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

Thursday, April 3, 2003
(Statewide Session)

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 22:27: "All the ends of the earth will remember and turn to the Lord, and all the families of the nations will bow down before Him."
Let us pray. God of Grace, grant strength where there is weakness, faith where there is doubt, love where there is hate. Discourage us from being satisfied with anything less than Your best. Provide wisdom and courage to this body of men and women. Encourage them in making good decisions. Bless and protect our President and members of the Armed Forces. Bless Representative Dantzler. Touch him with Your healing hand. Comfort his family, hold them with love and care. These and all things we ask in Your name. 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.

MOTION ADOPTED

Rep. J. HINES moved that when the House adjourns, it adjourn in memory of Harry Robinson, Sr. of Florence, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Representative Dantzler who is undergoing by-pass surgery today.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3935 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, AS AMENDED, AND ACT 190 OF 1995, BOTH RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO CHANGE ITS NAME TO THE NORTH SPARTANBURG AREA FIRE AND EMERGENCY SERVICES DISTRICT.
On motion of Rep. DAVENPORT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

ROLL CALL

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               Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Davenport              Delleney               Duncan
Emory                  Freeman                Frye
Gilham                 Gourdine               Hagood
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 J. M. Neal             Ott
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Scott                  Sheheen                Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 3.

Jerry Govan                       Tracy Edge
William Clyburn                   Douglas Jennings
Bessie Moody-Lawrence             Becky Martin
Leon Howard                       Denny Neilson
Todd Rutherford                   Joseph Neal

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. DANTZLER a leave of absence for the day due to by-pass surgery.

LEAVE OF ABSENCE

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

CO-SPONSORS ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3926 (Word version)
Date:   ADD:
04/03/03   BALES

CO-SPONSOR ADDED

Bill Number:   H. 3926 (Word version)
Date:   ADD:
04/03/03   BAILEY

SENT TO THE SENATE

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

H. 3333 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO THE LEGAL PASSING OF A BUS, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE NEED NOT STOP UPON MEETING A STOPPED SCHOOL BUS, AND THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE MUST STOP UPON MEETING OR PASSING A STOPPED SCHOOL BUS, AND TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE OFF-LOADED ALONG A MULTI-LANE HIGHWAY MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS A FOUR OR MULTI-LANE HIGHWAY.

H. 3874 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO APPLICATION FOR TEACHING CREDENTIAL-REQUIRED DOCUMENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2774, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3902 (Word version) -- Reps. Witherspoon, Duncan, M. A. Pitts, Taylor and Umphlett: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER" TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS.

H. 3906 (Word version) -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 438 (Word version) -- Banking and Insurance Committee: 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 PROHIBIT A MUNICIPALITY OR COUNTY FROM REGULATING THE SUBJECT LOANS, 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 REQUIRE A HIGH-COST HOME LOAN LENDER TO ENSURE THAT THE BORROWER RECEIVES THE OPPORTUNITY FOR LOAN COUNSELING AND 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 PROVIDE FOR CERTAIN DISCLOSURES TO THE BORROWER BEFORE THE LOAN IS MADE, TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39 AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, OR A PARTY TO THE LOAN, TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN RESTRICTIONS AND PROHIBITIONS INCLUDING ATTORNEY'S FEES, 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 RESTRICTIONS ON THE CHARGING OF POINTS AND FEES AND THE PROHIBITION OF "FLIPPING" A LOAN, FINANCING CERTAIN INSURANCE PREMIUMS, AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN, TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR TRADE PRACTICE AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR PENALTIES AND REMEDIES INCLUDING ATTORNEY'S FEES; TO PROVIDE FOR REPAYMENT WITHOUT PENALTY OF CERTAIN LOANS; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME AND TO INCREASE THE PENALTY AMOUNT; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES ON CONSUMER LOANS, SO AS TO PROVIDE THAT CERTAIN RESTRICTIONS APPLY TO A LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN ONE HUNDRED TWENTY DAYS INCLUDING DISCLOSURE REQUIREMENTS, PROHIBITION ON PREPAYMENT PENALTIES, AND LIMITS ON RENEWALS.

ORDERED ENROLLED FOR RATIFICATION

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

S. 408 (Word version) -- Senators Courson and Drummond: A JOINT RESOLUTION TO AMEND ACT 381 OF 2002, RELATING TO THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT, TO INCLUDE THE STATE FLAG OF SOUTH CAROLINA AS ONE OF THE FLAGS TO BE FLOWN AT THE MONUMENT.

H. 3397--REQUESTS FOR DEBATE

The following Bill was taken up:

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.

Reps. ALTMAN, BINGHAM, TOOLE, MERRILL, UMPHLETT, TAYLOR, DUNCAN, PERRY, RHOAD, SCARBOROUGH, HAGOOD, J. R. SMITH, VIERS, KEEGAN, COTTY and HINSON requested debate on the Bill.

H. 3234--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3234 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 2-19-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROCEDURES FOR ELECTION OF JUDGES, SO AS TO DELETE THE PROVISIONS PROHIBITING A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A JUDICIAL OFFICE FOR ONE YEAR AFTER SERVING AS A MEMBER AND FOR ONE YEAR AFTER FAILING TO FILE FOR OFFICE, THEREBY ALLOWING A MEMBER TO SERVE UNTIL THE ELECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11485AC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 2-19-70(A) of the 1976 Code, as last amended by Act 391, Part I, Section 1 of 1996, is further amended to read:

"(A)   NoA member of the General Assembly may be elected to not file for a judicial office while he the member is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15."
SECTION   2.   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.

H. 3234--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3234 (Word version) be read the third time tomorrow.

H. 3673--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3673 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO FURTHER SPECIFY PROCEDURES FOR THESE HEARINGS; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO SHOW COMPELLING REASONS FOR A PERMANENCY PLAN THAT DOES NOT REUNITE A CHILD WITH HIS PARENTS OR A RELATIVE AND DOES NOT TERMINATE PARENTAL RIGHTS AND TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR APPROVING SUCH A PLAN; AND TO FURTHER SPECIFY THE COURT'S AUTHORITY AND STANDARDS THAT MUST BE MET AFTER ADOPTION VIABILITY IS CONSIDERED, FOSTER CARE IS CONTINUED, AND TERMINATION OF PARENTAL RIGHTS IS NOT INITIATED; TO AMEND SECTION 20-7-768, RELATING TO STANDARDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR NOT INITIATING TERMINATION OF PARENTAL RIGHTS UNDER CERTAIN CIRCUMSTANCES, RATHER THAN PRESUMING THAT SUCH CIRCUMSTANCES IN AND OF THEMSELVES ARE COMPELLING REASONS; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINT REVIEWS OF FOSTER CARE LICENSE APPLICANTS, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO ISSUE TEMPORARY LICENSES PENDING RECEIPT OF THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION REVIEW.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11462AC03), which was adopted:
Amend the bill, as and if amended, Section 20-7-766(F), page 4, line 6 before /(D)/ by inserting /subsection/. So when amended Section 20-7-766(F) reads:
/   (E)(F)   If the court determines that the child may be returned to the parent as provided for in subsection (C) within a specified reasonable time not to exceed six months and that the best interests of the child will be served and if the court finds that initiating termination of parental rights is not in the best interests of the child, the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan. If the court determines that the criteria in subsecton (D) are not met but that the child may be returned to the parent within a specified reasonable time not to exceed eighteen months after the child was placed in foster care, the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan. Before continuing foster care for this purpose, the court must find that, at the time of the hearing, initiation of termination of parental rights is not in the best interests of the child and that the best interests of the child will be served by the extended or modified plan. /
Amend the bill further, Section 20-7-766, page 7, line 14 by deleting /(I)/ and inserting /(J)/ and on line 16 by deleting /forty/ and inserting /forty ten/. So when amended Section 20-7-766(J) reads:
/(I)(J)   A supplemental report must be attached to a motion filed pursuant to subsection (A). The supplemental report and notice of the hearing must be served upon all named parties at least forty ten days before the hearing. /
Amend the bill further, Section 20-7-766 page 7, line 18 by deleting /(J)/ and inserting /(J)(K)/ and on line 28 by deleting /(K)/ and inserting /(K)(L)/. So when amended Section 20-7-766(K) and (L) read:
/(J)(K)   A named party, the child's guardian ad litem, or the local foster care review board may file a motion for review of the case at any time. Any other party in interest may move to intervene in the case pursuant to the rules of civil procedure and if the motion is granted, may move for review. Parties in interest include, but are not limited to, the individual or agency with legal custody or placement of the child and the foster parent. The notice of motion and motion for review must be served on the named parties at least ten days before the hearing date. The motion shall state the reason for review of the case and the relief requested.

(K)(L)   The pendency of an appeal concerning a child in foster care does not deprive the court of jurisdiction to hear a case pursuant to this section. The court shall retain jurisdiction to review the status of the child and may act on matters not affected by the appeal./
Renumber sections to conform.
Amend title to conform.

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

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

H. 3673--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3673 (Word version) be read the third time tomorrow.

S. 341--FREE CONFERENCE POWERS GRANTED

Rep. HARRELL moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

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.

The yeas and nays were taken resulting as follows:

Yeas 83; Nays 11

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
J. Brown               Cato                   Ceips
Clark                  Clemmons               Clyburn
Delleney               Duncan                 Edge
Emory                  Freeman                Gilham
Govan                  Hagood                 Harrell
Harrison               Harvin                 Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Jennings               Keegan
Kirsh                  Koon                   Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mahaffey               McCraw
McGee                  McLeod                 Merrill
J. M. Neal             Ott                    Parks
Perry                  Phillips               Pinson
E. H. Pitts            Rhoad                  Rice
Richardson             Sandifer               Scarborough
Scott                  Simrill                Skelton
D. C. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Talley                 Taylor                 Thompson
Toole                  Tripp                  Trotter
Umphlett               Vaughn                 Viers
White                  Whitmire               Wilkins
Witherspoon            Young

Total--83

Those who voted in the negative are:

Allen                  R. Brown               Davenport
Hamilton               Lee                    Loftis
Martin                 Moody-Lawrence         Sheheen
G. M. Smith            Weeks

Total--11

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. HARRELL, COOPER and KIRSH to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

ORDERED TO THIRD READING

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

H. 3455 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 44-63-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS INVOLVING VITAL STATISTICS, SO AS TO INCREASE THE PENALTY FOR VIOLATING CERTAIN PROVISIONS OF THIS SECTION, AND TO MAKE TECHNICAL CHANGES.

Rep. TALLEY explained the Bill.

H. 3926 (Word version) -- Reps. Limehouse, Howard, Sandifer, Koon, Harrell, Scarborough, J. E. Smith, Govan, Townsend, J. M. Neal, Cato, Rhoad, E. H. Pitts, Altman, Battle, Bingham, Bowers, Breeland, Chellis, Clark, Clemmons, Dantzler, Edge, Emory, Freeman, Gourdine, Hamilton, Harrison, Haskins, Herbkersman, J. Hines, Jennings, Leach, Littlejohn, Mahaffey, McLeod, Merrill, Miller, Moody-Lawrence, Owens, Parks, M. A. Pitts, Rice, Richardson, Rivers, Rutherford, Simrill, Skelton, D. C. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Talley, Toole, Tripp, Umphlett, Vaughn, Walker, Whitmire, Wilkins, Bales and Bailey: A BILL TO AMEND SECTION 59-149-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION OF LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT RECEIVING A LIFE SCHOLARSHIP ON AND AFTER SEPTEMBER 11, 2001, WHO IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND WHO IS CALLED TO ACTIVE DUTY AFTER THIS DATE IN CONNECTION WITH THE CONFLICT IN IRAQ OR THE WAR ON TERRORISM SHALL HAVE ADDITIONAL SEMESTERS TO COMPLETE HIS ELIGIBILITY EQUAL TO THE SEMESTER HE WAS ACTIVATED PLUS ANY ADDITIONAL SEMESTERS OR PORTIONS OF SEMESTERS MISSED AS A RESULT OF THE ACTIVATION.

Rep. LIMEHOUSE explained the Bill.

H. 3927 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. FRYE explained the Joint Resolution.

H. 3933 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO WITCHWEED QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2814, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. FRYE explained the Joint Resolution.

H. 3934 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO PLUM POX VIRUS QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. FRYE explained the Joint Resolution.

H. 3455--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TALLEY, with unanimous consent, it was ordered that H. 3455 (Word version) be read the third time tomorrow.

H. 3926--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LIMEHOUSE, with unanimous consent, it was ordered that H. 3926 (Word version) be read the third time tomorrow.

H. 3927--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FRYE, with unanimous consent, it was ordered that H. 3927 (Word version) be read the third time tomorrow.

H. 3933--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FRYE, with unanimous consent, it was ordered that H. 3933 (Word version) be read the third time tomorrow.

H. 3934--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FRYE, with unanimous consent, it was ordered that H. 3934 (Word version) be read the third time tomorrow.

H. 3722--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3722 (Word version) -- Reps. Jennings, Bales and Limehouse: A BILL TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VIDEOS, AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22015CM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 17-5-535 of the 1976 Code, as added by Act 350 of 2002, is amended to read:

"Section 17-5-535.   (A)   Photographs, or videos, or other visual images and audio recordings of or related and incidental to the performance of an autopsy shall only be viewed by or disseminated to:

(1)   the coroner and/or or the medical examiner, or both, and their deputies staff;

(2)   a members of law enforcement agency agencies, for official use only;

(3)   parents of the deceased, surviving spouse, children, guardian, personal representative, or next of kin, and any other person given permission or authorization to view or possess the visual images by the personal representative of the deceased's estate;

(4)   a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video those involved in a judicial or administrative proceeding related to the death of the subject of the photograph, video, other visual image or audio recordings including, but not limited to;

(a)   parties to a civil suit arising from, related to, or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings, and the attorneys for the parties and the staff of the attorneys;

(b)   a person charged with a crime arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings, and the person's attorney and the staff of the attorney;

(c)   staff of the prosecutor's office considering or prosecuting criminal charges arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;

(d)   lay and expert witnesses conferred with, consulted or retained by a party or an attorney considering or involved in a legal or administrative proceeding arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;

(e)   judges and administrative hearing officers, as well as their staff, involved in a judicial or administrative proceeding arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings; and

(f)     members of any jury, including grand juries, petit juries and coroner's juries, empanelled to hear or decide any issue arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings;

(5)   a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter physicians and other persons consulted by or supervising the physicians or persons who were involved in the performance of the autopsy of the subject of the photograph, video, other visual images, or audio recordings; and

(6)   a person who receives such photograph , or video photographs, videos, or other visual images pursuant to a validly issued subpoena court order, after notice and opportunity to object are provided to the personal representative of the decedent's deceased's estate.

These photographs and videos must be released and disseminated only as authorized by this section.

(B)   Notwithstanding the provisions contained in subsection (A), a photograph, video, other visual image of an autopsy, or an audio recording of an autopsy, or a combination of each of these items, after all information immediately identifying the decedent has been redacted and after annonymizing facial recognition to the extent reasonably possible if lawfully obtained or possessed may be used for:

(1)   legitimate medical scientific teaching or training purposes;

(2)   legitimate teaching or training of law enforcement personnel;

(3)   teaching or training of attorneys or other individuals with a professional need to use or understand forensic science or public health;

(4)   conferring with medical or scientific experts in the field of forensic science or public health; or

(5)   publication in a scientific or medical or legal journal or textbook.

(C)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars nor more than fifty thousand dollars. Each violation under this section must be considered a separate offense."
SECTION   2.   Section 30-4-40(a)(18) of the 1976 Code, as added by Act 350 of 2002, is amended to read:

"(18)   Photographs, or videos, and other visual images of and incidental related to the performance of an autopsy, except that the photographs or videos may be viewed and used by: the persons identified in Section 17-5-535 for the purposes contemplated or provided for in that section.
(i) a law enforcement agency, for official use only;
(ii) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin;
(iii) a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video;
(iv) a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter; or
(v) a person who receives such photograph or video pursuant to a validly issued subpoena, after notice and opportunity to object are provided to the personal representative of the decedent's estate."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3722--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SINCLAIR, with unanimous consent, it was ordered that H. 3722 (Word version) be read the third time tomorrow.

H. 3044--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3044 (Word version) -- Reps. Sheheen, Coleman and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-112 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM ISSUING PERMITS TO CONSTRUCT OR OPERATE A NEW REGIONAL WASTE WATER TREATMENT FACILITY THAT DISCHARGES INTO WATERS INCLUDED IN THE CATAWBA RIVER BASIN UNLESS A COMPREHENSIVE WATER QUALITY STUDY IS CONDUCTED AND TO SPECIFY ISSUES TO BE ADDRESSED IN THE STUDY.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20458DJC03), which was adopted:
Amend the bill, as and if amended, in Section 48-1-112 of the 1976 Code, as contained in SECTION 1, by adding a new paragraph at the end to read:
/   For purposes of this section, 'new regional wastewater treatment facility' means a new facility with a capacity of at least ten million gallons a day or an expansion of an existing facility to at least ten million gallons a day serving primarily domestic wastewater sources from two or more counties discharging into the waters of this State. /
Renumber sections to conform.
Amend title to conform.

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

Rep. OTT explained the Bill.

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

H. 3044--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3044 (Word version) be read the third time tomorrow.

H. 3409--POINT OF ORDER

The following Bill was taken up:

H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M. A. Pitts and Viers: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE OF OTHERWISE LAWFUL FIREWORKS IN PARTS OF THE COUNTY WHERE BECAUSE OF POPULATION DENSITY OR CONTIGUITY TO MUNICIPALITIES, THE PUBLIC SAFETY REQUIRES THIS REGULATION.

The JUDICIARY COMMITTEE proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3418DW03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.   Chapter 35, Title 12 of the 1976 Code is amended by adding:

"Section 23-35-175.   (A)   It is unlawful to discharge or propel otherwise lawful fireworks classified as 1.4G explosives by the United States Department of Transportation:

(1)   on, from, over, or onto private property without prior consent of the landowner or the agent of the landowner; and

(2)   on, from, over, or onto public property which is under the jurisdiction of the Bureau of Ocean and Coastal Resource Management, except as authorized by permit of the appropriate governmental authority.

(B)   A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished:

(1)   for a first offense, by a fine of not more than one hundred dollars or imprisonment for not more than thirty days, or both; and

(2)   for a second and subsequent offenses, by a fine of not less than two hundred dollars nor more than the jurisdictional amount for magistrate's court or imprisonment for not less than thirty days, or both.

(C)   The provisions of subsections (A) and (B) must be printed on a sign or placard which measures not less than eight inches by twelve inches and bears the following inscription:

'BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY IT IS UNLAWFUL FOR A PERSON TO DISCHARGE OR PROPEL OTHERWISE LAWFUL FIREWORKS CLASSIFIED AS 1.4G EXPLOSIVES BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION ON, FROM, OVER, OR ONTO PRIVATE PROPERTY WITHOUT PRIOR CONSENT OF THE LANDOWNER OR THE AGENT OF THE LANDOWNER AND ON, FROM, OVER, OR ONTO PUBLIC PROPERTY WHICH IS UNDER THE JURISDICTION OF THE BUREAU OF OCEAN AND COASTAL RESOURCE MANAGEMENT, EXCEPT AS AUTHORIZED BY PERMIT OF THE APPROPRIATE GOVERNMENTAL AUTHORITY. A PERSON FOUND GUILTY OF VIOLATING THE PROVISIONS OF THIS ACT IS GUILTY OF A MISDEMEANOR AND MUST BE PUNISHED FOR A FIRST OFFENSE, BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS, OR BOTH, AND FOR A SECOND AND SUBSEQUENT OFFENSES, BY A FINE OF NOT LESS THAN TWO HUNDRED DOLLARS NOR MORE THAN THE JURISDICTIONAL AMOUNT FOR MAGISTRATE'S COURT OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.'
This sign or placard must be displayed prominently in all places where fireworks are sold."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. CLEMMONS explained the amendment.

POINT OF ORDER

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

H. 3460--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3460 (Word version) -- Reps. Jennings, Lucas, F. N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OVER OR OF A SEVERELY DISABLED PERSON WHO CANNOT OTHERWISE CARE FOR HIMSELF OR BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11521AC03), which was adopted:
Amend the bill, as and if amended, Section 14-7-860(A), page 1, beginning on line 38 by deleting /of a person sixty-five years of age or over or/ and on page 2, line 5 by deleting /senior citizen or/ so when amended Section 14-7-860(A) reads:
/(A)   The presiding judge for cause shown may excuse anyone from jury duty at any term of court if he considers it advisable. But no a juror who has been drawn to serve at any term of the court may not be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of the court and remain on record. Any woman A person having a child under seven years of age of whom she he has legal custody and the duty of care, who desires to be excused from jury duty, shall furnish an affidavit to the clerk of court stating that she he is unable to provide adequate care for the child while performing jury duty and shall be excused from such duty. Also, a person who is the primary caretaker of a severely disabled person who cannot otherwise care for himself or be left unattended, may furnish an affidavit to the clerk of court stating that he is unable to provide adequate care for the senior citizen or severely disabled person while performing jury duty and shall be excused from jury service by the presiding judge. The provisions of Section 14-7-870 shall do not apply to any such woman juror jurors described in this section who either have a child under seven years of age or are the primary caretakers of a severely disabled person. Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the presiding judge if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3460--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. JENNINGS, with unanimous consent, it was ordered that H. 3460 (Word version) be read the third time tomorrow.

H. 3684--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3684 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4495 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR PERSONS TO DISPLAY ON THEIR PERSONALLY OWNED VEHICLES CERTAIN COLORED LIGHTS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY FOR PERSONS WHO VIOLATE A PROVISION CONTAINED IN THIS SECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5341CM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 56-5-4700 of the 1976 Code is amended to read:

(a)(A)   Every authorized emergency vehicle shall, in addition to any other equipment and distinctive markings required by this chapter, be equipped with a siren, exhaust whistle, or bell capable of giving an audible signal.

(b)(B)   Every school bus and every authorized emergency vehicle shall, in addition to any other equipment and distinctive markings required by this chapter, must be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall must be capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level, and these lights shall must have sufficient intensity to be visible at five hundred feet in normal sunlight. Provided, that However, vehicles of any a fire department or funeral home when equipped with a mounted, oscillating, rotating, or flashing red light, visible in all directions for a distance of five hundred feet in normal sunlight, shall are not be required to have additional signal lamps.

(c)(C)   A police vehicle when used as an authorized emergency vehicle may but need not be equipped with alternately flashing red lights as specified herein. Also, such vehicle may in lieu of the alternately flashing red lights be equipped with a special dome-mounted oscillating, rotating, or flashing red or blue light visible from a distance of five hundred feet to the front in normal sunlight; provided, that it shall be unlawful for any person to possess any flashing, oscillating or rotating blue light on any vehicle except one used primarily for law enforcement purposes.
Provided, further, that after January 1, 1967, all police vehicles when used as an authorized emergency vehicle shall then be equipped with dome-mounted, oscillating, rotating or flashing blue lights visible from a distance of five hundred feet. All police vehicles when used as authorized emergency vehicles must be equipped with oscillating, rotating, or flashing blue lights. In addition to the blue lights, the police vehicle may, but need not be equipped with alternatively flashing red lights as herein specified, and may but need not be equipped with oscillating, rotating, or flashing red lights, white lights, or both in combination with the required blue lights. The authorized emergency police vehicle lights described herein must be visible for a distance of five hundred feet in all directions in normal sunlight. It shall be unlawful for any person to possess or display on any vehicle any blue light that is visible from outside the vehicle except one used primarily for law enforcement purposes.

(d)(D)   The alternately flashing lighting described in subsection (b)(B) of this section shall not be used on any vehicle other than an authorized emergency vehicle. Provided, that a school bus may use the alternately flashing red lighting described in subsection (b)(B), or red flashing lights in the rear and amber flashing lights in the front.

(e)(E)   The use of the signal equipment described herein shall impose upon drivers of other vehicles the obligation to yield right-of-way and stop as prescribed in Sections 56-5-2360 and 56-5-2770."
SECTION   2.   Section 56-5-4830 of the 1976 Code is amended to read:

"Section 56-5-4830.   Any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency-vehicle emergency vehicle warning lamps, and school-bus school bus-warning lamps, which project a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high-intensity high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.

No A person shall not drive, or move, or park any vehicle or equipment upon any a highway with any a lamp or device thereon on it displaying a red or blue light visible from directly in front of the center thereof of it. This section shall not apply to any a vehicle upon which a red or blue light visible from the front is expressly authorized or required by this chapter.

Flashing lights are prohibited except on an authorized emergency vehicle, school bus, snow-removal equipment, or on any vehicle as a means of indicating a right or left turn or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, or passing."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3684--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LUCAS, with unanimous consent, it was ordered that H. 3684 (Word version) be read the third time tomorrow.

H. 3507--POINT OF ORDER

The following Bill was taken up:

H. 3507 (Word version) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, AND TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1499MM03):
Amend the bill, as and if amended, Section 27-35-75 as contained in SECTION 1, page 2, after line 3, by inserting:
/   (D)   If the lessee unreasonably withholds consent to the lessor to allow lawful access to the subject premises as described in subsection (A), the lessor may obtain injunctive relief in the magistrate's court or the circuit court in the county in which the property is located, without posting bond, to compel access. If injunctive relief is sought, the lessor may recover actual damages and reasonable attorney's fees and costs.

(E)   This section applies to all leases on commercial units located in South Carolina, whether created before or after its enactment. /
Amend the bill further, Section 27-35-75 as contained in SECTION 1, page 1, line 39, by inserting before /notice/ the word
/ written /
Renumber sections to conform.
Amend title to conform.

Rep. SINCLAIR explained the amendment.

POINT OF ORDER

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

H. 3930--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3930 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LOFTIS explained the Joint Resolution.

POINT OF ORDER

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

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

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.

H. 3908--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3908 (Word version) -- Reps. Barfield, Cato, Clemmons, Keegan, Viers, Wilkins and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE REPUBLIC OF CHINA (TAIWAN) FOR ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND FOR SUPPORTING ITS EFFORTS TOWARDS THE PEACE AND STABILITY OF THE ASIAN PACIFIC REGION.

Whereas, the Republic of China and the United States of America are friends and allies of long standing, both of which dearly cherish and commonly share values and ideals of freedom, democracy, and human rights; and

Whereas, the Republic of China has distinguished itself in the areas of education, economy, and democratization, being the world's nineteenth largest economy, the United States' eighth largest trading partner, as well as the fifth largest market for the United States' agricultural products; and

Whereas, the State of South Carolina and Taiwan have enjoyed long and mutually beneficial sister-state relations since 1981 with the prospect of further enhancing the association; and

Whereas, the twenty-three million inhabitants of Taiwan are hard-working and caring people who have been compassionately assisting needy people of many countries in humanitarian relief, medical assistance, and technical cooperation in a wide variety of aspects; and

Whereas, people in Taiwan are peace-loving and entitled to the basic right of living free from fear; and

Whereas, the Taiwan Straits is an indispensable water passage serving as an economic lifeline between the East Asian and the Southeast Asian countries in particular, and its peace and stability is vital to that of the Asia Pacific region; and

Whereas, the threat of the use of force against the Republic of China in any form, including the deployment of missiles aimed at Taiwan along the coastline of the strait, is apparently menacing to the peace and stability of our region and should not be tolerated. 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, by this resolution, recognize and commend the Republic of China (Taiwan) for its contributions to promote world peace, freedom, and human rights, and for supporting its efforts towards the peace and stability of the Asian Pacific region.

Be it further resolved that a copy of this resolution be forwarded to Maggie Tien, Director of the Taipei Economic and Cultural Office in Atlanta.
Rep. BARFIELD explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

S. 469--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 469 (Word version) -- Senators Grooms and Branton: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 61 IN DORCHESTER COUNTY FROM WALTERBORO ROAD TO THE SOUTHERNMOST INTERSECTION OF OLD BEECH HILL ROAD AND HIGHWAY 61 IN MEMORY OF CLEMENT SINGLETON, SR. AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD INDICATING THIS DESIGNATION IN RECOGNITION OF MR. SINGLETON'S YEARS OF HARD WORK AND SERVICE TO HIS COMMUNITY AND THIS STATE.

Whereas, Mr. Clement Singleton, Sr. was born in rural Dorchester County in 1913 to James and Florence Drayton Singleton and upon his mother's death, he was raised in Beech Hill, known today as Givhans, South Carolina; and

Whereas, Mr. Singleton married his late wife, Catherine, in 1933 and the two shared fifty-six wonderful years of marriage, during which time they raised eight children; and

Whereas, Clement Singleton began working as a farmer and later as a workman on the Santee Lake Landclearing Project. He worked for twenty-nine years with the United States government at the Charleston Naval Shipyard and Air Force Base until his retirement, after which he served as a subtrustee for Knightsville Elementary School; and

Whereas, Clement Singleton was an active member of Canaan Methodist Church where he served on a number of church boards, including Chairperson of Evangelism, Chairperson of the Male Choir, Chaplain for the United Methodist Men, and was a qualified layspeaker; and

Whereas, Mr. Singleton was a model member of his community who dedicated his time and talents to a variety of causes and organizations. He served as the Chaplain for the Prince Hall Masonic Lodge, the Chairperson for the Farmers Aide Association for twenty-five years, and was a member of the Martin Luther King Consistory and a member of the Royale Arch Masonry; and

Whereas, Mr. Singleton passed away on August 8, 2001; and

Whereas, the General Assembly is proud to recognize the service and accomplishments of Mr. Clement Singleton, Sr. and considers it fitting that the Department of Transportation name a portion of South Carolina Highway 61 in Dorchester County, where he was born and raised, in his memory. Now, therefore,

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

That the members of the General Assembly, by this resolution, request the Department of Transportation to name the portion of Highway 61 in Dorchester County from Walterboro Road to the southernmost intersection of Old Beech Hill Road and Highway 61 after Clement Singleton, Sr. and install appropriate markers or signs along the road indicating this designation in recognition of Mr. Singleton's years of hard work and service to his community and this State.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Mr. Clement Singleton, Sr.

The Concurrent Resolution was adopted and sent to the Senate.

H. 3904--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

H. 3904 (Word version) -- Reps. Tripp, 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, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO CONTINUE TO ALLOW THE STATES TO REGULATE INSURANCE COMPANIES, AND TO OPPOSE ANY PROPOSAL TO ESTABLISH EITHER A FEDERAL OR A BIFURCATED SYSTEM OF INSURANCE REGULATION OR TO CEDE AUTHORITY TO FEDERAL AGENCIES TO REGULATE FINANCIAL INSTITUTIONS INVOLVED IN THE BUSINESS OF INSURANCE.

Rep. CATO moved to adjourn debate on the Resolution, which was agreed to.

H. 3907--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3907 (Word version) -- Reps. Barfield, Clemmons, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME CONWAY PERIMETER ROAD WHICH CONNECTS UNITED STATES HIGHWAY 501 IN CONWAY WITH UNITED STATES HIGHWAY 378 "BILLY JORDAN BOULEVARD" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD CONTAINING THE WORDS "BILLY JORDAN BOULEVARD".

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

That the members of the General Assembly request the Department of Transportation to rename the Conway Perimeter Road which connects United States Highway 501 in Conway with United States Highway 378 "Billy Jordan Boulevard" and to install appropriate markers or signs along the road containing the words "Billy Jordan Boulevard".

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.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3924 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF INTERSTATE 26 AND S. C. HIGHWAY NUMBER 27 AT EXIT 187 THE "ELLIS MACDOUGALL INTERCHANGE" IN HONOR OF THE LATE ELLIS CAMPBELL MACDOUGALL FOR HIS DEDICATION AND MANY CONTRIBUTIONS TO THE BETTERMENT OF CRIMINAL JUSTICE AND THE ADVANCEMENT OF PRISON REFORM AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. MACDOUGALL'S MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3936 (Word version) -- Rep. Freeman: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON LEARNING OF THE DEATH OF STAFF SERGEANT JASON C. HICKS, UNITED STATES AIR FORCE, OF JEFFERSON ON SUNDAY, MARCH 23, 2003, WHILE ON A MISSION OF MERCY DURING OPERATION ENDURING FREEDOM IN AFGHANISTAN, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3937 (Word version) -- Reps. Pinson, Coates, Bingham, Delleney, Duncan, Gilham, Harrison, Haskins, Leach, Littlejohn, Loftis, M. A. Pitts, Quinn, Sandifer, Sinclair, Stille, Taylor, Toole, Tripp, Viers and Walker: A HOUSE RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES REGARDING THE INSENSITIVITY OF THE ORGANIZERS OF THE THREE RIVERS MUSIC FESTIVAL TO REPEATED REQUESTS FROM CITY LEADERS, LEGISLATIVE LEADERS, CHURCH LEADERS, COMMUNITY LEADERS, FAMILY ADVOCATES, AND OTHERS TO WITHDRAW FROM FINAL EXECUTION OF THE CONTRACT WITH LUDACRIS, TO ENCOURAGE OFFICIALS OF THE THREE RIVERS MUSIC FESTIVAL TO RESPECT COMMUNITY STANDARDS AND VALUES IN CONTRACTING WITH ACTS FOR THE 2004 FESTIVAL AND FUTURE FESTIVALS, AND TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM AND THE SOUTH CAROLINA EDUCATION LOTTERY MONITOR SPONSORSHIP SPENDING MORE CLOSELY AND REFUSE TO SPONSOR FUTURE EVENTS, PROGRAMS, AND FESTIVALS HOSTILE TO THE PERPETUATION OF A FAMILY-FRIENDLY CULTURE.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3938 (Word version) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE I-77 INTERCHANGE IN THE KILLIAN COMMUNITY OF RICHLAND COUNTY IN HONOR OF THE LATE W. D. "SON" GRIMSLEY, A DISTINGUISHED COMMUNITY LEADER AND PUBLIC SERVANT, AND TO REQUEST THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. GRIMSLEY'S CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3939 (Word version) -- Reps. Sandifer, Bales, Barfield, Bingham, G. Brown, Cato, Dantzler, Edge, Hamilton, Huggins, Thompson and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM DWELLING UNITS WITHOUT THE USE OF COMMUNITY-WIDE SERVERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE PENALTIES; AND TO PROVIDE THAT WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330, RELATING TO THESE MATTERS ARE REPEALED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

HOUSE RESOLUTION

The following was introduced:

H. 3940 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO CONGRATULATE RICHLAND NORTHEAST HIGH SCHOOL FOR RECEIVING THE DICK AND TUNKY RILEY SCHOOL IMPROVEMENT AWARD AS THE STATE'S TOP SCHOOL IMPROVEMENT COUNCIL AND COMMEND THE COUNCIL FOR ITS EXEMPLARY EFFORTS, DEDICATION, AND COMMITMENT TO SOUTH CAROLINA'S YOUTH.

The Resolution was adopted.

H. 3904--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3904 (Word version) -- Reps. Tripp, 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, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO CONTINUE TO ALLOW THE STATES TO REGULATE INSURANCE COMPANIES, AND TO OPPOSE ANY PROPOSAL TO ESTABLISH EITHER A FEDERAL OR A BIFURCATED SYSTEM OF INSURANCE REGULATION OR TO CEDE AUTHORITY TO FEDERAL AGENCIES TO REGULATE FINANCIAL INSTITUTIONS INVOLVED IN THE BUSINESS OF INSURANCE.
Whereas, for over the last one hundred thirty years, protecting consumers and ensuring the safety and soundness of insurance companies operating in the United States have been the prime objectives of state insurance regulation. State insurance regulation has been successful and effective and has adapted to changes in the marketplace; and

Whereas, state legislators and commissioners of insurance have acknowledged that differences in state laws and rules with regard to the regulation of the business of insurance can sometimes present obstacles to insurers, and they are taking steps to modernize regulation again to address challenges in the new financial services marketplace; and

Whereas, some national associations representing insurers and banks have prepared draft federal legislation to either establish one federal regulator of insurance or allow for dual federal and state insurance regulation; and

Whereas, if enacted by Congress, federal charter bills will bifurcate insurance regulation between the states and federal government, undermining the state system of consumer protections and financial surveillance, as well as causing a loss of jobs and taxes, fees, and other revenues to the states; and

Whereas, the State of South Carolina is committed to maintaining the states as the sole regulator of the business of insurance, while also continuing to support state efforts to streamline and simplify insurance regulation. South Carolina opposes any proposal to establish either a federal or a bifurcated system of insurance regulation or to cede authority to federal agencies to regulate financial institutions involved in the business of insurance. Now, therefore,

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

That the members of the General Assembly, by this resolution, memorialize the Congress of the United States to continue to allow the states to regulate insurance companies and to oppose any proposal to establish either a federal or a bifurcated system of insurance regulation or to cede authority to federal agencies to regulate financial institutions involved in the business of insurance.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States and all the members of the One Hundred Eighth Congress.

Rep. TRIPP explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3937 (Word version) -- Reps. Pinson, Coates, Bingham, Delleney, Duncan, Gilham, Harrison, Haskins, Leach, Littlejohn, Loftis, M. A. Pitts, Quinn, Sandifer, Sinclair, Stille, Taylor, Toole, Tripp, Viers and Walker: A HOUSE RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES REGARDING THE INSENSITIVITY OF THE ORGANIZERS OF THE THREE RIVERS MUSIC FESTIVAL TO REPEATED REQUESTS FROM CITY LEADERS, LEGISLATIVE LEADERS, CHURCH LEADERS, COMMUNITY LEADERS, FAMILY ADVOCATES, AND OTHERS TO WITHDRAW FROM FINAL EXECUTION OF THE CONTRACT WITH LUDACRIS, TO ENCOURAGE OFFICIALS OF THE THREE RIVERS MUSIC FESTIVAL TO RESPECT COMMUNITY STANDARDS AND VALUES IN CONTRACTING WITH ACTS FOR THE 2004 FESTIVAL AND FUTURE FESTIVALS, AND TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM AND THE SOUTH CAROLINA EDUCATION LOTTERY MONITOR SPONSORSHIP SPENDING MORE CLOSELY AND REFUSE TO SPONSOR FUTURE EVENTS, PROGRAMS, AND FESTIVALS HOSTILE TO THE PERPETUATION OF A FAMILY-FRIENDLY CULTURE.

H. 3937--ADOPTED

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

H. 3937 (Word version) -- Reps. Pinson, Coates, Bingham, Delleney, Duncan, Gilham, Harrison, Haskins, Leach, Littlejohn, Loftis, M. A. Pitts, Quinn, Sandifer, Sinclair, Stille, Taylor, Toole, Tripp, Viers and Walker: A HOUSE RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES REGARDING THE INSENSITIVITY OF THE ORGANIZERS OF THE THREE RIVERS MUSIC FESTIVAL TO REPEATED REQUESTS FROM CITY LEADERS, LEGISLATIVE LEADERS, CHURCH LEADERS, COMMUNITY LEADERS, FAMILY ADVOCATES, AND OTHERS TO WITHDRAW FROM FINAL EXECUTION OF THE CONTRACT WITH LUDACRIS, TO ENCOURAGE OFFICIALS OF THE THREE RIVERS MUSIC FESTIVAL TO RESPECT COMMUNITY STANDARDS AND VALUES IN CONTRACTING WITH ACTS FOR THE 2004 FESTIVAL AND FUTURE FESTIVALS, AND TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM AND THE SOUTH CAROLINA EDUCATION LOTTERY MONITOR SPONSORSHIP SPENDING MORE CLOSELY AND REFUSE TO SPONSOR FUTURE EVENTS, PROGRAMS, AND FESTIVALS HOSTILE TO THE PERPETUATION OF A FAMILY-FRIENDLY CULTURE.

Whereas, hip hop artist Ludacris is to appear at Columbia's Three Rivers Music Festival on April 4, 2003; and

Whereas, the lyrics of the songs of Ludacris contain a preponderance of profanity, vulgarity, racial epithets, and dehumanizing and abusive references to women; and

Whereas, the sponsors of Columbia's Three Rivers Music Festival include the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Education Lottery, and the City of Columbia; and

Whereas, the presence of Ludacris and the accompanying promotion of his music in South Carolina conflicts with the values of most South Carolinians; and

Whereas, public filth underwritten by public dollars has a corrupting and detrimental effect on our culture and its common values of character, decency, honor, and integrity; and

Whereas, a number of the corporate sponsors of the Three Rivers Music Festival have registered their concerns about the message Ludacris sends to our youth. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, express their deep disappointment regarding the insensitivity of the organizers of the Three Rivers Music Festival to repeated requests from city leaders, legislative leaders, church leaders, community leaders, family advocates, and others to withdraw from final execution of the contract with Ludacris, encourage officials of the Three Rivers Music Festival to respect community standards and values in contracting with acts for the 2004 festival and future festivals, and request that the South Carolina Department of Parks, Recreation and Tourism and the South Carolina Education Lottery monitor sponsorship spending more closely and refuse to sponsor future events, programs, and festivals hostile to the perpetuation of a family-friendly culture.

Be it further resolved that a copy of this resolution be forwarded to the Three Rivers Music Festival, the Director of the Department of Parks, Recreation and Tourism, the Office of the South Carolina Education Lottery, and the Mayor and City Council of Columbia.

The question then recurred to the adoption of the Resolution.

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

Yeas 80; Nays 8

Those who voted in the affirmative are:

Altman                 Anthony                Bales
Barfield               Battle                 Bingham
J. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cooper                 Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Hagood                 Harrell
Harrison               Harvin                 Haskins
J. Hines               M. Hines               Hinson
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lourie                 Mahaffey               McCraw
McGee                  Merrill                J. M. Neal
Neilson                Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Richardson             Sandifer
Scarborough            Sheheen                Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--80

Those who voted in the negative are:

Breeland               R. Brown               Cobb-Hunter
Gourdine               Howard                 Lloyd
Rutherford             Weeks

Total--8

So, the House Resolution was adopted.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators O'Dell, Branton and Setzler of the Committee of Free Conference on the part of the Senate on S. 341:

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.

Very respectfully,
President
Received as information.

S. 341--FREE CONFERENCE REPORT ADOPTED

FREE CONFERENCE REPORT
S. 341
The General Assembly, Columbia, S.C., April 3, 2003

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   "Section 1-11-440.   (A)   The State must defend the members of the State Budget and Control Board against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the board and must indemnify these members for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. The State must defend officers and management employees of the board and legislative employees performing duties for board members against a claim or suit that arises out of or by virtue of performance of official duties unless the officer, management employee, or legislative employee was acting in bad faith and must indemnify these officers, management employees, and legislative employees for a loss or judgment incurred by them as a result of such claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to members, officers, management employees, and legislative employees after they have left their employment with the board or General Assembly, as applicable, if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the board.

(B)   The State must defend the members of the Retirement Systems Investment Panel established pursuant to Section 16, Article X of the Constitution of this State and Section 9-16-310 against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the panel and must indemnify these members for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to members of the panel after they have left their service with the panel if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the panel."
SECTION   2.   This act takes effect upon approval by the Governor and applies to a claim or suit filed on or after that date. /

Amend title to conform.

Nikki G. Setzler                  Herb Kirsh
William H. O'Dell                 Daniel T. Cooper
William S. Branton                Robert W. Harrell
On Part of the Senate.            On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3898 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEE CENTRAL HIGH SCHOOL "LADY STALLIONS" GIRLS BASKETBALL TEAM ON WINNING THE CLASS AA STATE CHAMPIONSHIP FOR THE THIRD CONSECUTIVE SEASON, TO COMMEND THEM FOR THE HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK IT TOOK TO BECOME A CHAMPIONSHIP TEAM, AND TO WISH THEM EVERY SUCCESS IN THEIR ACADEMIC AND ATHLETIC CAREERS AND IN ALL OF THEIR FUTURE ENDEAVORS.

H. 3905 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE BOYS AND GIRLS CLUBS OF SOUTH CAROLINA FOR THEIR UNWAVERING DEDICATION TO THE YOUNG PEOPLE OF THIS STATE AND FOR THEIR OUTSTANDING IMPACT ON OUR COMMUNITIES ON THE OCCASION OF THE "YOUTH OF THE YEAR CELEBRATION" APRIL 10 AND 11, 2003.

H. 3912 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE MR. CHARLES T. COLE, JR., OF COLUMBIA FOR HIS COMMITMENT TO IMPROVING THE CITY OF COLUMBIA AND THE STATE OF SOUTH CAROLINA AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. COLE ON BEING NAMED THE 2003 AMBASSADOR OF THE YEAR.

H. 3913 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. J. C. ROWE OF FOREST ACRES FOR HIS MANY YEARS OF SERVICE TO HIS LOCAL COMMUNITY AND THE STATE OF SOUTH CAROLINA, UPON RETIRING FROM HIS CURRENT POSITION AS MAYOR OF FOREST ACRES ON JUNE 30, 2003, AND TO WISH HIM MANY YEARS OF CONTINUED HAPPINESS.

H. 3921 (Word version) -- Reps. J. R. Smith, Stewart, Clyburn and D. C. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL BULLDOGS BOYS BASKETBALL TEAM ON WINNING ITS FIRST CLASS AA STATE CHAMPIONSHIP, COMMEND THE PLAYERS, COACHES, AND STAFF FOR THEIR HARD WORK AND DEDICATION, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

H. 3923 (Word version) -- Reps. Govan, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks, Whipper, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, G. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Huggins, Jennings, Keegan, Kirsh, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Sandifer, Scarborough, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE RILEY B. "B.B." KING OF MEMPHIS, TENNESSEE, FOR HIS MANY CONTRIBUTIONS TO BLUES, TO COMMEND HIM FOR HIS LIFELONG DEDICATION TO HIS ART AND SHARING HIS MUSICAL GIFT WITH US ALL, AND TO WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

H. 3894 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 23, 2003, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

H. 3911 (Word version) -- Reps. J. E. Smith, 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. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.

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.

ADJOURNMENT

At 11:30 a.m. the House, in accordance with the motion of Rep. J. HINES, adjourned in memory of Harry Robinson, Sr. of Florence, to meet at 10:00 a.m. tomorrow.

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