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


Printed Page 728 . . . . . Tuesday, February 4, 2003

Tuesday, February 4, 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 the day is from Psalm 27:1: "The Lord is the stronghold of my life; of whom shall I be afraid?"
Let us pray. Almighty God, thank You for this country and for people who are willing to risk life for greater life. Have mercy on the families of the Columbia. Bless them with Your compassion and let them know of Your presence. Thank You for the opportunities that have allowed us to achieve so much for so many. May we accept these gifts in deep gratitude and use them for good. Bless these women and men with wisdom and good judgment. Hear our prayer, O God of mercy. 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. RHOAD moved that when the House adjourns, it adjourn in memory of the seven astronauts who perished in the Space Shuttle Columbia, which was agreed to.

STATEMENT BY SPEAKER WILKINS
AND SILENT PRAYER

The House will adjourn today in honor of the brave heroes we lost Saturday on the Space Shuttle Columbia.
I ask you now to stand in memory of the Columbia crew, six Americans and one Israeli:
Colonel Rick Husband
Lt. Colonel Michael Anderson
Commander Laurel Clark
Captain David Brown


Printed Page 729 . . . . . Tuesday, February 4, 2003

Commander William McCool
Dr. Kalpana Chawla
And, the first Israeli Astronaut and a Colonel in the Israeli Air Force:
Ilan Ramon
After the Challenger disaster in 1986, President Ronald Reagan said that the courageous crew had "slipped the surly bonds of earth to touch the face of God."
And now, as President Bush reminded us on Saturday, that same sovereign God is still in control: "The same Creator who names the stars also knows the names of the seven souls we mourn today. The crew of the shuttle Columbia did not return safely to Earth; yet we can pray that all are safely home."
In a moment of silence let us pray now for these lost heroes, their families, and our country. Amen.

HOUSE RESOLUTION

The following was introduced:

H. 3493 (Word version) -- Rep. Snow: A HOUSE RESOLUTION APPLAUDING HEAD COACH NATE THOMPSON OF GEORGETOWN COUNTY ON THE OCCASION OF HIS HARD-FOUGHT 2002 CLASS AA FOOTBALL CHAMPIONSHIP IN LEADING THE CARVERS BAY HIGH SCHOOL "BEARS" TO THE STATE TITLE IN ONLY THE THIRD YEAR OF THEIR FOOTBALL PROGRAM.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3494 (Word version) -- Rep. Snow: A CONCURRENT RESOLUTION CONGRATULATING THE CARVERS BAY HIGH SCHOOL "BEARS" ON THEIR CLASS AA STATE FOOTBALL CHAMPIONSHIP AND COMMENDING THE PLAYERS AND THE COACHES ON ACHIEVING THAT MARK IN ONLY THE THIRD YEAR OF THE "BEARS" FOOTBALL PROGRAM AT THE GEORGETOWN COUNTY SCHOOL.

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


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HOUSE RESOLUTION

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

H. 3495 (Word version) -- Rep. Snow: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CARVERS BAY HIGH SCHOOL "BEARS" FOOTBALL TEAM, HEAD COACH NATE THOMPSON, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR WINNING THE 2002 CLASS AA STATE FOOTBALL CHAMPIONSHIP AND ON ACHIEVING THAT MARK IN ONLY THE THIRD YEAR OF THE "BEARS" FOOTBALL PROGRAM AT THIS GEORGETOWN COUNTY SCHOOL.

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 Carvers Bay High School "Bears" Football Team, Head Coach Nate Thompson, and other school officials at a date and time to be determined by the Speaker, for the purpose of being recognized and congratulated on their winning the 2002 Class AA State Football Championship and on achieving that mark in only the third year of the "Bears" football program at this Georgetown County School.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 7 (Word version) -- Senators McConnell, Mescher, Grooms and Branton: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE HIGHWAY 26 FROM EXIT 199 TO EXIT 203 IN BERKELEY COUNTY AS THE "CORPORAL JEFF JOHNSON MEMORIAL HIGHWAY" IN MEMORY OF STATE TROOPER, CORPORAL JEFF JOHNSON, WHO WAS KILLED IN


Printed Page 731 . . . . . Tuesday, February 4, 2003

THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 311 (Word version) -- Senators Hawkins, Ravenel, Verdin, Ryberg, Fair, Branton, O'Dell, Mescher, Grooms, Hayes, Giese, Courson, J. V. Smith, Peeler, Rankin, Reese, McConnell, Richardson, Knotts, Ritchie, Setzler, Thomas and Gregory: A CONCURRENT RESOLUTION EXPRESSING RESOUNDING SUPPORT FOR PRESIDENT GEORGE W. BUSH'S RESOLVE IN CONFRONTING SADDAM HUSSEIN FOR HIS EXTENSIVE RECORD OF FLAGRANTLY DEFYING REPEATED UNITED NATIONS RESOLUTIONS REQUIRING HIM TO DISARM, PROVIDING AID AND COMFORT TO TERRORIST ORGANIZATIONS, AND COMMITTING WIDESPREAD HUMAN RIGHTS VIOLATIONS.

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. 312 (Word version) -- Senators Knotts, Setzler and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF NATURAL RESOURCES TO RENAME THE HOPE FERRY LANDING ON THE SALUDA RIVER IN LEXINGTON COUNTY, THE "JAMES R. METTS LANDING" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE LANDING CONTAINING THE WORDS "JAMES R. METTS LANDING".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 732 . . . . . Tuesday, February 4, 2003

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 314 (Word version) -- Senators Elliott, Alexander, Anderson, Branton, Courson, Drummond, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SADNESS OF THE MEMBERS OF THE GENERAL ASSEMBLY ON LEARNING OF THE RECENT DEATH OF FORMER SOUTH CAROLINA SUPREME COURT CHIEF JUSTICE GEORGE T. GREGORY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Whereas, the members of the General Assembly were deeply saddened to learn of the death of former South Carolina Supreme Court Chief Justice George T. Gregory, Jr., who died Wednesday, January 22, 2003, at his Chester home. He was 81; and

Whereas, Justice Gregory joined the Supreme Court in 1975 and was Chief Justice from 1988 until his retirement in 1991. "George Gregory was just a wonderful man, a very gentle man, a very compassionate man," former Chief Justice David Harwell said Thursday. "He was just a good, humble servant"; and

Whereas, during Gregory's tenure, the Supreme Court initiated a number of changes, including adopting new rules of professional conduct for lawyers and adding nine trial judges to the circuit court system. Justice Harwell, who succeeded Justice Gregory as Chief Justice, said Gregory kept the state judicial system "running smoothly" during lean economic times; and

Whereas, Justice Gregory was born in McConnells in York County on December 13, 1921. He overcame childhood polio to realize his lifelong dream of becoming a lawyer and judge. He graduated from Chester High School and earned his bachelor's and law degrees from the University of South Carolina; and


Printed Page 733 . . . . . Tuesday, February 4, 2003

Whereas, Justice Gregory started practicing law in Chester in 1944 and served as a municipal judge from 1946 to 1950. He was a state representative in the 1950's and became a circuit court judge in 1956, a position he held until his election to the Supreme Court in 1975; and

Whereas, Justice Gregory was recognized by lawyers and his judicial peers alike as being one of the most caring and conscientious jurists of his day. Those who worked closely with him knew of the courtesy and helping hand so often extended to all lawyers coming before him, and especially to the newer members of the bar, and recognized that he wrestled with the great responsibility and consequences attendant to service as a jurist. They also knew that he worked tirelessly to insure that justice was served in South Carolina; and

Whereas, known as a kind and compassionate man, Justice Gregory once said his most difficult case as a Justice was the 1979 opinion he wrote upholding the death sentences of the first two offenders executed in South Carolina after state lawmakers reinstated the death penalty. "There's an awful lot of agonizing about everything a court does," Gregory said in a 1992 interview after his retirement. "The responsibility is so great, and the consequences of what you do are so great"; and

Whereas, Justice Gregory was buried Saturday, January 25, 2003, at Evergreen Cemetery in Chester. He was predeceased by his wife, Willie Elliott and is survived by his sons, George T. Gregory III and William Elliott Gregory, and grandchildren John Elliott Gregory, James Robert Gregory, Georgeann Pascal Gregory, and Joseph Edward Gregory; and

Whereas, Justice Gregory was well known and highly respected throughout the State and it is entirely appropriate that the members of the General Assembly pause in their deliberations to express their deep sadness on learning of his death, and to also extend their deepest sympathy to his family and many friends. Now, therefore,

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

That the members of the General Assembly, by this resolution, express their deep sadness on learning of the recent death of former


Printed Page 734 . . . . . Tuesday, February 4, 2003

South Carolina Supreme Court Chief Justice George T. Gregory, and extend their deepest sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to George T. Gregory III of Myrtle Beach, and William Elliott Gregory of Columbia.

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

INTRODUCTION OF BILLS

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

H. 3496 (Word version) -- Reps. Harrell, Wilkins, W. D. Smith, Bingham, Chellis, Clyburn, Cotty, Kirsh, Lucas, McCraw, Merrill, Rice, Sheheen, Walker and Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT FOR THE STATE AND ITS POLITICAL SUBDIVISIONS TO HAVE BUDGET PROCESSES DESIGNED TO KEEP REVENUES AND EXPENDITURES IN BALANCE, THE LIMITATION ON STATE APPROPRIATIONS, AND THE LIMITATIONS ON STATE EMPLOYEES, SO AS TO DELETE THE EXISTING STATE SPENDING LIMITATION AND REQUIRE THE GENERAL ASSEMBLY TO REPLACE IT BY A LAW PROVIDING A LIMIT ON STATE SPENDING FOR A FISCAL YEAR THAT IS THE LESSER OF THE TOTAL OF THE STATE APPROPRIATIONS IN THE PRIOR YEAR PLUS SIX PERCENT OR THE TOTAL OF STATE APPROPRIATIONS IN THE PRIOR YEAR ADJUSTED FOR INFLATION AND POPULATION GROWTH AND PROVIDE THAT THE GENERAL ASSEMBLY IN ENACTING THE LIMIT SHALL DEFINE THE APPROPRIATIONS TO WHICH THE LIMIT APPLIES, AND EXCEPTIONS TO THE LIMIT, AND THE METHOD OF CALCULATING THE LIMIT AND PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A NEW "SPENDING LIMIT RESERVE FUND" TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN A FISCAL


Printed Page 735 . . . . . Tuesday, February 4, 2003

YEAR IN EXCESS OF THE APPLICABLE CONSTITUTIONAL SPENDING LIMIT, TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE IMPLEMENTING LAW SHALL DEFINE SURPLUS REVENUES, PROVIDE THE PURPOSES FOR WHICH THE REVENUES CREDITED TO THIS FUND MUST BE USED, AND THE TIMING AND METHOD OF THE GENERAL ASSEMBLY'S APPROPRIATION OF THESE REVENUES AND TO PROVIDE THAT THE IMPLEMENTING LAW MAY NOT BE AMENDED OR REPEALED EXCEPT BY A SPECIAL VOTE DEFINED AS A RECORDED ROLL-CALL VOTE OF AT LEAST TWO-THIRDS OF THE MEMBERS IN EACH BRANCH PRESENT AND VOTING, BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH BRANCH.
Referred to Committee on Ways and Means

H. 3497 (Word version) -- Reps. Quinn, Littlejohn, Sandifer and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-340 SO AS TO PROVIDE AN ADDITIONAL LIMITATION ON SPENDING OF PROPERTY TAX REVENUES FOR THE OPERATION OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS.
Referred to Committee on Ways and Means

H. 3498 (Word version) -- Reps. Trotter, Owens and Skelton: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE PICKENS COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Referred to Committee on Education and Public Works

H. 3500 (Word version) -- Reps. Mahaffey, Walker, Littlejohn, Sinclair and Talley: A BILL TO AMEND ACT 1958 OF 1972, AS AMENDED, RELATING TO THE HOLLY SPRINGS RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIFTY TO FIVE HUNDRED THOUSAND DOLLARS THE


Printed Page 736 . . . . . Tuesday, February 4, 2003

AMOUNT THE DISTRICT MAY BORROW IN ANTICIPATION OF TAXES.
On motion of Rep. MAHAFFEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3501 (Word version) -- Reps. Viers, Barfield, Clemmons, Edge, Keegan and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT ON JULY 1, 2004, THE AREA OF EACH COUNTY OF THIS STATE SHALL ALSO BE CONSTITUTED AS A SCHOOL DISTRICT AND NO COUNTY SHALL BE PERMITTED TO HAVE MULTIPLE SCHOOL DISTRICTS WITHIN ITS BOUNDARIES, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LOCAL LAW BEFORE JULY 1, 2004, SHALL PROVIDE FOR THE GOVERNANCE, FISCAL AUTHORITY, AND ADMINISTRATIVE AND OPERATIONAL RESPONSIBILITIES FOR ANY COUNTYWIDE SCHOOL DISTRICT WHERE NO SUCH PROVISIONS OF LAW NOW APPLY; AND TO PROVIDE THAT ALL ACTS OR PARTS OF ACTS RELATING TO ANY SCHOOL DISTRICT WHICH IS NOT A COUNTYWIDE SCHOOL DISTRICT REQUIRED BY SECTION 59-17-150 ARE REPEALED AS OF JULY 1, 2004.
Referred to Committee on Education and Public Works

S. 158 (Word version) -- Senators Ravenel and Grooms: A BILL TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.
Referred to Charleston Delegation

S. 269 (Word version) -- Senator Pinckney: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MARCH 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN RIDGELAND, SOUTH CAROLINA, TO THE COUNTY OF JASPER.
Referred to Committee on Ways and Means

S. 294 (Word version) -- Senators Land, Leventis and Malloy: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND


Printed Page 737 . . . . . Tuesday, February 4, 2003

CONTROL BOARD, EFFECTIVE JULY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BISHOPVILLE, SOUTH CAROLINA, TO LEE COUNTY AND THE CITY OF BISHOPVILLE.
Referred to Committee on Ways and Means

S. 310 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE BOND OF THE SUPERINTENDENT OF EDUCATION FOR OCONEE COUNTY AND THE OCONEE COUNTY SCHOOL DISTRICT SUPERINTENDENT OF EDUCATION SHALL BE A MINIMUM OF ONE HUNDRED THOUSAND DOLLARS RATHER THAN TEN THOUSAND DOLLARS.
Referred to Oconee Delegation

CONCURRENT RESOLUTION

The following was introduced:

H. 3499 (Word version) -- Reps. Harrison, 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, 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 RECOGNIZING PALMETTOPRIDE, SOUTH CAROLINA'S ANTI-LITTER AND BEAUTIFICATION ORGANIZATION, ON ITS RECEIPT OF THE 2002 ROGERS AWARD AS THE BEST PUBLIC SERVICE CAMPAIGN IN THE NATION FROM KEEP AMERICA BEAUTIFUL, INC., AND THANKING THE STAFF, THE STATE AGENCIES AND CORPORATE SPONSORS, PUBLIC FIGURES


Printed Page 738 . . . . . Tuesday, February 4, 2003

AND PRIVATE CITIZENS WHO LED THE EFFORT TO KEEP THE STATE LITTER FREE.

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
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Howard                 Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. R. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson

Printed Page 739 . . . . . Tuesday, February 4, 2003

Toole                  Townsend               Tripp
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 4.

Teddy Trotter                     Doug Smith
James E. Smith                    Ralph Davenport
Daniel Cooper                     Denny Neilson
Todd Rutherford                   Alex Harvin
Fletcher Smith                    Karl Allen
Joseph Neal

Total Present--120

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHIPPER a leave of absence for today and tomorrow due to appearing in court.

DOCTOR OF THE DAY

Announcement was made that Dr. Thomas C. Rowland, Jr. of Columbia 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


Printed Page 740 . . . . . Tuesday, February 4, 2003

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. 3229 (Word version)
Date:   ADD:
02/04/03   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 3344 (Word version)
Date:   ADD:
02/04/03   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3165 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3180 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3182 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3183 (Word version)
Date:   ADD:
02/04/03   COTTY


Printed Page 741 . . . . . Tuesday, February 4, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3186 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3187 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3189 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3199 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3201 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3220 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3222 (Word version)
Date:   ADD:
02/04/03   COTTY


Printed Page 742 . . . . . Tuesday, February 4, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3226 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3227 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3231 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3235 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3236 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3239 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3257 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3271 (Word version)
Date:   ADD:
02/04/03   COTTY


Printed Page 743 . . . . . Tuesday, February 4, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3277 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3297 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3309 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3310 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3324 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3329 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3337 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3358 (Word version)
Date:   ADD:
02/04/03   COTTY


Printed Page 744 . . . . . Tuesday, February 4, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3369 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3371 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3385 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3344 (Word version)
Date:   ADD:
02/04/03   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3344 (Word version)
Date:   ADD:
02/04/03   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 3232 (Word version)
Date:   ADD:
02/04/03   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 3354 (Word version)
Date:   ADD:
02/04/03   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 3008 (Word version)
Date:   ADD:
02/04/03   COTTY


Printed Page 745 . . . . . Tuesday, February 4, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3012 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3013 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3016 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3026 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3037 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3040 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3041 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3042 (Word version)
Date:   ADD:
02/04/03   COTTY


Printed Page 746 . . . . . Tuesday, February 4, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3043 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3044 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3047 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3049 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3054 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3061 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3069 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3078 (Word version)
Date:   ADD:
02/04/03   COTTY


Printed Page 747 . . . . . Tuesday, February 4, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3083 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3085 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3100 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3107 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3108 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3128 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3138 (Word version)
Date:   ADD:
02/04/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3337 (Word version)
Date:   ADD:
02/04/03   SHEHEEN


Printed Page 748 . . . . . Tuesday, February 4, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3228 (Word version)
Date:   ADD:
02/04/03   SHEHEEN

CO-SPONSOR ADDED

Bill Number:   H. 3423 (Word version)
Date:   ADD:
02/04/03   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3442 (Word version)
Date:   ADD:
02/04/03   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3425 (Word version)
Date:   ADD:
02/04/03   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   BRANHAM

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   G. M. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   MCGEE

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   R. BROWN


Printed Page 749 . . . . . Tuesday, February 4, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   VAUGHN

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   WITHERSPOON

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   TRIPP

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   PERRY

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   TROTTER

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   COOPER


Printed Page 750 . . . . . Tuesday, February 4, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/04/03   M. HINES

CO-SPONSOR ADDED

Bill Number:   H. 3190 (Word version)
Date:   ADD:
02/04/03   PINSON

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
02/04/03   PINSON

ORDERED TO THIRD READING

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

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.

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.


Printed Page 751 . . . . . Tuesday, February 4, 2003

H. 3344--AMENDED AND ORDERED TO THIRD READING

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, Weeks, Clemmons, Owens and McLeod: 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.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\ 9428ZW03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 58-9-10 of the 1976 Code, as last amended by Act 354 of 1996, is further amended by adding an appropriately numbered item at the end to read:

"( )   The term 'broadband service' means any service that is used to provide access to the Internet and consists of the offering of:

(a)   a capability to transmit information at a rate that is generally not less than one hundred ninety kilobits per second in at least one direction; or

(b)   any service that combines computer processing, information storage, and protocol conversion to enable users to access Internet content and services."
SECTION   2.   Section 58-9-280(G) of the 1976 Code, as added by Act 354 of 1996, is amended to read:

"(G)   Competition exists for a particular service if, for an identifiable class or group of customers in an exchange, group of


Printed Page 752 . . . . . Tuesday, February 4, 2003

exchanges, or other clearly defined geographical area, the service, its functional equivalent, or a substitute service is available from two or more providers. The commission shall not regulate broadband service as defined in Section 58-9-10. The commission shall not regulate any other a service for which competition exists if the market for that service is sufficiently competitive to protect the public interest. If the commission finds that competition exists for a particular service, but that service is not sufficiently competitive to protect the public interest, the commission shall provide appropriate regulatory and pricing flexibility to all providers of the service."
SECTION   3.   Nothing in this act is intended to affect the Public Service Commission's jurisdiction with respect to any service other than broadband service or to affect the application of access rates and charges to broadband providers or with respect to broadband services.
SECTION   4.   This act takes effect upon approval by the Governor. /
Amend title to conform.

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

Reps. CATO, WILKINS and QUINN proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11204AC03), which was adopted:
Amend the bill, as and if amended, by deleting Sections 2 and 3 of the bill and inserting:
/SECTION   2.   Section 58-9-280(G) of the 1976 Code, as added by Act 354 of 1996, is amended to read:

"(G)   Competition exists for a particular service if, for an identifiable class or group of customers in an exchange, group of exchanges, or other clearly defined geographical area, the service, its functional equivalent, or a substitute service is available from two or more providers. The commission shall not impose any requirements related to the terms, conditions, rates, or availability of broadband service or otherwise regulate broadband service. The commission shall not regulate a service for which competition exists if the market for that service is sufficiently competitive to protect the public interest. If the commission finds that competition exists for a particular service, but that service is not sufficiently competitive to protect the public interest, the commission shall provide appropriate regulatory and pricing flexibility to all providers of the service."


Printed Page 753 . . . . . Tuesday, February 4, 2003

SECTION   3.   Nothing in this act is intended to affect the Public Service Commission's jurisdiction with respect to any service other than broadband service or to affect the application of access rates and charges to broadband providers or with respect to broadband services. Nothing in this act shall be construed to relieve an incumbent local exchange carrier as defined by Section 251(h) of the federal Telecommunications Act of 1996 of its obligations pursuant to sections 251 and 252 of the federal act or any Federal Communications Commission regulation relating thereto to provide new entrant LEC's with unbundled access to network elements or interconnection including, but not limited to, loops, subloops, transmission facilities, and colocation space./
Renumber sections to conform.
Amend title to conform.

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

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

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 Thursday, February 6, which was agreed to.

H. 3462--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST


Printed Page 754 . . . . . Tuesday, February 4, 2003

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.

Whereas, the United States Congress in amendments to the Intermodal Surface Transportation Efficiency Act of 1991 has authorized several new interstate highways to be part of the interstate highway system of the United States; and

Whereas, two of these new interstate highways, I-73 and I-74, are scheduled to come within the boundaries of our State in the coastal areas of South Carolina in specified locations; and

Whereas, several present highways in South Carolina are in these locations and are suitable for designation as part of these new interstate highways. Now, therefore,

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

That the General Assembly, by this resolution, requests appropriate federal and state highway officials to designate the highways referenced below as part of the new interstate highway system as follows:

(1)   Highway 22, the Conway Bypass, known as the Veterans Highway, as part of new Interstate Highway 73 (I-73);

(2)   Carolina Bays Parkway, known as the John B. Singleton Parkway, as part of new Interstate Highway 74 (I-74); and

(3)   The North Myrtle Beach Connector as Interstate Highway I-174.

Be it further resolved that a copy of this resolution be forwarded to the federal highway administration and the South Carolina Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.


Printed Page 755 . . . . . Tuesday, February 4, 2003

MOTION PERIOD

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

H. 3448--ORDERED TO THIRD READING

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.

Rep. CATO explained the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 102; Nays 9

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               Hinson                 Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller

Printed Page 756 . . . . . Tuesday, February 4, 2003

J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Sandifer
Scarborough            Scott                  Sheheen
Simrill                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                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--102

Those who voted in the negative are:

Breeland               Cobb-Hunter            M. Hines
Hosey                  Lloyd                  Mack
Moody-Lawrence         Rutherford             Weeks

Total--9

So, the Bill was read the second time and ordered to third reading.

RECORD FOR VOTING

I was called away from the floor on legislative business, but wish to be recorded as voting in favor of H. 3448 on second reading.

Rep. Alex Harvin III

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

The following was introduced:

H. 3502 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO RECOGNIZE DR. C. RAYBURN BARTON OF COLUMBIA FOR


Printed Page 757 . . . . . Tuesday, February 4, 2003

HIS SERVICE TO THE STATE OF SOUTH CAROLINA AS EXECUTIVE DIRECTOR OF THE COMMISSION ON HIGHER EDUCATION, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3503 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, 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, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION CONGRATULATING RAY REICH, DOWNTOWN MANAGER FOR THE CITY OF SUMTER, ON BEING PRESENTED THE 2002 OUTSTANDING ACHIEVEMENT AWARD FROM THE GREATER SUMTER COUNTY CHAMBER OF COMMERCE IN RECOGNITION OF HIS ENTHUSIASTIC EFFORTS IN REVITALIZATION OF THE DOWNTOWN AREA OF SUMTER.

The Resolution was adopted.


Printed Page 758 . . . . . Tuesday, February 4, 2003

HOUSE RESOLUTION

The following was introduced:

H. 3504 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, 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, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION RECOGNIZING ROWLAND P. ALSTON, JR., OF SUMTER COUNTY AS THE RECIPIENT OF THE 2002 GREATER SUMTER CHAMBER OF COMMERCE OUTSTANDING ACHIEVEMENT AWARD FOR HIS LIFETIME OF PUBLIC SERVICE TO THE SUMTER COMMUNITY AND BEYOND.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3505 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, 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,


Printed Page 759 . . . . . Tuesday, February 4, 2003

Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION HONORING CARL SIMPSON OF SUMTER COUNTY AS THE GREATER SUMTER CHAMBER OF COMMERCE BUSINESS PERSON OF THE YEAR 2002 IN RECOGNITION OF HIS DEDICATION TO HIS CUSTOMERS AND LOYALTY TO HIS EMPLOYEES.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3506 (Word version) -- Rep. Thompson: A BILL TO PROVIDE THAT UNTIL THE GRAY DRIVE RAILROAD BRIDGE LOCATED IN THE WILLIAMSTON COMMUNITY OF ANDERSON COUNTY IS REPAIRED AND THE SAFETY OF THE BRIDGE CERTIFIED BY THE DEPARTMENT OF TRANSPORTATION, THE RIGHTS-OF-WAY GRANTED TO A RAILROAD COMPANY BY ANDERSON COUNTY TO USE THE LAND OVER WHICH THE BRIDGE IS LOCATED ARE SUSPENDED DUE TO A BREACH OF THE DUTY TO EXERCISE REASONABLE CARE IN USING THESE RIGHTS-OF-WAY.
On motion of Rep. THOMPSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3507 (Word version) -- Reps. McGee, Coates, Harrison and Sinclair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS NOTICE TO THE LESSEE, TO


Printed Page 760 . . . . . Tuesday, February 4, 2003

PROVIDE FOR EMERGENCY CIRCUMSTANCES, AND TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS.
Referred to Committee on Judiciary

H. 3508 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-135 SO AS TO SPECIFY THAT A PROVISION IN A PREMARITAL AGREEMENT WAIVING ALIMONY OR ATTORNEY'S FEES IS ENFORCEABLE, TO PROVIDE EXCEPTIONS, TO DEFINE UNCONSCIONABLE, AND TO PROVIDE HOW UNCONSCIONABILITY IS DETERMINED.
Referred to Committee on Judiciary

H. 3509 (Word version) -- Reps. Talley, Herbkersman, Littlejohn, Sheheen, Sinclair and W. D. Smith: A BILL TO AMEND SECTION 56-1-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE IS VALID FOR SEVEN YEARS INSTEAD OF FIVE YEARS.
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

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

H. 3510 (Word version) -- Reps. W. D. Smith, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, Talley and Walker: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE UNION HIGH SCHOOL FOOTBALL TEAM AND ITS COACHING STAFF AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE CLASS AAA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Union High School Football Team and its coaching staff at a date and time to be determined by the Speaker, for the


Printed Page 761 . . . . . Tuesday, February 4, 2003

purpose of being recognized for winning the Class AAA State Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3511 (Word version) -- Reps. W. D. Smith, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, Talley, Walker, Allen, Altman, 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, 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, Limehouse, Lloyd, Loftis, Lourie, Lucas, Mack, 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, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE UNION HIGH SCHOOL FOOTBALL TEAM FOR TAKING THE 2002 CLASS AAA STATE TITLE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3512 (Word version) -- Reps. W. D. Smith, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, Talley, Walker, Allen, Altman, 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, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell,


Printed Page 762 . . . . . Tuesday, February 4, 2003

Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Limehouse, Lloyd, Loftis, Lourie, Lucas, Mack, 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, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE UNION HIGH SCHOOL FOOTBALL COACH MICHAEL ANTHONY FOR WINNING HIS THIRD CLASS AAA STATE CHAMPIONSHIP.

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

Rep. LOFTIS 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. 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.

ADJOURNMENT

At 1:15 p.m. the House, in accordance with the motion of Rep. RHOAD, adjourned in memory of the seven astronauts who perished in the Space Shuttle Columbia, to meet at 10:00 a.m. tomorrow.

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