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


Printed Page 1353 . . . . . Tuesday, March 2, 2004

Tuesday, March 2, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Joel 2:13: "Return to the Lord, your God, for He is gracious and merciful."
Let us pray. Lord God, mighty are Your works among us. Work in this body to fulfill the responsibility they have been given. Create in them the desire to work for the wishes and desires of the people they represent. Give them wisdom and understanding in all they do and say. Bless our State, our Nation, and our leaders with the abundance of Your Grace. Watch over our defenders of freedom and keep them safe. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. SKELTON moved that when the House adjourns, it adjourn in memory of Dr. Claude R. Rickman, former president of Southern Wesleyan University, which was agreed to.

REGULATION RECEIVED

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

Document No. 2898
Agency: Department of Labor, Licensing and Regulation, Board of Nursing
Statutory Authority: 1976 Code Sections 40-1-70 and 40-33-270
Licensure Examination
Received by Speaker of the House of Representatives
March 2, 2004


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Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration June 30, 2004 (Subject to Sine Die Revision)

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 25, 2004
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Anderson-Oconee Master-in-Equity
Term Commencing: June 30, 2004
Term Expiring: June 30, 2010
Seat: Master-in-Equity

Reappointment
The Honorable Ellis B. Drew, Jr.
Office of the Master-in-Equity
P.O. Box 8002
Anderson, South Carolina 29622
862-260-4052

Very respectfully,
President of the Senate
Received as information.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 25, 2004
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.


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LOCAL APPOINTMENT

Dorchester County Master-in-Equity
Term Commencing: June 30, 2004
Term Expiring: June 30, 2010
Seat: Master-in-Equity

Reappointment
The Honorable Patrick Robert Watts
212 Deming Way, Bin 12
Summerville, South Carolina 29483
843-832-0001

Respectfully,
Mark Sanford
Governor

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

INTRODUCTION OF BILLS

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

H. 4855 (Word version) -- Rep. Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-378 SO AS TO PROVIDE THAT AN EMPLOYEE COVERED BY THE FEDERAL EMPLOYERS' LIABILITY ACT, LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT OR ANY OF ITS EXTENSIONS, OR THE JONES ACT IS EXEMPT FROM WORKERS' COMPENSATION LAWS.
Referred to Committee on Labor, Commerce and Industry

H. 4856 (Word version) -- Reps. J. Brown, Bales, Cotty, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford, Scott and J. E. Smith: A BILL TO AMEND SECTION 55-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO DELETE THE PROHIBITION ON


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MEMBERS SERVING MORE THAN TWO CONSECUTIVE TERMS.
Rep. SCOTT asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. E. H. PITTS objected.
Referred to Committee on Education and Public Works

H. 4925 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2004; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Without Reference

S. 496 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 531 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 12-21-1610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE IMPORTATION OF BEER OR WINE FOR SALE OR PERSONAL USE, SO AS TO DELETE THE RESTRICTION ON THE IMPORTATION OF BEER AND WINE WITHIN THE STATE FOR PERSONAL USE AND CONSUMPTION; TO AMEND SECTION 12-33-245, RELATING TO THE MINIBOTTLE TAX, SO AS TO PROVIDE FOR AN EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK; TO ADD SECTION 61-4-745, SO AS TO PROVIDE THAT A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE MAY CAUSE TO BE SHIPPED OR TRANSPORTED UP TO TWENTY-FOUR BOTTLES OF WINE PER ORDER FOR THE PERSON'S OWN CONSUMPTION OR USE


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IF THE APPROPRIATE TAXES ARE PAID ON THE SALE; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES ONLY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1500, RELATING TO RESTRICTIONS ON RETAIL DEALERS, SO AS TO ELIMINATE THE PROHIBITION AGAINST SELLING MINIBOTTLES TO PERSONS OTHER THAN THOSE PERSONS LICENSED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTIONS 61-6-1600 AND 61-6-1610, RELATING TO NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO DELETE THE REQUIREMENT TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, TO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1630, RELATING TO PURCHASES FROM LICENSED RETAIL DEALERS, SO AS TO ELIMINATE THE PROHIBITION AGAINST A RETAIL DEALER FROM SELLING MINIBOTTLES TO PERSONS OTHER THAN THOSE PERSONS LICENSED BY THE DEPARTMENT OF REVENUE TO SELL ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION; TO ADD SECTION 61-6-1640, SO AS TO PROHIBIT A PERSON LICENSED UNDER ARTICLE 5 OF CHAPTER 6 OF TITLE 61 FROM SUBSTITUTING ANY OTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED BY THE CUSTOMER UNLESS THE CUSTOMER IS ADVISED THAT THE DESIRED BRAND IS NOT AVAILABLE AND THE CUSTOMER APPROVES OF THE SUBSTITUTION, AND TO PROVIDE A PENALTY FOR VIOLATION OF THIS SECTION; TO ADD SECTION 61-6-1650, SO AS TO PROHIBIT A LICENSEE FROM REFILLING OR REUSING ANY BOTTLE OF

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LAWFULLY PURCHASED ALCOHOLIC LIQUORS AND TO PROVIDE A PENALTY; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2005, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE REFERENCES TO "SEALED CONTAINERS OF TWO OUNCES OF LESS"; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO DELETE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE A SERVER WHO IS EIGHTEEN YEARS OF AGE OR OLDER MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AND TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTIONS 61-6-2400 AND 61-6-2420, BOTH RELATING TO TAXATION OF ALCOHOLIC LIQUORS AND RESTAURANTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; AND TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61 CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES, AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE EXCISE TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION.
Referred to Committee on Ways and Means

S. 787 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTIONS 11-15-590, 11-21-60, AS AMENDED, 11-41-150, 41-43-110, AS AMENDED, 57-11-380, 59-71-180, 59-107-170, AND 59-146-140, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976,


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AND ALL RELATING TO THE USE OF BOND SALE PROCEEDS FOR GENERAL OBLIGATION BONDS ISSUED BY THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE UNDER THE VARIOUS AUTHORIZING STATUTES, SO AS TO ELIMINATE THE REQUIREMENT THAT BOND PREMIUMS BE APPLIED ONLY TO THE FIRST INSTALLMENT OF PRINCIPAL DUE.
On motion of Rep. HARRELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 847 (Word version) -- Senators Waldrep and Kuhn: A BILL TO AMEND SECTION 46-17-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF MEMBERS OF THE AGRICULTURAL COMMODITY BOARDS, SO AS TO REVISE THESE QUALIFICATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 893 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVITIES, AND TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS, INCLUDING THE STATE CAPITOL BUILDING, SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY".
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 4857 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF


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MANSON MOSES OF LEE COUNTY AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4858 (Word version) -- Rep. Freeman: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE CHESTERFIELD HIGH SCHOOL "RAMS" 2003 WRESTLING TEAM AND THEIR COACHING STAFF AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE TEAM FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE CLASS AA/A STATE WRESTLING CHAMPIONSHIP COMPETITION.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the Chesterfield High School "Rams" 2003 Wrestling Team and their coaching staff at a date and time to be determined by the Speaker, to congratulate them on their State Championship win in the Class AA/A State Wrestling Championship Competition.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4859 (Word version) -- Rep. Freeman: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE 2003 CHESTERFIELD HIGH SCHOOL "RAMS" WRESTLING TEAM AND HEAD COACH LANCE ABERNATHY AND HIS STAFF FOR THEIR OUTSTANDING


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STATE CHAMPIONSHIP WIN IN THE CLASS AA/A STATE WRESTLING CHAMPIONSHIP COMPETITION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4860 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICA NOT TO FOLLOW THE ADVICE OF FEDERAL RESERVE CHAIRMAN ALAN GREENSPAN TO CUT SOCIAL SECURITY BENEFITS FOR FUTURE RECIPIENTS IN ORDER TO REDUCE BUDGET DEFICITS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4861 (Word version) -- Reps. Cobb-Hunter, Ott, Govan, Rhoad, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, 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, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF F. HALL YARBOROUGH, A FORMER COLLEAGUE AND ALWAYS A


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STATESMAN AND A GENTLEMAN, AND RECOGNIZING HIS LEGACY OF FISCAL ACCOUNTABILITY FOR THE STATE OF SOUTH CAROLINA.

Whereas, F. Hall Yarborough, former State Representative from Orangeburg County, died Thursday, February 26, 2004, at his much beloved home in Jamison; and

Whereas, the occasion of his death evoked many responses of sorrow and loss, as well as expressions of gratitude that his legacy remains; and

Whereas, it was often said of Hall that he "read for the law", and his respect of and honor for the word of the law was legendary; and

Whereas, F. Hall Yarborough was a man of letters in the rest of his life, also: he read compasses and charts of the heavens from airplanes during World War II; he read history and literature as a scholar and a teacher; he read his Bible and, more importantly, lived its words; and he read the faces and hearts of the people of Orangeburg County and the State of South Carolina, understanding their needs and dreams; and

Whereas, he will be best remembered publicly as the co-sponsor of legislation establishing the Legislative Audit Council charged with the responsibility of ensuring fiscal accountability of state departments, agencies, and institutions; and

Whereas, his personal legacy of loving commitment to his wife of six decades, Elizabeth Wolfe Yarborough, and their children; honorable commitment to his loyal legal clients; civic commitment to the Soil Conservation Service, Edisto Farm Credit Service, Rotary Club, and the American Legion; and profound commitment to his faith and to the First Baptist Church of Orangeburg tells the story of a man of love, honor, service, and faith; and

Whereas, the citizens of South Carolina are fortunate that his public life touched theirs and are blessed if his personal path crossed theirs. Now, therefore,

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


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That the members of the General Assembly of the State of South Carolina, by this resolution, express their profound sorrow upon the death of F. Hall Yarborough, a former colleague and always a statesman and a gentleman, and recognize his legacy of fiscal accountability for the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to his wife, Mrs. Elizabeth Wolfe Yarborough.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4862 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2004.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1017 (Word version) -- Senators Branton, Hutto, Grooms, Alexander, Anderson, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hawkins, Hayes, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND WALTER M. BAILEY, JR. FOR HIS DEDICATION TO SERVING THE PEOPLE OF DORCHESTER, ORANGEBURG, AND CALHOUN COUNTIES AND HIS UNWAVERING CONVICTIONS AS SOLICITOR OF THE FIRST JUDICIAL CIRCUIT UPON THE OCCASION OF HIS


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RETIREMENT, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Battle                 Bingham
Bowers                 Branham                Breeland
G. Brown               J. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Emory                  Freeman                Frye
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
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             Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Toole

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Townsend               Tripp                  Trotter
Vaughn                 Viers                  Walker
Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 2.

Karl Allen                        Robert L. Brown
Michael Thompson                  Jeffrey D. Duncan
Denny Neilson                     Seth Whipper
Liston Barfield                   Gloria Haskins
Tracy Edge

Total Present--117

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. UMPHLETT a leave of absence to attend a funeral.

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. BINGHAM presented to the House the Brookland-Cayce High School Varsity Girls Volleyball Team, the 2003 Class AAA Champions, and their coaches and other school officials.

CO-SPONSORS ADDED AND REMOVED

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


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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. 3702 (Word version)
Date:   ADD:
03/02/04   COATES

CO-SPONSOR ADDED

Bill Number:   H. 3702 (Word version)
Date:   ADD:
03/02/04   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 4790 (Word version)
Date:   ADD:
03/02/04   G. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4823 (Word version)
Date:   ADD:
03/02/04   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 4642 (Word version)
Date:   ADD:
03/02/04   COATES


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CO-SPONSOR ADDED

Bill Number:   H. 4642 (Word version)
Date:   ADD:
03/02/04   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 4657 (Word version)
Date:   ADD:
03/02/04   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4821 (Word version)
Date:   ADD:
03/02/04   RICHARDSON

CO-SPONSOR ADDED

Bill Number:   H. 3409 (Word version)
Date:   ADD:
03/02/04   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3409 (Word version)
Date:   ADD:
03/02/04   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 4475 (Word version)
Date:   ADD:
03/02/04   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 4475 (Word version)
Date:   ADD:
03/02/04   VIERS

CO-SPONSOR REMOVED

Bill Number:   H. 4765 (Word version)
Date:   REMOVE:
03/02/04   COOPER


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H. 3409--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M. A. Pitts, Viers, Martin and Miller: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE OF OTHERWISE LAWFUL FIREWORKS IN PARTS OF THE COUNTY WHERE BECAUSE OF POPULATION DENSITY OR CONTIGUITY TO MUNICIPALITIES, THE PUBLIC SAFETY REQUIRES THIS REGULATION.

The Judiciary Committee proposed the following Amendment No. 1A (Doc Name COUNCIL\DKA\3771DW04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 35, Title 23 of the 1976 Code is amended by adding:

"Section 23-35-175.   (A)   As used in this section:

(1)   'Fireworks Prohibited Zone' means an area in which fireworks are prohibited from being discharged. A Fireworks Prohibited Zone shall extend beyond the subject property to the low water mark of all oceanic bodies of water adjoining the subject property. A Fireworks Prohibited Zone includes the area:

(a)   contained within the boundaries of the subject property;

(b)   extended from the boundaries of the subject property to the center line of any street or thoroughfare that it abuts; and

(c)   extended from the boundaries of the subject property into any public land sharing a common boundary for a distance not to exceed five hundred feet.

(2)   'Managing authority' means a governing board of a condominium association.

(3)   'Subject property' means the property controlled by the owner, lessee, or managing authority of the property for which a Discharge of Fireworks Prohibited Agreement has been filed.

(B)   It is unlawful to discharge fireworks from, in, or into a Fireworks Prohibited Zone. A person who discharges fireworks from, in, or into a Fireworks Prohibited Zone is guilty of a misdemeanor and, upon conviction, must be punished:


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(1)   for a first offense by a fine of not more than one hundred dollars or imprisonment for not more than thirty days; and

(2)   for a second and subsequent offense by a fine of not more than two hundred dollars or imprisonment for not more than thirty days.

(C)   An owner, a lessee, or managing authority of real property may establish a Fireworks Prohibited Zone by:

(1)   filing a Discharge of Fireworks Prohibited Agreement with the law enforcement agency having jurisdiction over the subject property; and

(2)   posting at least two signs or placards in conspicuous locations on the subject property. These signs or placards must be posted so as visible from any street or thoroughfare the subject property abuts and any public land sharing a common boundary with the subject property. The sign or placard must measure not less than twelve inches by twelve inches and bear the following inscription:

'DISCHARGE OF FIREWORKS PROHIBITED
VIOLATORS WILL BE PROSECUTED'

(D)   The Discharge of Fireworks Prohibited Agreement must be in the following form:
'DISCHARGE OF FIREWORKS PROHIBITED AGREEMENT
DATE:_____________________________________
SUBJECT PROPERTY ADDRESS:___________
NAME OF SUBJECT PROPERTY (IF COMMERCIAL), which was adopted: __________________________
PROPERTY BOUNDARIES OR LEGAL DESCRIPTION:____________________________

I , _________, the undersigned, being the owner/lessee or managing authority of the above described subject property, hereby create a Fireworks Prohibited Zone for the above listed subject property and request that the applicable law enforcement agency enforce the prohibition of the discharge of fireworks on said subject property to the fullest extent of the law.

I agree to post a sign or placard in a conspicuous location on the above listed subject property which measures not less than twelve inches by twelve inches and bears the following inscription:
'DISCHARGE OF FIREWORKS PROHIBITED
VIOLATORS WILL BE PROSECUTED'


Printed Page 1370 . . . . . Tuesday, March 2, 2004

__________________________________________
OWNER/LESSEE OR MANAGING AUTHORITY
__________________________________________
WITNESS'

(E)   A governmental entity is authorized to post appropriate signs or placards indicating the location of Fireworks Prohibited Zones in areas where there are contiguous properties which have filed a Discharge of Fireworks Prohibited Agreement." /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4723--OBJECTION AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4723 (Word version) -- Reps. Loftis, Vaughn, Cato, Allen, Altman, Bales, Barfield, Battle, Branham, J. Brown, Davenport, Hamilton, Haskins, M. Hines, Hosey, Jennings, Leach, McCraw, Owens, Perry, Rice, D. C. Smith, F. N. Smith, G. R. Smith, J. R. Smith, Tripp, Wilkins and Mahaffey: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEES AMONG THE VARIOUS COUNTIES AND COUNTY TRANSPORTATION COMMITTEES ENTITLED TO EXPEND 'C' FUNDS, SO AS TO CHANGE THE NAME OF A COUNTY TRANSPORTATION COMMITTEE TO THE LEGISLATIVE DELEGATION TRANSPORTATION COMMITTEE OF THE PARTICULAR COUNTY.

Rep. LOFTIS explained the Bill.

Rep. KIRSH objected to the Bill.

Reps. MOODY-LAWRENCE, ANTHONY, FREEMAN, RICHARDSON, DAVENPORT, BAILEY and EMORY requested debate on the Bill.


Printed Page 1371 . . . . . Tuesday, March 2, 2004

ORDERED TO THIRD READING

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

H. 4413 (Word version) -- Reps. Cato, Vaughn, Cotty, Leach and Hinson: A BILL TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATES CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION.

Rep. TRIPP explained the Bill.

H. 4615 (Word version) -- Reps. Owens, Anthony, Cato, Loftis, Rice, Sandifer, Duncan, Simrill, Hamilton, Leach, Littlejohn, Mahaffey, McCraw, McLeod, Moody-Lawrence, M. A. Pitts, Phillips, Skelton, Stille, Taylor, Vaughn and Whitmire: A BILL TO AMEND SECTION 6-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS TO BUY POWER BETWEEN A JOINT POWER AND ENERGY AGENCY AND ITS CONSTITUENT MUNICIPALITIES, SO AS TO PROVIDE FOR THE EXTENSION OF CONTRACTS TO BUY POWER BEYOND THE ORIGINAL FIFTY-YEAR LIMIT WHEN THE DATE OF OPERATION OF THE ELECTRICAL UTILITY AGENT IS EXTENDED BY ALL AGENCIES HAVING JURISDICTION OVER SUCH AN EXTENSION.

Rep. SANDIFER explained the Bill.


Printed Page 1372 . . . . . Tuesday, March 2, 2004

H. 4420--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4420 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-125 SO AS TO PROVIDE THAT FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, A NEW EMPLOYING UNIT MUST NOT BE ASSIGNED A DISCRETE EMPLOYER NUMBER WHEN THERE IS AN ACQUISITION OR CHANGE IN THE FORM OF THE ORGANIZATION OF AN EXISTING BUSINESS ENTERPRISE WITH CONTINUITY OF CONTROL, AND TO PROVIDE DEFINITIONS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\ 22465HTC04):
Amend the bill, as and if amended, by striking Section 41-31-125 as contained in SECTION 1, and inserting:
/ Section 41-31-125.   (A)   Notwithstanding the provisions of Sections 41-31-100 and 41-31-120, an employing unit must be assigned all or a portion of the employment benefit record of an existing employing unit when there is an acquisition or change in the form or organization of an existing business enterprise, or severable portion thereof, and there is a continuity of control of the business enterprise. The employing unit must be assigned the same rate as the predecessor, or the predecessor who has the highest base rate if there is more than one predecessor employing unit with different base rates.

(1)   For purposes of this section control of the business enterprise may occur by means of ownership of the organization conducting the business enterprise, ownership of assets necessary to conduct the business enterprise, security arrangements or lease arrangements covering assets necessary to conduct the business enterprise, including workers, or a contract when the ownership, stated arrangements, or contract provide for or allow direction of the internal affairs or conduct of the business enterprise.

(2)   For purposes of this section continuity of control exists if one or more persons, entities, or other organizations controlling the business enterprise remain in control of the business enterprise after an acquisition or change in form or there is a transfer to persons within the first degree of kinship to the transferors. Evidence of continuity of control includes, but is not limited to, changes of an individual


Printed Page 1373 . . . . . Tuesday, March 2, 2004

proprietorship to a corporation, partnership, limited liability company, association, or estate; a partnership to an individual proprietorship, corporation, limited liability company, association, estate, or the addition, deletion, or change of partners; a limited liability company to an individual proprietorship, partnership, corporation, association, estate, or to another limited liability company; a corporation to an individual proprietorship, partnership, limited liability company, association, estate, or to another corporation or from any form to another form.

(B)   An employing unit must not be assigned any portion of the employment benefit record of an existing employing unit upon the acquisition of that established business or of an identifiable and segregable part thereof if:

(1)   the acquiring person was not otherwise an employer at the time of the acquisition;

(2)   the person has no substantial commonality of interest, including ownership or management, in the business acquired; and

(3)   the commission finds that the person acquired the business or an identifiable and segregable part thereof solely or primarily for the purpose of obtaining a lower rate of contributions.

(C)   If the experience rating account of the predecessor employer contains a debit balance, defined as an excess of total benefits charged over total contributions paid, the experience rating account of the predecessor employer in any event must be transferred to the successor employer in accordance with the provisions of Section 41-31-140.

(D)   An employing unit that willfully attempts to violate the provisions of this section must be assessed a penalty in an amount equal to the greater of one hundred dollars or ten percent of the tax determined by the commission to be due for each report that is submitted in violation of this section. This penalty may be recovered in the manner provided in Article 3 of this chapter for the collection of other penalties. Officers and directors of the enterprise comprising the employing unit are individually liable for the penalties assessed pursuant to this paragraph.

A contribution tax return preparer who violates this section or provides advice to an employing unit that results in a willful violation of the provisions of this section is liable to a penalty of not less than one hundred dollars nor more than one thousand dollars for each report submitted in violation of this section. This penalty may be recovered by the commission in an appropriate civil action in any court of competent jurisdiction.


Printed Page 1374 . . . . . Tuesday, March 2, 2004

As used in this section, a 'contribution tax return preparer' is a person who prepares for compensation, or who employs one or more persons to prepare for compensation, any contribution and wage report or report of change in the status of an employing unit required by this chapter or any claim for credit for a tax imposed by this chapter. For purposes of this definition, the completion of a substantial portion of a report is treated as the preparation of the entire report. The term does not include a person merely because the person furnishes typing, reproducing, or other mechanical assistance, prepares a report of the employer, or an officer or employee of the employer, by whom the person is regularly and continuously employed, prepares as a fiduciary a report for any person, or represents a taxpayer in a hearing regarding an issue arising under this chapter. /
Renumber sections to conform.
Amend title to conform.

Rep. RICHARDSON explained the amendment.

Reps. VAUGHN, F. N. SMITH, LEACH, G. R. SMITH and RICE requested debate on the Bill.

H. 4573--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4573 (Word version) -- Reps. Vaughn and Altman: A JOINT RESOLUTION TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DUTIES, AND TERM OF THE COMMERCIAL MOBILE RADIO SERVICE (CMRS) EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO INCREASE ITS TERM OF EXISTENCE TO AUGUST 1, 2007.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 12208MM04), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting clause and inserting:
/SECTION   1.   Section 23-47-65(A)(2) of the 1976 Code, as amended by Act 233 of 2000, is further amended to read:


Printed Page 1375 . . . . . Tuesday, March 2, 2004

"(2)   All committee members, except the ex officio members, must be appointed for a three-year term by the Governor. Committee members may be appointed to one subsequent term terms."
SECTION   2.   Section 23-47-65(F) of the 1976 Code, as amended by Act 233 of 2000, is further amended to read:

"(F)   On August 1, 2004 2007, the committee's existence terminates and all its duties and powers devolve to the board, except that the committee may continue to exist and function upon adoption by the General Assembly of a joint resolution extending its existence past August 1, 2004 2007."
SECTION   3.   This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

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

H. 4081--DEBATE ADJOURNED

The following Bill was taken up:

H. 4081 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT AN ENGINEER, ARCHITECT, OR LANDSCAPE ARCHITECT WHO PERFORMS OR PROVIDES PROFESSIONAL SERVICES FOR THE IMPROVEMENT OF REAL ESTATE IS CONSIDERED TO HAVE FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE, AND TO FURTHER PROVIDE THAT, UNDER CERTAIN CONDITIONS, A REAL ESTATE BROKER WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.

Rep. BINGHAM explained the Bill.


Printed Page 1376 . . . . . Tuesday, March 2, 2004

Rep. BINGHAM moved to adjourn debate on the Bill until Wednesday, March 3, which was agreed to.

H. 3702--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3702 (Word version) -- Reps. White, Hosey, Bowers, G. Brown, Chellis, Clark, Duncan, Hagood, Herbkersman, Leach, McGee, Owens, Pinson, E. H. Pitts, M. A. Pitts, Richardson, Rivers, Sandifer, Sinclair, Taylor, Tripp, Trotter, Umphlett, Whitmire, Young, Coates and Delleney: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE FOR THE RIGHT OF THE PEOPLE TO HUNT, FISH, AND TAKE GAME.

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

SECTION   1.   It is proposed that Article I of the Constitution of this State be amended by adding:

"Section 25.   Fish and wildlife management, including the taking of fish and game, must be consistent with the state's duty to protect this heritage and its duty to conserve wild animals, birds, and fish."

SECTION   2.   The proposed amendment in Section 1 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 Article I, of the Constitution of this State, be amended by adding Section 25 so as to provide fish and wildlife management, including the taking of fish and game, must be consistent with the state's duty to protect this heritage and its duty to conserve wild animals, birds, and fish?

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'."


Printed Page 1377 . . . . . Tuesday, March 2, 2004

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21001SD04), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   It is proposed that Article I of the Constitution of this State be amended by adding:

"Section 25.   Fish and wildlife management, including the taking of fish and game, must be consistent with the state's duty to protect this heritage and its duty to conserve wild animals, birds, and fish."
SECTION   2.   The proposed amendment in Section 1 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 Article I, of the Constitution of this State, be amended by adding Section 25 so as to provide fish and wildlife management, including the taking of fish and game, must be consistent with the state's duty to protect this heritage and its duty to conserve wild animals, birds, and fish?

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. DELLENEY 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 105; Nays 0

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bowers                 Breeland
G. Brown               J. Brown               R. Brown
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates

Printed Page 1378 . . . . . Tuesday, March 2, 2004

Cobb-Hunter            Coleman                Cooper
Dantzler               Delleney               Freeman
Frye                   Gourdine               Govan
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kennedy
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Richardson             Rivers
Rutherford             Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Vaughn
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

Total--105

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.


Printed Page 1379 . . . . . Tuesday, March 2, 2004

H. 3957--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3957 (Word version) -- Reps. Sandifer, Harrison, Delleney, Talley, Whitmire, Hagood and Whipper: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12220AC04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 14-25-15(A) of the 1976 Code, as amended by Act 394 of 2000, is further amended to read:

"(A)   Each municipal judge shall must be appointed by the council to serve for a term set by the council of not less than two years and not to exceed more than four years and until his successor is appointed and qualified. His compensation shall must be fixed by the council."
SECTION   2.   This act takes effect upon approval by the Governor and applies to municipal judges appointed on or after this act's effective date./
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

Reps. PERRY, D. C. SMITH, OWENS, LOFTIS, STEWART, HOSEY, RHOAD, HARRISON, SANDIFER, DELLENEY and WHIPPER requested debate on the Bill.

S. 390--INTERRUPTED DEBATE

The following Bill was taken up:

S. 390 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 20-7-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF CHILDREN'S TRUST FUND, SO AS TO ALLOW THE FUND'S BOARD TO AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION


Printed Page 1380 . . . . . Tuesday, March 2, 2004

OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; SECTION 20-7-5030, RELATING TO THE POWERS AND DUTIES OF THE FUND'S BOARD OF TRUSTEES, SO AS TO ALLOW THE FUND'S BOARD TO ASSESS NEEDS, SOLICIT PROPOSALS, AND AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; AND SECTION 20-7-5050, RELATING TO THE LIMITATION ON THE AMOUNT OF CHILDREN'S TRUST FUND REVENUES WHICH MAY BE DISBURSED, SO AS TO REMOVE THIS LIMITATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20999SD04):
Amend the bill, as and if amended, in subsection (A) of Section 20-7-5010 of the 1976 Code, as contained in SECTION 1, by adding after /organizations / on line 36, page 1, /and qualified state agencies /.
When amended subsection (A) of Section 20-7-5010 shall read:

"(A)   There is established the Children's Trust Fund of South Carolina, an eleemosynary corporation, the resources of which must be used to award grants to private nonprofit organizations and qualified state agencies in order to shall stimulate a broad range of innovative:

(1)   child abuse and neglect prevention programs to meet critical needs of South Carolina's children; or

(2)   programs that enhance or promote the adoption of special needs children in state custody through the awarding of grants to private nonprofit organizations."
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. DELLENEY having the floor.

RECURRENCE TO THE MORNING HOUR

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


Printed Page 1381 . . . . . Tuesday, March 2, 2004

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 2, 2004
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. DELLENEY the invitation was accepted.

HOUSE RESOLUTION

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

H. 4863 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" 2003 WRESTLING TEAM AND THEIR COACHING STAFF ON WEDNESDAY, MARCH 17, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE TEAM FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE CLASS AAAA STATE WRESTLING CHAMPIONSHIP COMPETITION.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the Summerville High School "Green Wave" 2003 Wrestling Team and their coaching staff on Wednesday, March 17, 2004, at a time to be determined by the Speaker, to congratulate them on their State Championship win in the Class AAAA State Wrestling Championship Competition.

The Resolution was adopted.


Printed Page 1382 . . . . . Tuesday, March 2, 2004

HOUSE RESOLUTION

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

H. 4864 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE SUMMERVILLE HIGH SCHOOL GIRLS CROSS COUNTRY TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE "GREEN WAVE" AND THEIR HEAD COACH, BOB CROWLEY, ON WINNING THE 2003 CLASS AAAA GIRLS CROSS COUNTRY STATE CHAMPIONSHIP MEET AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOMING A CHAMPIONSHIP TEAM.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the Summerville High School Girls Cross Country Team at a date and time to be determined by the Speaker, to congratulate the "Green Wave" and their Head Coach, Bob Crowley, on winning the 2003 Class AAAA Girls Cross Country State Championship Meet and to commend them for their hard work, competitive spirit, and dedication to becoming a championship team.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4865 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" AND THEIR HEAD COACH, BOB CROWLEY, ON WINNING THE 2003 CLASS AAAA GIRLS CROSS COUNTRY STATE CHAMPIONSHIP MEET AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE


Printed Page 1383 . . . . . Tuesday, March 2, 2004

SPIRIT, AND DEDICATION TO BECOMING A CHAMPIONSHIP TEAM.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4866 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE 2003 SUMMERVILLE HIGH SCHOOL "GREEN WAVE" WRESTLING TEAM AND HEAD COACH KENNY WALKER AND HIS STAFF FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE CLASS AAAA STATE WRESTLING CHAMPIONSHIP COMPETITION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4867 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION ESTABLISHING THE COMMITTEE TO EXPLORE NEW ECONOMIC COOPERATION ARRANGEMENTS AMONG THE SOUTHERN AND BORDER STATES, TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMITTEE, AND TO REQUIRE IT TO MAKE A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE MAY 1, 2005, AFTER WHICH THE COMMITTEE TERMINATES.
The Concurrent Resolution was ordered referred to the Committee on Labor, Commerce and Industry.

CONCURRENT RESOLUTION

The following was introduced:

H. 4868 (Word version) -- Reps. Davenport, Vaughn, Pinson, Barfield, J. Brown, Clark, Coates, Moody-Lawrence, Owens and Rice: A CONCURRENT


Printed Page 1384 . . . . . Tuesday, March 2, 2004

RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO TAKE VIGOROUS AND IMMEDIATE ACTIONS TO STRENGTHEN DOMESTIC MANUFACTURING, ENTER INTO NO FURTHER AGREEMENTS THAT WOULD ENCOURAGE THE OFFSHORING OF MORE UNITED STATES MANUFACTURING JOBS, AND TO TAKE ACTIONS NECESSARY TO ELIMINATE OR NEGATE ILLEGAL AND UNFAIR TRADE PRACTICES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4869 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON PARKING ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE OWNER OF COMMERCIAL PROPERTY TO POST A NOTICE ON HIS PROPERTY THAT PROHIBITS PARKING, AND TO DELETE A CODE REFERENCE; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIRS OR STORAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING LIENS FOR REPAIRS OR STORAGE OF VEHICLES; TO AMEND SECTION 56-5-2525, RELATING TO REQUIRING A TOWING COMPANY THAT TOWS A MOTOR VEHICLE WITHOUT ITS OWNER'S KNOWLEDGE TO NOTIFY A LAW ENFORCEMENT AGENCY THAT IT TOWED THE VEHICLE, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT RECEIVES THIS NOTICE MUST CREATE A REPORT AND FURNISH THE TOWING COMPANY WITH ITS DOCUMENT NUMBER, AND PROVIDE THAT NOTIFICATION IS NOT REQUIRED WHEN TOWING IS DONE AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO CERTAIN NOTICE THAT MUST BE PROVIDED TO OWNERS AND LIENHOLDERS OF VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, SO AS TO REVISE THE DEFINITION OF THE TERM "VEHICLE", TO REVISE THE


Printed Page 1385 . . . . . Tuesday, March 2, 2004

CONTENTS OF THE NOTICE THAT MUST BE PROVIDED TO THE OWNERS AND LIENHOLDERS OF THE VEHICLES, TO DELETE THE PROVISION THAT ALLOWS CERTAIN STORAGE COSTS TO BE RECOVERED FROM THE PROCEEDS OF THE SALE OF THE VEHICLES, AND TO PROVIDE THAT COSTS ASSOCIATED WITH TOWING AND STORAGE OF CERTAIN STOLEN VEHICLES MAY BE RECOVERED UPON THE COURT'S ORDER OF RESTITUTION; TO AMEND SECTION 56-5-5635, RELATING TO LAW ENFORCEMENT TOWING PROCEDURES, SO AS TO PROVIDE THAT CERTAIN FEES MAY BE RECOVERED BY A TOWING OR STORAGE OPERATOR EVEN THOUGH HE HAS FAILED TO PROVIDE A LAW ENFORCEMENT AGENCY A LIST DESCRIBING THE VEHICLES OR OTHER PROPERTY THE AGENCY HAS REQUESTED TO BE TOWED, TO REVISE THE AMOUNT OF STORAGE COSTS THAT MAY BE CHARGED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE PROCEDURE TO NOTIFY OWNERS AND LIENHOLDERS OF VEHICLES, TO REVISE THE PROCEDURE TO ALLOW THE STORAGE FACILITY TO RELEASE CERTAIN ITEMS CONTAINED IN A STORED VEHICLE TO ITS OWNER, AND TO PROVIDE A PROCEDURE FOR LAW ENFORCEMENT AGENCIES TO FOLLOW WHEN THEY STORE VEHICLES ON THEIR PREMISES FOR SALE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF UNCLAIMED VEHICLES AND THE DISPOSITION OF THE PROCEEDS FROM THEIR SALE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, CHANGE A CODE REFERENCE, AND TO PROVIDE THAT THE MAGISTRATE SHALL NOTIFY CERTAIN PERSONS THAT THEY MAY CLAIM THE PROCEEDS FROM THE SALE OF A VEHICLE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF A STORAGE PLACE; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO THE ATTACHMENT OF COLORED TAGS ON CERTAIN VEHICLES THAT ARE LEFT UNATTENDED ON A HIGHWAY OR PUBLIC OR PRIVATE PROPERTY, SO AS TO PROVIDE THAT THE COLORED TAG SHALL SERVE AS THE ONLY LEGAL NOTICE THAT THE VEHICLE WILL BE REMOVED TO A DESIGNATED PLACE TO BE SOLD IF THE VEHICLE IS NOT REMOVED WITHIN A CERTAIN PERIOD OF TIME, AND TO DELETE ALL PROVISIONS THAT RELATE TO NOTICE REQUIREMENTS BEFORE THE VEHICLE IS SOLD AND THE SALE OF THE

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VEHICLE; AND TO AMEND SECTION 56-19-840, RELATING TO REQUIRING AN OPERATOR OF A PLACE OF BUSINESS FOR GARAGING, REPAIRING, PARKING, OR STORING CERTAIN VEHICLES TO REPORT UNCLAIMED VEHICLES IN HIS POSSESSION TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE REPORT MAY BE SUBMITTED BEFORE THE EXPIRATION OF THE REPORTING PERIOD, BUT NOT AFTER THE PERIOD EXPIRES, AND TO REVISE THE DEFINITION OF THE TERM "UNCLAIMED".
Referred to Committee on Labor, Commerce and Industry

H. 4870 (Word version) -- Rep. Stille: A BILL TO AMEND SECTIONS 59-26-85, 59-5-85, AND 59-1-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO TEACHERS CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS, SO AS TO INCLUDE TEACHERS CERTIFIED BY THE AMERICAN BOARD FOR CERTIFICATION FOR TEACHER EXCELLENCE.
Referred to Committee on Education and Public Works

H. 4871 (Word version) -- Reps. Witherspoon, Viers, Barfield, Clemmons and Keegan: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE A CERTAIN VOTING PRECINCT IN HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. WITHERSPOON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

MOTION ADOPTED

Rep. SCOTT moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.


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RATIFICATION OF ACTS

At 1:00 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R199, S. 481 (Word version)) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

(R200, S. 743 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO BUSINESS ENTERPRISE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2832, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R201, S. 829 (Word version)) -- Senator McGill: AN ACT TO PROVIDE THAT THE POWER TO LEVY THE ANNUAL MILLAGE NECESSARY TO FUND THE OPERATING AND CAPITAL EXPENSES OF WILLIAMSBURG COUNTY TECHNICAL EDUCATION COLLEGE IS TRANSFERRED FROM THE WILLIAMSBURG COUNTY SCHOOL BOARD OF TRUSTEES TO THE WILLIAMSBURG COUNTY COUNCIL AND TO REPEAL SECTION 7 OF ACT 632 OF 1980.

(R202, S. 856 (Word version)) -- Senator Hawkins: AN ACT TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

(R203, H. 3516 (Word version)) -- Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille, Taylor, Cotty and Edge: AN ACT TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO ADD TO THE LIST OF CASES OVER WHICH MAGISTRATES HAVE CONCURRENT CIVIL JURISDICTION ACTIONS FOR DAMAGES ARISING FROM A


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PERSON'S FAILURE TO RETURN LEASED OR RENTED PERSONAL PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE EXPIRATION OF THE LEASE OR RENTAL AGREEMENT, TO PROVIDE SUCH DAMAGES TO BE BASED ON THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY, WHICHEVER IS LESS, AND TO REQUIRE THAT THE LEASE OR RENTAL AGREEMENT SHALL SPECIFY THE MANNER IN WHICH THE CALCULATION OF THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY SHALL BE CALCULATED.

(R204, H. 3681 (Word version)) -- Reps. E.H. Pitts, Clark, Duncan, Frye, Koon and Merrill: AN ACT TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS A GROUND, THE CONVICTION OF A PARENT FOR THE MURDER OF THE CHILD'S OTHER PARENT; AND TO AMEND SECTION 20-7-1564, AS AMENDED, RELATING TO PARTIES WHO MAY BRING AN ACTION FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES IS NOT REQUIRED TO AMEND A CHILD'S PLACEMENT PLAN BEFORE BRINGING SUCH AN ACTION.

(R205, H. 4544 (Word version)) -- Rep. Harvin: AN ACT TO ENACT THE "CLARENDON COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN CLARENDON COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF CLARENDON COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE GOVERNING BODY OF CLARENDON COUNTY AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM IN THE COUNTY ON THE QUESTION OF IMPOSITION OF THIS TAX, AND TO PROVIDE THAT A TAX IMPOSED PURSUANT TO THIS ACT MUST BE COLLECTED AND ENFORCED, WITH APPLICABLE PENALTIES, BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE


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CLARENDON COUNTY TREASURER FOR THE CLARENDON COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL DETERMINE THE METHOD OF DISTRIBUTION OF THE REVENUES OF THIS TAX TO THE THREE SCHOOL DISTRICTS IN CLARENDON COUNTY, TO PROVIDE THAT THE TAX AUTHORIZED BY THIS ACT MUST BE IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE, AND TO PROVIDE FOR DISTRIBUTION OF DATA AND PROVIDE PENALTIES FOR VIOLATIONS OF RELEASING DATA ABOUT A SPECIFIC TAXPAYER.

(R206, H. 4673 (Word version)) -- Reps. Young, Chellis, Bailey and Harrell: AN ACT TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.

(R207, H. 4687 (Word version)) -- Rep. Cooper: A JOINT RESOLUTION TO ALLOW AN ENTITY THAT BEGAN PARTICIPATION IN THE STATE HEALTH INSURANCE PLAN BEFORE APRIL 1, 2004, TO DISCONTINUE PARTICIPATION IN THE PLAN REGARDLESS OF THE FOUR-YEAR MINIMUM PARTICIPATION REQUIREMENT IF THE ENTITY IS ADVERSELY AFFECTED BY THE IMPLEMENTATION OF EXPERIENCE RATING IN JULY 1, 2004, AND TO PROVIDE THE REQUIREMENTS FOR DISCONTINUING SUCH PARTICIPATION.


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(R208, H. 4700 (Word version)) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN BAMBERG-EHRHARDT SCHOOL DISTRICT 1 AND DENMARK-OLAR SCHOOL DISTRICT 2 IN BAMBERG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R209, H. 4702 (Word version)) -- Rep. Harvin: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

(R210, H. 4713 (Word version)) -- Reps. G.M. Smith, Weeks and Coates: AN ACT TO AMEND ACT 797 OF 1988, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY, SO AS TO ADD A VOTING MEMBER TO THE CAREER CENTER BOARD OF TRUSTEES.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4853 (Word version) -- Reps. J. Hines and Neilson: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE LAMAR HIGH SCHOOL "SILVER FOXES" FOOTBALL TEAM AND HEAD COACH J. R. BOYD AND HIS STAFF FOR WINNING THE 2003 CLASS A STATE FOOTBALL CHAMPIONSHIP.

H. 4854 (Word version) -- Reps. Harvin, Snow and Kennedy: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF SOUTH CAROLINA'S MOST


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RESPECTED JURISTS, APPELLATE COURT JUDGE CAROL CONNOR, UPON HER DEATH ON FEBRUARY 20, 2004.

ADJOURNMENT

At 1:10 p.m. the House, in accordance with the motion of Rep. SKELTON, adjourned in memory of Dr. Claude R. Rickman, former president of Southern Wesleyan University, to meet at 10:00 a.m. tomorrow.

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