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

Printed Page 2034 . . . . . Tuesday, April 1, 2003

Tuesday, April 1, 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 the day is from Psalm 138:6: "Though the Lord is on high, He looks upon the lowly, but the proud he knows from afar."
Let us pray. Father, You know our intentions. Grant us the desire to do what is right and the faith to accomplish it. Grant us humility to turn from error and gratitude to be filled with thanksgiving. Lord of life, plant a pleasant disposition within us. Set us aglow with Your love. Fill us with the fire of compassion. Guard and protect our Armed Forces in times of danger. Continue to bless our President with wisdom. Grant our leaders the will to do Your will. These things 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.

MOTION ADOPTED

Rep. E. H. PITTS moved that when the House adjourns, it adjourn in memory of George Winfield French, Sr., which was agreed to.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 17, 2003
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

Printed Page 2035 . . . . . Tuesday, April 1, 2003
LOCAL APPOINTMENT

Horry County Master-in-Equity
Term Commencing: July 31, 1997
Term Expiring: July 31, 2003
Seat: Master-in-Equity
Vice:

Initial Appointment
The Honorable James Stanton Cross, Jr.
Post Office Box 1236
Conway, South Carolina 29528
803-248-1287, Fax 803-248-1812

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 17, 2003
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

Beaufort County Master-in-Equity
Term Commencing: February 28, 2003
Term Expiring: June 6, 2003
Seat: Master-in-Equity
Vice: Thomas Kemmerlin

Printed Page 2036 . . . . . Tuesday, April 1, 2003
Initial Appointment
Mr. Curtis L. Coltrane
10 Walter Thrush Place
Hilton Head, South Carolina 29926

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 17, 2003
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

Calhoun County Master-in-Equity
Term Commencing: August 14, 1997
Term Expiring: August 14, 2003
Seat: Master-in-Equity

Initial Appointment
The Honorable Thomas P. Culclasure
Post Office Box 183
St. Matthews, South Carolina 29135
803-874-4303

Respectfully,
Mark Sanford
Governor

Printed Page 2037 . . . . . Tuesday, April 1, 2003
The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 17, 2003
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

Spartanburg County Master-in-Equity
Term Commencing: June 30, 2003
Term Expiring: June 30, 2003
Seat: Master-in-Equity
Vice:

Initial Appointment
The Honorable Roger L. Couch
Post Office Box 5666
Spartanburg, South Carolina 29301
864-596-2501

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

Printed Page 2038 . . . . . Tuesday, April 1, 2003

INVITATIONS

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

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

Dear Chairman Leach:
On behalf of the South Carolina Speech and Hearing Association the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, May 1, 2003, from 8:30 a.m. until 10:00 a.m.
Sincerely,
Melanie Anderson, President

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

Dear Chairman Leach:
On behalf of the South Carolina Plastics Industry, the Society of the Plastics Industry, Inc. (SPI), and the American Plastics Council the Members of the House of Representatives are invited to a reception. This event will be held at the Capital City Club on Tuesday, May 6, 2003, from 6:00 p.m. until 7:30 p.m.
Sincerely,
Pamela Rastatter

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

Printed Page 2039 . . . . . Tuesday, April 1, 2003
Dear Chairman Leach:
On behalf of the Palmetto AgriBusiness Council the Members of the House of Representatives are invited to a piano concert and reception. This event will be held at the State Museum on Wednesday, May 7, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Cathy Novinger
Executive Director

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

Dear Chairman Leach:
On behalf of Blue Cross and Blue Shield of South Carolina the Members of the House of Representatives and their staff are invited to the Legislative Softball Game and Picnic. This event will be held at the Capital City Bombers Stadium on Tuesday, May 13, 2003, at 6:30 p.m.
Sincerely,
M. Edward Sellers

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

Dear Chairman Leach:
On behalf of the American Heart Association the Members of the House of Representatives and their staff are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Wednesday, May 14, 2003, from 8:00 a.m. until 10:30 a.m.
Sincerely,
Camilla Hertwig

March 13, 2002
The Honorable Robert W. Leach, Sr.

Printed Page 2040 . . . . . Tuesday, April 1, 2003
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of Triad Hospitals, Inc. the Members of the House of Representatives are invited to a reception. This event will be held at the Clarion Town House Hotel on Wednesday, May 14, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
James F. O'Loughlin
Chief Executive Officer

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

Dear Chairman Leach:
On behalf of the South Carolina School Food Service Association the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, May 15, 2003, from 8:30 a.m. until 10:00 a.m.
Sincerely,
Melissa K. Dorland, Chair
Legislative Committee

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

Dear Chairman Leach:
On behalf of the South Carolina Poultry Association the Members of the House of Representatives are invited to a breakfast. This event will

Printed Page 2041 . . . . . Tuesday, April 1, 2003
be held at the Clarion Town House on Thursday, May 22, 2003, from 8:00 a.m. until 10:00 a.m.
Sincerely,
Tony Barwick
Chairman

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2712
Agency: Department of Social Services
Statutory Authority: 1976 Code Section 20-7-2250
Residential Group Care Organizations for Children
Received by Speaker of the House of Representatives
April 23, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Withdrawn and Resubmitted February 08, 2002

HOUSE RESOLUTION

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

H. 3892 (Word version) -- Reps. Jennings and Neilson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO 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 ON WEDNESDAY, APRIL 23, 2003, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the winners of the 2003 Jean Laney Harris Folk Heritage Awards and the Advisory Committee on Wednesday, April 23, 2003, at 12:00 noon or a time to be determined by the Speaker, for the purpose of recognizing and congratulating the

Printed Page 2042 . . . . . Tuesday, April 1, 2003
winners for their outstanding contributions to Folk Art in South Carolina.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3893 (Word version) -- Reps. Taylor and Duncan: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO COACH ED PRESCOTT OF LAURENS ON HIS NUMEROUS ACCOMPLISHMENTS DURING HIS BASEBALL COACHING CAREER, INCLUDING MOST RECENTLY CAPTURING HIS 400TH CAREER WIN.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

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.

Whereas, in 1987, the General Assembly created the South Carolina Folk Heritage Awards, recently renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty

Printed Page 2043 . . . . . Tuesday, April 1, 2003
and meaning for their communities and for their State in ways that are significant because their work has lasted often for hundreds of years; and

Whereas, the winners of the 2003 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 2003 Jean Laney Harris Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,

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

That the members of the General Assembly invite 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 at 12:00 noon on Wednesday, April 23, 2003, or a time mutually convenient for both bodies, as determined by the Speaker of the House and the President Pro Tempore of the Senate, and that the members of the General Assembly recognize and commend the 2003 Jean Laney Harris Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.

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

HOUSE RESOLUTION

The following was introduced:

H. 3895 (Word version) -- Reps. Weeks, G. M. 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,

Printed Page 2044 . . . . . Tuesday, April 1, 2003
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, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO CRESTWOOD HIGH SCHOOL SENIOR MADISON SCRIVEN OF SUMTER FOR HIS DEDICATION TO HELPING OTHERS AND TO CONGRATULATE HIM ON RECEIVING THE SALVATION ARMY BOYS AND GIRLS CLUB YOUTH OF THE YEAR AWARD FOR NORTH AND SOUTH CAROLINA, ALLOWING HIM TO COMPETE FOR THE BOYS AND GIRLS CLUB OF AMERICA YOUTH OF THE YEAR AWARD.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3896 (Word version) -- Reps. Weeks and G. M. Smith: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO DR. J. FRANK BAKER OF SUMTER ON RECEIVING THE AWARD OF ADMINISTRATOR OF THE YEAR ON MARCH 22, 2003.

The Resolution was adopted.

Printed Page 2045 . . . . . Tuesday, April 1, 2003

HOUSE RESOLUTION

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

H. 3897 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LEE CENTRAL HIGH SCHOOL "LADY STALLIONS" GIRLS BASKETBALL TEAM, ITS COACHING STAFF, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2003 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 Lee Central High School "Lady Stallions" Girls Basketball Team, its coaching staff, and other school officials at a date and time to be determined by the Speaker, for the purpose of being recognized for winning the 2003 Class AA State Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

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.

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

Printed Page 2046 . . . . . Tuesday, April 1, 2003

CONCURRENT RESOLUTION

The Senate sent to the House the following:

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.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 3899 (Word version) -- Reps. Harrell, Wilkins, Altman, Bailey, Bales, Battle, Bingham, Cato, Ceips, Clark, Cooper, Cotty, Dantzler, Duncan, Edge, Gilham, Harrison, Haskins, Herbkersman, Huggins, Jennings, Keegan, Leach, Limehouse, Littlejohn, Loftis, Mahaffey, McCraw, Perry, Quinn, Rhoad, Rice, Sandifer, Skelton, D. C. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Talley, Thompson, Tripp, Trotter, Umphlett, Vaughn, White, Whitmire and Witherspoon: A BILL TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY RESTRUCTURING AND INFRASTRUCTURE ACT OF 2003; TO AMEND SECTIONS 59-103-5, 59-103-10, AS AMENDED, 59-103-15, AS AMENDED, 59-103-20, AS AMENDED, 59-103-25, 59-103-30, 59-103-35, AS AMENDED, 59-103-36, 59-103-40, 59-103-45, AS AMENDED, 59-103-60, AS AMENDED, 59-103-65, 59-103-70, 59-103-90, AS AMENDED, 59-103-130, 59-103-140, 59-103-150, 59-103-160, 59-103-165, 59-103-170, 59-103-180, 59-103-190, 59-103-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO DEFINE CERTAIN TERMS, CHANGE THE COMPOSITION OF THE COMMISSION TO DELETE REPRESENTATIVES OF THE RESEARCH

Printed Page 2047 . . . . . Tuesday, April 1, 2003
UNIVERSITIES FROM THE COMMISSION, PROVIDE WHEN RESEARCH UNIVERSITIES ARE SUBJECT TO THE PROVISIONS OF THIS CHAPTER, AND MAKE OTHER TECHNICAL CHANGES; BY ADDING SECTION 59-103-210, SO AS TO EXEMPT RESEARCH UNIVERSITIES FROM THE PROVISIONS OF CHAPTER 103, TITLE 59 AND THE COUNCIL OF THE COMMISSION ON HIGHER EDUCATION UNLESS EXPRESSLY STATED IN THE CHAPTER; BY ADDING SECTION 59-103-220 SO AS TO DIRECT THE COMMISSION ON HIGHER EDUCATION, THE RESEARCH OVERSIGHT COUNCIL, PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER LEARNING, AND RESEARCH UNIVERSITIES TO WORK TOGETHER TO IMPROVE SERVICE AND EDUCATION; BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO CREATE THE SOUTH CAROLINA RESEARCH OVERSIGHT COUNCIL, DEFINE CERTAIN TERMS, PROVIDE FOR THE MEMBERSHIP OF THE COUNCIL, SET FORTH THE COUNCIL'S MISSION, GOALS, POWERS, DUTIES, AND RESPONSIBILITIES, PROVIDE FOR THE COUNCIL'S COLLECTION OF DATA AND THE MEASURE OF PERFORMANCE FOR RESEARCH UNIVERSITIES, PROVIDE FOR THE PREPARATION OF A BUDGET FOR RESEARCH UNIVERSITIES, SET FORTH THE RESPONSIBILITY OF THE RESEARCH OVERSIGHT COUNCIL TO MAKE RECOMMENDATIONS REGARDING RESEARCH UNIVERSITIES, PROVIDE FUNDING FOR THE COUNCIL, PROVIDE AN EXECUTIVE DIRECTOR AND STAFF FOR THE COUNCIL, PROVIDE FOR THE CREATION OF COMMITTEES, PROVIDE FOR THE APPROVAL OF NEW FACILITIES WITH RESPECT TO RESEARCH UNIVERSITIES, PROVIDE FOR EXPENDITURE OF NONSTATE FUNDS AND THE USE OF FEE WAIVERS, PROVIDE RESEARCH GRANT POSITIONS PURSUANT TO CERTAIN CONDITIONS AND CERTAIN FUNDING SOURCES; TO AMEND SECTION 2-75-10 AND SECTION 2-75-70, BOTH RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO CONFORM ACTIVITIES OF THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD WITH THE DUTIES AND POWERS OF THE RESEARCH OVERSIGHT COUNCIL; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION OF A FACILITY ON LAND
Printed Page 2048 . . . . . Tuesday, April 1, 2003
OWNED OR OCCUPIED BY A RESEARCH UNIVERSITY IS EXEMPT FROM THE PROCUREMENT CODE PROVIDED CERTAIN CONDITIONS ARE MET; TO AMEND SECTIONS 59-118-30, AS AMENDED, 59-118-60, 59-118-70, 59-118-80, 59-118-90, 59-118-100, ALL RELATING TO THE SOUTH CAROLINA ACADEMIC ENDOWMENT ACT, AND TO ADD SECTIONS 59-118-75, 59-118-95, AND 59-118-105 SO AS TO DEFINE "RESEARCH UNIVERSITY" AND PROVIDE THAT THE PORTION OF STATE MATCHING FUNDS THAT ARE CURRENTLY AVAILABLE TO RESEARCH UNIVERSITIES WILL BE ADMINISTERED BY THE RESEARCH OVERSIGHT COUNCIL; BY ADDING CHAPTER 51 TO TITLE 11 SO AS TO ENACT THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT AND RESEARCH UNIVERSITY BOND ACT, DEFINE CERTAIN TERMS, PROVIDE FOR THE ISSUANCE AND SALE OF BONDS PURSUANT TO CERTAIN CONDITIONS, PROVIDE FOR NOTIFICATION TO THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD, PROVIDE FOR EXPIRATION OF THE RIGHT TO ISSUE BONDS, PROVIDE FOR AN AUTHORIZING RESOLUTION TO ISSUE THE BONDS, PROVIDE FOR MATURITY OF THE BONDS, PROVIDE FOR TAX EXEMPT STATUS OF THE BONDS, PROVIDE FOR PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS, PROVIDE FOR PURCHASE OF BONDS, PROVIDE FOR EXPENDITURE OF PROCEEDS OF THE BONDS; AND TO REPEAL CHAPTER 41 OF TITLE 11 RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT.
Referred to Committee on Ways and Means

H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Mahaffey, Perry, M. A. Pitts, Richardson, Sandifer, Simrill, Skelton, J. R. Smith, Snow, Trotter, Umphlett, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE

Printed Page 2049 . . . . . Tuesday, April 1, 2003
KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND PROVIDE FOR ITS USES, AND TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, AS ESTABLISHED IN CHAPTER 44, TITLE 41 OF THE 1976 CODE, ARE TRANSFERRED TO THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND WITHIN THE SOUTH CAROLINA VENTURE CAPITAL FUND; AND TO REPEAL CHAPTER 44, TITLE 41 RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP.
Referred to Committee on Ways and Means

H. 3901 (Word version) -- Reps. Thompson, Cato, Martin, Trotter and White: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND SALESMEN.
Referred to Committee on Labor, Commerce and Industry

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

Printed Page 2050 . . . . . Tuesday, April 1, 2003
AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS.
On motion of Rep. DUNCAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3903 (Word version) -- Reps. Limehouse, Rutherford, Vaughn, Whipper, Scott, J. Brown, Cato, Edge, Hagood, Hamilton, Haskins, Leach, Sheheen, J. E. Smith, J. R. Smith, W. D. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
Referred to Committee on Ways and Means

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.
On motion of Rep. KEEGAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

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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
Printed Page 2052 . . . . . Tuesday, April 1, 2003
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.
On motion of Rep. CATO, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 521 (Word version) -- Senator Knotts: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
Referred to Lexington Delegation

CONCURRENT RESOLUTION

The following was introduced:

H. 3904 (Word version) -- Reps. Tripp, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown,

Printed Page 2053 . . . . . Tuesday, April 1, 2003
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.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

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.

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

Printed Page 2054 . . . . . Tuesday, April 1, 2003

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 510 (Word version) -- Senators Glover, Jackson, Ford, Anderson, Matthews and Pinckney: A CONCURRENT RESOLUTION TO ERECT A HISTORICAL MARKER IN LAKE CITY AS A MEMORIAL TO FRAZIER B. BAKER, POSTMASTER OF LAKE CITY IN 1898, WHO WAS A VICTIM OF A MOB LYNCHING, WHICH RESULTED IN THE UNTIMELY DEATH OF MR. BAKER AND HIS TWO-YEAR-OLD DAUGHTER, JULIA BAKER.

Whereas, in the nineteenth and twentieth centuries in this country, lynching was used as a way of denying African Americans their civil rights; and

Whereas, between the years 1880 and 1947, one hundred eighty-six people were lynched in South Carolina, all but eight of whom were black; and

Whereas, lynching not only meant hanging but it also encompassed the taking of an individual's life by a mob in a variety of ways, including shooting, burning, and mutilating; and

Whereas, Frazier B. Baker, in 1898, was appointed Postmaster of Lake City, South Carolina, by the federal government; and

Whereas, some white residents of Lake City were particularly unhappy with this appointment and burned down the post office in protest as a warning to Mr. Baker; and

Whereas, despite the worry that he had for the safety of his family and himself, Mr. Baker courageously kept his position and became a role model for many African American residents of the town of Lake City; and

Whereas, on February 22, 1898, at about one o'clock in the morning, Frazier B. Baker's home in Lake City, which adjoined the post office at the time, was set ablaze by a mob of white citizens of the county, who were upset because of Mr. Baker's unwillingness to see himself as inferior because of his race; and

Printed Page 2055 . . . . . Tuesday, April 1, 2003
Whereas, on that February morning, Mr. Baker attempted to escape the flames with his wife and their six children, but they were stopped by a mob, which stood outside the doors of their home and fired guns at them; and

Whereas, while Mrs. Lavinia Baker and the couple's five oldest children luckily survived the fire and the bullets, Mr. Baker and two-year-old daughter, Julia, fell victim to the violent individuals who surrounded them; and

Whereas, this tragic event and the loss of an influential South Carolinian should be memorialized by the people of this State. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, wish to have a historical marker erected in Lake City as a memorial to Frazier B. Baker, Postmaster of Lake City in 1898, who was a victim of a mob lynching, which resulted in the untimely death of Mr. Baker and his two-year-old daughter, Julia Baker, and urge local officials and citizens to study the feasibility of establishing this marker.

Be it further resolved that this resolution be forwarded to the public officials of Lake City.

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

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               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Printed Page 2056 . . . . . Tuesday, April 1, 2003

Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Howard                 Huggins                Jennings
Keegan                 Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Ott                    Owens
Parks                  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            Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 1.

J.J. "Bubber" Snow                Skipper Perry
Todd Rutherford                   Seth Whipper
Joseph Neal                       Lonnie Hosey
Alex Harvin                       Kenneth Kennedy

Total Present--121

Printed Page 2057 . . . . . Tuesday, April 1, 2003

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. James R. Pruitt of Seneca is the Doctor of the Day for the General Assembly.

CO-SPONSOR 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. 3616 (Word version)
Date:   ADD:
04/01/03   TOOLE

H. 3191--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3191 (Word version) -- Reps. Barfield and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO AUTHORIZE AN INDIVIDUAL TO RECEIVE ALTERNATIVE, COMPLEMENTARY, EXPERIMENTAL, OR NONCONVENTIONAL MEDICAL TREATMENT FOR A LIFE THREATENING OR CHRONICALLY

Printed Page 2058 . . . . . Tuesday, April 1, 2003
DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT, AND TO PROVIDE THAT THIRD PARTY REIMBURSEMENT IS NOT REQUIRED FOR TREATMENT RENDERED PURSUANT TO THIS ACT.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\11329AC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   This act may be cited as the "Access to Medical Treatment Act".
SECTION   2.   Section 40-47-5 of the 1976 Code is amended to read:

"Section 40-47-5.   As used in this chapter, 'physician' or 'surgeon' shall mean means a doctor of medicine or doctor of osteopathic medicine licensed or otherwise permitted to practice in accordance with this chapter. Notwithstanding any other provision of law, a person may not use the term 'physician', 'medical doctor', 'doctor of medicine', 'surgeon', or 'doctor of osteopathic medicine' in connection with the practice of any healing art or medical treatment if the person is not licensed or otherwise permitted to practice medicine under the provisions of this chapter."
SECTION   3.   Section 40-31-10 of the 1976 Code is amended to read:

"Section 40-31-10.   It shall be is unlawful for any a person, whether heretofore licensed or not under the laws of this or any other state, to practice naturopathy in this State. The provisions of this chapter do not apply to physicians and surgeons licensed pursuant to Chapter 47, Title 40."
SECTION   4.   Section 40-31-20 of the 1976 Code is amended to read:

"Section 40-31-20.   Any A person violating the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor felony and must be fined not exceeding five hundred not more then ten thousand dollars or be imprisoned for a period of not exceeding one year not more than five years, or both, in the discretion of the court. Each violation constitutes a separate offense. The provisions of this chapter

Printed Page 2059 . . . . . Tuesday, April 1, 2003
apply to a corporation, association, or person aiding or abetting in a violation of this chapter."
SECTION   5.   Section 40-47-260 of the 1976 Code is amended to read:

"Section 40-47-260.   It shall be is unlawful for any a person in this State to practice medicine or osteopathy, within the meaning of this article chapter, in violation of the provisions of this article, and anyone violating any provisions thereof shall a person who violates a provision of this article is guilty of a felony and, upon conviction by any court of competent jurisdiction, must be fined not more than one ten thousand dollars or imprisoned for a period of not more than two five years, or both, in the discretion of the court. Each violation shall constitute constitutes a separate offense. The provisions of this section shall apply to any a corporation, association, or person aiding or abetting in any violation of this article."
SECTION   6.   Article 1, Chapter 47, Title 40 of the 1976 Code is amended by adding:

"Section 40-47-280.   (A)   For purposes of this section:

(1)   'Treating physician' means a physician licensed to practice medicine under this chapter.

(2)   'Life threatening' means any disease or condition that will, with reasonable medical certainty, lead to or contribute to death even if treated.

(B)   Notwithstanding any other provision of law, and except as provided in this chapter, an individual may be treated by a treating physician for any illness or disease which is life-threatening with any alternative, complementary, experimental, or nonconventional medical treatment that the individual desires or the legal representative of the individual authorizes, if the treating physician has personally examined the individual and agrees to treat the individual.

(C)   A treating physician may provide alternative medical treatment, as defined in this section, to an individual with a life threatening disease or condition, as defined in subsection (A), if:

(1)   there is no reasonable medical basis to conclude that the proposed medical treatment, when used as directed, poses an unreasonable and significant risk of medical harm to the individual; and

(2)   before initiating treatment, the treating physician has obtained from the patient written, informed consent which includes a statement explaining:

Printed Page 2060 . . . . . Tuesday, April 1, 2003

(a)   that the treatment offered is alternative, complementary, experimental, or nonconventional;

(b)   that the drug or medical device has not been approved by the Food and Drug Administration for any indication;

(c)   any material risks generally recognized by reasonably prudent physicians of the treatment's side effects;

(d)   other available treatments;

(e)   the risks of forgoing other available treatments;

(f)   that any charges for nonconventional services or treatments are the responsibility of the patient unless specifically covered under the patient's insurance policy, proof of which must be provided to the physician;

(g)   any disclosure of financial interest or conflict of interest of the treating physician who is providing the nonconventional services or treatments.

(D)   Medical treatment in compliance with this section by a treating physician under this chapter does not by itself constitute medical negligence or misconduct. However, a physician who treats an individual pursuant to this section is held to the applicable standard of care.

(E)   This section must not be construed to require third party reimbursement for alternative, complementary, experimental, or nonconventional treatments rendered pursuant to the provisions of this section."
SECTION   7.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3333--POINT OF ORDER

The following Bill was taken up:

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,

Printed Page 2061 . . . . . Tuesday, April 1, 2003
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.

POINT OF ORDER

Rep. MARTIN 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.

ORDERED TO THIRD READING

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

H. 3868 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN ST. GEORGE, SOUTH CAROLINA, TO THE CITY OF ST. GEORGE.

H. 3869 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAMS-KINDERGARTEN OBJECTIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2746, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3870 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD

Printed Page 2062 . . . . . Tuesday, April 1, 2003
OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-READINESS TEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3871 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO MINIMUM STANDARDS FOR THE DETERMINATION OF READINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2748, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3872 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 2744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3873 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2796, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3875 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-WRITING TEXT: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED

Printed Page 2063 . . . . . Tuesday, April 1, 2003
AS REGULATION DOCUMENT NUMBER 2749, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3876 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER GRANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2779, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3877 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2768, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3878 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISPOSITION OF TEXTBOOK SAMPLES AFTER STATE ADOPTION PROCESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2745, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3879 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT

Printed Page 2064 . . . . . Tuesday, April 1, 2003
NUMBER 2795, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3880 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2799, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3874--POINT OF ORDER

The following Joint Resolution was taken up:

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.

Rep. MILLER explained the Joint Resolution.

POINT OF ORDER

Rep. HAYES 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.

(R. 2) S. 158--RECONSIDERED AND OVERRIDDEN

The motion of Rep. ALTMAN to reconsider the vote whereby the veto on the following Act was sustained was taken up and agreed to by a division vote of 14 to 0:

(R2) S. 158 (Word version) -- Senators Ravenel and Grooms: AN ACT TO CREATE THE BOARD OF ELECTIONS AND VOTER

Printed Page 2065 . . . . . Tuesday, April 1, 2003
REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.

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

Yeas 14; Nays 0

Those who voted in the affirmative are:

Altman                 Breeland               R. Brown
Chellis                Dantzler               Hagood
Harrell                Limehouse              Mack
Merrill                Miller                 Scarborough
Whipper                Young

Total--14

Those who voted in the negative are:

Total--0

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

S. 408--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. HARRISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:

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.

Printed Page 2066 . . . . . Tuesday, April 1, 2003

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3132 (Word version) from the Committee on Judiciary.
Rep. SANDIFER objected.

H. 3163--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3163 (Word version) -- Reps. Delleney and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-235 SO AS TO PROHIBIT A JUDGE, COURT, OR COURT OFFICIAL FROM APPOINTING AN ATTORNEY TO REPRESENT A PARTY IN A CIVIL ACTION UNLESS THE AUTHORITY TO MAKE THE APPOINTMENT IS PROVIDED SPECIFICALLY BY LAW.

Rep. DELLENEY explained the Senate Amendments.

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

RECURRENCE TO THE MORNING HOUR

Rep. EDGE 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:

S. 502 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION MOVE A PORTION OF THE PROJECTED "CAROLINA BAYS PARKWAY" IN HORRY COUNTY BETWEEN HIGHWAY 544 AND HIGHWAY 501 THREE HUNDRED YARDS TO THE NORTHWEST TOWARD CONWAY TO AVOID THE HUNTERS RIDGE COMMUNITY.
Ordered for consideration tomorrow.

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CONCURRENT RESOLUTION

The following was introduced:

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".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

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.
The Concurrent Resolution was ordered placed on the Calendar.

INTRODUCTION OF BILL

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

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.
Referred to Committee on Labor, Commerce and Industry

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Rep. RICE 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. 3884 (Word version) -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO COMMEND GERTRUDE PASLEY WILLIAMS OF GREELEYVILLE FOR HER OUTSTANDING SERVICE TO THE COMMUNITY AND HER COMMITMENT TO EDUCATION, AND TO WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

H. 3885 (Word version) -- Reps. Kennedy, Harvin and Snow: A CONCURRENT RESOLUTION TO CONGRATULATE THE C. E. MURRAY HIGH SCHOOL "WAR EAGLES" GIRLS BASKETBALL TEAM ON WINNING THE 2003 CLASS A STATE CHAMPIONSHIP, THEIR SCHOOL'S FIRST CHAMPIONSHIP VICTORY, TO COMMEND THEM FOR THEIR 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. 3886 (Word version) -- Reps. Kennedy, Harvin and Snow: A CONCURRENT RESOLUTION TO CONGRATULATE THE HEMINGWAY HIGH SCHOOL "TIGERS" BOYS BASKETBALL TEAM ON WINNING THE 2003 CLASS A STATE CHAMPIONSHIP, TO COMMEND THEM FOR THEIR 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. 3887 (Word version) -- Reps. Sandifer, Bailey, Kirsh, Cato, Edge, Huggins, Loftis, Stewart and Whitmire: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, APRIL 2, 2003, AS "SOUTH CAROLINA HOME BUILDER DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING PROFESSIONAL HOME BUILDERS AND HOUSING SPECIALISTS IN OUR STATE.

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ADJOURNMENT

At 1:10 p.m. the House, in accordance with the motion of Rep. E. H. PITTS, adjourned in memory of George Winfield French, Sr., to meet at 10:00 a.m. tomorrow.

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