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 Psalm 20:1:   "May the Lord answer you when you are in distress; may the name of the God of Jacob protect you."
Let us pray. Lord, You have trusted us with freedom and rescued us from many dangers in life. Be present here with us as these men and women carry out Your gifts of freedom to this State and her people. Be their guide in times of crisis. Guide, protect, and give wisdom to our leaders and protect our Armed Forces in harm's way. Hear our prayer, O God of Grace. 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. HOSEY moved that when the House adjourns, it adjourn in memory of United States Marine Corp. Sgt. George Buggs of Barnwell, cousin of Representative Hosey, who was killed in Iraq, which was agreed to.

The following was received:

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

At-large, Seat 14

James F. Hightower

Clemson University Board of Trustees

At-Large, One Seat

Greg W. Anderson

Al Berry

Pat Black, Jr.

Vernon Merchant

Bob Peeler

Jack Shuler

B. K. "Bud" Webb

Rodney Williams

Wil Lou Gray Opportunity School

At-large

Vince Rhodes

Respectfully submitted,
Rep. Olin Phillips, Chm.     Sen. Warren K.Giese
Rep. Becky Martin           Sen. Maggie Glover
Rep. Lanny F. Littlejohn     Sen. Thomas Alexander
Rep. Jesse E. Hines         Sen. Linda Short

APPEARANCES:

Representative Olin Phillips
Representative Jesse Hines

ALSO PRESENT:
Sophia Floyd

APPEARANCES:

Representative Olin Phillips
Representative Jesse Hines
Representative Lanny F. Littlejohn
Representative Becky Martin
Senator Thomas Alexander
Senator Linda Short
Senator Warren Giese

ALSO PRESENT:
Sophia Floyd

CHAIRMAN PHILLIPS: I call the committee meeting to order, the joint committee to screen candidates boards and commissions of various universities. At this time I would like to introduce you to our panel, house members and senators. To my far left is Representative Jesse Hines from Lamar and Florence Counties; and Representative Lanny Littlejohn from Spartanburg County; and on my far right is Senator Tom Alexander from Oconee; and Senator Linda Short from

Received as information.

The following was received:

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

Greenville County Master-in-Equity
Term Commencing: December 31, 1997
Term Expiring: December 31, 2003
Seat: Master-in-Equity

Reappointment
The Honorable Charles B. Simmons, Jr.
Post Office Box 2207
Greenville, South Carolina 29602-2207
864-467-8556

Respectfully,
Mark Sanford
Governor

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

The following was received:

April 4, 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.

York County Master-in-Equity
Term Commencing: February 28, 2003
Term Expiring: June 30, 2009
Seat: Master-in-Equity
Vice: J. Buford Grier

Initial Appointment
Mr. S. Jackson Kimball III
Rhinehart, Matthews, et al
Post Office Drawer 36250
Rock Hill, South Carolina 29731
803-329-4200

Respectfully,
Mark Sanford
Governor

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

The following was received:

April 4, 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.

STATEWIDE APPOINTMENT

State Ethics Commission
Term Commencing: June 30, 2003
Term Expiring: June 30, 2008

Initial Appointment
Mr. John Lewis Cannon
731 Winged Foot Drive
Aiken, South Carolina 29803

Respectfully,
Mark Sanford
Governor

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

The following was received:

April 3, 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

Charleston County Master-in-Equity
Term Commencing: June 21, 2003
Term Expiring: December 24, 2004
Seat: At-Large
Vice: Roger Young (resigned)

Initial Appointment
Mr. Mikell R. Scarborough
70 Chadwick Drive
Charleston, South Carolina 29407
843-406-1331

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

The following was received:

Columbia, S.C., April 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 341:

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

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., April 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

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

Very respectfully,
President
Received as information.

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

H. 3938 (Word version) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE

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

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

Whereas, the members of the General Assembly were deeply saddened to learn of the death of W. D. "Son" Grimsley of the Killian Community in Richland County on March 29, 2003; and

Whereas, W. D. "Son" Grimsley was a farmer, builder, politician, entrepreneur, merchant, education advocate, and the unofficial mayor of Killian; and

Whereas, he was active for years in Richland County government and was elected to the Richland County School District Two school board. He was also a member of Richland County Council for two terms in the 1970s and served on the Board of Directors of the South Carolina Association of Counties for two years. He also served as acting county administrator; and

Whereas, the members of the General Assembly, by this resolution, believe it would be a fitting tribute to this distinguished South Carolinian if the I-77 Interchange in his home community of Killian was named in his honor. Now, therefore,

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

That the members of the General Assembly hereby request the Department of Transportation to name the I-77 Interchange in the Killian Community of Richland County in honor of the late W. D. "Son" Grimsley, a distinguished community leader and public servant, and request the department to install appropriate markers or signs on the interchange so that as the public passes they will remember Mr. Grimsley's contributions to his community, county, and State.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

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

H. 3941 (Word version) -- Reps. Bowers, Lloyd and R. Brown: A JOINT RESOLUTION TO POSTPONE UNTIL PROPERTY TAX YEARS BEGINNING AFTER 2003 THE IMPLEMENTATION OF THE REVISED VALUES DETERMINED IN THE COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAM CONDUCTED IN COLLETON COUNTY IN 2001.
On motion of Rep. BOWERS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3942 (Word version) -- Reps. Bowers, Lloyd and R. Brown: A BILL TO AMEND SECTION 12-37-223A, CODE OF LAWS OF SOUTH

H. 3943 (Word version) -- Reps. Bowers, Lloyd and R. Brown: A BILL TO AMEND SECTION 12-43-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF REASSESSMENT AND EQUALIZATION REQUIRED IN A COUNTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO POSTPONE FOR NOT MORE THAN TWO PROPERTY TAX YEARS, RATHER THAN ONE PROPERTY TAX YEAR, THE IMPLEMENTATION OF REVISED VALUES RESULTING FROM THE EQUALIZATION PLAN.
Referred to Committee on Ways and Means

H. 3945 (Word version) -- Rep. G. Brown: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE SCHOOL DISTRICT OF LEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3950 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO

S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-5 SO AS TO PROVIDE DEFINITIONS, AND, AMONG OTHER THINGS, REVISE THE QUALIFICATIONS APPLICABLE TO CANDIDATES FOR THE COMMISSION, STAGGER THE TERMS OF MEMBERS OF THE COMMISSION, PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY OR

S. 542 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-33 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON DEAN SWAMP IN CLARENDON COUNTY ON THE WATERS OF LAKE MARION

S. 543 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-5-1705 OF THE 1976 CODE, RELATING TO CATCH LIMITS, TO ALLOW THE BOARD OF NATURAL RESOURCES TO ESTABLISH CATCH AND POSSESSION LIMITS FOR SALTWATER FINFISH, AND TO AMEND SECTION 50-5-1710 OF THE 1976 CODE, RELATING TO SIZE LIMITS, TO ALLOW THE BOARD OF NATURAL RESOURCES TO ESTABLISH MINIMUM SIZE LIMITS FOR SALTWATER FINFISH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

The following was introduced:

H. 3944 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO RECOGNIZE SERGEANT BILL FINCH OF THE LEXINGTON COUNTY SHERIFF'S DEPARTMENT FOR SERVICE ABOVE AND BEYOND THE CALL OF DUTY AS A LAW ENFORCEMENT OFFICER WHILE RESPONDING TO A CALL WHICH RESULTED IN HIS SUSTAINING GRIEVOUS INJURIES.

The Resolution was adopted.

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

H. 3946 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LAURENS ACADEMY "CRUSADERS" BOYS BASKETBALL TEAM AND THE TEAM'S COACH, TOMMY SPIRES, OF LAURENS, ON APRIL 10, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR COLLABORATIVE EFFORTS AND HARD WORK IN

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the Laurens Academy "Crusaders" Boys Basketball Team and the team's coach, Tommy Spires, of Laurens, on April 10, 2003, at a time to be determined by the Speaker, for the purpose of congratulating them on their collaborative efforts and hard work in capturing the 2003 SCISA Class A Boys' Basketball State Championship Title.

The Resolution was adopted.

The following was introduced:

H. 3947 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE LAURENS ACADEMY "CRUSADERS" AND THEIR COACH, TOMMY SPIRES, ON WINNING THE 2003 SCISA CLASS A BOYS BASKETBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

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

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

H. 3948 (Word version) -- Reps. Ceips and Bailey: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, OCTOBER 30, AND FRIDAY, OCTOBER 31, 2003, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON

Whereas, the South Carolina Student Legislature encourages the youth of our State to develop enthusiasm and appreciation for governmental and community issues; and

Whereas, the South Carolina Student Legislature has produced many of the great leaders throughout our State and nation. Now, therefore,

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

That the South Carolina Student Legislature is allowed the use of the House and Senate chambers on October 30 through October 31 and the Blatt Office Building on October 29, 2003, during normal business hours (8:30 a.m. to 5:00 p.m.). If the General Assembly is in statewide session on any of these days, the Senate and House chambers and the Blatt Building may not be used.

Be it further resolved that the South Carolina Student Legislature shall be granted access to and use of the respective chambers in accordance with such guidelines and requirements as the clerks of the House and Senate shall direct.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Student Legislature.

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

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

H. 3949 (Word version) -- Rep. Quinn: A HOUSE RESOLUTION TO DESIGNATE THE MONTH OF MAY 2003 AS "STROKE AWARENESS MONTH" IN THE STATE OF SOUTH CAROLINA.

Whereas, stroke is the leading cause of death and disability of adults in the United States and in South Carolina, annually causing more than 600,000 deaths nationally and approximately 3,000 deaths in South Carolina and permanently impairing more than 4.5 million people nationally; and

Whereas, stroke annually kills more women in the United States than breast cancer and the stroke death rate is greater among African Americans and senior citizens than other Americans; and

Whereas, stroke, heart disease, and related complications are major causes of hospitalization, disability, and health care costs; and

Whereas, the majority of Americans are not aware of the risks of stroke or the symptoms of an impending stroke, which may include weakening of muscles in the face, arm, or leg, especially on one side of the body; sudden confusion, impairment of speech, or incomprehension of what is being said or done; sudden impairment of vision; sudden inability to ambulate, coordinate motor functions, or maintain balance; dizziness or sudden severe headaches without any apparent cause; and

Whereas, new and effective ways of treating stroke have been developed to diminish the impairments of victims; however, much more research is needed to advance discovery of improved medical care to reduce the risk of stroke and its damaging effects; and

Whereas, risk factors for developing heart disease and stroke are widespread and include uncontrolled high blood pressure, high cholesterol, physical inactivity, obesity, smoking, atrial fibrillation, and diabetes, and nearly all can be reduced or prevented; and

Whereas, it is the public policy of this State to prevent unnecessary mortality, morbidity, cost, and needless suffering from stroke and heart disease wherever possible. Now, therefore,

Be it resolved by the House of Representatives:

The Resolution was adopted.

The following was introduced:

H. 3951 (Word version) -- Reps. E. H. Pitts, Koon, Bingham and Toole: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL SCHOLASTIC APTITUDE TEAM ON WINNING THE 2003 CLASS AAAA STATE CHAMPIONSHIP, COMMEND THEM FOR THEIR COMMITMENT TO LEARNING AND ACADEMIC EXCELLENCE, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

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

The following was introduced:

H. 3952 (Word version) -- Reps. J. Hines and M. Hines: A CONCURRENT RESOLUTION TO COMMEND MR. GERALD R. MCKAY FOR HIS OUTSTANDING SERVICE AS THE FIRST AARP MOBILE INFORMATION CENTER COORDINATOR IN SOUTH CAROLINA.

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

The following was introduced:

H. 3953 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS TO WILLIAM AND EARLENE HENDERSON OF HARTSVILLE ON THE OCCASION OF THEIR

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

The following was introduced:

H. 3954 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO CONGRATULATE THE STUDENTS, FACULTY, AND STAFF OF ANDERSON MILL ELEMENTARY SCHOOL IN MOORE FOR BEING NAMED CAROLINA FIRST PALMETTO'S FINEST AS A PREMIER ELEMENTARY SCHOOL IN THE STATE, AND TO COMMEND PRINCIPAL DEBORAH C. PHILBECK FOR THE LEADERSHIP AND DIRECTION SHE HAS PROVIDED TO THE SCHOOL.

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                 Cotty
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Lloyd

Loftis                 Lourie                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Miller
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Rivers                 Sandifer
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                  White
Whitmire               Wilkins                Witherspoon
Young

I came in after the roll call and was present for the Session on Tuesday, April 8.

Skipper Perry                     Lanny Littlejohn
David Mack                        Karl Allen
Jerry Govan                       Seth Whipper
Bessie Moody-Lawrence             Brenda Lee
Walton McLeod

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

The SPEAKER granted Rep. SCARBOROUGH a leave of absence due to a death in the family.

The SPEAKER granted Rep. RICHARDSON a leave of absence due to illness.

Rep. G. BROWN presented to the House the Lee Central High School "Lady Stallions" Girls Basketball Team, the Class AA State Champions, their coaches and other school officials.

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

Bill Number:   H. 3426 (Word version)
Date:   ADD:
04/08/03   NEILSON

Bill Number:   H. 3426 (Word version)
Date:   ADD:
04/08/03   CLARK

Bill Number:   H. 3190 (Word version)
Date:   ADD:
04/08/03   W. D. SMITH

Bill Number:   H. 3777 (Word version)
Date:   REMOVE:
04/08/03   G. M. SMITH

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

H. 3935 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, AS AMENDED, AND ACT 190 OF 1995, BOTH RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO CHANGE ITS NAME TO THE NORTH SPARTANBURG AREA FIRE AND EMERGENCY SERVICES DISTRICT.

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

Rep. LOFTIS explained the Joint Resolution.

The following Bill was taken up:

H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M. A. Pitts and Viers: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE

Rep. CLEMMONS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

The following Bill was taken up:

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

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

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

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

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

The following Concurrent Resolution was taken up:

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

Whereas, the members of the South Carolina General Assembly are proud to honor such a worthy and deserving public servant as the late Ellis Campbell MacDougall for his many contributions to this State and the nation in the area of criminal justice and prison reform; and

Whereas, Mr. Ellis MacDougall of Columbia was a well-known prison reformer in many states, serving as the President of the American Correctional Association in 1969 and receiving the E.R. Cass Correctional Achievement Award in 1979; and

Whereas, upon his death at the age of 75 on December 21, 2002, South Carolina lost one of its most influential leaders in criminal justice policies and reform; and

Whereas, Mr. MacDougall served as the director of the South Carolina Department of Corrections and was described by his colleagues as a man of compassion, vision, and wit; and

Whereas, he founded the Alston-Wilkes Society, which is a South Carolina-based non-profit organization that works with adult and juvenile offenders and their families; and

Whereas, Mr. MacDougall was a co-founder of the University of South Carolina's College of Criminal Justice and served as a professor and Associate Dean of the school for several years; and

Whereas, he was respected and greatly admired and his leadership in criminal justice and prison reformation is greatly missed in the State of South Carolina and across the country. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, request the Department of Transportation to name the interchange of Interstate 26 and S. C. Highway Number 27 at exit 187 the "Ellis MacDougall Interchange" in honor of the late Ellis Campbell Macdougall for his dedication and many contributions to the betterment of criminal justice and the advancement of prison reform and install appropriate markers or signs on the interchange so that as the public passes they will remember Mr. MacDougall's many contributions to the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

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

Rep. WALKER moved to adjourn debate upon the following Bill until Wednesday, April 9, which was adopted:

H. 3128 (Word version) -- Reps. Lourie, J. Brown, Clark, Cotty, J. H. Neal, Harrison, Govan, Gilham, Martin, Stille, Sinclair, J. E. Smith, W. D. Smith, Huggins, E. H. Pitts, Jennings, Emory, Skelton, Owens and Scott: A BILL TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PE/NALTIES FOR VIOLATIONS AND ENFORCEMENT OF THE STATE'S MANDATORY USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SEAT BELT OR A CHILD RESTRAINT SYSTEM.

Rep. ALTMAN moved to adjourn debate upon the following Bill until Wednesday, April 9, which was adopted:

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

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

The following was introduced:

H. 3955 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND THE ORGANIZERS AND PARTICIPANTS OF THE GREAT IRMO EASTER EGG HUNT TO BE HELD ON SATURDAY, APRIL 19, 2003, FOR THEIR COMMUNITY SPIRIT AND LEADERSHIP IN HOSTING OR PARTICIPATING IN THIS DELIGHTFUL EVENT.

The Resolution was adopted.

The following was introduced:

H. 3956 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO MODIFY THE FEDERAL INTERNAL REVENUE CODE TO ALLOW RETIREES TO PAY FOR HEALTH CARE COSTS ON A PRE-TAX BASIS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3957 (Word version) -- Reps. Sandifer, Harrison, Delleney, Talley and Whitmire: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.
Referred to Committee on Judiciary

H. 3958 (Word version) -- Reps. E. H. Pitts and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 23 SO AS TO SET FORTH THE SEX OFFENDER NOTIFICATION SYSTEM, DEFINE CERTAIN TERMS, REQUIRE THAT A SEX OFFENDER

H. 3959 (Word version) -- Rep. Harrison: 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 INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS IN THE DEFINITION OF FEDERAL LAW ENFORCEMENT OFFICER.
Referred to Committee on Judiciary

The following was introduced:

H. 3960 (Word version) -- Rep. Freeman: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS TO THE CHERAW HIGH SCHOOL "BRAVES" WRESTLING TEAM AND THEIR COACH, BRAD PORTER, FOR THEIR OUTSTANDING SEASON AND FOR CAPTURING THEIR FIRST STATE CHAMPIONSHIP IN A CRUSHING 62-15 VICTORY AT THE CLASS AA-A STATE CHAMPIONSHIP DUALS TITLE ON SATURDAY, FEBRUARY 15, 2003.

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

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

At 12:55 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of United States Marine Corp. Sgt. George Buggs, cousin of Representative Hosey, of Barnwell, to meet at 10:00 a.m. tomorrow.

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