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 Psalms 33:12: "Happy is the Nation whose God is the Lord, the people who He has chosen as His heritage."
Let us pray. Lord God of power and might, descend upon Your people here assembled. Grant them wisdom and strength to choose the right and the best for the people of this State. Lord, give us opportunities to affirm others and the desire to do so. Help us to work together in the spirit of love and gracefulness. Be our ever present help. Hear our prayer. Amen.

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

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

Rep. CLEMMONS moved that when the House adjourns, it adjourn in memory of Officer Joseph McGarry of Myrtle Beach who was killed in the line of duty, which was agreed to.

The following was received:

Columbia, S.C., January 16, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 292, S. 963 (Word version) by a vote of 0 to 45.

(R.292, S. 963) -- Senator Martin: AN ACT TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THE PROVISIONS THAT PROVIDE THAT IT IS UNLAWFUL TO PASS A STOPPED SCHOOL BUS MUST BE TRIED IN MAGISTRATE'S COURT, AND PROVIDE A DEFINITION FOR PRIOR OFFENSES.

Very respectfully,
President
Received as information.

The following was received:

January 16, 2003
The Honorable Karl B. Allen
330A Blatt Building
Columbia, South Carolina 29211

Dear Karl:

It is with pleasure that I appoint you to serve on the Judiciary Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.

I look forward to working with you in the coming year.

Sincerely,
David H. Wilkins
Speaker of the House
Received as information.

The following was received:

January 16, 2003
The Honorable Phil Owens
418B Blatt Building
Columbia, South Carolina 29211

Dear Phil:

It is with pleasure that I appoint you to serve on the Education and Public Works Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.

I look forward to our working together.

Sincerely,
David H. Wilkins
Speaker of the House
Received as information.

The following was received:

January 16, 2003
The Honorable William G. Herbkersman
434A Blatt Building
Columbia, South Carolina 29211

Dear Bill:

It is with pleasure that I appoint you to serve on the Agriculture, Natural Resources and Environmental Affairs Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.

I look forward to working with you in this year.

Sincerely,
David H. Wilkins
Speaker of the House
Received as information.

The following were received and referred to the appropriate committees for consideration:

Document No. 2800
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-2-50
Environmental Protection Fees
Received by Speaker of the House of Representatives
January 21, 2003
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 30, 2003

Document No. 2803
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-37-30 and Act 225 of 2002
Neonatal Screening for Inborn Metabolic Errors and Hemoglobinopathies
Received by Speaker of the House of Representatives
January 21, 2003
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 30, 2003

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

H. 3356 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Harrell, J. Brown, Cato, Witherspoon, Townsend and Chellis: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 22, 2003, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

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

That his Excellency, Marshall Clement (Mark) Sanford, Jr., Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 22, 2003, in the Chamber of the South Carolina House of Representatives.

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

The Senate sent to the House the following:

S. 221 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE BOAT RAMP LOCATED AT THE INTERSECTION OF HIGHWAY 9 AND HIGHWAY 17 IN HORRY COUNTY THE "T. CRAIG CAMPBELL BOAT LANDING" AND TO INSTALL APPROPRIATE SIGNS CONTAINING THE WORDS "T. CRAIG CAMPBELL BOAT LANDING" ON THE PROPERTY THROUGH LOCALLY GENERATED FUNDING BY THE DEPARTMENT OF NATURAL RESOURCES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3357 (Word version) -- Rep. Bingham: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE GOVERNOR'S SCHOOL FOR TEACHING, LEARNING, AND TECHNOLOGY AS A RESOURCE FOR ALL PUBLIC SCHOOLS IN THE STATE, TO PROVIDE FOR A GOVERNING BOARD FOR THE SCHOOL, AND TO PROVIDE FOR THE MANNER THE SCHOOL IS ESTABLISHED, OPERATED, AND FUNDED.
Referred to Committee on Education and Public Works

H. 3358 (Word version) -- Reps. Bingham and Toole: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO PUBLIC LIBRARIES AND TO DEFINE PUBLIC LIBRARIES FOR THIS PURPOSE.
Referred to Committee on Judiciary

H. 3359 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70, SO AS TO PROVIDE THAT AN OFFICER OR EMPLOYEE OF THE STATE OR A LOCAL GOVERNMENT AGENCY MAY NOT USE A VOICE MAIL SYSTEM IF THE OFFICER OR EMPLOYEE IS AT HIS REGULARLY ASSIGNED WORKSTATION AND HIS TELEPHONE IS FUNCTIONAL AND AVAILABLE FOR USE UNLESS THE VOICE MAIL SYSTEM PROVIDES THE CALLER WITH ACCESS TO A NONELECTRONIC ATTENDANT OR AUTOMATICALLY TRANSFERS THE CALLER TO A NONELECTRONIC ATTENDANT.
Referred to Committee on Ways and Means

H. 3360 (Word version) -- Reps. R. Brown and Rhoad: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO FOUR IN ANY ONE DAY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
Referred to Committee on Education and Public Works

H. 3362 (Word version) -- Rep. Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-7-15 SO AS TO ALLOW LIFE AND HEALTH INSURERS TO ELECT TO PAY THE GENERAL CORPORATE TAX ON NET INCOME INSTEAD OF THE PREMIUM TAX; BY ADDING SECTION 38-7-95 SO AS TO CREATE A LIMITED EMPLOYMENT TAX CREDIT AGAINST EITHER THE PREMIUM TAX OF THE INCOME TAX FOR ALL INSURANCE COMPANIES BASED UPON A PERCENTAGE OF NONCOMMISSION COMPENSATION PAID TO SOUTH CAROLINA EMPLOYEES; BY ADDING SECTION 38-7-97 SO AS TO PROVIDE A CREDIT FOR MUNICIPAL LICENSE FEES AND TAXES FOR INSURANCE COMPANIES ORGANIZED AS LIFE AND HEALTH INSURERS; TO AMEND SECTION 12-6-50, RELATING TO INTERNAL REVENUE CODE SECTIONS SPECIFICALLY NOT ADOPTED BY THE STATE, SO AS TO PRESERVE INTERNAL REVENUE CODE SECTIONS 801 THROUGH 845 FROM EXCLUSION IN THE CASE OF LIFE AND HEALTH INSURERS ELECTING TO PAY THE INCOME TAX; TO AMEND SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM TAXES IMPOSED BY SECTIONS 12-6-530 AND 12-6-540, SO AS TO EXCLUDE LIFE AND HEALTH INSURERS ELECTING TO PAY THE INCOME TAX FROM THE EXEMPTION; TO AMEND SECTION 12-6-2290, RELATING TO THE APPORTIONMENT OF REMAINING NET INCOME WHERE PRINCIPAL PROFITS OR INCOME DERIVED FROM SOURCES NOT OTHERWISE DESCRIBED, SO AS TO PROVIDE FOR THE APPORTIONMENT OF LIFE AND HEALTH INSURER INCOME ALLOCATED TO SOUTH CAROLINA ACCORDING TO A ONE-FACTOR FORMULA BASED ON PREMIUMS; TO AMEND SECTION 12-6-5020, RELATING TO THE AUTHORIZED FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN, SO AS TO PROVIDE RULES PERTAINING TO CONSOLIDATED RETURNS FOR LIFE AND HEALTH INSURERS ELECTING TO PAY THE INCOME TAX; TO AMEND SECTION 38-7-90, RELATING TO RETALIATORY TAXES, SO AS TO PROVIDE AN EXEMPTION UNDER CERTAIN CIRCUMSTANCES FOR LIFE AND HEALTH INSURERS DOMICILED IN ANOTHER STATE; TO AMEND SECTION 38-7-190, RELATING TO TAX CREDITS, SO AS TO PROVIDE THAT SPECIFIED TAX CREDITS MAY NOT BE RECAPTURED FROM FOREIGN INSURANCE COMPANIES THROUGH THE RETALIATORY TAX PROVIDED PURSUANT TO SECTION 38-7-90; AND TO AMEND SECTION 38-29-160, RELATING TO PRODUCTION OF THE CERTIFICATE OF CONTRIBUTIONS, THE OFFSET OF A WRITE-OFF AGAINST TAX LIABILITY, AND THE PAYMENT OF CERTAIN REFUNDS TO THE STATE, SO AS TO EXTEND THE PREMIUM TAX OFFSET FOR LIFE AND HEALTH GUARANTY ASSOCIATION ASSESSMENTS TO THE INCOME TAX.
Referred to Committee on Ways and Means

H. 3363 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3395 SO AS TO ALLOW A TAX CREDIT OF FIFTEEN PERCENT OF THE TOTAL AMOUNT OF PREMIUMS PAID BY A TAXPAYER PURSUANT TO A LONG-TERM CARE INSURANCE CONTRACT, UP TO THREE HUNDRED FIFTY DOLLARS FOR EACH TAXABLE YEAR FOR EACH CONTRACT, AND TO PROHIBIT A DOUBLE BENEFIT.
Referred to Committee on Ways and Means

H. 3364 (Word version) -- Reps. Snow, Kennedy, Battle, Hayes, Rhoad, Branham, Witherspoon, Barfield and Coates: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE TAX ON TOBACCO PRODUCTS, SO AS TO REDUCE THE CIGARETTE TAX FROM SEVEN CENTS A PACK TO TWO CENTS A PACK AND TO DEDICATE ALL REVENUE OF THE LICENSE TAX ON CIGARETTES TO THE MEDICAID EXPANSION FUND.
Referred to Committee on Ways and Means

H. 3365 (Word version) -- Reps. Townsend, Altman, Gilham, J. Hines and J. M. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-5 SO AS TO PROVIDE FOR THE ESTABLISHMENT AND DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES, THE DEPARTMENT OF MOTOR VEHICLES COMMISSION, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES; AND TO AMEND SECTION 56-1-10, AS AMENDED, SO AS TO REVISE THE DEFINITION OF THE TERM "DEPARTMENT".
Referred to Committee on Education and Public Works

H. 3366 (Word version) -- Rep. Ott: A JOINT RESOLUTION ALLOWING A CORPORATE INCOME TAX CREDIT EQUAL TO TEN PERCENT OF AMOUNTS EXPENDED BY A MANUFACTURER TO PROVIDE AN ADEQUATE WATER SUPPLY FOR ITS OPERATIONS IF THESE EXPENDITURES ARE NECESSITATED BY THE DRAWDOWN OF LAKE MURRAY OR DROUGHT CONDITIONS REDUCING THE FLOW OF THE SALUDA OR CONGAREE RIVERS AT ANY TIME OF THE YEAR; TO PROVIDE THAT THIS CREDIT IS ALLOWED FOR EXPENDITURES MADE IN THE YEARS 2002 THROUGH 2006, AND TO PROVIDE A FIVE-YEAR CARRY FORWARD OF ANY UNUSED CREDIT.
Referred to Committee on Ways and Means

H. 3367 (Word version) -- Reps. Limehouse, Ceips, Hagood, Harrell and Scarborough: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIZE LIMITS FOR TAKING CERTAIN SALTWATER FISH; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO CREEL LIMITS FOR CERTAIN SALTWATER FISH, BOTH SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND ADJUST SIZE AND CREEL LIMITS FOR TWELVE PRIORITY SALTWATER FISH WITHIN LIMITS APPROVED BY THE GENERAL ASSEMBLY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 129 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 192 OF 1995, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY, SO AS TO INCREASE THE COMMISSION FROM SEVEN TO EIGHT AND TO PROVIDE FOR THE APPOINTMENT AND ELECTION OF THE CHAIRMAN.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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.
Referred to Committee on Ways and Means

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               Brown, J.
Brown, R.              Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Delleney               Duncan                 Emory
Freeman                Frye                   Gilham
Gourdine               Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Lee
Limehouse              Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Miller
Neal, J.H.             Neal, J.M.             Ott
Owens                  Parks                  Pitts, E.H.
Pitts, M.A.            Quinn                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Scott                  Sheheen
Sinclair               Skelton                Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

I came in after the roll call and was present for the Session on Tuesday, January 21.

Lanny Littlejohn                  Bessie Moody-Lawrence
Lewis E. Pinson                   Grady Brown
Todd Rutherford                   Bill Cotty
Jerry Govan                       Denny Neilson
Skipper Perry                     Ralph Davenport
Gary Simrill                      Thomas Rhoad

The SPEAKER granted Rep. GOVAN a temporary leave of absence due to medical reasons.

Rep. RHOAD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, January 16.

Announcement was made that Dr. Gerald E. Harmon of Pawleys Island is the Doctor of the Day for the General Assembly.

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

Bill Number:   H. 3012 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3013 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3019 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3040 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3046 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3047 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3047 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3048 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3049 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3052 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3052 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3061 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3061 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3066 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3067 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3084 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3086 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3095 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3098 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3127 (Word version)
Date:   ADD:
01/21/03   RICHARDSON

Bill Number:   H. 3128 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3142 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3153 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3206 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3208 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3218 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3224 (Word version)
Date:   ADD:
01/21/03   JENNINGS

Bill Number:   H. 3231 (Word version)
Date:   ADD:
01/21/03   CEIPS

Bill Number:   H. 3353 (Word version)
Date:   ADD:
01/21/03   LLOYD

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

H. 3327 (Word version) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 29 AND 30, 2002, BY THE STUDENTS OF SLATER-MARIETTA ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ROOF AND STRUCTURAL PROBLEMS 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.

H. 3342 (Word version) -- Rep. Merrill: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE PORTS AUTHORITY TO PROCEED WITH THE PERMITTING AND DEVELOPMENT OF A MARINE CARGO TERMINAL ON THE SOUTHERN END OF THE FORMER CHARLESTON NAVAL BASE, AND TO ENCOURAGE THE EXPEDITIOUS ISSUE OF NECESSARY PERMITS TOWARD THAT END.

Rep. MERRILL explained the Joint Resolution.

On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Education and Public Works:

H. 3045 (Word version) -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND IT DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.

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

The following was introduced:

H. 3368 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF INTERSTATE HIGHWAY 520 IN AIKEN COUNTY AS "PALMETTO PARKWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THIS HIGHWAY CONTAINING THE WORDS "PALMETTO PARKWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3369 (Word version) -- Reps. Sandifer, Harrell and Witherspoon: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION.
Referred to Committee on Ways and Means

H. 3370 (Word version) -- Reps. J. M. Neal and Emory: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF LANCASTER 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 THE LENGTH OF THE SCHOOL TERM.
Referred to Committee on Education and Public Works

H. 3371 (Word version) -- Reps. Rice and McGee: A BILL TO ENACT THE "SOUTH CAROLINA HEALTH, HUMAN, AND MEDICAID SERVICES REORGANIZATION AND ACCOUNTABILITY ACT OF 2003"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-30-125 SO AS TO CREATE THE DEPARTMENT OF HEALTH, HUMAN, AND MEDICAID SERVICES TO BE HEADED BY A SECRETARY TO BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE WHICH IS THE SINGLE STATE AGENCY RESPONSIBLE FOR OVERSEEING ALL OTHER STATE HEALTH AND HUMAN SERVICE AGENCIES AND FOR THE DELIVER OF HEALTH, HUMAN, AND MEDICAID SERVICES TO THE CITIZENS OF THIS STATE, AND TO PROVIDE THAT EXISTING SPECIFIED AGENCIES AND DEPARTMENTS OF THIS STATE MUST BECOME PART OF THIS NEWLY CREATED DEPARTMENT; BY ADDING CHAPTER 64 TO TITLE 2 SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON HEALTH, HUMAN, AND MEDICAID SERVICES AND TO PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, DUTIES, AND RESPONSIBILITIES; BY ADDING CHAPTER 8 TO TITLE 44 SO AS TO PROVIDE FOR A MEDICAID COST CONTAINMENT ACTION PLAN; BY ADDING SECTION 44-8-50 SO AS TO PROVIDE FOR A DEPARTMENT OF HEALTH, HUMAN, AND MEDICAID SERVICES ENTERPRISE INFORMATION TECHNOLOGY SYSTEM; BY ADDING SECTION 2-15-67 SO AS TO PROVIDE THAT THE LEGISLATIVE AUDIT COUNCIL SHALL EMPLOY A SENIOR AUDITOR AND OTHER AUDITORS NECESSARY TO PERFORM REGULAR AUDITS OF THE ENTITIES IN THE DEPARTMENT OF HEALTH, HUMAN, AND MEDICAID SERVICES; BY ADDING SECTION 12-21-625 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON EACH CIGARETTE SUBJECT TO THE LICENSE TAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.1 CENTS ON EACH CIGARETTE, TO ESTABLISH THE HEALTH, HUMAN, AND MEDICAID SERVICES REORGANIZATION AND ACCOUNTABILITY FUND TO RECEIVE THE REVENUE OF THIS TAX AND PROVIDE FOR THE USE OF THIS FUND FOR REORGANIZATION AND PUBLIC HEALTH PURPOSES, TO CREATE A MEDICAID MATCHING FUND, AND TO PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF THIS ADDITIONAL TAX; AND TO AMEND SECTION 44-6-155, RELATING TO THE MEDICAID EXPANSION FUND, SO AS TO INCLUDE WITHIN THE FUND THE TAX IMPOSED BY SECTION 12-21-625.
Referred to Committee on Ways and Means

H. 3372 (Word version) -- Reps. White, Cooper, Cato, Hinson, Keegan, Perry, Rice, Sandifer, Scarborough, Stille, Tripp, Trotter and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-47 SO AS TO PROVIDE CIVIL LAWSUIT PROTECTION FOR PHYSICIANS, OPTOMETRISTS, NURSE PRACTITIONERS, AND PHYSICIAN ASSISTANTS WHO PRESCRIBE FDA APPROVED DRUGS; TO AMEND TITLE 15 OF THE 1976 CODE BY ADDING CHAPTERS 32 AND 40 SO AS TO PROVIDE FOR CERTAIN LIMITS ON THE AMOUNT AND TYPES OF DAMAGE AWARDS IN PERSONAL INJURY ACTIONS, TO PROVIDE FOR FINDINGS WHICH MUST BE MADE WITH REGARD TO SUCH DAMAGE AWARDS, TO PROVIDE THAT IN TORT ACTIONS EVIDENCE OF COLLATERAL SOURCE PAYMENTS WHICH HAVE BEEN PAID OR MAY BE DUE THE CLAIMANT MAY BE INTRODUCED IN EVIDENCE, TO PROVIDE THAT THE TRIER OF FACT MUST CONSIDER THE COLLATERAL SOURCE PAYMENTS WHEN DETERMINING THE AMOUNT OF DAMAGES, AND TO PROVIDE THAT THE TRIER OF FACT MUST MAKE CERTAIN FACTUAL FINDINGS WITH REGARD TO ITS DAMAGE AWARD; TO AMEND SECTION 15-7-20, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE CAUSE OF ACTION AROSE, SO AS TO REQUIRE THAT AN ACTION AGAINST CERTAIN HEALTH CARE PROFESSIONALS BE BROUGHT IN THE COUNTY WHERE THE ALLEGED ACT OR OMISSION OCCURRED; AND TO AMEND SECTION 15-38-20, RELATING TO THE RIGHT OF CONTRIBUTION, SO AS TO REVISE THE LIMITATION OF JOINT AND SEVERAL LIABILITY FOR DAMAGES CAUSED BY TWO OR MORE MEDICAL DEFENDANTS.
Referred to Committee on Judiciary

H. 3373 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE THAT A PERSON WHO UNINTENTIONALLY CAUSES THE DEATH OF ANOTHER PERSON WHILE VIOLATING A STATE LAW OR LOCAL ORDINANCE WHICH APPLIES TO THE OPERATION OR USE OF A VEHICLE, OR TO THE REGULATION OF TRAFFIC UNDER CERTAIN CIRCUMSTANCES IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-2956 SO AS TO PROVIDE THAT A CHEMICAL TEST MUST BE ADMINISTERED ON CERTAIN OPERATORS OF MOTOR VEHICLES AND DECEDENTS INVOLVED IN CERTAIN MOTOR VEHICLE ACCIDENTS.
Referred to Committee on Judiciary

H. 3374 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 42 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES HONORING EACH OF THE COMPONENTS OF THE ARMED SERVICES OF THE UNITED STATES AND TO PROVIDE FOR THE DESIGN OF THE PLATES AND THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF THE LICENSE PLATES.
Referred to Committee on Education and Public Works

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

The Senate returned to the House with concurrence the following:

H. 3349 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MARION RICKS OF SUMTER FOR THE COURAGE AND HEROISM HE DISPLAYED WHEN HE FOUND AN ABANDONED BABY GIRL IN AN OVERGROWN VACANT LOT IN SUMTER ON JULY 24, 2002.

H. 3351 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. PERRY DAVIS OF PINEWOOD FOR HIS CONTINUED ENTHUSIASM AND DEDICATION TO THE MEDICAL PROFESSION AND TO EXTEND BEST WISHES TO HIM AND HIS FAMILY UPON HIS RETIREMENT AFTER FORTY-THREE YEARS OF SERVICE TO THE CITIZENS OF PINEWOOD AND SUMTER COUNTY.

H. 3352 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DARIUS JENKINS OF SUMTER FOR THE COURAGE AND HEROISM HE DISPLAYED WHEN HE FOUND AN ABANDONED BABY GIRL IN AN OVERGROWN VACANT LOT IN SUMTER ON JULY 24, 2002.

H. 3356 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Harrell, J. Brown, Cato, Witherspoon, Townsend and Chellis: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 22, 2003, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

At 12:35 p.m. the House, in accordance with the motion of Rep. CLEMMONS, adjourned in memory of Officer Joseph McGarry of Myrtle Beach who was killed in the line of duty, to meet at 2:00 p.m. tomorrow.

This web page was last updated on Wednesday, June 24, 2009 at 3:30 P.M.