HOUSE JOURNAL for Jan. 28, 2003 - South Carolina Legislature Online

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

Tuesday, January 28, 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 the day is from Isaiah 60:1: "Arise, shine, for your light has come and the glory of the Lord has risen upon you."
Let us pray. God of the heavens and earth, shine upon us that we may reflect the glory and goodness of Your name. May the light of God beam off us into the corners of this State as we try to do the best for Your servants who have entrusted to us to be good leaders for the good of all. 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.

MOTION ADOPTED

Rep. SNOW moved that when the House adjourns, it adjourn in memory of James Munnerlyn, which was agreed to.

REGULATIONS RECEIVED

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

Document No. 2781
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Tax Regulation Reorganization
Received by Speaker of the House of Representatives
January 28, 2003
Referred to Ways and Means Committee
Legislative Review Expiration May 28, 2003

Document No. 2807
Agency: Department of Revenue
Statutory Authority: 1976 Code Sections 12-4-320 and 61-2-60
Alcoholic Liquors
Received by Speaker of the House of Representatives
January 28, 2003
Referred to Judiciary Committee
Legislative Review Expiration May 28, 2003

HOUSE RESOLUTION

The following was introduced:

H. 3412 (Word version) -- Reps. Harvin and Kennedy: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE BANK OF CLARENDON FOR CELEBRATING SEVENTY YEARS OF STEADFAST SERVICE TO CLARENDON COUNTY AND TO ACCLAIM THE SAFETY AND SECURITY THE BANK HAS PROVIDED ITS CUSTOMERS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3413 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MANNING-SANTEE AMERICAN LEGION BASEBALL TEAM, COACHES, AND ASSISTANTS FOR THEIR SPIRITED STATE CHAMPIONSHIP WIN AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3414 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE HONORABLE RALPH FERRELL COTHRAN, SR., OF MANNING ON MONDAY, JULY 29, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

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

INTRODUCTION OF BILLS

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

H. 3415 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 27-47-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOME PARK LEASES, SO AS TO REQUIRE THAT IN SUCH LEASES FOR TEN YEARS OR MORE THE RENEWAL LEASE AMOUNT MAY NOT EXCEED THE ORIGINAL LEASE AMOUNT ADJUSTED FOR INCREASES IN THE CONSUMER PRICE INDEX OVER THE TERM OF THE LEASE, PLUS TWENTY PERCENT.
Referred to Committee on Labor, Commerce and Industry

H. 3416 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES BY ADDING TWO NEW ITEMS SO AS TO DESIGNATE AN AREA SURROUNDING THE UNITED STATES POST OFFICE BUILDING IN MURRELLS INLET AND THE AREA LYING BETWEEN THE TOWN LIMITS OF SURFSIDE BEACH AND THE TOWN LIMITS OF MURRELLS INLET AND BETWEEN PORTIONS OF U.S. HIGHWAY BUSINESS 17 AND THE ATLANTIC OCEAN AND OF U. S. HIGHWAY 17 AND THE ATLANTIC OCEAN, INCLUDING THE MARSHES AND WETLANDS IN HORRY AND GEORGETOWN COUNTIES LYING WITHIN THE DESIGNATED AREA AS BIRD SANCTUARIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3417 (Word version) -- Reps. Keegan, Clemmons and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-725 SO AS TO REQUIRE REGIONAL COUNCILS OF GOVERNMENT PARTICIPATING IN THE STATE INSURANCE PLAN TO FUND RETIREE INSURANCE COVERAGE IN ACCORDANCE WITH PROCEDURES ESTABLISHED FOR RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES.
Referred to Committee on Ways and Means

H. 3418 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY AND A CERTIFICATE OF OCCUPANCY OBTAINED FROM THE SUPERINTENDENT; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.
Referred to Committee on Education and Public Works

H. 3419 (Word version) -- Rep. Snow: A BILL TO AMEND SECTION 27-32-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE STATE SALES OF THE PROCEEDS FROM THE SALE OR EXCHANGE OF A VACATION TIME SHARING PLAN, AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, BOTH SO AS TO REQUIRE THAT THE SALE OR EXCHANGE OF THE VACATION TIME SHARING PLAN BE RECORDED IN THE PUBLIC RECORDS OF THE COUNTY IN WHICH THE SUBJECT PROPERTY IS SITUATE FOR THE EXEMPTION TO APPLY.
Referred to Committee on Ways and Means

S. 232 (Word version) -- Senators J. V. Smith, Richardson, Leventis, Alexander, Giese, Verdin, Elliott, Reese, Branton, O'Dell, Short, McGill, Setzler and Moore: A BILL TO REPEAL JOINT RESOLUTION 370 OF 2002, RELATING TO THE IMPOSITION OF THE NURSING HOME FRANCHISE FEE.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

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

H. 3420 (Word version) -- Rep. W. D. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 18, 2003.

Be it resolved by the House of Representatives:

That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 18, 2003.

The Resolution was adopted.

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
M. Hines               Hinson                 Hosey
Howard                 Huggins                Keegan
Kennedy                Kirsh                  Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
Merrill                Miller                 J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
D. C. Smith            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, January 28.

Bessie Moody-Lawrence             Bill Cotty
Seth Whipper                      Grady Brown
Larry Koon                        Tracy Edge
Douglas Jennings                  Alex Harvin
Joseph Neal                       Karl Allen
Walton McLeod

Total Present--121

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Richard A. Schmitt of Myrtle Beach is the Doctor of the Day for the General Assembly.

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. 3306 (Word version)
Date: ADD:
01/28/03 BAILEY

CO-SPONSOR ADDED

Bill Number: H. 3206 (Word version)
Date: ADD:
01/28/03 CLEMMONS

CO-SPONSOR ADDED

Bill Number: H. 3206 (Word version)
Date: ADD:
01/28/03 VIERS

CO-SPONSOR ADDED

Bill Number: H. 3206 (Word version)
Date: ADD:
01/28/03 THOMPSON

CO-SPONSOR ADDED

Bill Number: H. 3206 (Word version)
Date: ADD:
01/28/03 HINSON

CO-SPONSOR ADDED

Bill Number: H. 3207 (Word version)
Date: ADD:
01/28/03 MCLEOD

CO-SPONSOR ADDED

Bill Number: H. 3206 (Word version)
Date: ADD:
01/28/03 MCLEOD

CO-SPONSOR ADDED

Bill Number: H. 3206 (Word version)
Date: ADD:
01/28/03 OWENS

CO-SPONSOR ADDED

Bill Number: H. 3207 (Word version)
Date: ADD:
01/28/03 OWENS

CO-SPONSOR ADDED

Bill Number: H. 3207 (Word version)
Date: ADD:
01/28/03 HINSON

CO-SPONSOR ADDED

Bill Number: H. 3208 (Word version)
Date: ADD:
01/28/03 HINSON

CO-SPONSOR ADDED

Bill Number: H. 3208 (Word version)
Date: ADD:
01/28/03 VIERS

CO-SPONSOR ADDED

Bill Number: H. 3208 (Word version)
Date: ADD:
01/28/03 WHITE

CO-SPONSOR ADDED

Bill Number: H. 3208 (Word version)
Date: ADD:
01/28/03 OWENS

CO-SPONSOR ADDED

Bill Number: H. 3208 (Word version)
Date: ADD:
01/28/03 CLEMMONS

CO-SPONSOR ADDED

Bill Number: H. 3190 (Word version)
Date: ADD:
01/28/03 CATO

CO-SPONSOR ADDED

Bill Number: H. 3190 (Word version)
Date: ADD:
01/28/03 TRIPP

CO-SPONSOR ADDED

Bill Number: H. 3210 (Word version)
Date: ADD:
01/28/03 COLEMAN

CO-SPONSOR ADDED

Bill Number: H. 3190 (Word version)
Date: ADD:
01/28/03 J. R. SMITH

CO-SPONSOR ADDED

Bill Number: H. 3190 (Word version)
Date: ADD:
01/28/03 TROTTER

CO-SPONSOR ADDED

Bill Number: H. 3190 (Word version)
Date: ADD:
01/28/03 WHITE

CO-SPONSOR ADDED

Bill Number: H. 3190 (Word version)
Date: ADD:
01/28/03 KOON

CO-SPONSOR ADDED

Bill Number: H. 3190 (Word version)
Date: ADD:
01/28/03 ALTMAN

CO-SPONSOR ADDED

Bill Number: H. 3190 (Word version)
Date: ADD:
01/28/03 SNOW

CO-SPONSOR ADDED

Bill Number: H. 3354 (Word version)
Date: ADD:
01/28/03 CLEMMONS

CO-SPONSOR ADDED

Bill Number: H. 3188 (Word version)
Date: ADD:
01/28/03 J. R. SMITH

CO-SPONSOR ADDED

Bill Number: H. 3188 (Word version)
Date: ADD:
01/28/03 TROTTER

CO-SPONSOR ADDED

Bill Number: H. 3188 (Word version)
Date: ADD:
01/28/03 SNOW

CO-SPONSOR ADDED

Bill Number: H. 3188 (Word version)
Date: ADD:
01/28/03 ALTMAN

CO-SPONSOR ADDED

Bill Number: H. 3188 (Word version)
Date: ADD:
01/28/03 KOON

CO-SPONSOR ADDED

Bill Number: H. 3235 (Word version)
Date: ADD:
01/28/03 CLEMMONS

CO-SPONSOR ADDED

Bill Number: H. 3146 (Word version)
Date: ADD:
01/28/03 CLEMMONS

CO-SPONSOR ADDED

Bill Number: H. 3012 (Word version)
Date: ADD:
01/28/03 CLEMMONS

CO-SPONSOR ADDED

Bill Number: H. 3037 (Word version)
Date: ADD:
01/28/03 CLEMMONS

CO-SPONSOR ADDED

Bill Number: H. 3354 (Word version)
Date: ADD:
01/28/03 THOMPSON

CO-SPONSOR ADDED

Bill Number: H. 3344 (Word version)
Date: ADD:
01/28/03 THOMPSON

CO-SPONSOR ADDED

Bill Number: H. 3344 (Word version)
Date: ADD:
01/28/03 LIMEHOUSE

CO-SPONSOR ADDED

Bill Number: H. 3232 (Word version)
Date: ADD:
01/28/03 CLEMMONS

CO-SPONSOR REMOVED

Bill Number: H. 3344 (Word version)
Date: REMOVE:
01/28/03 WILKINS

ORDERED TO THIRD READING

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

H. 3207 (Word version) -- Reps. Wilkins, Altman, Stille, Bailey, Walker, G. M. Smith, Sandifer, Young, Keegan, Simrill, Viers, Merrill, Cobb-Hunter, Harrison, Witherspoon, Littlejohn, Richardson, Delleney, J. E. Smith, Bingham, Toole, Mahaffey, Hinson and Owens: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

Rep. DELLENEY explained the Bill.

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

Rep. LOURIE explained the Bill.

H. 3209--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3209 (Word version) -- Reps. Wilkins, Altman, Stille, Bailey, Walker, G. M. Smith, Sandifer, Talley, Harrison, Richardson, Delleney, J. E. Smith, Bingham and Toole: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 9, Article III of the Constitution of this State be amended to read:

"Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, That the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution. The annual session of the General Assembly shall convene at the State Capitol in the City of Columbia on the second Tuesday of January in even-numbered years and on the second Tuesday in February in odd-numbered years. The Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of their respective members for not more than three days following the general election in even-numbered years for the purpose of organizing and elections. Officers of the General Assembly, including the Speaker of the House and the President Pro Tempore of the Senate, and committee chairmen must be elected or selected as required by rules of the Senate and House of Representatives during the organizational session. During odd-numbered years, the presiding officers of the House and Senate shall convene on the second Tuesday in January for not more than two days for the limited purpose of accepting any bills or resolutions introduced by any member and referring any bills or resolutions to the appropriate committee which may then consider them at such times as the committee meets. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor, by proclamation, may appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing at varying times in even-numbered years and odd-numbered years and for an organizational session for the Senate in certain years, delete obsolete language, provide for election of officers of the General Assembly, provide for certain meetings for the introduction and referral to committee of legislation, and provide for certain committee meetings?

Yes ?
No ?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. DELLENEY explained the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 111; Nays 0

Those who voted in the affirmative are:

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

Total--111

Those who voted in the negative are:

Total--0

So, the Joint Resolution having received the necessary two-thirds vote, was passed and ordered to third reading.

H. 3208--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3208 (Word version) -- Reps. Wilkins, Harrison, Altman, Stille, Bailey, Walker, Sandifer, Young, Keegan, Simrill, Witherspoon, Littlejohn, Richardson, Kirsh, Taylor, Delleney, Ceips, McLeod, J. E. Smith, Bingham, Toole, Duncan, Mahaffey, Hinson, Viers, White and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES AND TO REQUIRE AN ANNUAL REPORT OF ALL EXPENDITURES TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES UNLESS OTHERWISE EXEMPTED; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO INFORMATION EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A DOCUMENT REFLECTING THE FINAL FINANCIAL COMMITMENT BY A PUBLIC BODY IS A COVERED DOCUMENT OF, OR INCIDENTAL TO, A PROPOSED CONTRACTUAL ARRANGEMENT AND A PROPOSED SALE OR PURCHASE OF PROPERTY AND THEREFORE SUBJECT TO DISCLOSURE AS PRESCRIBED, THAT A CONTRACT RELATED TO EFFORTS OR ACTIVITIES OF A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST IN THIS STATE IS EXEMPT ONLY UNTIL THE BUSINESS OR INDUSTRY PUBLICLY ANNOUNCES ITS PROJECT OR THE COUNCIL EXECUTES A FINAL CONTRACT, AND THAT DOCUMENTATION OF EFFORTS OR ACTIVITIES OF A PUBLIC BODY OR ONE ACTING FOR A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST WITHIN SOUTH CAROLINA IS EXEMPT FROM DISCLOSURE UNLESS THE DOCUMENTS RELATE TO THE FINANCIAL COMMITMENT BY A PUBLIC BODY, WHICH DOCUMENTATION LOSES ITS EXEMPTION ONCE THE BUSINESS OR INDUSTRY HAS PUBLICLY ANNOUNCED ITS PROJECT OR THE COUNCIL HAS EXECUTED A FINAL CONTRACT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1186MM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
SECTION 1. Chapter 1, Title 13 of the 1976 Code is amended by adding:
/ "Section 13-1-25. (A) The monies constituting a fund of any kind used by the department in carrying out a purpose described in Section 13-1-20 are public monies, notwithstanding their public or private source, and must be treated like public monies for all purposes. These monies are subject to all accountability requirements governing public monies, including compliance with the South Carolina Consolidated Procurement Code, unless exempt by formal approval of the State Budget and Control Board. These monies are also subject to all disclosure requirements governing public monies, unless exempt by Section 30-4-40.

(B) In addition to all other required audits, reviews, and reports, by January 1 of each year the director must submit to the Governor, the Speaker of the House, and the President Pro Tempore of the Senate a detailed report of all expenditures for each fund during the previous calendar year. This report must include an explanation of the specific purpose of each expenditure including recreational or entertainment purposes. Expenditures made pursuant to negotiations with an industry or business and which are ongoing as of December 31 of the previous year may be excluded from that calendar year's report and reported the following January or January of the year following public announcement by the company or execution of a final contract by the Coordinating Council for Economic Development, whichever is later."
SECTION 2. Section 13-1-1720(A)(4) of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"(4) use of federal funds, foundation grants, and private funds in the development, implementation, revision, and promotion of a strategic plan for economic development. Funds from foundation grants and private funds used for these purposes are public monies, notwithstanding their private source, and must be treated like public monies. These monies are subject to all accountability requirements governing public monies, including compliance with the South Carolina Consolidated Procurement Code, unless exempt by formal approval of the State Budget and Control Board. These monies are also subject to all disclosure requirements governing public monies, unless exempt by Section 30-4-40;"
SECTION 3. Section 30-4-40(a)(5) of the 1976 Code, as amended by Act 423 of 1998, is further amended to read:

"(5) Documents of and documents incidental to proposed contractual arrangements and documents of and documents incidental to proposed sales or purchases of property; however:

~~(a)~~(A) these documents, which specifically include documents that reflect final financial commitments by a public body, are not exempt from disclosure once a contract is entered into or the property is sold or purchased except as otherwise provided in this section;

~~(b)~~(B) a contract for the sale or purchase of real estate shall remain exempt from disclosure until the deed is executed, but this exemption applies only to those contracts of sale or purchase where the execution of the deed occurs within twelve months from the date of sale or purchase;

~~(c)~~(C) a contract related to efforts or activities of a public body to attract or retain business or industry to invest within South Carolina remains exempt from disclosure until the business or industry has announced publicly it will locate its project within the State or once the Coordinating Council for Economic Development has executed a final contract, whichever is later; and

(D) confidential proprietary information provided to a public body for economic development or contract negotiations purposes is not required to be disclosed."
SECTION 4. Section 30-4-40(a)(9) of the 1976 Code is amended to read:

"(9) Memoranda, correspondence, documents, and working papers relative to efforts or activities of a public body or any person or entity acting on behalf of a public body to attract or retain business or industry to invest within South Carolina; however, this provision does not exempt from disclosure documents related to final financial commitments made by a public body once the business or industry has announced publicly it will locate its project within the State or the Coordinating Council for Economic Development has executed a final contract, whichever is later."
SECTION 5. Section 30-4-40 of the 1976 Code, as last amended by Act 350 of 2002, is further amended by adding at the end:

"(d) Notwithstanding any other provision of law, a document relating to activities of a public body to attract or retain business or industry to invest within South Carolina which do not result in a contract or a final financial commitment remains exempt from disclosure."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Rep. Harrison proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\1197MM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
SECTION 1. Chapter 1, Title 13 of the 1976 Code is amended by adding:
/ "Section 13-1-25. (A) The monies constituting a fund of any kind used by the department in carrying out a purpose described in Section 13-1-20 are public monies, notwithstanding their public or private source, and must be treated like public monies for all purposes. These monies are subject to all accountability requirements governing public monies, including compliance with the South Carolina Consolidated Procurement Code, unless exempt by formal approval of the State Budget and Control Board. These monies are also subject to all disclosure requirements governing public monies, unless exempt by Section 30-4-40.

"(5) Documents of and documents incidental to proposed contractual arrangements and documents of and documents incidental to proposed sales or purchases of property; however:

~~(a)~~(A) these documents, which specifically include documents that reflect final financial commitments by a public body other than competitive rates quoted by a public body for service, are not exempt from disclosure once a contract is entered into or the property is sold or purchased except as otherwise provided in this section;

(D) confidential proprietary information provided to a public body for economic development or contract negotiations purposes or competitive rates quoted by a public body for service is are not required to be disclosed."
SECTION 4. Section 30-4-40(a)(9) of the 1976 Code is amended to read:

"(9) Memoranda, correspondence, documents, and working papers relative to efforts or activities of a public body or any person or entity acting on behalf of a public body to attract or retain business or industry to invest within South Carolina; however, except for competitive rates quoted by a public body for service, this provision does not exempt from disclosure documents related to final financial commitments made by a public body once the business or industry has announced publicly it will locate its project within the State or the Coordinating Council for Economic Development has executed a final contract, whichever is later."
SECTION 5. Section 30-4-40 of the 1976 Code, as last amended by Act 350 of 2002, is further amended by adding at the end:

"(d) Notwithstanding any other provision of law, a document relating to activities of a public body to attract or retain business or industry to invest within South Carolina, including competitive rates quoted by a public body for service, which do not result in a contract or a final financial commitment remains exempt from disclosure."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3206--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3206 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Stille, Taylor, Bailey, Delleney, Ceips, Walker, Bales, Mahaffey, G. M. Smith, J. E. Smith, Bingham, Sandifer, Toole, Young, Clemmons, Keegan, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod and Owens: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS AND AUTHORIZE INVITATIONS TO BE EXTENDED AT NATIONAL AND REGIONAL CONVENTIONS AND CONFERENCES TO ALL MEMBERS OF THE GENERAL ASSEMBLY; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE A PERSON WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE FOR THE ELECTION OR DEFEAT OF A CANDIDATE, AND DELETE A BALLOT MEASURE WITHIN THIS DEFINITION, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE AND DELETING WITHIN THE DEFINITION AN EXPENDITURE MADE BY A PERSON TO ADVOCATE THE ELECTION OR DEFEAT OF A CLEARLY DEFINED CANDIDATE OR BALLOT MEASURE, DELETING EXPENDITURES WHEN TAKEN AS A WHOLE AND IN CONTEXT MADE BY A PERSON EXPRESSLY TO URGE A PARTICULAR RESULT IN AN ELECTION, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS SHALL FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION AND REQUIRE A POLITICAL PARTY, LEGISLATIVE CAUCUS COMMITTEE, AND A PARTY COMMITTEE TO FILE A CERTIFIED CAMPAIGN REPORT UPON THE RECEIPT OF ANYTHING OF VALUE WHICH TOTALS MORE THAN FIVE HUNDRED DOLLARS AND DEFINE "ANYTHING OF VALUE"; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION SHALL FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1371 SO AS TO ESTABLISH CONDITIONS UNDER WHICH CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE MAY BE USED, PROVIDE THAT THE STATE ETHICS COMMISSION HAS JURISDICTION TO SEIZE FUNDS AND DISTRIBUTE THEM AMONG VARIOUS SPECIFIED FUNDS OR ENTITIES IF THERE IS A VIOLATION OF THIS SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; BY ADDING SECTION 8-13-1373 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, TO DEFEND AN ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE ATTORNEY GENERAL HAS BEEN REQUESTED AND REFUSES TO DEFEND THE ACTION; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13, CHAPTER 13, TITLE 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3156DW03):
Amend the bill, as and if amended, by striking SECTION 25 and inserting:
/ SECTION 25. Section 8-13-1354 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

"Section 8-13-1354. A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, or a candidate~~, or a ballot measure must~~ shall place his name and address on the printed matter in all capital letters and in twelve point type or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement." /
Amend further by striking SECTION 33 and inserting:
/ SECTION 33. Section 8-13-1520 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates ~~any~~ a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both. ~~A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.~~

(B) Except as otherwise specifically provided for in Article 13 of this chapter, a person who intentionally violates a provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or be imprisoned for not more than one year, or both.

(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560." /
Amend further by adding appropriately numbered SECTIONS to read:
/ SECTION __. Section 2-17-20(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(A) Any person who acts as a lobbyist ~~shall~~, within fifteen days of being employed, appointed, or retained as a lobbyist, shall register with the State Ethics Commission as provided in this section. Each person registering shall pay a fee of ~~fifty~~ one hundred dollars and present to the State Ethics Commission a communication reflecting the authority of the registrant to represent the person by whom he is employed, appointed, or retained. If a partnership, committee, association, corporation, labor organization, or ~~any other~~ another organization or group of persons registers as a lobbyist, then it ~~must~~ shall identify each person who will act as a lobbyist on its behalf during the covered period. There is no registration fee for a lobbyist who is a full-time employee of a state agency and limits his lobbying to efforts on behalf of that particular state agency."
SECTION __. Section 2-17-20(C) of the 1976 Code is amended to read:

"(C) Each lobbyist who ceases to engage in lobbying requiring him to register ~~under~~ pursuant to this section ~~must~~ shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. ~~The written statement of termination is effective immediately.~~ Each lobbyist who files a written statement of termination ~~under~~ pursuant to this section ~~must~~ shall file reports required by this chapter for any reporting period during which he the lobbyist was ~~registered~~ engaged in lobbying requiring him to register ~~under~~ pursuant to this section."
SECTION __. Section 2-17-20(G) of the 1976 Code is amended to read:

"(G) A lobbyist ~~must~~ shall reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist is registered, regardless of termination of lobbying activities during that year."
SECTION __. Section 2-17-25(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(A) Any lobbyist's principal ~~shall~~, within fifteen days of employing, appointing, or retaining a lobbyist, shall register with the State Ethics Commission as provided in this section. Each person registering shall pay a fee of ~~fifty~~ one hundred dollars. If a partnership, committee, an association, a corporation, labor organization, or ~~any other~~ another organization or group of persons registers as a lobbyist's principal, then it ~~must~~ shall identify each person who will act as a lobbyist on its behalf during the covered period. If the State is a lobbyist's principal, the State is exempt from paying a registration fee and filing a lobbyist's principal registration statement."
SECTION __. Section 2-17-25(C) of the 1976 Code is amended to read:

"(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register ~~under~~ pursuant to this section ~~must~~ shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. ~~The written statement of termination is effective immediately.~~ Each lobbyist's principal who files a written statement of termination ~~under~~ pursuant to this section ~~must~~ shall file reports required by this chapter for any reporting period during which he the lobbyist's principal was registered ~~under~~ pursuant to this section."
SECTION __. Section 2-17-25(G) of the 1976 Code is amended to read:

"(G) A lobbyist's principal ~~must~~ shall reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist's principal is registered, regardless of termination of authorization of lobbying activities during that year."
SECTION __. Section 8-13-1300(4) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

"(4) 'Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. Candidate also means a person who is exploring whether or not to seek election at the state or local level. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
SECTION __. Section 8-13-1300(7) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

"(7) 'Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election or to explore whether or not to seek election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge. 'Contribution' does not include volunteer personal services on behalf of a candidate or committee for which the volunteer receives no compensation from any source. /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. DELLENEY having the floor.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 3421 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 40-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE PRACTICE OF DENTISTRY, SO AS TO CLARIFY THAT DENTAL PROCEDURES PERFORMED ON STRUCTURES ADJACENT TO THE ORAL CAVITY ARE PROCEDURES PERFORMED ON THE JAW AND SKULL RELATED TO ORAL HEALTH AND THAT THESE PROCEDURES DO NOT INCLUDE CERTAIN MEDICAL SURGICAL PROCEDURES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3422 (Word version) -- Reps. Hinson and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-195 SO AS TO AUTHORIZE THE STATE SUPERINTENDENT OF EDUCATION TO GRANT A WAIVER TO A SCHOOL DISTRICT WHICH APPLIES TO APPLICABLE SCHOOL BUILDING CODES RELATING TO MINIMUM LOT SIZE REQUIREMENTS OR BUILDING SQUARE FOOT REQUIREMENTS FOR CONSTRUCTION OF A NEW PUBLIC SCHOOL BUILDING OR FOR THE CONVERSION OF AN EXISTING COMMERCIAL BUILDING INTO A PUBLIC SCHOOL FACILITY, AND TO PROVIDE THAT THIS AUTHORITY GRANTED THE STATE SUPERINTENDENT OF EDUCATION IS SUPERIOR TO AND SUPERSEDES APPLICABLE BUILDING CODES AND THE AUTHORITY OF A LOCAL BUILDING OFFICIAL OR ENTITY TO DISAPPROVE THE VARIANCES GRANTED BY THE WAIVER.
Referred to Committee on Education and Public Works

H. 3423 (Word version) -- Reps. Talley and G. M. Smith: A BILL TO AMEND SECTION 56-5-2933, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO REVISE THE ALCOHOL CONCENTRATION LEVEL WHICH IS ILLEGAL; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH IN HIS SYSTEM, SO AS TO REVISE THE ALCOHOL CONCENTRATION LEVEL THAT MUST BE USED DURING THE BREATH SIMULATOR TEST AND THE ALCOHOL CONCENTRATION LEVEL THAT RAISES THE INFERENCE THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL AND IS OPERATING A VEHICLE WITH AN ILLEGAL ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR A DRIVER'S REFUSAL TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION, SO AS TO REVISE THE ALCOHOL CONCENTRATION LEVEL THAT REQUIRES A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM.
Referred to Committee on Judiciary

H. 3424 (Word version) -- Reps. Harrell, Wilkins, W. D. Smith, Bingham, Chellis, Clyburn, Cotty, Kirsh, Lucas, McCraw, Merrill, Rice, Sheheen, Walker, Young, J. E. Smith, Scott, Altman, Barfield, Battle, Cato, Ceips, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Emory, Gilham, Gourdine, Govan, Hagood, Haskins, Herbkersman, Hinson, Hosey, Huggins, Leach, Limehouse, Littlejohn, Loftis, Lourie, Mahaffey, Martin, Miller, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Quinn, Richardson, Sandifer, Scarborough, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. R. Smith, Stewart, Stille, Talley, Toole, Tripp, Umphlett, Vaughn, Viers, White, Whitmire and Witherspoon: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON STATE APPROPRIATIONS, SO AS TO DELETE THE EXISTING LIMITATION ON APPROPRIATIONS AND IMPOSE A NEW LIMIT EFFECTIVE FOR APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND UPON TIMELY RATIFICATION OF AN AMENDMENT TO ARTICLE X, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, PROVIDING FOR THE REVISED LIMITATION ON APPROPRIATIONS AND AN AMENDMENT TO ARTICLE X ADDING A NEW SECTION ESTABLISHING THE SPENDING LIMIT RESERVE FUND AND PROVIDING FOR ITS USE, TO PROVIDE THAT THE LIMITATION FOR A FISCAL YEAR IS ANNUALIZED APPROPRIATIONS FOR THE CURRENT FISCAL YEAR AS OF FEBRUARY FIFTEENTH, INCREASED BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASE AND INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE; BY ADDING SECTION 11-11-415 SO AS TO ESTABLISH THE SPENDING LIMITATION RESERVE FUND, INTO WHICH ALL SURPLUS GENERAL FUND REVENUES MUST BE CREDITED, AND TO PROVIDE FOR THE PRIORITY USES OF THE REVENUES OF THIS FUND, TO PROVIDE FOR THE APPROPRIATION OF FUND REVENUES AFTER THESE PRIORITIES ARE MET, AND TO REQUIRE BY LEGISLATIVE ENACTMENT APPROPRIATION REVENUES OF THIS FUND TO ORIGINATE AS SEPARATE LEGISLATION IN THE HOUSE OF REPRESENTATIVES.
Referred to Committee on Ways and Means

H. 3425 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-1-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A LICENSED DRIVER HAVE HIS LICENSE IN HIS IMMEDIATE POSSESSION WHEN OPERATING A MOTOR VEHICLE, SO AS TO CLARIFY THE APPLICATION OF EARLIER AMENDMENTS TO THE DRIVER'S LICENSE LAW REQUIRING A CHARGE OF VIOLATING THIS SECTION TO BE DISMISSED IF THE DRIVER, ON OR BEFORE THE COURT DATE, PROVIDES PROOF TO THE COURT THAT THE DRIVER HAD A VALID LICENSE AT THE TIME OF THE VIOLATION AND TO MAKE GRAMMATICAL CHANGES.
Referred to Committee on Judiciary

H. 3426 (Word version) -- Reps. Cobb-Hunter and Jennings: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, AND OTHER MINORITY GROUPS AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.
Referred to Committee on Judiciary

H. 3427 (Word version) -- Reps. Lourie, Bingham, J. E. Smith, Branham, J. Brown, Clark, Harrison, Lucas and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 43-33-20, RELATING TO RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO USE PUBLIC FACILITIES, SO AS TO PROVIDE A CROSS REFERENCE TO ARTICLE 15 OF TITLE 47 IN SECTION 43-33-20 PERTAINING TO THE RIGHTS OF PHYSICALLY DISABLED PERSONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3428 (Word version) -- Rep. Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-1-140 SO AS TO PROVIDE THAT POLITICAL SUBDIVISIONS MAY NOT REGULATE OR OTHERWISE LIMIT THE FINANCIAL ACTIVITIES OF A LENDER SUBJECT TO STATE OR FEDERAL JURISDICTION; BY ADDING SECTION 37-1-110 SO AS TO REQUIRE THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS TO PROVIDE EDUCATION PROGRAMS TO PROMOTE CONSUMER FINANCIAL AND CREDIT RESPONSIBILITY; BY ADDING SECTION 37-10-108 SO AS TO PROHIBIT CERTAIN LENDING ACTIVITIES AND TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH A COVERED CONSUMER HOME LOAN; BY ADDING SECTION 37-10-111 SO AS TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HOME LOAN; BY ADDING SECTION 37-10-119 SO AS TO PROVIDE THAT SOUTH CAROLINA LAW APPLIES IN A CONSUMER LOAN TRANSACTION SECURED BY THE DWELLING PLACE OF A LEGAL RESIDENT OF THIS STATE; TO AMEND SECTION 37-1-109, AS AMENDED, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO INCLUDE THE AMOUNT OF A LOAN LIMIT FOR PREPAYMENT WITHOUT PENALTY; TO AMEND SECTION 37-3-305, RELATING TO THE FILING AND POSTING OF A MAXIMUM INTEREST RATE SCHEDULE BY A CONSUMER LENDER, SO AS TO INCREASE THE FILING FEE TO FORTY-FIVE DOLLARS AND TO EARMARK THE INCREASE FOR EXPENDITURE FOR CONSUMER CREDIT EDUCATION PROGRAMS; TO AMEND SECTION 37-3-502, RELATING TO AUTHORITY TO MAKE A SUPERVISED LOAN, SO AS TO PROHIBIT THE UNLICENSED TAKING OF AN ASSIGNMENT OF OR THE DIRECT COLLECTION OF A SUPERVISED LOAN; AND TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS.
Referred to Committee on Labor, Commerce and Industry

H. 3429 (Word version) -- Reps. Cotty and Cato: A BILL TO REPEAL SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESPONSIBILITIES OF LANDLORDS AND TENANTS FOR UTILITIES, WATER, SEWERAGE, AND GARBAGE SERVICES.
Referred to Committee on Labor, Commerce and Industry

H. 3430 (Word version) -- Reps. Phillips, Littlejohn and McCraw: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 4, 5, AND 6, 2002, AND JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3431 (Word version) -- Reps. Davenport, McLeod and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-780 SO AS TO AUTHORIZE AN EMPLOYEE TO TRANSFER LEAVE TO A SPECIFIED EMPLOYEE OF THE SAME AGENCY TO BE USED BY THE SPECIFIED EMPLOYEE FOR LEAVE OCCURRING DUE TO EXTENUATING CIRCUMSTANCES WHICH MUST BE APPROVED BY THE AGENCY DIRECTOR ON A CASE-BY-CASE BASIS.
Referred to Committee on Ways and Means

H. 3432 (Word version) -- Rep. Davenport: 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. 3433 (Word version) -- Reps. Sinclair, Mahaffey, W. D. Smith and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1558 SO AS TO ESTABLISH PROCEDURES AND CRITERIA FOR STANDING WHEREBY A GRANDPARENT OR ANOTHER INDIVIDUAL WITH A PARENT-LIKE RELATIONSHIP WITH A CHILD MAY PETITION THE FAMILY COURT TO OBTAIN COURT-ORDERED CONTACT WITH THE CHILD; TO ESTABLISH THE STANDARDS WHICH MUST BE SATISFIED FOR THE COURT TO GRANT CONTACT; AND TO AUTHORIZE THE AWARDING OF COSTS AND ATTORNEY'S FEES; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO CONFORM THE APPLICABLE PROVISIONS OF THAT SECTION TO SECTION 20-7-1558.
Referred to Committee on Judiciary

H. 3434 (Word version) -- Rep. Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMPTROLLER GENERAL SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, THE COMPTROLLER GENERAL MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON.
Referred to Committee on Judiciary

H. 3435 (Word version) -- Rep. Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSIONER OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, THE COMMISSIONER MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON.
Referred to Committee on Judiciary

H. 3436 (Word version) -- Reps. Young, Chellis, Bailey and Harrell: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.
On motion of Rep. YOUNG, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

The following was introduced:

H. 3437 (Word version) -- Reps. Govan, Rhoad, Hosey, Clyburn, Cobb-Hunter, Ott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, 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, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, 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 HOUSE RESOLUTION EXTENDING THE SINCERE SYMPATHY OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FAMILY AND FRIENDS OF MRS. CORIA ELLIS ZIMMERMAN OF ORANGEBURG COUNTY WHO DIED ON FRIDAY, JANUARY 24, 2003.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3438 (Word version) -- Reps. G. M. Smith, Weeks, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, 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 HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF NANCY DEAS PLAYER OF SUMTER, SATURDAY, AUGUST 3, 2002, AND TO CONVEY DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3439 (Word version) -- Reps. G. M. Smith, Weeks, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, 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 HOUSE RESOLUTION TO COMMEND AND CONGRATULATE ORVILLE VAN "O.V." PLAYER, JR., OF SUMTER COUNTY FOR RECEIVING THE PRESIDENT'S CUP AWARD FROM THE SOUTH CAROLINA ASSOCIATION OF COUNTIES FOR THE UNPRECEDENTED THIRD TIME AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

H. 3206--AMENDED AND REQUESTS FOR DEBATE

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3156DW03), which was adopted:
Amend the bill, as and if amended, by striking SECTION 25 and inserting:
/ SECTION 25. Section 8-13-1354 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

Rep. DELLENEY relinquished the floor.

Rep. J. E. SMITH spoke in favor of the amendment.
The amendment was then adopted.

Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3160DW03), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. That portion of subsection (A) immediately preceding item (1) of Section 2-17-30 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

"Each lobbyist, no later than ~~April tenth~~ June thirtieth and ~~October tenth~~ January thirty-first of each year, ~~must~~ shall file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods ~~shall~~ must be from January first to ~~March~~ May thirty-first for the ~~April tenth~~ June thirtieth report and ~~shall~~ must be from ~~April~~ June first to ~~September thirtieth~~ December thirty-first for the ~~October tenth~~ January thirty-first report. ~~Any~~ A lobbying activity not reflected on the ~~October tenth~~ June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than ~~December thirty-first of that~~ January thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:" /
Renumber sections to conform.
Amend title to conform.

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

Reps. HARRISON, J. E. SMITH, LOURIE, DELLENEY, ALTMAN, SCARBOROUGH, COBB-HUNTER, KIRSH, F. N. SMITH, COTTY, COATES, SANDIFER, WEEKS, LUCAS, J. BROWN, KEEGAN, WHIPPER, HOSEY, and MACK requested debate on the Bill.

H. 3377--DEBATE ADJOURNED

Rep. HAMILTON moved to adjourn debate upon the following Joint Resolution until Wednesday, January 29, which was adopted:

H. 3377 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE SCHOOL WEEK OF DECEMBER 2 THROUGH DECEMBER 6, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE 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.

H. 3233--RECALLED FROM COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. DAVENPORT, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:

H. 3233 (Word version) -- Reps. Talley, Altman and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

H. 3270--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3270 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN LAURENS COUNTY FROM ITS INTERSECTION WITH STAGE COACH ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 101 THE "DAVID S. TAYLOR, SR. MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "DAVID S. TAYLOR, SR. MEMORIAL HIGHWAY".

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

That the members of the General Assembly request the Department of Transportation to name the portion of United States Highway 76 in Laurens County from its intersection with Stage Coach Road to its intersection with South Carolina Highway 101 the "David S. Taylor, Sr. Memorial Highway" and to install appropriate markers or signs along this portion of highway containing the words "David S. Taylor, Sr. Memorial Highway".

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.

H. 3265--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3265 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTIONS OF SOUTH CAROLINA HIGHWAY 421 IN AIKEN COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 1 TO ITS INTERSECTION WITH LEE DRIVE, AND FROM ITS INTERSECTION WITH DIXIE CLAY ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 125 AS "VETERANS MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG BOTH PORTIONS OF SOUTH CAROLINA HIGHWAY 125 CONTAINING THE WORDS "VETERANS MEMORIAL HIGHWAY".

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

That the members of the General Assembly of the State of South Carolina request the Department of Transportation to name the portions of South Carolina Highway 421 in Aiken County from its intersection with United States Highway 1 to its intersection with Lee Drive, and from its intersection with Dixie Clay Road to its intersection with South Carolina Highway 125 as "Veterans Memorial Highway", and to install appropriate markers or signs along both portions of South Carolina Highway 125 containing the words "Veterans Memorial Highway".

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.

H. 3350--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

H. 3350 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Coates: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT ALL-WAY STOP SIGNS AT THE INTERSECTION OF CAIN'S MILL ROAD AND CLIPPER ROAD IN SUMTER COUNTY.

Rep. WEEKS moved to adjourn debate on the Resolution until Wednesday, January 29, which was agreed to.

S. 221--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

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.

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

That the members of the General Assembly 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.

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

The Concurrent Resolution was adopted and sent to the Senate.

H. 3205--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3205 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: 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.

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

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

The Concurrent Resolution was adopted and sent to the Senate.

H. 3368--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

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".

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

That the members of the General Assembly 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".

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.

S. 255--AMENDED, ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 255 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 5, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 5, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2003, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2003, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 10, WHOSE TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003.

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

That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 12, 2003, at 12:00 p.m. to elect successors to the Honorable William Saunders, Public Service Commissioner for the First Congressional District, whose term expired June 30, 2002; the Honorable James Blake Atkins, Public Service Commissioner for the Second Congressional District, whose term expired June 30, 2002; the Honorable Randy Mitchell, Public Service Commissioner for the Third Congressional District, whose term expired June 30, 2002; the Honorable Nick A. Theodore, Public Service Commissioner for the Fourth Congressional District, whose term expired June 30, 2002; the Honorable H. Clay Carruth, Jr., Public Service Commissioner for the Fifth Congressional District, whose term expired June 30, 2002; the Honorable Mignon L. Clyburn, Public Service Commissioner for the Sixth Congressional District, whose term expired June 30, 2002; and the Honorable C. Robert Moseley, Public Service Commissioner Statewide at large, whose term expired June 30, 2002.
Be it further resolved that all nominations for the office in each election must be made by the chairman of the screening committee that screened the successors for the Public Service Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.

Be it further resolved that following the election of successors to the members of the Public Service Commission on February 12, 2003, the Senate and the House of Representatives shall elect a successor to the Honorable Kaye G. Hearn, Chief Judge of the Court of Appeals, Seat 5, whose term expires June 30, 2003; to elect a successor to the Honorable Jasper M. Cureton, Judge of the Court of Appeals, Seat 6, whose term expires June 30, 2003; to elect a successor to the Honorable G. Thomas Cooper, Jr., Judge of the Circuit Court for the Fifth Judicial Circuit, Seat 3, whose term expires June 30, 2003; to elect a successor to the Honorable Larry R. Patterson, Judge of the Circuit Court for the Thirteenth Judicial Circuit, Seat 3, whose term expires June 30, 2003; to elect a successor to the Honorable Jackson V. Gregory, Judge of the Circuit Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 2003; to elect a successor to the Honorable Paula H. Thomas, Judge of the Circuit Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 2003; to elect a successor to the Honorable John M. Milling, Judge of the Circuit Court, At-Large Seat 1, whose term expires June 30, 2003; to elect a successor to the Honorable R. Markley Dennis, Jr., Judge of the Circuit Court, At-Large Seat 2, whose term expires June 30, 2003; to elect a successor to the Honorable Clifton Newman, Judge of the Circuit Court, At-Large Seat 3, whose term expires June 30, 2003; to elect a successor to the Honorable Gary E. Clary, Judge of the Circuit Court, At-Large Seat 5, to fill the unexpired term, which expires June 30, 2003, and the subsequent term; to elect a successor to the Honorable James E. Lockemy, Judge of the Circuit Court, At-Large Seat 6, whose term expires June 30, 2003; to elect a successor to the Honorable J. Cordell Maddox, Jr., Judge of the Circuit Court, At-Large Seat 7, whose term expires June 30, 2003; to elect a successor to the Honorable Kenneth G. Goode, Judge of the Circuit Court, At-Large Seat 8, whose term expires June 30, 2003; to elect a successor to the Honorable L. Henry McKellar, Judge of the Circuit Court, At-Large Seat 9, to fill the unexpired term, which expires June 30, 2003, and the subsequent term; to elect a successor to the Honorable James R. Barber III, Judge of the Circuit Court, At-Large Seat 10, whose term expires June 30, 2003; and to elect a successor to the Honorable Ray N. Stevens, Judge in the Administrative Law Judge Division, Seat 5, whose term expires June 30, 2003.

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

Rep. CATO proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3161DW03), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all after the resolving words and inserting:
/ That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 12, 2003, at 12:00 p.m. to elect successors to the Honorable William Saunders, Public Service Commissioner for the First Congressional District, whose term expired June 30, 2002; the Honorable James Blake Atkins, Public Service Commissioner for the Second Congressional District, whose term expired June 30, 2002; the Honorable Randy Mitchell, Public Service Commissioner for the Third Congressional District, whose term expired June 30, 2002; the Honorable Nick A. Theodore, Public Service Commissioner for the Fourth Congressional District, whose term expired June 30, 2002; the Honorable H. Clay Carruth, Jr., Public Service Commissioner for the Fifth Congressional District, whose term expired June 30, 2002; the Honorable Mignon L. Clyburn, Public Service Commissioner for the Sixth Congressional District, whose term expired June 30, 2002; and the Honorable C. Robert Moseley, Public Service Commissioner Statewide at large, whose term expired June 30, 2002.
Be it further resolved that all nominations for the office in each election must be made by the chairman of the screening committee that screened the successors for the Public Service Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Be it further resolved that following the election of successors to the members of the Public Service Commission on February 12, 2003, the Senate and the House of Representatives shall elect a successor to the Honorable Kaye G. Hearn, Chief Judge of the Court of Appeals, Seat 5, whose term expires June 30, 2003; to elect a successor to the Honorable Jasper M. Cureton, Judge of the Court of Appeals, Seat 6, whose term expires June 30, 2003; to elect a successor to the Honorable G. Thomas Cooper, Jr., Judge of the Circuit Court for the Fifth Judicial Circuit, Seat 3, whose term expires June 30, 2003; to elect a successor to the Honorable Larry R. Patterson, Judge of the Circuit Court for the Thirteenth Judicial Circuit, Seat 3, whose term expires June 30, 2003; to elect a successor to the Honorable Jackson V. Gregory, Judge of the Circuit Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 2003; to elect a successor to the Honorable Paula H. Thomas, Judge of the Circuit Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 2003; to elect a successor to the Honorable John M. Milling, Judge of the Circuit Court, At-Large Seat 1, whose term expires June 30, 2003; to elect a successor to the Honorable R. Markley Dennis, Jr., Judge of the Circuit Court, At-Large Seat 2, whose term expires June 30, 2003; to elect a successor to the Honorable Clifton Newman, Judge of the Circuit Court, At-Large Seat 3, whose term expires June 30, 2003; to elect a successor to the Honorable Gary E. Clary, Judge of the Circuit Court, At-Large Seat 5, to fill the unexpired term, which expires June 30, 2003, and the subsequent term; to elect a successor to the Honorable James E. Lockemy, Judge of the Circuit Court, At-Large Seat 6, whose term expires June 30, 2003; to elect a successor to the Honorable J. Cordell Maddox, Jr., Judge of the Circuit Court, At-Large Seat 7, whose term expires June 30, 2003; to elect a successor to the Honorable Kenneth G. Goode, Judge of the Circuit Court, At-Large Seat 8, whose term expires June 30, 2003; to elect a successor to the Honorable L. Henry McKellar, Judge of the Circuit Court, At-Large Seat 9, to fill the unexpired term, which expires June 30, 2003, and the subsequent term; to elect a successor to the Honorable James R. Barber III, Judge of the Circuit Court, At-Large Seat 10, whose term expires June 30, 2003; and to elect a successor to the Honorable Ray N. Stevens, Judge in the Administrative Law Judge Division, Seat 5, whose term expires June 30, 2003.
Be it further resolved that all nominations for judicial offices must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate. /
Renumber sections to conform.
Amend title to conform.

Rep. CATO explained the amendment.

The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:

Yeas 84; Nays 25

Those who voted in the affirmative are:

Allen                  Altman                 Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 G. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Koon
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Mahaffey
Martin                 McCraw                 Merrill
Moody-Lawrence         Neilson                Owens
Parks                  Perry                  Phillips
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Sandifer
Scarborough            Scott                  Sinclair
Skelton                D. C. Smith            F. N. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--84

Those who voted in the negative are:

Anthony                Branham                Breeland
J. Brown               R. Brown               Cobb-Hunter
Freeman                Gourdine               Govan
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Kennedy                Kirsh                  Lloyd
Lourie                 Mack                   J. M. Neal
Ott                    Rutherford             Sheheen
Weeks

Total--25

So, the amendment was adopted.

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

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

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

H. 3440 (Word version) -- Reps. Wilkins, W. D. Smith, Chellis, Witherspoon, Townsend, Harrison, Cato, J. Brown and Harrell: A HOUSE RESOLUTION TO PROVIDE THAT PURSUANT TO RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, SPECIFIED MEMBERS OF THE STAFF OF THE GOVERNOR BY SPECIAL LEAVE OF THE HOUSE MAY BE ADMITTED IN THE OUTER DOORS OF THE CHAMBER AND ARE GRANTED THE PRIVILEGE OF THE HOUSE FLOOR UNDER CERTAIN CONDITIONS DURING THE 2003 SESSION OF THE GENERAL ASSEMBLY.

Be it resolved by the House of Representatives:

That pursuant to Rule 10.1 of the Rules of the House of Representatives, the following members of the staff of the Governor by special leave of the House may be admitted in the outer doors of the Chamber and are granted the privilege of the House floor during the 2003 session of the General Assembly:

(1) Chip Campsen

(2) Mike Easterday

(3) James Law

(4) Swati Shah Patel

(5) John Russell

Be it further resolved that of the above-referenced members of the staff of the Governor, only three at any one time may be on the House floor and within the outer doors of the Chamber.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3441 (Word version) -- Reps. Howard, Parks and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 TO TITLE 2 SO AS TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES TO ACCOMPLISH CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS.
Referred to Committee on Education and Public Works

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 and Young: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION, PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THESE PROVISIONS.
Referred to Committee on Judiciary

H. 3443 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
On motion of Rep. FREEMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

Rep. HARRISON 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. 3407 (Word version) -- Reps. Harvin and Snow: A CONCURRENT RESOLUTION TO RECOGNIZE THE RICKENBAKER FAMILY OF DAVIS STATION AS THE LAST COTTON GIN OPERATORS IN CLARENDON COUNTY AND FOR THEIR COMMITMENT TO THE COTTON INDUSTRY IN CLARENDON COUNTY.

ADJOURNMENT

At 1:30 p.m. the House, in accordance with the motion of Rep. SNOW, adjourned in memory of James Munnerlyn, to meet at 2:00 p.m. tomorrow.

***

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