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

Printed Page 700 . . . . . Thursday, January 30, 2003

Thursday, January 30, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for the day is from Psalm 71: "Be my rock of refuge, to which I can always go; give the command to save me for You are my rock and my fortress."
Let us pray. Each day begins with Your mercy, Lord, whether we feel troubled or calm, strong or ill. We need the renewal that comes from You. Bless all who gather today to do the work for Your people. Provide us with the mind, energy, heart, and wisdom to do our best. Hear our prayer, O God of might. 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 yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. COTTY moved that when the House adjourns, it adjourn in memory of Wesley Brown, which was agreed to.

INTRODUCTION OF BILLS

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

H. 3473 (Word version) -- Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn and Witherspoon: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN

Printed Page 701 . . . . . Thursday, January 30, 2003
REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.
Referred to Committee on Judiciary

H. 3474 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 8 AND 12 AND NEW VOLUMES 7A AND 12A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2003.
On motion of Rep. HARRISON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3475 (Word version) -- Reps. F. N. Smith and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO REQUIRE ALL COUNTIES TO RECOGNIZE MARTIN LUTHER KING, JR. DAY AS A COUNTY HOLIDAY.
Referred to Committee on Judiciary

H. 3480 (Word version) -- Reps. Kirsh and Richardson: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO ESTABLISH AN OUTSIDE LIMITATION OF SIX YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.
Referred to Committee on Judiciary

H. 3481 (Word version) -- Rep. White: A BILL TO IMPOSE A DISPOSAL FEE EQUAL TO ONE CENT ON EACH COPY OF A DAILY NEWSPAPER PUBLISHED AND CIRCULATED IN ANDERSON COUNTY, TO PROVIDE THE FEE REVENUES MUST BE CREDITED TO A SEPARATE FUND AND USED ONLY FOR ANTI-LITTER AND NEWSPRINT RECYCLING PROGRAMS, TO

Printed Page 702 . . . . . Thursday, January 30, 2003
PROVIDE FOR THE MONTHLY PAYMENT OF THE FEE, AND TO PROVIDE A CIVIL PENALTY TO ENFORCE THE FEE.
Rep. WHITE asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. OTT objected.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

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

H. 3476 (Word version) -- Rep. Mahaffey: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE JAMES F. BYRNES HIGH SCHOOL REBELS FOOTBALL TEAM, HEAD COACH BOBBY BENTLEY, AND OTHER SCHOOL OFFICIALS ON FEBRUARY 6, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR WINNING THE 2002 CLASS AAAA DIVISION II STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the members of the James F. Byrnes High School Rebel Football Team, Head Coach Bobby Bentley, and other school officials on February 6, 2003, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for winning the 2002 Class AAAA Division II State Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3477 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION ESTABLISHING THE HOUSE OF REPRESENTATIVES FRIVOLOUS LAWSUIT STUDY COMMITTEE AND PROVIDING FOR ITS MEMBERSHIP, DUTIES, AND DURATION, AND REQUIRING THE COMMITTEE TO MAKE ITS REPORT AND

Printed Page 703 . . . . . Thursday, January 30, 2003
RECOMMENDATIONS TO THE HOUSE NO LATER THAN JANUARY 14, 2004.
The Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3478 (Word version) -- Rep. Mahaffey: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE JAMES F. BYRNES HIGH SCHOOL REBELS FOOTBALL TEAM FOR WINNING THE 2002 CLASS AAAA DIVISION II STATE CHAMPIONSHIP FRIDAY, DECEMBER 6, 2002.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3479 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO RESCIND THE DECISIONS TO JOIN THE NORTH AMERICAN FREE TRADE AGREEMENT AND THE GENERAL AGREEMENT ON TARIFFS AND TRADE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bowers                 Branham
Breeland               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cobb-Hunter            Coleman                Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Gilham                 Gourdine
Govan                  Hagood                 Hamilton
Printed Page 704 . . . . . Thursday, January 30, 2003

Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Howard                 Huggins
Keegan                 Kennedy                Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Talley                 Taylor
Thompson               Toole                  Trotter
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 Thursday, January 30.

Ronald Townsend                   Daniel Cooper
Larry Koon                        Lewis Vaughn
William Witherspoon               Kenny Bingham
Becky Martin                      Harry Stille
Herb Kirsh                        William Clyburn
Fletcher Smith                    Grady Brown
Marion Frye
Joseph Neal   Todd Rutherford

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. TRIPP a leave of absence for the day to attend a Health Care Conference in Washington, D.C.

Printed Page 705 . . . . . Thursday, January 30, 2003

LEAVE OF ABSENCE

The SPEAKER granted Rep. JENNINGS a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Gerald A. Wilson of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. CHELLIS and YOUNG and the Dorchester Delegation presented to the House the Summerville High School Green Wave Girls Volleyball Team, the 2002 Class AAAA State Champions, their coaches, and other school officials.

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."

CO-SPONSOR ADDED

Bill Number:   H. 3232 (Word version)
Date:   ADD:
01/30/03   LOURIE

Printed Page 706 . . . . . Thursday, January 30, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
01/30/03   COOPER

CO-SPONSOR ADDED

Bill Number:   H. 3190 (Word version)
Date:   ADD:
01/30/03   COOPER

CO-SPONSOR ADDED

Bill Number:   H. 3344 (Word version)
Date:   ADD:
01/30/03   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3344 (Word version)
Date:   ADD:
01/30/03   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 3344 (Word version)
Date:   ADD:
01/30/03   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3344 (Word version)
Date:   ADD:
01/30/03   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 3125 (Word version)
Date:   ADD:
01/30/03   MARTIN

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 3430 (Word version) -- Reps. Phillips, Littlejohn and McCraw: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON

Printed Page 707 . . . . . Thursday, January 30, 2003
DECEMBER 4, 5, AND 6, 2002, AND JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE 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.

H. 3436 (Word version) -- Reps. Young, Chellis, Bailey and Harrell: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.

H. 3377 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE SCHOOL WEEK OF DECEMBER 2 THROUGH DECEMBER 6, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE 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.

H. 3233 (Word version) -- Reps. Talley, Altman, Walker and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

H. 3208--MOTION TO RECONSIDER TABLED AND SENT TO THE SENATE

The motion of Rep. HARRISON to reconsider the vote whereby the following Bill was given a second reading was taken up:

H. 3208 (Word version) -- Reps. Wilkins, Harrison, Altman, Stille, Bailey, Walker, Sandifer, Young, Keegan, Simrill, Witherspoon, Littlejohn,

Printed Page 708 . . . . . Thursday, January 30, 2003
Richardson, Kirsh, Taylor, Delleney, Ceips, McLeod, J. E. Smith, Bingham, Toole, Duncan, Mahaffey, Hinson, Viers, White and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES AND TO REQUIRE AN ANNUAL REPORT OF ALL EXPENDITURES TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES UNLESS OTHERWISE EXEMPTED; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO INFORMATION EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A DOCUMENT REFLECTING THE FINAL FINANCIAL COMMITMENT BY A PUBLIC BODY IS A COVERED DOCUMENT OF, OR INCIDENTAL TO, A PROPOSED CONTRACTUAL ARRANGEMENT AND A PROPOSED SALE OR PURCHASE OF PROPERTY AND THEREFORE SUBJECT TO DISCLOSURE AS PRESCRIBED, THAT A CONTRACT RELATED TO EFFORTS OR ACTIVITIES OF A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST IN THIS STATE IS EXEMPT ONLY UNTIL THE BUSINESS OR INDUSTRY PUBLICLY ANNOUNCES ITS PROJECT OR THE COUNCIL EXECUTES A FINAL CONTRACT, AND THAT DOCUMENTATION OF EFFORTS OR ACTIVITIES OF A PUBLIC BODY OR ONE ACTING FOR A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST WITHIN SOUTH CAROLINA IS EXEMPT FROM DISCLOSURE UNLESS THE DOCUMENTS RELATE TO THE FINANCIAL COMMITMENT BY A PUBLIC BODY, WHICH DOCUMENTATION LOSES ITS EXEMPTION ONCE THE BUSINESS OR INDUSTRY HAS PUBLICLY ANNOUNCED ITS
Printed Page 709 . . . . . Thursday, January 30, 2003
PROJECT OR THE COUNCIL HAS EXECUTED A FINAL CONTRACT.

Rep. HARRISON moved to table the motion to reconsider, which was agreed to.

The Bill was read the third time and ordered sent to the Senate.

H. 3448--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.

Reps. CATO, J. R. SMITH, RICHARDSON, MOODY-LAWRENCE, WALKER, J. BROWN, HOSEY, PERRY, D. C. SMITH, HERBKERSMAN, CEIPS, THOMPSON, OTT, SANDIFER, WHITMIRE, WHITE, DANTZLER, HINSON, and WEEKS requested debate on the Bill.

H. 3454--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3454 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2629, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LOFTIS explained the Joint Resolution.

Printed Page 710 . . . . . Thursday, January 30, 2003

POINT OF ORDER

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

H. 3344--POINT OF ORDER

The following Bill was taken up:

H. 3344 (Word version) -- Reps. Cato, Kirsh, Jennings, Battle, Harvin, J. E. Smith, Sheheen, Thompson, Trotter, Bingham, Chellis, Edge, Hamilton, Harrell, Harrison, Kennedy, Quinn, Richardson, Rutherford, Sandifer, Scarborough, W. D. Smith, Young, Barfield, Breeland, J. Brown, Clyburn, Cotty, Haskins, Huggins, Lourie, Merrill, Perry, Rice, Simrill, Taylor, Umphlett, Witherspoon, Bales, Lloyd, McCraw, Tripp, Walker, Limehouse, Hagood, Toole, Hinson, Loftis and Weeks: A BILL TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "BROADBAND SERVICE"; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION.

POINT OF ORDER

Rep. CATO 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.

SENT TO THE SENATE

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

H. 3206 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Stille, Taylor, Bailey, Delleney, Ceips, Walker, Bales, Mahaffey, G. M. Smith,

Printed Page 711 . . . . . Thursday, January 30, 2003
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 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
Printed Page 712 . . . . . Thursday, January 30, 2003
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 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
Printed Page 713 . . . . . Thursday, January 30, 2003
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 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
Printed Page 714 . . . . . Thursday, January 30, 2003
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 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.

Printed Page 715 . . . . . Thursday, January 30, 2003

H. 3263--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3263 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION MOVE A PORTION OF THE PROJECTED "CAROLINA BAYS PARKWAY" IN HORRY COUNTY BETWEEN HIGHWAY 544 AND HIGHWAY 501 THREE HUNDRED YARDS TO THE NORTHWEST TOWARDS CONWAY TO AVOID THE HUNTERS RIDGE COMMUNITY.

Whereas, the projected plans for the "Carolina Bays Parkway" provide that the parkway go through the Hunters Ridge community; and

Whereas, the Hunters Ridge community is immensely affected by the plans for the new parkway; and

Whereas, fourteen homes are in the direct path of the proposed parkway and are completely displaced by the plans for the parkway, and even the surrounding homes that are not in the direct path are adversely affected by a major roadway invading the neighborhood; and

Whereas, it is the sentiment of the citizens of the Hunters Ridge community and the members of the General Assembly that the projected "Carolina Bays Parkway" be moved three hundred yards to the northwest to avoid the devastating impact of the current proposed plan on the community. Now, therefore,

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

That the members of the General Assembly request that the Department of Transportation move a portion of the projected "Carolina Bays Parkway" in Horry County between Highway 544 and Highway 501 three hundred yards to the northwest towards Conway to avoid the Hunters Ridge community.

Printed Page 716 . . . . . Thursday, January 30, 2003
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

S. 236--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

S. 236 (Word version) -- Senators Gregory and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BEAVER CREEK BRIDGE ON SOUTH CAROLINA HIGHWAY 97 IN KERSHAW COUNTY IN HONOR OF THE LATE SENIOR STATE TROOPER MICHAEL J. RAO AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE BRIDGE CONTAINING THE WORDS "SENIOR TROOPER MICHAEL J. RAO BRIDGE".

Rep. SHEHEEN moved to adjourn debate on the Resolution until Tuesday, February 4, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.
Ordered for consideration tomorrow.

Printed Page 717 . . . . . Thursday, January 30, 2003

INTRODUCTION OF BILLS

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

H. 3482 (Word version) -- Rep. Bingham: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.
Referred to Committee on Judiciary

H. 3483 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 1-30-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT A DIRECTOR APPOINTED BY THE GOVERNOR IS THE GOVERNING AUTHORITY OF THE DEPARTMENT; TO AMEND SECTION 48-4-60, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR THE APPOINTMENT, POWERS, AND DUTIES OF THE DIRECTOR; TO REPEAL SECTIONS 48-4-30, 48-4-40, AND 50-3-10, RELATING TO THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE OR CORRECT ALL REFERENCES TO THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES IN THE 1976 CODE TO REFLECT THE REPEAL OF THE BOARD AND THE TRANSFER OF ITS POWERS, DUTIES, AND FUNCTIONS TO THE DEPARTMENT OF NATURAL RESOURCES.
Referred to Committee on Judiciary

Printed Page 718 . . . . . Thursday, January 30, 2003
H. 3484 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 12-6-1130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MODIFICATIONS TO SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO DISALLOW AMOUNTS DEDUCTED BY AN INDIVIDUAL ON THAT INDIVIDUAL'S FEDERAL INCOME TAX RETURN FOR CHARITABLE CONTRIBUTIONS TO ENTITIES WHO APPLY LESS THAN SEVENTY-FIVE PERCENT OF TOTAL AMOUNTS COLLECTED TO THE ENTITY'S CHARITABLE PURPOSE AS CERTIFIED BY THE SECRETARY OF STATE.
Referred to Committee on Ways and Means

H. 3485 (Word version) -- Reps. Moody-Lawrence, Govan, J. H. Neal, Hosey, J. Hines, R. Brown, Whipper, Breeland, Anthony, Bales, J. Brown, Freeman, Littlejohn, Lloyd, Mahaffey, Martin, Neilson, Rutherford and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-520 SO AS TO PROVIDE THAT IN ALLOCATING THE USE OF ADDITIONAL FUNDING TO ASSIST UNDER-PERFORMING STUDENTS AS DETERMINED UNDER THE EDUCATION ACCOUNTABILITY ACT, SCHOOL DISTRICTS SHALL ALLOCATE AT LEAST TWENTY-FIVE PERCENT OF THESE FUNDS TO INFRASTRUCTURE RESOURCES DESIGNED TO HELP THESE STUDENTS INCLUDING, BUT NOT LIMITED TO, INVESTMENTS IN NEW OR UPGRADED COMPUTERS, COMPUTER SOFTWARE, AND ACCESS TO ELECTRONIC OR AUDIO VISUAL PROGRAMS.
Referred to Committee on Education and Public Works

H. 3486 (Word version) -- Reps. Moody-Lawrence, Bales, Govan, Simrill, J. H. Neal, Martin, Hosey, J. Hines, Breeland, Anthony, Branham, G. Brown, J. Brown, R. Brown, Gourdine, Hamilton, Hayes, M. Hines, Lloyd, Neilson, Rivers, Rutherford, Snow, Weeks and Whipper: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO PROVIDE THAT SCHOOL BUS DRIVERS EMPLOYED BY A SCHOOL DISTRICT ARE CONSIDERED FULL-TIME SCHOOL DISTRICT EMPLOYEES FOR PURPOSES OF STATE HEALTH AND

Printed Page 719 . . . . . Thursday, January 30, 2003
DENTAL INSURANCE PLANS REGARDLESS OF THE NUMBER OF HOURS ACTUALLY WORKED.
Referred to Committee on Ways and Means

H. 3487 (Word version) -- Reps. Moody-Lawrence, Govan, J. H. Neal, Hosey, J. Hines, Breeland, Anthony, Branham, J. Brown, R. Brown, Gourdine, Keegan, Littlejohn, Lloyd, Rivers, Rutherford, Snow, Weeks and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-510 SO AS TO PROVIDE THAT UNDER THE EDUCATION ACCOUNTABILITY ACT TEST PERFORMANCE MUST NOT BE THE SOLE DETERMINANT IN DECISIONS REGARDING PROMOTION, RETENTION, OR GROUPING OF STUDENTS OR THE PERFORMANCE OF SCHOOLS, AND TO PROVIDE FOR THE MANNER IN WHICH STANDARDIZED TESTS MAY BE CONSIDERED FOR THESE DECISION-MAKING PURPOSES.
Referred to Committee on Education and Public Works

H. 3488 (Word version) -- Reps. Lourie, Emory, Govan, McGee and D. C. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-630 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON EACH CIGARETTE SUBJECT TO THE LICENSE TAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.65 CENTS ON EACH CIGARETTE, TO PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF THIS ADDITIONAL TAX, AND TO ESTABLISH THE MEDICAID MATCH FUND TO RECEIVE THE REVENUE OF THIS TAX AND PROVIDE FOR THE USE OF THIS FUND.
Referred to Committee on Ways and Means

H. 3489 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-925 SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK OR BY OTHER SPECIFIED METHODS; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE

Printed Page 720 . . . . . Thursday, January 30, 2003
LOCAL GOVERNMENT FUND, SO AS TO FURTHER PROVIDE FOR THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS IN MINIBOTTLES OR BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN
Printed Page 721 . . . . . Thursday, January 30, 2003
SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AS WELL AS IN MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO AMEND SECTION 61-12-10, AS AMENDED, RELATING TO THE DISTRIBUTION OF CERTAIN REVENUE FOR ALCOHOL AND DRUG PROGRAMS, SO AS TO REVISE A REFERENCE NECESSITATED BY THE ABOVE PROVISIONS; AND TO REPEAL SECTION 12-33-245 RELATING TO THE TWENTY-FIVE CENTS EXCISE TAX ON MINIBOTTLES.
Referred to Committee on Ways and Means

H. 3490 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE THE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING DELETING THE PROVISION THAT ON-PREMISES ESTABLISHMENTS ARE LICENSED TO SELL ALCOHOLIC LIQUORS AND BEVERAGES ONLY IN SEALED CONTAINERS OF TWO OUNCES OR LESS, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THE SALE OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING PROVISIONS CONCERNING THE RIGHT TO SELL ALCOHOLIC LIQUORS AND BEVERAGES IN

Printed Page 722 . . . . . Thursday, January 30, 2003
CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Referred to Committee on Judiciary

H. 3491 (Word version) -- Reps. Sheheen, Bales, Merrill, G. M. Smith and Lucas: 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, AND SUPERINTENDENT OF EDUCATION 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 THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; 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; PROPOSING AN AMENDMENT TO ARTICLE VI, RELATING TO STATE OFFICERS BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED UPON THE ATTORNEY GENERAL IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
Referred to Committee on Judiciary

Printed Page 723 . . . . . Thursday, January 30, 2003

HOUSE RESOLUTION

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

H. 3492 (Word version) -- Reps. Cato, Cooper, Hayes, Stille, Taylor and M. A. Pitts: A HOUSE RESOLUTION TO PROCLAIM THE MONTH OF MARCH, 2003, AS NATIONAL ATHLETIC TRAINING MONTH IN SOUTH CAROLINA AND TO COMMEND THE ATHLETIC TRAINING PROFESSION FOR ITS ROLE IN PROVIDING QUALITY CARE TO ATHLETES AND OTHERS ENGAGING IN PHYSICAL ACTIVITY.

Whereas, quality health care is vital for individuals involved in physical activity, and certified athletic trainers are a major provider of care and assistance to athletes and others who engage in physical activity; and

Whereas, athletic trainers undergo nationally regulated educational processes where they acquire skills, knowledge, and specific tasks necessary to provide quality health care to athletes and those engaged in physical activity, and in 1990 the American Medical Association recognized athletic trainers as an allied health profession; and

Whereas, certified athletic trainers provide many important services such as prevention of injuries and recognition, evaluation, and treatment of certain injuries, rehabilitation, health care administration, education, and guidance; and

Whereas, there are more than thirty thousand certified athletic trainers in the United States who are employed in professional sports, colleges and universities, high schools, clinics and hospitals, and in corporate and industrial settings; and

Whereas, the members of the House of Representatives, by this resolution, would like to raise public awareness of the importance of the athletic training profession and emphasize the importance of quality health care for athletes and those engaged in physical activity within the settings referred to above. Now, therefore,

Be it resolved by the House of Representatives:

Printed Page 724 . . . . . Thursday, January 30, 2003
That the members of the South Carolina House of Representatives, by this resolution, proclaim the month of March, 2003, as National Athletic Training Month in South Carolina and commend the athletic training profession for its role in providing quality care to athletes and others engaging in physical activity.

Be it further resolved that a copy of this resolution be forwarded to David E. Barnes, President of the South Carolina Athletic Trainers Association.

The Resolution was adopted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3265 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTIONS OF SOUTH CAROLINA HIGHWAY 421 IN AIKEN COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 1 TO ITS INTERSECTION WITH LEE DRIVE, AND FROM ITS INTERSECTION WITH DIXIE CLAY ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 125 AS "VETERANS MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG BOTH PORTIONS OF SOUTH CAROLINA HIGHWAY 125 CONTAINING THE WORDS "VETERANS MEMORIAL HIGHWAY".

H. 3270 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN LAURENS COUNTY FROM ITS INTERSECTION WITH STAGE COACH ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 101 THE "DAVID S. TAYLOR, SR. MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "DAVID S. TAYLOR, SR. MEMORIAL HIGHWAY".

Printed Page 725 . . . . . Thursday, January 30, 2003
H. 3445 (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 RECOGNIZE JERMAINE O'NEAL OF COLUMBIA, FOR HIS OUTSTANDING RECORD AND MANY ACHIEVEMENTS AS A YOUNG AND TALENTED ATHLETE AND STAR BASKETBALL PLAYER, COMMEND HIM FOR HIS TREMENDOUS SUCCESS IN MAKING THE LEAP FROM EAU CLAIRE HIGH SCHOOL TO THE PROFESSIONAL RANKS OF THE NATIONAL BASKETBALL ASSOCIATION AND BECOMING A STAR PLAYER WITH THE PORTLAND TRAIL BLAZERS, SEVERAL ALL-STAR AND NATIONAL TEAMS, AND THE INDIANA PACERS; AND TO CONGRATULATE AND EXTEND EVERY GOOD WISH TO HIM ON THE OCCASION OF EAU CLAIRE HIGH SCHOOL RETIRING HIS JERSEY ON FEBRUARY 5, 2003, WHICH IS THE FIRST TIME A JERSEY HAS BEEN RETIRED AT EAU CLAIRE HIGH SCHOOL.

H. 3446 (Word version) -- Rep. Mahaffey: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS OF THE JAMES F. BYRNES HIGH SCHOOL REBEL REGIMENT BAND OF SPARTANBURG COUNTY ON THE OCCASION OF WINNING THEIR FIFTH CONSECUTIVE CLASS AAAA MARCHING BAND STATE CHAMPIONSHIP IN 2002.

Printed Page 726 . . . . . Thursday, January 30, 2003
H. 3463 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND TOM ROGERS OF MYRTLE BEACH FOR HIS OUTSTANDING SERVICE AS CHAIRMAN OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS AND CONGRATULATE HIM FOR HIS PERSONAL LEADERSHIP, AND THE MANY ACCOMPLISHMENTS OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS THAT BENEFIT THE MEMBER ORGANIZATIONS AND THOSE ENGAGED IN THE ENTERTAINMENT, HOSPITALITY, AND TOURISM INDUSTRY IN THE MYRTLE BEACH AREA DURING HIS TWO YEARS AS CHAIRMAN.

ADJOURNMENT

At 10:50 a.m. the House, in accordance with the motion of Rep. COTTY, adjourned in memory of Wesley Brown, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Wednesday, June 24, 2009 at 3:31 P.M.