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

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Tuesday, March 30, 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 Proverbs 10:7: "The memory of the righteous will be a blessing, but the name of the wicked will rot."
Let us pray. Almighty God, Your love and mercy surround us every day. Make Your presence known as these men and women assemble to enact the laws and resolutions to enhance the lives of the people in South Carolina. Give them the knowledge and the integrity to do what is right and pleasing to You. Guide and protect those who govern in our State and Nation. Enfold our defenders of freedom in Your safe arms. 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. J. BROWN moved that when the House adjourns, it adjourn in memory of John M. Anderson, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Representative Phillips who is in the hospital.

REPORTS OF STANDING COMMITTEE

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5021 (Word version) -- Rep. Duncan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NORTH CREEK BRIDGE ON SOUTH CAROLINA HIGHWAY 72 WEST IN LAURENS COUNTY, THE "CHARLES

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HAMPTON JOHNSON MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "CHARLES HAMPTON JOHNSON MEMORIAL BRIDGE".
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5022 (Word version) -- Reps. Richardson, Kirsh, Simrill, Moody-Lawrence, Emory, Delleney and McCraw: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE SUTTON ROAD EXIT ON I-77 IN YORK COUNTY IN HONOR OF CHARLES E. POWERS, MAYOR OF THE TOWN OF FORT MILL, IN RECOGNITION OF HIS OUTSTANDING SERVICE TO HIS COMMUNITY AND THE CITIZENS OF FORT MILL AND PLACE APPROPRIATE SIGNS OR MARKERS AT THE INTERCHANGE.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 5038 (Word version) -- Reps. M. A. Pitts, Parks and Pinson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE NINETY SIX HIGH SCHOOL GIRLS VOLLEYBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE TEAM AND THEIR COACHING STAFF ON WINNING THE DIVISION 1-A GIRLS VOLLEYBALL STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the Ninety Six High School Girls Volleyball Team at a date and time to be determined by the Speaker, to congratulate the team and their coaching staff on winning the Division

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1-A Girls Volleyball State Championship and to commend them for their hard work, competitive spirit, and dedication to become a championship team.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5039 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION APPLAUDING ELLOREE HIGH SCHOOL'S JASMINE EDNEY, A STUDENT-ATHLETE OF THE HIGHEST CALIBRE, FOR HER MANY ACHIEVEMENTS IN THE CLASSROOM AND ON THE PLAYING FIELD AND ENCOURAGING HER TO CONTINUE TO SET HER SIGHTS HIGH.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 5040 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE HONORABLE C. BRUCE LITTLEJOHN, RETIRED CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, ON APRIL 14, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF HONORING HIM FOR HIS DISTINGUISHED CAREER BY NAMING A PARTICULAR ROAD IN SPARTANBURG COUNTY IN HIS HONOR.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Honorable C. Bruce Littlejohn, retired Chief Justice of the South Carolina Supreme Court, on April 14, 2004, at a time to be determined by the Speaker, for the purpose of honoring him for his

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distinguished career by naming a particular road in Spartanburg County in his honor.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5041 (Word version) -- Reps. M. A. Pitts, Parks and Pinson: A CONCURRENT RESOLUTION TO CONGRATULATE THE NINETY SIX HIGH SCHOOL "WILDCATS" GIRLS VOLLEYBALL TEAM AND HEAD COACH, BETH MILLER, FOR THEIR SECOND CONSECUTIVE STATE CHAMPIONSHIP WIN IN THE DIVISION 1-A VOLLEYBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

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

INTRODUCTION OF BILLS

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

H. 5042 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTIONS 2-17-20 AND 2-17-25, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION BY LOBBYISTS AND LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS MAY NOT REGISTER OR REREGISTER UNTIL ALL LATE FILING PENALTIES ARE PAID; TO AMEND SECTION 2-17-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE STATE ETHICS COMMISSION ENFORCE FILING REQUIREMENTS OF CHAPTER 17, TITLE 2, SO AS TO CHANGE THE ASSESSMENT OF THE FINE AFTER A REQUIRED STATEMENT HAS BEEN FILED AND THE REQUIRED NOTICE HAS BEEN GIVEN; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO CLARIFY THAT ALL INVESTIGATIONS, INQUIRIES, HEARINGS, AND ACCOMPANYING DOCUMENTS MUST BE

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CONFIDENTIAL UNTIL FINAL DISPOSITION OF A MATTER UNLESS THE RESPONDENT WAIVES THIS RIGHT BY WRITTEN AUTHORIZATION TO THE COMMISSION; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO THE PROHIBITION OF A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE USING HIS OFFICIAL POSITION FOR PERSONAL GAIN, SO AS TO EXPAND THE PROHIBITION TO INCLUDE A FAMILY MEMBER INSTEAD OF A MEMBER OF HIS IMMEDIATE FAMILY; TO AMEND SECTION 8-13-1125, AS AMENDED, RELATING TO THE EXCEPTION TO THE REPORTING REQUIREMENT IN SECTION 8-13-1120 (A)(9) FOR EVENTS TO WHICH THE ENTIRE LEGISLATIVE BODY IS INVITED, SO AS TO AUTHORIZE THE EXCEPTION FOR THE ENTIRE MEMBERSHIP OF A STANDING COMMITTEE OR COUNTY LEGISLATIVE DELEGATION IF PROPER RECORDS ARE MAINTAINED AND MADE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPYING; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO CLARIFY THAT IF A MUNICIPAL ELECTION IS NOT HELD PURSUANT TO SECTION 7-13-190, THE CANDIDATE SHALL FILE A CAMPAIGN DISCLOSURE REPORT WITHIN FIFTEEN DAYS OF BEING DECLARED A WINNER OR FIFTEEN DAYS BEFORE THE ESTABLISHED ELECTION DATE, WHICHEVER DATE IS SOONER.
Referred to Committee on Judiciary

H. 5043 (Word version) -- Reps. Harrell, Chellis, Altman, Battle, Bingham, Clark, Dantzler, Jennings, Mack, M. A. Pitts, J. R. Smith, Thompson and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE PUBLIC SCHOOLS INFRASTRUCTURE BANK ACT OF 2004; BY ADDING CHAPTER 148 TO TITLE 59 SO AS TO DEFINE CERTAIN TERMS; TO CREATE THE SOUTH CAROLINA PUBLIC SCHOOL FACILITIES FINANCE AUTHORITY; TO PROVIDE FOR THE APPOINTMENT AND POWERS AND DUTIES OF THE BOARD THAT GOVERNS THE AUTHORITY; TO PROVIDE FOR PROJECT FINANCING AND WHEN THE AUTHORITY AND A SCHOOL DISTRICT MAY ENTER INTO A FINANCING AGREEMENT; TO PROVIDE FOR THE TERMS OF THE FINANCING AGREEMENT; TO PROVIDE FOR THE ISSUANCE

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OF BONDS IN THE NAME OF THE AUTHORITY TO BE SECURED SOLELY BY AND PAYABLE SOLELY FROM SCHOOL DISTRICT PAYMENTS; TO PROVIDE FOR A MAXIMUM MATURITY DATE OF THIRTY YEARS; TO PROVIDE FOR THE MANNER IN WHICH THE AUTHORITY MAY SELL BONDS AND THE TERMS OF THE BONDS; TO PROVIDE THE PURPOSES FOR WHICH THE BOARD MAY AUTHORIZE BONDS; TO PROVIDE FOR THE ESTABLISHMENT OF A DEBT SERVICE RESERVE FUND; TO PROVIDE THAT THE BONDS MAY BE SECURED BY A TRUST AGREEMENT; TO PROVIDE FOR THE MANNER IN WHICH THE ACCOUNTS OF THE AUTHORITY MUST BE HELD; TO PROVIDE THAT THE BONDS AND THE INCOME FROM THE BONDS AND PROPERTY AND INCOME FROM PROPERTY OF THE AUTHORITY ARE EXEMPT FROM TAXATION; TO PROVIDE THAT FIDUCIARIES MAY INVEST MONIES IN BONDS; TO PROVIDE BONDHOLDER RIGHTS; TO AMEND SECTION 59-71-155 OF THE 1976 CODE, RELATING TO GENERAL OBLIGATION SCHOOL BONDS, SO AS TO ALLOW THE PUBLIC SCHOOL FACILITIES FINANCE AUTHORITY TO ELECT WHETHER THIS SUBSECTION APPLIES TO ONE OR MORE YEARS IN WHICH SCHOOL DISTRICT PAYMENTS ARE DUE UNDER A FINANCING AGREEMENT BETWEEN A SCHOOL DISTRICT AND THE AUTHORITY AUTHORIZED PURSUANT TO CHAPTER 148 OF TITLE 59 WHERE THE AUTHORITY HAS ELECTED THAT THE SCHOOL DISTRICT PAYMENTS UNDER THE FINANCING AGREEMENT ARE SECURED BY THE FULL FAITH, CREDIT, AND TAXING POWER OF THE OPERATING SCHOOL UNIT THAT ISSUES THE BONDS; TO PROVIDE THE AUTHORITY'S AND THE STATE TREASURER'S POWERS AND DUTIES FOLLOWING A DEFAULT BY A SCHOOL DISTRICT OR THE EXERCISE BY A SCHOOL DISTRICT OF ITS RIGHT OF NONAPPROPRIATION UNDER A FINANCING AGREEMENT; AND BY ADDING SECTION 59-146-190 SO AS TO ALLOW REFUNDING STATE SCHOOL FACILITIES BONDS TO BE ISSUED UPON RESOLUTION BY THE STATE BUDGET AND CONTROL BOARD.
Referred to Committee on Ways and Means

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H. 5044 (Word version) -- Reps. McGee and Quinn: A BILL TO AMEND CHAPTER 6 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO ESTABLISH THE PHARMACY AND THERAPEUTICS COMMITTEE WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE FOR THE MEMBERSHIP, ORGANIZATION, AND DUTIES OF THE COMMITTEE, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL ADHERE TO CERTAIN PROVISIONS WHEN IMPLEMENTING THE PREFERRED DRUG LIST.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 5045 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-55 SO AS TO PROVIDE THAT A RETAILER OF BEER AND WINE MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE LAWFUL AGE FOR PURCHASE OF BEER AND WINE AND TO PROVIDE THAT AN EMPLOYEE OF A RETAILER OF BEER AND WINE WHO IS CONVICTED THREE TIMES OF A VIOLATION OF THE PROVISIONS OF SECTION 61-4-50 MUST BE SUSPENDED FROM SELLING BEER AND WINE FOR ONE YEAR; BY ADDING SECTION 61-4-105 SO AS TO REQUIRE A LAW ENFORCEMENT AGENCY CONDUCTING AN AGE VERIFICATION CHECK AT A RETAIL LOCATION TO NOTIFY THE RETAILER WITHIN TEN DAYS WHETHER THE COMPLIANCE CHECK WAS SATISFACTORY OR UNSATISFACTORY; BY ADDING SECTION 61-4-106 SO AS TO PROVIDE THAT WHENEVER A RETAILER OF BEER AND WINE IS FOUND BY THE DEPARTMENT OF REVENUE TO HAVE SOLD BEER OR WINE TO A PERSON UNDER THE AGE OF TWENTY-ONE FOUR OR MORE TIMES WITHIN TWO YEARS, THE RETAILER'S BEER AND WINE PERMIT MUST BE SUSPENDED; AND TO AMEND SECTION 16-17-500, AS AMENDED, RELATING TO SUPPLYING MINORS WITH CIGARETTES SO AS TO PROVIDE A DEFINITION FOR THE TERMS "TOBACCO PRODUCT" AND "PERSON", TO PROVIDE THAT A RETAILER OF TOBACCO PRODUCTS MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE PROVISIONS OF THIS SECTION, TO PROVIDE THAT AN EMPLOYEE OF A RETAILER OF TOBACCO PRODUCTS WHO IS

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CONVICTED THREE TIMES OF A VIOLATION OF THE PROVISIONS OF THIS SECTION MUST BE SUSPENDED FROM SELLING TOBACCO PRODUCTS FOR ONE YEAR, TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR POSSESS OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN THIS SECTION, TO ESTABLISH A PENALTY FOR A VIOLATION OF THIS SECTION BY A PERSON UNDER THE AGE OF EIGHTEEN, TO PROVIDE THAT A VIOLATION OF THIS SECTION DOES NOT EFFECT A RETAILER'S BEER AND WINE PERMIT, AND TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN CONVICTED OF A VIOLATION OF THIS SECTION MAY HAVE HIS RECORD EXPUNGED WHEN HE ATTAINS THE AGE OF EIGHTEEN AND HAS PAID THE FINE AND COMPLETED COMMUNITY SERVICE.
Referred to Committee on Judiciary

H. 5046 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 23-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO HAS SERVED AS A STATE CONSTABLE FOR AT LEAST TEN YEARS MEETS THE TRAINING AND EXPERIENCE QUALIFICATIONS FOR THE OFFICE OF SHERIFF.
Referred to Committee on Judiciary

H. 5048 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-515 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO INTERFERE WITH THE TRANSPORTATION OF STUDENTS BY SCHOOL BUS WITH THE INTENT TO DELIBERATELY DELAY OR IMPEDE THE PROCESS OF TRANSPORTING STUDENTS, TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION, TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO AN ACCIDENT

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BETWEEN A SCHOOL BUS AND ANOTHER VEHICLE, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary

H. 5051 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 38-53-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR BAIL BONDSMEN AND RUNNERS, SO AS TO PROVIDE THAT LICENSED BAIL BONDSMEN AND RUNNERS MUST BE ISSUED IDENTIFICATION CARDS WHICH THEY MUST POSSESS WHEN THEY PERFORM THEIR DUTIES.
Referred to Committee on Judiciary

S. 920 (Word version) -- Senators Moore and Setzler: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE AIKEN 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.
On motion of Rep. STEWART, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 921 (Word version) -- Senator Moore: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MCCORMICK 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.
On motion of Rep. M. A. PITTS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 934 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ALLENDALE COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ALLENDALE COUNTY, DESIGNATE 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. HOSEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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CONCURRENT RESOLUTION

The following was introduced:

H. 5047 (Word version) -- Rep. Kennedy: A CONCURRENT RESOLUTION TO CONGRATULATE THE C. E. MURRAY HIGH SCHOOL "WAR EAGLES" GIRLS BASKETBALL TEAM FROM GREELEYVILLE ON WINNING THE 2004 CLASS A STATE CHAMPIONSHIP, THEIR SECOND STRAIGHT CHAMPIONSHIP, AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5049 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE CONGREGATION, DEACONS, AND CLERGY OF THE LANGSTON MEMORIAL BAPTIST CHURCH IN CONWAY, IN HORRY COUNTY, ON THE CONSECRATION OF A NEW CHURCH SANCTUARY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5050 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR WILLIE E. GARY, ONE OF THE NATION'S MOST RESPECTED AND ACCOMPLISHED LAWYERS, FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY AND TO THE NATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

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CONCURRENT RESOLUTION

The following was introduced:

H. 5052 (Word version) -- Reps. Lourie, Cotty, Howard, J. H. Neal, Rutherford, J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, 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 TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM ON ITS FIFTEENTH CONSECUTIVE INTERNATIONAL FIRST PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE IN NEW YORK CITY ON MARCH 20, 2004.

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

ROLL CALL

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

Allen                  Altman                 Anthony
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
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Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Govan                  Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
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                  Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 30.

George Bailey                     Douglas Jennings
William Clyburn                   Todd Rutherford
Seth Whipper                      Fletcher Smith
Ronald Townsend                   Brenda Lee
Annette Young

Total Present--121

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LEAVE OF ABSENCE

The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Terry Dodge of Rock Hill is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

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

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.

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.

Rep. COOPER explained the Bill.

S. 888 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,

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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".

Rep. BINGHAM explained the Bill.

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.

Rep. PARKS explained the Joint Resolution.

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.

Rep. PARKS explained the Joint Resolution.

H. 3827--OBJECTIONS AND REQUESTS FOR DEBATE

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, 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

Printed Page 2189 . . . . . Tuesday, March 30, 2004
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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10129CM04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-146.   A person convicted of or pleading guilty or nolo contendere to a violent crime as defined in Section 16-1-60 on or after January 1, 2005, in this State shall, if applicable, surrender his South Carolina driver's license or special identification card to the

Printed Page 2190 . . . . . Tuesday, March 30, 2004
court pursuant to Section 56-1-365. The clerk of court within ten days shall transmit the driver's license or special identification card, if applicable, together with notice of the felony and whether or not it is a felony considered to be a violent crime, to the Department of Motor Vehicles. The driver's license or special identification card is considered revoked and the department shall keep a record of the revocation. If the felony which the person was convicted of or pled guilty or nolo contendere to requires the suspension or revocation of his driver's license or special identification card, the driver's license or special identification card must not be returned to the person."
SECTION   2.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-148.   (A)   In addition to the contents of a driver's license provided for in Section 56-1-140 or a special identification card provided for in Section 56-1-3350, a person who has been convicted of or pled guilty or nolo contendere to a felony considered to be a violent crime as contained in Section 16-1-60 on or after January 1, 2005, must have an identifying code to be determined by the Department of Motor Vehicles affixed to his driver's license or special identification card at the time the person obtains or renews the driver's license or special identification card. The code must identify the person as having been convicted of a felony considered to be a violent crime. The code must be developed by the department and made known to the appropriate law enforcement officers and other judicial officials of this State.

(B)   The department shall charge a fee of fifty dollars for affixing the identifying code provided in subsection (A). This fee is in addition to the fee provided for in Section 56-1-140. This fee must be assessed when a person who has been convicted of or pled guilty or nolo contendere to a violent crime as defined in Section 16-1-60 on or after January 1, 2005, obtains or renews his driver's license or special identification card. If the conviction or guilty plea for the crime is overturned on appeal, or if the person is subsequently pardoned for the crime, he may request the department to issue him a new driver's license or special identification card with the identifying code removed, and the department is required to comply with this request without imposing a fee.

(C)   The fee collected by the Department of Motor Vehicles pursuant to subsection (B) must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles."

Printed Page 2191 . . . . . Tuesday, March 30, 2004
SECTION   3.   Section 56-1-80 of the 1976 Code, as last amended by Act 225 of 2000, is further amended to read:

"Section 56-1-80.   (A)   Every An application for a driver's license or permit must:

(1)   be made upon the form furnished by the department;

(2)   be accompanied by the proper fee and acceptable proof of date and place of birth;

(3)   contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4)   state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country;

(5)   state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal;

(6)   allow an applicant voluntarily to disclose a permanent medical condition which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record;

(7)   allow an applicant voluntarily to disclose that he is an organ and tissue donor which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record.;

(8)   state whether or not the applicant has ever been convicted of or pled guilty or nolo contendere to a felony considered to be a violent crime as contained in Section 16-1-60 on or after January 1, 2005, and state the crime convicted of or pled guilty or nolo contendere to; and

(9)   list the violent crimes contained in Section 16-1-60.

(B)   The information contained on a driver's license and in the driver's department records pertaining to a person's permanent medical condition, as provided for in item (A)(6), must be made available, upon request, to law enforcement and emergency medical services and hospital personnel; and the information and records pertaining to a person's organ and tissue donor status, as provided for in item (A)(7), must be made available, upon request, to law enforcement, emergency medical services and hospital personnel, and the South Carolina Donor Referral Network, as provided for in Section 44-43-910.

(C)   Whenever an application is received from a person previously licensed or permitted in another state, the Department of Motor Vehicles may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's

Printed Page 2192 . . . . . Tuesday, March 30, 2004
record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.

The completed and verified form or an affidavit prepared by the department showing that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be completed and delivered to the department at the time the license or permit is issued or renewed."
SECTION   4.   The first paragraph of Section 56-1-3350 of the 1976 Code, as last amended by Act 227 of 2000, is further amended to read:

"Upon application by any a person ten years of age or older who is a resident of South Carolina, the department shall issue a special identification card as long as:

(1)   the application is made on a form approved and furnished by the department; and

(2)   the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth;

(3)   the application:

(1)   states whether or not the applicant has ever been convicted of or pled guilty or nolo contendere to a felony considered to be a violent crime as defined in Section 16-1-60 on or after January 1, 2005 and the felony convicted of or pled guilty or nolo contendere to; and

(2)   lists the violent crimes contained in Section 16-1-60."
SECTION   5.   The requirements of Section 56-1-140 of the 1976 Code, as amended by Section 3 of this act, must be met upon the renewal of the existing driver's licenses or special identification cards of persons convicted of felonies in this State, except as otherwise provided by Section 56-1-146 as contained in Section 1 of this act.
SECTION   6.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of

Printed Page 2193 . . . . . Tuesday, March 30, 2004
sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   7.   This act takes effect January 1, 2005, and applies to all persons convicted of violent crimes pursuant to Section 16-1-60 after January 1, 2005. /
Renumber sections to conform.
Amend title to conform.

Rep. SINCLAIR explained the amendment.

Rep. SINCLAIR spoke in favor of the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. SINCLAIR continued speaking.

Reps. KENNEDY, RUTHERFORD and J. BROWN objected to the Bill.

Reps. KEEGAN, ALLEN, VIERS, RIVERS, COATES, SCOTT, J. H. NEAL, DAVENPORT, EDGE, MAHAFFEY, WEEKS, LLOYD, M. A. PITTS and GOURDINE requested debate on the Bill.

SPEAKER IN CHAIR

H. 4291--REQUESTS FOR DEBATE

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

Printed Page 2194 . . . . . Tuesday, March 30, 2004
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.

Reps. WHITE, SCARBOROUGH, TAYLOR, HARRELL and HINSON requested debate on the Bill.

H. 4818--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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 PARTIES TO A CONSUMER LOAN, SO AS TO INCLUDE A

Printed Page 2195 . . . . . Tuesday, March 30, 2004
CONSPICUOUS NOTICE IN CONFORMITY WITH OTHER LAW AND TO MAKE A TECHNICAL CORRECTION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1946MM04), which was adopted:
Amend the bill, as and if amended, Section 37-2-203(5) as found in SECTION 1, page 2, line 18, and Section 37-3-203(5) as found in SECTION 3, page 3, line 21, by inserting after /12 C.F.R. 227.15,/ the words / as amended from time to time, /.
When amended, the items shall read:
/ SECTION   1.   Section 37-2-203(5) of the 1976 Code is amended to read:

"(5)   A delinquency charge under pursuant to this section may must not be collected on an installment paid in full within ten days after its scheduled or deferred installment due date even though an earlier maturing installment or a delinquency or deferral charge on an earlier installment has not been paid in full. For purposes of this subsection, a payment is deemed to have been applied first to any installment due in the computational period (Section 37-2-204(1)(a)) in which it is received and then to delinquent installments and charges a payment that is otherwise a full installment payment for the applicable period and is paid on its due date or within ten days after its due date if the only delinquency is attributable to a late fee or a delinquency charge assessed on an earlier installment. It is the intent of the legislature that, in construing this subsection the courts be guided by interpretations to 16 C.F.R. 444.4 and 12 C.F.R. 227.15, as amended from time to time, relating to late charges, given by the Federal Trade Commission, Federal Reserve Board, and the Federal Courts." /
/ SECTION   3.   Section 37-3-203(5) of the 1976 Code is amended to read:

"(5)   A delinquency charge under pursuant to this section may must not be collected on an installment paid in full within ten days after its scheduled or deferred installment due date even though an earlier maturing installment or a delinquency or deferral charge on an earlier installment has not been paid in full. For purposes of this subsection, a payment is deemed to have been applied first to any installment due in the computational period [Section 37-3-204(1)(a)] in which it is received and then to delinquent installments and charges a payment that is otherwise a full installment payment for the applicable period and is paid on its due date or within ten days after its due date if

Printed Page 2196 . . . . . Tuesday, March 30, 2004
the only delinquency is attributable to a late fee or a delinquency charge assessed on an earlier installment. It is the intent of the legislature that in construing this subsection, the courts be guided by interpretations to 16 C.F.R. 444.4 and 12 C.F.R. 227.15, as amended from time to time, relating to late charges, given by the Federal Trade Commission, Federal Reserve Board, and the Federal Courts." /
Amend the bill further, Section 37-3-303(2) as found in SECTION 4, page 3, line 34, by deleting /any/ and inserting / any /.
When amended, the item shall read:
/ SECTION   4.   Section 37-3-303(2) of the 1976 Code is amended to read:

"(2)   A clear and conspicuous notice in substantially the following form complies with this section:
NOTICE
You agree to pay the debt identified below although you may not personally receive any property, services, or money. You may be sued for payment although the person who receives the property, services, or money is able to pay. This notice is not the contract that obligates you to pay the debt. Read the contract for the exact terms of your obligation.
IDENTIFICATION OF DEBT YOU MAY HAVE TO PAY
___________________________________________
(Name of Debtor)
___________________________________________
(Name of Creditor)
___________________________________________
(Date)
___________________________________________
(Kind of Debt)
I have received a copy of this notice.
____________   _____________________ /

(Date)           (Signed)
Renumber sections to conform.
Amend title to conform.

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

Printed Page 2197 . . . . . Tuesday, March 30, 2004
Rep. CHELLIS explained the Bill.

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

S. 827--POINT OF ORDER

The following Bill was taken up:

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.

POINT OF ORDER

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

H. 4688--POINT OF ORDER

The following Bill was taken up:

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 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

Printed Page 2198 . . . . . Tuesday, March 30, 2004
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.

Rep. RICHARDSON explained the Bill.

POINT OF ORDER

Rep. LOURIE 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.

OBJECTION TO RECALL

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

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

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.
Ordered for consideration tomorrow.

Printed Page 2199 . . . . . Tuesday, March 30, 2004
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

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 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.
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

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 COMMUNITY AND PUBLIC SERVICE OF THIS DISTINGUISHED SON OF SOUTH CAROLINA.
Ordered for consideration tomorrow.

Printed Page 2200 . . . . . Tuesday, March 30, 2004

HOUSE RESOLUTION

The following was introduced:

H. 5053 (Word version) -- Reps. Townsend, Cooper, Martin, Stille, Thompson and White: A HOUSE RESOLUTION RECOGNIZING THE ANDERSON COUNTY REGISTRATION AND ELECTIONS OFFICE ON ITS SELECTION BY THE STATE ELECTION COMMISSION AS THE STATE OF SOUTH CAROLINA'S "OUTSTANDING VOTER REGISTRATION AND ELECTIONS OFFICE FOR 2003", AND EXPRESSING THE GRATITUDE OF THE STATE TO DIRECTOR PATSY BROWN AND HER STAFF FOR THEIR DEDICATION TO THE ELECTORATE OF SOUTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5054 (Word version) -- Reps. Harrison, Limehouse, Lee, Miller and Cooper: A CONCURRENT RESOLUTION TO CONGRATULATE AND MEMORIALIZE PALMETTOPRIDE FOR RECEIVING THE KEEP AMERICA BEAUTIFUL GOLD AWARD AND FOR THE KEEP SOUTH CAROLINA BEAUTIFUL AFFILIATES RECEIVING TWENTY-TWO OTHER NATIONAL AWARDS AND TO DECLARE APRIL TWENTIETH AS PALMETTOPRIDE DAY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5055 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO HONOR AND EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO BETTY RHOAD LILLY OF RICHLAND COUNTY ON THE OCCASION OF HER EIGHTIETH BIRTHDAY ON TUESDAY, APRIL 13, 2004, AND TO WISH HER

Printed Page 2201 . . . . . Tuesday, March 30, 2004
CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.

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

INTRODUCTION OF BILLS

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

H. 5056 (Word version) -- Reps. Stille, M. A. Pitts and Townsend: A BILL TO AMEND ACT 780 OF 1928, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES OF THE ABBEVILLE COUNTY MEMORIAL HOSPITAL, SO AS TO DELETE ARCHAIC REFERENCES THAT SPECIFY FROM WHICH VOTING PRECINCTS IN ABBEVILLE COUNTY MEMBERS OF THE BOARD SHALL RESIDE.
On motion of Rep. STILLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5057 (Word version) -- Reps. Stille, M. A. Pitts and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS FORGIVEN FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. STILLE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 5058 (Word version) -- Rep. Scarborough: A BILL TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO THE SIXTEEN CENTS A GALLON USER FEES ON MOTOR FUELS, SO AS TO REDUCE THIS USER FEE TO ELEVEN CENTS A GALLON, AND TO AMEND SECTIONS 12-28-2720, 12-28-2725, 12-28-2730, AS AMENDED, AND 12-28-2910, ALL RELATING TO MOTOR FUEL USER-FEE REVENUES, SO AS TO CONFORM THESE SECTIONS TO THE PROVISIONS OF THIS ACT, TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH

Printed Page 2202 . . . . . Tuesday, March 30, 2004
CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTIONS FROM THE STATE SALES TAX FOR FUELS SUBJECT TO THE USER FEE ON MOTOR FUELS AND REQUIRE THE REVENUE DERIVED FROM SALES TAX ON THIS FUEL TO BE CREDITED TO THE STATE HIGHWAY FUND AND USED FOR ROAD REPAIR AND MAINTENANCE, AND TO AMEND SECTIONS 56-11-410 AND 56-11-450, RELATING TO THE SIXTEEN CENTS A GALLON ROAD TAX ON MOTOR CARRIERS, SO AS TO REDUCE THIS TAX FROM SIXTEEN TO ELEVEN CENTS A GALLON AND IMPOSE AN ADDITIONAL ROAD TAX EQUAL TO STATE SALES TAX REVENUE ON MOTOR FUELS.
Referred to Committee on Ways and Means

H. 5059 (Word version) -- Reps. Govan, Hosey, Scott and Howard: A JOINT RESOLUTION TO CREATE THE STUDY COMMITTEE ON THE JUDICIAL SELECTION PROCESS AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND TERMINATION.
Referred to Committee on Judiciary

S. 922 (Word version) -- Senator Moore: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE EDGEFIELD 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.
On motion of Rep. CLYBURN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3907 (Word version) -- Reps. Barfield, Clemmons, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME CONWAY PERIMETER ROAD WHICH CONNECTS UNITED STATES HIGHWAY 501 IN CONWAY WITH UNITED STATES HIGHWAY 378 "BILLY JORDAN BOULEVARD" AND TO INSTALL

Printed Page 2203 . . . . . Tuesday, March 30, 2004
APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD CONTAINING THE WORDS "BILLY JORDAN BOULEVARD".

H. 4951 (Word version) -- Reps. Viers, Clemmons, Edge, Barfield, Miller, Hayes and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF SOUTH CAROLINA HIGHWAY 544 AND SOUTH CAROLINA HIGHWAY 31 (CAROLINA BAYS PARKWAY) IN HORRY COUNTY IN HONOR OF REPRESENTATIVE THOMAS G. KEEGAN UPON HIS RETIREMENT FROM THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES AT THIS INTERCHANGE CONTAINING THE WORDS "THOMAS G. KEEGAN INTERCHANGE".

H. 5041 (Word version) -- Reps. M. A. Pitts, Parks and Pinson: A CONCURRENT RESOLUTION TO CONGRATULATE THE NINETY SIX HIGH SCHOOL "WILDCATS" GIRLS VOLLEYBALL TEAM AND HEAD COACH, BETH MILLER, FOR THEIR SECOND CONSECUTIVE STATE CHAMPIONSHIP WIN IN THE DIVISION 1-A VOLLEYBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

H. 5047 (Word version) -- Rep. Kennedy: A CONCURRENT RESOLUTION TO CONGRATULATE THE C. E. MURRAY HIGH SCHOOL "WAR EAGLES" GIRLS BASKETBALL TEAM FROM GREELEYVILLE ON WINNING THE 2004 CLASS A STATE CHAMPIONSHIP, THEIR SECOND STRAIGHT CHAMPIONSHIP, AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK.

H. 5049 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE CONGREGATION, DEACONS, AND CLERGY OF THE LANGSTON MEMORIAL BAPTIST CHURCH IN CONWAY, IN HORRY COUNTY, ON THE CONSECRATION OF A NEW CHURCH SANCTUARY.

Printed Page 2204 . . . . . Tuesday, March 30, 2004
H. 5050 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR WILLIE E. GARY, ONE OF THE NATION'S MOST RESPECTED AND ACCOMPLISHED LAWYERS, FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY AND TO THE NATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

H. 5052 (Word version) -- Reps. Lourie, Cotty, Howard, J. H. Neal, Rutherford, J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, 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 TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM ON ITS FIFTEENTH CONSECUTIVE INTERNATIONAL FIRST PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE IN NEW YORK CITY ON MARCH 20, 2004.

ADJOURNMENT

At 1:05 p.m. the House, in accordance with the motion of Rep. J. BROWN, adjourned in memory of John M. Anderson, to meet at 10:00 a.m. tomorrow.

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