONAL GUARD PERSONNEL SERVING IN OR NEAR A HAZARD DUTY ZONE.

Rep. HARRELL explained the Bill.

Printed Page 1905 . . . . . Tuesday, March 25, 2003

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.

Rep. DELLENEY explained the Bill.

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.

Rep. CLEMMONS explained the Bill.

H. 3442 (Word version) -- Reps. Sandifer, 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, 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

Printed Page 1906 . . . . . Tuesday, March 25, 2003

THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THESE PROVISIONS.

Rep. GOVAN explained the Bill.

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 TAG WHILE A PERSON'S PRIVILEGES ARE SUSPENDED AND TO PROVIDE APPROPRIATE PENALTIES.

Rep. RHOAD explained the Bill.

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.

Rep. RHOAD explained the Bill.

S. 340--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1426MM03), which was adopted:

Printed Page 1907 . . . . . Tuesday, March 25, 2003

Amend the bill, as and if amended, Section 9-21-60 as found in SECTION 1, page 4, by deleting the section in its entirety and inserting:
/ Section 9-21-60. Upon exhaustion of the agency remedy set out in this chapter, a claimant may seek review of the retirement systems' final decision by filing a request for a contested case hearing with the Administrative Law Judge Division within thirty calendar days after the claimant receives the retirement systems' final decision. The Administrative Law Judge Division must review the decision of the retirement systems de novo in accordance with its rules of procedure. If a claimant requests consideration by the Administrative Law Judge Division before having exhausted the claimant's agency remedy, the Administrative Law Judge Division must dismiss the request without prejudice. /
Renumber sections to conform.
Amend title to conform.

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

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

S. 341--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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

Printed Page 1908 . . . . . Tuesday, March 25, 2003

DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1364MM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Section 1-11-440. (A) The State must defend the members of the State Budget and Control Board against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the board and must indemnify these members for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. The State must defend officers and employees of the board against a claim or suit that arises out of or by virtue of performance of official duties unless the officer or employee was acting in bad faith and must indemnify these officers and employees for a loss or judgment incurred by them as a result of such claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to members, officers, and employees of the board after they have left their employment with the board if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the board.

(B) The State must defend the members of the Retirement Systems Investment Panel established pursuant to Section 16, Article X of the Constitution of this State and Section 9-16-310 against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the panel and must indemnify these members for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to members of the panel after they have left their service with the panel if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the panel."

Printed Page 1909 . . . . . Tuesday, March 25, 2003

SECTION 2. This act takes effect upon approval by the Governor and applies to a claim or suit filed on or after that date. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3306--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22989HTC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-20-50 of the 1976 Code is amended by adding a new subsection at the end to read:

"(C) In addition to the provisions of subsection (B) of this section, a holding company may reduce its paid-in capital surplus by the portion of contributions to 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 started is located in an Economic Impact Zone as defined in Section 12-14-30. A reduction is only allowed pursuant to this

Printed Page 1910 . . . . . Tuesday, March 25, 2003

subsection for the paid-in capital surplus of the holding company attributable to this contribution to capital for expansion. Additionally, no reduction is allowed unless the expansion is completed within three years of the first contribution to capital received by the holding company, but this three-year limitation may be extended by the Department of Revenue upon written application and good cause shown. Amounts previously excluded in paid-in capital surplus pursuant to this subsection must be included in the first license tax year beginning after the period allowed for the expansion if the expansion is not timely completed."
SECTION 2. This act takes effect upon approval by the Governor and applies for contributions to capital for expansion made after August 2002. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3528--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11423AC03), which was adopted:

Printed Page 1911 . . . . . Tuesday, March 25, 2003

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-63-55. (A) The state registrar shall develop a form entitled 'Certificate of Birth Resulting in Stillbirth' for distribution to all South Carolina delivering hospitals. The hospital shall provide and offer to complete this form, prior to discharge, for mothers whose delivery resulted in a fetal death of twenty completed weeks of gestation or more or a weight of three hundred fifty grams or more. The 'Certificate of Birth Resulting in Stillbirth' must be filed with the county registrar within three days following the delivery. The 'Certificate of Birth Resulting in Stillbirth' does not constitute proof of a live birth and does not replace the requirement to file a Report of Fetal Death as required in Regulation 61-19, Section 21.

(B) The person preparing the 'Certificate of Birth Resulting in Stillbirth' pursuant to this section shall leave blank any reference to the stillborn's name if the parent or parents do not provide this information.
SECTION 2. This act takes effect upon approval of the Governor./
Renumber sections to conform.
Amend title to conform.

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

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

S. 168--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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.

Rep. OTT proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\9692DJC03), which was adopted:

Printed Page 1912 . . . . . Tuesday, March 25, 2003

Amend the bill, as and if amended, SECTION 1, Section 50-11-10(C), page 2, line 12, by striking /one/ and inserting/ two /.
Amend title to conform.

Rep. RHOAD explained the amendment.
Rep. OTT spoke in favor of the amendment.

The amendment was then adopted.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9586DJC03), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 50-11-10(C), page 2, line 9, by striking /twenty-five/ and inserting / two hundred / and on line 12, by striking /one/ and inserting / two /.
So when amended, Section 50-11-10(C) reads:

/ "(C) A person who violates a provision of subsection (A), with the exception of those provisions specified in subsection (B), is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days for each offense. A person who violates a provision of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days for each offense." /
Amend title to conform.

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

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

H. 3613--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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 1913 . . . . . Tuesday, March 25, 2003

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

Reps. RHOAD, WITHERSPOON, OTT and DUNCAN proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\ 9585DJC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-2570 of the 1976 Code, as last amended by Act 340 of 1994, is further amended by adding:
"(C) A person taking a furbearing animal under authority of a depredation permit may not dispose of the animal commercially. A person taking a furbearing animal in accordance with a depredation permit must report the number and type of animal taken to the department on forms prescribed by the department within twenty-one days of the expiration of the permit. A permit issued for the removal of destructive beavers is valid for a period of not less than one year from the date of issue."/
So when amended, Section 50-11-2570 reads:
/Section 50-11-2570. (A) The department may issue special permits, at no cost to the applicant, for the taking, capturing, or transportation of a furbearing animal or another game animal which is destroying or damaging private or public property, timber, or growing crops so as to be a nuisance or for scientific or research purposes.

(B) The permit provided in subsection (A) is not required by the property owner or his designee when capturing furbearing animals or squirrels within one hundred yards of the owner's home when the animal is causing damage to the home or the owner's property. An animal captured pursuant to this subsection must be destroyed or with a department permit may be relocated.

(C) A person taking a furbearing animal under authority of a depredation permit may not dispose of the animal commercially. A person taking a furbearing animal in accordance with a depredation permit must report the number and type of animal taken to the department on forms prescribed by the department within twenty-one days of the expiration of the permit. A permit issued for the removal of destructive beavers is valid for a period of not less than one year from the date of issue."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Printed Page 1914 . . . . . Tuesday, March 25, 2003

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

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9584DJC03), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-2570 of the 1976 Code, as last amended by Act 340 of 1994, is further amended by adding:
"(C) A person taking a furbearing animal under authority of a depredation permit may not dispose of the animal commercially. A person taking a furbearing animal in accordance with a depredation permit must report the number and type of animal taken to the department on forms prescribed by the department within twenty-one days of the expiration of the permit. Notwithstanding any other provision of law, a permit is not required for the removal of destructive beavers."/
So when amended, Section 50-11-2570 reads:
/Section 50-11-2570. (A) The department may issue special permits, at no cost to the applicant, for the taking, capturing, or transportation of a furbearing animal or another game animal which is destroying or damaging private or public property, timber, or growing crops so as to be a nuisance or for scientific or research purposes.

(C) A person taking a furbearing animal under authority of a depredation permit may not dispose of the animal commercially. A person taking a furbearing animal in accordance with a depredation permit must report the number and type of animal taken to the department on forms prescribed by the department within twenty-one days of the expiration of the permit. Notwithstanding any other provision of law, a permit is not required for the removal of destructive beavers."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Printed Page 1915 . . . . . Tuesday, March 25, 2003

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

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

H. 3077--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9583DJC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-13-1189 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-13-1189. Unless specifically allowed by this chapter, it is unlawful for ~~any~~ a person to have game fish in his possession ~~game fish or fishing tackle capable of catching game fish~~ while fishing ~~for nongame fish~~ with nongame tackle authorized for use by this chapter. The provisions of this section do not apply to a person whose nongame tackle consists of bows and arrows or cast nets."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.

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

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

Printed Page 1916 . . . . . Tuesday, March 25, 2003

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, April 1, which was agreed to.

H. 3607--RECALLED FROM ANDERSON DELEGATION

On motion of Rep. TOWNSEND, with unanimous consent, the following Joint Resolution was ordered recalled from the Anderson Delegation:

H. 3607 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE WEEK OF DECEMBER 2 THROUGH DECEMBER 6, 2002, BY THE STUDENTS OF ANY SCHOOL IN SCHOOL DISTRICT 1 OF ANDERSON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 320--RECALLED FROM COMMITTEE ON WAYS AND MEANS

On motion of Rep. COOPER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:

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.

Printed Page 1917 . . . . . Tuesday, March 25, 2003

H. 3326--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry:

H. 3326 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT BY NATIVE AMERICAN TRIBES, SO AS TO DELETE CERTAIN REFERENCES TO TRIBAL UNITS.

SENT TO THE SENATE

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

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.

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

Printed Page 1918 . . . . . Tuesday, March 25, 2003

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.

H. 3802--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3802 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ALONG COUNTRY CLUB DRIVE IN THE COUNTY OF DILLON FOR THE HONORABLE WILLIAM BLEDSOE HAWKINS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "WILLIAM BLEDSOE HAWKINS BRIDGE".

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 along Country Club Drive in the County of Dillon for the Honorable William Bledsoe Hawkins and to install appropriate markers or signs at the bridge containing the words "William Bledsoe Hawkins Bridge".

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.

RECURRENCE TO THE MORNING HOUR

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

Printed Page 1919 . . . . . Tuesday, March 25, 2003

INTRODUCTION OF BILL

The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 3850 (Word version) -- Reps. Ceips, Gilham, Herbkersman and Lloyd: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE APRIL 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BEAUFORT, SOUTH CAROLINA, TO THE CITY OF BEAUFORT.
On motion of Rep. CEIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 3851 (Word version) -- Rep. Richardson: A CONCURRENT RESOLUTION TO CONGRATULATE COZETTE STACY NOWAK OF FORT MILL ON WINNING THE MS. SOUTH CAROLINA SENIOR CLASSIC 2002, TO COMMEND HER FOR HER MANY CONTRIBUTIONS AS MS. SOUTH CAROLINA SENIOR AND TO THE COMMUNITY, AND TO WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

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

S. 9--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, March 26, which was adopted:

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

Printed Page 1920 . . . . . Tuesday, March 25, 2003

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 TO THIRD READING

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

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.

Rep. TOWNSEND explained the Joint Resolution.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3833 (Word version) -- Rep. J. H. Neal: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE HIS EXCELLENCY THE FIRST PRESIDENT OF THE REPUBLIC OF ZAMBIA, DR. KENNETH DAVID KAUNDA, FOR HIS CHARISMATIC POLITICAL

Printed Page 1921 . . . . . Tuesday, March 25, 2003

LEADERSHIP AND HIS OUTSTANDING LIFE ACCOMPLISHMENTS.

ADJOURNMENT

At 1:10 p.m. the House, in accordance with the motion of Rep. SIMRILL, adjourned in memory of Gary Atkinson of Rock Hill, to meet at 10:00 a.m. tomorrow.

***

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