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 Ezekiel 36:26: "A new heart I will give you, and a new spirit I will put within you; and I will remove from your body the heart of stone and give you a heart of flesh."
Let us pray. Almighty God, many of us have neither been reviled nor persecuted. We are blessed with the freedom to live our lives. We are blessed with the opportunity to serve. Guide us in all we do. Continue to give wisdom to our bodies and protection to our troops in harm's way. Lord, in Your mercy hear our prayer. 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 Monday, the SPEAKER ordered it confirmed.

Rep. WALKER moved that when the House adjourns, it adjourn in memory of Marine Pvt. Nolen Ryan Hutchings of Boiling Springs, who was killed in Iraq, which was agreed to.

The following was received:

April 10, 2003
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Charleston County Master-in-Equity
Term Commencing: June 21, 2003
Term Expiring: December 24, 2004

Initial Appointment
Mr. Mikell R. Scarborough
70 Chadwick Drive
Charleston, South Carolina 29407

Very respectfully,
President of the Senate
Received as information.

The following was received:

April 15, 2003
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

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
P.O. Drawer 36250
Rock Hill, South Carolina 29371

Very respectfully,
President of the Senate
Received as information.

The following was received:

April 16, 2003
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

LOCAL APPOINTMENT--TERM AMENDED

Beaufort County Master-in-Equity
Term Commencing: July 1, 2003
Term Expiring: June 6, 2009
Seat: Master-in-Equity
Vice: Thomas Kemmerlin

Initial Appointment
The Honorable Curtis L. Coltrane
10 Water Thrush Place
Hilton Head Island, South Carolina 29926
843-842-5500

Very respectfully,
President of the Senate
Received as information.

The following was received:

April 15, 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--TERM AMENDED

Beaufort County Master-in-Equity
Term Commencing: July 1, 2003
Term Expiring: June 6, 2009
Seat: Master-in-Equity

Respectfully,
Mark Sanford
Governor

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

The following was received:

April 16, 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

Horry County Master-in-Equity
Term Commencing: July 31, 2003
Term Expiring: July 31, 2009
Seat: Master-in-Equity

Reappointment
The Honorable James Stanton Cross, Jr.
Post Office Box 1236
Conway, South Carolina 29528

Respectfully,
Mark Sanford
Governor

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

Document No. 2830
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-1-140(11)
Development of Subdivision Water Supply and Sewage
Treatment/Disposal Systems
Received by Speaker of the House of Representatives
April 16, 2003
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration August 14, 2003 (Subject to Sine Die Revision)

Document No. 2828
Agency:   Department of Labor, Licensing and Regulation,
Contractors' Licensing Board
Statutory Authority: 1976 Code Section 40-11-60
Burglar Alarm Systems
Received by Speaker of the House of Representatives
April 16, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration August 14, 2003

Document No. 2829
Agency: Department of Labor, Licensing and Regulation, Board of Long Term Health Care Administrators
Statutory Authority: 1976 Code Section 40-35-5
Residential Care Facility Administration
Received by Speaker of the House of Representatives
April 16, 2003
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration August 14, 2003 (Subject to Sine Die Revision)

The following was introduced:

H. 4009 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO WELCOME MRS. BETTY MORRIS OF ABERDEEN, MARYLAND, TO SOUTH CAROLINA, THE 2002-2003 NATIONAL PRESIDENT OF THE LADIES AUXILIARY TO THE VETERANS OF FOREIGN WARS OF THE UNITED STATES, AND TO COMMEND MRS. MORRIS AND THE LADIES AUXILIARY FOR THE WONDERFUL WORK THEY HAVE DONE ON BEHALF OF THIS NATION'S VETERANS.

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

The following was introduced:

H. 4010 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes,

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

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

H. 4011 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, 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,

Whereas, the nearly 2.7 million registered nurses in the United States comprise our nation's largest health care profession; and

Whereas, the depth and breadth of the registered nursing profession meets the different and emerging health care needs of the American population in a wide range of settings; and

Whereas, the American Nurses Association and the South Carolina Nurses Association, as the voice for the registered nurses of this country, are working to chart a new course for a healthy nation that relies on increasing delivery of primary and preventive health care; and

Whereas, a renewed emphasis on primary and preventive health care will require the better utilization of all of our nation's registered nursing resources. Professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients; and

Whereas, the demand for registered nursing services will be greater than ever because of the aging of the American and South Carolina populations, the continuing expansion of life-sustaining technology, and the explosive growth of home health care services; and

Whereas, more qualified registered nurses will be needed in the future to meet the increasingly complex needs of health care consumers in this State; and

Whereas, the cost-effective, safe, and quality health care services provided by registered nurses will be an even more important

Whereas, along with the American Nurses Association, the South Carolina Nurses Association has declared the week of May 6-12 as National Nurses Week with the theme "Nurses: Lifting Spirits, Touching Lives" in celebration of the ways in which registered nurses strive to provide safe and high quality patient care and map out the way to improve our health care system. Now, therefore,

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

That the members of the General Assembly, by this resolution, proclaim the week of May 6-12, 2003, as Nurses Week in South Carolina and commend registered nursing's accomplishments and efforts to improve our health care system and show our appreciation for the State and nation's registered nurses not just during this week, but at every opportunity throughout the year.

Be it further resolved that a copy of this resolution be forwarded to Judith Curfman Thompson, Executive Director, South Carolina Nurses Association.

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

The following was introduced:

H. 4012 (Word version) -- Reps. Rutherford, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips,

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

The following was introduced:

H. 4013 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION APPLAUDING IRMO NATIVE ROBERT C. (BOBBY) WEED, JR., AS HE IS NAMED THE 2003 SOUTH CAROLINA GOLF ASSOCIATION "GOLF WEEK" HONOREE IN RECOGNITION OF HIS LONG AND DISTINGUISHED CAREER IN GOLF COURSE DESIGN.

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

The Senate sent to the House the following:

S. 584 (Word version) -- Senator J. V. Smith: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2003 AS MENTAL HEALTH MONTH IN SOUTH CAROLINA AND TO RAISE COMMUNITY AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.

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

The following was taken up for immediate consideration:

S. 585 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 27 - MAY 4, 2003, AS NATIONAL SOIL AND WATER STEWARDSHIP WEEK IN SOUTH CAROLINA AND TO COMMEND THE SOUTH CAROLINA ASSOCIATION OF CONSERVATION DISTRICTS FOR PROMOTING WISE AND RESPONSIBLE STEWARDSHIP OF OUR SOIL AND WATER.

Whereas, assuring food for the future is the most basic issue any society faces. The world's food still depends on an adequate supply of good farmland, and the care of soil and water resources is essential to continued food production; and

Whereas, the ability to feed a world that could grow to eight billion by 2030 is a serious task that will require a serious stewardship ethic among all of us; and food for the future will come from those people and nations fortunate enough to have the soil and water for agricultural production, the ability to provide stewardship for the land, and the freedom to pursue their agriculture in peace; and

Whereas, soil and water conservation districts provide local conservation leadership for America's working lands and have been assisting landowners with the adoption of soil and water technology since the 1930's by taking available technical, financial, and educational resources, whatever their source, and focusing or coordinating them so that they meet the needs of the local land user for conservation of soil, water, and related resources; and

Whereas, the forty-six soil and water conservation districts of South Carolina and their two hundred-thirty governing commissioners join with America's three thousand conservation districts to work directly with more than two and one-half million cooperating landowners and operators to manage the soil, water, forest, and wildlife resources on nearly ninety-eight percent of the private working lands in the United States; and

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

That the members of the General Assembly, by this resolution, declare the week of April 27-May 4, 2003, as National Soil and Water Stewardship Week in South Carolina and commend the South Carolina Association of Conservation Districts for promoting wise and responsible stewardship of our soil and water.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Association of Conservation Districts.

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

The Senate sent to the House the following:

S. 600 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PUT UP EXIT AND DIRECTIONAL SIGNS ON APPROPRIATE EXITS OFF OF INTERSTATE 20 AND INTERSTATE 26 IN LEXINGTON COUNTY AND PAY ALL COSTS FROM LEXINGTON COUNTY "C" FUNDS, SO AS TO PROVIDE EXIT INFORMATION AND DIRECTIONS TO THE LEXINGTON COUNTY MUSEUM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 624 (Word version) -- Senators Rankin, Elliott, McGill and Ravenel: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ASHBY WARD, PRESIDENT AND

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

The following was introduced:

H. 4014 (Word version) -- Reps. E. H. Pitts, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE DEBORAH B. WRIGHT OF LEXINGTON ON HER RETIREMENT AFTER THIRTY-TWO YEARS OF TIRELESS SERVICE AS A TEACHER AND PRINCIPAL, COMMEND HER FOR HER LIFELONG DEDICATION TO EDUCATION, AND WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.

The Resolution was adopted.

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

H. 4015 (Word version) -- Rep. M. A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY

H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT "THE COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
Referred to Committee on Ways and Means

H. 4017 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 56-5-2780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE USED TO ESTABLISH SCHOLARSHIPS AT THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE AND THE MEDICAL UNIVERSITY OF SOUTH CAROLINA TO TRAIN MEDICAL STUDENTS IN THE FIELD OF TRAUMA MEDICINE.
Referred to Committee on Ways and Means

H. 4018 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" AND "PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; AND TO ADD SECTIONS 42-1-330 AND 42-1-340 SO AS AUTHORIZE A PROFESSIONAL SPORTS TEAM PLAYER TO EXEMPT HIMSELF FROM THE WORKERS' COMPENSATION LAW UPON GIVING PROPER

H. 4019 (Word version) -- Rep. Edge: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SUPERINTENDENT OF EDUCATION, AND TREASURER FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THESE PROVISIONS, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO ABOLISH THE OFFICES OF SECRETARY OF STATE AND COMPTROLLER GENERAL WITH THE DUTIES AND FUNCTIONS OF THESE OFFICES DEVOLVED UPON THE OFFICE OF THE GOVERNOR IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI.
Referred to Committee on Judiciary

H. 4020 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 1-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE BUDGET AND CONTROL BOARD, SO AS TO DELETE THE COMPTROLLER GENERAL AND STATE TREASURER AS MEMBERS OF THE BOARD UPON RATIFICATION OF SPECIFIED AMENDMENTS TO THE CONSTITUTION OF THIS STATE.
Referred to Committee on Judiciary

H. 4022 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 26-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF A NOTARY PUBLIC IN THIS STATE, SO AS TO EXCLUDE THE ADMINISTRATION OF AN OATH IN CONNECTION WITH A MARRIAGE CEREMONY AS AN AUTHORIZED NOTARIAL ACT; AND TO AMEND SECTION 26-3-80, RELATING TO THE APPLICATION OF THE UNIFORM RECOGNITION OF ACKNOWLEDGEMENTS ACT, SO AS TO CONFORM THOSE PROVISIONS TO THE EXCLUSION AND TO MAKE THE EXCLUSION APPLY ONLY AFTER THE EFFECTIVE DATE OF THIS ACT.
Referred to Committee on Judiciary

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

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

S. 222 (Word version) -- Senators Short and Leventis: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE BY THE ATTORNEY GENERAL, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.
Referred to Committee on Labor, Commerce and Industry

S. 507 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 38-73-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIBLES THAT MUST BE OFFERED ON POLICIES OF WORKERS' COMPENSATION INSURANCE, SO AS TO INCREASE THE MAXIMUM DEDUCTIBLE ALLOWED FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS AND TO PROVIDE THAT AN INJURY FOR WHICH THERE IS NO COMPENSABLE LOST TIME OR PERMANENCY AND COST OF MEDICAL TREATMENT DOES NOT EXCEED FIVE THOUSAND DOLLARS RATHER THAN THE EXISTING TWO THOUSAND FIVE HUNDRED DOLLAR LIMIT IMPOSED BY REGULATION REQUIRES ONLY ANNUAL

S. 580 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO SOUTH CAROLINA PATIENTS' COMPENSATION FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 2823, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

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

S. 593 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 6-11-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPECIAL PURPOSE DISTRICTS RESULTING IN OVERLAP, SO AS TO PROVIDE THAT, IF THE BOUNDARIES OF A SPECIAL PURPOSE DISTRICT PROVIDING WATERWORKS OR SEWER SERVICE ARE DIMINISHED, THE SPECIAL PURPOSE DISTRICT MAY CONTINUE TO PROVIDE WATER OR SEWER SERVICES OUTSIDE OF ITS DIMINISHED BOUNDARIES PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT WITH ONE OR

S. 594 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO INSPECTIONS AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 595 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FEE STRUCTURES FOR ANNUAL PERMITS AND LIABILITY INSURANCE REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2810, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

The following was introduced:

H. 4023 (Word version) -- Reps. Cooper, Cato, White and Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO REMOVE THE "EARLE MORRIS HIGHWAY" MARKERS OR SIGNS WHICH WERE PLACED ON THAT PORTION OF SOUTH CAROLINA HIGHWAY 153 WHICH CONNECTS SECONDARY HIGHWAY 190 IN ANDERSON COUNTY WITH SOUTH CAROLINA HIGHWAY 123 IN PICKENS COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4024 (Word version) -- Reps. Clemmons, Edge, Hayes, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF NEW INTERSTATE HIGHWAY 73 IN HORRY COUNTY AS THE ASHBY WARD MEMORIAL HIGHWAY IN HONOR OF THE LATE ASHBY WARD, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE MYRTLE BEACH AREA CHAMBER OF COMMERCE AT THE TIME OF HIS DEATH, AND TO INSTALL APPROPRIATE MARKERS CONTAINING THE WORDS "ASHBY WARD MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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
Cotty                  Davenport              Duncan
Edge                   Emory                  Freeman
Frye                   Gourdine               Govan
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Howard                 Huggins
Keegan                 Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Neilson

Ott                    Owens                  Parks
Perry                  Phillips               E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. E. Smith
J. R. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

I came in after the roll call and was present for the Session on Tuesday, April 22.

Lewis E. Pinson                   Ronald Townsend
Doug Smith                        Bessie Moody-Lawrence
Fletcher Smith                    Lonnie Hosey
Douglas Jennings                  Richard Quinn
Larry Koon                        Greg Delleney
Seth Whipper                      Brenda Lee

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

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

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

Announcement was made that Dr. Jim McCoy of Summerville is the Doctor of the Day for the General Assembly.

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

Bill Number:   H. 3220 (Word version)
Date:   ADD:
04/22/03   NEILSON

Bill Number:   H. 3899 (Word version)
Date:   ADD:
04/22/03   LOURIE

Bill Number:   H. 3899 (Word version)
Date:   ADD:
04/22/03   NEILSON

Bill Number:   H. 3899 (Word version)
Date:   ADD:
04/22/03   MILLER

Bill Number:   H. 3899 (Word version)
Date:   ADD:
04/22/03   OTT

Bill Number:   H. 3899 (Word version)
Date:   ADD:
04/22/03   OWENS

Bill Number:   H. 3899 (Word version)
Date:   ADD:
04/22/03   BOWERS

Bill Number:   H. 3482 (Word version)
Date:   ADD:
04/22/03   TROTTER

Bill Number:   H. 3220 (Word version)
Date:   ADD:
04/22/03   MILLER

Bill Number:   H. 3900 (Word version)
Date:   ADD:
04/22/03   BALES

Bill Number:   H. 3900 (Word version)
Date:   ADD:
04/22/03   NEILSON

Bill Number:   H. 3900 (Word version)
Date:   ADD:
04/22/03   OWENS

Bill Number:   H. 3900 (Word version)
Date:   ADD:
04/22/03   TALLEY

Bill Number:   H. 3900 (Word version)
Date:   ADD:
04/22/03   BAILEY

Bill Number:   H. 3899 (Word version)
Date:   REMOVE:
04/22/03   HUGGINS

Rep. HINSON arose to a Point of Personal Privilege.

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, April 23, which was adopted:

H. 3429 (Word version) -- Reps. Cotty and Cato: A BILL TO REPEAL SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESPONSIBILITIES OF LANDLORDS AND TENANTS FOR UTILITIES, WATER, SEWERAGE, AND GARBAGE SERVICES.

The following Bill was taken up:

H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1511MM03), which was adopted:
Amend the bill, by striking all after the enacting words and inserting:

"Section 58-3-230.   (A)   A utility, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, may not submit a change request for a customer's utility service until the customer's authorization for the change is obtained by using marketing or anti-slamming guidelines approved by the appropriate federal and state regulatory agencies. In the case of utilities defined by Section 58-9-10, the appropriate regulatory agencies are the Federal Communications Commission and the South Carolina Public Service Commission. If a utility other than that directly receiving the customer authorization subsequently effects the change into billing or operational systems, it is not:

(1)   required to secure additional customer authorization; and

(2)   liable pursuant to this section for errors, omissions, or unauthorized changes submitted by the utility originating the request.

(B)   A utility defined in Sections 58-5-10 and 58-27-10 that violates subsection (A) is liable to the customer for all charges incurred by the customer, in excess of those normally incurred through his designated provider, during the period of the unauthorized change.

(C)   A utility defined in Section 58-9-10 that violates subsection (A) is liable as specified in Federal Communications Commission guidelines promulgated pursuant to the United States Code of Laws, Chapter 1, Title 47.

(D)   A utility, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, that wilfully, knowingly, or repeatedly violates the provisions of subsection (A) is subject to a fine of not less than two thousand dollars nor more than ten thousand dollars for each violation. The fines collected by the Public Service Commission pursuant to this section must remain with the commission and be used to offset costs associated with this section.

(E)   As used in this section 'customer' means:

(1)   the party identified in the account records of a utility as the one responsible for payment of the utility bill;

(2)   an adult person authorized by the responsible party to change utility services or to charge services to the account; or

(3)   a person contractually or otherwise lawfully authorized to represent the responsible party."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

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

H. 3133 (Word version) -- Reps. Altman and Umphlett: A BILL TO AMEND SECTION 20-7-473, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARITAL AND NONMARITAL PROPERTY FOR PURPOSES OF JUDICIAL APPORTIONMENT DURING MARITAL LITIGATION, SO AS TO INCLUDE AS NONMARITAL PROPERTY ANY PROPERTY THAT IS NEITHER ACQUIRED WITH MARITAL FUNDS NOR TITLED IN THE NAME OF ONE OR THE OTHER SPOUSE, OR BOTH OF THEM, AND TO PROVIDE THAT THE PROPERTY MAY NOT BE APPORTIONED PERMANENTLY OR TEMPORARILY NOR TRANSMUTED INTO MARITAL PROPERTY FOR ANY PURPOSE.

Rep. ALTMAN explained the Bill.

H. 3677 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL

Rep. TALLEY explained the Bill.

The following Bill was taken up:

H. 3572 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 61-4-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS FOR SELLING BEER AND WINE, SO AS TO PROHIBIT THE ISSUANCE OF A PERMIT IF THE APPLICANT CONDUCTS GAMES USING FIREARMS AT WHICH PRIZES ARE AWARDED ON THE PROPERTY ON WHICH THE PLACE OF BUSINESS IS LOCATED AND IS TO BE LICENSED FOR ON-PREMISES CONSUMPTION OF BEER OR WINE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3428DW03):
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION   1.   Section 61-4-580 of the 1976 Code, as last amended by Act 52 of 1999, is further amended by adding:

"(8)   conduct games that use firearms at which prizes are awarded and the games are held on or adjacent to the property on which is located the place of business which is licensed for on-premises consumption of beer or wine. /
Amend further by striking all before the enacting clause:
/ TO AMEND SECTION 61-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS ON THE LICENSED PREMISES OF A HOLDER OF BEER OR WINE PERMIT, SO AS TO PROHIBIT GAMES USING FIREARMS AT WHICH PRIZES ARE AWARDED ON THE PROPERTY ON WHICH THE PLACE OF BUSINESS IS LOCATED AND IS LICENSED FOR ON-PREMISES CONSUMPTION OF BEER OR WINE. /

Rep. ALTMAN explained the amendment.

Rep. OTT moved to adjourn debate on the Bill until Wednesday, April 23, which was agreed to.

The following Bill was taken up:

H. 3187 (Word version) -- Reps. Merrill, Viers, Stille, Walker, Richardson, Cotty and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A LOBBYIST AND TO PROVIDE EXCEPTIONS.

Reps. COOPER, CATO, PERRY, EDGE, KEEGAN, WITHERSPOON, COATES, TROTTER, WHITE, YOUNG, MERRILL, STILLE, VIERS, OWENS, TALLEY and ALTMAN requested debate on the Bill.

The following Bill was taken up:

H. 3220 (Word version) -- Reps. Lourie, Bailey, Bales, Littlejohn, Clemmons, Cotty, Weeks, Neilson and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 38, TITLE 43 SO AS TO CREATE THE VOLUNTEER LONG TERM CARE ADVOCATE PROGRAM UNDER THE LONG TERM CARE OMBUDSMAN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO ESTABLISH THE STRUCTURE OF THE VOLUNTEER PROGRAM, TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT AND THE OMBUDSMAN PROGRAM, AND TO REQUIRE THE DEPARTMENT INITIALLY TO IMPLEMENT THIS PROGRAM IN LIMITED AREAS USING CIVIL MONEY PENALTIES FUNDS AND TO EXPAND THE PROGRAM AS FUNDS BECOME AVAILABLE, AND TO DESIGNATE SECTIONS 43-38-10

Reps. PERRY, STEWART, EDGE, CATO, WITHERSPOON, HAYES, J. BROWN, LOURIE, WHITE, KIRSH, NEILSON, COOPER and TROTTER requested debate on the Bill.

The following Bill was taken up:

H. 3591 (Word version) -- Reps. Davenport and Bailey: A BILL TO AMEND TITLE 40, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF HEARING AID SPECIALISTS, INCLUDING PROVIDING PENALTIES FOR VIOLATIONS, TO DEVOLVE THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" UNDER CHAPTER 25, TITLE 40 UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11572AC03), which was adopted:
Amend the bill, as and if amended, page 12, by deleting Section 40-25-10(A) and (B), and inserting:
/(A)   There is created the Board of Examiners for Hearing Instrument Specialists and Fitters under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public through the administration and enforcement of this

(B)   The Board of Examiners for Hearing Instrument Specialists and Fitters consists of five hearing instrument specialists, each of whom must have five years or more experience and hold a valid license issued under this chapter, one otolaryngologist licensed under Chapter 47, and one consumer member. Members must be appointed by the Governor with the advice and consent of the Senate. Nominations for appointment to the board may be submitted to the Governor from a group, individual, or association and must be considered in accordance with Section 40-1-45. Members shall serve terms of four years and until a successor has been appointed and qualifies. A member may not serve more than two consecutive terms. A vacancy on the board must be filled for the remainder of the unexpired term in the manner of the original appointment. /
Amend the bill further, page 13, by deleting Section 40-25-20(9) and inserting:
/(9)   'Specializing in hearing aids' means the measurement of human hearing by an audiometer and by other established means solely for fitting, selecting, adapting, programming, or selling hearing aids. It also includes making impressions for earmolds. /
Amend the bill further, page 16, by deleting Section 40-25-115(B)(1) and inserting:
/(B)(1)   Before dispensing a hearing aid, a licensee shall conduct a hearing measurement including:

(a)   pure tone audiometry;

(b)   speech audiometry;

(c)   hearing aid evaluation. /
Amend the bill further, Section 40-25-115, page 17, immediately after line 18 by inserting:
/   (4)   A licensee must advise a prospective user that an examination by a hearing instrument specialist is not an examination, diagnosis, or prescription by a physician licensed to practice medicine under chapter 47. /
Amend the bill further, Section 40-25-300, page 20, line 14 after /67/ by inserting /or to physicians licensed under Chapter 47/ so when amended, Section 40-25-300 reads:
/Section 40-25-300.   This chapter does not apply to audiologists licensed under Chapter 67 or to physicians licensed under Chapter 47. /
Amend the bill further, by deleting SECTION 3 of the bill on page 21 and inserting:

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

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

The following Bill was taken up:

H. 3899 (Word version) -- Reps. Harrell, Wilkins, Altman, Bailey, Bales, Battle, Bingham, Cato, Ceips, Clark, Cooper, Cotty, Dantzler, Duncan, Edge, Gilham, Harrison, Haskins, Herbkersman, Jennings, Keegan, Leach, Limehouse, Littlejohn, Loftis, E. H. Pitts, Cobb-Hunter, Mahaffey, McCraw, J. H. Neal, Mack, Perry, Howard, Quinn, Rhoad, Rutherford, Lourie, Rice, Neilson, Sandifer, Miller, Skelton, Bowers, D. C. Smith, Ott, J. E. Smith, Owens, 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 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

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9758SL03):
Amend the bill, as and if amended, Section 59-103-45(4)(d), as contained in SECTION 10, page 13, line 22, after /performance/ by deleting /indicators / and inserting /indicators/ so that when amended the subitem reads:
/ (d)   develop a public higher education funding formula based entirely on an institution's achievement of the standards set for these performance indicators, this formula to be used beginning July 1, 1999. /.
Amend the bill further, by deleting Section 59-155-20(A) as contained in SECTION 26 and inserting:
/   (A)   There is created the South Carolina Research Oversight Council. The council shall consist of ten members. The membership of the council must be as follows:

(1)   one at-large member to serve as chairman appointed by the Governor with the advice and consent of the Senate. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business

(2)   one at-large member appointed by the President Pro Tempore of the Senate. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed to serve a term of four years and may not serve on the council for more than two consecutive terms;

(3)   one at-large member appointed by the Speaker of the House of Representatives. To qualify for appointment, the member must have extensive experience in higher education and experience in economic development, business development, or research that results in economic or business development. This member must be appointed to serve a term of four years and shall not serve on the council for more than two consecutive terms;

(4)   three members to serve ex officio to represent the research universities. These members shall consist of the Chairmen of the Board of Trustees of each research university. The term on the council for each respective Chairman of the Board of Trustees must be coterminous with his term as Chairman of the Board of Trustees;

(5)   three members to serve ex officio, one appointed by the Governor, one appointed by the President Pro Tempore of the Senate, and one appointed by the Speaker of the House of Representatives. These three members must be appointed from the membership of the respective Board of Trustees of each research university on a rotating basis every four years. The initial appointments must be made as follows: the Governor appoints from the Board of the Medical University of South Carolina; the President Pro Tempore of the Senate appoints from the Board of the University of South Carolina, and the Speaker of the House of Representatives appoints from the Board of Clemson University. The second rotation of appointments is as follows: the Governor appoints from the Board of Clemson University; the President Pro Tempore of the Senate appoints from the Board of the Medical University of South Carolina; and the Speaker of the House of Representatives appoints from the Board of the University of South Carolina. The third rotation of appointments is as follows: the Governor appoints from the Board of the University of South Carolina; the President Pro Tempore of the Senate appoints from the Board of Clemson University; and the Speaker of the House of Representatives

(6)   the Chairman of the Research Centers of Excellence Review Board, created in Section 2-75-10, to serve ex officio. /
Amend the bill further, Section 59-155-110 as contained in SECTION 26, page 26, line 31, by adding after /chairman./ the following:
/ The amount necessary to fully fund the council must be divided evenly among the research universities. The research universities are instructed to transfer this amount from their authorized or appropriated funds to the council. / so that when amended the section reads:
/ Section 59-155-110.   Funds for the necessary technical, administrative, and clerical assistance and other expenses of the Research Oversight Council, including stationery, must be carried in the annual appropriations act for the State. The members of the council are allowed per diem and mileage as authorized by law for members of boards, commissions, and committees. The sum appropriated for the use of the council must be expended upon warrants signed by the chairman. The amount necessary to fully fund the council must be divided evenly among the research universities. The research universities are instructed to transfer this amount from their authorized or appropriated funds to the council. /
Amend the bill further, Section 59-155-160 as contained in SECTION 26, page 27, line 35, after /Higher Education/ by inserting / , the Department of Commerce, /
When amended, Section 59-155-160 shall read:
/   Section 59-155-160.   The provisions of this chapter recognize the unique roles that research universities play in educating the public while also serving as engines of economic development for the State. The Research Oversight Council and research universities shall cooperate and collaborate with the Commission on Higher Education, the Department of Commerce, and public and private institutions of higher learning as defined in Section 59-103-5 to better serve the citizens of South Carolina and the nation and provide economic benefits statewide. /

Section 11-51-10.   This chapter may be cited as the 'State General Obligation Economic Development and Research University Bond Act'.

Section 11-51-20.   As incident to this chapter, the General Assembly finds:

(1)   That by Section 4, Act 10 of 1985, the General Assembly ratified an amendment to Article X, Section 13(6)(c), Constitution of this State, 1895. One amendment in Article X, Section 13(6)(c) limits the issuance of general obligation debt of the State such that maximum annual debt service on general obligation bonds of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, may not exceed five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds.

(2)   Article X, Section 13(6)(c), as amended, further provides that the percentage rate of general revenues of the State by which general obligation bond debt service is limited may be reduced to four or increased to seven percent by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.

(3)   In order to foster economic development within the State and the advancement of research projects at the research universities, as defined in Section 11-51-30, by providing the necessary funds to defray the costs of certain infrastructure and facilities, as defined in Section 11-51-30, it is in the best interests of the State that the limitation on general obligation debt imposed by Article X, Section 13(6)(c) be increased to five and one-half percent with the additional debt service capacity available at any time as a consequence of the increase available only for the repayment of general obligation bonds issued to provide infrastructure and facilities for:

(a)   economic development within the State; and

(b)   the advancement of the research universities.

Section 11-51-30.   As used in this chapter:

(1)   'Bonds' means state general obligation economic development bonds and state general obligation research university bonds.

(2)   'Department' means the State Department of Commerce.

(3)   'Economic development project' means a project as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested by the sponsor and at least four hundred new jobs are created at the project by the sponsor. To qualify as an economic development project for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.

(4)   'Economic development infrastructure' must relate specifically to, but is not required to be located on, the economic development project and means:

(a)   land acquisition;

(b)   site preparation;

(c)   road and highway improvements;

(d)   rail spur construction;

(e)   water service;

(f)   wastewater treatment;

(g)   employee training which may include equipment used for this purpose;

(h)   environmental mitigation; and

(i)   training and research facilities and the necessary equipment for them.

(5)   'Economic development investment' means money expended by the sponsor on capital assets directly related to the economic development project and does not include amounts expended in aid of the project by the State pursuant to this chapter or otherwise, or amounts expended in aid of the project by a county, municipality, or a special purpose district, however financed.

(6)   'Facilities and administration costs' means depreciation and use allowances, interest on debt associated with buildings, equipment and capital improvements, operation and maintenance expenses, library expenses, general administration expenses, departmental administration, sponsored projects administration, and student administration and services.

(7)   'New job' means a full-time job created in this State at an economic development project. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from,

(8)   'Research Centers for Excellence Review Board' means the board created pursuant to Section 2-75-10.

(9)   'Research infrastructure project' means a project that would advance economic development and create a knowledge based economy, thereby increasing job opportunities, or facilitate and increase externally funded research at the research universities, including, but not limited to, land acquisition, acquisition or construction of buildings, equipment, furnishings, site preparation, road and highway improvements, water and sewer infrastructure and other things necessary or convenient to advance economic development or to facilitate and increase research at the research universities.

(10)   'Research universities' means Clemson University, the Medical University of South Carolina, and the University of South Carolina - Columbia.

(11)   'Sponsor' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity or a combination of these entities.

(12)   'State general obligation economic development bonds' or 'economic development bonds' means general obligation bonds of this State issued under the authority of and pursuant to the provision of this chapter in order to defray the cost of economic development infrastructure.

(13)   'State general obligation research university bonds' or 'research university bonds' means general obligation bonds of this State issued under the authority of and pursuant to the provisions of this chapter in order to defray the cost of research infrastructure projects.

Section 11-51-40.   To obtain funds for allocation to the department for financing of infrastructure, there may be issued from time to time bonds under the conditions prescribed by this chapter.

Section 11-51-50.   Pursuant to Article X, Section 13(6)(c) of the Constitution of this State, 1895, the General Assembly provides that the maximum annual debt service on general obligation bonds of the State, including economic development bonds and research university bonds, but excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, may not exceed five and one-half percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds. The State at any time must not have outstanding general obligation bonds, excluding economic development bonds and research university bonds, highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, the maximum annual debt service on which exceeds five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues that are authorized to be pledged for state highway bonds and state institution bonds.

Section 11-51-60.   The maximum annual debt service on bonds issued pursuant to this chapter may not exceed one-half of one percent of the general revenues of this State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds.

Section 11-51-70.   Before issuing economic development bonds, the department shall provide to the Joint Bond Review Committee and the State Budget and Control Board the following:

(1)   a statement of the amount then required for allocation to the department to defray the costs of the proposed economic development infrastructure;

(2)   a description of the economic development infrastructure for which the bonds are to be issued, including a certification by the secretary of the department that each economic development project to benefit from the expenditure of the proceeds of the economic development bonds consists of an economic development investment in the State of at least four hundred million dollars and at least four hundred new jobs;

(3)   a tentative time schedule setting forth the period of time during which the sum requested is to be expended;

(4)   a debt service table showing the annual principal and interest requirements for the state general economic development bonds and the state general obligation research university bonds then outstanding; and

(5)   a statement of the total amount of the State general economic development bonds and the state general obligation research university bonds issued.

Section 11-51-80.   (A)   As a condition precedent to the issuance of research university bonds pursuant to the provisions of this chapter, the Research Centers of Excellence Review Board shall certify to the State Budget and Control Board that at least fifty percent of the cost of such research infrastructure project is being provided by private, federal, municipal, county or other local government sources. This portion of the cost may, in the discretion of the Research Centers of Excellence Review Board, be in the form of cash; cash equivalent; buildings including sale-lease back; gifts in kind including, but not limited to, land, roads, water and sewer, and maintenance of infrastructure; facilities and administration costs; equipment; or furnishings.

(B)   Before the issuance of research university bonds, the Research Centers of Excellence Review Board shall provide to the Joint Bond Review Committee and the State Budget and Control Board the following:

(1)   a description of the research infrastructure project for which research university bonds are requested to be issued;

(2)   a certification by the Research Centers of Excellence Review Board that the provisions of subsection (A) have been met, that the source of funding has been identified, and that the research infrastructure project complies with the provisions of this chapter;

(3)   the total cost of the research infrastructure project and the principal amount of the research university bonds requested to be issued;

(4)   a tentative time schedule setting forth the period of time during which the proceeds of the research university bonds requested to be issued will be expended;

(5)   a debt service schedule showing the annual principal and interest requirements, at a projected current rate of interest, on the requested research university bonds;

(6)   the total amount of the state general obligation economic development and research university bonds issued pursuant to this chapter; and

(7)   a debt service schedule showing the principal and interest requirements for the state general obligation economic development and research university bonds outstanding and the proposed research university bonds at a projected current rate of interest.

Section 11-51-90.   Following the receipt of the notification presented either pursuant to Section 11-51-70 or Section 11-51-80 and after approval by the Joint Bond Review Committee, the State Budget and Control Board, by resolution duly adopted, shall effect the issue of economic development bonds and research university bonds, or pending the issue of the bonds, effect the issue of bond anticipation notes pursuant to Chapter 17 of this title.

Section 11-51-100.   To effect the issuance of bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of economic development bonds and research university bonds pursuant to the provisions of this chapter. The authorizing resolution must include:

(1)   a schedule showing the aggregate of bonds issued, the annual principal payments required to retire the bonds, and the interest on the bonds;

(2)   the amount of bonds proposed to be issued;

(3)   a schedule showing future annual principal requirements and estimated annual interest requirements on the bonds to be issued; and

(4)   certificates evidencing that the provisions of Sections 11-51-50 and 11-51-60 of this chapter have been or will be met.

Section 11-51-110.   The bonds must bear the date and mature at the time that the resolution provides, except that a bond may not mature more than thirty years from its date of issue. The bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State Budget and Control Board before their issue. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.

Section 11-51-120.   Bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.

Section 11-51-130.   Bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer and attested by the Secretary of State. The Governor, State Treasurer, and Secretary of State may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon each of them. The delivery of the bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.

Section 11-51-140.   For the payment of the principal and interest on bonds issued and outstanding pursuant to this chapter there is

Section 11-51-150.   Bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of a summary notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds may be awarded upon the terms and in the manner as prescribed by the State Treasurer. The right is reserved to reject bids and to readvertise the bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Treasurer may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. Expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.

Section 11-51-160.   The proceeds of the sale of bonds must be received by the State Treasurer and applied by him to the purposes for which issued, except that the accrued interest, if any, may be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of the bonds are not liable for the proper application of the proceeds to the purposes for which they are intended.

Section 11-51-170.   It is lawful for all executors, administrators, guardians, and other fiduciaries to invest monies in their hands in bonds issued pursuant to this chapter.

Section 11-51-180.   The proceeds received from the issuance of bonds, after deducting the costs of issuance, must be expended only for the purpose of providing infrastructure or of defraying the cost of research infrastructure projects.

In the event a research infrastructure project is used for a purpose other than as approved in by the Research Centers for Excellence Review Board pursuant to Section 11-51-80(B)(2), the research university for which such research infrastructure project was originally established shall reimburse the State a percentage of debt service on the research university bonds issued to finance the debt, the percentage to be equal to the percentage of the research infrastructure project which is used for an unapproved purpose. Amounts reimbursed to the State

Rep. HARRELL explained the amendment.

Reps. SCOTT, SHEHEEN, HARRELL, COOPER, GOVAN, CATO, HOSEY, PERRY, WITHERSPOON, MOODY-LAWRENCE, DAVENPORT, FREEMAN, ALTMAN, NEILSON, CLYBURN, J. BROWN, RUTHERFORD, LIMEHOUSE, J. E. SMITH, J. H. NEAL, G. M. SMITH, GOURDINE, TOOLE and RHOAD requested debate on the Bill.

The following Bill was taken up:

H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E. H. Pitts, Mack, M. A. Pitts, Richardson, J. H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens, J. R. Smith, Snow, Talley, Bailey, 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 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

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20503SD03):
Amend the bill, as and if amended, by striking in its entirety item (9) as contained in Section 11-45-30, SECTION 1, page 3, beginning on line 18, and inserting:
/   (9)   'Tax credit' means a credit against a lender's bank tax liability pursuant to Chapter 11, Title 12 or insurance premium tax liability pursuant to Chapter 7, Title 38, as the case may be, or in the case of a repeal or reduction by the State of the tax liability imposed by these sections, any other tax imposed upon such a lender by this State. /
Amend further, Section 11-45-40(B)(1), SECTION 1, page 4, by deleting on lines 4 and 5 /, except that they may not be active owners or principals of companies or entities in the venture capital industry/.
When amended Section 11-45-40(B)(1) reads:
/ (1)   The fund must be governed by a board composed of seven directors two of whom must be appointed by the Speaker of the House of Representatives, two of whom must be appointed by the President Pro Tempore of the Senate, and three of whom must be appointed by the Governor, one of whom shall serve as chairman. Directors must be selected based upon outstanding knowledge and leadership, must be knowledgeable in the management of money and finance, and must possess experience in the management of investments similar in nature and in value to those of the fund. Directors serve for a term of office of four years and until their successors are appointed and qualify, except that of the initial directors appointed, one must be appointed by the

/ (3)   A conflict of interest is considered to exist if a director of the fund, an officer, agent, or employee thereof, or any for-profit firm or corporation in which a director, officer, agent, or employee of the fund, or any member of his immediate family, as defined in Section 2-17-10(7), is an officer, partner, or principal stockholder engages in business activity with the fund either directly or indirectly in which the director, officer, agent, employee, or firm would personally benefit. In this case, the director, officer, agent, or employee shall refrain from any involvement of any type in regard to the activity including, but not limited to, discussing the proposed activity with another person associated with the entity desiring to engage in the activity with the fund, negotiating any aspects of the proposed activity with the fund, voting on any matter pertaining to the activity, and communicating with other board members, officers, agents, or employees of the fund concerning the activity. When a conflict arises, the director, officer, agent, or employee involved in the conflict, at the discretion of the board, shall resolve the conflict or resign from the position creating the conflict. Directors, officers, agents, and employees of the fund are subject to all provisions of Chapter 17, Title 2 and Chapter 13, Title 8, and the provisions of this item are supplemental to and not in lieu of the provisions of Chapter 17, Title 2 and Chapter 13, Title 8./
Amend further, by striking in its entirety subsection (A) as contained in Section 11-45-50, SECTION 1, page 4, beginning on line 36, and inserting:
/   (A)   The fund must seek capital commitments to the fund in accordance with procedures approved by the state budget and control board. The fund may retain an amount annually not to exceed one percent of the capital commitments received for expenses incurred by the fund. Capital contributions received by the fund must be in cash or in immediately available funds and are to be used only as provided by this chapter. /

Rep. HARRELL explained the amendment.

Reps. SCOTT, HARRELL, MOODY-LAWRENCE, HOSEY, PERRY, LEACH, CATO, DAVENPORT, COATES, SHEHEEN, ALTMAN, YOUNG, SKELTON, HINSON, CLYBURN, MCGEE, J. BROWN, BAILEY, LLOYD and SANDIFER requested debate on the Bill.

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

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

H. 4026 (Word version) -- Reps. W. D. Smith, Delleney and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007.

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

That the members of the General Assembly shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 28, 2003, at 12:00 noon to elect a successor to the Honorable M. Duane Shuler, Judge of the Court of Appeals, Seat 3, whose term expires June 30, 2007; and to elect a successor to the Honorable Marion D. Myers, Judge of the Family Court for the Third Judicial Circuit, Seat 2, whose term expires June 30, 2007.

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

The following was introduced:

H. 4027 (Word version) -- Reps. Hosey, Rhoad, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, 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, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF THE HONORABLE CARL D. LOADHOLT OF FAIRFAX AND TO CONVEY DEEPEST SYMPATHY TO HIS LOVING FAMILY AND MANY FRIENDS.

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

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

H. 4028 (Word version) -- Reps. Cotty and McGee: A BILL TO AMEND SECTION 43-26-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDINGS NOT SUBJECT TO THE RULES OF OPERATION OF VENDING FACILITIES BY THE COMMISSION FOR THE BLIND, SO AS TO EXCLUDE THE SOUTH CAROLINA STATE MUSEUM.
Referred to Committee on Ways and Means

The following was introduced:

H. 4029 (Word version) -- Reps. Witherspoon, Barfield, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES MAPLE SWAMP ALONG SOUTH CAROLINA HIGHWAY 65 IN HORRY COUNTY "JAMES E. FLEMING BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "JAMES E. FLEMING BRIDGE."
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

At 1:00 p.m. the House, in accordance with the motion of Rep. WALKER, adjourned in memory of Marine Pvt. Nolen Ryan Hutchings of Boiling Springs, who was killed in Iraq, to meet at 10:00 a.m. tomorrow.

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