Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Jeremiah 14:9: "You are among us, O Lord, and we bear Your name; do not forsake us!"
Let us pray. Almighty and merciful God, You nourished and sustained Your people whom You have called to be elected and appointed to serve the people of this State. Give them wisdom, strength, and vision to do what is best for Your people. Bless our President and protect our troops who are still in harm's way. Hear us as we pray. Amen.

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

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

Rep. SCARBOROUGH moved that when the House adjourns, it adjourn in memory of Leonard C. Fulghum III, which was agreed to.

The following was received:

Columbia, S.C., May 19, 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.82, H. 3837 by a vote of 46-0.

(R82) H. 3837 (Word version) -- Rep. Hayes: AN ACT 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.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 15, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on :

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.

Very respectfully,
President
Received as information.

The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:

S. 10 (Word version) -- Senators Ravenel, Mescher and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2004 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
Ordered for consideration tomorrow.

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

H. 4229 (Word version) -- Rep. Phillips: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE GAFFNEY HIGH SCHOOL "INDIANS" GOLF TEAM, COACH KEVIN PHILLIPS, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 21, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR COLLABORATIVE EFFORTS AND HARD WORK IN CAPTURING THE 2003 CLASS AAAA STATE GOLF CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the members of the Gaffney High School "Indians" Golf Team, Coach Kevin Phillips, and other school officials on Wednesday, May 21, 2003, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on their collaborative efforts and hard work in capturing the 2003 Class AAAA State Golf Championship.

The Resolution was adopted.

The following was introduced:

H. 4230 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL GIRLS SOFTBALL TEAM AND THEIR COACHES FOR WINNING THEIR SECOND STRAIGHT CLASS AA STATE CHAMPIONSHIP.

The Resolution was adopted.

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

H. 4231 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith and Stewart: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO JASON FULMER, THIRD GRADE TEACHER AT REDCLIFFE ELEMENTARY SCHOOL IN AIKEN COUNTY, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING HIM UPON HIS BEING NAMED SOUTH CAROLINA TEACHER OF THE YEAR FOR 2003.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to Jason Fulmer, third grade teacher at Redcliffe Elementary School in Aiken County, at a date and time to be determined by the Speaker, for the purpose of recognizing him upon his being named South Carolina Teacher of the Year for 2003.

The Resolution was adopted.

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

H. 4232 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS, COACHES, AND OTHER OFFICIALS OF THE SILVER BLUFF HIGH SCHOOL GIRLS SOFTBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE CLASS AA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the members, coaches, and other officials of the Silver Bluff High School Girls Softball team at a date and time to be determined by the Speaker, for the purpose of recognizing them for winning the Class AA State Championship.

The Resolution was adopted.

The following was introduced:

H. 4233 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAURENCE MANNING ACADEMY "LADY SWAMPCATS" OF MANNING AND THEIR COACHES ON WINNING THE 2003 SCISA CLASS AAA GIRLS' SOFTBALL STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THE SEASON.

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

The following was introduced:

H. 4234 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE GAFFNEY HIGH SCHOOL "INDIANS" GOLF TEAM AND TO COACH KEVIN PHILLIPS, ON THEIR OUTSTANDING DETERMINATION AND HARD WORK THROUGHOUT THE SEASON AND ON CAPTURING THE 2003 CLASS AAAA STATE GOLF CHAMPIONSHIP TITLE ON WEDNESDAY, MAY 14, 2003.

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

The following was introduced:

H. 4235 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO CONGRATULATE JASON FULMER, THIRD GRADE TEACHER AT REDCLIFFE ELEMENTARY SCHOOL IN AIKEN COUNTY, UPON HIS BEING NAMED SOUTH CAROLINA TEACHER OF THE YEAR FOR 2003.

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

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

H. 4236 (Word version) -- Reps. J. Brown, Howard, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. 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, 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, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO DR. STEVE AARON WILSON OF COLUMBIA ON THURSDAY, MAY 29, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF CONGRATULATING HIM ON BEING NAMED THE SECONDARY PRINCIPAL OF THE YEAR FOR THE STATE OF SOUTH CAROLINA.

Be it further resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to Dr. Steve Aaron Wilson of Columbia on Thursday, May 29, 2003, at a time to be determined by the Speaker for the purpose of congratulating him on being named the Secondary Principal of the Year for the State of South Carolina.

The Resolution was adopted.

The following was introduced:

H. 4237 (Word version) -- Reps. J. Brown, Howard, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. 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, 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, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE DR. STEVE AARON WILSON OF COLUMBIA ON BEING NAMED SECONDARY PRINCIPAL OF THE YEAR FOR THE STATE OF SOUTH CAROLINA, TO COMMEND HIM FOR HIS HARD WORK AND DEDICATION, TO WISH HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

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

The Senate sent to the House the following:

S. 702 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO CONGRATULATE MR. SAMUEL A. CHEATHAM OF LEXINGTON UPON HIS RETIREMENT FROM THE CLEMSON UNIVERSITY COOPERATIVE EXTENSION SERVICE, TO COMMEND HIM FOR HIS MANY YEARS OF HARD WORK AND DEDICATED SERVICE TO HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA, AND TO WISH HIM AND HIS FAMILY MUCH HAPPINESS UPON HIS RETIREMENT.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 703 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. ARNOLD SCREEN OF LEXINGTON FOR HIS MANY YEARS OF SERVICE TO HIS LOCAL COMMUNITY AND THE STATE OF SOUTH CAROLINA, UPON RETIRING FROM HIS CURRENT POSITION AS LEXINGTON COUNTY SENIOR EXTENSION AGENT OF CLEMSON UNIVERSITY EXTENSION SERVICE AND TO WISH HIM MANY YEARS OF CONTINUED HAPPINESS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 704 (Word version) -- Senators Martin, Alexander, O'Dell and Waldrep: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO DR. DON C. GARRISON OF PICKENS COUNTY ON THE OCCASION OF HIS RETIREMENT AS PRESIDENT OF TRI-COUNTY TECHNICAL COLLEGE, FOR HIS MANY YEARS OF SERVICE TO THIS STATE THROUGH HIS WORK IN HIGHER EDUCATION, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

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

H. 4238 (Word version) -- Reps. Chellis and Cato: A BILL TO AMEND CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40, FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ACCOUNTANTS INCLUDING, BUT NOT LIMITED TO, REVISING THE COMPOSITION OF THE BOARD TO CONTAIN THREE RATHER THAN TWO MEMBERS OF THE PUBLIC, CLARIFYING THE SCOPE OF PRACTICE OF ACCOUNTANTS, FURTHER SPECIFYING EDUCATIONAL REQUIREMENTS FOR LICENSURE, AUTHORIZING FEES FOR REGISTRATION OF ACCOUNTING FIRMS, AUTHORIZING THE ESTABLISHMENT OF PEER REVIEW STANDARDS, INCREASING CRIMINAL PENALTIES, REVISING LICENSURE RENEWAL PROCEDURES, DELETING PROVISIONS FOR THE LICENSURE AND REGULATION OF ACCOUNTING PRACTITIONERS AND TO PROVIDE CERTAIN TRANSITION PROVISIONS.
Referred to Committee on Labor, Commerce and Industry

S. 51 (Word version) -- Senators Elliott and Ravenel: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY, AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, TO ESTABLISH CERTAIN ADVISORY COMMITTEES, AND TO SEEK FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHER MINORITY GROUPS, AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.
Referred to Committee on Judiciary

The following was introduced:

H. 4239 (Word version) -- Rep. Rhoad: A HOUSE RESOLUTION TO CONGRATULATE THE EDISTO HIGH SCHOOL "COUGARS" BOYS TRACK TEAM AND THEIR COACH, HERMAN JOHNSON, ON WINNING THE 2003 CLASS AA BOYS TRACK AND FIELD STATE CHAMPIONSHIP TITLE AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THEIR SEASON.

The Resolution was adopted.

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

H. 4240 (Word version) -- Rep. Rhoad: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE EDISTO HIGH SCHOOL "COUGARS" BOYS TRACK AND FIELD TEAM AND THE TEAM'S COACH, HERMAN JOHNSON, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR COLLABORATIVE EFFORTS AND HARD WORK IN CAPTURING THE 2003 CLASS AA BOYS TRACK AND FIELD STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the Edisto High School "Cougars" Boys Track and Field Team and the team's coach, Herman Johnson, at a date and time to be determined by the Speaker for the purpose of congratulating them on their collaborative efforts and hard work in capturing the 2003 Class AA Boys Track and Field State Championship Title.

The Resolution was adopted.

The following was taken up for immediate consideration:

H. 4241 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND AVAILABLE COMMITTEE HEARING ROOMS IN THE BLATT BUILDING ON THURSDAY, DECEMBER 4, 2003, AND FRIDAY, DECEMBER 5, 2003, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Whereas, forty-five states have successful Youth in Government programs; and

Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school students; and

Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the Young Men's Christian Association Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and

Whereas, more than one thousand five hundred high school students in the State are expected to participate this year, making the South Carolina Youth in Government program the largest in the nation. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives authorize the Greenville Young Men's Christian Association Youth in Government program to use the House Chamber and such hearing rooms as may be available in the Blatt Building on Thursday, December 4, 2003, and Friday, December 5, 2003, to conduct a Youth in Government program; except that if the House of Representatives is meeting in statewide session on those dates, the House Chamber may not be used.

Be it further resolved that the use of the chamber and the available committee hearing rooms by the Greenville Young Men's Christian Association must be in strict accordance with the policies and rules of the House.

Be it further resolved that the Office of the Sergeant at Arms of the House shall provide assistance and access as necessary for this meeting in accordance with applicable procedures of the Rules of the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to Ms. Mary Capers Bledsoe, Executive Director of the YMCA Youth in Government, and the Honorable Mitchell G. Dorman, Sergeant at Arms of the House of Representatives.

The Resolution was adopted.

The following was introduced:

H. 4242 (Word version) -- Reps. Bowers, R. Brown, Lloyd and McLeod: A HOUSE RESOLUTION TO HONOR ANNA LOU AND ROBERT MARVIN FOR THEIR LOVE AND PASSION OF NATURE AND TO RECOGNIZE THE ESTABLISHMENT OF THE ANNA LOU AND ROBERT MARVIN PARK IN WALTERBORO.

The Resolution was adopted.

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

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

I came in after the roll call and was present for the Session on Tuesday, May 20.

Thad Viers                        Glenn Hamilton
Denny Neilson                     James Harrison
John Scott                        H.B. "Chip" Limehouse
Richard Quinn                     Olin Phillips
Bessie Moody-Lawrence             Ralph Davenport
Jerry Govan                       Bill Cotty
Douglas Jennings                  James E. Smith
Vincent Sheheen                   Larry Koon
J.J. "Bubber" Snow                Becky Richardson

Announcement was made that Dr. William Ward of Cayce is the Doctor of the Day for the General Assembly.

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

Bill Number:   H. 3649 (Word version)
Date:   ADD:
05/20/03   VIERS

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

H. 4159 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.

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

H. 4220 (Word version) -- Reps. Clemmons, Barfield, Keegan, Viers and Witherspoon: A BILL TO ALLOW THE GOVERNING BODY OF HORRY COUNTY BY ORDINANCE TO REQUIRE THE LISTING OF STRUCTURAL IMPROVEMENTS AND ANY RESULTING CHANGES IN USE FOR REAL PROPERTY WITHIN THIRTY DAYS FOLLOWING THE DAY ON WHICH THE IMPROVEMENTS ARE COMPLETED AND FIT FOR THE INTENDED USE AND PROVIDE EXCEPTIONS, AND TO MAKE TAXES ATTRIBUTABLE TO IMPROVEMENTS LISTED AFTER JUNE 30 OF THE PROPERTY TAX YEAR DUE AND PAYABLE WHEN TAXES ARE DUE AND PAYABLE ON THE PROPERTY FOR THE SUCCEEDING PROPERTY TAX YEAR.

H. 3281 (Word version) -- Rep. Townsend: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

H. 3355 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 3 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

S. 550 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE AND THE STATE TREASURER'S OFFICE TO ADJUST MISALLOCATIONS OF LOCAL OPTION SALES TAX REVENUE COLLECTIONS AND DISTRIBUTIONS IN FISCAL YEAR 2001-2002 DURING THE SUCCEEDING TWO FISCAL YEARS FOR THE PURPOSE OF PROVIDING A ONETIME CORRECTED BASE FOR THE USE OF THE STATE TREASURER'S OFFICE IN CALCULATING FUTURE DISTRIBUTIONS AND PROVIDE THE MANNER IN WHICH THE STATE TREASURER'S OFFICE SHALL USE THE ADJUSTED AMOUNT FOR FUTURE DISTRIBUTIONS.

Rep. MCGEE explained the Joint Resolution.

H. 4120 (Word version) -- Reps. Neilson, Bales, Emory, Freeman, Hagood, Harrell, Kirsh, Koon, Mahaffey, Snow and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-191 SO AS TO PROVIDE THAT ALL STATE AGENCIES SENDING MAIL TO OTHER STATE AGENCIES OR TO STATE EMPLOYEES OUTSIDE THAT AGENCY ARE REQUIRED TO USE INTERAGENCY MAIL DELIVERY SERVICES OF THE AGENCY MAIL PROGRAM ADMINISTERED BY THE BUDGET AND CONTROL BOARD, AND TO PROVIDE EXCEPTIONS.

Rep. NEILSON explained the Bill.

The following Bill was taken up:

H. 4188 (Word version) -- Reps. Limehouse, Altman, Breeland, R. Brown, Chellis, Hagood, Harrell, Mack, Merrill, Miller, Scarborough, Whipper and Young: A BILL TO PROVIDE THAT EFFECTIVE JULY 1, 2003, DISTRIBUTIONS DUE CHARLESTON COUNTY FROM THE LOCAL GOVERNMENT FUND ($14,120,593 FOR FISCAL YEAR 2002-2003) PURSUANT TO THE STATE AID TO SUBDIVISIONS ACT ARE INSTEAD DISTRIBUTED TO THE SCHOOL DISTRICT OF CHARLESTON COUNTY WHICH MUST USE THESE FUNDS TO ROLLBACK PROPERTY TAXES FOR SCHOOLS.

Rep. ALTMAN moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.

The following Bill was taken up:

H. 4007 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-82 SO AS TO SPECIFY CERTAIN FUNCTIONS AND PROCEDURES THAT MAY NOT BE DELEGATED TO DENTAL HYGIENISTS; TO AMEND SECTION 40-15-85, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE LICENSURE AND REGULATION OF DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE THE DEFINITION OF "GENERAL SUPERVISION" AND TO DEFINE "AUTHORIZED"; BY ADDING SECTION 40-15-102 SO AS TO SPECIFY CERTAIN FUNCTIONS THAT A DENTAL HYGIENIST MAY ONLY PERFORM UNDER GENERAL SUPERVISION; AND TO AMEND SECTION 40-15-110, RELATING TO CERTAIN EXEMPTIONS FROM THE REQUIREMENTS OF CHAPTER 15, TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE PROVISIONS PERTAINING TO DENTAL HYGIENISTS PROVIDING SERVICES IN A PUBLIC HEALTH SETTING.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11748AC03), which was adopted:
Amend the bill, as and if amended, Section 40-15-82(1) page 1, line 38 by deleting /planning/ and on line 39 after /treatment/ by inserting /planning/ so when amended Section 40-15-82(1) reads:
/(1)   dental examinations, dental diagnoses, and dental treatment planning;/
Amend the bill further, Section 40-15-85(2) page 2 by deleting lines 33 and 34 and inserting /dentist or the South Carolina Department of Health and Environmental Control's public health dentist has authorized the / so when amended Section 40-15- 85(2) reads:
/(B)(2)   The term   'General supervision' means that a licensed dentist or the South Carolina Department of Health and Environmental Control's public health dentist has authorized the procedures to be performed but does not require that a dentist be present when the procedures are performed. General supervision is not applicable to the practice of dental hygiene in a private dental office. /
Amend the bill further, Section 40-15-85(3) page 2 line 40 by deleting /and/or/ and inserting /and/or and/; and on lines 40-41 by deleting /and stain or stains/ and inserting /and stain/; and beginning on line 41 by deleting /primary, transitional, and/or permanent teeth/ and inserting /primary, transitional, and/or permanent teeth or prosthetic devices/ so when amended Section 40-15-85(3) reads:
/(C)(3)   The term 'Oral prophylaxis' means the removal of any and/or and all hard and soft deposits, accretions, toxins, and stain from any natural or restored surfaces of primary, transitional, and/or permanent teeth or prosthetic devices by scaling and polishing as a preventive measure for the control of local irritational factors. /
Amend the bill further, by deleting Section 40-15-85(4) on page 3, lines 1-3.
Amend the bill further, by deleting SECTION 3 of the bill in its entirety and inserting:
/SECTION   3.   Chapter 15, Title 40 of the 1976 Code is amended by adding:

"Section 40-15-102.   (A)   'Authorized' means the supervising dentist in a private office setting has personally approved the procedures to be performed and is responsible for the care provided to the patient.

(B)   In a private dental office setting, a dental hygienist may only perform the following functions under general supervision:

(1)   Oral prophylaxis and assessment;

(2)   fluoride treatment;

(3)   oral hygiene instruction and education;

(4)   exposure and process of radiographs as directed by standard office protocol.

(C)   A dentist in a private office setting may authorize general supervision only upon meeting the following criteria:

(1)   a new patient of record must be clinically examined by the authorizing dentist during the initial visit;

(2)   an appointed patient must be examined by the authorizing dentist at a minimum of twelve-month intervals.

(3)   an appointed patient must be notified in advance of the appointment that he or she will be treated by the dental hygienist under general supervision without the authorizing dentist being present or being examined by the authorizing dentist.

(D)   A dentist authorizing treatment by a dental hygienist in school settings or nursing home settings is subject to the general supervision restrictions provided for in this section unless the dentist or dental hygienist is working in a public health setting with the Department of Health and Environmental Control, as provided for in Section 40-15-110.

(E)   A dentist billing for services for treatment provided by a dental hygienist in a public health setting with the Department of Health and Environmental Control as provided for in Section 40-15-110, is the provider of services and is clinically responsible for the care and treatment of the patient."/
Renumber sections to conform.
Amend title to conform.

Rep. PARKS 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. 3909 (Word version) -- Reps. Lucas and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20599SD03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   The General Assembly finds that there are circumstances where it is advantageous to classify manufactured homes affixed to real property as real property so as to allow for the granting of a mortgage on the real property with the manufactured home being subject to the mortgage. Further, there does not exist a uniform system for retiring the title certificate on a manufactured home, and, as a consequence, citizens are frequently denied opportunities to secure financing for their manufactured homes from federally guaranteed sources. To ameliorate the difficulties resulting from the absence of a uniform procedure, the General Assembly intends to provide a uniform procedure for retiring the title certificate for a manufactured home affixed to real property and to provide that manufactured homes affixed to real property in specified circumstances may be subject to a mortgage on the real property. By adoption of a uniform system for the retirement of title certificates on manufactured homes, the General Assembly intends that other statutory and regulatory provisions affecting manufactured housing remain unchanged.
SECTION   2.   Chapter 19, Title 56 of the 1976 Code is amended by adding:
"Article 4 Retirement of Title Certificate to Manufactured Homes

Section 56-19-500.   As used in this article:

(1)   'Affixed' means that the manufactured home is installed in accordance with the state required installation standards, with wheels, axles, and towing hitch removed, and with the owner of the home having an intention that the manufactured home becomes an improvement to the real property whereon it is situated as evidenced by the filing of the affidavits provided in this article. The filing of the affidavits provided for in this article is conclusive proof of the intent to affix the manufactured home to real property.

(2)   'Division' means the Division of Motor Vehicles of the Department of Public Safety.

(3)   'Homeowner' means, when referring to a manufactured home for which a title certificate is issued as required by Section 56-19-210, the person identified on the title certificate as the owner of the 'manufactured home'.

(4)   'Manufactured home' means a 'mobile home' as defined by law or a structure, transportable in one or more sections, which (a) in the traveling mode is eight body feet or more in width, or forty body feet or more in length, or (b) when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it.

(5)   'Owner' means, when referring to a manufactured home for which the title certificate has been retired either pursuant to the procedure utilized before the effective date of this article by the division or pursuant to this article, the person who owns the real property or has a recorded leasehold estate of thirty-five or more years on the real property upon which the manufactured home has become affixed and the instrument creating the leasehold estate authorizes the lessee to encumber the real property with a lien.

(6)   'Retire the title certificate' means to cancel through the procedure established by this article an existing manufactured home title certificate issued by this state.

(7)   'Secured party' means any lienholder identified on the title certificate of a manufactured home, or the lender securing a loan through a mortgage, deed of trust, or real estate contract when referring to real property or real property to which a manufactured home has been affixed and the title certificate retired.

(8)   'Security interest' means an interest in property to secure payment of a loan made by a secured party to a borrower or a lien created by operation of law.

(9)' Sever' means to physically remove the manufactured home from the real property to which it is affixed.

Section 56-19-510.   (A)   An owner of a manufactured home may affix the home to real property by:

(1)   installing the home in accordance with the required installation standards and removing the wheels, axles, and towing hitch; and

(2)   filing with the register of deeds or clerk of court, as appropriate, for the county in which the manufactured home is located the Manufactured Home Affidavit for the Retirement of Title Certificate in the form prescribed in this article together with proof of ownership as evidenced by a copy of the most recent deed of record or other instrument vesting title, the certificate of occupancy from the appropriate building official of the jurisdiction in which the manufactured home is located, and paying the filing fee required for affidavits by Section 8-21-310.

(B)   The register of deeds or clerk of court must record the affidavit as if it were a deed to real property with the homeowner being identified as grantor and give notification to the county assessor.

(C)   Upon the filing of the affidavit the manufactured home is to be treated for all purposes except condemnation as real property and title to the manufactured home is thereby vested in the lawful owner of the real property to which it is affixed. A warning notice to those filing the affidavit must be included in the affidavit.

(D)   The Manufactured Home Affidavit for the Retirement of Title Certificate must be in the following form:

STATE OF SOUTH CAROLINA   )

)   MANUFACTURED HOME AFFIDAVIT
COUNTY OF______________________)   FOR RETIREMENT OF TITLE CERTIFICATE

(1)   Name of Owner____________________________________

(2)   Description of Manufactured Home:

Date of Manufacture: _______________

Manufacturer:_______________________

Model year:   _________________Make:   ______________

Width:   __________________   Length:__________________

Identification Number (VIN):___________________________

(3)   Check whichever is applicable:

_____   The above described manufactured home is not subject to a security lien.

_____   The above described manufactured home is subject to a security lien and a separate affidavit, as required by law, will be filed naming the secured parties.

(4)   Full legal description of new property to which manufactured home is to be affixed using metes and bounds or reference to recorded plat by book and page. (A separate sheet identified as 'Exhibit A' may be attached.)

(5)   Derivation: This being the identical or a portion of property conveyed or leased to the owner by deed or lease from ______________________________________________ and recorded ___________________ in Book _____________ at page ___________________.
Tax map number______________________
Tax billing address______________________________________________

(6)   The above described manufactured home is permanently affixed or is to be permanently affixed to the above described real property and the title certificate is to be retired in accordance with applicable law.

(7)   Check if applicable:

______The owner of the manufactured home owns or has a leasehold estate of thirty-five or more years in the real property to which the manufactured home is affixed.

(8)   WARNING: the execution and filing of this affidavit transfers ownership of the manufactured home to the lawful owner of the real property to which it is affixed.
The owner certifies that the above information provided by the owner is true and correct to the best information and belief of the owner.
Date:_______________________________     __________________________________________________

Signature of owner:

_______________________________________________

Type or print name of owner
witness:_____________________________
witness:_____________________________
STATE OF SOUTH CAROLINA)
COUNTY OF ________________)           PROBATE
Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that (s)he saw ___________________________________, sign, seal, and deliver the foregoing Affidavit and that (s)he, together with ____________________________ witnessed the execution thereof.

_______________________________________
SWORN to before me this
___ day of _______________
____________________________(L.S.)
Notary Public for _____________
My Commission Expires:________

Section 56-19-520.   (A)   Commencing nine months following the effective date of this article, the division must retire the title certificate to the manufactured home upon receipt of the following:

(1)   A clocked and stamped copy of the Manufactured Home Affidavit for the Retirement of Title Certificate filed with the register of deeds or clerk of court;

(2)   The title certificate for the manufactured home, with either a release of lien or the consent of any secured party to the retirement of the title certificate indicated in writing on the title certificate by each secured party which authorizes the division to cancel its record of any lien as if it had been released. The release of lien may be accomplished by the appropriate notation on the title certificate or by an affidavit on the form provided in this article. Any licensed attorney admitted to practice in this State who can provide proof of payment of funds by evidence of payment made payable to a secured party or other party entitled to receive payment may record or cause to be recorded an affidavit duly executed in the presence of two witnesses and probated or acknowledged which states that full balance or payoff amount of the lien or other instrument securing the payment of money and being a lien upon the manufactured home has been made and that evidence of payment from the secured party exists. This affidavit, duly recorded in the appropriate county, shall serve as notice of satisfaction of the security interest and release of the lien upon the manufactured home. The filing of the affidavit with the division shall be sufficient to satisfy, release, or discharge the lien. This item may not be construed to require an attorney to record an affidavit or to create liability for failure to file the affidavit. The licensed attorney signing the affidavit which is false is guilty of perjury in violation of Section 16-9-10 and shall be liable for damages that any person may sustain as a result of the false affidavit, including reasonable attorney's fee incurred in connection with the recovery of the damages;

(3)   a receipt demonstrating payment of the most recently billed property taxes for the manufactured home; and,

(4)   payment of a fee established by the division not to exceed fifty dollars for retirement of the title certificate and, notwithstanding any other provision of law, the fee collected by the division must be placed by the Comptroller General into a special restricted account to be used by the division to defray the expenses of the division in administering this article.

(B)   The affidavit referred to in subsection (A) must be as follows:

STATE OF SOUTH CAROLINA)

)       SATISFACTION AFFIDAVIT
COUNTY OF_________________)
The undersigned on oath, being first duly sworn, hereby certifies:
(1)   The undersigned is a licensed attorney admitted to practice in the State of South Carolina.
(2)   With respect to the security interest given by ______________________ to__________________________ and dated _____________________________:

(a)   [ ]   that the undersigned was given written payoff information and made the payoff and is in possession of a canceled check to the secured party; or

(b)   [ ]   that the undersigned was given written payoff information and made the payoff by wire transfer or other electronic means to the secured party and has confirmation from the undersigned's bank of the transfer to the account provided by the secured party.
Under penalties of perjury, I declare that I have examined this affidavit this ______ day of ___________ and, to the best of my knowledge and belief, it is true, correct, and complete.
Witness:_____________________________   _______________________________________

Signature
Witness:_____________________________   __________________________________________

Name--Please Print

____________________________________________

Attorney's Bar Number

____________________________________________

Street Address

_____________________________________________

City, State, Zip Code

______________________________________________

Telephone
STATE OF SOUTH CAROLINA)
COUNTY OF _________________)           PROBATE
Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing Affidavit and that he, together with ____________________________ witnessed the execution thereof.
Subscribed and sworn to before me
this _________ day of ____________________
Notary Public for __________________(L.S.)
My commission expires:__________________

(C)   Upon presentation to the division of the material required by this section, the division is directed to mark the lien on the manufactured home satisfied.

Section 56-19-530.   The division must maintain a record of each manufactured home title certificate retired under this article, and provide written confirmation of the retirement of the title certificate to the homeowner.

Section 56-19-540.   (A)   If at the time of the filing of the Manufactured Home Affidavit for the Retirement of Title Certificate by the register of deeds or clerk of court, the manufactured home is subject to a lien reflected on the affidavit but not otherwise evidenced by a mortgage, then a separate Manufactured Home Lien Affidavit in the form prescribed by this article is also to be filed. Payment must also be made of the filing fee for affidavits provided in Section 8-21-310. Upon filing, the lien becomes a lien against the real property to which the manufactured home is affixed and is to be indexed in the name of the owner identified on the Manufactured Home Lien Affidavit as mortgagor and secured parties, as mortgagees. Any lien on the manufactured home at the time of retirement of the title certificate must be perfected and have priority in the manner provided for a lien on real property.

(B)   The Manufactured Home Lien Affidavit must be in the following form:

STATE OF SOUTH CAROLINA )

)       MANUFACTURED HOME LIEN AFFIDAVIT
COUNTY OF _________________)

(1)   Name of Owner____________________________________

(2)   Description of Manufactured Home:

Date of Manufacture: _______________

Manufacturer:_______________________

Model year:   _________________Make:   ______________

Width:   __________________   Length:__________________

Identification Number (VIN):___________________________

(3)   The above described manufactured home is subject to a security lien and all secured parties with mailing addresses are listed below:
___________________________________________________
___________________________________________________

(4)   Full legal description of new property to which manufactured home is to be affixed using metes and bounds or reference to recorded plat by book and page. (A separate sheet identified as 'Exhibit A' may be attached.)

(5)   Derivation: This being the identical or a portion of property conveyed or leased to the owner by deed or lease from ______________________________________________ and recorded ___________________ in Book _____________ at page ___________________
Tax map number______________________
Tax billing address______________________________________________

(6)   Name of owner of real property if different from owner of manufactured home.
___________________________________________________________________

(7)   The owner of the manufactured home affidavit was recorded on ____________________, in book _____________, at page __________________, in the County of _____________________.
The owner certifies that the above information provided by the owner is true and correct to the best information and belief of the owner.
Date:___________________________       ______________________________________________

Signature of Owner:

_______________________________________________

Type or print name of owner
witness:_____________________________
witness:_____________________________
STATE OF SOUTH CAROLINA)
COUNTY OF ________________)           PROBATE
Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing Affidavit and that he, together with ____________________________ witnessed the execution thereof.

_______________________________________
SWORN to before me this
_________ day of _______________
____________________________(L.S.)
Notary Public for _____________
My Commission Expires:________

Section 56-19-550.   (A)   A manufactured home for which the title certificate has been retired may be severed from real property only in accordance with the procedures prescribed in this article. Any person who removes a manufactured home for which the title certificate has been retired from the real property to which it has been affixed in a manner inconsistent with requirements of this article is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars.

(B)   If a manufactured home for which the title certificate has been retired is to be severed from the real property to which it is affixed, it is not necessary for the owner of the manufactured home to obtain a new title certificate if the manufactured home is to be affixed to real property in its new location. However, the owner shall file a Manufactured Home Severance Affidavit in the form prescribed in this article with the register of deeds or clerk of court in the county or counties from which the manufactured home is being moved and where it is to be relocated and pay a fee for the filing of affidavits provided by Section 8-21-310. No manufactured home that is to be severed may be transported without first obtaining the appropriate moving permit and a receipt indicating payment of any taxes accrued, due, or payable on the manufactured home.

(C)   The Manufactured Home Severance Affidavit must be in the following form:

STATE OF SOUTH CAROLINA   )

)   MANUFACTURED HOME SEVERANCE AFFIDAVIT
COUNTY OF______________________)
OWNERS SECTION

(1)   Name of Owner____________________________________

(2)   Description of Manufactured Home:

Date of Manufacture: _______________

Manufacturer:_______________________

Model year:   _________________Make:   ______________

Width:   __________________   Length:__________________

Identification Number (VIN), which was adopted: ___________________________

(3)   Check whichever is applicable:

_____   The above described manufactured home will be removed from its current location and will not be permanently affixed in a new location.

_____   The above described manufactured home will be removed from its current location and will be permanently affixed in a new location.

(4)   Full legal description of new property to which manufactured home is to be affixed using 'Exhibit A' may be attached.)
_________________________________________________________________________________________________________________________________________________________________________________________________________

(5)   Derivation: This being the identical or a portion of property conveyed or leased to the owner by deed or lease from ______________________________________________ and recorded ___________________ in Book _____________ at page ___________________.
Tax map number______________________
Tax billing address______________________________________________

(6)   Name of owner of real property if different from owner of manufactured home.
_______________________________________________________

(7)   The initial manufactured home affidavit was recorded on ____________________, in book ___________, at page ______________________, in the County of ______________________________.
The owner certifies that the above information provided by the owner is true and correct to the best information and belief of the owner.
Date:____________________________       __________________________________________________

Signature of Owner
witness:_____________________________
witness:______________________________     ___________________________________________________

Type or print name of Owner
STATE OF SOUTH CAROLINA)

)
COUNTY OF ________________)           PROBATE
Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing affidavit and that he, together with ____________________________ witnessed the execution thereof.

_______________________________________
SWORN to before me this
_________ day of _______________
____________________________(L.S.)
Notary Public for _____________
My Commission Expires:________
Secured Party Section

(1)   Names and mailing address of all parties with a security interest in the manufactured home:
_______________________________________________________
_______________________________________________________

(2)   Consent to sever (This section must be completed by each secured party and the signature of each must be notarized. By my (our) signature(s) affixed hereto I (we) consent to the severance of the within described manufactured home from the real property identified herein.
Date:__________________________________   ________________________________________________

Signature of secured party
Witness:________________________________   _________________________________________________

Signature of secured party
Witness:________________________________

_________________________________________________

Print or type name of secured party

_________________________________________________

Print or type name of secured party
Date:__________________________________   ________________________________________________

Signature of secured party
Witness:________________________________   _________________________________________________

Signature of secured party
Witness:________________________________

_________________________________________________

Print or type name of secured party

_________________________________________________

Print or type name of secured party
STATE OF SOUTH CAROLINA)
COUNTY OF _________________)           PROBATE
Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing consent to sever and that he, together with ____________________________ witnessed the execution thereof.

SWORN to before me this
_________ day of _______________
____________________________(L.S.)
Notary Public for _____________
My Commission Expires:________
STATE OF SOUTH CAROLINA)
COUNTY OF _________________)           PROBATE
Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing consent to sever and that he, together with ____________________________ witnessed the execution thereof.
SWORN to before me this
_________ day of _______________
____________________________(L.S.)
Notary Public for _____________
My Commission Expires:________

(D)   If the manufactured home will not be affixed to real property, it is necessary for the owner of the manufactured home to obtain a new title certificate from the division by filing with the division an application for title on the form prescribed by the division, by paying the fee established by Section 56-19-420, and by furnishing a stamped, clocked copy of the Manufactured Home Severance Affidavit which must contain an affidavit executed by a licensed South Carolina attorney identifying in the order of their priority any secured party having a security interest in the real property. Liens reflected on the Manufactured Home Severance Affidavit must be reflected on the title certificate in order of their priority.

(E)   The attorney's affidavit required by subsection (D) must be in the following form:
STATE OF SOUTH CAROLINA)

)     ATTORNEY AFFIDAVIT OF
COUNTY OF ________________ )     SECURITY INTERESTS OF RECORD

The undersigned on oath, being duly sworn, hereby certifies as follows:

(1)   The undersigned is a licensed attorney admitted to practice in the State of South Carolina.

(2)   The undersigned has conducted an examination of the real property records in the office of the Register of Deeds or Clerk of Court in the county of ____________________, and states that the following security interests listed below in their order of priority are recorded and in the undersigned's opinion are perfected as to the manufactured home identified in the attached Severance Affidavit. The parties are listed by name and address in order of priority of security interest:
Date:____________________________________     _________________________________________

Signature of attorney

___________________________________________

Printed name of attorney and Bar Number

__________________________________________

Street address

___________________________________________

City, State, Zip Code
Witness:_____________________________________
Witness:_____________________________________
STATE OF SOUTH CAROLINA)
COUNTY OF _________________)           PROBATE
Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing Affidavit and that he, together with ____________________________ witnessed the execution thereof.

_______________________________________
SWORN to before me this
_________ day of _______________
____________________________(L.S.)
Notary Public for _____________
My Commission Expires:________

(F)   If a manufactured home which is to be severed from real property is subject to a lien or mortgage, the manufactured home may not be severed without the notarized, written consent of the lienholder to the severance and the discharge or release of the lien or mortgage as to the manufactured home as provided by law.

(G)   Notwithstanding the provisions of this article, the security interest in a manufactured home in which the title certificate has been retired shall continue notwithstanding any relocation unless the lien on the manufactured home has been satisfied of record as required by law as to the satisfaction of liens or the lender indicates consent to the relocation on the Severance Affidavit provided for in subsection (C) and the owner files the affidavit with the register of deeds or clerk of court with whom the Manufactured Home Affidavit for Retirement of title certificate is filed.

(H)   A copy of the application for a new title certificate along with the Manufactured Home Severance Affidavit required by this article must also be filed in the office of the register of deeds or clerk of court for the county in which is located the real property from which the manufactured home is severed together with payment of the fee for the filing of affidavits provided by Section 8-21-310."
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.

The following Bill was taken up:

S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes and Setzler: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.

Rep. LOFTIS 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.

The following Bill was taken up:

S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.

Rep. BOWERS 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.

The following Bill was taken up:

H. 4025 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXATION, SO AS TO TAX ONLY THE TAXABLE PORTION OF THE GROSS PROCEEDS FROM A TELECOMMUNICATIONS BUNDLED TRANSACTION.

Rep. BOWERS 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.

The following Bill was taken up:

S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22185HTC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1. A.   Article 37, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-5090.   (A)   Each taxpayer required to file a state individual income tax return may contribute to the South Carolina Law Enforcement Assistance Program (SCLEAP) by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated. These contributions must be credited to a separate fund in the State Treasury styled the South Carolina Law Enforcement Assistance Program Fund and used by the State Law Enforcement Division only for the SCLEAP program as provided in Section 23-3-65. Revenues in the fund carry forward into succeeding fiscal years and earnings of the fund must be credited to it.

(B)   All South Carolina individual income tax return forms must contain a designation for the above contribution. The instructions accompanying the income tax form must contain a description of the purposes for which the SCLEAP Fund is established and the use of the monies from the contributions.

(C)   The department shall determine and report annually to the fund the total amount of contributions designated. The department shall transfer the appropriate amount to the fund at the earliest possible time. The incremental cost of administration of the contribution must be paid out of the contributions before any fund revenues are expended as provided in this section.

(D)   For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."
B.   Article 37, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-5085.   (A)   Each taxpayer required to file a state individual income tax return may contribute to the South Carolina Litter Control Enforcement Program (SCLCEP) by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated. These contributions must be credited to a separate fund in the State Treasury styled the South Carolina Litter Control Enforcement Program Fund and used by the Governor's Task Force on Litter only for the SCLCEP program. Revenues in the fund carry forward into succeeding fiscal years and earnings of the fund must be credited to it.

(B)   All South Carolina individual income tax return forms must contain a designation for the above contribution. The instructions accompanying the income tax form must contain a description of the purposes for which the SCLCEP Fund is established and the use of the monies from the contributions.

(C)   The department shall determine and report annually to the fund the total amount of contributions designated. The department shall transfer the appropriate amount to the fund at the earliest possible time. The incremental cost of administration of the contribution must be paid out of the contributions before any fund revenues are expended as provided in this section.

(D)   For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."
C.   This section takes effect upon approval of this act by the Governor and first applies for individual income tax returns filed for taxable year 2003. /
SECTION   2.   Section 8-17-370 of the 1976 Code, as last amended by Act 356 of 2002, is further amended by adding a new item appropriately numbered to read:
/   "( )   employees of the Offices of the Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, Comptroller General, Superintendent of Education, Adjutant General, and the Commissioner of Agriculture are exempt from the provisions of Article 5, Chapter 17, Title 8 if those employees report directly to a constitutional officer or report directly to a person who reports directly to a constitutional officer. Additionally, management employees of the Department of Alcohol and Other Drug Abuse Services, the Department of Commerce, the Department of Corrections, the Department of Health and Human Services, the Department of Insurance, the Department of Juvenile Justice, the Department of Labor, Licensing and Regulation, the Department of Parks, Recreation and Tourism, the Department of Probation, Parole and Pardon Services, the Department of Revenue, the Department of Social Services, the State Law Enforcement Division, and the Department of Public Safety are exempt from the provisions of Article 5, Chapter 17, Title 8 if those employees report directly to the agency head or report directly to a person who reports directly to the agency head."
SECTION   3.   Except as otherwise provided in this act, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Reps. HARRELL and YOUNG proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20632SD03), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION   ____.   Chapter 21 of Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2725.   Beginning July 1, 2003, the Department of Revenue is authorized to assess an additional fee of fifty dollars on each Class Two coin operated machine license authorized in Section 12-21-2720. The funds shall be collected by the Department of Revenue and sent to the State Law Enforcement Division to offset the cost of video gaming enforcement. The State Law Enforcement Division is authorized to retain, expend, and carry forward these funds." /
Renumber sections to conform.
Amend title to conform.

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

Rep. MCGEE explained the Bill.

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

The following Bill was taken up:

H. 4048 (Word version) -- Reps. J. R. Smith, Scarborough, Neilson, Cotty, Anthony, Bailey, Barfield, Cato, Ceips, Clark, Clemmons, Coates, Cooper, Davenport, Duncan, Edge, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hinson, Huggins, Keegan, Leach, Limehouse, Loftis, Lucas, McGee, Owens, Perry, Pinson, E. H. Pitts, Quinn, Rice, Sandifer, Simrill, Sinclair, Skelton, D. C. Smith, W. D. Smith, Stewart, Talley, Thompson, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Wilkins, Witherspoon, Young, Merrill, G. M. Smith, Chellis, Bingham, Bowers, Herbkersman and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTABLE RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2004.

Rep. WALKER 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.

The following Bill was taken up:

H. 3489 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-925 SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK OR BY OTHER SPECIFIED METHODS; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO FURTHER PROVIDE FOR THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS IN MINIBOTTLES OR BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AS WELL AS IN MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO AMEND SECTION 61-12-10, AS AMENDED, RELATING TO THE DISTRIBUTION OF CERTAIN REVENUE FOR ALCOHOL AND DRUG PROGRAMS, SO AS TO REVISE A REFERENCE NECESSITATED BY THE ABOVE PROVISIONS; AND TO REPEAL SECTION 12-33-245 RELATING TO THE TWENTY-FIVE CENTS EXCISE TAX ON MINIBOTTLES.

Rep. KIRSH 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.

The following Bill was taken up:

H. 3612 (Word version) -- Reps. Littlejohn, Bailey, Cotty, Anthony, Whipper, Mahaffey, R. Brown, J. H. Neal, Rutherford, Frye, Bales, Bowers, G. Brown, J. Brown, Cobb-Hunter, Dantzler, Freeman, Gourdine, Harvin, Hayes, Ott, Clark, Herbkersman, Lee, E. H. Pitts, Martin, McCraw, Moody-Lawrence, Neilson, Phillips, Rhoad, Rivers, Scott, F. N. Smith, Snow, Stille, Townsend and Umphlett: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

Rep. KIRSH 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.

The following Joint Resolution was taken up:

S. 581 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO NAME THE NEW NATIONAL GUARD ARMORY LOCATED ON THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS THE "DARWIN H. SIMPSON UNIVERSITY READINESS CENTER" IN RECOGNITION OF MAJOR GENERAL SIMPSON'S PASSIONATE PURSUIT AND TIRELESS EFFORTS IN THE CREATION, FUNDING, AND IMPLEMENTATION OF THIS IMPORTANT NATIONAL GUARD ARMORY.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11754AC03), which was adopted:
Amend the joint resolution, as and if amended, by deleting SECTION 1. A. and inserting:
/A.   The National Guard Administrative Complex of the National Guard Armory located on the University of South Carolina-Spartanburg Campus is dedicated in honor of Major General "Darwin H. Simpson" in recognition of Major General Simpson's passionate pursuit and tireless efforts in the creation, funding, and implementation of this important National Guard Armory./
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

H. 3739 (Word version) -- Reps. Ceips, Whipper, M. A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J. M. Neal, Phillips, Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5485CM03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-3910.   (A)   The operator of a motor vehicle equipped with interior lights, when stopped by a law enforcement officer from a half hour after sunset to a half hour before sunrise, must, upon request of the officer:

(1)   activate the vehicle's interior lights; and

(2)   open the vehicle's front window.

(B)   A person who willfully violates this provision must be fined twenty-five dollars. A violation of this provision does not constitute a criminal offense, and must not be included in the person's motor vehicle records."
SECTION   2.   This act takes effect six months after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. LOURIE explained the amendment.

Rep. RUTHERFORD 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.

The Veto on the following Act was taken up:

(R76) 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.

Rep. J. E. SMITH moved to adjourn debate on the veto.

Rep. YOUNG moved to table the motion to adjourn debate on the Veto, which was agreed to.

Rep. HINSON spoke against the Veto.

Rep. OTT spoke upon the Veto.

Rep. YOUNG spoke against the Veto.

Rep. MARTIN spoke in favor of the Veto.

Rep. COBB-HUNTER spoke in favor of the Veto.

Rep. COBB-HUNTER continued speaking.

Rep. COBB-HUNTER continued speaking.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of the Veto.

The Senate returned to the House with concurrence the following:

H. 4225 (Word version) -- Reps. Ceips, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, 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, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE MOST HEARTFELT APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE SERVICE MEMBERS OF MARINE WING SUPPORT SQUADRON 273, MARINE AIR CONTROL SQUADRON 2 DETACHMENT, COMBAT SERVICE SUPPORT DETACHMENT 23, MARINE FIGHTER ATTACK SQUADRON 115, MARINE FIGHTER ATTACK SQUADRON 251, MARINE ALL WEATHER FIGHTER ATTACK SQUADRON 533, AND MARINE AVIATION LOGISTICS SQUADRON 31 AND TO THE MARINES FROM MARINE AIRCRAFT GROUP 31 HEADQUARTERS AND THE SAILORS FROM THE BRANCH MEDICAL AND DENTAL CLINICS FOR THEIR COURAGE AND PATRIOTISM IN DEFENDING THIS COUNTRY IN OPERATION IRAQI FREEDOM AND TO WELCOME HOME THESE BRAVE MEN AND WOMEN ON WHOM THE CITIZENS OF THIS STATE AND THIS NATION DEPEND EVERY DAY TO PROTECT THE FREEDOMS THAT WE ENJOY.

At 1:25 p.m. the House, in accordance with the motion of Rep. SCARBOROUGH, adjourned in memory of Leonard C. Fulghum III, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Wednesday, June 24, 2009 at 3:30 P.M.