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


Printed Page 850 . . . . . Wednesday, February 12, 2003

Wednesday, February 12, 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 90:14: "Satisfy us in the morning with Your steadfast love, so that we may rejoice and be glad all our days."
Let us pray. Lord, as You have blessed and preserved us during the night, so continue Your blessings and protection upon us this morning and throughout the day. If we have hurt someone, forgive us. Make us to be Your people whom You rely on to do Your work on this good Earth. Guide and direct each of these women and men to greater service for the good of this great State. Hear our prayer. Amen.

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

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

MOTION ADOPTED

Rep. PINSON moved that when the House adjourns, it adjourn in memory of Charlie Webber of Greenwood, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 3297 (Word version) -- Reps. Huggins and Cotty: A BILL TO AMEND SECTION 40-60-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS, RESTRAINING ORDERS, LICENSING, AND PROCEDURAL REQUIREMENTS FOR REAL ESTATE APPRAISERS, SO AS TO REMOVE THE TIME LIMIT THE BOARD HAS TO RENDER A DECISION AND SERVE NOTICE.
Ordered for consideration tomorrow.


Printed Page 851 . . . . . Wednesday, February 12, 2003

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3386 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-60-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE, SO AS TO PRESCRIBE PROFESSIONAL CONDUCT OF APPRAISERS IN CONFORMANCE WITH THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE, (USPAP) AS PROMULGATED BY THE APPRAISAL STANDARDS BOARD OF THE APPRAISAL FOUNDATION.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3078 (Word version) -- Reps. Lucas, Simrill, Coates and Cotty: A BILL TO AMEND SECTION 24-13-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, DETAINEE, PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST, SO AS TO PROVIDE THAT THE TERM "LOCAL CORRECTIONAL FACILITY" INCLUDES, BUT IS NOT LIMITED TO, A LOCAL DETENTION FACILITY.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3198 (Word version) -- Reps. Easterday, Altman, Coates, Sandifer, McGee and Clemmons: A BILL TO AMEND SECTION 30-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.
Ordered for consideration tomorrow.


Printed Page 852 . . . . . Wednesday, February 12, 2003

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3235 (Word version) -- Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty: A BILL TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO "ADMINISTRATIVE LAW JUDGE DIVISION" TO "ADMINISTRATIVE LAW COURT" IN THE 1976 CODE; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO ADMINISTRATIVE LAW JUDGES, SO AS TO CLARIFY THAT THE COMMISSION ON JUDICIAL CONDUCT IS RESPONSIBLE FOR ENFORCING AND ADMINISTERING THE CODE OF JUDICIAL CONDUCT WITH RESPECT TO ADMINISTRATIVE LAW JUDGES; AND TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3163 (Word version) -- Reps. Delleney and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-235 SO AS TO PROHIBIT A JUDGE, COURT, OR COURT OFFICIAL FROM APPOINTING AN ATTORNEY TO REPRESENT A PARTY IN A CIVIL ACTION UNLESS THE AUTHORITY TO MAKE THE APPOINTMENT IS PROVIDED SPECIFICALLY BY LAW.
Ordered for consideration tomorrow.


Printed Page 853 . . . . . Wednesday, February 12, 2003

HOUSE RESOLUTION

The following was introduced:

H. 3584 (Word version) -- Reps. Scarborough, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE SATURDAY, FEBRUARY 15, 2003, AS "SOUTH CAROLINA GIVE KIDS A SMILE DAY" AND JOIN IN THE EFFORTS THROUGHOUT THE NATION TO PROMOTE ORAL HEALTH AWARENESS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3585 (Word version) -- Rep. Clark: A CONCURRENT RESOLUTION TO WELCOME BRUCE SCHWARTZ OF BISMARCK, NORTH DAKOTA, A DIRECTOR OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS, TO SOUTH CAROLINA AND TO COMMEND HIM FOR HIS TIRELESS EFFORTS AND LEADERSHIP ON BEHALF OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS.

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


Printed Page 854 . . . . . Wednesday, February 12, 2003

INTRODUCTION OF BILLS

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

H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W. D. Smith, Viers, Herbkersman, M. A. Pitts, E. H. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Miller, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.
Referred to Committee on Ways and Means

H. 3587 (Word version) -- Rep. Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1550 SO AS TO PROVIDE THAT IN PROCEEDINGS IN WHICH CHILD CUSTODY AND VISITATION ARE IN DISPUTE THERE IS A PRESUMPTION THAT JOINT CUSTODY IS IN THE BEST INTEREST OF THE CHILD, TO REQUIRE THE COURT TO ORDER JOINT CUSTODY ABSENT WRITTEN FINDINGS THAT A PARENT IS UNFIT OR GEOGRAPHICALLY REMOVED, AND TO REQUIRE THE COURT TO EQUALIZE AND PROMOTE OPPORTUNITIES FOR EACH PARENT TO BE INVOLVED IN ACTIVITIES IN THE CHILD'S LIFE IN AND OUT OF SCHOOL.
Referred to Committee on Judiciary

H. 3588 (Word version) -- Rep. Rhoad: A BILL TO AMEND SECTIONS 12-21-1020 AND 12-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE TAX ON BEER AND WINE, SO AS TO INCREASE THE LICENSE TAX ON BEER FROM .6 CENTS AN OUNCE TO .77 CENTS AN OUNCE AND TO AMEND SECTION 12-33-230, RELATING TO THE LICENSE TAX ON THE SALE OF ALCOHOLIC LIQUORS, SO AS TO INCREASE THE TAX FROM TWELVE CENTS ON EACH EIGHT OUNCES TO 13.25 CENTS ON EACH TWELVE OUNCES AND FROM 50.7 CENTS A LITER TO 55.7 CENTS A LITER.
Referred to Committee on Ways and Means


Printed Page 855 . . . . . Wednesday, February 12, 2003

H. 3589 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT NEW APPLICATIONS MAY BE ACCEPTED UNDER THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM FOR A SPECIFIED PERIOD OF TIME UNDER CERTAIN CONDITIONS.
On motion of Rep. COOPER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

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

Printed Page 856 . . . . . Wednesday, February 12, 2003

Thompson               Toole                  Townsend
Tripp                  Trotter                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 Wednesday, February 12.

Todd Rutherford                   Phillip D. Owens
H.B. "Chip" Limehouse             Walton McLeod
Brenda Lee                        Richard Quinn
Karl Allen                        Creighton Coleman
Bill Cotty                        Joseph Neal
Ralph Davenport                   Seth Whipper
Leon Howard

Total Present--121

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. John Oester of Lancaster is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. TALLEY presented to the House a delegation of students, parents and officials from the South Carolina School for the Deaf and the Blind.

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


Printed Page 857 . . . . . Wednesday, February 12, 2003

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. 3190 (Word version)
Date:   ADD:
02/12/03   STILLE

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
02/12/03   STILLE

CO-SPONSOR ADDED

Bill Number:   H. 3473 (Word version)
Date:   ADD:
02/12/03   J. E. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
02/12/03   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3128 (Word version)
Date:   ADD:
02/12/03   J. H. NEAL

CO-SPONSOR ADDED

Bill Number:   H. 3190 (Word version)
Date:   ADD:
02/12/03   RICE


Printed Page 858 . . . . . Wednesday, February 12, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3231 (Word version)
Date:   ADD:
02/12/03   HASKINS

CO-SPONSOR ADDED

Bill Number:   H. 3231 (Word version)
Date:   ADD:
02/12/03   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3231 (Word version)
Date:   ADD:
02/12/03   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3564 (Word version)
Date:   ADD:
02/12/03   YOUNG

CO-SPONSOR ADDED

Bill Number:   H. 3564 (Word version)
Date:   ADD:
02/12/03   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 3564 (Word version)
Date:   ADD:
02/12/03   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3198 (Word version)
Date:   ADD:
02/12/03   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3590 (Word version)
Date:   ADD:
02/12/03   BINGHAM


Printed Page 859 . . . . . Wednesday, February 12, 2003

RETURNED TO THE SENATE WITH AMENDMENTS

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

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.

SENT TO THE SENATE

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

H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE DURING GUN AND MUZZLELOADER HUNTING SEASONS FOR DEER, AND TO PROVIDE EXCEPTIONS.

H. 3539 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO CODE OF ETHICS FOR NURSES WITH INTERPRETIVE STATEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3424--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3424 (Word version) -- Reps. Harrell, Wilkins, W. D. Smith, Bingham, Chellis, Clyburn, Cotty, Kirsh, Lucas, McCraw, Merrill, Rice, Sheheen, Walker, Young, J. E. Smith, Scott, Altman, Barfield, Battle, Cato, Ceips, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Emory, Gilham, Gourdine, Govan,


Printed Page 860 . . . . . Wednesday, February 12, 2003

Hagood, Haskins, Herbkersman, Hinson, Hosey, Huggins, Leach, Limehouse, Littlejohn, Loftis, Lourie, Mahaffey, Martin, Miller, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Quinn, Richardson, Sandifer, Scarborough, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. R. Smith, Stewart, Stille, Talley, Toole, Tripp, Umphlett, Vaughn, Viers, White, Whitmire, Witherspoon, Taylor, Bales, Neilson, Bailey and Thompson: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON STATE APPROPRIATIONS, SO AS TO DELETE THE EXISTING LIMITATION ON APPROPRIATIONS AND IMPOSE A NEW LIMIT EFFECTIVE FOR APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND UPON TIMELY RATIFICATION OF AN AMENDMENT TO ARTICLE X, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, PROVIDING FOR THE REVISED LIMITATION ON APPROPRIATIONS AND AN AMENDMENT TO ARTICLE X ADDING A NEW SECTION ESTABLISHING THE SPENDING LIMIT RESERVE FUND AND PROVIDING FOR ITS USE, TO PROVIDE THAT THE LIMITATION FOR A FISCAL YEAR IS ANNUALIZED APPROPRIATIONS FOR THE CURRENT FISCAL YEAR AS OF FEBRUARY FIFTEENTH, INCREASED BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASE AND INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE; BY ADDING SECTION 11-11-415 SO AS TO ESTABLISH THE SPENDING LIMITATION RESERVE FUND, INTO WHICH ALL SURPLUS GENERAL FUND REVENUES MUST BE CREDITED, AND TO PROVIDE FOR THE PRIORITY USES OF THE REVENUES OF THIS FUND, TO PROVIDE FOR THE APPROPRIATION OF FUND REVENUES AFTER THESE PRIORITIES ARE MET, AND TO REQUIRE BY LEGISLATIVE ENACTMENT APPROPRIATION REVENUES OF THIS FUND TO ORIGINATE AS SEPARATE LEGISLATION IN THE HOUSE OF REPRESENTATIVES.


Printed Page 861 . . . . . Wednesday, February 12, 2003

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22823HTC03), which was adopted:
Amend the bill, as and if amended, by striking Section 11-11-410, as contained in SECTION 1, beginning on page 2, and inserting:
/ Section 11-11-410.   (A)   State appropriations in any for a fiscal year may not exceed appropriations authorized by the spending limitation prescribed in this section. State appropriations subject to the spending limitation are those appropriations authorized annually in the State General Appropriation Act annual general appropriations act and any acts supplemental appropriations acts or joint resolutions thereto for that fiscal year which fund general, school, and highway purposes. A statement of total 'General, School, and Highway Revenues' must be included in each the annual general Appropriation appropriations act. As used in this section the appropriations so limited as defined above in this subsection must be those funded by 'General, School, and Highway Revenues' that must be as defined as such in the 1985-86 general appropriation act; for fiscal year 2002-2003. it being the intent of this section that All additional nonfederal and nonuser fee revenue items must be included in that category as they may be created by act of the General Assembly.

(B)   (1)   The limitation on state appropriations prescribed in subsection (A) is an amount equal to either those state appropriations authorized by the spending limit for the previous fiscal year increased by the average percentage rate of growth in state personal income for the previous three completed calendar years or nine and one-half percent of the total personal income of the State for the calendar year ending before the fiscal year under consideration, whichever is greater. As used in this section, "state personal income" means total personal income for a calendar year as determined by the Budget and Control Board or its successor based on the most recent data of the United States Department of Commerce or its successors. During the initial year this spending limit is in effect, the actual state appropriations for general, school, and highway purposes for the fiscal year 1985-1986 must be used as the base figure for computation of the spending limitation if the average rate of growth method is used. The limitation on state appropriations for a fiscal year as provided in subsection (A) is the lesser of:

(a)   one hundred six percent of base-year appropriations; or

(b)   base-year appropriations increased by a percentage equal to the state's growth in population applied ratably over the period of


Printed Page 862 . . . . . Wednesday, February 12, 2003

the decennial United States census assuming a rate of increase equal to the rate in the most recently completed United States census for which population figures are available over the next preceding census and a percentage equal to the increase, if any, in the consumer price index in the most recently ended calendar year, as determined by the Bureau of Labor Statistics of the United States Department of Labor.

(2)   As used in this subsection, 'base-year appropriations' are general fund appropriations for the current fiscal year as of February fifteenth, including both recurring and nonrecurring revenues from whatever source derived and regardless of the time the appropriations are effective except that appropriations for the Capital Reserve Fund are not included in base-year appropriations. This general fund total must be adjusted to reflect any mid-year appropriations reductions, however imposed, made, or scheduled as of February fifteenth.

(3)   The Office of Research and Statistics of the State Budget and Control Board, upon approval by the State Economist and in consultation with the director of the board's Office of State Budget, shall calculate and provide the appropriate percentages for population and consumer price index growth to the Ways and Means Committee of the House of Representatives and the Senate Finance Committee no later than February fifteenth of each year.

(C)   The Comptroller General, or any other authorized agency, commission, or officer, may not approve or issue warrants which would allow disbursements above the amount appropriated for general fund purposes unless and until the General Assembly authorizes expenditures in excess of the limitation through procedures provided for in this article shall notify the Governor, the Speaker of the House, and the President Pro Tempore of the Senate if the spending limit as contained in this section is exceeded. The General Assembly shall then take corrective action immediately upon meeting in the next regular session or a special session called for that purpose. This subsection may does not apply to funds transferred from the general reserve fund to the general fund.

(D)   The Division of Research and Statistical Services of the Budget and Control Board shall annually compute and certify to the General Assembly a current figure to limit appropriations as provided in subsection (B) of this section prior to the Budget and Control Board's submission of its recommended budget to the House Ways and Means Committee.

(E) Notwithstanding the provisions of subsection (A) of this section, the General Assembly may declare a financial emergency and


Printed Page 863 . . . . . Wednesday, February 12, 2003

suspend the spending limitation for any one a fiscal year for a specific amount by a special vote as provided in this subsection by enactment of legislation which relates only to that matter. The authorized state appropriations for the fiscal year following the suspension must be determined as if the suspension had not occurred and, for purposes of determining subsequent limits, must be presumed to have been the maximum limit which could have been authorized if such limitation had not been suspended.

The special vote referred to in this subsection means an affirmative recorded roll-call vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership in each branch.

(F)   In any year when surplus funds are collected, such revenue surplus may be appropriated by the General Assembly to match funds for public education, public welfare, public health, road and highway construction, rehabilitation, replacement, or maintenance financed in part with federal participation funding or federal grants or tolls, or to accelerate the retirement of bonded indebtedness or transferred to the general fund reserve, or tax relief or for avoiding the issuance of bonds for projects that are authorized but not issued or any combination of these purposes without regard to the spending limitation. For the purposes of this section, surplus funds mean that portion of revenues, as defined in subsection (A) of this section, over and above revenues authorized for appropriation in subsection (B). /
Amend further, as and if amended, by striking Section 11-11-415(B)(2), as contained in SECTION 2, page 5, and inserting:
/     (2)   After the appropriation of amounts required pursuant to item (1) of this subsection, any remaining balance may be appropriated for or used to offset revenue reductions for:

(a)   infrastructure improvements;

(b)   temporary tax reductions;

(c)   school buildings;

(d)   school buses;

(e)   expenses incurred by this State as a result of natural or other disasters declared by the President of the United States. /
Renumber sections to conform.
Amend title to conform.

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


Printed Page 864 . . . . . Wednesday, February 12, 2003

Rep. COBB-HUNTER proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\9445HTC03), which was adopted:
Amend the bill, as and if amended, by adding a penultimate SECTION, appropriately numbered to read:
/ SECTION   __.   A.   In preparing any amplified or more detailed explanation of the constitutional amendments the ratification of which is necessary for this act to be effective, the Constitutional Ballot Commission, in carrying out its duties pursuant to Article 17, Chapter 13, Title 7 of the 1976 Code, must consult with the Speaker of the House of Representatives and the President Pro Tempore of the Senate.
B.   Notwithstanding the general effective date provided for this act, this section takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.

Rep. VAUGHN proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22825HTC03), which was adopted:
Amend the bill, as and if amended, in Section 11-11-415, as contained in SECTION 2, page 5, by adding an appropriately lettered subsection at the end to read:
/ ( )   For purposes of subsection (b), infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications. /
Renumber sections to conform.
Amend title to conform.

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

Rep. SHEHEEN proposed the following Amendment No. 5 (Doc Name COUNCIL\PT\1250MM03), which was adopted:
Amend the Ways and Means Committee Report, as and if amended, Section 11-11-410(D) as found on page 3424-3, at lines 35 and 36 by deleting /declare a financial emergency and/
Amend further, at line 38, by deleting /which relates only to that matter/


Printed Page 865 . . . . . Wednesday, February 12, 2003

Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill, as amended, on second reading.

Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:

Yeas 108; Nays 0

Those who voted in the affirmative are:

Allen                  Altman                 Bailey
Bales                  Battle                 Bingham
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Huggins                Jennings
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Mahaffey               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             Rutherford             Sandifer
Scarborough            Scott                  Sheheen

Printed Page 866 . . . . . Wednesday, February 12, 2003

Simrill                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
Weeks                  Whipper                White
Whitmire               Wilkins                Young

Total--108

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I would have voted yea, in favor of the passage of H. 3424.
Rep. Mike Anthony

H. 3496--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3496 (Word version) -- Reps. Harrell, Wilkins, W. D. Smith, Bingham, Chellis, Clyburn, Cotty, Kirsh, McCraw, Merrill, Rice, Sheheen, Walker, Young, Harvin and Bailey: 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


Printed Page 867 . . . . . Wednesday, February 12, 2003

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 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.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that the first two paragraphs of Section 7(c), Article X of the Constitution of this State be amended to read:

"(c)   The General Assembly shall prescribe by law a spending limitation on appropriations for the operation of state government which shall provide that annual increases in such appropriations may not exceed the average growth rate of the economy of the State as measured by a process provided for by the law which prescribes the limitations on appropriations; provided, however, the limitation may be suspended for any one fiscal year by a special vote as provided in this subsection.


Printed Page 868 . . . . . Wednesday, February 12, 2003

During the regular session of the General Assembly in 1990 and during every fifth annual regular session thereafter, the General Assembly shall conduct and complete a review of the law implementing this subsection. During such session, only a vote of two-thirds of the members of each branch present and voting shall be required to change the existing limitation on appropriation. Unless that is done, the existing limitations shall remain unchanged.

The General Assembly by law shall prescribe a spending limitation on appropriations which provides that state appropriations for a fiscal year must not exceed the lesser of the total of the prior year's state appropriations plus six percent or the total of the prior year's state appropriations adjusted for inflation and population growth. The law implementing the limit must specify the appropriations to which the limit applies and the method of calculating the adjustments for inflation and population."

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article X of the Constitution of this State be amended 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 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?

Yes   []

No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those


Printed Page 869 . . . . . Wednesday, February 12, 2003

voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION   3.   It is proposed that Section 36, Article X of the Constitution of this State be amended by adding at the end:

"(C)(1)   The General Assembly by law shall establish a 'Spending Limit Reserve Fund' (fund) to which must be credited all general fund revenues in a fiscal year in excess of the spending limit applicable to these revenues provided by this constitution. In the implementing law, the General Assembly shall define surplus revenues and provide the purposes for which the revenues credited to this fund must be used and the timing and method of the General Assembly's appropriations of these revenues.

(2)   Upon implementation of the provisions of this subsection by law, this law may not be amended or repealed except by the special vote provided in item (3) of this subsection.

(3)   The special vote referred to in item (2) of this subsection means an affirmative recorded roll-call vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership of each branch."

SECTION   4.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 36, Article III of the Constitution of this State relating to the General Reserve Fund and Capital Reserve Fund be amended 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 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?


Printed Page 870 . . . . . Wednesday, February 12, 2003

Yes   []

No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22824HTC03), which was adopted:
Amend the joint resolution, as and if amended, in the amendment to Section 7(c), Article X of the Constitution of this State, as contained in SECTION 1, page 1, by inserting immediately before / which /on line 35 / and an enforcement mechanism therefor / so that when amended, Section 7(c) reads:
/   (c)   The General Assembly shall prescribe by law a spending limitation on appropriations for the operation of state government which shall provide that annual increases in such appropriations may not exceed the average growth rate of the economy of the State as measured by a process provided for by the law which prescribes the limitations on appropriations; provided, however, the limitation may be suspended for any one fiscal year by a special vote as provided in this subsection.

During the regular session of the General Assembly in 1990 and during every fifth annual regular session thereafter, the General Assembly shall conduct and complete a review of the law implementing this subsection. During such session, only a vote of two-thirds of the members of each branch present and voting shall be required to change the existing limitation on appropriation. Unless that is done, the existing limitations shall remain unchanged.

The General Assembly by law shall prescribe a spending limitation on appropriations and an enforcement mechanism therefor which provides that state appropriations for a fiscal year must not exceed the lesser of the total of the prior year's state appropriations plus six percent or the total of the prior year's state appropriations adjusted for inflation and population growth. The law implementing the limit must specify the appropriations to and an enforcement mechanism therefor which the limit applies and the method of calculating the adjustments for inflation and population. /


Printed Page 871 . . . . . Wednesday, February 12, 2003

Amend further, as and if amended, in the question, as contained in SECTION 2, page 3, by inserting immediately before / that / on line 13 / and an enforcement mechanism therefor / so that when amended, the question reads:
/   Must Section 7, Article X of the Constitution of this State be amended 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 and an enforcement mechanism therefor that is the lesser of the total of 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?

Yes   []

No   []


Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'. /
Renumber sections to conform.
Amend title to conform.

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

Reps. COBB-HUNTER and RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22826HTC03), which was adopted:
Amend the joint resolution, as and if amended, in the question, as contained in SECTION 2, page 3, by striking beginning on line 9 / , the limitation on state appropriations, and the limitations on state employees / and inserting/ and the limitation on state appropriations /
Renumber sections to conform.
Amend title to conform.


Printed Page 872 . . . . . Wednesday, February 12, 2003

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

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gourdine               Govan
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Jennings
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  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             Rutherford
Sandifer               Scarborough            Scott
Sheheen                Simrill                Skelton
G. M. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Viers                  Walker                 Weeks

Printed Page 873 . . . . . Wednesday, February 12, 2003

Whipper                White                  Wilkins
Young

Total--103

Those who voted in the negative are:

Total--0

So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.

H. 3540--RECOMMITTED

The following Joint Resolution was taken up:

H. 3540 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO ADVERTISING AND SOLICITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

Rep. THOMPSON moved to recommit the Joint Resolution to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. J. BROWN moved to table the motion, which was not agreed to by a division vote of 31 to 51.

The question then recurred to the motion to recommit the Joint Resolution, which was agreed to.

ORDERED TO THIRD READING

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

H. 3556 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE


Printed Page 874 . . . . . Wednesday, February 12, 2003

COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2752, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3557 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3558--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3558 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

POINT OF ORDER

Rep. DUNCAN 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.


Printed Page 875 . . . . . Wednesday, February 12, 2003

H. 3559--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3559 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2755, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. MERRILL 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. 3560--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3560 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2756, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. TAYLOR 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. 3564--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3564 (Word version) -- Reps. Richardson, Martin, Battle, Bowers, Ceips, Chellis, Clark, Clyburn, Davenport, Gilham, Harvin, Kirsh, Lloyd, Mahaffey, McCraw, McGee, Neilson, Snow, Stille, Thompson, Walker,


Printed Page 876 . . . . . Wednesday, February 12, 2003

Witherspoon, Young, White and Clemmons: A BILL TO AMEND SECTION 27-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A HOMEOWNER OR A TENANT TO DISPLAY THE UNITED STATES FLAG ON HIS REAL PROPERTY, SO AS TO PROVIDE REASONABLE STANDARDS FOR A PORTABLE, REMOVABLE FLAG FOR HOME DISPLAY AND TO APPLY THE PROVISIONS RETROACTIVELY.

Rep. RICHARDSON explained the Bill.

Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of the Bill, Rep. RICHARDSON having the floor.

RECURRENCE TO THE MORNING HOUR

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

H. 3564--POINT OF ORDER

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. RICHARDSON having the floor:

H. 3564 (Word version) -- Reps. Richardson, Martin, Battle, Bowers, Ceips, Chellis, Clark, Clyburn, Davenport, Gilham, Harvin, Kirsh, Lloyd, Mahaffey, McCraw, McGee, Neilson, Snow, Stille, Thompson, Walker, Witherspoon, Young, White and Clemmons: A BILL TO AMEND SECTION 27-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A HOMEOWNER OR A TENANT TO DISPLAY THE UNITED STATES FLAG ON HIS REAL PROPERTY, SO AS TO PROVIDE REASONABLE STANDARDS FOR A PORTABLE, REMOVABLE FLAG FOR HOME DISPLAY AND TO APPLY THE PROVISIONS RETROACTIVELY.

Rep. RICHARDSON continued speaking.

POINT OF ORDER

Rep. KENNEDY made the Point of Order that the Bill was improperly before the House for consideration since its number and


Printed Page 877 . . . . . Wednesday, February 12, 2003

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.

MOTION PERIOD

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

S. 158--ORDERED TO THIRD READING

The following Bill was taken up:

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.

The Bill was read the second time and ordered to third reading by a division vote of 10 to 7.

H. 3303--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3303 (Word version) -- Reps. Duncan, M. A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL TO BAIT DEER AT ANY TIME ON PRIVATE LAND, OR TO HUNT DEER ON SUNDAY ON PRIVATE LAND DURING THE PRESCRIBED SEASON FOR HUNTING DEER.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5174DJC03), which was adopted:
Amend the bill, as and if amended, by striking Section 1 and inserting:
/   SECTION   1.   Section 50-11-310(E) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:


Printed Page 878 . . . . . Wednesday, February 12, 2003

"(E)   Notwithstanding any other provision of law, it is not unlawful to hunt deer on Sunday on private land in Game Zone 4 this State during the prescribed season for hunting deer." /
When amended Section 1 shall read:
/   SECTION   1.   Section 50-11-310(E) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(E)   Notwithstanding any other provision of law, it is not unlawful to hunt deer on Sunday on private land in Game Zone 4 this State during the prescribed season for hunting deer." /
Renumber sections to conform.
Amend title to conform.

Rep. RHOAD explained the amendment.

Rep. TROTTER moved to table the amendment.

Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 33; Nays 64

Those who voted in the affirmative are:

Anthony                Cato                   Clark
Cooper                 Cotty                  Delleney
Frye                   Hamilton               Harrell
Haskins                Huggins                Koon
Leach                  Lucas                  Martin
Merrill                Moody-Lawrence         J. H. Neal
Owens                  Perry                  E. H. Pitts
Rice                   Sandifer               Simrill
Skelton                Stille                 Thompson
Townsend               Trotter                Vaughn
Walker                 White                  Whitmire

Total--33

Those who voted in the negative are:

Altman                 Bailey                 Bales
Battle                 Bingham                Bowers
Branham                Breeland               J. Brown
R. Brown               Ceips                  Chellis
Clemmons               Clyburn                Dantzler

Printed Page 879 . . . . . Wednesday, February 12, 2003

Duncan                 Edge                   Emory
Freeman                Hagood                 Harrison
Hayes                  Herbkersman            M. Hines
Hinson                 Hosey                  Jennings
Keegan                 Kennedy                Kirsh
Limehouse              Lloyd                  Lourie
Mack                   Mahaffey               McLeod
Miller                 Neilson                Ott
Pinson                 M. A. Pitts            Quinn
Rhoad                  Rivers                 Rutherford
Scarborough            Scott                  Sheheen
D. C. Smith            G. M. Smith            J. E. Smith
J. R. Smith            Snow                   Stewart
Talley                 Taylor                 Toole
Tripp                  Umphlett               Viers
Weeks                  Wilkins                Witherspoon
Young

Total--64

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

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

Yeas 78; Nays 22

Those who voted in the affirmative are:

Anthony                Bailey                 Bales
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cotty                  Dantzler
Duncan                 Edge                   Emory
Freeman                Govan                  Hagood
Harrison               Hayes                  Herbkersman
J. Hines               M. Hines               Hinson

Printed Page 880 . . . . . Wednesday, February 12, 2003

Hosey                  Howard                 Huggins
Jennings               Keegan                 Kennedy
Kirsh                  Limehouse              Lloyd
Lourie                 Lucas                  Mack
Mahaffey               McLeod                 Merrill
Miller                 J. M. Neal             Neilson
Ott                    E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Richardson
Rivers                 Scarborough            Scott
Sheheen                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            Snow
Stewart                Talley                 Taylor
Toole                  Tripp                  Umphlett
Vaughn                 Viers                  Weeks
Wilkins                Witherspoon            Young

Total--78

Those who voted in the negative are:

Delleney               Frye                   Hamilton
Koon                   Leach                  Martin
Moody-Lawrence         J. H. Neal             Owens
Parks                  Perry                  Pinson
Rice                   Sandifer               Simrill
Skelton                Stille                 Thompson
Townsend               Trotter                White
Whitmire

Total--22

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

H. 3361--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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


Printed Page 881 . . . . . Wednesday, February 12, 2003

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20149SD03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 59-1-430 of the 1976 Code is amended to read:

"Section 59-1-430.   Beginning with the 2003-2004 school year, each local school district board of trustees shall have the authority to establish an annual school calendar for students, faculty and staff to include starting dates, ending dates, holidays, inservice days and professional development days. Notwithstanding any other provisions of law to the contrary, all school days missed because of snow, or extreme weather conditions, or other disruptions must be made up. All school districts shall annually designate at least three days for students and at least three days for teachers within their school calendars to be used as make-up days in the event of these occurrences. In the event that sufficient make-up days are not in the school district calendar, the local school board of trustees may lengthen the hours of school operation by no less than one hour per day for the total number of hours missed. Schools operating on a four by four block schedule shall make every effort to make up the time during the semester that days are missed. Any plan to make up days by lengthening the school day must be approved by the State Department of Education prior to implementation. In meeting the requirements of Act 436 of 1982, no makeup days for students may be scheduled on Saturdays. Provided, However, That remedial Tutorial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board. However, if a local school board chooses to make up days on Saturdays, tutorial instruction for grades 7 through 12 must be scheduled during an alternate time.

Prior to introducing local legislation to excuse any days missed because of snow, extreme weather conditions, or other disruptions, legislative delegations should ascertain, by requesting a vote of the local school board of trustees, whether the board is in support of excusing days missed for students or teachers, or both. Additionally, legislative delegations should determine whether the district has used the required designated make-up days or attempted to make up days by lengthening the hours of school operation prior to the introduction of local legislation to excuse days."


Printed Page 882 . . . . . Wednesday, February 12, 2003

SECTION   2.   Section 59-5-71 of the 1976 Code, as added by Act 356 of 2002, is repealed.
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

POINT OF ORDER

Rep. VIERS raised the Point of Order that amendment number one was out of order in that it was not germane to the Bill.
The SPEAKER stated that in accordance with Rule 9.3, the amendment was germane and he overruled the Point of Order.

Rep. CATO moved to divide the question.

Rep. COTTY moved to table the motion.

Rep. CATO demanded the yeas and nays which were taken, resulting as follows:

Yeas 68; Nays 46

Those who voted in the affirmative are:

Allen                  Anthony                Bingham
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Clark                  Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Delleney               Emory                  Freeman
Gilham                 Gourdine               Govan
J. Hines               M. Hines               Hosey
Howard                 Huggins                Jennings
Kennedy                Kirsh                  Lloyd
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Richardson             Rutherford
Scott                  Sheheen                Simrill
D. C. Smith            G. M. Smith            J. E. Smith
J. R. Smith            Snow                   Stille

Printed Page 883 . . . . . Wednesday, February 12, 2003

Talley                 Taylor                 Toole
Townsend               Trotter                Walker
Weeks                  Whipper

Total--68

Those who voted in the negative are:

Altman                 Bailey                 Bales
Barfield               Battle                 Cato
Ceips                  Chellis                Clemmons
Cooper                 Dantzler               Duncan
Edge                   Frye                   Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Keegan                 Koon
Leach                  Limehouse              McGee
Merrill                Perry                  Rice
Rivers                 Sandifer               Scarborough
Skelton                W. D. Smith            Stewart
Thompson               Tripp                  Umphlett
Vaughn                 Viers                  White
Whitmire               Wilkins                Witherspoon
Young

Total--46

So, the motion to divide the question was tabled.

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

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

Yeas 94; Nays 18

Those who voted in the affirmative are:

Anthony                Bailey                 Bales
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Chellis                Clark                  Clyburn

Printed Page 884 . . . . . Wednesday, February 12, 2003

Coates                 Cobb-Hunter            Coleman
Cotty                  Dantzler               Delleney
Duncan                 Emory                  Freeman
Frye                   Gilham                 Gourdine
Govan                  Hagood                 Harrison
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Lloyd
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Pinson
E. H. Pitts            Quinn                  Rhoad
Richardson             Rivers                 Rutherford
Sandifer               Scott                  Sheheen
Simrill                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                 Walker                 Weeks
Whipper                Whitmire               Wilkins
Young

Total--94

Those who voted in the negative are:

Altman                 Barfield               Ceips
Clemmons               Cooper                 Edge
Hamilton               Harrell                Haskins
Keegan                 McGee                  Merrill
Perry                  Rice                   Scarborough
Viers                  White                  Witherspoon

Total--18


Printed Page 885 . . . . . Wednesday, February 12, 2003

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

RECURRENCE TO THE MORNING HOUR

Rep. BOWERS moved that the House recur to the Morning Hour, 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. 3590 (Word version) -- Reps. Davenport, Barfield, Phillips and Bingham: A JOINT RESOLUTION TO DIRECT THE STATE ELECTION COMMISSION TO HOLD A REFERENDUM AT THE TIME OF THE NEXT GENERAL ELECTION FOR REPRESENTATIVES TO ASCERTAIN WHETHER THE SOUTH CAROLINA ELECTORS FAVOR AMENDING THE UNITED STATES CONSTITUTION TO ALLOW STATES TO PROHIBIT ABORTIONS.
Referred to Committee on Judiciary

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


Printed Page 886 . . . . . Wednesday, February 12, 2003

FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3592 (Word version) -- Reps. Delleney and Lucas: A BILL TO AMEND SECTION 62-7-403, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATION OF RECEIPTS AND DISBURSEMENTS BETWEEN PRINCIPAL AND INCOME FOR PURPOSES OF A TRUST OR ESTATE, SO AS TO EXPAND THE SCOPE OF THE SECTION BY MAKING A CHANGE IN A CROSS-REFERENCE.
Referred to Committee on Judiciary

H. 3593 (Word version) -- Reps. Bingham and Toole: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO ALLOW SMALL EMPLOYERS TO PARTICIPATE IN THE STATE HEALTH AND DENTAL PLANS, TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO ADJUST SEPARATELY THE BENEFITS AND PREMIUMS FOR SMALL EMPLOYERS TO ENSURE THAT THERE IS NO COST TO THE STATE ASSOCIATED WITH OFFERING OR ADMINISTERING SMALL EMPLOYER PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS, AND TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO PROMULGATE REGULATIONS; AND TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE AND REQUIREMENTS FOR ELIGIBILITY, SO AS TO INCLUDE AND DEFINE CERTAIN SMALL EMPLOYERS.
Referred to Committee on Ways and Means

H. 3594 (Word version) -- Reps. Jennings, Harrison, F. N. Smith, Lucas, G. M. Smith and Hagood: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, RATHER THAN REQUIRING ONLY


Printed Page 887 . . . . . Wednesday, February 12, 2003

CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE.
Referred to Committee on Judiciary

H. 3595 (Word version) -- Reps. McLeod, Bales, J. E. Smith, Davenport, Parks, E. H. Pitts and Clark: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM NINETY TO ONE HUNDRED EIGHTY THE NUMBER OF DAYS OF ACCUMULATED SICK LEAVE THAT IS ADDED TO CREDITED SERVICE OF A MEMBER OF THESE SYSTEMS AT RETIREMENT.
Referred to Committee on Ways and Means

H. 3596 (Word version) -- Reps. McLeod, J. E. Smith, Bales, Davenport, Parks, Clark, E. H. Pitts and Sinclair: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE ALLOWED STATE EMPLOYEES, SO AS TO INCREASE FROM EIGHT TO TEN THE NUMBER OF SICK DAYS AN EMPLOYEE IS ALLOWED TO USE TO CARE FOR AN ILL IMMEDIATE FAMILY MEMBER.
Referred to Committee on Ways and Means

H. 3597 (Word version) -- Reps. McLeod, J. E. Smith, Bales, Davenport and Parks: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE ALLOWED STATE EMPLOYEES, SO AS TO INCREASE FROM ONE HUNDRED EIGHTY DAYS TO TWO HUNDRED TEN DAYS THE NUMBER OF SICK LEAVE DAYS A STATE EMPLOYEE MAY ACCRUE AND TO UPDATE A REFERENCE.
Referred to Committee on Ways and Means


Printed Page 888 . . . . . Wednesday, February 12, 2003

SPEAKER PRO TEMPORE IN CHAIR

STATEMENT BY REP. WILKINS

Rep. WILKINS, with unanimous consent, made a statement relative to the Budget's effect on the House of Representatives.

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

ADJOURNMENT

At 12:10 p.m. the House, in accordance with the motion of Rep. PINSON, adjourned in memory of Charlie Webber of Greenwood, to meet at 10:00 a.m. tomorrow.

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