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


Printed Page 2146 . . . . . Thursday, March 25, 2004

Thursday, March 25, 2004
(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 II Samuel 22:29: "You are my lamp, O Lord; the Lord turns my darkness into light."
Let us pray. Almighty and Merciful God, shed Your bountiful blessings on this body that they give careful thought to the proceedings of this day. Make them ever mindful of Your presence over them and the awesome responsibility that is given to them to do the best for the people of this State. Be with Rep. Skelton in surgery, guide the hand of the surgeon, and give him Your comfort. Touch Rep. Rhoad's son and heal him. Bless, preserve, and keep our leaders in Your care. Hold our defenders of freedom in Your loving arms. Hear us as we pray. 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.

SILENT PRAYER

The House stood in silent prayer for Tom Rhoad, son of Representative Rhoad, who is in serious condition.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 24, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hutto, Ritchie and Richardson of the Committee of Conference on the part of the Senate on H. 4272:

H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller,


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Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

Very respectfully,
President
Received as information.

REPORTS OF STANDING COMMITTEE

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

H. 4818 (Word version) -- Reps. Cato, J. H. Neal, Moody-Lawrence, Lloyd, R. Brown, Emory, Mack, Cobb-Hunter, Govan, Chellis, Whipper, Trotter, Cooper, White, Barfield, Harrison, Sandifer, Thompson, McGee, Merrill, W. D. Smith and Huggins: A BILL TO AMEND SECTION 37-2-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CREDIT SALE, SO AS TO PROVIDE THAT A DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; TO AMEND SECTION 37-3-202, RELATING TO ADDITIONAL CHARGES PERMITTED IN CONNECTION WITH A CONSUMER LOAN, SO AS TO INCLUDE OPEN-END CREDIT PURSUANT TO A LENDER CREDIT CARD OR SIMILAR ARRANGEMENT IN CONFORMANCE WITH OTHER PROVISIONS AND TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN, SO AS TO PROVIDE THAT THE DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; AND TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR


Printed Page 2148 . . . . . Thursday, March 25, 2004

PARTIES TO A CONSUMER LOAN, SO AS TO INCLUDE A CONSPICUOUS NOTICE IN CONFORMITY WITH OTHER LAW AND TO MAKE A TECHNICAL CORRECTION.
Ordered for consideration tomorrow.

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

S. 888 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF PERSONS WHO MANUFACTURE, SELL, INSTALL, MODIFY, OR ALTER MANUFACTURED HOMES, SO AS TO DEFINE "NEW MANUFACTURED HOME".
Ordered for consideration tomorrow.

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

S. 827 (Word version) -- Senators McConnell and J. V. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.

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

H. 4688 (Word version) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE


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ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 5024 (Word version) -- Rep. Kennedy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO C. E. MURRAY HIGH SCHOOL "WAR EAGLES" GIRLS BASKETBALL TEAM, ITS COACHING STAFF, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE 2004 CLASS A STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to C. E. Murray High School "War Eagles" Girls Basketball team, its coaching staff, and other school officials at a date and time to be determined by the Speaker for the purpose of recognizing them for winning the 2004 Class A State Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5025 (Word version) -- Reps. Hayes and McLeod: A HOUSE RESOLUTION CONGRATULATING, HONORING, AND RECOGNIZING JUDGE WILLIAM J. MCLEOD, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED JUDGES, UPON HIS ARRIVING AT THE AGE OF FOUR SCORE AND FIVE YEARS, AND FOR HIS


Printed Page 2150 . . . . . Thursday, March 25, 2004

OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS AND HIS DEDICATED AND DISTINGUISHED LEADERSHIP SERVICE TO THE CITY AND COUNTY OF DILLON, THE STATE OF SOUTH CAROLINA, AND THE UNITED STATES OF AMERICA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5026 (Word version) -- Reps. Walker and Mahaffey: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS, MINISTERS, STAFF, AND FRIENDS OF THE HOLLY SPRINGS BAPTIST CHURCH OF SPARTANBURG COUNTY ON THE OCCASION OF THE CELEBRATION OF ITS TWO HUNDREDTH ANNIVERSARY THIS YEAR.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1076 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 6 WHICH TRAVERSES THE CORPORATE LIMITS OF THE TOWN OF SAINT MATTHEWS IN CALHOUN COUNTY AS THE T. M. "BABE" NELSON MEMORIAL HIGHWAY IN HONOR OF THE LATE T. M. "BABE" NELSON IN RECOGNITION OF HIS DISTINGUISHED SERVICE TO HIS NATION, STATE, THE TOWN OF SAINT MATTHEWS, HIS CHURCH, AND THE CALHOUN COUNTY DEMOCRATIC PARTY AND FURTHER TO REQUEST THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THIS DESIGNATION ON HIGHWAY 6 AT THE MUNICIPAL BOUNDARIES OF THE TOWN OF SAINT MATTHEWS IN RECOGNITION OF THE


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COMMUNITY AND PUBLIC SERVICE OF THIS DISTINGUISHED SON OF SOUTH CAROLINA.
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 committee:

H. 5027 (Word version) -- Reps. Harrell, W. D. Smith, Merrill, Clemmons, Cooper, Altman, Barfield, Cato, Ceips, Chellis, Duncan, Edge, Gilham, Hayes, Herbkersman, Keegan, Limehouse, Miller, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "UNIFORM AND FAIR GOLF COURSE VALUATION ACT OF 2004" BY ADDING SECTION 12-43-365 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY IS DETERMINED FOR AD VALOREM TAX PURPOSES AND THE PROCEDURES WHICH APPLY WITH RESPECT TO THIS DETERMINATION.
Referred to Committee on Ways and Means

S. 852 (Word version) -- Senator McGill: A BILL TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION.
Referred to Committee on Ways and Means

ROLL CALL

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

Allen                  Altman                 Anthony
Bales                  Barfield               Battle

Printed Page 2152 . . . . . Thursday, March 25, 2004

Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Hagood
Hamilton               Harrell                Hayes
Herbkersman            J. Hines               Hinson
Hosey                  Howard                 Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               McGee                  McLeod
Merrill                Miller                 J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Richardson             Rivers
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. 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
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 25.

Mack Hines                        DeWitt McCraw
James Harrison                    George Bailey
Todd Rutherford                   Fletcher Smith
Teddy Trotter                     Bessie Moody-Lawrence

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H.B. "Chip" Limehouse             Seth Whipper
Douglas Jennings                  Jerry Govan
Gloria Haskins                    Richard Quinn
Ralph Davenport
Becky Martin   Joseph Neal
Alex Harvin

Total Present--121

STATEMENTS OF ATTENDANCE

Reps. KOON and JENNINGS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, March 24.

SPECIAL PRESENTATION

Reps. MCLEOD and HUGGINS presented to the House the Chapin High School Cheerleading Squad, the 2003 Class AA Champions, their coach 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. 4291 (Word version)
Date:   ADD:
03/25/04   M. A. PITTS


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CO-SPONSOR ADDED

Bill Number:   H. 4291 (Word version)
Date:   ADD:
03/25/04   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 4817 (Word version)
Date:   ADD:
03/25/04   HARVIN

SENT TO THE SENATE

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

H. 5015 (Word version) -- Rep. Frye: A JOINT RESOLUTION TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SALUDA COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

ORDERED TO THIRD READING

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

S. 951 (Word version) -- Senator Hutto: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE BARNWELL 19, BARNWELL 29, OR BARNWELL 45 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.

S. 952 (Word version) -- Senator Hutto: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE ORANGEBURG 3, ORANGEBURG 4, OR ORANGEBURG 5 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A


Printed Page 2155 . . . . . Thursday, March 25, 2004

MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.

S. 954 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE CHESTER COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

S. 955 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

S. 956 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE YORK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

S. 957 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE FAIRFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

S. 953 (Word version) -- Senators Setzler, Knotts, Cromer and Courson: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON 1 OR LEXINGTON 2 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.


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H. 5019 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON INDIGENT DEFENSE MAY TRANSFER UNSPENT FUNDS FROM CARRY-FORWARD MONEYS FROM THE LAST FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP OFFSET THAT AGENCY'S BUDGET REDUCTIONS.

Rep. HARRISON explained the Joint Resolution.

S. 951--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HOSEY, with unanimous consent, it was ordered that S. 951 (Word version) be read the third time tomorrow.

S. 952--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that S. 952 (Word version) be read the third time tomorrow.

S. 954--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 954 (Word version) be read the third time tomorrow.

S. 955--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ANTHONY, with unanimous consent, it was ordered that S. 955 (Word version) be read the third time tomorrow.

S. 956--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 956 (Word version) be read the third time tomorrow.

S. 957--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 957 (Word version) be read the third time tomorrow.

S. 953--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. E. H. PITTS, with unanimous consent, it was ordered that S. 953 (Word version) be read the third time tomorrow.

H. 5019--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 5019 (Word version) be read the third time tomorrow.


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H. 4731--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4731 (Word version) -- Reps. Howard, Bales, J. Brown, Cotty, Harrison, Lourie, J. H. Neal, Parks, Quinn, Rutherford, Scott and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-850 SO AS TO DEFINE THE TERM "FUNERAL PROCESSION", AND TO PROVIDE FOR THE DUTIES OF OPERATORS OF VEHICLES IN A FUNERAL PROCESSION AND NOT IN A FUNERAL PROCESSION.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5902CM04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-850.   (A)   As used in this section, 'funeral procession' means two or more vehicles accompanying the body of a deceased person when each vehicle has its headlights on or is displaying a pennant attached in a manner as to clearly be visible to approaching traffic, or is escorted by a law enforcement vehicle.

(B)   A vehicle in a funeral procession has the right-of-way at an intersection and may proceed through the intersection if the procession is led by an escort vehicle displaying flashing yellow, red, or blue lights, except when:

(1)   an emergency vehicle requires the right-of-way;

(2)   vehicles in the procession are directed otherwise by a law enforcement officer; or

(3)   the vehicle is a train or locomotive.

(C)   Before assuming the right-of-way, a person who drives a vehicle in a funeral procession shall exercise caution with regard to crossing traffic.

(D)   A person who drives a vehicle that is not part of a funeral procession shall not drive the vehicle between the vehicles of the funeral procession or interfere with the progress of the procession, except when the:

(1)   person is authorized to do so by a law enforcement officer; or

(2)   vehicle is an emergency vehicle.


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(E)   A person who drives a vehicle that is not a part of a funeral procession shall not illuminate the vehicle headlights or engage in any other act for the purpose of securing the right-of-way granted to funeral processions.

(F)   The escort vehicle, hearse, or other vehicles in a funeral procession may be equipped with flashing amber lights for the purpose of notifying the general public of the procession and gaining the right-of-way at intersections, or signaling the end of a procession.

(G)   A person authorized to use flashing lights may use them while accompanying a funeral procession to warn traffic that a procession is approaching or that it is in progress.

(H)   When a funeral procession is in progress, a person driving a vehicle not in the procession shall not pass in either direction or overtake any vehicle in the procession unless the:

(1)   person is directed to do so by a law enforcement officer;

(2)   procession is on a street, road, or highway outside the corporate limits of a city or town;

(3)   driver is traveling in the opposite direction on a divided multi-lane highway, road, or street; or

(4)   procession is on an interstate highway or a state parkway.

(I)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HOWARD explained the amendment.

Reps. COOPER, RICE, SANDIFER, DUNCAN, M. A. PITTS, WHITMIRE, THOMPSON, YOUNG, KENNEDY, CLARK and PINSON requested debate on the Bill.

H. 3827--POINT OF ORDER

The following Bill was taken up:

H. 3827 (Word version) -- Reps. Hinson, Keegan, Viers, Merrill, Barfield, Clemmons, Dantzler, Frye, Gilham, Huggins, Koon, Limehouse, Pinson, E. H. Pitts, Richardson, Scarborough, Simrill, Stille, Vaughn and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-146, 56-1-147,


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AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF CERTAIN FELONIES AND PERSONS INCARCERATED OR ON PAROLE OR PROBATION FOR CERTAIN FELONIES SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF CERTAIN FELONIES IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF CERTAIN FELONIES IN THIS STATE; AND TO AMEND SECTION 56-1-3370, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.

Rep. SINCLAIR explained the Bill.

POINT OF ORDER

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


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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. 4291--POINT OF ORDER

The following Bill was taken up:

H. 4291 (Word version) -- Reps. White, Branham, Clark, Trotter, M. A. Pitts and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12380AC04):
Amend the bill, as and if amended, Section 40-33-1315(D)(2), page 5, line 6 by deleting /registered/ and inserting /practical/. So when amended Section 40-33-1315(D)(2) reads:
/     (2)   A licensed practical nurse who has been granted multi-state licensing privileges by a party state may practice practical nursing in this State. /
Amend the bill further, SECTION 3 of the bill, page 10, line 31 by deleting /March 1, 2005/ and inserting /January 1, 2006/. So when amended SECTION 3 of the bill reads:
/SECTION   3.   The South Carolina Board of Nursing shall periodically report to the General Assembly on the implementation of the provisions of the Nurse Licensure Compact, Article 15, Chapter 33


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of Title 40 of the 1976 Code, as added by Section 1 of this act, and no later than January 1, 2006. /
Renumber sections to conform.
Amend title to conform.

Rep. PARKS explained the amendment.

POINT OF ORDER

Rep. WHITE 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. 4600--POINT OF ORDER

The following Bill was taken up:

H. 4600 (Word version) -- Reps. Townsend, Cooper, Martin, Stille, Thompson and White: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.

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 2162 . . . . . Thursday, March 25, 2004

H. 4681--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Joint Resolution were taken up for consideration:

H. 4681 (Word version) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN 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.

The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 104 (Word version) -- Senator Mescher: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.

MOTION PERIOD

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


Printed Page 2163 . . . . . Thursday, March 25, 2004

H. 4731--DEBATE ADJOURNED

The following Bill was taken up:

H. 4731 (Word version) -- Reps. Howard, Bales, J. Brown, Cotty, Harrison, Lourie, J. H. Neal, Parks, Quinn, Rutherford, Scott and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-850 SO AS TO DEFINE THE TERM "FUNERAL PROCESSION", AND TO PROVIDE FOR THE DUTIES OF OPERATORS OF VEHICLES IN A FUNERAL PROCESSION AND NOT IN A FUNERAL PROCESSION.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5902CM04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-850.   (A)   As used in this section, 'funeral procession' means two or more vehicles accompanying the body of a deceased person when each vehicle has its headlights on or is displaying a pennant attached in a manner as to clearly be visible to approaching traffic, or is escorted by a law enforcement vehicle.

(B)   A vehicle in a funeral procession has the right-of-way at an intersection and may proceed through the intersection if the procession is led by an escort vehicle displaying flashing yellow, red, or blue lights, except when:

(1)   an emergency vehicle requires the right-of-way;

(2)   vehicles in the procession are directed otherwise by a law enforcement officer; or

(3)   the vehicle is a train or locomotive.

(C)   Before assuming the right-of-way, a person who drives a vehicle in a funeral procession shall exercise caution with regard to crossing traffic.

(D)   A person who drives a vehicle that is not part of a funeral procession shall not drive the vehicle between the vehicles of the funeral procession or interfere with the progress of the procession, except when the:

(1)   person is authorized to do so by a law enforcement officer; or

(2)   vehicle is an emergency vehicle.


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(E)   A person who drives a vehicle that is not a part of a funeral procession shall not illuminate the vehicle headlights or engage in any other act for the purpose of securing the right-of-way granted to funeral processions.

(F)   The escort vehicle, hearse, or other vehicles in a funeral procession may be equipped with flashing amber lights for the purpose of notifying the general public of the procession and gaining the right-of-way at intersections, or signaling the end of a procession.

(G)   A person authorized to use flashing lights may use them while accompanying a funeral procession to warn traffic that a procession is approaching or that it is in progress.

(H)   When a funeral procession is in progress, a person driving a vehicle not in the procession shall not pass in either direction or overtake any vehicle in the procession unless the:

(1)   person is directed to do so by a law enforcement officer;

(2)   procession is on a street, road, or highway outside the corporate limits of a city or town;

(3)   driver is traveling in the opposite direction on a divided multi-lane highway, road, or street; or

(4)   procession is on an interstate highway or a state parkway.

(I)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HOWARD spoke in favor of the amendment.

Rep. SANDIFER moved to commit the Bill to the Committee on Judiciary.

Rep. HOWARD moved to table the motion, which was agreed to by a division vote of 38 to 28.

Rep. RICE moved to adjourn debate on the Bill until Tuesday, March 30.

Rep. HOWARD moved to table the motion.


Printed Page 2165 . . . . . Thursday, March 25, 2004

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

Yeas 46; Nays 54

Those who voted in the affirmative are:

Allen                  Anthony                Bales
Branham                Breeland               G. Brown
J. Brown               R. Brown               Ceips
Clyburn                Coleman                Emory
Freeman                Gourdine               Govan
J. Hines               M. Hines               Hosey
Howard                 Jennings               Kennedy
Kirsh                  Lee                    Littlejohn
Lloyd                  Lourie                 Mack
McGee                  McLeod                 Miller
Moody-Lawrence         J. H. Neal             Neilson
Ott                    Parks                  E. H. Pitts
Rhoad                  Richardson             Rutherford
Scott                  F. N. Smith            J. E. Smith
Trotter                Weeks                  Whipper
Young

Total--46

Those who voted in the negative are:

Barfield               Bingham                Bowers
Chellis                Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gilham                 Hamilton
Harrison               Herbkersman            Hinson
Huggins                Keegan                 Koon
Leach                  Limehouse              Loftis
Lucas                  Mahaffey               Martin
McCraw                 Merrill                Owens
Perry                  M. A. Pitts            Quinn
Rice                   Sandifer               Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Tripp

Printed Page 2166 . . . . . Thursday, March 25, 2004

Umphlett               Walker                 White
Whitmire               Wilkins                Witherspoon

Total--54

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Tuesday, March 30, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

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

H. 5028 (Word version) -- Reps. E. H. Pitts and Harrison: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS OF THE GLENFOREST SCHOOL BOYS BASKETBALL TEAM ON WEDNESDAY, MARCH 31, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON WINNING THE SCISA CLASS A STATE CHAMPIONSHIP.

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 players, coaches, staff, and other school officials of the Glenforest School Boys Basketball Team on Wednesday, March 31, 2004, at a time to be determined by the Speaker, for the purpose of congratulating them on winning the SCISA Class A State Championship.

The Resolution was adopted.


Printed Page 2167 . . . . . Thursday, March 25, 2004

CONCURRENT RESOLUTION

The following was introduced:

H. 5029 (Word version) -- Reps. E. H. Pitts and Harrison: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE GLENFOREST SCHOOL BOYS BASKETBALL TEAM IN WEST COLUMBIA FOR WINNING THE SCISA CLASS A STATE CHAMPIONSHIP ON MARCH 6, 2004, AND TO WISH THE PLAYERS, COACHES, AND STAFF MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5030 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 6 IN CALHOUN COUNTY THAT PASSES THROUGH THE TOWN OF ST. MATTHEWS, THE "T. M. 'BABE' NELSON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH POINTS WHERE SOUTH CAROLINA HIGHWAY 6 CROSSES THE ST. MATTHEWS TOWN LIMIT CONTAINING THE WORDS "T. M. 'BABE' NELSON MEMORIAL HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF ST. MATTHEWS, CALHOUN COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS NATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 5031 (Word version) -- Reps. Ceips, Loftis and Witherspoon: A CONCURRENT RESOLUTION DECLARING THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT ALL BEACH QUALITY SAND EXCAVATED WITHIN THE BOUNDARIES OF THIS STATE FOR IMPROVING THE HARBOR CHANNEL AND TURNING BASIN FACILITIES IN THE SAVANNAH RIVER BE TRANSPORTED TO


Printed Page 2168 . . . . . Thursday, March 25, 2004

AND USED TO RENOURISH THE PUBLIC BEACHES OF THIS STATE AND TO FURTHER DECLARE THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT APPROPRIATE STATE AGENCIES WORK TO PREVENT THE USE OF THIS BEACH QUALITY SAND EXCAVATED IN THIS STATE FROM BEING USED TO RENOURISH GEORGIA BEACHES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 5032 (Word version) -- Reps. Toole, Bingham, Koon, E. H. Pitts, Clark, Ott, Frye, Huggins and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO WON STATEWIDE DISTRIBUTIVE EDUCATION CLUBS OF AMERICA (DECA) AWARDS IN MARKETING COMPETITION IN MYRTLE BEACH ON FEBRUARY 27-29, 2004, COMMEND THEM FOR THEIR TENACITY AND ENTREPRENEURIAL SPIRIT, AND WISH THEM AND THEIR TEACHER AND ADVISOR, CARL VADASZ, AND CO-ADVISOR, CAROL LYNN NUTE, WELL AS THEY COMPETE ON THE NATIONAL LEVEL MAY 1-5, 2004, IN NASHVILLE, TENNESSEE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1101 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. LUCY ROWE OF THE PLEASANT HILL COMMUNITY IN GEORGETOWN COUNTY UPON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO EXTEND TO HER BEST WISHES FOR MANY MORE HAPPY BIRTHDAYS TO COME.

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


Printed Page 2169 . . . . . Thursday, March 25, 2004

INTRODUCTION OF BILLS

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

H. 5033 (Word version) -- Reps. Walker, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
On motion of Rep. WALKER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 5034 (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 MEDICAL EXAMINERS, RELATING TO CONTINUED COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2891, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 5035 (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 NURSING, RELATING TO LICENSURE EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2898, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 5036 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT


Printed Page 2170 . . . . . Thursday, March 25, 2004

CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS.
Referred to Committee on Ways and Means

H. 5037 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-10-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING PAYMENT OF WAGES, SO AS TO INCLUDE BONUSES AND EXPENSE REIMBURSEMENTS IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-40, RELATING TO PAYMENT OF WAGES, SO AS TO DELETE CERTAIN REFERENCES; TO AMEND SECTION 41-10-50, AS AMENDED, RELATING TO PAYMENT OF WAGES DUE TO DISCHARGED EMPLOYEES, SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES, WAGES DUE MUST BE PAID WITHIN THIRTY DAYS OF SEPARATION OF EMPLOYMENT; TO AMEND SECTION 41-10-60, RELATING TO THE UNCONDITIONAL PAYMENT OF WAGES AN EMPLOYER CONCEDES ARE DUE, SO AS TO PROVIDE THAT AN EMPLOYER DOES NOT HAVE TO PAY THE AMOUNT OF THE WAGES THAT ARE IN DISPUTE; TO AMEND SECTION 41-10-80, AS AMENDED, RELATING TO CIVIL ACTIONS BY EMPLOYEES FOR FAILURE TO PAY WAGES, SO AS TO PROVIDE THAT IF A SUCCESSFUL CIVIL ACTION IS BROUGHT FOR DISPUTED WAGES, TREBLE DAMAGES AND ATTORNEYS' FEES CANNOT BE RECOVERED IF THE COURT FINDS A GOOD FAITH DISPUTE CONCERNING THE AMOUNT OF WAGES DUE AND PROVIDE FOR AN APPEAL TO THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 41-10-90, AS AMENDED, RELATING TO ACTIONS FOR COLLECTION OF PENALTIES, SO AS TO CLARIFY THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION OR HIS DESIGNEE SHALL TAKE APPROPRIATE ACTION, WHETHER LEGAL OR ADMINISTRATIVE, AGAINST THE ASSESSED EMPLOYER FOR COLLECTION OF THE PENALTY; AND TO AMEND SECTION 41-10-110, AS AMENDED, RELATING TO THE RIGHT OF THE COMMISSIONER OF LABOR TO ENTER AND TO CONDUCT AN INVESTIGATION, SO AS TO INCLUDE A DOCUMENT RELEVANT TO THE TOTAL COMPENSATION PACKAGE IN THE ITEMS THAT MAY BE INSPECTED.
Referred to Committee on Labor, Commerce and Industry


Printed Page 2171 . . . . . Thursday, March 25, 2004

OBJECTION TO RECALL

Rep. TOWNSEND asked unanimous consent to recall H. 5023 (Word version) from the Committee on Education and Public Works.
Rep. LOFTIS objected.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5026 (Word version) -- Reps. Walker and Mahaffey: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS, MINISTERS, STAFF, AND FRIENDS OF THE HOLLY SPRINGS BAPTIST CHURCH OF SPARTANBURG COUNTY ON THE OCCASION OF THE CELEBRATION OF ITS TWO HUNDREDTH ANNIVERSARY THIS YEAR.

H. 5029 (Word version) -- Reps. E.H. Pitts and Harrison: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE GLENFOREST SCHOOL BOYS BASKETBALL TEAM IN WEST COLUMBIA FOR WINNING THE SCISA CLASS A STATE CHAMPIONSHIP ON MARCH 6, 2004, AND TO WISH THE PLAYERS, COACHES, AND STAFF MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

H. 5032 (Word version) -- Reps. Toole, Bingham, Koon, E.H. Pitts, Clark, Ott, Frye, Huggins and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO WON STATEWIDE DISTRIBUTIVE EDUCATION CLUBS OF AMERICA (DECA) AWARDS IN MARKETING COMPETITION IN MYRTLE BEACH ON FEBRUARY 27-29, 2004, COMMEND THEM FOR THEIR TENACITY AND ENTREPRENEURIAL SPIRIT, AND WISH THEM AND THEIR TEACHER AND ADVISOR, CARL VADASZ, AND CO-ADVISOR, CAROL LYNN NUTE, WELL AS THEY COMPETE ON THE NATIONAL LEVEL MAY 1-5, 2004, IN NASHVILLE, TENNESSEE.

ADJOURNMENT

At 11:20 a.m. the House in accordance with the motion of Rep. J. H. NEAL adjourned to meet at 10:00 a.m. tomorrow.

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