Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 38:3: "When I called, You answered me, You made me bold and stouthearted."
Let us pray. We give You thanks, O Lord our God, for our ancestors in the faith. Those who have been here before us and shaped our way of life. Mindful of Your mercies in the past, support us now, we pray. When we falter or feel overwhelmed, let us never doubt Your presence or Your care, but show us Your love. Provide care and protection to our Armed Forces. Give wisdom to our leaders and those in command. 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 yesterday, the SPEAKER ordered it confirmed.

Rep. OWENS moved that when the House adjourns, it adjourn in memory of R. Carl Byars, which was agreed to.

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

Document No. 2816
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-2-10 and 48-43-540
Environmental Protection Fees
Received by Speaker of the House of Representatives
March 25, 2003
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration July 23, 2003 (Subject to Sine Die Revision)

Document No. 2810
Agency: Department of Labor, Licensing and Regulation
Statutory Authority: 1976 Code Section 41-18-120
Fee Structures for Annual Permits and Liability Insurance Requirements
Received by Speaker of the House of Representatives
March 25, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 23, 2003 (Subject to Sine Die Revision)

Document No. 2824
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-2-10 and 13-7-45
Environmental Protection Fees
Received by Speaker of the House of Representatives
March 25, 2003
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration July 23, 2003 (Subject to Sine Die Revision)

Document No. 2826
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Machines
Received by Speaker of the House of Representatives
March 25, 2003
Referred to Ways and Means Committee
Legislative Review Expiration July 23, 2003 (Subject to Sine Die Revision)

Document No. 2815
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-39-50, 48-39-145 and 48-39-150
R. 30-4 Decisions on a Permit (Coastal Zone Management)
R. 61-30 Environmental Protection Fees
Received by Speaker of the House of Representatives
March 25, 2003
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration July 23, 2003 (Subject to Sine Die Revision)

Document No. 2825
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 13-7-10, 13-7-40 and 13-7-45
X-Rays (Title B)
Received by Speaker of the House of Representatives
March 25, 2003
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration July 23, 2003 (Subject to Sine Die Revision)

Document No. 2818
Agency: Department of Labor, Licensing and Regulation
Statutory Authority: 1976 Code Sections 41-16-40 and 41-16-70
Inspections and Fees
Received by Speaker of the House of Representatives
March 25, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 23, 2003 (Subject to Sine Die Revision)

Document No. 2739
Agency: Department of Labor, Licensing and Regulation
Board of Chiropractic Examiners
Statutory Authority: 1976 Code Sections 40-1-40 and 40-9-30
Professional Practices
Received by Speaker of the House of Representatives
January 14, 2003
Legislative Review Expiration May 13, 2003
Withdrawn and Resubmitted March 25, 2003

Document No. 2784
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-7-260 and 44-87-370(A)
Standards for Licensing Ambulatory Surgical Facilities
Received by Speaker of the House of Representatives
January 28, 2003
Legislative Review Expiration May 28, 2003
Withdrawn and Resubmitted March 25, 2003

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3397 (Word version) -- Reps. Walker, Lourie and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-80 SO AS TO ENCOURAGE TEXTBOOK PUBLISHERS TO PROVIDE COMPACT DISC COPIES OF THE TEXTBOOK OR AN EXTRA COPY OF THE TEXTBOOK FOR USE AT HOME FOR EACH MIDDLE AND SECONDARY SCHOOL TEXTBOOK PROVIDED TO THE STATE.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3191 (Word version) -- Reps. Barfield and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO AUTHORIZE AN INDIVIDUAL TO RECEIVE ALTERNATIVE, COMPLEMENTARY, EXPERIMENTAL, OR NONCONVENTIONAL MEDICAL TREATMENT FOR A LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT, AND TO PROVIDE THAT THIRD PARTY REIMBURSEMENT IS NOT REQUIRED FOR TREATMENT RENDERED PURSUANT TO THIS ACT.
Ordered for consideration tomorrow.

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

H. 3852 (Word version) -- Reps. Lourie, J. E. Smith, McLeod, Anthony, Govan, Hayes, Whipper, Rutherford, Bailey, Bales, Breeland, G. Brown, J. Brown, Clark, Clyburn, Cobb-Hunter, Emory, Freeman, J. Hines, M. Hines, Lloyd, Miller, Neilson, Ott, Rivers and F. N. Smith: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE TWENTY MILLION DOLLARS IN SUCH BONDS FOR THE STATE DEPARTMENT OF EDUCATION FOR THE PURCHASE OF SCHOOL BUSES AND TO CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL BONDS AUTHORIZED BY THIS ACT.
Referred to Committee on Ways and Means

H. 3853 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 11-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE TREASURER TO INVEST AND DEPOSIT PUBLIC FUNDS, SO AS TO ALLOW THE STATE TREASURER TO CHARGE A FEE FOR OPERATING AND MANAGEMENT COSTS ASSOCIATED WITH INVESTMENT MANAGEMENT OF STATE FUNDS AND PROGRAMS, TO ALLOW THE STATE TREASURER TO RETAIN AND EXPEND THESE FEES TO PROVIDE INVESTMENT MANAGEMENT SERVICES, TO PROVIDE THE AMOUNT OF THE FEE, TO PROVIDE THAT THE FEE MUST NOT EXCEED EARNINGS OF THE FUNDS INVESTED, AND TO MAKE GRAMMATICAL CHANGES.
Referred to Committee on Ways and Means

S. 166 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM A PUBLIC ROAD, SO AS TO AMEND THE DEFINITION OF "HUNTING".
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 258 (Word version) -- Senators Gregory, Ryberg, Hayes, Courson, Peeler, Branton and Reese: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO REQUIRE HIGH SCHOOL STUDENTS TO RECEIVE INSTRUCTION IN THE AREA OF PERSONAL FINANCE.
Referred to Committee on Education and Public Works

S. 508 (Word version) -- Senators McConnell, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND SECTION 25-1-2260 OF THE 1976 CODE, RELATING TO A JUDGE'S DUTY TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD, SO AS TO ALSO REQUIRE A JUDGE TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE RESERVES.
Referred to Committee on Judiciary

The following was introduced:

H. 3854 (Word version) -- Reps. Wilkins, 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, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT SUPPORT AND GENUINE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS FOR THE SERVICE AND SACRIFICE OF THE BRAVE MEN AND WOMEN OF THE ARMED FORCES OF THE UNTIED STATES SERVING AT HOME, DEPLOYED OVERSEAS, PRESERVING THE PEACE IN FOREIGN LANDS, AND ACTIVELY ENGAGED IN ARMED CONFLICT IN IRAQ; COMMEND THEM FOR THEIR BRAVERY IN THE FACE OF DANGER AND ENDURANCE IN THE FACE OF HARDSHIP, AND THEIR DEVOTION TO DUTY, PROFESSIONALISM AND TENACITY IN THE ACCOMPLISHMENT OF THEIR MISSION; AND WISH THEM GODSPEED, A RESOUNDING VICTORY OVER THE FORCES OF EVIL, A SAFE AND EARLY RETURN HOME, AND EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

Whereas, long recognized as a nation conceived in liberty and dedicated to the proposition that all men and women are created equal and entitled to certain inalienable rights, the United States of America is steadfast in its vision, commitment, and ideals of freedom of assembly, speech and expression, freedom of worship, freedom from want, freedom from fear, with liberty and justice for all; and

Whereas, of necessity, from its foundation as a republic to the present, the United States has been vigilant to protect the Constitution, the freedoms it guarantees, and its people from enemies, both foreign and domestic, who would destroy our democracy and the blessings of liberty; and

Whereas, among present day enemies of the United States are international terrorists and terrorist organizations who, armed with cruel hate, and as evidenced by the horrific attacks of September 11, 2001, are determined to attack and kill Americans, without warning or provocation, at home and abroad; and

Whereas, the enemies of the United States include ruthless dictators and governments who harbor international terrorists, threaten their neighbors, oppress their own people, and who are developing weapons of mass destruction with hostile intent to use them on their neighbors and countries in the international community, including the United States; and

Whereas, the enemies of the United States also include false friends and misguided allies who sponsor or harbor terrorists, who supply forbidden resources, or aid and abet dictators and oppressive governments in developing weapons of mass destruction and the capacity to wage aggressive war against other countries; and

Whereas, no amount of appeasement, patience, or restraint will deter either terrorists or a ruthless dictator from secrecy, deception, or their chosen path of inflicting harm or waging aggressive war against the United States and freedom loving people worldwide, or from attempting to destroy their governments and the freedoms they enjoy. Accordingly, and of necessity, the United States has once again called upon its young men and women serving in the Armed Forces to go into harm's way, face imminent danger, and meet the deadly challenges posed by the enemies of the United States at home and abroad; and

Whereas, American troops, the brave soldiers, sailors, airmen and marines of the military services, together with trusted and loyal allies, are forward deployed, ever vigilant, and on guard on the front lines of freedom in Afghanistan, Korea, at sea, and throughout the world. Many are heavily engaged in combat operations in an armed conflict in Iraq to remove Saddam Hussein from power, rid the world of his deadly weapons of mass destruction, and free the people of Iraq from the cruel oppression of a ruthless and merciless dictator; and

Whereas, with all differences laid aside, it is fitting and proper for South Carolinians and Americans everywhere to pause and reflect on the blessings of liberty, to thank God for those blessings, to remember the brave men and women who sacrificed, fought, and died to secure and preserve those blessings in wars past, and to express South Carolina's heartfelt support and genuine appreciation for our troops serving at home, overseas, and in foreign lands to preserve the peace, especially our troops presently engaged in combat operations in Iraq. Now, therefore,

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

That the members of the General Assembly, by this resolution, express the heartfelt support and genuine appreciation of the members of the South Carolina General Assembly and all South Carolinians for the service and sacrifice of the brave men and women of the Armed Forces of the United States serving at home, deployed overseas, preserving the peace in foreign lands, and actively engaged in armed conflict in Iraq; commend them for their bravery in the face of danger and endurance in the face of hardship, and their devotion to duty, professionalism and tenacity in the accomplishment of their mission; and wish them Godspeed, a resounding victory over the forces of evil, a safe and early return home, and every success in all of their future endeavors.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Secretary of Defense, the Adjutant General of the South Carolina National Guard, and to every member of the South Carolina Congressional Delegation.

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

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Cooper                 Dantzler
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Rivers
Sandifer               Scarborough            Scott
Sheheen                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
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

I came in after the roll call and was present for the Session on Wednesday, March 26.

Creighton Coleman                 Daniel Tripp
Jerry Govan                       Becky Martin
Ronald Townsend                   Seth Whipper
H.B. "Chip" Limehouse             Ralph Davenport
Douglas Jennings                  Bill Cotty
Todd Rutherford                   Alex Harvin

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

The SPEAKER granted Rep. J. H. NEAL a leave of absence for the day due to illness.

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 25.

Announcement was made that Dr. Stanley C. Baker, Jr. of Greenwood is the Doctor of the Day for the General Assembly.

Reps. J. HINES, LUCAS and NEILSON presented to the House the Lamar High School Silver Foxes Football Team, the Class A State Champions, their coaches and other officials.

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. 3319 (Word version)
Date:   ADD:
03/26/03   BAILEY

Bill Number:   H. 3128 (Word version)
Date:   ADD:
03/26/03   OWENS

Bill Number:   H. 3128 (Word version)
Date:   ADD:
03/26/03   SCOTT

Bill Number:   H. 3744 (Word version)
Date:   REMOVE:
03/26/03   HINSON

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

H. 3817 (Word version) -- Rep. Anthony: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3306 (Word version) -- Reps. Chellis, Young, Altman, Barfield, Cato, Harrell, Harrison, Limehouse, Scarborough, J. E. Smith, Townsend and Bailey: A BILL TO AMEND SECTION 12-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE LICENSE TAX, SO AS TO ALLOW A HOLDING COMPANY TO REDUCE ITS PAID-IN CAPITAL SURPLUS BY THE PORTION OF CONTRIBUTIONS TO ITS CAPITAL RECEIVED FROM ITS PARENT CORPORATION THAT IS DIRECTLY OR INDIRECTLY USED TO FINANCE A SUBSIDIARY'S EXPANSION COSTING IN EXCESS OF ONE HUNDRED MILLION DOLLARS, WHICH ON THE DATE CONSTRUCTION BEGAN IS LOCATED IN AN ECONOMIC IMPACT ZONE.

H. 3218 (Word version) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.

H. 3614 (Word version) -- Reps. Limehouse, Allen, Altman, Branham, Breeland, Ceips, Coates, Duncan, Frye, Hamilton, Hayes, Hosey, Koon, McCraw, Merrill, Miller, Phillips, M. A. Pitts, Richardson, Rivers, Scarborough, F. N. Smith, J. R. Smith, Snow, Tripp and Viers: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A DEDUCTION OF REWARD MONEY PAID TO A RESIDENT INDIVIDUAL TAXPAYER FOR INFORMATION PROVIDED BY THE TAXPAYER DIRECTLY LEADING TO THE REMOVAL AS A THREAT OF AN INTERNATIONAL TERRORIST AND TO PROVIDE THAT REWARD MONEY DOES NOT INCLUDE THE REGULAR PAY AND ALLOWANCES OF LAW ENFORCEMENT OFFICERS AND MEMBERS OF THE ARMED FORCES OF THE UNITED STATES.

H. 3592 (Word version) -- Reps. Delleney and Lucas: A BILL TO AMEND SECTION 62-7-403, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATION OF RECEIPTS AND DISBURSEMENTS BETWEEN PRINCIPAL AND INCOME FOR PURPOSES OF A TRUST OR ESTATE, SO AS TO EXPAND THE SCOPE OF THE SECTION BY MAKING A CHANGE IN A CROSS-REFERENCE.

H. 3408 (Word version) -- Reps. Clemmons, Duncan, Anthony, Bailey, Branham, Ceips, Clark, Hagood, Herbkersman, Mahaffey, Owens, Pinson, E. H. Pitts, M. A. Pitts, Skelton, Stewart, Toole, Umphlett, Viers and Whitmire: A BILL TO AMEND SECTIONS 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO DEFINITIONS CONCERNING LOBBYISTS AND LOBBYING AND CAMPAIGN PRACTICES, BOTH SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A CAUCUS BASED ON DURATION OF SERVICE IN THE GENERAL ASSEMBLY.

H. 3442 (Word version) -- Reps. Sandifer, Altman, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Ceips, Chellis, Clark, Clemmons, Coates, Dantzler, Duncan, Edge, Hayes, Herbkersman, Hinson, Jennings, Kirsh, Leach, Lucas, Mahaffey, McCraw, McGee, Merrill, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, J. R. Smith, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon, Young and Rutherford: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION, PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THESE PROVISIONS.

H. 3528 (Word version) -- Reps. Sheheen, Delleney, Toole, Altman, Haskins, Coates and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-63-50 AND 44-63-55 SO AS TO REQUIRE THAT A FETAL DEATH CERTIFICATE BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO REQUIRE A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH TO BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO FURTHER PROVIDE SPECIFICS FOR COMPLETION AND FILING OF THESE CERTIFICATES.

H. 3613 (Word version) -- Reps. Duncan, Coates, M. A. Pitts and Witherspoon: A BILL TO AMEND SECTION 50-11-1050, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO REMOVE DESTRUCTIVE WILDLIFE, SO AS TO FURTHER PROVIDE THAT A PERMIT ISSUED FOR THE REMOVAL OF DESTRUCTIVE BEAVERS IS VALID FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ISSUE.

H. 3077 (Word version) -- Reps. Witherspoon, Rhoad and Davenport: A BILL TO AMEND SECTION 50-13-1189, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE POSSESSION OF GAME FISH OR GAME FISH TACKLE WHILE FISHING FOR NONGAME FISH, SO AS TO PROVIDE AN ADDITIONAL EXCEPTION FOR A PERSON WHOSE NONGAME TACKLE CONSISTS OF TROT LINES.

H. 3822 (Word version) -- Reps. Townsend, Harrell, Walker and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT IF A DESIGNEE OF A PUBLIC OFFICIAL TO SERVE ON THE EDUCATION OVERSIGHT COMMITTEE IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND HAS BEEN CALLED TO ACTIVE DUTY IN CONNECTION WITH THE CONFLICT WITH IRAQ OR THE WAR ON TERRORISM FOR A PERIOD OF NOT MORE THAN ONE YEAR, THE PUBLIC OFFICIAL MAY DESIGNATE ANOTHER PERSON TO SERVE IN HIS STEAD IN AN INTERIM CAPACITY UNTIL THE ORIGINAL DESIGNEE RETURNS FROM ACTIVE DUTY, AND TO PROVIDE THAT ABSENCES OF THE ORIGINAL DESIGNEE ON THE COMMITTEE BECAUSE OF MILITARY ACTIVATION ARE CONSIDERED EXCUSED ABSENCES.

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

H. 3837 (Word version) -- Rep. Hayes: A BILL TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT MEMBERS MAY BE PAID FOR NOT MORE THAN TWELVE MEETINGS A YEAR RATHER THAN TEN.

S. 501 (Word version) -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.

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

H. 3829 (Word version) -- Rep. J. E. Smith: A JOINT RESOLUTION TO ALLOW STATE EMPLOYEES WHO ARE MEMBERS OF FEDERALIZED NATIONAL GUARD UNITS OR ACTIVATED RESERVE UNITS, OR MEMBERS OF NATIONAL GUARD OR RESERVE UNITS WHO HAVE VOLUNTEERED FOR ACTIVE DUTY TO USE UP TO FORTY-FIVE DAYS OF ACCRUED ANNUAL LEAVE IN CALENDAR YEAR 2003 AND TO ALLOW SUCH EMPLOYEES TO USE UP TO NINETY DAYS OF ACCRUED SICK LEAVE IN CALENDAR YEAR 2003 AS IF IT WERE ANNUAL LEAVE WITHOUT REGARD TO THE THIRTY-DAY LIMIT ON ANNUAL LEAVE THAT MAY BE USED IN A YEAR, AND TO PROVIDE THE MILITARY SERVICE FOR WHICH THESE PROVISIONS APPLY.

Rep. J. E. SMITH explained the Joint Resolution.

H. 3850 (Word version) -- Reps. Ceips, Gilham, Herbkersman and Lloyd: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE APRIL 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BEAUFORT, SOUTH CAROLINA, TO THE CITY OF BEAUFORT.

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

S. 340 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 9 SO AS TO PROVIDE THE REMEDIES AVAILABLE IN A DISPUTE OR CONTROVERSY BETWEEN THE SOUTH CAROLINA RETIREMENT SYSTEMS AND A MEMBER OR DESIGNATED BENEFICIARY OF A MEMBER OF ANY OF THE RETIREMENT SYSTEMS ESTABLISHED IN TITLE 9.

S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

S. 168 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 149 (Word version) -- Senator Moore: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN JOHNSTON, SOUTH CAROLINA, TO THE TOWN OF JOHNSTON.

S. 294 (Word version) -- Senators Land, Leventis and Malloy: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE JULY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BISHOPVILLE, SOUTH CAROLINA, TO LEE COUNTY AND THE CITY OF BISHOPVILLE.

S. 71 (Word version) -- Senators Moore, Elliott, Hayes, Grooms, Ravenel, Reese, Courson, Setzler, Rankin, Leatherman, Ryberg, Knotts, Alexander, Anderson, Branton, Drummond, Fair, Ford, Giese, Glover, Gregory, Hawkins, Holland, Hutto, Jackson, Kuhn, Land, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Richardson, Ritchie, Short, J. V. Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 12-39-360 TO PERMIT A COUNTY TO EXTEND THE DATE FOR FILING RETURNS AND PAYMENT OF PROPERTY TAXES FOR UNITED STATES ARMED FORCES OR NATIONAL GUARD PERSONNEL SERVING IN OR NEAR A HAZARD DUTY ZONE.

S. 165 (Word version) -- Senators Gregory, Knotts and Rankin: A BILL TO AMEND CHAPTER 9, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-75 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE, ACQUIRE, OR POSSESS ANY LICENSE, PERMIT, STAMP, OR TAG WHILE A PERSON'S PRIVILEGES ARE SUSPENDED AND TO PROVIDE APPROPRIATE PENALTIES.

S. 361 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND TRAFFIC IN FISH, SO AS TO PROHIBIT THE SALE, POSSESSION, OR IMPORTATION OF THE EGGS OF CERTAIN FISH, AND THE SALE, POSSESSION, OR IMPORTATION OF SNAKEHEAD FISH.

The following Bill was taken up:

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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1421MM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   (A)   The General Assembly finds that:

(1)   special purpose districts have been created and established for the principal purpose of furnishing natural gas throughout their respective service areas;

(2)   Section 13, Article VIII of the Constitution of the State of South Carolina provides that any political subdivision may agree with another political subdivision for the joint administration of functions and joint exercise of powers and the sharing of related costs;

(3)   in many instances, the public would benefit from more efficient and better services if projects were undertaken by two or more Gas Authorities for the benefit of the residents of and the areas served by those gas authorities;

(4)   in many instances, one Gas Authority may be unable to provide services that could be provided if undertaken collectively by two or more Gas Authorities; and

(5)   there is no general mechanism for the joint undertaking of projects by the Gas Authorities, the lack of which is detrimental to the public health, safety, and welfare of the residents of the several gas authorities.

(B)   It is the intent of the General Assembly to provide to the Gas Authorities of the State a mechanism for the joint exercise of their powers, joint administration of functions, and sharing of related costs so as to ensure that the residents, businesses, and industries of this State located in the service areas of the Gas Authorities are provided with natural gas services as efficiently and inexpensively as possible. To accomplish those goals, the General Assembly intends to empower the Gas Authorities to create joint agencies to provide for the joint exercise of powers, joint administration of functions, and sharing of costs in a convenient and predictable manner.
SECTION   2.   Title 6 of the 1976 Code is amended by adding:

Section 6-24-10.   This chapter is known as the 'Joint Agency Act'.

Section 6-24-20.   As used in this chapter:

(1)   'Cost', with respect to a project, means:

(a)   all costs of planning, designing, constructing, and financing the project, including fees for professional services, costs of insurance, and costs for principal and interest, during planning, designing, and construction and for up to one year after completion of construction;

(b)   all costs associated with establishing necessary or desirable reserves in connection with a project; and

(c)   other expenditures of the joint agency incidental, necessary, or convenient to the acquisition, construction, implementation, reconstruction, improvement, enlargement, or extension of a project.

If a project does not involve the acquisition or construction of a facility, 'cost' includes all costs of the undertaking or funding of the undertaking. In either case, 'cost' may include those administrative expenses a joint agency considers appropriate.

(2)   'Governing body' means the duly constituted governing body of a governmental entity.

(3)   'Governmental entity' means a special purpose district created by the General Assembly of this State for the principal purpose of furnishing natural gas to the residents, businesses, and industries of the service area as defined in and fully described in the act of the General Assembly that created and established the special purpose district, and in amendments to that act.

(4)   'Joint agency' means a public body and body corporate and politic organized in accordance with the provisions of this chapter.

(5)   'Member' of a joint agency means each of those governmental entities which have agreed to create a joint agency to undertake the ownership, operation, maintenance, financing, or contractual use of a project.

(6)   'Project', 'undertaking', or 'facility' means a project or other undertaking pursued by a joint agency for a purpose that is a public and corporate purpose of a member of a joint agency, and also means any plant, works, system, facility, and real and personal property of any kind, together with all parts of it and appurtenances to it, and any contract rights, relating to the storage, acquisition, exploration, production, distribution, enrichment, transmission, purchase, sale, exchange, or interchange of gas and relating to the acquisition, extraction, conversion, transportation, storage, or reprocessing of fuel of any kind for those purposes, or any interest in, or right to the use, services, enrichment, output, or capacity of the plant, works, system, or facilities. 'Project' or 'undertaking' is intended to include contracts and contract rights as well as tangible property.

(7)   'State' means the State of South Carolina.

Section 6-24-30.   (A)   In addition and supplemental to other powers granted to governmental entities of the State, a governmental entity may:

(1)   jointly plan, finance, develop, acquire, purchase, construct, reconstruct, improve, enlarge, own, operate, and maintain an undivided interest as a tenant-in-common in a project situated inside or outside the State with one or more governmental entities in this State and make plans and enter into contracts in connection with the project consistent with the provisions of this chapter and necessary or appropriate;

(2)   undertake the exercise of any administrative function or power jointly with one or more governmental entities in this State and make plans and enter into contracts in connection with that exercise consistent with the provisions of this chapter and necessary or appropriate;

(3)   enter into, amend, and terminate agreements in the nature of forward supply agreements, agreements for the management of interest rate risks or risks posed by the fluctuation of the cost of gas supplies, agreements for the management of cash flow, and other similar agreements; and

(4)   agree to share the costs of a like undertaking with another governmental entity as is appropriate.

(B)   Each governmental entity agreeing to act jointly shall have the legal capacity, power, and authority, by charter, act, constitution, or other law, to so act on its own. This section does not grant any authorization other than as is specifically provided. Each governmental entity may make plans and enter into contracts severally in connection with the projects described consistent with the provisions of this chapter and necessary or appropriate.

(C)   Governmental entities which become tenants-in-common pursuant to this section may waive by contract their right of partition, either in kind or by sale. The power and right to enter into agreements to waive the right of judicial partition authorized by this section are in addition to powers and rights authorized elsewhere.

Section 6-24-40.   (A)   Two or more governmental entities may determine by resolution, as appropriate, that it is in their best interests and those of their residents to create a joint agency for the purpose of:

(1)   undertaking the planning, financing, development, acquisition, purchase, construction, reconstruction, improvement, enlargement, ownership, sale, lease, operation, or maintenance of a project or other undertaking constituting a project;

(2)   undertaking the exercise of any administrative function or power and making plans and entering into contracts in connection with that exercise consistent with the provisions of this chapter as necessary or appropriate; or

(3)   sharing the costs of a like undertaking with another governmental entity as is appropriate to provide for the present and future needs of the inhabitants and residents of their jurisdictions or to whom they are permitted to provide services as an alternative or supplement to assuming severally and individually the responsibilities of ownership, undertaking a project, or administering a function or power.

(B)   The finding that the creation of a joint agency is in the best interests of the governmental entity and its residents, or the residents of the State, must include one or more of the following reasons:

(1)   a joint agency is able to acquire, construct, own, or operate a project, administer a function, or exercise a power more efficiently and economically than its members operating individually;

(2)   a joint agency is able to undertake a project or exercise a power for the benefit of its members, but one or more of its members otherwise would be unable to undertake a similar project or exercise the power acting individually;

(3)   a joint agency is able to finance the cost of a project more efficiently and economically;

(4)   to the extent financing is required in connection with the undertaking, better financial market acceptance results if one entity is responsible for issuing all of the bonds and incurring all other debt required for a project.

(5)   fiscal savings and other advantages are obtained by providing a separate entity responsible for the:

( i)   acquisition, purchase, construction, ownership, or operation of, or otherwise undertaking, a project; or

(ii)   administering a function or power.

(C)   If the creation of a joint agency is found to be in the best interests of a governmental entity or those it serves, notice of the adoption of the resolution must be published once a week for two consecutive weeks in a newspaper of general circulation within the county in which the governmental entity is located or, if the governmental entity is located in two or more counties, in each of the counties, or, if the governmental entity is an agency, instrumentality, board, or commission of the State, in a newspaper of general circulation within the State. A person affected by the action of the governmental entity may challenge the action by action de novo instituted in the court of common pleas for the county in which the governmental entity is located or, if the governmental entity is located in two or more counties, in one of the counties, within twenty days following the last publication of the notice.

Section 6-24-50.   (A)   Upon fulfilling the requirements of Section 6-24-40, each governmental entity participating in the proposed joint agency shall appoint by resolution one representative to the proposed joint agency. Two or more appointed representatives shall file with the Secretary of State an application signed by the representative of each of the proposed members. The application must include:

(1)   names of all the proposed members and their respective appointed representatives;

(2)   a certified copy of:

( i)   the resolution of each member determining it is in its best interests or the best interests of those it serves to participate in the proposed joint agency; and

(ii)   the resolution appointing the member's representative.

(3)   the statement of desire that the joint agency be organized as a public body and a body corporate and politic pursuant to this chapter;

(4)   the proposed name for the joint agency; and

(5)   the method of appointment of the board of directors, including the number of directors appointed by each member.

(B)   The Secretary of State shall file the application after examining it and determining that it complies with the requirements of subsection (A) and that the proposed name of the joint agency is not identical to that of another corporation of the State or an agency or instrumentality, or so similar as to lead to confusion and uncertainty.

(C)   The Secretary of State then shall issue a corporate certificate. The corporate certificate must include the names of the members and the name of the joint agency. The existence of the joint agency as a public body corporate and politic under the proposed name begins when the corporate certificate is issued by the Secretary of State. Notice of the issuance of the corporate certificate must be given to all members of the joint agency by the Secretary of State.

(D)   In any suit, action, or proceeding involving the validity or enforcement of or otherwise relating to a contract of a joint agency, the joint agency is presumed conclusively to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State, absent a showing of fraud. A copy of the certificate, duly certified by the Secretary of State, is admissible in evidence in any suit, action, or proceeding and is conclusive proof of the filing and contents.

Section 6-24-60.   (A)   Management and control of the joint agency is vested in a board of directors consisting of the number of directors specified in the application as filed or as amended. The governing body of each member of the joint agency shall appoint the number of representatives provided, and each appointed representative is a director of the joint agency. The governing body of a member may provide that a representative be an officer or employee of the member and also serve ex officio as a member of the board of directors of the joint agency. Each director has at least one vote and has additional votes as a majority of the members of the joint agency may determine. Each director, who serves at the pleasure of the governing body by which he was appointed, before entering upon his duties shall take and subscribe to an oath, before a person authorized by law to administer oaths, to execute the duties of his office faithfully and impartially. A record of each oath must be filed with the governing body of the appointing governmental entity.

(B)   The board of directors of the joint agency shall elect annually, with each director having one vote, one of the directors as chairman, another as vice-chairman, and other persons who may be, but need not be, directors as treasurer, secretary, and, if desired, assistant secretary. The office of treasurer may be held by the secretary or assistant secretary. The board of directors also may appoint additional officers as it considers necessary. The secretary or assistant secretary of the joint agency shall keep a record of the proceedings of the joint agency and the secretary is the custodian of all books, records, documents, and papers filed with the joint agency, the minute book or journal of the joint agency, and its official seal.

(C)   A majority of the directors of the joint agency constitutes a quorum. A vacancy on the board of directors of the joint agency does not impair the right of a quorum to exercise all rights and perform all duties of the joint agency. An action taken by the joint agency pursuant to this chapter must be authorized by resolution at a regular or special meeting held pursuant to notice in accordance with bylaws of the joint agency, and each resolution takes effect immediately, without publication or posting. Except as otherwise provided in this chapter or in the bylaws of the joint agency, a majority of the votes which the directors present are entitled to cast, with a quorum present, is necessary and sufficient to take any action or to pass a resolution. A director of a joint agency may not receive compensation solely for the performance of duties as a director, but each director may be paid per diem, mileage, and subsistence expenses as provided by law for state boards, committees, and commissions.

Section 6-24-70.   (A)   After a joint agency is created, another governmental entity may become a member by:

(1)   adopting a resolution complying with the requirements of Section 6-24-40, including publication of notice;

(2)   submitting an application to the joint agency; and

(3)   receiving approval of the application by resolution from the governing body of each member of the joint agency. The approval must include approval of any changes to the board of directors resulting from the addition.

(B)   A member may withdraw from a joint agency by resolution of its governing body. All contractual rights acquired and contractual obligations incurred by a member while it was a member of the joint agency remain in full force and effect. Upon withdrawal of a member, the board of directors must be reduced by the number of directors appointed by the withdrawing member.

(C)   The members of a joint agency may modify the composition of the board of directors to increase or decrease the number of directors or to change the number of directors appointed by each member through the adoption of a resolution approving the modification by the governing body of each member.

(D)   Notice of a change in membership and a modification of the board of directors, including changes resulting from a change in membership, must be filed with the Secretary of State. A change is not final until the filing.

Section 6-24-80.   If the board of directors of a joint agency and the governing body of each of its members determine by resolution that the purposes for which the joint agency was formed have been fulfilled substantially and that all bonds issued and all other obligations incurred by the joint agency have been paid or satisfied fully, the board of directors and members may declare the joint agency to be dissolved. On the effective date of the resolution, title to all funds and other property owned by the joint agency at the time of the dissolution must be disbursed to the members of the joint agency according to its bylaws.

Section 6-24-90.   The board of directors of a joint agency may create an executive committee, the composition of which must be set forth in the bylaws of the joint agency and reflect a fair representation of the members. The executive committee may exercise powers during intervals between the board's meetings as provided by the board. The terms of office of the members of the executive committee and the methods of filling vacancies must be fixed by the bylaws of the joint agency.

Section 6-24-100.   Each joint agency has the rights and powers of a public body politic and corporate of the State including, without limitation, all the rights and powers necessary or convenient to carry out and effectuate the provisions of this chapter including, but not limited to, rights and powers to:

( 1)   adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules and policies and promulgate regulations in connection with the performance of its functions and duties;

( 2)   adopt an official seal and alter it at its pleasure;

( 3)   maintain an office at a place it determines;

( 4)   sue and be sued in its own name and to plead and be impleaded;

( 5)   receive, administer, and comply with the conditions and requirements of a gift, grant, or donation of property or money;

( 6)   acquire by purchase, lease, gift, or otherwise acquire or to obtain options for the acquisition of property, real or personal, improved or unimproved, including an interest in land less than the fee in conformity with state law;

( 7)   sell, lease, exchange, transfer, or otherwise dispose of, or to grant options for those purposes with respect to, real or personal property, insurance, recovery, or condemnation award;

( 8)   pledge or assign any money, rents, charges, or other evidence of indebtedness of the joint agency for the purpose of providing funds for its corporate purposes;

( 9)   borrow money and issue notes, bonds, or other evidence of indebtedness of the joint agency for the purpose of providing funds for its corporate purposes;

(10)   enter into, amend, and terminate agreements in the nature of forward supply agreements, agreements for the management of interest rate risks or risks posed by the fluctuation of the cost of gas supplies, agreements for the management of cash flow, and other similar agreements;

(11)   authorize the construction, operation, or maintenance of a project by a person, firm, or corporation, including political subdivisions and agencies of a state of the United States;

(12)   acquire by negotiated purchase or lease from one of its members one or more projects which may be an existing project, project under construction, or other project, either individually or jointly with one or more other governing bodies or joint agencies in this State;

(13)   fix, charge, and collect rents, rates, fees, and charges in connection with a project;

(14)   make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of the joint agency pursuant to this chapter, including contracts with persons, firms, corporations, and others;

(15)   apply to the appropriate agencies of the State, the United States, or any state of the United States, and to another proper agency for necessary permits, licenses, certificates, or approvals and to construct, maintain, and operate projects in accordance with those licenses, permits, certificates, or approvals; and

(16)   employ engineers, architects, attorneys, appraisers, financial advisors, and other consultants and employees as required in the judgment of the joint agency and to fix and pay their compensation from funds available to the joint agency for that purpose.

Section 6-24-110.   (A)   A governmental entity may contract with the joint agency for its present or future service requirements, including the capacity, supply, and output of one or more specified projects. The contract may provide that the contracting governmental entity is obligated to make the payments required by the contract whether or not a project is completed, operable, or operating and that payments pursuant to the contract are not subject to reduction, whether by offset or otherwise, and are not conditioned upon the performance or nonperformance of the joint agency or a member of the joint agency pursuant to the contract or other instrument. A contract entered into between a joint agency and its members also may provide that the remaining members of the joint agency shall assume on a proportional basis the obligations of a defaulting member if one or more of the members defaults in the payment of the obligations.

(B)   A contract entered into between a governmental entity and a joint agency may be in the form of an obligation or bond issued under another statute authorizing or permitting the incurring of indebtedness by the governmental entity. The provisions of another statute authorizing or permitting the incurring of indebtedness by the governmental entity do not apply to the extent they would prohibit or limit the sale of the obligation by negotiation to a joint agency and the form of the obligation as a single instrument payable to the joint agency on terms as the joint agency considers appropriate. If the statute requires the establishment or maintenance of reserves or other funds or accounts, intended as security for the holders of the obligations, the joint agency may elect to eliminate or waive those requirements. To the extent any statute provides a lien or permits the pledge of property or revenues as security for obligations issued under it, the joint agency may be the direct beneficiary of the lien or pledge or to waive it.

(C)   Notwithstanding the provisions of another law to the contrary, a contract between a governmental entity and a joint agency may extend for a period not exceeding fifty years from the date services are first provided pursuant to the contract, and the execution and effectiveness of the contract is not subject to authorizations or approvals by the State or any agency, commission, or instrumentality or political subdivision of the State.

(D)   Except as specifically provided by the terms of the contract, payments by a governmental entity pursuant to a contract with a joint agency are not a legal or equitable pledge, charge, lien, or encumbrance upon property of the governmental entity or upon its income, receipts, or revenues.

(E)   A governmental entity may authorize a joint agency to act on its behalf in the same manner and to the same extent as any agency, commission, or employee of the governmental entity. A governmental entity may exercise its governmental powers on behalf of a joint agency in instances where the exercise of the power cannot be delegated.

Section 6-24-120.   A joint agency may incur debt for its purposes, which includes defraying the cost of a project, and may issue bonds pledging the revenues derived from all or any of its projects and additions and betterments or extensions or contributions or advances from its members to the payment of both principal and interest and other obligations. A joint agency may enter into, amend, and terminate agreements in the nature of forward supply agreements, agreements for the management of interest rate risks or risks posed by the fluctuation of the cost of gas supplies, agreements for the management of cash flow, and other similar agreements.

Section 6-24-130.   If a joint agency undertakes a project requiring financing, in whole or in part, with the proceeds of bonds, and the payment of principal or interest on the bonds is assured directly or indirectly by a contract with one or more members, the project must not be undertaken without the approval of the governing body of each member which provides assurance. For these purposes, a member has not assured payment on bonds unless its obligation pursuant to the contract is absolute and without regard to the completion or operation of the project.

Section 6-24-140.   (A)   A joint agency may issue at one time, or from time to time, its bonds for the purpose of paying all or part of the cost of the projects and for the purposes authorized by this chapter. The principal of and the interest on the bonds, and any premium, are payable only from the fund provided for payment. The bonds of each issue may be sold at public or private sale. Notwithstanding another provision of law to the contrary, the bonds may be sold at a price, and bear interest at a rate or rates, as determined by the board of directors of the joint agency. The bonds of each issue must be dated and must mature in amounts and at a time, not exceeding fifty years from their respective date, as determined by the board of directors of the joint agency, and may be redeemable before maturity at a price and by terms and conditions as fixed by the board of directors of the joint agency before the issuance of the bonds. The board of directors of the joint agency shall determine the form and the manner of execution of the bonds, including interest coupons attached to them, and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at a bank or trust company inside or outside the State. If an officer whose signature or signature facsimile appears on a bond or coupons ceases to be an officer before the delivery of the bonds, the signature or facsimile is valid and sufficient for all purposes as if he had remained in office until delivery. The board of directors of the joint agency also may provide for the authentication of the bonds by a trustee or fiscal agent. The bonds may be issued in fully registered form or under a book-entry-only system, as the governing body of the issuer determines.

(B)   The proceeds of the bonds of each issue must be used only for the purposes for which the bonds were issued, and must be disbursed in a manner as the board of directors of the joint agency provides in the resolution authorizing the issuance of the bonds or in a trust agreement securing the issuance. The joint agency may issue interim receipts or temporary bonds exchangeable for definitive bonds when the bonds are executed and available for delivery. The joint agency also may provide for the replacement of bonds which are mutilated, destroyed, or lost.

(C)   Bonds may be issued pursuant to this chapter without obtaining the consent or approval of the State or any political subdivision, or agency, commission, or instrumentality of the State.

Section 6-24-150.   The board of directors of the joint agency may elect to have bonds issued pursuant to this chapter secured by a trust agreement between the joint agency and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the State. The trustee agreement or the resolution providing for the issuance of the bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders and of the trustee as may be reasonable and proper and not in violation of law, and may restrict the individual right of action by bondholders. The trust agreement or the resolution providing for the issuance of the bonds may contain covenants including, but not limited to, the:

( 1)   assignment or pledge of:

(a)   all or a part of the revenues derived from the project financed by the bonds; or

(b)   the contracts and any collateral between the joint agency and any of its members or other governmental entities;

( 2)   rents, rates, fees, and charges to be established, maintained, and collected and the use and disposal of revenues, gifts, grants, and funds received by the joint agency;

( 3)   setting aside, investment, regulation, and disposition of reserves;

( 4)   custody, collection, securing, investment, and payment of monies held for the payment of bonds;

( 5)   limitations or restrictions on the purposes to which the proceeds of sale of issued bonds must be applied;

( 6)   limitations or restrictions on the issuance and security of additional bonds or the refunding of outstanding or other bonds;

( 7)   procedure for amending the terms of a contract with bondholders;

( 8)   events of default and the rights and liabilities arising upon default, and the terms and conditions upon which bonds issued pursuant to this chapter are or may be declared due before maturity, and the terms and conditions upon which that declaration and its consequences may be waived;

( 9)   preparation and maintenance of a budget;

(10)   retention or employment of conducting engineers, independent auditors, and other technical consultants;

(11)   limitations on, or the prohibition of, free service to a person, firm, or corporation, public or private;

(12)   acquisition and disposal of property, except that a project or part of a project must not be mortgaged by the trust agreement or resolution. The joint agency may mortgage other property owned by it;

(13)   provisions for insurance and for accounting reports and their inspection and audit;

(14)   continuing operation and maintenance of the project.

Section 6-24-160.   (A)   The joint agency may fix, charge, and collect rents, rates, fees, and charges for services provided by the agency or the use of a project so as to provide revenues, for so long as the bonds are outstanding and unpaid, at least sufficient together with other available funds to:

(1)   pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects and for all necessary repairs, replacements, or renewals;

(2)   pay when due the principal and interest and any premiums on all bonds payable from the revenues;

(3)   create and maintain reserves and comply with covenants required by a resolution or trust agreement authorizing and securing bonds; and

(4)   pay amounts which the joint agency may be obligated by law or contract to pay from the revenues.

(B)   A pledge made by a joint agency pursuant to this chapter is valid and binding from the date the pledge is made. The revenues, securities, and other monies pledged and held or received afterwards by the joint agency or fiduciary are subject immediately to the lien of the pledge without physical delivery of it or other act, and the lien of the pledge is valid and binding as against all parties having claims in tort, contract, or otherwise against the governmental entity or joint agency without regard to whether the parties have notice of it.

Section 6-24-170.   The resolution authorizing the bonds of an issue or the trust agreement securing the bonds may provide that the monies may be invested temporarily and reinvested pending disbursement in securities and other investments provided in the resolution or trust agreement. The resolution or trust agreement must provide that a bank or trust company with which the monies are deposited shall act as trustee of the monies and hold and apply them for the purposes of this joint agency, subject to regulation as this chapter and the resolution or trust agreement provide.

Section 6-24-180.   A holder of bonds issued pursuant to this chapter and the trustee pursuant to a trust agreement, except to the extent the rights are restricted by the trust agreement or the resolution authorizing the issuance of the bonds, may protect and enforce, either at law or in equity, by suit, action, mandamus, or other proceeding, all rights and compel performance of all duties arising out of the law of the State or terms of the trust agreement or resolution or other contract.

Section 6-24-190.   All bonds issued pursuant to this chapter are investment securities within the meaning of and for all the purposes of Chapter 8, Title 36 subject only to the provisions of the bonds pertaining to registration, regardless of whether or not the bonds authorized by this chapter are of such form and character as to be investment securities pursuant to Chapter 7, Title 36.

Section 6-24-200.   It is lawful for all executors, administrators, guardians, committees, and other fiduciaries to invest monies in their hands in bonds issued pursuant to this chapter.

Section 6-24-210.   The bonds issued pursuant to this chapter are special obligations of the joint agency issuing them. The principal and interest and any premium on the bonds are not payable from the general fund of the joint agency, nor are they a legal or equitable pledge, charge, lien, or encumbrance upon any of its property, income, receipts, or revenues, except the funds which are pledged pursuant to the resolution authorizing the bonds or the trust agreement securing the bonds. A bond must recite in substance that the principal of and interest on the bond is payable only from the revenues pledged to its payment and that the joint agency is not obligated to pay the principal or interest except from those revenues.

Section 6-24-220.   A joint agency may provide by resolution for the issuance of refunding bonds of the joint agency for the purpose of refunding outstanding bonds issued pursuant to this chapter, including the payment of a redemption premium on them and interest accrued to the date of their redemption. The refund of outstanding bonds may be exercised as considered desirable by the board of the joint agency. The issuance of the bonds, their maturities and other terms, the rights of their holders, and the rights, duties, and obligations of the joint agency in respect to the bonds must be governed by the provisions of this chapter relating to the issuance of bonds to the extent those provisions apply.

Section 6-24-230.   (A)   Personnel employed or appointed by a member of a joint agency to work for it have the same authority, rights, privileges, and immunities, including coverage pursuant to workers' compensation laws, which the officers, agents, and employees of the appointing member enjoy within the territory of that member when they are acting within the scope of their authority or in the course of their employment.

(B)   Personnel employed or appointed directly by a joint agency may participate in the South Carolina Retirement System if they are residents of this State with the same rights, privileges, obligations, and responsibilities as if they were employees of a governmental entity.

Section 6-24-240.   At the close of each fiscal year, a joint agency shall submit an annual report of its activities for the preceding year to each member, including a complete operating and financial statement covering the operations of the joint agency during the year. The joint agency shall cause an audit of its books of record and accounts to be made at least once a year by a certified public accountant, and the cost of the audit may be treated as a part of the cost of construction of a project or otherwise as part of the expense of administration of a project covered by the audit.

Section 6-24-250.   (A)   The board of directors of a joint agency may make application and enter into contracts for and accept grants-in-aid and loans from the federal and state governments and their agencies or political subdivisions, including members, for planning, acquiring, constructing, expanding, maintaining, and operating a project or facility or participating in a reserve or development program or performing a function which a member of the joint agency may authorize by general or local law to provide or perform.

(B)   The board of directors of a joint agency may:

(1)   enter into and carry out contracts with the state or federal government or an agency or institution through which the government, agency, or institution grants financial or other assistance to the member or joint agency;

(2)   accept assistance or funds granted or loaned by the state or federal government with or without a contract;

(3)   agree to and comply with reasonable conditions imposed upon grants or loans; and

(4)   make expenditures from granted funds.

Section 6-24-260.   A joint agency formed by governmental entities which themselves possess the power of eminent domain for the purpose for which the joint agency was formed possesses the power of eminent domain within the jurisdictional limits of its members in accordance with Sections 5-7-50 and 4-29-30 or other provision of law as may be applicable so as to effectuate the purposes of this chapter and may exercise the power as provided in Title 28.

Section 6-24-270.   A director of a joint agency or officer of a governmental entity or person acting for him is not subject to personal liability by reason of carrying out any of the powers expressly or impliedly provided in this chapter while acting within the scope of his authority.

Section 6-24-280.   This chapter provides an additional method for accomplishing the acts authorized, and is supplemental to powers conferred by existing laws and not in derogation of powers now existing. If a provision of this chapter is inconsistent with the provisions of other general, special, or local law, the provisions of this chapter control.

Section 6-24-290.   The provisions of this chapter must be liberally construed.

Section 6-24-300.   This chapter does not empower a joint agency to make retail sales of services to residential, commercial, or industrial consumers beyond the service areas of its members, as those areas may be constituted from time to time, nor does it alter the service area of a governmental entity as it now exists."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

H. 3228 (Word version) -- Reps. G. M. Smith, Sheheen and Rutherford: A BILL TO AMEND SECTION 56-5-2934, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON'S RIGHT TO COMPULSORY PROCESS WHEN CHARGED WITH THE OFFENSE OF, OR AN OFFENSE RELATED TO, DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO DELETE THE PROVISION THAT ALLOWS A PERSON CHARGED WITH AN OFFENSE TO COMPLETE A HEARING REQUEST FORM AND GIVE IT TO THE ARRESTING OFFICER WHO SHALL FORWARD IT TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES IMPOSED FOR VIOLATING THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO INCREASE THE FINES IMPOSED FOR THESE OFFENSES, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH WHILE OPERATING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO INCREASE THE FINES IMPOSED FOR THIS OFFENSE, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO A TEST TO DETERMINE HIS ALCOHOL CONCENTRATION OR WHO HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO DOES NOT ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM WITHIN A CERTAIN PERIOD TO HAVE HIS SUSPENSION REMAIN IN EFFECT AND BE DENIED ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED LICENSE AND THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING, TO DELETE THE PROVISION THAT REQUIRES A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE FILING A FORM TO OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE, TO REQUIRE A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE A LICENSE OR PERMIT IS ISSUED IF THE PERSON'S SUSPENSION IS UPHELD DURING AN ADMINISTRATIVE HEARING, TO REQUIRE A PERSON TO ENROLL IN AN ALCOHOL DRUG SAFETY ACTION PROGRAM BEFORE HE MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO REVISE THE TIME PERIOD IN WHICH A PERSON MAY REQUEST AN ADMINISTRATIVE HEARING; AND TO AMEND SECTION 56-5-2952, RELATING TO THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE CERTAIN DRIVER'S LICENSE SUSPENSIONS, SO AS TO PROVIDE THAT THIS FEE APPLIES TO ANY ADMINISTRATIVE HEARING BEFORE THE DEPARTMENT OF PUBLIC SAFETY, AND TO INCREASE THE FEE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5297CM03), which was adopted:
Amend the bill, as and if amended, Section 56-5-2934, as contain in SECTION 1, page 2, by adding before the / . / on line 41 / once the compulsory process program is specifically, fully, and adequately funded /
When amended Section 56-5-2934 shall read:
/   "Section 56-5-2934.   Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State shall have the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article once the compulsory process program is specifically, fully, and adequately funded. Such process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term "documents" includes, but is not limited to, a copy of the computer software program of breath testing devices. In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, shall then provide the defendant with the appropriate form to request the hearing or hearings. The defendant shall acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired. The defendant may at this time complete the hearing request form and give it to the officer who shall in turn forward it to the department." /
Amend the bill further, by adding the following appropriately numbered SECTION:
/   SECTION   __.   Section 56-1-286(K)(1) of the 1976 Code, as last amended by Act 79 of 2001, is further amended to read:

"(1)   obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A one hundred dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and" /
Amend the bill further, Section 56-5-2940(4) as contained in SECTION 2, page 4, by striking ines 39 through 41 and inserting:
/   The Department of Public Safety is directed to keep permanent records of all Highway Patrolmen who are killed in the line of duty or die in any other manner while actively employed as well as records of those who are retired. /
When amended Section 56-5-2940(4) shall read:
/   (4)   by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense.

No part of the minimum sentences provided in this section must may be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.

The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.

For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section.

Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside.

One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol. The Department of Public Safety is directed to keep permanent records of all Highway Patrolmen who are killed in the line of duty or die in any other manner while actively employed as well as records of those who are retired." /
Amend the bill further, Section 56-5-2945(C), as contained in SECTION 3, page 5, by striking lines 33 and 34, and inserting:
/ Patrol. /
When amended Section 56-5-2945(C) shall read:
/(C)   One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the department for the Highway Patrol./
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9587SL03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 59-25-115 of the 1976 Code, as added by Act 387 of 1990, is amended to read:

"Section 59-25-115.   (A)   All persons A person applying for initial certification to become a certified education personnel employee in this State shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The costs associated with the FBI background checks are those of the applicant.

(B)   A person enrolled in a teacher education program in South Carolina must be advised by the college or university that his prior criminal record could prevent certification as a teacher in this State in accordance with State Board of Education guidelines.

(C)   Before beginning full-time clinical teaching experience in this State, a teacher education candidate shall undergo a state criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints by the Federal Bureau of Investigation. The costs associated with the FBI background checks are those of the applicant. Information reported relative to prior arrests or convictions will be reviewed by the State Department of Education, and the State Board of Education when warranted, in accordance with board guidelines. A teacher education candidate with prior arrests or convictions of a serious nature that could affect his fitness to teach in the public schools of South Carolina may be denied the opportunity to complete the clinical teaching experience and qualify for initial teacher certification. An individual who is denied this opportunity as a result of prior arrests or convictions, after one year, may request reconsideration under guidelines established by the State Board of Education.

The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the individual applying for initial certification.

(D)   A graduate of a teacher education program applying for initial teacher certification must have completed the FBI fingerprint process within eighteen months of formally applying for initial teacher certification or the fingerprint process must be repeated.

(E)   An institution of higher learning in this State offering education as a major must inform a potential education major considering teaching as a career that his prior criminal history could prevent certification as a teacher in South Carolina. The student may then choose to have a SLED background check for advisement purposes. The cost associated with the SLED background check requested at the preservice level is that of the student."
SECTION   2.   This act takes effect upon approval by the Governor./
Amend title to conform.

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

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

The following Joint Resolution was taken up:

S. 320 (Word version) -- Senators Hayes, Branton, Hawkins and Leventis: A JOINT RESOLUTION TO AUTHORIZE THE ADJUTANT GENERAL'S OFFICE TO FURLOUGH STATE-FUNDED FTE'S DURING FISCAL YEAR 2002-2003 UNDER SPECIFIC CONDITIONS.

Rep. COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20421SD03), which was adopted:
Amend the joint resolution, as and if amended, by adding a new Section appropriately numbered to read:
/SECTION   ____.   The Executive Director of the Budget and Control Board is authorized to use excess appropriations for fiscal year 2002-2003, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes. /
Renumber sections to conform.
Amend title to conform.

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

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

The Veto on the following Act was taken up:

(R23) H. 3672 (Word version) -- Reps. Walker, Mahaffey, Talley and Littlejohn: AN ACT TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS IN SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Anthony                Lee                    Littlejohn
Mahaffey               W. D. Smith            Talley
Walker

Those who voted in the negative are:

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The Veto on the following Act was taken up:

(R24) H. 3698 (Word version) -- Reps. Walker, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF THE SEVEN SCHOOL DISTRICTS IN SPARTANBURG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP; AND TO ALLOW EMPLOYEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY VOLUNTARILY TO TAKE UP TO FOUR DAYS OF UNPAID LEAVE.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Lee                    Littlejohn             Mahaffey
Talley                 Walker

Those who voted in the negative are:

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following Concurrent Resolution was taken up:

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

Whereas, Voigt Milton Epting, "Fess", was born on June 28, 1910, on a farm outside of Prosperity in Newberry County and graduated from Newberry College in 1932, where he prepared himself for his enduring career in education; and

Whereas, Mr. Epting demonstrated his athletic prowess at Newberry when he played football and baseball, and was offered a baseball contract with Cincinnati after graduation, but was unable to pursue his dream when an unfortunate injury to his arm occurred; and

Whereas, Mr. Epting began his career in education at Brookland-Cayce High School in Columbia, and he quickly ascended to Superintendent over three schools in Estill where he also taught ROTC, shop, Veteran School, and math and coached football, baseball, and girls basketball; and

Whereas, expanding his teaching credentials, Mr. Epting received his Masters in Education from the University of South Carolina in 1949, and in 1951, he became Superintendent of District 3 in Pacolet; and

Whereas, when the Cowpens and Pacolet schools merged, the Superintendents drew straws and Mr. Epting became Assistant Superintendent, a position from which he chose to step down to become Principal and to be more involved with children; and

Whereas, Mr. Epting is active in his community and was named Man of the Year by the Lions Club. He is a faithful member of the Pacolet Presbyterian Church, where he has served as Sunday school teacher, Deacon, and Elder; and

Whereas, it is with honor and admiration that the members of the General Assembly request that the Department of Transportation name the intersection of SC 176 and West Main Street West of the Town of Pacolet the "Voigt Milton Epting Intersection". Now, therefore,

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

That the members of the General Assembly of the State of South Carolina request that the Department of Transportation name the intersection of SC 176 between Spartanburg and Union and West Main Street West of the Town of Pacolet in Spartanburg County in honor of Voigt Milton Epting for his dedication to educating the young people of the State and install appropriate markers or signs denoting the "Voigt Milton Epting Intersection".

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.

The motion period was dispensed with on motion of Rep. TROTTER.

Rep. CATO moved to adjourn debate upon the following Bill until Thursday, March 27, which was adopted:

H. 3616 (Word version) -- Reps. Cato, Wilkins, Chellis, Clark, Edge, Clemmons and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37 RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT; TO DEFINE THE SUBJECT LOANS; TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES; TO PROVIDE FOR APPLICATION OF SOUTH CAROLINA LAW TO HIGH-COST HOME LOAN AGREEMENTS; TO REQUIRE A HIGH-COST HOME LOAN LENDER TO PROVIDE ADDITIONAL DISCLOSURES TO THE BORROWER AND TO ENSURE THAT THE BORROWER IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS; TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN; TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN; TO PROVIDE THAT A BAD-FAITH VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE SUBJECT TO CHAPTER 5 OF TITLE 39; TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, DIRECTOR OF THE CONSUMER FINANCE DIVISION OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, OR A PARTY TO THE LOAN; TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER; TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING THE PROHIBITION OF "FLIPPING" A LOAN AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN; TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE; TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, DIRECTOR OF THE CONSUMER FINANCE DIVISION OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, OR A PARTY TO THE CONSUMER HOME LOAN; TO PROVIDE FOR PENALTIES AND REMEDIES, INCLUDING ATTORNEY'S FEES; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT OF MISCELLANEOUS LOANS, SO AS TO PROVIDE FOR PREPAYMENT WITHOUT PENALTY OF A CONSUMER HOME LOAN OF LESS THAN ONE HUNDRED FIFTY THOUSAND DOLLARS; AND TO AMEND SECTION 37-1-109, AS AMENDED, RELATING TO CHANGING DOLLAR AMOUNTS USED IN THE CONSUMER PROTECTION CODE, SO AS TO REFLECT THE DOLLAR AMOUNT FOR PREPAYMENT OF A CONSUMER HOME LOAN WITHOUT PENALTY.

The following Bill was taken up:

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.

Rep. RICHARDSON proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\20437SD03), which was tabled:
Amend the bill, as and if amended, in Section 4-9-31 of the 1976 Code, as contained in SECTION 1, by adding after / Code / on the last line of the section /unless the ordinance requires greater separation distances or additional control measures to protect citizens from the odor generated by facilities related to the production of livestock or poultry. /
Amend further, as and if amended, in Section 5-7-31 of the 1976 Code, as contained in SECTION 2, by adding after / Code / on the last line of the section /unless the ordinance requires greater separation distances or additional control measures to protect citizens from the odor generated by facilities related to the production of livestock or poultry. /
Renumber sections to conform.
Amend title to conform.

Rep. RICHARDSON explained the amendment.

Rep. RICHARDSON spoke in favor of the amendment.

Rep. WITHERSPOON moved to table the amendment.

Rep. RICHARDSON demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Branham                G. Brown
Cato                   Chellis                Clark
Clemmons               Coates                 Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Gilham                 Govan                  Hamilton
Hayes                  J. Hines               Hosey
Huggins                Koon                   Leach
Lee                    Littlejohn             Lloyd
Loftis                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Sandifer               Scott                  Sheheen
Skelton                D. C. Smith            F. N. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Talley                 Taylor
Thompson               Toole                  Tripp
Trotter                Viers                  White
Whitmire               Wilkins                Witherspoon

Those who voted in the negative are:

Bowers                 Breeland               J. Brown
Ceips                  Clyburn                Cotty
Emory                  Freeman                Harrell
M. Hines               Hinson                 Jennings
Keegan                 Kennedy                Kirsh
Limehouse              Lourie                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Richardson             Rivers
Scarborough            G. M. Smith            J. E. Smith
Weeks                  Whipper                Young

So, the amendment was tabled.

Rep. RIVERS proposed the following Amendment No. 5 (Doc Name COUNCIL\DKA\3391DW03), which was tabled:
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   Notwithstanding another provision of law, the prohibitions contained in Sections 4-9-31 and 5-7-31 of the 1976 Code do not apply to counties where shellfish are harvested. /
Renumber sections to conform.
Amend title to conform.

Rep. RIVERS explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

Rep. RIVERS demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Allen                  Anthony                Bales
Barfield               Battle                 Bingham
Branham                G. Brown               Cato
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cooper
Davenport              Delleney               Duncan
Edge                   Frye                   Hamilton
Hayes                  J. Hines               Huggins
Koon                   Leach                  Loftis
McCraw                 Ott                    Owens
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Rutherford
Sandifer               Skelton                D. C. Smith
F. N. Smith            W. D. Smith            Snow
Stewart                Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon

Those who voted in the negative are:

Bailey                 Bowers                 Breeland
J. Brown               R. Brown               Ceips
Cobb-Hunter            Cotty                  Emory
Freeman                Gilham                 Govan
Harrell                Herbkersman            M. Hines
Hosey                  Jennings               Keegan
Kennedy                Kirsh                  Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
McGee                  McLeod                 Miller
Moody-Lawrence         J. M. Neal             Neilson
Richardson             Rivers                 Scarborough
Scott                  G. M. Smith            Talley
Weeks                  Young

So, the amendment was tabled.

Rep. WITHERSPOON proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\20434SD03):
Amend the bill, as and if amended, by striking Section 4-9-31 of the 1976 Code, as contained in SECTION 1, and inserting:
/   Section 4-9-31.   Notwithstanding another provision of law, when exercising the enumerated powers granted by this chapter or another provision of law, a county beginning January 1, 2003, may not enact an ordinance that supersedes or imposes a more stringent standard than standards established by the General Assembly relating to the production of livestock or poultry, as defined in Section 47-4-20. Any such ordinance enacted on or after January 1, 2003, in violation of this section is null and void. /
Amend further, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. WITHERSPOON explained the amendment.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 6.

At 11:30 a.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the Senate read the following Concurrent Resolution:

S. 484 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 26, 2003, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 26, 2003, AT WHICH TIME THE STATE EASTER SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Easter Seals Representatives, their parents, and members of their party entered the Chamber.
The PRESIDENT of the Senate then recognized Senator Giese who addressed the Joint Assembly as follows:

"Thank you very much. It is my pleasure to greet the Easter Seals people of South Carolina, which has again embarked upon its most worthwhile project--to raise funds for people with disabilities culminating in the 52nd Buck-A-Cup Day for people with special needs. In South Carolina this culminates on Good Friday, April 18, 2003. Under the statewide leadership of Ellis Jackson, Chairman, Easter Seals South Carolina Board of Directors, ably assisted by Lt. Jerry Waldrep, President of the South Carolina Law Enforcement Officers Association and Lisa Moseley, Executive Director of the South Carolina Law Enforcement Officers Association, Tom Sponseller, Executive Director of the South Carolina Restaurant Association, and David Miller, State President of the South Carolina Restaurant Association, all of these people have joined together to help this program which is destined to raise many thousands of dollars to aid our very deserving children and adults and assist them in creating solutions for their challenges. The Buck-A-Cup buttons go on sale today, March 26, 2003. The Buck-A-Cup project and all other programs of the Easter Seals of South Carolina certainly deserve the support, the merit and the praise of all of the citizens of our State. Therefore, be it resolved by the Senate, the House of Representatives concurring, that Wednesday, March 26, 2003 is designated "Creating Solutions for Disabilites Day" in South Carolina and that representatives of Easter Seals South Carolina, the South Carolina Law Enforcement Association, and the South Carolina Restaurant Association be presented to the General Assembly in Joint Assembly. Be it further resolved that the General Assembly extends to the Easter Seals of South Carolina and its many dedicated supporters, its sincere wishes for continued success in as many constructive and compassionate programs on behalf people with special needs."

Senator Giese and Representative HARRISON escorted McKenzie Kittrell, daughter of Gwen and Alan Kittrell of Columbia and Harriett Lowe, daughter of Rose Ann Lowe of White Rock.

Senator Malloy and Representatives NEILSON and LUCAS escorted Whitney Cranford, daughter of Kim and Brenda Cranford of Hartsville and Spencer Kelly, son of Dawn and Chuck Kelly of Darlington.

Senator Waldrep and Representative COOPER escorted Brandon Stone, son of Jean Gleaton of Williamston.

Senator Ritchie and Representative LEE escorted Crockett Buchanan, son of Sherry Buchanan of Spartanburg.

Senator Ravenel and Representative LIMEHOUSE escorted Hunter Powell, son of Jill and Scott Powell of Mount Pleasant.

Upon the conclusion of the presentation the State Easter Seals Representatives and their escort party retired from the Chamber.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

At 11:55 a.m. the House resumed, the SPEAKER in the Chair.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 6:

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.

Rep. WITHERSPOON proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\20434SD03), which was adopted:
Amend the bill, as and if amended, by striking Section 4-9-31 of the 1976 Code, as contained in SECTION 1, and inserting:
/   Section 4-9-31.   Notwithstanding another provision of law, when exercising the enumerated powers granted by this chapter or another provision of law, a county beginning January 1, 2003, may not enact an ordinance that supersedes or imposes a more stringent standard than standards established by the General Assembly relating to the production of livestock or poultry, as defined in Section 47-4-20. Any such ordinance enacted on or after January 1, 2003, in violation of this section is null and void. /
Amend further, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS spoke in favor of the amendment.
Rep. JENNINGS spoke in favor of the amendment.

The amendment was then adopted.

The SPEAKER granted Rep. G. BROWN a leave of absence for the remainder of the day.

Rep. MILLER proposed the following Amendment No. 7 (Doc Name COUNCIL\DKA\3390DW03):
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   Notwithstanding another provision of law, the prohibitions contained in Sections 4-9-31 and 5-7-31 of the 1976 Code do not apply to counties and municipalities located in those counties that border on the Atlantic Ocean. /
Renumber sections to conform.
Amend title to conform.

Rep. MILLER explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Barfield               Bingham                Cato
Clark                  Clemmons               Coates
Cooper                 Dantzler               Delleney
Duncan                 Frye                   Hamilton
Harrison               Harvin                 Huggins
Koon                   Leach                  Loftis
Mahaffey               Miller                 Ott
Owens                  Perry                  Pinson
M. A. Pitts            Quinn                  Rhoad
Rice                   Sandifer               Skelton
D. C. Smith            F. N. Smith            W. D. Smith
Stewart                Stille                 Taylor
Thompson               Toole                  Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon

Those who voted in the negative are:

Anthony                Bailey                 Bales
Battle                 Bowers                 Branham
Breeland               J. Brown               Ceips
Chellis                Clyburn                Coleman
Cotty                  Edge                   Emory
Freeman                Gilham                 Govan
Hayes                  Herbkersman            J. Hines
Hinson                 Hosey                  Jennings
Keegan                 Kirsh                  Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Merrill
Moody-Lawrence         J. M. Neal             Neilson
Parks                  Phillips               Richardson
Rivers                 Rutherford             Scott
J. E. Smith            Talley                 Weeks
Whipper                Young

So, the House refused to table the amendment.

Rep. M. A. PITTS moved that the House recede until 2:00 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 7.

At 2:00 p.m. the House resumed, the SPEAKER in the Chair.

The question of a quorum was raised.
A quorum was later present.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 7:

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.

Rep. MILLER proposed the following Amendment No. 7 (Doc Name COUNCIL\DKA\3390DW03), which was tabled:
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   Notwithstanding another provision of law, the prohibitions contained in Sections 4-9-31 and 5-7-31 of the 1976 Code do not apply to counties and municipalities located in those counties that border on the Atlantic Ocean. /
Renumber sections to conform.
Amend title to conform.

Rep. MILLER spoke in favor of the amendment.

Rep. MILLER continued speaking.

Rep. WITHERSPOON moved to table the amendment.

Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Barfield               Battle                 Bingham
Cato                   Chellis                Clark
Clemmons               Coates                 Dantzler
Delleney               Duncan                 Frye
Hamilton               Harrison               Haskins
Hayes                  Huggins                Koon
Leach                  Littlejohn             Loftis
Mahaffey               Martin                 McCraw
Ott                    Owens                  Perry
M. A. Pitts            Quinn                  Rhoad
Rice                   Sandifer               Skelton
F. N. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Taylor                 Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  White
Whitmire               Wilkins                Witherspoon

Those who voted in the negative are:

Anthony                Bales                  Breeland
Ceips                  Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Herbkersman            J. Hines               Hinson
Hosey                  Howard                 Jennings
Keegan                 Kennedy                Kirsh
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Mack
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Pinson                 Richardson
Rivers                 Scarborough            Scott
J. E. Smith            Talley                 Thompson
Young

So, the amendment was tabled.

Reps. JENNINGS and HAYES proposed the following Amendment No. 8 (Doc Name COUNCIL\BBM\9694DJC03), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION   1.   Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section   4-9-31.   Notwithstanding another provision of law, when exercising the enumerated powers granted by this chapter or another law, a county may not enact an ordinance that supersedes or imposes a more stringent standard than standards established by the General Assembly relating to the production of livestock or poultry, as defined in Section 47-4-20 of the 1976 Code. This section does not apply to ordinances enacted by a county relating to a large swine facility as defined in Regulation 61-43 Part 50(OO)." /
Amend the bill further, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS explained the amendment.

Rep. JENNINGS spoke in favor of the amendment.
Rep. COATES spoke against the amendment.

Rep. WITHERSPOON moved to table the amendment.

Rep. RICHARDSON demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Bailey                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gilham                 Harrison
Harvin                 Haskins                Herbkersman
Hinson                 Huggins                Koon
Leach                  Loftis                 Merrill
Ott                    Owens                  Perry
M. A. Pitts            Quinn                  Rhoad
Rice                   Sandifer               Skelton
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Taylor
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Allen                  Anthony                Bales
Branham                Breeland               J. Brown
Clyburn                Cobb-Hunter            Coleman
Emory                  Freeman                Hayes
J. Hines               Hosey                  Howard
Jennings               Keegan                 Kennedy
Kirsh                  Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
Martin                 McGee                  McLeod
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Parks                  Pinson
Richardson             Rivers                 Scarborough
Scott                  Sheheen                D. C. Smith
F. N. Smith            J. E. Smith            Talley
Thompson

So, the amendment was tabled.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20263DJC03), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section   4-9-31. Notwithstanding another provision of law, when exercising the enumerated powers granted by this chapter or another law, a county may not enact an ordinance that supersedes or imposes a more stringent standard than standards established by the General Assembly relating to the production of livestock or poultry, as defined in Section 47-4-20 of the 1976 Code."
SECTION   2.   Chapter 7, Title 5 of the 1976 Code is amended by adding:

"Section 5-7-31.   Notwithstanding another provision of law, when exercising the enumerated powers granted by this chapter or another law, a municipality may not enact an ordinance that supersedes or imposes a more stringent standard than standards established by the General Assembly relating to the production of livestock or poultry, as defined in Section 47-4-20 of the 1976 Code."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Reps. JENNINGS and HAYES proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\9691DJC03), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION   1.   Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section   4-9-31.     Notwithstanding another provision of law, when exercising the enumerated powers granted by this chapter or another law, a county may not enact an ordinance that supersedes or imposes a more stringent standard than standards established by the General Assembly relating to the production of poultry, as defined in Section 47-4-20 of the 1976 Code." /
Amend the bill further, by striking Section 2 in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS explained the amendment.

The SPEAKER granted Rep. HARRISON a temporary leave of absence.

Rep. WITHERSPOON moved to table the amendment.

Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Bailey                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gilham                 Herbkersman
Hinson                 Huggins                Koon
Leach                  Loftis                 Martin
McCraw                 Merrill                Ott
Owens                  Perry                  Pinson
M. A. Pitts            Quinn                  Rhoad
Rice                   Sandifer               Sheheen
Skelton                D. C. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Taylor                 Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon

Those who voted in the negative are:

Allen                  Anthony                Bales
Branham                Breeland               R. Brown
Clyburn                Cobb-Hunter            Coleman
Cotty                  Emory                  Freeman
Harvin                 Hayes                  J. Hines
Hosey                  Howard                 Jennings
Keegan                 Kennedy                Kirsh
Limehouse              Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
McLeod                 Miller                 Moody-Lawrence
J. M. Neal             Neilson                Parks
Richardson             Rivers                 Scarborough
Scott                  J. E. Smith            Talley
Thompson               Weeks                  Whipper
Young

So, the amendment was tabled.

Rep. McLEOD proposed the following Amendment No. 11 (Doc Name COUNCIL\DKA\3398DW03), which was tabled:
Amend the report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   Notwithstanding another provision of law, the prohibitions contained in Sections 4-9-31 and 5-7-31 of the 1976 Code do not apply to counties that border on Lake Murray. /
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.

Rep. MCLEOD continued speaking.
Rep. MCLEOD spoke in favor of the amendment.

Rep. WITHERSPOON moved to table the amendment.

Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Bailey                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gilham                 Haskins
Herbkersman            Hinson                 Huggins
Koon                   Leach                  Lee
Littlejohn             Loftis                 Martin
McCraw                 Merrill                Owens
Perry                  M. A. Pitts            Quinn
Rhoad                  Rice                   Sandifer
Sheheen                Skelton                D. C. Smith
F. N. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Cotty                  Emory
Freeman                Harvin                 J. Hines
Hosey                  Howard                 Jennings
Keegan                 Kirsh                  Limehouse
Lloyd                  Lourie                 Lucas
Mack                   Mahaffey               McGee
McLeod                 Miller                 Moody-Lawrence
J. M. Neal             Neilson                Parks
Pinson                 Richardson             Rivers
Scarborough            Scott                  G. M. Smith
J. E. Smith            Thompson               Weeks
Whipper

So, the amendment was tabled.

Reps. LUCAS and NEILSON proposed the following Amendment No. 12 (Doc Name COUNCIL\DKA\3399MM03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION   __.   (A)   Notwithstanding another provision of law, the provisions contained in this section allow an ordinance in existence on January 1, 2003, to be amended without affecting the validity of the ordinance.

(B)   If an ordinance authorized hereunder is found to be unconstitutional, a county is not prohibited from adopting another ordinance with more stringent standards than the standards established by Act 460 of 1996, amendments to that act, or regulations promulgated pursuant to that act." /
Renumber sections to conform.
Amend title to conform.

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

Rep. JENNINGS moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. WITHERSPOON moved to table the motion.

Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Bailey                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Harvin                 Haskins                Hayes
Herbkersman            Hinson                 Huggins
Koon                   Leach                  Loftis
Martin                 McCraw                 Neilson
Ott                    Owens                  Perry
M. A. Pitts            Quinn                  Rhoad
Rice                   Sandifer               Scarborough
Sheheen                Skelton                D. C. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Taylor                 Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Cotty                  Dantzler
Emory                  Freeman                J. Hines
Hosey                  Howard                 Jennings
Keegan                 Kirsh                  Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Parks                  Pinson                 Richardson
Rivers                 Scott                  G. M. Smith
J. E. Smith            Talley                 Thompson
Weeks                  Whipper

So, the motion to recommit the Bill was tabled.

Rep. RIVERS spoke against the Bill.
Rep. EMORY spoke against the Bill.
Rep. KENNEDY spoke against the Bill.
Rep. COTTY spoke against the Bill.
Rep. NEILSON spoke against the Bill.
Rep. LUCAS spoke against the Bill.
Rep. JENNINGS spoke against the Bill.
Rep. RICHARDSON spoke against the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Those who voted in the affirmative are:

Bailey                 Barfield               Bingham
Cato                   Ceips                  Clark
Clemmons               Coates                 Cobb-Hunter
Cooper                 Dantzler               Delleney
Duncan                 Frye                   Harrison
Harvin                 Haskins                Hayes
Huggins                Koon                   Leach
Loftis                 Martin                 Ott
Owens                  Perry                  M. A. Pitts
Quinn                  Rhoad                  Rice
Sandifer               Sheheen                D. C. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Taylor                 Toole
Townsend               Tripp                  Trotter
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               Clyburn
Coleman                Cotty                  Davenport
Edge                   Emory                  Freeman
Gilham                 Govan                  Herbkersman
J. Hines               Hinson                 Hosey
Howard                 Jennings               Keegan
Kennedy                Kirsh                  Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Parks                  Pinson
Richardson             Rivers                 Rutherford
Scott                  Skelton                G. M. Smith
J. E. Smith            Stille                 Talley
Thompson               Weeks                  Whipper
Young

So, the Bill, as amended, was rejected.

Had I voted on H. 3555, I would have voted yea.
Rep. Jim Battle

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

The following was received:

Columbia, S.C., Wednesday, March 26, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 24, H. 3698 by a vote of 45 to 0.

(R24, H3698 (Word version)) -- Reps. Walker, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF THE SEVEN SCHOOL DISTRICTS IN SPARTANBURG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP; AND TO ALLOW EMPLOYEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY VOLUNTARILY TO TAKE UP TO FOUR DAYS OF UNPAID LEAVE.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., Wednesday, March 26, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 23, H. 3672 by a vote of 45 to 0.
(R23, H3672 (Word version)) -- Reps. Walker, Mahaffey, Talley and Littlejohn: AN ACT TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS IN SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., Wednesday, March 26, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 168:

S. 168 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., Wednesday, March 26, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 340:

S. 340 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 9 SO AS TO PROVIDE THE REMEDIES AVAILABLE IN A DISPUTE OR CONTROVERSY BETWEEN THE SOUTH CAROLINA RETIREMENT SYSTEMS AND A MEMBER OR DESIGNATED BENEFICIARY OF A MEMBER OF ANY OF THE RETIREMENT SYSTEMS ESTABLISHED IN TITLE 9.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

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

H. 3855 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 19-26, 2003, AS NATIONAL LANDSCAPE ARCHITECTURE WEEK IN SOUTH CAROLINA AND TO COMMEND THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS FOR CREATING THE SPECIAL PLACES IN WHICH WE LIVE, WORK, AND PLAY.

Whereas, National Landscape Architecture Week celebrates the legacy of the landscape architecture profession and the role of landscape architects in society. Throughout the week, landscape architects, state American Association of Landscape Architects chapters, and partner organizations will participate in a variety of national, state, and local programs; and

Whereas, the American Society of Landscape Architects, founded in 1899, is the association that represents the landscape architecture profession in the United States. The society's mission is to lead, educate, and participate in the careful stewardship, wise planning, and artful design of our cultural and natural environments; and

Whereas, headquartered in Washington, D.C., the American Society of Landscape Architects has grown from eleven original members in 1899 to almost twelve thousand members in forty-six chapters today. Of these members, approximately eighty percent are in private practice, fifteen percent in local, state, or federal government practice, and five percent in academic practice; and

Whereas, members' work reflects the variety and breadth of the profession, from the design of residential and commercial developments, office building sites, and public parks to public sector comprehensive planning, environmental planning, and town planning; and

Whereas, the American Society of Landscape Architects seeks to improve public understanding of the profession and to advance the practice of landscape architecture through education, communication, publications, on-line database services, professional interaction, and development. The American Society of Landscape Architects is the organization authorized to accredit programs of landscape architecture at United States colleges and universities; and

Whereas, the American Society of Landscape Architects also works to advance its ethic and public policies to state, local, and federal decision making bodies, both directly and by working with a broad array of coalitions and organizations with similar goals. Now, therefore,

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

That the members of the General Assembly, by this resolution, declare the week of April 19-26, 2003, as National Landscape Architecture Week in South Carolina and commend the American Society of Landscape Architects for creating the special places in which we live, work, and play.
Be it further resolved that a copy of this resolution be forwarded to Gregory D. Duckworth of the South Carolina American Society of Landscape Architects.

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

The following was introduced:

H. 3856 (Word version) -- Rep. D. C. Smith: A CONCURRENT RESOLUTION TO COMMEMORATE THE LIFE, PUBLIC SERVICE, AND SACRIFICE OF WADE HAMPTON III, OF SOUTH CAROLINA, GOVERNOR, SENATOR, AND SOLDIER, AND TO COMMEND THE SERGEANT BERRY G. BENSON CAMP NO. 1672, SONS OF CONFEDERATE VETERANS, OF NORTH AUGUSTA, FOR THEIR FAITHFUL REMEMBRANCE OF THIS DISTINGUISHED PUBLIC SERVANT AND LEADER, IN PEACE AND WAR, ON THE ONE HUNDRED EIGHTY-FIFTH ANNIVERSARY OF HIS BIRTH.

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

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

H. 3857 (Word version) -- Reps. Edge, Merrill and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-255 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE GOVERNOR SHALL APPOINT A CABINET-LEVEL OFFICER TO BE KNOWN AS THE "CHIEF INFORMATION OFFICER" WHO SHALL SERVE AT THE PLEASURE OF THE GOVERNOR AND WHOSE DUTIES AND RESPONSIBILITIES SHALL INCLUDE ADMINISTERING OR COORDINATING THE ADMINISTRATION OF THE INFORMATION TECHNOLOGY FUNCTIONS AND PROCUREMENTS OF ALL CABINET-LEVEL AGENCIES AND DEPARTMENTS.
Referred to Committee on Judiciary

H. 3858 (Word version) -- Reps. Edge, Harrison and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 29 OF TITLE 6 SO AS TO ENACT THE "VESTED RIGHTS ACT" BY PROVIDING FOR THE ESTABLISHMENT OF VESTED PROPERTY RIGHTS ALLOWING THE COMMENCEMENT AND COMPLETION OF DEVELOPMENT AND USE OF PROPERTY PURSUANT TO A SITE SPECIFIC DEVELOPMENT PLAN OR AN APPROVED PHASE DEVELOPMENT PLAN, TO PROVIDE FOR THE LOCAL GOVERNMENT ACTS AND FACTORS TRIGGERING A VESTED RIGHT, TO LIMIT THE VESTING FOR A TERM OF YEARS, TO PROTECT THE HOLDER OF VESTED RIGHTS FROM ZONING CHANGES UNLESS CERTAIN CONDITIONS ARE MET AND TO PROVIDE THAT A VESTED RIGHT ATTACHES TO AND RUNS WITH THE PROPERTY.
Referred to Committee on Judiciary

H. 3859 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 23-35-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INDOOR USE OF PYROTECHNIC MATERIALS, SO AS TO PROHIBIT THE INDOOR USE OF PYROTECHNIC MATERIALS.
Referred to Committee on Labor, Commerce and Industry

H. 3860 (Word version) -- Reps. Edge and Clemmons: A BILL TO AMEND ARTICLE 1 OF CHAPTER 32, TITLE 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS, SO AS TO REVISE, DELETE, AND ADD CERTAIN DEFINITIONS, REVISE PROVISIONS RELATING TO ADVERTISING AND CONVEYANCE OF VACATION TIME SHARING PLANS SO AS TO DELETE CERTAIN LICENSE REQUIREMENTS FOR SELLERS AND TO EXEMPT CERTAIN COMMUNICATIONS FROM ADVERTISEMENT AND PROMOTION RESTRICTIONS, REVISE THE TERMS OF THE NOTICE OF THE RIGHT TO CANCELLATION REQUIREMENTS IN CONTRACTS FOR THE PURCHASE OF VACATION TIME SHARING PLANS AND PROVIDE FOR THE EFFECTIVE DATE OF NOTICE OF CANCELLATION, ESTABLISH NEW PROCEDURES FOR THE DISTRIBUTION OF REFUNDS UPON CANCELLATION OF CONTRACTS AND ESTABLISHMENT AND MAINTENANCE OF ESCROW ACCOUNTS IN THAT CONNECTION, PROVIDE FOR MATTERS TO BE DISCLOSED IN CONTRACTS INCLUDING WARNINGS AGAINST RELIANCE ON THE PURCHASE AS AN INVESTMENT, DELETE THE REQUIREMENT OF AN EXAMINATION FOR REGISTRATION RELATING TO LICENSES FOR SELLERS OF VACATION TIME SHARING PLANS, EXEMPT EMPLOYEES OF THE SELLER FROM LICENSING REQUIREMENTS, PROVIDE FOR VICARIOUS LIABILITY OF THE CONTROLLING SELLER, TIGHTEN PROVISIONS RELATING TO POWERS OF THE SOUTH CAROLINA REAL ESTATE COMMISSION IN CONNECTION WITH THE INVESTIGATION OF AN APPLICATION FOR REGISTRATION OF A TIME SHARING PLAN INCLUDING ASSURANCES AND BONDING AGAINST ENCUMBRANCES, AND MAKE TECHNICAL CHANGES TO CONFORM THE ARTICLE; AND TO AMEND SECTION 27-50-30, RELATING TO EXEMPTIONS IN CONNECTION WITH THE RESIDENTIAL PROPERTY CONDITION DISCLOSURE ACT, SO AS TO EXEMPT FROM THE ACT A TRANSFER OF A VACATION TIME SHARING PLAN OR A VACATION MULTIPLE OWNERSHIP INTEREST.
Referred to Committee on Labor, Commerce and Industry

H. 3861 (Word version) -- Rep. Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-146 SO AS TO PROVIDE THAT IT IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL FOR A PERSON, COMMON CARRIER OR TRAVEL AGENCY TO PROFIT OR BE UNJUSTLY ENRICHED FROM THE CANCELLATION OR DELAY OF TRAVEL ON A COMMON CARRIER WHEN THE CANCELLATION OR DELAY OCCURS BECAUSE OF AN ACT OF THE COMMON CARRIER, A NATURAL DISASTER, A GOVERNMENT WARNING OR TRAVEL ADVISORY, A THREAT TO THE NATIONAL OR HOMELAND SECURITY, OR AN ACT OF WAR, TO PROVIDE PROCEDURES FOR DEMANDING REFUNDS AND FOR REFUSING REFUNDS IN DISPUTED CASES, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Labor, Commerce and Industry

H. 3862 (Word version) -- Rep. Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-15 SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION TO HAVE PREPARED BY ARCHITECTS EXPERIENCED IN SCHOOL BUILDING AND CONSTRUCTION A SERIES OF FIVE MODEL SCHOOL BUILDING PLANS FOR ELEMENTARY, FOR MIDDLE, AND FOR HIGH SCHOOLS, TO PROVIDE THAT THESE PLANS MUST BE MADE AVAILABLE TO ALL SCHOOL DISTRICTS FOR THEIR USE WHEN UNDERTAKING NEW SCHOOL BUILDING CONSTRUCTION, AND TO REQUIRE THAT UNLESS A WAIVER IS GRANTED A DISTRICT MUST USE ONE OF THESE FIVE PLANS WHEN UNDERTAKING NEW SCHOOL BUILDING CONSTRUCTION.
Referred to Committee on Education and Public Works

H. 3863 (Word version) -- Reps. Leach, Edge, Duncan, Frye, Hamilton, Harrell, Haskins, Herbkersman, Koon, McGee, Merrill, Neilson, Owens, Perry, Phillips, Quinn, Rice, Sandifer, D. C. Smith, F. N. Smith, Snow, Stille, Taylor, Toole, Townsend, Vaughn and Witherspoon: A BILL TO ENACT THE "SOUTH CAROLINA NEIGHBORHOOD AND COMMUNITY SCHOOLS ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 23, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR APPLICABLE STANDARDS AND SPECIFICATIONS, WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY AND TO PROVIDE THAT SCHOOL BUILDING STANDARDS AND SPECIFICATIONS MAY NOT HAVE ANY REQUIREMENTS RELATING TO MINIMUM LOT OR PARCEL SIZE; TO REPEAL ARTICLE 1, CHAPTER 23 OF TITLE 59 RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS, TO ADD ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO REQUIRE THAT BEGINNING JULY 1, 2004, A PLAN FOR A NEW EDUCATIONAL FACILITY MUST BE A PLAN FOR A NEIGHBORHOOD SCHOOL, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT A SCHOOL THAT DOES NOT MEET THE DEFINITION OF A NEIGHBORHOOD SCHOOL SHALL SUBDIVIDE INTO SCHOOLS-WITHIN-A-SCHOOL.
Referred to Committee on Education and Public Works

H. 3864 (Word version) -- Reps. Stille, Vaughn, Loftis, Cooper, Haskins, Hinson, Koon, Martin, Owens, Richardson, Sandifer, Scarborough, D. C. Smith, J. R. Smith and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-55 SO AS TO ESTABLISH A CHARTER SCHOOL APPROVAL COMMITTEE WHICH IS ALSO AUTHORIZED TO APPROVE CHARTER SCHOOL APPLICATIONS, AND TO PROVIDE THAT AN APPLICANT DESIRING TO FORM A CHARTER SCHOOL MAY EITHER FILE THE APPLICATION WITH THE LOCAL SCHOOL BOARD OF TRUSTEES IN THE MANNER PROVIDED BY LAW OR IN THE ALTERNATIVE MAY FILE THE APPLICATION DIRECTLY WITH THE CHARTER SCHOOL APPROVAL COMMITTEE WHICH SHALL ACT AS THE SPONSOR OF THE CHARTER SCHOOL AND AS THE APPROVING ENTITY FOR THAT CHARTER SCHOOL.
Referred to Committee on Education and Public Works

H. 3865 (Word version) -- Rep. Kirsh: A BILL TO AMEND ARTICLE 1, CHAPTER 60 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH DISPUTES OR CLAIMS WITH THE DEPARTMENT OF REVENUE ARE DETERMINED AND RESOLVED; TO AMEND ARTICLE 5, CHAPTER 60 OF TITLE 12, RELATING TO STATE REVENUE APPEALS PROCEDURES, SO AS TO REVISE THESE APPEAL PROCEDURES; TO AMEND SECTION 12-60-2110, RELATING TO PROPERTY TAX ASSESSMENT PROTESTS, SO AS TO REVISE THE TIME FOR FILING THESE PROTESTS; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-60-2910, RELATING TO OBJECTIONS TO PERSONAL PROPERTY TAX ASSESSMENTS, SO AS TO REVISE THE TIME WITHIN WHICH A TAXPAYER MUST OBJECT TO THE ASSESSMENT; AND TO AMEND ARTICLE 13, CHAPTER 60 OF TITLE 12, RELATING TO PROCEDURES AND CONTESTED REVENUE CASES, SO AS TO REVISE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND DEPARTMENT HEARING OFFICERS.
Referred to Committee on Ways and Means

H. 3866 (Word version) -- Reps. Cato, Cooper, Harvin, Limehouse, Sandifer, Townsend, Trotter and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 1, TITLE 1 SO AS TO PROHIBIT A PUBLIC INSTITUTION OF HIGHER LEARNING OR POLITICAL SUBDIVISION OF THIS STATE FROM DEVELOPING, FINANCING, OWNING, OR OPERATING A HOTEL AND ANY COMBINATION OF THESE ACTIVITIES WITH RESPECT TO A HOTEL, AND TO PROVIDE DEFINITIONS AND EXCEPTIONS, AND TO GIVE THIS PROHIBITION PROSPECTIVE EFFECT.
Referred to Committee on Ways and Means

H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.
Referred to Committee on Judiciary

Rep. KENNEDY moved to reconsider the vote whereby the following Bill was rejected:

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.
Rep. J. E. SMITH moved to table the motion to reconsider.

Rep. WITHERSPOON demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Anthony                Bales                  Bowers
Branham                Breeland               R. Brown
Clyburn                Cobb-Hunter            Cotty
Emory                  Freeman                Gilham
Govan                  Harvin                 Herbkersman
J. Hines               Hosey                  Howard
Jennings               Keegan                 Kennedy
Kirsh                  Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Mahaffey               McCraw                 McLeod
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Parks                  Pinson
Richardson             Rivers                 Rutherford
Scott                  Skelton                G. M. Smith
J. E. Smith            Stille                 Talley
Thompson               Weeks                  Whipper

Those who voted in the negative are:

Bailey                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Harrison               Haskins
Koon                   Leach                  Loftis
Martin                 Ott                    Owens
Perry                  M. A. Pitts            Quinn
Rhoad                  Rice                   Sandifer
Sheheen                J. R. Smith            W. D. Smith
Snow                   Stewart                Taylor
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

Rep. WITHERSPOON moved that the House do now adjourn.

Rep. WITHERSPOON demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Bailey                 Bales                  Barfield
Battle                 Bingham                Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Harrell                Harrison
Haskins                Hinson                 Howard
Koon                   Leach                  Limehouse
Loftis                 Merrill                Ott
Owens                  Perry                  M. A. Pitts
Quinn                  Rhoad                  Rice
Sandifer               J. R. Smith            W. D. Smith
Snow                   Stewart                Taylor
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Those who voted in the negative are:

Anthony                Bowers                 Branham
Breeland               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Coleman
Cotty                  Emory                  Freeman
Gilham                 Govan                  Harvin
J. Hines               Hosey                  Jennings
Keegan                 Kennedy                Kirsh
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Miller                 Moody-Lawrence
J. M. Neal             Neilson                Parks
Pinson                 Richardson             Rivers
Rutherford             Scott                  Sheheen
Skelton                D. C. Smith            G. M. Smith
J. E. Smith            Stille                 Talley
Thompson               Weeks                  Whipper

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being the motion to reconsider the vote whereby the Bill, as amended, was rejected.

The Senate returned to the House with concurrence the following:

H. 3263 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION MOVE A PORTION OF THE PROJECTED "CAROLINA BAYS PARKWAY" IN HORRY COUNTY BETWEEN HIGHWAY 544 AND HIGHWAY 501 THREE HUNDRED YARDS TO THE NORTHWEST TOWARDS CONWAY TO AVOID THE HUNTERS RIDGE COMMUNITY.

At 4:05 p.m. the House, in accordance with the motion of Rep. OWENS, adjourned in memory of R. Carl Byars, to meet at 10:00 a.m. tomorrow.

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