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

Printed Page 2956 . . . . . Tuesday, May 6, 2003

Tuesday, May 6, 2003
(Statewide Session)

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 Proverb 17:1: "Better a dry crust with peace and quiet than a house full of feasting and strife."
Let us pray. Holy and merciful God, we come to You asking for Your guidance, wisdom, and courage for these women and men who have been called to do Your will in this world. Let them know of Your presence and Your concern for the welfare of the people of this State. Bless these people with the abundance of Your grace. Bless, preserve, and keep our President and all Your people safe from all harm. Hear our prayer, O God. Amen.

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

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

MOTION ADOPTED

Rep. TAYLOR moved that when the House adjourns, it adjourn in memory of Jurell Byrd, Sr., which was agreed to.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 1, 2003
Mr. Speaker and Members of the House of Representatives:

Printed Page 2957 . . . . . Tuesday, May 6, 2003

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

Richland County Master-in-Equity
Term Commencing: April 30, 2003
Term Expiring: April 30, 2009
Seat: Master-in-Equity

Reappointment
The Honorable Joseph M. Strickland
Richland County Master-in-Equity
Post Office Box 192
Columbia, South Carolina 29202
803-748-4811, Fax 803-748-4824

Respectfully,
Mark Sanford
Governor

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

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2832
Agency: Commission for the Blind
Statutory Authority: 1976 Code Section 43-26-10
Business Enterprise Program
Received by Speaker of the House of Representatives
May 5, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration September 2, 2003 (Subject to Sine Die Revision)

Printed Page 2958 . . . . . Tuesday, May 6, 2003

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2818
Agency: Department of Labor, Licensing and Regulation
Statutory Authority: 1976 Code Sections 41-16-40 and 41-16-70
Inspections and Fees
Received by Speaker of the House of Representatives
March 25, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 23, 2003 (Subject to Sine Die Revision)
July 28, 2003 (Subject to Sine Die Revision)
August 4, 2003 (Subject to Sine Die Revision)
Withdrawn and Resubmitted March 6, 2003

H. 3206--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

Columbia, S.C., May 1, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3206:

H. 3206 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Stille, Taylor, Bailey, Delleney, Ceips, Walker, Bales, Mahaffey, G. M. Smith, J. E. Smith, Bingham, Sandifer, Toole, Young, Clemmons, Keegan, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and Edge: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS

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AND AUTHORIZE INVITATIONS TO BE EXTENDED AT NATIONAL AND REGIONAL CONVENTIONS AND CONFERENCES TO ALL MEMBERS OF THE GENERAL ASSEMBLY; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE A PERSON WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE FOR THE ELECTION OR DEFEAT OF A CANDIDATE, AND DELETE A BALLOT MEASURE WITHIN THIS DEFINITION, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE AND DELETING WITHIN THE DEFINITION AN EXPENDITURE MADE BY A PERSON TO ADVOCATE THE ELECTION OR DEFEAT OF A CLEARLY DEFINED CANDIDATE OR BALLOT MEASURE, DELETING EXPENDITURES WHEN TAKEN AS A WHOLE AND IN CONTEXT MADE BY A PERSON EXPRESSLY TO URGE A PARTICULAR RESULT IN AN ELECTION, BY
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DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS SHALL FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION AND REQUIRE A POLITICAL PARTY, LEGISLATIVE CAUCUS COMMITTEE, AND A PARTY COMMITTEE TO FILE A CERTIFIED CAMPAIGN REPORT UPON THE RECEIPT OF ANYTHING OF VALUE WHICH TOTALS MORE THAN FIVE HUNDRED DOLLARS AND DEFINE "ANYTHING OF VALUE"; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION SHALL FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO
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AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1371 SO AS TO ESTABLISH CONDITIONS UNDER WHICH CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE MAY BE USED, PROVIDE THAT THE STATE ETHICS COMMISSION HAS JURISDICTION TO SEIZE
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FUNDS AND DISTRIBUTE THEM AMONG VARIOUS SPECIFIED FUNDS OR ENTITIES IF THERE IS A VIOLATION OF THIS SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; BY ADDING SECTION 8-13-1373 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, TO DEFEND AN ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE ATTORNEY GENERAL HAS BEEN REQUESTED AND REFUSES TO DEFEND THE ACTION; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13, CHAPTER 13, TITLE 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.

Very respectfully,
President

On motion of Rep. HARRISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HARRISON, W. D. SMITH and DELLENEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 3361--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

Columbia, S.C., May 1, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3361:

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H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.

Very respectfully,
President

On motion of Rep. TOWNSEND, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. TOWNSEND, WALKER and MILLER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3378 (Word version) -- Reps. Kirsh, F. N. Smith and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-15 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AS PROVIDED BY LAW SHALL BE DEVOLVED UPON THE STATE SUPERINTENDENT OF EDUCATION.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3686 (Word version) -- Reps. Walker and Taylor: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTING A TOTAL LOSS CLAIM, THE INSURANCE

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COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4150 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF THE DEDICATED MANNING CITY CLERK, JOY SUE THAMES BREWER, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4151 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF MRS. JEAN LUMPKIN HARVIN OF MANNING, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4152 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MAJOR RAYMOND RICHBURG, OF THE BUREAU OF PROTECTIVE SERVICES OF THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, ON BEING THE 2003 RECIPIENT OF THE BILLIE S. FLEMING, SR. EDUCATIONAL EXCELLENCE AWARD OF THE SANTEE-WATEREE EXPO COMMITTEE.

The Resolution was adopted.

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HOUSE RESOLUTION

The following was introduced:

H. 4153 (Word version) -- Rep. Barfield: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO AYNOR HIGH SCHOOL AND ITS ADMINISTRATORS, TEACHERS, AND STUDENTS UPON RECEIVING NATIONAL RECOGNITION FOR EXEMPLARY VOLUNTEER SERVICE BY RECEIVING THE PRUDENTIAL SPIRIT OF COMMUNITY AWARD AND ON BEING AWARDED THE 2003 PALMETTO'S FINEST AWARD FROM THE SOUTH CAROLINA DEPARTMENT OF EDUCATION.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4154 (Word version) -- Rep. Barfield: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE ADMINISTRATORS OF AYNOR HIGH SCHOOL ON WEDNESDAY, MAY 14, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING CONGRATULATED FOR RECEIVING NATIONAL RECOGNITION FOR EXEMPLARY VOLUNTEER SERVICE BY RECEIVING THE PRUDENTIAL SPIRIT OF COMMUNITY AWARD AND ON BEING AWARDED THE 2003 PALMETTO'S FINEST AWARD FROM THE SOUTH CAROLINA DEPARTMENT OF EDUCATION.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Administrators of Aynor High School on Wednesday, May 14, 2003, at a time to be determined by the Speaker, for the purpose of being congratulated for receiving national

Printed Page 2966 . . . . . Tuesday, May 6, 2003
recognition for exemplary volunteer service by receiving the Prudential Spirit of Community Award and on being awarded the 2003 Palmetto's Finest Award from the South Carolina Department of Education.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4155 (Word version) -- Rep. Richardson: A CONCURRENT RESOLUTION RECOGNIZING SERGEANT JESSE LANTER OF FORT MILL FOR HIS ACTS OF SACRIFICE AND BRAVERY WHILE SERVING IN IRAQ WITH THE UNITED STATES MARINES AND WISHING HIM A SAFE RETURN TO HIS HOME STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 677 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION CONGRATULATING THE MEMBERS OF THE TIMBERLAND HIGH SCHOOL "WOLVES" BASKETBALL TEAM ON THEIR CHAMPIONSHIP SEASON AS THEY WEAR THE 2002-2003 CLASS AAA STATE BASKETBALL CROWN, THE FIRST-EVER STATE TITLE FOR THE BERKELEY COUNTY SCHOOL.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 679 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAYCE-WEST COLUMBIA LIONS CLUB ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO COMMEND ALL OF ITS MEMBERS, PAST AND PRESENT, FOR

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THEIR WONDERFUL CONTRIBUTIONS TO THEIR COMMUNITY, STATE, AND NATION.

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

INTRODUCTION OF BILLS

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

H. 4156 (Word version) -- Reps. Rutherford, G. M. Smith, Weeks, Sheheen, Parks, Allen, Altman, Battle, Branham, Breeland, J. Brown, Gourdine, J. Hines, M. Hines, Howard, Lucas, Mahaffey, Miller, Moody-Lawrence, J. H. Neal, Rivers and Sinclair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-915 SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT COMMENCE A TRIAL OR ANOTHER PROCEEDING, OR REQUIRE AN ATTORNEY TO APPEAR OR BE PRESENT IN COURT, ON SATURDAY OR SUNDAY, EXCEPT IN THE CASE OF EMERGENCIES.
Referred to Committee on Judiciary

H. 4157 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-155 SO AS TO PROVIDE THAT ANY PERMIT DECISION MADE BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT OR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IS NOT SUBJECT TO AN AUTOMATIC STAY BY THE FILING OF A NOTICE OF APPEAL AND THAT A STAY MAY ONLY BE ISSUED BY AN ADMINISTRATIVE LAW JUDGE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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H. 4158 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO HIGHWAY PATROL, SUBARTICLE 1 WRECKER REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2821, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

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

S. 424 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-235 SO AS TO PROVIDE THAT AGENCIES WHICH EMPLOY LAW ENFORCEMENT OFFICERS TO ENFORCE THE TRAFFIC LAWS OF THIS STATE MUST COLLECT AND MAINTAIN CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT INCLUDING, BUT NOT LIMITED TO, THE RACE OR ETHNICITY OF THE DRIVER STOPPED; AND TO REPEAL SECTION 23-1-235 RELATING TO THE COLLECTION AND MAINTENANCE OF CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT BY LAW ENFORCEMENT OFFICERS.
Referred to Committee on Judiciary

S. 433 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 15 SO AS TO ENACT THE SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE DWELLING

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CONSTRUCTION DEFECTS ACT TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A RESIDENTIAL DWELLING, TO REQUIRE A CLAIMANT TO COMPLY WITH THESE PROCEDURES BEFORE COMMENCING LITIGATION FOR A CONSTRUCTION DEFECT, AND TO PROHIBIT A PERSON FROM PROVIDING ANYTHING OF MONETARY VALUE TO A PROPERTY MANAGER OR A MEMBER OR OFFICER OF AN EXECUTIVE BOARD OF A HOMEOWNER'S ASSOCIATION TO INDUCE THE INDIVIDUAL TO ENCOURAGE OR DISCOURAGE THE ASSOCIATION TO FILE A CLAIM FOR CONSTRUCTION DEFECTS AND TO PROVIDE PENALTIES FOR SUCH VIOLATION.
Referred to Committee on Judiciary

S. 449 (Word version) -- Senator Leatherman: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO UPDATE REFERENCES TO NATIONALLY RECOGNIZED BUILDING CODE ORGANIZATIONS AND MODIFY THE PROCEDURE BY WHICH BUILDING CODES ARE ADOPTED.
Referred to Committee on Labor, Commerce and Industry

S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes and Setzler: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN

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YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.
Referred to Committee on Ways and Means

S. 591 (Word version) -- Senators McConnell and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-75, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION; TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED PRIOR TO

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THE 2004 GENERAL ELECTION BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; TO PROVIDE THAT, IF THIS ACT IS INVALIDATED BY A COURT DECISION OR OBJECTED TO BY THE DEPARTMENT OF JUSTICE, THE SENATE ELECTIONS IN 2004 SHALL BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; AND TO REPEAL SECTION 2-1-65, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE WERE FORMERLY ELECTED.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

The following was introduced:

H. 4160 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA GENERAL TO THE W. WYMAN KING ACADEMY "LADY KNIGHTS" BASKETBALL TEAM OF LEXINGTON COUNTY AND TO HEAD COACH JOEY LONG ON CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION 2003 CLASS A GIRLS' STATE BASKETBALL CHAMPIONSHIP TITLE.

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

ROLL CALL

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                 Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Printed Page 2972 . . . . . Tuesday, May 6, 2003

Gourdine               Govan                  Hagood
Hamilton               Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Howard
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Richardson
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Sheheen
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 6.

Karl Allen                        Bill Cotty
Robert Harrell                    Anne Parks
Joseph Neal                       Fletcher Smith
Gary Simrill                      Ralph Davenport
Becky Martin                      Douglas Jennings

Total Present--116

LEAVE OF ABSENCE

The SPEAKER granted Rep. WITHERSPOON a leave of absence to attend a National Produce Council Meeting in Newark, New Jersey.

Printed Page 2973 . . . . . Tuesday, May 6, 2003

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. VAUGHN a leave of absence for the week due to illness in the family.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HOSEY a leave of absence to host the Grand Masters Grand Chapters Conference in Myrtle Beach.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. David Hiott of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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

Printed Page 2974 . . . . . Tuesday, May 6, 2003

CO-SPONSOR ADDED

Bill Number:   H. 4124 (Word version)
Date:   ADD:
05/06/03   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 3214 (Word version)
Date:   ADD:
05/06/03   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 3214 (Word version)
Date:   ADD:
05/06/03   J. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4017 (Word version)
Date:   ADD:
05/06/03   LOURIE

H. 4118--DEBATE ADJOURNED

Rep. HAYES moved to adjourn debate upon the following Joint Resolution until Tuesday, May 13, which was adopted:

H. 4118 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ELEVEN MILL INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, AND ENDING JUNE 30, 2004.

ORDERED TO THIRD READING

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

S. 657 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, ARE

Printed Page 2975 . . . . . Tuesday, May 6, 2003
EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 107 (Word version) -- Senators Hayes, Ritchie and Ravenel: A BILL TO AMEND SECTION 6-4-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO ELEVEN, BY ADDING ONE MEMBER ON THE RECOMMENDATION OF THE SOUTH CAROLINA ARTS COMMISSION AND ONE MEMBER AT LARGE.

Rep. SINCLAIR explained the Bill.

S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE

Printed Page 2976 . . . . . Tuesday, May 6, 2003
ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.

Rep. SINCLAIR explained the Bill.

S. 648 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 2825, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MACK explained the Joint Resolution.

H. 4132 (Word version) -- Reps. Sheheen, Cotty and Coleman: A BILL TO AMEND CHAPTER 27, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAKE WYLIE MARINE COMMISSION, SO AS TO DESIGNATE SECTIONS 49-27-10 THROUGH 49-27-90 AS ARTICLE 1, AND BY ADDING ARTICLE 3 SO AS TO ESTABLISH THE LAKE WATEREE MARINE COMMISSION AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR IMMUNITY FOR AN OFFICER OF THE LAKE WATEREE MARINE COMMISSION FOR CERTAIN ACTIONS WHEN ACTING IN HIS OFFICIAL CAPACITY WITHIN HIS TERRITORIAL JURISDICTION.

Rep. SHEHEEN explained the Bill.

H. 4149 (Word version) -- Rep. Anthony: A BILL TO AMEND SECTION 7-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN UNION COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN UNION COUNTY AND REDESIGNATE

Printed Page 2977 . . . . . Tuesday, May 6, 2003
A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

H. 3990 (Word version) -- Reps. Limehouse, Hagood, Breeland, Ceips, Hamilton, Harrell, Mack and Scarborough: A BILL TO AMEND ARTICLE 62, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARTIFICIAL REEF SPECIAL LICENSE PLATE, SO AS TO RENAME IT THE 'SALTWATER FISHING' SPECIAL LICENSE PLATE, AND PROVIDE THAT THE PORTION OF THE PROCEEDS COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE THAT WAS USED TO SUPPORT ARTIFICIAL REEF DEVELOPMENT, MAINTENANCE, AND MANAGEMENT MUST BE USED TO MANAGE AND CONSERVE THE MARINE RESOURCES OF THIS STATE.

Rep. LIMEHOUSE explained the Bill.

H. 3831--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3831 (Word version) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J. E. Smith, Talley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5419CM03), which was adopted:
Amend the bill, as and if amended, Section 56-15-440, as contained in SECTION 1, page 2, by striking lines 8 and 9, and inserting:
/ automobile dealer whose primary business is salvage motor vehicles, regulated by Title 56. /

Printed Page 2978 . . . . . Tuesday, May 6, 2003
When amended Section 56-15-440 shall read:
/   Section 56-15-440.   The provisions contained in Sections 56-15-410 and 56-15-420 shall not apply to a nonfranchised automobile dealer whose primary business is salvage motor vehicles, regulated by Title 56. /
Renumber sections to conform.
Amend title to conform.

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

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

S. 204--DEBATE ADJOURNED

Rep. PERRY moved to adjourn debate upon the following Bill until Wednesday, May 7, which was adopted:

S. 204 (Word version) -- Senators McConnell, Martin and Knotts: A BILL TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES, SO AS TO AUTHORIZE AN ADMINISTRATIVE LAW JUDGE TO USE MEDIATION AS PROVIDED IN THE SOUTH CAROLINA CIRCUIT COURT ALTERNATIVE DISPUTE RESOLUTION RULES; TO AMEND SECTION 6-29-800, RELATING TO THE POWERS OF A ZONING BOARD OF APPEALS, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-820, RELATING TO APPEAL FROM A ZONING BOARD OF APPEALS TO A CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-825, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A ZONING BOARD OF APPEALS DECISION; TO AMEND SECTION 6-29-830, RELATING TO THE NOTICE OF APPEAL FROM A ZONING BOARD OF APPEALS DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER

Printed Page 2979 . . . . . Tuesday, May 6, 2003
THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-840, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-890, RELATING TO AN APPEAL TO A BOARD OF ARCHITECTURAL REVIEW, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-900, RELATING TO AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW TO THE CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-915, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION; TO AMEND SECTION 6-29-920, RELATING TO THE NOTICE OF APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-930, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-1150, RELATING TO AN APPEAL FROM A DECISION OF A PLANNING COMMISSION, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION THAT, WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET, AND THAT, IF ANY PARTY SO REQUESTS, THE
Printed Page 2980 . . . . . Tuesday, May 6, 2003
APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-9-1155, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A PLANNING COMMISSION DECISION; AND TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING ARTICLE 9, SO AS TO PROVIDE EDUCATIONAL REQUIREMENTS FOR ZONING OFFICIALS AND EMPLOYEES AND TO CREATE AN ADVISORY COMMITTEE TO APPROVE COURSES FOR ORIENTATION AND CONTINUING EDUCATION PROGRAMS.

H. 3563--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3563 (Word version) -- Rep. Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-1-100 SO AS TO PROVIDE THAT A STRAW THAT IS DISTRIBUTED IN A RESTAURANT OR ANOTHER PUBLIC PLACE MUST BE COVERED IN A WRAPPER.

Rep. HOWARD explained the Bill.

Reps. LITTLEJOHN, ALTMAN, STEWART, LEACH, COTTY, KENNEDY, YOUNG, SKELTON, MOODY-LAWRENCE, DUNCAN, TAYLOR and W. D. SMITH requested debate on the Bill.

H. 3701--POINT OF ORDER

The following Bill was taken up:

H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, Mahaffey, Neilson, Parks, M. A. Pitts, Altman, Toole, Umphlett and Walker: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.

Printed Page 2981 . . . . . Tuesday, May 6, 2003
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9792SL03):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION   1.   Section 59-17-135 of the 1976 Code, as added by Act 4 of 2001, is amended by adding appropriately lettered subsections at the end to read:

"( )   Each teacher in a public school of this State shall indicate a conduct grade on a student's report card for each subject taught. However, if a teacher provides instruction in more than one subject to the same student, an overall conduct grade may be issued. Conduct grades must be indicated by the letter 'S' for satisfactory, 'N' for needs improvement, or 'U' for unsatisfactory. If a student receives a letter grade of 'N' or 'U', a teacher comment must be provided as an explanation of the grade. Comments for a student receiving a letter grade of 'S' are optional. Conduct grades are intended to provide parents or guardians with an assessment of student behavior and must not be included as part of a student's transcript.

( )   A school or district with a conduct grading program in place may have the program reviewed by the State Department of Education, Office of Character Education to determine whether the program meets the intent of this section. If a determination is made that the intent is met, the Office of Character Education may grant permission for continuation of the current program."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.

POINT OF ORDER

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

Printed Page 2982 . . . . . Tuesday, May 6, 2003

S. 228--RECONSIDERED AND DEBATE ADJOURNED

Rep. HARRISON moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to:

S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.

Rep. HARRISON moved to adjourn debate on the Bill until Wednesday, May 7, which was agreed to.

Printed Page 2983 . . . . . Tuesday, May 6, 2003

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall S. 288 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.

S. 414--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Labor, Commerce and Industry:

S. 414 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRELICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.

H. 3903--DEBATE ADJOURNED ON MOTION TO RECONSIDER

The motion of Rep. MERRILL to reconsider the vote whereby the following Bill was rejected was taken up:

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

Rep. LIMEHOUSE moved to adjourn debate on the motion to reconsider until Wednesday, May 7.

Printed Page 2984 . . . . . Tuesday, May 6, 2003
Rep. KIRSH moved to table the motion.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Yeas 27; Nays 76

Those who voted in the affirmative are:

Altman                 Bales                  Cobb-Hunter
Coleman                Cooper                 Frye
Gourdine               Hamilton               Haskins
Kennedy                Kirsh                  Lee
Loftis                 Lourie                 Mack
McCraw                 Neilson                Ott
Owens                  Parks                  Perry
Phillips               Richardson             Rutherford
Skelton                Stille                 Weeks

Total--27

Those who voted in the negative are:

Allen                  Anthony                Bailey
Barfield               Battle                 Bingham
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Cotty
Delleney               Duncan                 Edge
Freeman                Gilham                 Govan
Hagood                 Harrell                Harrison
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Huggins
Keegan                 Koon                   Leach
Limehouse              Littlejohn             Lloyd
Lucas                  Mahaffey               McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Scott
Sheheen                Sinclair               D. C. Smith
F. N. Smith            G. M. Smith            J. E. Smith
Printed Page 2985 . . . . . Tuesday, May 6, 2003

J. R. Smith            Talley                 Taylor
Thompson               Tripp                  Umphlett
Viers                  Walker                 Whipper
White                  Whitmire               Wilkins
Young

Total--76

So, the House refused to table the motion to adjourn debate on the motion to reconsider.

The question then recurred to the motion to adjourn debate on the motion to reconsider until Wednesday, May 7, which was agreed to by a division vote of 65 to 28.

RECURRENCE TO THE MORNING HOUR

Rep. F. N. SMITH moved that the House recur to the Morning Hour, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4161 (Word version) -- Reps. Parks, 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, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH

Printed Page 2986 . . . . . Tuesday, May 6, 2003
CAROLINA HOUSE OF REPRESENTATIVES TO REVEREND CHRIS GARRISON AND THE MEMBERS OF BOLD SPRING BAPTIST CHURCH OF THE CALLISON COMMUNITY OF GREENWOOD COUNTY ON THE OCCASION OF THEIR SESQUICENTENNIAL CELEBRATION ON SUNDAY, JUNE 22, 2003.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4162 (Word version) -- Rep. Stewart: A HOUSE RESOLUTION TO EXTEND THE WELCOME OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO DR. STEFANO MOCIO, VICE MAYOR OF ORVIETO, ITALY, TO AIKEN, SOUTH CAROLINA, ORVIETO'S PARTNER IN FRIENDSHIP, AND TO DEMONSTRATE THE MEMBERS' APPRECIATION FOR DR. MOCIO'S COMMITMENT TO HELPING THE RESIDENTS OF THE CITY OF AIKEN TO UNDERSTAND THE INTRICACIES OF ITALIAN CULTURE.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4163 (Word version) -- Reps. Thompson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 10-1-215 AND 57-3-605 SO AS TO PROVIDE, RESPECTIVELY, THAT NO BUILDING OR PROPERTY OWNED, OPERATED, OR LEASED BY THE STATE OR ANY ROAD, HIGHWAY, INTERSTATE HIGHWAY, BRIDGE, OR INTERCHANGE MAY BE NAMED FOR A PERSON WHO IS LIVING.
Referred to Committee on Judiciary

H. 4164 (Word version) -- Rep. Hagood: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE

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SUPERINTENDENT OF EDUCATION OF CHARLESTON COUNTY IS THE CHIEF EXECUTIVE OFFICER OF THE DISTRICT AND TO PROVIDE FOR HIS SELECTION, DUTIES, AND POWERS, TO REVISE AND FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT, TO FURTHER PROVIDE FOR THE POWERS OF EACH OF THE CONSTITUENT DISTRICT BOARDS OF TRUSTEES AND THE MANNER IN WHICH THESE POWERS ARE EXERCISED, AND TO DELETE PROVISIONS RELATING TO EMPLOYMENT OF TEACHERS AND PERSONNEL AND THE TRANSFER OF TEACHERS.
Referred to Charleston Delegation

H. 4165 (Word version) -- Reps. Lourie, J. E. Smith and Rivers: A BILL TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE STATE BOARD OF EDUCATION, SO AS TO ADD A NONVOTING MEMBER TO BE APPOINTED BY THE GOVERNOR TO REPRESENT THE MILITARY COMMUNITY.
Referred to Committee on Education and Public Works

H. 4166 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-10-110 SO AS TO AUTHORIZE A CORPORATION, BY AMENDMENT OF ITS ARTICLES OF INCORPORATION, TO CONVERT TO A NONPROFIT PUBLIC BENEFIT CORPORATION OR A NONPROFIT MUTUAL BENEFIT CORPORATION, TO PROVIDE FOR THE EFFECTIVE DATE OF THE CONVERSION, THE REQUIREMENTS FOR THE AMENDMENTS TO THE ARTICLES, AND THE VOTING REQUIREMENT FOR ANY SHAREHOLDERS; AND TO AMEND SECTION 33-31-401, RELATING TO THE NAME OF A NONPROFIT CORPORATION, SO AS TO PROVIDE THAT A CORPORATION THAT CONVERTS TO NONPROFIT MAY CONTINUE TO USE ITS ORIGINAL NAME.
Referred to Committee on Judiciary

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

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RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4033 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO DESIGNATE AUGUST 9, 2003, AS THE FIRST ANNUAL NATIONAL MARINA DAY IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND MAKE CITIZENS, POLICYMAKERS, AND EMPLOYEES MORE AWARE OF THE OVERALL CONTRIBUTIONS TO THEIR WELL-BEING, AND TO REQUEST THAT OUR STATE JOIN HANDS WITH OTHER STATES AND THOUSANDS OF WATERFRONT COMMUNITIES ACROSS THE UNITED STATES IN CELEBRATING THIS DAY.

ADJOURNMENT

At 1:00 p.m. the House, in accordance with the motion of Rep. TAYLOR, adjourned in memory of Jurell Byrd, Sr., to meet at 10:00 a.m. tomorrow.

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