Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Isaiah 55:6: "Seek the Lord while He may be found, call upon Him while He is near."
Let us pray. Grant us new courage and hope, O God, that we may again believe in Your steadfast grace. Help us to believe You will do everything You have promised. Your love is eternal. Complete the work that You have begun. Thank You Lord for supporting us in all our tasks. Hear us as we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. W. D. SMITH moved that when the House adjourns, it adjourn in memory of Donald Christian "Chris" Myers, which was agreed to.
The following was received:
Columbia, S.C., February 18, 2003
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
The following was introduced:
H. 3618 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PERMANENTLY REPEAL THE DEATH TAX.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3619 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO CONTINUE TO GRANT PENSION MONIES AND INDIVIDUAL RETIREMENT ACCOUNTS FAVORABLE TAX TREATMENT AND REPEAL THE PROVISIONS OF THE 2001 TAX RELIEF LEGISLATION WHICH IMPEDE SUCH FAVORABLE TREATMENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3620 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO GIVE FIRST PRIORITY TO SUPPORTING AND PASSING THE DEFENSE APPROPRIATIONS BILL BEFORE OTHER APPROPRIATION MEASURES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3621 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ABOLISH THE ALTERNATIVE MINIMUM TAX.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3622 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO SUPPORT AND VOTE FOR ALL EFFORTS TO BUILD AND DEPLOY A NATIONAL MISSILE DEFENSE SYSTEM AS RAPIDLY AS POSSIBLE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3623 (Word version) -- Reps. Whipper, Bailey, Bales, Bingham, Breeland, R. Brown, Clyburn, Edge, Govan, Haskins, Hayes, J. Hines, Hosey, Jennings, Littlejohn, Lloyd, Loftis, Mack, Moody-Lawrence, J. H. Neal, Rivers and Rutherford: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS AND CIRCUMSTANCES UNDER WHICH THE IDENTITIES OF AN ADOPTEE, THE BIOLOGICAL PARENTS, AND THE SIBLINGS OF THE ADOPTEE MUST BE DISCLOSED, SO AS TO DELETE THE REQUIREMENT THAT AFFIDAVITS OF THE ADOPTEE, THE BIOLOGICAL PARENTS, AND SIBLINGS MUST BE ON FILE AUTHORIZING DISCLOSURE AND TO DELETE THE PROHIBITION AGAINST RELEASING INFORMATION FOR THIRTY DAYS.
Referred to Committee on Judiciary
H. 3625 (Word version) -- Reps. Whipper, Hosey, Weeks, Rutherford, J. Brown, Allen, Bailey, Bales, Branham, R. Brown, Clyburn, Cobb-Hunter, Gourdine, Hamilton, Haskins, J. Hines, M. Hines, Keegan, Littlejohn, Lloyd, Loftis, Mack, J. H. Neal and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IS NOT VALID IN THE STATE AFTER DECEMBER 31, 2004, AND TO PROVIDE THAT OTHERWISE VALID COMMON LAW MARRIAGES ENTERED INTO BEFORE JANUARY 1, 2005, CONTINUE TO BE RECOGNIZED IN THE STATE; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Referred to Committee on Judiciary
H. 3626 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUMPING OF LITTER, SO AS TO PROVIDE THAT A PERSON MAY NOT DUMP, THROW, DROP, DEPOSIT, DISCARD, OR DISPOSE OF UNSOLICITED ADVERTISEMENTS ON PRIVATE PROPERTY, AND TO PROVIDE A DEFINITION FOR THE TERM "UNSOLICITED ADVERTISEMENT".
Referred to Committee on Judiciary
H. 3628 (Word version) -- Reps. Wilkins, Harrell, Townsend, Taylor, Bingham, Rutherford, Lloyd, Huggins, Kirsh, Rhoad, McLeod, Barfield, Ceips, Clark, Clyburn, Cobb-Hunter, Delleney, Duncan, Emory, Gilham, Herbkersman, Littlejohn, Lourie, Mahaffey, Martin, J. M. Neal, Ott, Pinson, M. A. Pitts, Richardson, Rivers, Scarborough, Skelton, Thompson, Toole, Walker and White: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.
On motion of Rep. TOWNSEND, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3629 (Word version) -- Reps. Cooper, Kirsh and Trotter: A BILL TO AMEND SECTION 27-18-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF ABANDONED PROPERTY FOR PURPOSES OF THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE FOR NOTICE BY ELECTRONIC MEANS AS AN ALTERNATIVE TO NEWSPAPER PUBLICATION.
Referred to Committee on Labor, Commerce and Industry
H. 3630 (Word version) -- Reps. McLeod and Duncan: A BILL TO ENACT THE NEWBERRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN NEWBERRY COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
On motion of Rep. MCLEOD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3631 (Word version) -- Reps. McLeod and Duncan: A BILL TO AMEND ACT 189 OF 1957, RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF NEWBERRY COUNTY TO SELL SURPLUS SCHOOL PROPERTY AND RATIFYING EARLIER SALES MADE BY THE BOARD, SO AS TO DELETE THE PROVISION RELATING TO THE DISPOSITION OF PROPERTY.
On motion of Rep. MCLEOD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 177 (Word version) -- Senator Moore: A BILL TO AMEND SECTIONS 50-11-120 AND 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO AMEND THE LAWFUL DATES FOR HUNTING RACOON AND OPOSSUM WITH A WEAPON, TO MAKE IT LAWFUL TO HUNT RACOON AND OPOSSUM WITH DOGS AT ANYTIME DURING THE YEAR, AND TO REQUIRE WEAPONS TO BE UNLOADED AND LOCKED IN A VEHICLE WHEN HUNTING A RACOON, OPOSSUM, OR FOX DURING THE DATES WHEN WEAPONS ARE NOT ALLOWED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 358 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Referred to Clarendon Delegation
On motion of Rep. WALKER, with unanimous consent, the following was taken up for immediate consideration:
H. 3624 (Word version) -- Reps. Walker, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A CONCURRENT RESOLUTION TO RECOGNIZE SPARTANBURG COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE MARCH 12, 2003, AS "SPARTANBURG COUNTY DAY" IN SOUTH CAROLINA.
Whereas, the population of Spartanburg County has grown over ten percent during the ten years between 1990 and 2000, with census figures going from 226,800 in 1990 to an estimated 253,791 in 2000. In 2001 the census figure rose another 3,470 to 257,261, and additional population growth is expected for 2002 and this year; and
Whereas, Spartanburg County is the home of BMW Manufacturing Corporation which began production at its first North American assembly plant in Spartanburg in September 1994, and from which the famous Z4 Roadster and X5 Sports Activity Vehicle is manufactured and distributed; and
Whereas, Spartanburg County is the home to more than one hundred other international firms representing sixteen countries and is noteworthy as having the highest per capita international investment of any area in the country; and
Whereas, more than five hundred manufacturing firms call Spartanburg County home; the county has diversified its economy beyond the textile industry to add automotive and automotive-related industry, food processing and packaging, metal working and stamping among its wide array of industries; and
Whereas, Spartanburg County is also the headquarters of Denny's, Extended Stay America, Advance America, and QS1; and
Whereas, Spartanburg County is South Carolina's "melting pot", blending Southern culture with dashes and dollops of German, Swiss, Japanese, Indian, Asian, British, and a myriad of other influences which create a population center filled with cultural and international diversity; and
Whereas, Spartanburg County offers an excellent environment for working, living, and playing; it has a county council with six members elected from single-member districts and a chairman elected at large; its largest city is Spartanburg with a population of over fifty thousand, and the county is home to thirteen other municipalities with their own elected councils and mayors; and
Whereas, Spartanburg County offers excellent educational opportunities for all of its citizens; it has forty-one public elementary schools, fourteen public middle or junior high schools, nine public high schools, four private schools, and three vocational schools; the colleges and universities located within the county borders include Converse College, Sherman College of Straight Chiropractic, Spartanburg Methodist College, Spartanburg Technical College, Wofford College, and the University of South Carolina-Spartanburg; the South Carolina School for the Deaf and the Blind and the Charles Lea Center also serve the state's citizens from their Spartanburg County locations; and
Whereas, Wofford College in Spartanburg County is the home of the National Football League's Carolina Panthers Training Camp; and
Whereas, Spartanburg County is the proud home of the "Miss South Carolina Pageant" held in July of every year; and
Whereas, Spartanburg County enjoys thirty-five parks, five golf courses, historical sites, and many other cultural and recreational opportunities. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly hereby recognize Spartanburg County for its many accomplishments and declare March 12, 2003, as "Spartanburg County Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Spartanburg County Chamber of Commerce.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3627 (Word version) -- Rep. Harrell: A HOUSE RESOLUTION EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT NO PERMANENT LAW, I.E., PART II'S, SHOULD BE INCLUDED IN THE GENERAL APPROPRIATIONS BILL FOR FISCAL YEAR 2003-2004, WHEN THE BILL IS UNDER CONSIDERATION IN THE HOUSE BEGINNING THE WEEK OF MARCH 10, 2003.
The Resolution was ordered referred to the Committee on Ways and Means.
The Senate sent to the House the following:
S. 362 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE CHARLES "LEFTY" DRIESELL OF VIRGINIA BEACH, VIRGINIA, UPON HIS RECENT RETIREMENT AND TO WISH HIM AND HIS FAMILY MUCH FUTURE HAPPINESS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Altman Anthony Bailey Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal 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 Snow Stewart Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, February 18.
Mack Hines Doug Smith Harry Stille Jimmy Bales David Weeks Jerry Govan Anne Parks Bill Cotty William Bowers Seth Whipper Denny Neilson Gary Simrill Fletcher Smith Brenda Lee
Announcement was made that Dr. March Seabrook of West Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3198 (Word version)
Date: ADD:
02/18/03 EDGE
Bill Number: H. 3590 (Word version)
Date: ADD:
02/18/03 PINSON
Bill Number: H. 3616 (Word version)
Date: ADD:
02/18/03 CLARK
Bill Number: H. 3550 (Word version)
Date: ADD:
02/18/03 CLARK
Bill Number: H. 3553 (Word version)
Date: ADD:
02/18/03 CLARK
Rep. TROTTER moved to adjourn debate upon the following Bill, which was adopted:
H. 3599 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 3 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF DILLON COUNTY SCHOOL DISTRICT 3 IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
Rep. TROTTER moved to adjourn debate upon the following Bill, which was adopted:
H. 3600 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 2 TO ISSUE AND SELL GENERAL OBLIGATION REFUNDING BONDS OF DILLON COUNTY SCHOOL DISTRICT 2 IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED FORTY THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3615 (Word version) -- Rep. Taylor: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 5, 2002, AND JANUARY 23 AND 24, 2003, BY THE STUDENTS OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3589 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT NEW APPLICATIONS MAY BE ACCEPTED UNDER THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM FOR A SPECIFIED PERIOD OF TIME UNDER CERTAIN CONDITIONS.
Rep. COOPER explained the Joint Resolution.
The following Bill was taken up:
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, Witherspoon, Young, White, Clemmons, Bailey and Viers: 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.
Rep. RICE spoke against the Bill.
Rep. RICHARDSON spoke in favor of the Bill.
Rep. RICE moved to commit the Bill to the Committee on Judiciary.
Rep. RICHARDSON moved to table the motion.
Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bales Barfield Battle Bingham Branham G. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Freeman Gilham Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hosey Huggins Keegan Kirsh Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee Miller Moody-Lawrence Ott Parks Phillips Pinson E. H. Pitts Quinn Rhoad Richardson Sandifer Scarborough Sinclair D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Stille Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Viers White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bowers Breeland J. Brown Cotty Gourdine Howard Jennings Kennedy Lloyd Mack McLeod Merrill J. H. Neal Owens Perry M. A. Pitts Rice Rivers Rutherford Scott Sheheen Skelton Talley Weeks Whipper
So, the motion to commit the Bill was tabled.
The Bill was read the third time and ordered sent to the Senate.
Rep. SCOTT moved to adjourn debate upon the following Bill until Wednesday, February 19, which was adopted:
H. 3198 (Word version) -- Reps. Easterday, Altman, Coates, Sandifer, McGee, Clemmons and Edge: A BILL TO AMEND SECTION 30-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.
Rep. HOWARD asked unanimous consent to recall H. 3563 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. ALTMAN objected.
On motion of Rep. DELLENEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary:
S. 9 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE, AND SPECIFICALLY THOSE CREATED AND ESTABLISHED FOR THE PURPOSE OF FURNISHING NATURAL GAS THROUGHOUT THEIR RESPECTIVE AREAS, JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
On motion of Rep. DELLENEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary:
H. 3210 (Word version) -- Reps. Delleney, Altman, Stille, Richardson and Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 6 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE CREATED AND ESTABLISHED FOR THE PURPOSE OF JOINTLY UNDERTAKING THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
Rep. SCOTT asked unanimous consent to recall H. 3132 (Word version) from the Committee on Judiciary.
Rep. ALTMAN objected.
The following Concurrent Resolution was taken up:
S. 312 (Word version) -- Senators Knotts, Setzler and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF NATURAL RESOURCES TO RENAME THE HOPE FERRY LANDING ON THE SALUDA RIVER IN LEXINGTON COUNTY, THE "JAMES R. METTS LANDING" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE LANDING CONTAINING THE WORDS "JAMES R. METTS LANDING".
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the Department of Transportation and the Department of Natural Resources to rename the Hope Ferry Landing on the Saluda River in Lexington County the "James R. Metts Landing" and to erect appropriate markers or signs at the landing containing the words "James R. Metts Landing".
Be it further resolved that copies of this resolution be forwarded to the Department of Transportation and the Department of Natural Resources.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
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.
Whereas, the members of the General Assembly of the State of South Carolina request that William G. "Billy" Farrow be given a posthumous Congressional Medal of Honor for his courage during the raid on Tokyo, commanded by Lieutenant Colonel Jimmy Doolittle in 1942; and
Whereas, Billy Farrow was a pilot from Darlington, South Carolina, who was captured after Doolittle's raid and executed by the Japanese at the age of twenty-four; and
Whereas, he graduated from St. John's High School in 1936 and is buried at Arlington National Cemetery; and
Whereas, Billy Farrow, like the rest of Doolittle's Raiders, exhibited courage when he volunteered for the mission that left from the deck of the aircraft carrier USS Hornet; and
Whereas, the raid was the first retaliatory strike at the Japanese after their attack on Pearl Harbor on December 7, 1941, and it sent a psychological shock to the Japanese, who sat in false confidence that their country was safe from bombing; and
Whereas, Lieutenant Farrow piloted one of the sixteen B-25 bombers that flew in the raid and was one of eight flyers captured after their planes crash landed. Lieutenant Farrow, Lieutenant Dean Hallmark, and Sergeant Harold Spatz were executed by a firing squad in October, 1942; and
Whereas, the General Assembly requests that William G. "Billy" Farrow be given a posthumous Congressional Medal of Honor for his commendable bravery. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly urge the South Carolina Congressional Delegation, and specifically the Honorable John Spratt, to award William G. "Billy" Farrow the Medal of Honor for his valor exhibited in laying down his life for his country during Doolittle's raid on Tokyo, April 18, 1942.
Be it further resolved that copies of this resolution be forwarded to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
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".
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly request the Department of Transportation to name the 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 the overpass containing the words "PFC Joe McGarry Overpass".
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.
Rep. RICE moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3632 (Word version) -- Reps. Battle and Jennings: A CONCURRENT RESOLUTION TO CONGRATULATE SCOUT RAND WALLER OF MARION COUNTY 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 CONTINUED SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3633 (Word version) -- Rep. Duncan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 23, 2003, AND JANUARY 24, 2003, BY THE STUDENTS OF ANY SCHOOL IN THE LAURENS COUNTY SCHOOL DISTRICT NUMBER FIFTY-SIX WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. DUNCAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3634 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 40-13-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIENNIAL RENEWAL OF A COSMETOLOGY LICENSE, SO AS TO DELETE CONTINUING EDUCATION AS A PREREQUISITE TO LICENSE RENEWAL.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3635 (Word version) -- Rep. Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-3-930 AND 56-3-940 SO AS TO IMPOSE A HIGHWAY SAFETY FEE ON THE SALE OR LEASE OF EACH MOTOR VEHICLE, MOTORCYCLE, TRAILER, OR SEMI-TRAILER PULLED BY A TRUCK TRACTOR, AND SELF-PROPELLED RECREATIONAL VEHICLE IN AN AMOUNT EQUAL TO ONE HUNDRED DOLLARS FOR A NEW VEHICLE AND FIFTY DOLLARS FOR A USED VEHICLE, AND TO IMPOSE A BIENNIAL ROAD-USE FEE EQUAL TO TWO HUNDRED DOLLARS ON ALTERNATIVE FUEL VEHICLES AND TO PROVIDE FOR THE USE OF THE REVENUES OF THESE FEES, BY ADDING SECTION 56-31-60, SO AS TO IMPOSE A SIX DOLLAR A DAY HIGHWAY USER FEE ON RENTAL CARS, PROVIDE FOR THE USE OF THE FEE REVENUES, AND PROVIDE PENALTIES FOR VIOLATIONS, TO AMEND SECTION 12-28-110, RELATING TO DEFINITIONS FOR PURPOSES OF THE LICENSE TAX ON MOTOR FUELS, SO AS TO REVISE AND ADD DEFINITIONS, TO AMEND SECTION 12-28-310, RELATING TO THE IMPOSITION OF THE LICENSE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO EMPLOY NEW DEFINITIONS IN THE IMPOSITION OF THE TAX AND TO IMPOSE A HIGHWAY USER FEE OF FIVE CENTS A GALLON ON GASOLINE, SYNTHETIC, AND BLENDED FUEL, AND FIVE CENTS A GALLON ON DIESEL FUEL AND TO ADJUST THESE USER FEES ANNUALLY FOR INFLATION IN AN AMOUNT NOT TO EXCEED FOUR PERCENT, TO AMEND SECTION 12-28-990, RELATING TO THE TAX ON THE BLENDING OF UNTAXED MATERIALS, SO AS TO UPDATE A DEFINITION, TO AMEND SECTION 12-28-2750, RELATING TO THE CREDITING OF MOTOR FUEL TAX REVENUES TO THE STATE HIGHWAY FUND, SO AS TO PROVIDE FOR THE FULL CREDITING OF THESE REVENUES AND REQUIRE A LEGISLATIVE SUPER MAJORITY TO DIVERT THESE REVENUES, TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE DRIVER'S LICENSE FEE, SO AS TO INCREASE THE FEE FROM TWELVE DOLLARS AND FIFTY CENTS TO TWENTY-FIVE DOLLARS AND PROVIDE FOR THE CREDITING OF THE REVENUES AND REQUIRE A LEGISLATIVE SUPER MAJORITY TO DIVERT THESE REVENUES, TO AMEND SECTIONS 56-3-620 AND 56-3-910, BOTH AS AMENDED, RELATING TO VEHICLE REGISTRATION FEES AND USE OF FEE AND PENALTY REVENUES ARISING FROM VEHICLE REGISTRATIONS, SO AS TO INCREASE THE VEHICLE REGISTRATION FEE ON VEHICLES OWNED OR LEASED BY PERSONS UNDER SIXTY-FIVE YEARS OF AGE FROM TWENTY-FIVE DOLLARS TO THIRTY-FIVE DOLLARS A BIENNIUM AND TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUES AND REQUIRE A LEGISLATIVE SUPER MAJORITY TO DIVERT THE REVENUES, AND TO AMEND SECTION 56-11-410, RELATING TO ROAD TAX ON MOTOR CARRIERS, SO AS TO INCREASE THE ROAD TAX BY THE AMOUNT OF THE DIESEL FUEL USER FEE IMPOSED BY THIS ACT.
Referred to Committee on Ways and Means
H. 3636 (Word version) -- Reps. Snow, G. Brown, Coates, Cobb-Hunter, J. Hines, Kennedy, Martin, J. H. Neal, Sandifer, G. M. Smith, Weeks and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-960 SO AS TO PROVIDE THAT A PERSON OR GROUP ENGAGING IN A MUSICAL PRODUCTION OR PERFORMANCE MAY UTILIZE THE NAME OF ANOTHER PERSON OR GROUP IF THAT PERSON OR ONE MEMBER OF THE GROUP UTILIZING THE NAME PERFORMED A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, TO DEFINE "SIGNIFICANT ROLE" FOR PURPOSES OF THIS SECTION, TO PROVIDE FOR PERFORMANCE OF A "SALUTE" OR "TRIBUTE" ONLY BY A PERSON OR GROUP THAT DID NOT PERFORM A SIGNIFICANT ROLE IN THE RECORDINGS OF A PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, AND TO PROVIDE THAT A PERSON OR GROUP UTILIZING THE NAME OF ANOTHER PERSON OR GROUP THAT DID NOT PERFORM A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP SHALL AFFIRMATIVELY DISCLOSE THAT THEY DID NOT PERFORM A SIGNIFICANT ROLE IN THE PRODUCTION OR RELEASE OF THE RECORDINGS OR WITH THE PERSON OR GROUP WHO PRODUCED AND RELEASED THE RECORDINGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Judiciary
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3599 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 3 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF DILLON COUNTY SCHOOL DISTRICT 3 IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
H. 3600 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 2 TO ISSUE AND SELL GENERAL OBLIGATION REFUNDING BONDS OF DILLON COUNTY SCHOOL DISTRICT 2 IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED FORTY THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
Rep. RUTHERFORD moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 12:45 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R1, S. 129 (Word version)) -- Senator Hayes: AN ACT TO AMEND ACT 192 OF 1995, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY, SO AS TO INCREASE THE COMMISSION FROM SEVEN TO EIGHT AND TO PROVIDE FOR THE APPOINTMENT AND ELECTION OF THE CHAIRMAN.
(R2, S. 158 (Word version)) -- Senators Ravenel and Grooms: AN ACT TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.
(R3, S. 188 (Word version)) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 3, 2002, BY THE STUDENTS OF A. R. LEWIS ELEMENTARY SCHOOL IN PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BREAK IN A WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R4, H. 3259 (Word version)) -- Rep. Lucas: AN ACT 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.
(R5, H. 3282 (Word version)) -- Reps. Taylor, Duncan and M.A. Pitts: AN ACT TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT THE ELECTIONS FOR SCHOOL BOARD OF TRUSTEES FOR THE DISTRICTS MUST BE HELD ON THE SECOND TUESDAY OF MARCH INSTEAD OF THE FIRST TUESDAY OF MARCH, IN APPROPRIATE YEARS.
(R6, H. 3327 (Word version)) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 29 AND 30, 2002, BY THE STUDENTS OF SLATER-MARIETTA ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ROOF AND STRUCTURAL PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R7, 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.
The Senate returned to the House with concurrence the following:
H. 3602 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-THREE SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2003 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.
At 12:55 p.m. the House, in accordance with the motion of Rep. W. D. SMITH, adjourned in memory of Donald Christian "Chris" Myers, to meet at 10:00 a.m. tomorrow.
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