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

Tuesday, February 11, 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 Joel 2:26: "You shall eat in plenty and be satisfied, and praise the name of the Lord Your God, who has dealt wondrously with you. And my people shall never again be put to shame."
Let us pray. We give You thanks for all Your creation, the earth, sea and all creatures. Provide us with courage, wisdom and the will to do the right thing for the people of this State and for generations to come. May these Your people bring forth its unique gifts, that as we work with others in true partnership for the good of all. Hear us Good Lord. Amen.

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

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

MOTION ADOPTED

Rep. MCLEOD moved that when the House adjourns, it adjourn in memory of Mullins McLeod of Walterboro, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Coach Al Usher of Pageland who was critically injured in an automobile accident.

INVITATIONS

On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Electric Cooperatives of South Carolina, Inc. the Members of the House of Representatives are invited to a luncheon. This event will be held at the Carolina Center on Tuesday, March 11, 2003, from 12:30 p.m. until 2:30 p.m.
Sincerely,
Fred A. Cole
President and CEO

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the March of Dimes the members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, February 27, 2003, from 8:00 a.m. until 10:00 a.m.
Sincerely,
Magistrate Rita A. Simmons

HOUSE RESOLUTION

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

H. 3543 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE NATIONALLY RANKED MEN'S VARSITY LACROSSE TEAM OF LIMESTONE COLLEGE, HEAD COACH T. W. JOHNSON, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE NCAA DIVISION II NATIONAL LACROSSE CHAMPIONSHIP FOR 2002.
Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the members of the nationally ranked Men's Varsity Lacrosse Team of Limestone College, Head Coach T. W. Johnson, and other school officials at a date and time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the NCAA Division II National Lacrosse Championship for 2002.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3544 (Word version) -- Reps. Huggins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXTENDING THE SINCEREST GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO OUR FORMER COLLEAGUE, JOHN W. "BILL" RISER, FOR HIS DECADE OF DEDICATED SERVICE TO HOUSE DISTRICT NO. 69 IN LEXINGTON COUNTY AND THE STATE OF SOUTH CAROLINA, AND WISHING FOR HIM CONTINUED OPPORTUNITIES TO WORK WITH AND SERVE THE PEOPLE HE LOVES SO WELL.

Whereas, John W. "Bill" Riser served in the South Carolina House of Representatives for ten years representing House District No. 69 in Lexington County; and

Whereas, his election to that position followed an illustrious and successful career with the Clemson University Extension Agency; and

Whereas, he made use of his training in agriculture, his love of nature, and his natural geniality to become a media name instantly associated with agriculture and gardening, both as a columnist for THE STATE and as host of WIS-TV's "Early Riser Show"; and

Whereas, the Clemson University graduate and basketball great has made numerous contributions to his community and his church, being active in the Jaycees and Lions Clubs, and serving as Deacon of the Saluda Baptist Church; and

Whereas, his active and happy life always includes his loving wife, the former Peggy Ann Gwinn, and their three children, Deborah Ann, Karen Leah, and John William, Jr.; and

Whereas, his tenure in the House most recently included his effective membership on the critical Ways and Means Committee and on the budget subcommittee for Higher Education, TECH, and Cultural and his vital chairmanship of the legislative Personnel and Benefits Subcommittee. He was also a member of the Agriculture, Natural Resources and Environmental Affairs Committee for four years; and

Whereas, Bill Riser's departure from the floor of the House of Representatives can in no way herald his retirement from public service. This perpetual public servant will simply find another way to contribute to the State he loves. Now, therefore,

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

That the members of the South Carolina House of Representatives hereby extend sincerest gratitude to our former colleague, John W. "Bill" Riser, for his decade of dedicated service to House District No. 69 in Lexington County and the State of South Carolina, and wish for him continued opportunities to work with and serve the people he loves so well.

Be it further resolved that a copy of this resolution be presented to John W. "Bill" Riser.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3545 (Word version) -- Rep. Merrill: A CONCURRENT RESOLUTION TO COMMEND, CONGRATULATE, AND HONOR MARION THEODORE DUDLEY OF HANAHAN, FOR HIS MANY YEARS OF OUTSTANDING LEADERSHIP AND PUBLIC SERVICE IN THE UNITED STATES NAVY DURING AND AFTER WORLD WAR II, AND AS A VOCATIONAL SCHOOL TEACHER, MEMBER OF THE HANAHAN CITY COUNCIL AND MAYOR OF THE CITY OF HANAHAN, AND TO WISH HIM AND HIS FAMILY THE VERY BEST OF HEALTH AND HAPPINESS, AND EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3546 (Word version) -- Reps. Clemmons, Barfield, Edge, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BOB GRISSOM PARKWAY CONNECTOR-HIGHWAY 17 BYPASS OVERPASS IN HORRY COUNTY IN HONOR OF THE LATE PRIVATE FIRST CLASS JOSEPH JOHN "JOE" MCGARRY OF THE MYRTLE BEACH POLICE DEPARTMENT, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS OVERPASS CONTAINING THE WORDS "PFC JOE MCGARRY OVERPASS".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3547 (Word version) -- Reps. W. D. Smith and Martin: A CONCURRENT RESOLUTION APPLAUDING SOUTH CAROLINA NATIVE JONATHAN BYRD ON HIS SELECTION AS THE 2002 PGA TOUR ROOKIE OF THE YEAR AND WISHING HIM CONTINUED SUCCESSES ON THE LINKS AND IN LIFE.

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

INTRODUCTION OF BILLS

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

H. 3548 (Word version) -- Reps. Cooper, Kirsh and Trotter: A BILL TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TITLE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED.
Referred to Committee on Ways and Means

H. 3549 (Word version) -- Reps. J. E. Smith, Harrison and Coates: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ADJUTANT GENERAL'S OFFICE TO FURLOUGH STATE-FUNDED FTE'S DURING FISCAL YEAR 2002-2003 UNDER SPECIFIED CONDITIONS.
Referred to Committee on Ways and Means

H. 3550 (Word version) -- Reps. Duncan, W. D. Smith, E. H. Pitts, Frye, Herbkersman, M. A. Pitts, Clemmons, Harrison, Stille, Anthony, Viers, Koon, Harrell, Ceips, Gilham, Merrill, Pinson, Sandifer and Taylor: A JOINT RESOLUTION TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENGAGE A QUALIFIED INDEPENDENT AUDITING AND CONSULTING FIRM TO CONDUCT A FINANCIAL AND MANAGEMENT AUDIT OF THE STATE DEPARTMENT OF EDUCATION AND ANY OTHER RELATED ENTITIES IT CONSIDERS NECESSARY INCLUDING A REVIEW OF SCHOOL DISTRICT RECORDS IN ORDER TO PERFORM A COMPREHENSIVE ANALYSIS OF THE STATE BUDGETARY PROCESS IN REGARD TO EDUCATION FUNDING AND THE MANNER IN WHICH EDUCATION SERVICES ARE DELIVERED FOR THE PURPOSE OF REDUCING WASTE AND DUPLICATION WITHIN THIS SYSTEM AND MAKING IT AS FISCALLY EFFECTIVE AS POSSIBLE.
Referred to Committee on Ways and Means

H. 3551 (Word version) -- Reps. Gourdine, Umphlett, Bowers, Cobb-Hunter, Dantzler, Lee, M. A. Pitts, Weeks, J. Brown, Govan, Hosey, Breeland, Jennings, J. H. Neal, Bailey, Mack, Martin, Vaughn, Rutherford, J. Hines, Anthony, Allen, Barfield, Branham, G. Brown, R. Brown, Emory, Hagood, Harvin, Hayes, M. Hines, Howard, Kennedy, Leach, Lloyd, Lourie, McLeod, J. M. Neal, Ott, Parks, Pinson, Scarborough, Scott, F. N. Smith, Snow, Stille, Taylor and Whipper: A BILL TO AMEND SECTION 8-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS NOT CONSIDERED DUAL OFFICEHOLDERS SO AS TO PROVIDE THAT A MUNICIPAL POLICE OFFICER WHO HOLDS A LOCAL OFFICE IN A COUNTY OTHER THAN THE ONE IN WHICH HE EXERCISES LAW ENFORCEMENT RESPONSIBILITY OR A CORRECTIONS OFFICER WHO HOLDS A LOCAL OFFICE IN ANOTHER POLITICAL SUBDIVISION IS NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
Referred to Committee on Judiciary

H. 3552 (Word version) -- Reps. Lourie, J. E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION.
Referred to Committee on Judiciary

H. 3553 (Word version) -- Reps. Lourie, J. E. Smith, Rivers, J. H. Neal, Hosey, Altman, Bingham, Branham, Hamilton, J. Hines, M. Hines, Koon, McCraw, Moody-Lawrence, Scarborough, Toole and Weeks: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS TO MANUFACTURE AND SELL BEER AND WINE, SO AS TO INCLUDE PROXIMITY TO A CHILDCARE FACILITY AS A FACTOR THAT MAY BE CONSIDERED IN DETERMINING IF A LOCATION IS SUITABLE FOR THE ISSUANCE OF A PERMIT; AND TO AMEND SECTION 61-6-120, AS AMENDED, RELATING TO THE PROHIBITION AGAINST ISSUING A LICENSE FOR THE SALE OF ALCOHOLIC LIQUORS WITHIN A CERTAIN PROXIMITY OF A CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO EXTEND THIS PROHIBITION TO CHILDCARE FACILITIES.
Referred to Committee on Judiciary

H. 3554 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO ASSISTANT SOLICITORS AND TO CLARIFY A REFERENCE.
Referred to Committee on Ways and Means

H. 3555 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-31 AND 5-7-31 SO AS TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT ANY ORDINANCE THAT SUPERSEDES OR IMPOSES A MORE STRINGENT STANDARD THAN THE STANDARDS ESTABLISHED BY ACT 460 OF 1996.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3556 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2752, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3557 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3558 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3559 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2755, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3560 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2756, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3563 (Word version) -- Rep. Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-1-100 SO AS TO PROVIDE THAT A STRAW THAT IS DISTRIBUTED IN A RESTAURANT OR ANOTHER PUBLIC PLACE MUST BE COVERED IN A WRAPPER.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3564 (Word version) -- Reps. Richardson, Martin, Battle, Bowers, Ceips, Chellis, Clark, Clyburn, Davenport, Gilham, Harvin, Kirsh, Lloyd, Mahaffey, McCraw, McGee, Neilson, Snow, Stille, Thompson, Walker and Witherspoon: A BILL TO AMEND SECTION 27-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A HOMEOWNER OR A TENANT TO DISPLAY THE UNITED STATES FLAG ON HIS REAL PROPERTY, SO AS TO PROVIDE REASONABLE STANDARDS FOR A PORTABLE, REMOVABLE FLAG FOR HOME DISPLAY AND TO APPLY THE PROVISIONS RETROACTIVELY.
On motion of Rep. RICHARDSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3565 (Word version) -- Reps. Scarborough and Altman: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2004 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
Referred to Charleston Delegation

H. 3566 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-250 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO IMPOSE MONETARY FINES UPON COURT APPROVAL AND OTHER PENALTIES INCLUDING CERTIFICATE REVOCATION UPON AN ENTITY SUBJECT TO ITS JURISDICTION FOR WILFUL VIOLATION OF OR REFUSAL TO COMPLY WITH ANY STATUTE, REGULATION, OR ORDER OF THE COMMISSION, AND TO PROVIDE THAT THE COMMISSION ALSO MAY INSTITUTE A PROCEEDING FOR INJUNCTIVE RELIEF IN THE COURT OF COMMON PLEAS TO COMPEL AN ENTITY TO COMPLY WITH ANY STATUTE, REGULATION, OR ORDER OF THE COMMISSION.
Referred to Committee on Labor, Commerce and Industry

H. 3567 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 11-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUARTERLY CASH REPORTS REQUIRED TO BE PUBLISHED BY THE STATE TREASURER IN A DAILY COLUMBIA NEWSPAPER, SO AS TO ALLOW THE REPORT TO BE PUBLISHED ELECTRONICALLY IN A MANNER THAT ALLOWS FOR PUBLIC REVIEW.
Referred to Committee on Ways and Means

H. 3568 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE LICENSE APPLICATION REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION CONTAIN SOCIAL SECURITY NUMBERS OR THE ALIEN IDENTIFICATION NUMBERS ASSIGNED TO RESIDENT ALIENS WHO DO NOT HAVE SOCIAL SECURITY NUMBERS AND TO REQUIRE THE PARTIES TO SIGN THE APPLICATION IN THE PRESENCE OF AN EMPLOYEE OF THE COURT AND TO PRESENT A PHOTO IDENTIFICATION.
Referred to Committee on Judiciary

H. 3569 (Word version) -- Reps. Cooper, Kirsh and Trotter: A BILL TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEES EXEMPT FROM THE CLASSIFICATION AND COMPENSATION PLAN OF THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD AND EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXTEND THESE EXEMPTIONS TO EMPLOYEES OF THE LIEUTENANT GOVERNOR'S OFFICE AND TO MAKE TECHNICAL CORRECTIONS.
Referred to Committee on Ways and Means

H. 3570 (Word version) -- Rep. Scott: A BILL TO AMEND SECTIONS 7-11-15, 7-13-40, AND 7-13-45, ALL AS AMENDED, RELATING TO THE PROCEDURE FOR A CANDIDATE TO FILE AND RUN FOR PARTISAN OFFICES IN A PRIMARY AND GENERAL ELECTION, SO AS TO REQUIRE THE CANDIDATE TO FILE WITH THE AUTHORITY CHARGED BY LAW WITH CONDUCTING THE ELECTION INSTEAD OF THE POLITICAL PARTY.
Referred to Committee on Judiciary

H. 3571 (Word version) -- Reps. Bingham and Toole: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO CREATE A PRESUMPTION THAT A CARDIAC INCIDENT OCCURRING IN LAW ENFORCEMENT OFFICERS UNDER CERTAIN CONDITIONS AROSE OUT OF THE COURSE OF EMPLOYMENT.
Referred to Committee on Labor, Commerce and Industry

H. 3572 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 61-4-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS FOR SELLING BEER AND WINE, SO AS TO PROHIBIT THE ISSUANCE OF A PERMIT IF THE APPLICANT CONDUCTS GAMES USING FIREARMS AT WHICH PRIZES ARE AWARDED ON THE PROPERTY ON WHICH THE PLACE OF BUSINESS IS LOCATED AND IS TO BE LICENSED FOR ON-PREMISES CONSUMPTION OF BEER OR WINE.
Referred to Committee on Judiciary

H. 3575 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-85 SO AS TO PROVIDE FOR TREATMENT OF UNCLAIMED PROPERTY PAYABLE OR DISTRIBUTABLE IN THE COURSE OF THE DEMUTUALIZATION OF AN INSURANCE COMPANY AS ABANDONED IN FIVE YEARS; AND TO AMEND SECTION 27-18-180, AS AMENDED, RELATING TO REPORTS OF UNCLAIMED PROPERTY, SO AS TO REQUIRE THE FILING OF A REPORT OF UNCLAIMED DEMUTUALIZATION PROCEEDS BEFORE MAY FIRST.
Referred to Committee on Labor, Commerce and Industry

S. 251 (Word version) -- Senator Holland: A BILL TO AMEND ACT 868 OF 1954, AS AMENDED, RELATING TO THE MEMBERSHIP AND POWERS OF THE KERSHAW COUNTY HOSPITAL BOARD, SO AS TO ADD A MEMBER TO THE BOARD WHO MUST BE A PHYSICIAN AND WHO MUST BE APPOINTED BY THE KERSHAW COUNTY LEGISLATIVE DELEGATION UPON THE RECOMMENDATION OF A MAJORITY OF THE LICENSED PHYSICIANS RESIDING IN KERSHAW COUNTY.
Referred to Kershaw Delegation

CONCURRENT RESOLUTION

The following was introduced:

H. 3561 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF ARIE LANDRUM OF BISHOPVILLE, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3562 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. COLETTE MURRAY SWANN OF RICHLAND COUNTY ON BEING NAMED THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION'S 2002 EMPLOYEE OF THE YEAR (HEADQUARTERS), AND TO WISH HER CONTINUED SUCCESS IN HER FUTURE ENDEAVORS.

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

HOUSE RESOLUTION

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

H. 3573 (Word version) -- Reps. Huggins and McLeod: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO THE CHAPIN HIGH SCHOOL GIRLS CROSS COUNTRY TEAM AND COACH JACK LEGRAND FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE STATE CLASS AA CROSS COUNTRY CHAMPIONSHIP IN 2002.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives at a date and time to be determined by the Speaker is extended to the Chapin High School girls cross country team and Coach Jack LeGrand for the purpose of recognizing them for winning the State Class AA Cross Country Championship in 2002.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3574 (Word version) -- Reps. Huggins and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPIN HIGH SCHOOL GIRLS CROSS COUNTRY TEAM FOR WINNING THE STATE CLASS AA CROSS COUNTRY CHAMPIONSHIP FOR 2002.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3576 (Word version) -- Reps. Sheheen, Lucas and Cotty: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BEAVER CREEK BRIDGE ON SOUTH CAROLINA HIGHWAY 97 IN KERSHAW COUNTY IN HONOR OF THE LATE SENIOR TROOPER MICHAEL J. RAO AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE BRIDGE CONTAINING THE WORDS "SENIOR TROOPER MICHAEL J. RAO BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 11.

Anne Parks                        Bessie Moody-Lawrence
Jerry Govan                       Fletcher Smith
Karl Allen
Gary Simrill   Becky Martin
Seth Whipper

Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. John Oester of Lancaster 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. 3496 (Word version)
Date:   ADD:
02/11/03   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 3424 (Word version)
Date:   ADD:
02/11/03   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 3424 (Word version)
Date:   ADD:
02/11/03   THOMPSON

CO-SPONSOR ADDED

Bill Number:   H. 3214 (Word version)
Date:   ADD:
02/11/03   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3082 (Word version)
Date:   ADD:
02/11/03   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 3082 (Word version)
Date:   ADD:
02/11/03   TROTTER

CO-SPONSOR ADDED

Bill Number:   H. 3082 (Word version)
Date:   ADD:
02/11/03   THOMPSON

CO-SPONSOR ADDED

Bill Number:   H. 3538 (Word version)
Date:   ADD:
02/11/03   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 3369 (Word version)
Date:   ADD:
02/11/03   YOUNG

CO-SPONSOR ADDED

Bill Number:   H. 3483 (Word version)
Date:   ADD:
02/11/03   KIRSH

CO-SPONSOR ADDED

Bill Number:   H. 3427 (Word version)
Date:   ADD:
02/11/03   CEIPS

CO-SPONSOR ADDED

Bill Number:   H. 3373 (Word version)
Date:   ADD:
02/11/03   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3483 (Word version)
Date:   ADD:
02/11/03   BATTLE

CO-SPONSOR ADDED

Bill Number:   H. 3483 (Word version)
Date:   ADD:
02/11/03   LIMEHOUSE

CO-SPONSOR REMOVED

Bill Number:   H. 3496 (Word version)
Date:   REMOVE:
02/11/03   LUCAS

S. 158--OBJECTIONS AND REQUEST FOR DEBATE

The following Bill was taken up:

S. 158 (Word version) -- Senators Ravenel and Grooms: A BILL TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.

Reps. MACK, BREELAND, MILLER, R. BROWN, HARRELL, ALTMAN, LIMEHOUSE and SCARBOROUGH objected to the Bill.

Rep. J. R. SMITH requested debate on the Bill.

S. 310--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 310 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE BOND OF THE SUPERINTENDENT OF EDUCATION FOR OCONEE COUNTY AND THE OCONEE COUNTY SCHOOL DISTRICT SUPERINTENDENT OF EDUCATION SHALL BE A MINIMUM OF ONE HUNDRED THOUSAND DOLLARS RATHER THAN TEN THOUSAND DOLLARS.

Reps. SANDIFER and WHITMIRE proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20163SD03), which was adopted:
Amend the bill, as and if amended, in SECTION 1, line 24, by striking /one hundred thousand / and inserting / five hundred thousand /
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

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

H. 3303--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3303 (Word version) -- Reps. Duncan, M. A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL TO BAIT DEER AT ANY TIME ON PRIVATE LAND, OR TO HUNT DEER ON SUNDAY ON PRIVATE LAND DURING THE PRESCRIBED SEASON FOR HUNTING DEER.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5174DJC03):
Amend the bill, as and if amended, by striking Section 1 and inserting:
/   SECTION   1.   Section 50-11-310(E) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(E)   Notwithstanding any other provision of law, it is not unlawful to hunt deer on Sunday on private land in Game Zone 4 this State during the prescribed season for hunting deer." /
When amended Section 1 shall read:
/   SECTION   1.   Section 50-11-310(E) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(E)   Notwithstanding any other provision of law, it is not unlawful to hunt deer on Sunday on private land in Game Zone 4 this State during the prescribed season for hunting deer." /
Renumber sections to conform.
Amend title to conform.

Rep. RHOAD explained the amendment.

Reps. RICE, TROTTER, HAMILTON, WALKER, LEACH, LOFTIS, COLEMAN, FRYE, WHITE and THOMPSON requested debate on the Bill.

H. 3041--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE DURING GUN AND MUZZLELOADER HUNTING SEASONS FOR DEER, AND TO PROVIDE EXCEPTIONS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5175DJC03), which was adopted:
Amend the bill, as and if amended, by striking Section 1 and inserting:
/   SECTION   1.   Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-315.   All persons hunting deer must wear a hat, shirt, coat, or vest of solid visible international orange. This section does not apply to those persons occupying a stand more than six feet above ground surface level." /
When amended Section 1 shall read:
/   SECTION   1.   Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-315.   All persons hunting deer must wear a hat, shirt, coat, or vest of solid visible international orange. This section does not apply to those persons occupying a stand more than six feet above ground surface level." /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3361--REQUESTS FOR DEBATE

The following Bill was taken up:

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

Reps. TOWNSEND, CATO, TRIPP, BARFIELD, VAUGHN, LEACH, PHILLIPS, WITHERSPOON, J. H. NEAL, LLOYD, OTT, MARTIN, SINCLAIR, GILHAM, KEEGAN, HOSEY, MOODY-LAWRENCE, MILLER, KENNEDY and VIERS requested debate on the Bill.

H. 3424--POINT OF ORDER

The following Bill was taken up:

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, Witherspoon, Taylor, Bales, Neilson, Bailey and Thompson: 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.

POINT OF ORDER

Rep. HARRELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3496--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3496 (Word version) -- Reps. Harrell, Wilkins, W. D. Smith, Bingham, Chellis, Clyburn, Cotty, Kirsh, McCraw, Merrill, Rice, Sheheen, Walker, Young, Harvin and Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT FOR THE STATE AND ITS POLITICAL SUBDIVISIONS TO HAVE BUDGET PROCESSES DESIGNED TO KEEP REVENUES AND EXPENDITURES IN BALANCE, THE LIMITATION ON STATE APPROPRIATIONS, AND THE LIMITATIONS ON STATE EMPLOYEES, SO AS TO DELETE THE EXISTING STATE SPENDING LIMITATION AND REQUIRE THE GENERAL ASSEMBLY TO REPLACE IT BY A LAW PROVIDING A LIMIT ON STATE SPENDING FOR A FISCAL YEAR THAT IS THE LESSER OF THE TOTAL OF THE STATE APPROPRIATIONS IN THE PRIOR YEAR PLUS SIX PERCENT OR THE TOTAL OF STATE APPROPRIATIONS IN THE PRIOR YEAR ADJUSTED FOR INFLATION AND POPULATION GROWTH AND PROVIDE THAT THE GENERAL ASSEMBLY IN ENACTING THE LIMIT SHALL DEFINE THE APPROPRIATIONS TO WHICH THE LIMIT APPLIES, AND EXCEPTIONS TO THE LIMIT, AND THE METHOD OF CALCULATING THE LIMIT AND PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A NEW "SPENDING LIMIT RESERVE FUND" TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN A FISCAL YEAR IN EXCESS OF THE APPLICABLE CONSTITUTIONAL SPENDING LIMIT, TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE IMPLEMENTING LAW SHALL DEFINE SURPLUS REVENUES, PROVIDE THE PURPOSES FOR WHICH THE REVENUES CREDITED TO THIS FUND MUST BE USED, AND THE TIMING AND METHOD OF THE GENERAL ASSEMBLY'S APPROPRIATION OF THESE REVENUES AND TO PROVIDE THAT THE IMPLEMENTING LAW MAY NOT BE AMENDED OR REPEALED EXCEPT BY A SPECIAL VOTE DEFINED AS A RECORDED ROLL-CALL VOTE OF AT LEAST TWO-THIRDS OF THE MEMBERS IN EACH BRANCH PRESENT AND VOTING, BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH BRANCH.

POINT OF ORDER

Rep. HARRELL made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

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

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

Rep. PARKS explained the Joint Resolution.

H. 3540--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3540 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO ADVERTISING AND SOLICITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

POINT OF ORDER

Rep. TAYLOR made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3259--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3259 (Word version) -- Rep. Lucas: A BILL TO ENACT THE "SCHOOL DISTRICT OF DARLINGTON COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN DARLINGTON COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

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

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

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

H. 3577 (Word version) -- Reps. J. Hines, Neilson and Lucas: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LAMAR HIGH SCHOOL FOOTBALL TEAM AND ITS COACHING STAFF AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2002 CLASS A STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Lamar High School football team and its coaching staff at a date and time to be determined by the Speaker, for the purpose of being recognized for winning the 2002 Class A State Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3578 (Word version) -- Reps. J. Hines, Neilson and Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAMAR HIGH SCHOOL SILVER FOXES FOOTBALL TEAM ON WINNING ITS FIRST CLASS A STATE CHAMPIONSHIP ON SATURDAY, DECEMBER 7, 2002, COMMEND THE PLAYERS, COACHES, AND STAFF FOR THEIR HARD WORK AND DEDICATION, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

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

INTRODUCTION OF BILLS

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

H. 3579 (Word version) -- Reps. Rice and McGee: A BILL TO ENACT THE "SOUTH CAROLINA HEALTH AND HUMAN SERVICES REORGANIZATION AND ACCOUNTABILITY ACT OF 2003"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 30, TITLE 1 SO AS TO TRANSFER THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURB CHILDREN FROM THE OFFICE OF THE GOVERNOR TO THE DEPARTMENT OF SOCIAL SERVICES, TO TRANSFER THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES AND THE DEPARTMENT OF MENTAL HEALTH TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO TRANSFER THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO THE DEPARTMENT OF VOCATIONAL REHABILITATION; TO ADD ARTICLE 5, CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR HEALTH AND HUMAN SERVICES AGENCIES AND TO PROVIDE FOR ITS POWERS AND DUTIES; BY ADDING CHAPTER 64, TITLE 2 SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON HEALTH AND HUMAN SERVICES AND TO PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, DUTIES, AND RESPONSIBILITIES; BY ADDING ARTICLE 8, CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE OFFICE OF INSPECTOR GENERAL FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE THAT THE INSPECTOR GENERAL MUST BE APPOINTED BY AND UNDER THE DIRECTION OF THE JOINT LEGISLATIVE COMMITTEE ON HEALTH AND HUMAN SERVICES, AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE INSPECTOR GENERAL; BY ADDING SECTION 44-6-75 SO AS TO PROVIDE FOR A MEDICAID COST CONTAINMENT ACTION PLAN; BY ADDING SECTION 12-21-625 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON EACH CIGARETTE SUBJECT TO THE LICENSE TAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.1 CENTS ON EACH CIGARETTE, TO ESTABLISH THE MEDICAID SERVICES FUND TO RECEIVE THE REVENUE OF THIS TAX AND PROVIDE FOR THE USE OF THIS FUND FOR REORGANIZATION AND PUBLIC HEALTH PURPOSES, TO CREATE A MEDICAID MATCHING FUND, AND TO PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF THIS ADDITIONAL TAX; TO AMEND SECTION 44-6-155, RELATING TO THE MEDICAID EXPANSION FUND, SO AS TO INCLUDE WITHIN THE FUND THE TAX IMPOSED BY SECTION 12-21-625; TO REPEAL SECTIONS 12-6-530 AND 12-6-540, RELATING TO THE STATE CORPORATE INCOME TAX AND THE STATE INCOME TAX ON THE TAXABLE INCOME OF EXEMPT ORGANIZATIONS AND COOPERATIVES EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 2005 AND TO REDUCE THE EXISTING RATE OF THESE TAXES TO FOUR PERCENT FOR TAXABLE YEARS BEGINNING IN 2004 AND TWO PERCENT FOR TAXABLE YEARS BEGINNING IN 2005; TO REQUIRE THE DIRECTOR OF THE LEGISLATIVE AUDIT COUNCIL TO EMPLOY AUDITORS TO PERFORM REGULAR AUDITS ON DEPARTMENTS AFFECTED BY THIS ACT; AND TO DESIGNATE SECTIONS 1-30-10 THROUGH 1-30-120 AS ARTICLE 1, CHAPTER 30, TITLE 1 AND NAMED "DEPARTMENTS OF STATE GOVERNMENT".
Referred to Committee on Ways and Means

H. 3580 (Word version) -- Reps. Neilson, Allen, Bales, Emory, Freeman, J. Hines, Jennings, Leach, Lucas, Snow and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-287 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF CAUSING A MOTOR VEHICLE ACCIDENT, IN ADDITION TO ANY OTHER PENALTY, MUST BE FINED TWO HUNDRED DOLLARS AND HAVE HIS DRIVER'S LICENSE SUSPENDED UNTIL HE SUCCESSFULLY COMPLETES A DRIVER TRAINING COURSE.
Referred to Committee on Education and Public Works

H. 3581 (Word version) -- Reps. Neilson, Clark, Dantzler, Emory, Freeman, J. Hines, Hinson, Keegan, Lucas, J. M. Neal, Richardson, Rivers, Snow and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROVIDE THAT A DRIVER OF CERTAIN VEHICLES WHO CONTRIBUTES TO AN ACCIDENT WHICH MUST BE REPORTED TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION SUCCESSFULLY SHALL COMPLETE A COMMERCIAL MOTOR VEHICLE DRIVER RETRAINING COURSE APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY WITHIN NINETY DAYS OF THE ACCIDENT, AND TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE COURSE.
Referred to Committee on Education and Public Works

H. 3582 (Word version) -- Reps. Neilson, Cotty, Govan, J. Hines, Gourdine, Limehouse, Hosey, Altman, Anthony, Bales, Battle, Bowers, R. Brown, Ceips, Chellis, Clark, Coates, Emory, Freeman, Gilham, Hagood, Hamilton, Harvin, Herbkersman, Keegan, Kennedy, Leach, Littlejohn, Lucas, Mack, Mahaffey, McCraw, McLeod, Miller, J. M. Neal, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Sandifer, Sinclair, G. M. Smith, J. R. Smith, Snow, Stille, Talley, Thompson, Toole, Umphlett, Vaughn, Walker, Weeks, White and Whitmire: A JOINT RESOLUTION TO CREATE THE WORLD WAR II MEMORIAL MONUMENT COMMISSION AND TO PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Referred to Committee on Education and Public Works

CONCURRENT RESOLUTION

The following was introduced:

H. 3583 (Word version) -- Reps. Neilson, J. Hines, Gourdine, Hosey, Govan, Barfield, Battle, Bowers, Davenport, Freeman, M. Hines, Leach, McCraw, Miller, Moody-Lawrence, Phillips, G. M. Smith, J. R. Smith, Snow, Thompson, Vaughn and Weeks: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, AND SPECIFICALLY THE HONORABLE JOHN SPRATT, TO AWARD WILLIAM G. "BILLY" FARROW THE CONGRESSIONAL MEDAL OF HONOR FOR HIS VALOR EXHIBITED IN LAYING DOWN HIS LIFE FOR HIS COUNTRY DURING DOOLITTLE'S RAID ON TOKYO, APRIL 18, 1942.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

Rep. J. BROWN 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. 3534 (Word version) -- Reps. Perry, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE BOY SCOUT CARSON ABELE OF AIKEN ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

H. 3535 (Word version) -- Reps. Perry, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE BOY SCOUT DAVID I. STEVENS OF AIKEN ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE AND THE BRONZE PALM AWARD, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

H. 3536 (Word version) -- Reps. Perry, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE EAGLE SCOUT AARON CUNNINGHAM OF LONGWOOD, FLORIDA, ON HAVING EARNED THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

H. 3537 (Word version) -- Reps. Perry, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE ROBERT MATTHEW FREEMAN OF AIKEN ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

H. 3542 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE KELLY McCORKLE FOR HER WONDERFUL REIGN AS MISS SOUTH CAROLINA 2002, AND TO WISH HER EVERY SUCCESS IN THE FUTURE AS HER REIGN COMES TO A CLOSE.

ADJOURNMENT

At 1:40 p.m. the House, in accordance with the motion of Rep. MCLEOD, adjourned in memory of Mullins McLeod of Walterboro, to meet at 10:00 a.m. tomorrow.

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