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


Printed Page 973 . . . . . Thursday, February 20, 2003

Thursday, February 20, 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 today is from Jeremiah 1:9: "Then the Lord put out His hand and touched my mouth; and the Lord said to me, now I have put My words in your mouth."
Let us pray. Thank you, Spirit of truth, for giving us leaders unafraid to speak the truth. God of Guidance, give us the faith to trust Your promises and the courage to act on behalf of others as well as ourselves. We remember before You, our brother Bill Herbkersman. Touch him with Your healing hands. 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. WEEKS moved that when the House adjourns, it adjourn in memory of Freddie Solomon, Sr. of Sumter, which was agreed to.

REPORTS OF STANDING COMMITTEE

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

H. 3274 (Word version) -- Reps. Townsend and Clark: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.
Ordered for consideration tomorrow.


Printed Page 974 . . . . . Thursday, February 20, 2003

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Sumter Delegation:
H. 3254 (Word version) -- Rep. G. M. Smith: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE SCHOOL DISTRICT IN THEIR 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.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Aiken Delegation:
H. 3255 (Word version) -- Rep. J. R. Smith: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF AIKEN COUNTY MUST BE SET BY THE GOVERNING BODY 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.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the York Delegation:
H. 3256 (Word version) -- Reps. Kirsh and Simrill: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF YORK COUNTY SCHOOL DISTRICTS ONE THROUGH FOUR MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR 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.


Printed Page 975 . . . . . Thursday, February 20, 2003

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Richland Delegation:
H. 3257 (Word version) -- Reps. Lourie, J. E. Smith, J. Brown, Bales and Cotty: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF RICHLAND COUNTY SCHOOL DISTRICT ONE AND RICHLAND COUNTY SCHOOL DISTRICT TWO MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR 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.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Spartanburg Delegation:
H. 3258 (Word version) -- Reps. Walker, Talley and Littlejohn: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SPARTANBURG COUNTY SCHOOL DISTRICTS ONE THROUGH SEVEN MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR 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.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Anderson Delegation:
H. 3281 (Word version) -- Rep. Townsend: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY 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.


Printed Page 976 . . . . . Thursday, February 20, 2003

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Anderson Delegation:
H. 3355 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 3 OF ANDERSON COUNTY 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.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Lancaster Delegation:
H. 3370 (Word version) -- Reps. J. M. Neal and Emory: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF LANCASTER 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 THE LENGTH OF THE SCHOOL TERM.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Kershaw Delegation:
H. 3385 (Word version) -- Reps. Sheheen and Cotty: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE KERSHAW 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.


Printed Page 977 . . . . . Thursday, February 20, 2003

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Kershaw Delegation:
H. 3387 (Word version) -- Rep. Cotty: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE KERSHAW 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.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Richland Delegation:
H. 3388 (Word version) -- Rep. Cotty: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF RICHLAND COUNTY SCHOOL DISTRICT TWO OF RICHLAND COUNTY 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.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Chester Delegation:
H. 3403 (Word version) -- Reps. Delleney, Coleman and McCraw: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF CHESTER COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OR GOVERNING BODY OF THAT 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.


Printed Page 978 . . . . . Thursday, February 20, 2003

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Chesterfield Delegation:
H. 3443 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE CHESTERFIELD 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.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Greenwood Delegation:
H. 3465 (Word version) -- Reps. Pinson, Parks, M. A. Pitts, Duncan, Taylor and Anthony: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICTS NO. 50 AND 52 IN GREENWOOD COUNTY, SCHOOL DISTRICT NO. 51 IN GREENWOOD AND LAURENS COUNTIES, AND SCHOOL DISTRICTS NO. 55 AND 56 IN LAURENS COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR 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.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Saluda Delegation:
H. 3470 (Word version) -- Rep. Frye: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SALUDA SCHOOL DISTRICT ONE 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.


Printed Page 979 . . . . . Thursday, February 20, 2003

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Pickens Delegation:
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.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Union Delegation:
H. 3515 (Word version) -- Rep. Anthony: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF UNION COUNTY 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.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Bill be referred to the Oconee Delegation:
H. 3523 (Word version) -- Rep. Whitmire: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF OCONEE COUNTY 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.


Printed Page 980 . . . . . Thursday, February 20, 2003

INTRODUCTION OF BILLS

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

H. 3654 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL INCENTIVE REWARD PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2726, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3655 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES OF MUNICIPAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2787, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3656 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICT RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2788, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3657 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2789, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3658 (Word version) -- Reps. Hagood and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 981 . . . . . Thursday, February 20, 2003

SECTION 5-7-320 SO AS PROVIDE THAT A MUNICIPALITY OR COUNTY OR ITS EMPLOYEES ARE NOT LIABLE FOR DAMAGE OR INJURY CAUSED TO A PERSON WHO PARTICIPATES IN A HAZARDOUS RECREATIONAL ACTIVITY ON MUNICIPAL OR COUNTY PROPERTY, TO PROVIDE EXCEPTIONS, AND TO APPLY THE LIMITS OF THE SOUTH CAROLINA TORT CLAIMS ACT WHERE LIABILITY EXISTS.
Referred to Committee on Judiciary

S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.
Referred to Committee on Ways and Means

S. 206 (Word version) -- Senators McConnell, Ritchie and Richardson: A BILL TO AMEND CHAPTER 19, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES AND JUSTICES, SO AS TO REPEAL SECTION 2-19-40, RELATING TO THE EXEMPTION OF A PUBLIC HEARING.
Referred to Committee on Judiciary

S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-630, SO AS TO PROVIDE THAT A HOLDER OF A RETAIL PERMIT AUTHORIZING SALES OF BEER OR WINE FOR OFF-PREMISES CONSUMPTION MAY DELIVER BEER OR WINE IN A SEALED CONTAINER TO A PERSON AGED TWENTY-ONE OR OLDER UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO


Printed Page 982 . . . . . Thursday, February 20, 2003

MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.
Referred to Committee on Judiciary

S. 288 (Word version) -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
Referred to Committee on Judiciary


Printed Page 983 . . . . . Thursday, February 20, 2003

CONCURRENT RESOLUTION

The following was introduced:

H. 3659 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE ROBERT CURRY OF CLEARWATER FOR HIS OUTSTANDING BUSINESS ACCOMPLISHMENTS AND FOR HIS MANY CONTRIBUTIONS TO THE COMMUNITY.

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

HOUSE RESOLUTION

The following was introduced:

H. 3660 (Word version) -- Reps. W. D. Smith, Wilkins, 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, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON LEARNING OF THE DEATH OF MR. DONALD C. "CHRIS" MYERS OF LEXINGTON, AND EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.


Printed Page 984 . . . . . Thursday, February 20, 2003

HOUSE RESOLUTION

The following was introduced:

H. 3661 (Word version) -- Reps. Weeks, G. M. Smith and J. H. Neal: A HOUSE RESOLUTION TO CONGRATULATE DARIUS JENKINS OF SUMTER ON RECEIVING A YOUTH SERVICE AWARD AT THE SUMTER BRANCH OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE FREEDOM FUND AWARDS BANQUET ON NOVEMBER 8, 2002, COMMEND HIM ON HIS HEROIC ACTIONS IN SAVING "BABY GRACE", AND WISH HIM EVERY SUCCESS IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3662 (Word version) -- Reps. Weeks, G. M. Smith and J. H. Neal: A HOUSE RESOLUTION TO CONGRATULATE MARION RICKS, JR., OF SUMTER ON RECEIVING A YOUTH SERVICE AWARD AT THE SUMTER BRANCH OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE FREEDOM FUND AWARDS BANQUET ON NOVEMBER 8, 2002, COMMEND HIM ON HIS HEROIC ACTIONS IN SAVING "BABY GRACE", AND WISH HIM EVERY SUCCESS IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

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               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Emory                  Freeman                Frye

Printed Page 985 . . . . . Thursday, February 20, 2003

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 20.

Karl Allen                        Todd Rutherford
Ralph Davenport                   Bessie Moody-Lawrence
Leon Howard                       James Merrill
Lewis Vaughn                      Jerry Govan
Mack Hines                        Daniel Tripp
Alex Harvin                       Joseph Neal
Fletcher Smith                    Robert Harrell
Grady Brown

Total Present--120


Printed Page 986 . . . . . Thursday, February 20, 2003

LEAVE OF ABSENCE

The SPEAKER granted Rep. HERBKERSMAN a leave of absence for the day due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Marshall Meadors of Anderson is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. MCLEOD and HUGGINS presented to the House the Chapin High School Girls Cross Country Team, Class AA Cross Country State Champions, their coaches, and other school officials.

CO-SPONSORS ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3165 (Word version)
Date:   ADD:
02/20/03   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 3137 (Word version)
Date:   ADD:
02/20/03   WEEKS


Printed Page 987 . . . . . Thursday, February 20, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3137 (Word version)
Date:   ADD:
02/20/03   J. E. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3590 (Word version)
Date:   ADD:
02/20/03   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 3590 (Word version)
Date:   ADD:
02/20/03   COOPER

CO-SPONSOR ADDED

Bill Number:   H. 3590 (Word version)
Date:   ADD:
02/20/03   SIMRILL

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   HAGOOD

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   MAHAFFEY

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   D. C. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   HASKINS


Printed Page 988 . . . . . Thursday, February 20, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   ALLEN

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   COBB-HUNTER

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   LIMEHOUSE

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   RICHARDSON

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   TRIPP

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   JENNINGS

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   HAYES

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   MERRILL


Printed Page 989 . . . . . Thursday, February 20, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   G. M. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   KOON

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   TAYLOR

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   MCGEE


Printed Page 990 . . . . . Thursday, February 20, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   J. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   RHOAD

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   ANTHONY

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   FREEMAN

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   SCARBOROUGH

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   J. E. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   LOFTIS


Printed Page 991 . . . . . Thursday, February 20, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   COATES

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   RIVERS

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   OTT

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   J. H. NEAL

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   DANTZLER

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   MOODY-LAWRENCE

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/20/03   HUGGINS

CO-SPONSOR ADDED

Bill Number:   H. 3190 (Word version)
Date:   ADD:
02/20/03   HUGGINS


Printed Page 992 . . . . . Thursday, February 20, 2003

SENT TO THE SENATE

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

H. 3630 (Word version) -- Reps. McLeod and Duncan: A BILL TO ENACT THE NEWBERRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN NEWBERRY COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

H. 3631 (Word version) -- Reps. McLeod and Duncan: A BILL TO AMEND ACT 189 OF 1957, RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF NEWBERRY COUNTY TO SELL SURPLUS SCHOOL PROPERTY AND RATIFYING EARLIER SALES MADE BY THE BOARD, SO AS TO DELETE THE PROVISION RELATING TO THE DISPOSITION OF PROPERTY.

H. 3633 (Word version) -- Rep. Duncan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 23, 2003, AND JANUARY 24, 2003, BY THE STUDENTS OF ANY SCHOOL IN THE LAURENS COUNTY SCHOOL DISTRICT NUMBER FIFTY-SIX WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3198 (Word version) -- Reps. Easterday, Altman, Coates, Sandifer, McGee, Clemmons and Edge: 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.


Printed Page 993 . . . . . Thursday, February 20, 2003

ORDERED TO THIRD READING

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

H. 3652 (Word version) -- Reps. Rivers and Bowers: A BILL TO ALLOW THE IMPOSITION OF THE CAPITAL PROJECTS SALES TAX IN HAMPTON COUNTY EFFECTIVE MAY 1, 2003.

S. 358 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

H. 3338 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF PUBLIC DISORDERLY CONDUCT, SO AS TO PROVIDE THAT IT IS ILLEGAL TO USE OBSCENE OR PROFANE LANGUAGE THAT CREATES AN IMMINENT RISK OF VIOLENT REACTION FROM THE LANGUAGE AT CERTAIN LOCATIONS.

Rep. LUCAS explained the Bill.

H. 3092 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, SO AS TO PROVIDE THAT, WHENEVER NOTICE IS GIVEN TO A DEFENSE ATTORNEY OF THE SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, THE SOLICITOR MUST ALSO GIVE NOTICE OF INTENT TO SEEK THE DEATH PENALTY TO THE SOUTH CAROLINA OFFICE OF INDIGENT DEFENSE; AND TO AMEND TITLE 14, RELATING TO COURTS, BY ADDING CHAPTER 29 SO AS TO PROVIDE GENERAL PROVISIONS RELATING TO SOLICITORS PROVIDING NOTICE OF INTENTION TO SEEK THE DEATH PENALTY IN CERTAIN CASES AND THE REPORTING OF CERTAIN STATISTICAL INFORMATION TO THE OFFICE OF


Printed Page 994 . . . . . Thursday, February 20, 2003

INDIGENT DEFENSE RELATING TO CRIME TO ENABLE ACCURATE RECORDKEEPING.

Rep. LUCAS explained the Bill.

H. 3652--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BOWERS, with unanimous consent, it was ordered that H. 3652 (Word version) be read the third time tomorrow.

H. 3338--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LUCAS, with unanimous consent, it was ordered that H. 3338 (Word version) be read the third time tomorrow.

H. 3092--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LUCAS, with unanimous consent, it was ordered that H. 3092 (Word version) be read the third time tomorrow.

H. 3530--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-27 SO AS TO PROHIBIT MEMBERSHIP ON AND RESTRICT EMPLOYMENT BY THE PUBLIC SERVICE COMMISSION OF A PERSON ASSOCIATED WITH A REGULATED BUSINESS; BY ADDING SECTION 58-3-35 SO AS TO PROVIDE FOR ETHICS STANDARDS AND REQUIREMENTS FOR PUBLIC SERVICE COMMISSIONERS; BY ADDING SECTION 58-3-65 SO AS TO ESTABLISH AN ADVISORY STAFF AND AN ADVOCACY STAFF FOR THE COMMISSION AND DESCRIBE THEIR RESPONSIBILITIES; AND BY ADDING SECTION 58-3-400 SO AS TO PROHIBIT EX PARTE COMMUNICATIONS WITH AND BY A COMMISSIONER OR ADVISORY STAFF IN CONNECTION WITH A PENDING PROCEEDING; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR QUALIFICATIONS, SCREENING, AND TERMS OF MEMBERSHIP; TO AMEND


Printed Page 995 . . . . . Thursday, February 20, 2003

SECTION 58-3-24, AS AMENDED, RELATING TO PERSONS INELIGIBLE TO SERVE ON THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY TO SERVE FOUR YEARS AFTER HE HAS NOT FILED FOR REELECTION TO THE GENERAL ASSEMBLY; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO DELETE ANY RESPONSIBILITIES OF THE DIVISION IN CONNECTION WITH THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 8-13-90, RELATING TO SEEKING OR OFFERING PLEDGES OF VOTES, SO AS TO PROHIBIT THE DIRECT OR INDIRECT SEEKING OF A PLEDGE OR COMMUNICATION ABOUT SCREENING UNTIL CANDIDATES FOR THE OFFICE ARE DETERMINED; AND TO REPEAL SECTION 58-3-60 RELATING TO EMPLOYMENT OF STAFF FOR THE PUBLIC SERVICE COMMISSION.

Reps. CATO, RICHARDSON, TROTTER, RICE, SCARBOROUGH, SKELTON, BOWERS, J. E. SMITH, SANDIFER, E. H. PITTS, MOODY-LAWRENCE, JENNINGS, HAYES, CLYBURN, and BRANHAM requested debate on the Bill.

H. 3575--POINT OF ORDER

The following Bill was taken up:

H. 3575 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-85 SO AS TO PROVIDE FOR TREATMENT OF UNCLAIMED PROPERTY PAYABLE OR DISTRIBUTABLE IN THE COURSE OF THE DEMUTUALIZATION OF AN INSURANCE COMPANY AS ABANDONED IN FIVE YEARS; AND TO AMEND SECTION 27-18-180, AS AMENDED, RELATING TO REPORTS OF UNCLAIMED PROPERTY, SO AS TO REQUIRE THE FILING OF A REPORT OF UNCLAIMED DEMUTUALIZATION PROCEEDS BEFORE MAY FIRST.

POINT OF ORDER

Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not


Printed Page 996 . . . . . Thursday, February 20, 2003

been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3353--POINT OF ORDER

The following Bill was taken up:

H. 3353 (Word version) -- Reps. Rhoad, Ott, Frye, Koon, Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J. E. Smith, Hayes, Anthony, Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J. M. Neal, Phillips, Rivers, Scarborough, G. M. Smith, Tripp, Umphlett and Lloyd: A BILL TO AMEND SECTION 50-11-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SO AS TO PROVIDE AN EXCEPTION, AND TO DELETE THE REQUIREMENT THAT A PERMIT BE OBTAINED BEFORE TRAPPING COYOTES OUTSIDE THE PRESCRIBED TRAP DISTANCE LIMITS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO PROVIDE EXCEPTIONS; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO OWNS A COYOTE HUNTING ENCLOSURE AND IS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES TO PURCHASE LIVE COYOTES FOR RELEASE INTO HIS PEN IS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, TO PROVIDE THAT COYOTES MUST BE OBTAINED FROM A SOUTH CAROLINA LICENSED COMMERCIAL TRAPPER AND MAY BE OBTAINED ONLY IF THE COYOTES WERE TAKEN LAWFULLY IN THIS STATE; AND TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO TAGGING OF CERTAIN FURS, PELTS, AND HIDES, SO AS TO PROVIDE THAT FURBEARING ANIMALS, INCLUDING COYOTES, TAKEN LIVE TO BE SOLD AS LIVE ANIMALS ARE NOT REQUIRED TO BE TAGGED.

POINT OF ORDER

Rep. RHOAD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not


Printed Page 997 . . . . . Thursday, February 20, 2003

been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3280--POINT OF ORDER

The following Bill was taken up:

H. 3280 (Word version) -- Reps. Harrison and Clemmons: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF THE BOARDS AND COMMISSIONS ON WHICH MEMBERS OF THE GENERAL ASSEMBLY MAY SERVE, SO AS TO ALLOW MEMBERS TO SERVE ON THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK.

POINT OF ORDER

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

H. 3137--POINT OF ORDER

The following Bill was taken up:

H. 3137 (Word version) -- Reps. Sinclair, Littlejohn, W. D. Smith, Weeks and J. E. Smith: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.

Rep. DELLENEY explained the Bill.

POINT OF ORDER

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


Printed Page 998 . . . . . Thursday, February 20, 2003

H. 3025--POINT OF ORDER

The following Bill was taken up:

H. 3025 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 7-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESIDENTIAL ELECTORS DECLARING FOR A CANDIDATE, SO AS TO PROVIDE THAT AN ELECTOR IS DEEMED TO HAVE IRREVOCABLY VOTED FOR A CANDIDATE AT THE TIME HE DECLARES FOR A CANDIDATE AND TO DELETE INCONSISTENT PROVISIONS.

POINT OF ORDER

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

H. 3165--POINT OF ORDER

The following Bill was taken up:

H. 3165 (Word version) -- Reps. Harrison, Lucas, G. M. Smith, Cobb-Hunter, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-29 SO AS TO PROVIDE THAT A PERSON CONVICTED OF MURDER WHO WAS MENTALLY RETARDED AT THE TIME OF THE OFFENSE MUST NOT BE SENTENCED TO DEATH, BUT MUST BE SENTENCED TO LIFE IMPRISONMENT; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO PUNISHMENT FOR MURDER, SO AS TO DELETE MENTAL RETARDATION AS A MITIGATING CIRCUMSTANCE.

POINT OF ORDER

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


Printed Page 999 . . . . . Thursday, February 20, 2003

H. 3016--POINT OF ORDER

The following Bill was taken up:

H. 3016 (Word version) -- Reps. Altman, Simrill, Coates and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-115 SO AS TO PROVIDE A FORFEITURE PROCEDURE WITH RESPECT TO CASH THAT IS CONFISCATED FROM A PERSON ARRESTED FOR A PROSTITUTION VIOLATION; AND TO AMEND SECTION 16-15-110, RELATING TO PENALTIES FOR PROSTITUTION VIOLATIONS, SO AS TO PROVIDE THAT CASH CONFISCATED PURSUANT TO AN ARREST FOR PROSTITUTION IS SUBJECT TO FORFEITURE.

POINT OF ORDER

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

H. 3035--POINT OF ORDER

The following Bill was taken up:

H. 3035 (Word version) -- Reps. Altman and Umphlett: A BILL TO AMEND SECTION 44-76-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS TRAINING AND USE REQUIREMENTS FOR PERSONS DESIGNATED AS AUTOMATED EXTERNAL DEFIBRILLATOR USERS (AED), SO AS TO PROVIDE THE TRAINING REQUIRED INCLUDES A TRAINING COURSE APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

POINT OF ORDER

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


Printed Page 1000 . . . . . Thursday, February 20, 2003

H. 3640--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3640 (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 INDIVIDUAL SEWAGE TREATMENT AND DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2801, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. RHOAD 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.

OBJECTION TO RECALL

Rep. TAYLOR asked unanimous consent to recall H. 3106 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3145 (Word version) from the Committee on Judiciary.
Rep. COATES objected.

H. 3618--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3618 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PERMANENTLY REPEAL THE DEATH TAX.

Whereas, under tax relief legislation passed in 2001, the Death Tax was temporarily phased out, not permanently eliminated; and


Printed Page 1001 . . . . . Thursday, February 20, 2003

Whereas, women and minorities are very often owners of small and medium-sized businesses, and the death tax prevents their children from reaping the rewards of a lifetime trying to make a better life; and

Whereas, farmers and other small businesses will face losing their farms and businesses if the federal government resumes the heavy taxation of citizens at death; and

Whereas, employees suffer when they lose their jobs when small and medium-sized businesses are liquidated to pay death taxes and because high capital costs depress the number of businesses that could offer them a job; and

Whereas, if the estate tax had been repealed in 1996, over the next nine years the United States economy would have averaged as much as $11 billion each year in extra output, and an average of 145,000 additional new jobs would have been created; and

Whereas, the persistent uncertainty created by the sunset provision prevents families and small businesses from taking advantage of the temporary repeal; and

Whereas, having repeatedly passed both the United States House of Representatives and the United States Senate, elimination of the death tax has proved to hold wide bipartisan support. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, memorialize the Congress of the United States to permanently repeal the death tax.

Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.

Rep. MCLEOD spoke against the Resolution.
Rep. W. D. SMITH spoke in favor of the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.


Printed Page 1002 . . . . . Thursday, February 20, 2003

H. 3622--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3622 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO SUPPORT AND VOTE FOR ALL EFFORTS TO BUILD AND DEPLOY A NATIONAL MISSILE DEFENSE SYSTEM AS RAPIDLY AS POSSIBLE.

Whereas, the 1972 Anti Ballistic Missile (ABM) Treaty was signed with a nation that no longer exists; and

Whereas, an increasing number of nations, including North Korea, either currently possesses the capability to launch missile attacks against the United States or are working to achieve that capability; and

Whereas, due in part because of advances in technology, the possibility that a missile bearing a weapon of mass destruction will be used against United States forces or interests is more likely today than it was throughout most of the Cold War; and

Whereas, terrorist groups, not just states, may have the means to obtain intercontinental ballistic missiles; and

Whereas, our nation still cannot proactively defend against missile attack; and

Whereas, the Cold War policy of "mutual assured destruction" assumed in arms control treaties is not sufficient to deter terrorist missile attacks; and

Whereas, defending against an attack of any kind is the government's Constitutional obligation. Now, therefore,

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

That the members of the General Assembly, by this resolution, memorialize the Congress of the United States to support and vote for all efforts to build and deploy a national missile defense system as rapidly as possible.


Printed Page 1003 . . . . . Thursday, February 20, 2003

Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.

Rep. W. D. SMITH explained the Resolution.
The Concurrent Resolution was adopted and sent to the Senate.

H. 3621--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

H. 3621 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ABOLISH THE ALTERNATIVE MINIMUM TAX.
Rep. W. D. SMITH explained the Resolution.

Rep. W. D. SMITH moved to adjourn debate on the Resolution until Tuesday, February 25, which was agreed to.

H. 3620--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3620 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO GIVE FIRST PRIORITY TO SUPPORTING AND PASSING THE DEFENSE APPROPRIATIONS BILL BEFORE OTHER APPROPRIATION MEASURES.

Whereas, the security of our nation and people is the first and foremost obligation of our United States federal government; and

Whereas, the men and women of our United States armed forces now serving in the Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marines, National Guard and Reserves have shown great courage and self-sacrifice and deserve to be equipped with the best weapons and resources to protect our nation; and

Whereas, in past years politicians have delayed passing the Defense Appropriations Bill until late in the budget year so that the Defense Appropriations Bill was misused as a dumping ground for pork barrel spending and as a political hostage to pork barrel spending in other appropriations bills; and


Printed Page 1004 . . . . . Thursday, February 20, 2003

Whereas, in the wake of the terrorist attacks of September 11, 2001, on America, President Bush asked that the Congress of the United States pass the Defense Appropriations Bill before passing other spending bills; and

Whereas, Congress acted responsibly in the spring of 2002 when it passed the Defense Appropriations Bill first, thereby protecting the men and women in our armed forces from becoming pawns for politicians' spending maneuvers. Now, therefore,

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

That the members of the General Assembly, by this resolution, memorialize the Congress of the United States to give first priority to supporting and passing the Defense Appropriations Bill before other appropriation measures.

Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.

Rep. W. D. SMITH explained the Resolution.

The question then recurred to the adoption of the Resolution.

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

Yeas 79; Nays 20

Those who voted in the affirmative are:

Anthony                Bailey                 Bales
Barfield               Bingham                Bowers
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Gilham                 Hagood
Hamilton               Harrison               Haskins
Hayes                  Hinson                 Huggins

Printed Page 1005 . . . . . Thursday, February 20, 2003

Jennings               Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lourie                 Lucas
Mahaffey               Martin                 McCraw
Merrill                J. M. Neal             Neilson
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Young

Total--79

Those who voted in the negative are:

Allen                  Breeland               G. Brown
J. Brown               R. Brown               Freeman
Govan                  J. Hines               M. Hines
Hosey                  Howard                 Kennedy
Lee                    Lloyd                  Mack
Moody-Lawrence         J. H. Neal             Rutherford
Scott                  Weeks

Total--20

So, the Concurrent Resolution was adopted and sent to the Senate.

H. 3619--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

H. 3619 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO CONTINUE TO GRANT PENSION MONIES AND INDIVIDUAL RETIREMENT ACCOUNTS FAVORABLE TAX TREATMENT AND REPEAL THE PROVISIONS OF THE 2001


Printed Page 1006 . . . . . Thursday, February 20, 2003

TAX RELIEF LEGISLATION WHICH IMPEDE SUCH FAVORABLE TREATMENT.

Rep. W. D. SMITH moved to adjourn debate on the Resolution until Tuesday, February 25, which was agreed to.

S. 236--ADOPTED AND SENT TO SENATE

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".

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

That the members of the General Assembly of the State of South Carolina 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".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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


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REPORT OF STANDING COMMITTEE

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3627 (Word version) -- Rep. Harrell: A HOUSE RESOLUTION EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT NO PERMANENT LAW, I.E., PART II'S, SHOULD BE INCLUDED IN THE GENERAL APPROPRIATIONS BILL FOR FISCAL YEAR 2003-2004, WHEN THE BILL IS UNDER CONSIDERATION IN THE HOUSE BEGINNING THE WEEK OF MARCH 10, 2003.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3663 (Word version) -- Reps. Vaughn, 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, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. JERRY HOWARD BRIDGERS OF COLUMBIA ON BEING CHOSEN TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.

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


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CONCURRENT RESOLUTION

The following was introduced:

H. 3664 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO REFLECT ON TWO HUNDRED YEARS OF GOOD RELATIONS WITH FRANCE, AMERICA'S FIRST ALLY, EXPRESS GENUINE REGRET OVER THE RECENT ACTIONS OF FRANCE IN OPPOSING AMERICAN FOREIGN POLICY REGARDING IRAQ, AND CALL UPON FRANCE TO SUPPORT THE EFFORTS OF THE UNITED STATES TO RID IRAQ AND THE WORLD OF THE EVIL DICTATOR SADDAM HUSSEIN AND HIS WEAPONS OF MASS DESTRUCTION.
Five members objecting to immediate consideration, the Resolution was ordered placed on the Calendar.

CONCURRENT RESOLUTION

The following was introduced:

H. 3665 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE COACH AND MEMBERS OF THE W. WYMAN KING ACADEMY "LADY KNIGHTS" VOLLEYBALL TEAM OF BATESBURG ON CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE ON FRIDAY, OCTOBER 25, 2002, AND SATURDAY, OCTOBER 26, 2002.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3666 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS A VITAL AND INTEGRAL PART OF SOUTH CAROLINA AND SOUTH CAROLINA'S ECONOMY, AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST FEATURED ATTRACTIONS WHICH


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SHOULD CONTINUE TO HOST TWO NASCAR WINSTON CUP RACES EACH YEAR.

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

INTRODUCTION OF BILLS

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

H. 3667 (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 EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3668 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NEONATAL SCREENING IN INBORN METABOLIC ERRORS AND HEMOGLOBINOPATHIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3669 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTION 14-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS, DUTIES, AND JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE FOR A CHANGE OF VENUE FROM A MUNICIPAL COURT TO A MAGISTRATES COURT WITHIN THE SAME COUNTY IN CERTAIN CASES.
Referred to Committee on Judiciary

H. 3670 (Word version) -- Reps. Lucas, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN


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THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. LUCAS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3671 (Word version) -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-695 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH CRITERIA FOR APPROVING INDIVIDUALS TO AUTHORIZE THE CONSTRUCTION, INSTALLATION, AND USE OF SEPTIC TANKS, TO PROVIDE THAT SUCH AN INDIVIDUAL IS NOT AN AGENT OF THE DEPARTMENT, AND TO ALLOW AN INDIVIDUAL SEEKING SUCH AUTHORITY TO CONTRACT WITH AN INDIVIDUAL APPROVED BY THE DEPARTMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3672 (Word version) -- Reps. Walker, Mahaffey, Talley and Littlejohn: A BILL TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS IN SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7.
Referred to Spartanburg Delegation

H. 3673 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO FURTHER SPECIFY PROCEDURES FOR THESE HEARINGS; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO SHOW COMPELLING REASONS FOR A PERMANENCY PLAN THAT DOES NOT REUNITE A CHILD WITH HIS PARENTS OR A RELATIVE AND DOES NOT TERMINATE PARENTAL RIGHTS AND TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR APPROVING SUCH A PLAN; AND TO FURTHER SPECIFY THE COURT'S AUTHORITY AND STANDARDS THAT


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MUST BE MET AFTER ADOPTION VIABILITY IS CONSIDERED, FOSTER CARE IS CONTINUED, AND TERMINATION OF PARENTAL RIGHTS IS NOT INITIATED; TO AMEND SECTION 20-7-768, RELATING TO STANDARDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR NOT INITIATING TERMINATION OF PARENTAL RIGHTS UNDER CERTAIN CIRCUMSTANCES, RATHER THAN PRESUMING THAT SUCH CIRCUMSTANCES IN AND OF THEMSELVES ARE COMPELLING REASONS; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINT REVIEWS OF FOSTER CARE LICENSE APPLICANTS, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO ISSUE TEMPORARY LICENSES PENDING RECEIPT OF THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION REVIEW.
Referred to Committee on Judiciary

H. 3674 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO THE GRADUATED BUSINESS LICENSE TAX, A COUNTY MAY IMPOSE A FLAT BUSINESS LICENSE TAX IN AN AMOUNT NOT TO EXCEED FIFTEEN DOLLARS THROUGHOUT THE COUNTY.
Referred to Committee on Ways and Means

H. 3675 (Word version) -- Reps. Gilham, Bowers, Leach and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-42 SO AS TO PROHIBIT A MUNICIPALITY, COUNTY, OR PUBLIC WATER SYSTEM FROM ADOPTING, IMPLEMENTING, OR ENFORCING CROSS-CONNECTION CONTROL OR BACKFLOW PREVENTION STANDARDS THAT EXCEED THE STRINGENCY OF THE STANDARDS SET BY STATE LAW AND REGULATIONS; TO AMEND SECTION 44-55-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE SAFE DRINKING WATER ACT, SO AS TO INCLUDE A REFERENCE TO A "LOW HAZARD CROSS-CONNECTION"; TO AMEND SECTION 44-55-30, RELATING TO DESIGN AND CONSTRUCTION OF A PUBLIC WATER SYSTEM AND STANDARDS ESTABLISHED BY THE SOUTH CAROLINA


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BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR THE BOARD TO ADOPT REGULATIONS DEFINING A HIGH HAZARD CROSS-CONNECTION AND A LOW HAZARD CROSS-CONNECTION, TO DESCRIBE CERTAIN LOW HAZARD CROSS-CONNECTIONS, AND TO EXEMPT LOW HAZARD CROSS-CONNECTIONS FROM REGULATION; AND TO AMEND SECTION 44-55-40, RELATING TO CONSTRUCTION, INSPECTION, OPERATION, AND APPROVAL OF PUBLIC WATER TREATMENT FACILITIES AND WELLS, SO AS TO EXEMPT A LOW HAZARD CROSS-CONNECTION FROM ITS PROVISIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

CONCURRENT RESOLUTION

The following was introduced:

H. 3676 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE BRIGADIER GENERAL CHARLES E. SAVAGE, SOUTH CAROLINA AIR NATIONAL GUARD, FOR HIS OUTSTANDING LEADERSHIP AND MANY PERSONAL ACCOMPLISHMENTS OVER A LONG AND DISTINGUISHED MILITARY CAREER, TO EXPRESS HEARTFELT APPRECIATION FOR HIS SERVICE AND SACRIFICE IN PEACE AND WAR, AND ON THE OCCASION OF HIS RETIREMENT FROM MILITARY SERVICE, TO WISH HIM AND HIS FAMILY EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

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

Rep. TROTTER 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. 3368 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE


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PORTION OF INTERSTATE HIGHWAY 520 IN AIKEN COUNTY AS "PALMETTO PARKWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THIS HIGHWAY CONTAINING THE WORDS "PALMETTO PARKWAY".

H. 3632 (Word version) -- Reps. Battle and Jennings: A CONCURRENT RESOLUTION TO CONGRATULATE SCOUT RAND WALLER OF MARION COUNTY ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM CONTINUED SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

H. 3637 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS AND CONTRIBUTIONS OF MR. HARRY ROSS HAMILTON OF SENECA, AND TO EXTEND THE SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. HAMILTON FOR HIS MANY YEARS OF UNWAVERING COMMITMENT AND GENEROUS SERVICE TO HIS FAMILY, CHURCH, COMMUNITY, STATE, AND NATION, AS HE RETIRES FROM HIS POSITION AS OCONEE COUNTY COUNCIL REPRESENTATIVE FOR DISTRICT III.

H. 3651 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. MARY LOIS SHIVERS OF RICHLAND COUNTY ON THE OCCASION OF HER SEVENTY-FIFTH BIRTHDAY ON MARCH 1, 2003, AND WISHING FOR HER MANY HAPPY RETURNS OF THE DAY.

ADJOURNMENT

At 11:15 a.m. the House, in accordance with the motion of Rep. WEEKS, adjourned in memory of Freddie Solomon, Sr. of Sumter, to meet at 10:00 a.m. tomorrow.

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