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 Psalm 117: "Praise the Lord, all you Nations; extol Him, all you peoples. For great is His love toward us, and the faithfulness of the Lord endures forever."
Let us pray. Almighty God, Your mercies are new to us each day. Show Yourself to us today and give Your people the wisdom, courage, and strength to tackle the hard and difficult task before this body. Nourish them with vigor and compassion to carry out their duties. Bless and preserve our Nation, our State, and support our leaders in this time. Remember our defenders of freedom, especially those in harm's way. 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.

Rep. FREEMAN moved that when the House adjourns, it adjourn in memory of Mrs. Clara Powell Stubbs of Cheraw, which was agreed to.

Rep. BRANHAM, from the Florence Delegation, submitted a favorable report on:

S. 832 (Word version) -- Senators McGill and Leatherman: A BILL TO REVISE THE METHOD BY WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 3 ARE ELECTED AND TO REDESIGNATE THE LINES OF DISTRICTS FROM WHICH THEY ARE ELECTED.
Ordered for consideration tomorrow.

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

H. 4616 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO RECOGNIZE FORMER PRESIDENT RONALD WILSON REAGAN BY DECLARING THAT FEBRUARY 6, 2004, BE KNOWN AS "RONALD REAGAN DAY" IN HONOR OF HIS EXEMPLARY SERVICE AS PRESIDENT OF THE UNITED STATES OF AMERICA.

Whereas, Ronald Wilson Reagan worked throughout his life serving freedom and advancing the public good, having been employed as an entertainer, Union leader, corporate spokesman, Governor of California, and President of the United States; and

Whereas, Ronald Reagan served with honor and distinction for two terms as the fortieth President of the United States of America, the second term of which he earned through the confidence of three-fifths of the electorate and was victorious in forty-nine of the fifty states in the general election, a record unsurpassed in the history of American Presidential elections; and

Whereas, during his Presidency he worked in a bipartisan manner to enact his bold agenda restoring accountability and common sense to government, which led to an unprecedented economic expansion and opportunity for millions of Americans; and

Whereas, President Reagan's dedication to an active social policy agenda for the nation's children helped lower crime and drug use in our neighborhoods; and

Whereas, President Reagan's commitment to our armed forces contributed to the restoration of pride in America, her values, and those cherished by the free world, and prepared America's Armed Forces to emerge victorious in the Gulf War; and

Whereas, President Reagan's vision of "peace through strength" led to the end of the Cold War and the ultimate demise of the Soviet Union, guaranteeing basic human rights for millions of people; and

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives recognize former President Ronald Wilson Reagan by declaring that February 6, 2004, be known as "Ronald Reagan Day" in honor of his exemplary service as President of the United States of America.

Be it further resolved that a copy of this resolution be forwarded to President Ronald Wilson Reagan of California.

The Resolution was adopted.

The following was introduced:

H. 4617 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE AT INTERSTATE HIGHWAY I-385 AND UNITED STATES HIGHWAY U.S. 49 IN LAURENS COUNTY THE "GEORGE L. PHINNEY MEMORIAL INTERCHANGE" IN HONOR OF THE LATE GEORGE L. PHINNEY, WHOSE GOOD WORKS AND GOOD DEEDS MADE LAURENS COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS COUNTRY BETTER PLACES TO LIVE, AND INSTALL APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was taken up for immediate consideration:

H. 4618 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport,

Whereas, municipalities derive their power from the State Constitution and laws adopted by the South Carolina General Assembly; and

Whereas, there are two hundred and sixty-nine duly incorporated municipalities within the State with thirty-five percent of the state's population residing within them; and

Whereas, all municipalities, whether large or small, are considered "hometown" for the people who live there, providing a sense of place and a spirit of community to all within and around its municipal boundaries; and

Whereas, municipalities provide essential services such as law enforcement, fire protection, health and sanitation, recreation, and growth development controls to protect and enhance the quality of life for all the citizens of the State; and

Whereas, there are one thousand five hundred eighty-four mayors and council members duly elected by the residents of their hometown

Whereas, there are over seventeen thousand hard-working and dedicated municipal employees charged with carrying out the policies and procedures enacted by the municipal councils to provide essential services to its citizens; and

Whereas, municipalities are economic engines of the State, which drive the economy of the immediate region; and

Whereas, healthy, financially sound, and economically strong municipalities are critical to the health and welfare of the State; and

Whereas, the South Carolina General Assembly is proud to recognize the varied and noteworthy contributions of every person, whether elected or employed, involved in making our cities and towns function at their best and most efficient levels. Now, therefore,

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

That the members of the South Carolina General Assembly recognize the many outstanding municipal officials in South Carolina by declaring that February 18, 2004, be known as "South Carolina Hometown Day" in honor of their tireless efforts to make our cities and towns outstanding places to live.

Be it further resolved that a copy of this resolution be forwarded to Lillian Brock Flemming, Mayor Pro Tem of the City Council of the City of Greenville and 2004 President of the Municipal Association of South Carolina.

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

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

H. 4619 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-180 SO AS TO PROVIDE A PROCEDURE FOR REQUIRING COMPLIANCE OF A SUBCONTRACTOR REGARDING STATE UNEMPLOYMENT INSURANCE LIABILITY.
Referred to Committee on Labor, Commerce and Industry

H. 4625 (Word version) -- Reps. Cooper, Thompson, Martin, Stille and Townsend: A BILL TO AMEND SECTIONS 6-11-1220 AND 6-11-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND THE POWERS OF COMMISSIONS OF THESE DISTRICTS, SO AS TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS TO BE USED TO DEFRAY THE COST OF WATER DISTRIBUTION LINES AND TO CLARIFY THE DEFINITION OF WATER "COLLECTION LINES".
Referred to Committee on Judiciary

H. 4626 (Word version) -- Reps. Cooper, Townsend, Thompson, Martin, Stille and White: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. COOPER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4627 (Word version) -- Reps. Cooper, Thompson, Martin, Stille, Townsend and White: A BILL TO AMEND ACT 509 OF 1982, RELATING TO THE TIME OF FILING FOR ELECTION TO THE SCHOOL BOARD OF

S. 731 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISHING SEASON AND OTHER FISHING REGULATIONS ON SLADE LAKE IN EDGEFIELD COUNTY, SO AS TO FURTHER SPECIFY THESE REGULATIONS AND TO ALSO PROHIBIT THE USE OF NONGAME FISHING DEVICES AND THE POSSESSION OF FIREARMS, GLASS CONTAINERS, AND ALCOHOL AND TO PROHIBIT LITTERING AND THE IMPROPER OPERATION OR PARKING OF MOTOR VEHICLES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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

H. 4620 (Word version) -- Reps. McGee, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, 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 AUTHORIZE PALMETTO BOYS STATE TO USE THE

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

That Palmetto Boys State is authorized to use the chambers of the House of Representatives and the Senate on Friday, June 11, 2004, from 11:30 a.m. to 12:30 p.m. for its annual State House meeting. If either House is in statewide session, the Chamber of that House may not be used.

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the House and Senate chambers by Palmetto Boys State on this date.

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

The following was introduced:

H. 4621 (Word version) -- Rep. W. D. Smith: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE HOUSE OF REPRESENTATIVES TO HAMP LINDSEY OF SPARTANBURG UPON BEING NAMED THE 2004 RESTAURATEUR OF THE YEAR AND TO WISH HIM AND WADE'S RESTAURANT MUCH SUCCESS IN THE FUTURE.

The Resolution was adopted.

The following was introduced:

H. 4622 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MRS. JOSEPHINE HOLLEY EUBANKS ON THE OCCASION OF HER NINETIETH

The Resolution was adopted.

The following was introduced:

H. 4623 (Word version) -- Rep. R. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE DR. VASHTI WASHINGTON, PRINCIPAL OF MT. ZION ELEMENTARY SCHOOL, ON BEING NAMED "RURAL EDUCATOR OF THE YEAR FOR 2002-2003" AND TO EXTEND TO HER BEST WISHES IN ALL OF HER FUTURE ENDEAVORS.

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

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

H. 4624 (Word version) -- Rep. R. Brown: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO DR. VASHTI K. WASHINGTON, PRINCIPAL OF MT. ZION ELEMENTARY SCHOOL, ON WEDNESDAY, MARCH 3, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING HER ON BEING NAMED "RURAL EDUCATOR OF THE YEAR FOR 2002-2003".

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor of the House of Representatives to Dr. Vashti K. Washington, Principal of Mt. Zion Elementary School, on Wednesday, March 3, 2004, at a time to be determined by the Speaker, for the purpose of recognizing her on being named "Rural Educator of the Year for 2002-2003".

The Resolution was adopted.

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cooper
Cotty                  Dantzler               Delleney
Duncan                 Emory                  Freeman
Frye                   Gourdine               Hagood
Harrell                Harrison               Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Howard                 Huggins
Keegan                 Kirsh                  Koon
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 J. M. Neal
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sheheen                Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Viers                  Walker                 Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

I came in after the roll call and was present for the Session on Wednesday, January 28.

Karl Allen                        Glenn Hamilton
Tracy Edge                        Kenneth Kennedy
Douglas Jennings                  Robert Leach
Lewis Vaughn                      Ralph Davenport
Gilda Cobb-Hunter                 Denny Neilson
Bessie Moody-Lawrence             David Weeks
Lonnie Hosey                      Jerry Govan
Gloria Haskins                    Brenda Lee
Joseph Neal                       Alex Harvin

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

The SPEAKER granted Rep. GILHAM a leave of absence for today and tomorrow.

The SPEAKER granted Rep. F. N. SMITH a leave of absence due to appearing in Federal Court.

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

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

Bill Number:   H. 4598 (Word version)
Date:   ADD:
01/28/04   RHOAD

Bill Number:   H. 4598 (Word version)
Date:   ADD:
01/28/04   BOWERS

Bill Number:   H. 4598 (Word version)
Date:   ADD:
01/28/04   R. BROWN

Bill Number:   H. 4598 (Word version)
Date:   ADD:
01/28/04   LLOYD

Bill Number:   H. 4354 (Word version)
Date:   ADD:
01/28/04   CHELLIS

Bill Number:   H. 3517 (Word version)
Date:   ADD:
01/28/04   WHIPPER

Bill Number:   H. 3594 (Word version)
Date:   ADD:
01/28/04   SCOTT

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   PINSON

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   WHIPPER

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   TOWNSEND

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   MARTIN

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   CLARK

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   BAILEY

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   HERBKERSMAN

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   CEIPS

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   SINCLAIR

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   W. D. SMITH

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   SHEHEEN

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   FREEMAN

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   HAGOOD

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   G. BROWN

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   LUCAS

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   COATES

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   RICHARDSON

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   KIRSH

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   EDGE

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   COBB-HUNTER

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/28/04   WITHERSPOON

Bill Number:   H. 4482 (Word version)
Date:   ADD:
01/28/04   WHIPPER

Bill Number:   H. 3917 (Word version)
Date:   ADD:
01/28/04   DAVENPORT

Bill Number:   H. 4405 (Word version)
Date:   ADD:
01/28/04   SCOTT

Bill Number:   H. 3612 (Word version)
Date:   ADD:
01/28/04   MILLER

Bill Number:   H. 3612 (Word version)
Date:   ADD:
01/28/04   BATTLE

Bill Number:   H. 4598 (Word version)
Date:   ADD:
01/28/04   HOSEY

Bill Number:   H. 3649 (Word version)
Date:   REMOVE:
01/28/04   SCOTT

The following Bill was taken up:

H. 4405 (Word version) -- Reps. Cato, Wilkins, Sandifer, Scott and Weeks: A BILL TO AMEND SECTION 58-27-865, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUEL COSTS INCURRED BY ELECTRICAL UTILITIES FOR THE SALE OF ELECTRICITY, SO AS TO FURTHER CLARIFY THAT THE TERM "FUEL COSTS RELATED TO PURCHASED POWER" INCLUDES COSTS OF FIRM GENERATION CAPACITY PURCHASES AND THE TOTAL DELIVERED COST OF ECONOMY PURCHASES OF ELECTRIC POWER.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20848SD04):

(a)   costs of firm generation capacity purchases, which are defined as purchases made to cure a capacity deficiency or to maintain adequate reserve levels; 'costs of firm generation capacity purchases' include the total delivered costs of firm generation capacity purchased excluding only generation capacity reservation charges and generation capacity option charges;

(b)   the total delivered cost of economy purchases of electric power including, but not limited to, transmission charges; 'economy purchases' are defined as purchases made to displace higher cost generation, at a price which is less than the purchasing utility's avoided variable costs for the generation of an equivalent quantity of electric power. /
Renumber sections to conform.
Amend title to conform.

Rep. SANDIFER explained the amendment.

Reps. MERRILL, DANTZLER, HINSON, GOURDINE, CLYBURN, SCOTT, CATO, E. H. PITTS, SCARBOROUGH, SANDIFER, BREELAND, CLEMMONS, YOUNG, ALTMAN and RUTHERFORD requested debate on the Bill.

The following Bill was taken up:

H. 4115 (Word version) -- Reps. Lourie, Parks, Littlejohn, Weeks and McLeod: A BILL TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT OF 2003 BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE

Rep. MACK explained the Bill.

Rep. KIRSH raised the Point of Order that the Bill was out of order in that the Bill should be returned to the Ways and Means Committee before being considered on the House Floor since the Bill appropriated state funds.
SPEAKER WILKINS stated that the Bill did not appropriate funds and therefore was not required to be returned to the Ways and Means Committee. He therefore overruled the Point of Order.

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

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Education and Public Works:

H. 4587 (Word version) -- Reps. Young, Chellis, Bailey and Townsend: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS ALONG THE STATE'S HIGHWAYS, SO AS TO REVISE THE PROCEDURE WHEREBY A LOCAL AUTHORITY MAY ESTABLISH A MAXIMUM SPEED LIMIT, TO PROVIDE THAT THIS PROVISION IS LIMITED TO THE ESTABLISHMENT OF SPEED LIMITS ALONG LOCALLY MAINTAINED ROADS, AND TO DELETE THE PROVISION THAT ALLOWS A LOCAL AUTHORITY TO ESTABLISH A SPEED LIMIT OF LESS THAN THIRTY MILES AN HOUR IN AN URBAN DISTRICT.

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Senate:

H. 3777 (Word version) -- Reps. Scott, Harrison, Simrill, J. E. Smith, J. H. Neal, Bales, Cotty, Govan, McLeod, Parks, Hosey, Duncan, Rutherford, Taylor, Whipper, Allen, Altman, Anthony, Bailey, Barfield, Battle, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Gilham, Gourdine, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Mack, Mahaffey, Martin, McGee, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Perry, E. H. Pitts, Quinn, Rhoad, Rice, Sheheen, Richardson, Skelton, Rivers, Scarborough, Sinclair, D. C. Smith, F. N. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, Weeks, Wilkins and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO RESTRICT THEIR USAGE ONLY IN ABSENTEE VOTING; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO DELETE REFERENCES TO A MACHINE BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, SECTION 7-13-1650 RELATING TO EXPERIMENTAL USE OF VOTING MACHINES, AND 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.

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

H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.

Rep. CATO moved to adjourn debate upon the Senate Amendments until Thursday, January 29, which was agreed to.

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

H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E. H. Pitts, Cotty, J. H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M. A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.

Rep. CATO explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

The following House Resolution was taken up:

H. 4484 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS OF THE UNITED STATES TO SUPPORT NO INCREASES IN PAYROLL TAXES, NO CUTS TO SOCIAL SECURITY BENEFITS, AND OPTIONAL SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.

Rep. MCLEOD moved to adjourn debate on the Resolution until Thursday, January 29, which was agreed to.

The following House Resolution was taken up:

H. 4487 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO SUPPORT PRESIDENT BUSH'S EFFORT TO PROTECT THE UNITED STATES FROM TERRORISTS, DANGEROUS AUTHORITARIAN REGIMES, AND WEAPONS OF MASS DESTRUCTION.

Whereas, in the immortal words of former President Franklin Delano Roosevelt, "When you see a rattlesnake poised to strike, you do not wait until he has struck before you crush him"; and

Whereas, the terrorist attacks of September 11, 2001, showed that new deadly challenges have emerged from rogue states and terrorists; and

Whereas, the proliferation of weapons of mass destruction has fundamentally changed the nature of threats against the United States and our allies; and

Whereas, a coordinated chemical, biological, or nuclear attack against the United States or our allies will cost the lives of millions of innocent Americans and other individuals, as well as cause immeasurable damage to the United States and world economy; and

Whereas, the United States cannot wait patiently and allow radical regimes that support terrorism to acquire or manufacture illegal

Whereas, if the United States does not meet this terrorist threat in the streets of Baghdad and Kandahar, Americans will be forced to fight terrorists in Boston and Kansas City; and

Whereas, President Bush has correctly stated that the United States has the right to defend the United States or our allies if the world community refuses to enforce the rule of law to deter or remove future threats from tyrannical regimes and the proliferation of weapons of mass destruction. Now, therefore,

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, memorialize the Congress of the United States to support President Bush's effort to protect the United States from terrorists, dangerous authoritarian regimes, and weapons of mass destruction.

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

The Resolution was adopted.

The following House Resolution was taken up:

H. 4488 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT LEGISLATION TO GIVE FIRST PRIORITY TO SUPPORTING AND ENACTING THE DEFENSE APPROPRIATIONS BILL BEFORE ALL OTHER SPENDING BILLS IN 2004 AND TO DO THE SAME IN FUTURE YEARS.

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

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

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

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, memorialize the Congress of the United States to give first priority to supporting and enacting the defense appropriations bill before all other spending bills in 2004 and to do the same in future years.

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

The Resolution was adopted.

The following House Resolution was taken up:

H. 4495 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT LEGISLATION TO PROVIDE FOR LIFETIME AND RETIREMENT SAVINGS ACCOUNTS.

Whereas, personal savings of working Americans is not enough to pay for current catastrophic expenses or supplement the modest benefits derived from Social Security; and

Whereas, savings provides the financing of new capital investment and job creation, which in turn, increases the standard of living for all Americans; and

Whereas, double taxation of savings and complexity of current savings incentives are so complex, many working Americans are not participating; and

Whereas, enactment of lifetime savings accounts will allow Americans to contribute up to seven thousand five hundred dollars a year and make penalty-free withdrawals at any time for any purpose; and

Whereas, enactment of retirement savings accounts will allow Americans to contribute up to seven thousand five hundred dollars a year and make penalty-free withdrawals after age fifty-eight; and

Whereas, enactment of lifetime and retirement savings accounts will eliminate the double taxation of savings and simplify existing savings programs to increase participation; and

Whereas, eliminating the double taxation of savings and simplifying current incentives will boost savings for all Americans and enhance the economic security of working families. Now, therefore,

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, memorialize the Congress of the United States to enact legislation to provide for lifetime and retirement savings accounts.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the President of the United States

The Resolution was adopted.

The following Concurrent Resolution was taken up:

S. 809 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 24, 2004, AND TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JOHN A. BRIEDEN III, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IMMEDIATELY FOLLOWING THE STATE OF THE JUDICIARY ADDRESS BY THE HONORABLE JEAN HOEFER TOAL.

That the Chief Justice of the South Carolina Supreme Court, the Honorable Jean Hoefer Toal, is invited to address the General Assembly in joint session on the State of the Judiciary in the hall of the House of Representatives at 12:30 p.m. on Tuesday, February 24, 2004.

Be it further resolved that the National Commander of the American Legion, the Honorable John A. Brieden III, is invited to address the South Carolina General Assembly in joint session in the Chamber of the House of Representatives immediately following the State of the Judiciary Address by the Honorable Jean Hoefer Toal.

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Toal and the Honorable John A. Brieden III.

Rep. WILKINS proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3742DW04), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all before and after the resolving clause and inserting:
/ That the Chief Justice of the South Carolina Supreme Court, the Honorable Jean Hoefer Toal, is invited to address the General

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

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

The following Bill was taken up:

H. 3649 (Word version) -- Reps. Huggins, Bales, Koon, Frye, Altman, J. Brown, Cato, Hinson, Merrill, E. H. Pitts, Quinn, Rice, Scarborough, Snow, Toole, Wilkins and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE GENERAL ASSEMBLY, AND

Rep. MCLEOD moved to adjourn debate on the Bill until Wednesday, February 11.

Rep. MCGEE moved to table the motion.

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

Those who voted in the affirmative are:

Altman                 Bales                  Barfield
Bingham                Cato                   Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Frye                   Gourdine               Hagood
Hamilton               Harrell                J. Hines
Hinson                 Huggins                Keegan
Kirsh                  Limehouse              Littlejohn
Loftis                 Martin                 McCraw
McGee                  Merrill                Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Snow                   Stewart
Talley                 Taylor                 Thompson
Toole                  Tripp                  Umphlett
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Anthony                Bailey                 Battle
Bowers                 Breeland               J. Brown
R. Brown               Clyburn                Emory
Freeman                Hayes                  Herbkersman
M. Hines               Howard                 Jennings
Lloyd                  Lourie                 Lucas
Mack                   McLeod                 J. M. Neal
Ott                    Parks                  Rivers
Rutherford             Scott                  Sheheen
G. M. Smith

So, the motion to adjourn debate was tabled.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20595SD03), which was adopted:
Amend the bill, as and if amended, by striking Section 1-1-1410 of the 1976 Code, as contained in SECTION 1, and inserting:
/   Section 1-1-1410.   Beginning July 1, 2003, the General Assembly and the governing body of any local political subdivision of this State authorized either to levy taxes or to imposed fees, or both, in order to impose or increase any type of tax or fee, in the manner permitted by law, must do so by a two-thirds vote of the members of the body. The provisions of this section supercede the positive majority voting requirement for local governing bodies to assess taxes or fees as provided in Article 3, Chapter 1 of Title 6. /
Renumber sections to conform.
Amend title to conform.

Rep. MCGEE spoke in favor of the amendment.
The amendment was then adopted.

Rep. SIMRILL proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20692SD03), which was rejected:
Amend the bill, as and if amended, in Section 1-1-1410 of the 1976 Code, by adding after /State/ on line 27, page 3649-1, /including a school district /

Rep. SIMRILL explained the amendment.
Rep. MCGEE spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clemmons               Cooper                 Delleney
Edge                   Frye                   Hagood
Hamilton               Harrell                Harrison
Hinson                 Huggins                Keegan
Koon                   Limehouse              Loftis
Mahaffey               McGee                  Merrill
E. H. Pitts            Quinn                  Rice
Sandifer               Scarborough            Simrill
Sinclair               G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Toole                  Tripp                  Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Anthony                Bailey                 Battle
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Clark                  Clyburn                Cotty
Duncan                 Emory                  Freeman
Gourdine               Hayes                  Herbkersman
J. Hines               M. Hines               Howard
Jennings               Kennedy                Kirsh
Littlejohn             Lloyd                  Lourie

Lucas                  Mack                   McCraw
McLeod                 Miller                 J. M. Neal
Ott                    Owens                  Parks
Perry                  Pinson                 M. A. Pitts
Rhoad                  Richardson             Rivers
Rutherford             Scott                  Sheheen
Skelton                D. C. Smith            G. M. Smith
Snow                   Stille                 Taylor
Thompson               Townsend               Trotter
Whipper

So, the amendment was rejected.

Rep. TOOLE proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\10025SJ04), which was rejected:
Amend the bill, as and if amended, Section 1-1-1410, as contained in SECTION 1, page 1, by adding a new sentence at the end to read:
/ This section does not apply to a political subdivision the governing body of which is less than six members. /
Amend title to conform.

Rep. TOOLE explained the amendment.

The amendment was then rejected by a division vote of 23 to 52.

Rep. McGEE proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\22416HTC04), which was adopted:
Amend the bill, as and if amended, in Section 1-1-1410 as contained in SECTION 1 by striking / 2003 / and inserting / 2004 /.
Renumber sections to conform.
Amend title to conform.

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

Rep. SKELTON spoke against the Bill.
Rep. EMORY spoke against the Bill.

Rep. EMORY continued speaking.
Rep. PERRY spoke against the Bill.
Rep. KIRSH spoke against the Bill.
Rep. RIVERS spoke against the Bill.

Rep. G. BROWN spoke against the Bill.
Rep. CLYBURN spoke against the Bill.
Rep. D. C. SMITH spoke against the Bill.
Rep. MCGEE spoke in favor of the Bill.

Rep. MCGEE moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.

The following Bill was taken up:

H. 3612 (Word version) -- Reps. Littlejohn, Bailey, Cotty, Anthony, Whipper, Mahaffey, Miller, Battle, R. Brown, J. H. Neal, Rutherford, Frye, Bales, Bowers, G. Brown, J. Brown, Cobb-Hunter, Dantzler, Freeman, Gourdine, Harvin, Hayes, Ott, Clark, Lee, E. H. Pitts, Martin, McLeod, McCraw, Moody-Lawrence, Neilson, Phillips, Rhoad, Rivers, Scott, F. N. Smith, Snow, Stille, Miller, Battle, Townsend and Umphlett: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20607SD03), which was adopted:
Amend the bill, as and if amended, beginning on page 2, by striking Section 4-10-420 as contained in SECTION 1 and inserting:
/   Section 4-10-420.   (A)   The tax authorized by this article may be imposed within a county upon the adoption of an approving resolution by the boards of trustees of each school district, and the subsequent approval of the imposition of the tax by referendum open to all qualified electors residing in the county.

The approving resolutions must specify the same period, stated in calendar years, not to exceed seven years, for which the tax must be imposed, the date upon which the referendum is held, the precincts and polling places for the referendum, and the question to appear on the referendum ballot. The approving resolutions, upon adoption, must be forwarded to the election authority. The referendum required by this section and by Section 4-10-480 herein must be conducted at the same time as the general election if called for in an even-numbered year and on the first Tuesday following the first Monday in November if called for in an odd-numbered year, but in any event not before November 2, 2004.

(B)   Each board of trustees of a school district must include in its resolution adopted pursuant to this section a description of the capital improvements and general obligation bonds to which sales and use tax proceeds allocated to that school district will be applied. Such descriptions may be noted on the ballot at the option of the board of trustees, but in any case shall be binding upon the school district.

(C)   Upon receipt of approving resolutions from the boards of trustees of all school districts, the election authority shall conduct a referendum on the question of imposing the tax in the county. Notice of

(D)   The ballot to be voted upon in the referendum must read substantially as follows:

Must a special one percent sales and use tax be imposed in _____ County for not more than ____ years with the revenue of the tax used to pay debt service on general obligation bonds of, or directly to defray the cost of capital improvements for, or both of these purposes, the (number) school districts (as further described below) in _____County?

The ballot may contain a short explanation of the question to be voted upon in this referendum.

(E)   Upon receipt and certification of the returns of the referendum, the election authority shall by resolution certify the results of the referendum by resolution and within ten days thereafter file the resolution with the clerk of court for the county and with the South Carolina Department of Revenue. The result of the referendum, as declared by resolution of the election authority and as filed with the clerk of court, is not open to question except by a civil action instituted in the county within twenty days of the filing of the resolution. If a majority of the total votes cast are in favor of imposing the tax, then the tax is imposed as provided in this act; otherwise the tax is not imposed. A referendum within a county on the imposition of the tax authorized in this article must not be held on a Saturday and must not be held more than once in a period of twelve consecutive months. /
Amend the bill further, as and if amended, page 6, by striking Section 4-10-450(D), and inserting:
/   (D)   The proceeds of the sales and use tax paid to the county treasurer for the benefit of that school district must be applied only for the purposes set forth in the resolution adopted pursuant to Section 4-10-420. /
Amend further, as and if amended, beginning on page 6, by striking Section 4-10-460 and inserting:
/   Section 4-10-460.   (A)   If a school district has provided in its resolution adopted pursuant to Section 4-10-420 that any portion of the

Upon receipt of notice from a school district pursuant to this section, the county treasurer shall certify to the county auditor, by the fifteenth day of August of the amount of sales and use taxes designated by the school district for application to general obligation bond debt service payments. The county auditor shall reduce the next levy of property taxes required to pay debt service on such general obligation bonds by the amount of sales and use tax revenues certified as held by the county treasurer and designated by the school district for the purpose. This amount of sales and use taxes thereafter must not be released to the school district, but must be held by the county treasurer to pay debt service on general obligation bonds. However, any sales and use taxes held by the county treasurer in excess of the amounts designated by the school district for payment of debt service on such general obligation bonds must be expended as directed by the school district in accordance with this article. Any investment earnings derived from the sales and use tax must be expended as directed by the school district in accordance with this article. Any sales and use taxes allocated to a school district and not required to accomplish the purposes described in the resolution of such school district adopted pursuant to Section 4-10-420 may be applied to debt service on any general obligation bonds of such school district. With respect to a school district situated in more than one county, the requirements of this section with respect to the reduction of millage levied for general obligation bonds apply with respect to the auditor and treasurer of each county in which the school district is located, and the levy of millage for debt service within a school district shall in all instances be uniform.

(B)   If the school district presents the county treasurer with a surety bond or letter of credit from a financial institution which is rated in one of the two highest rating categories by two national ratings agencies, the county treasurer may treat the amount available under

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

Rep. KIRSH proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3589MM03), which was tabled:
Amend the bill, as and if amended, Section 4-10-420(A), SECTION 1, beginning on page 3612-1, by adding an appropriately designated subsection at the end to read:

Rep. KIRSH explained the amendment.

Rep. LITTLEJOHN spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.

Rep. KIRSH continued speaking.

Rep. COTTY moved to table the amendment.

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

Those who voted in the affirmative are:

Anthony                Bailey                 Barfield
Battle                 Bowers                 Branham
Breeland               G. Brown               R. Brown
Cato                   Chellis                Clark
Clemmons               Clyburn                Cooper
Cotty                  Dantzler               Delleney
Emory                  Freeman                Gourdine
Hamilton               Harrell                Harrison
Hayes                  J. Hines               M. Hines
Jennings               Kennedy                Koon
Leach                  Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Miller                 J. M. Neal
Owens                  Parks                  E. H. Pitts
Rhoad                  Rivers                 Rutherford
Sandifer               Scott                  Sheheen
Simrill                Skelton                D. C. Smith

Snow                   Trotter                Umphlett
Vaughn                 Viers                  Whipper
Whitmire               Witherspoon

Those who voted in the negative are:

Altman                 Bingham                J. Brown
Duncan                 Edge                   Frye
Hinson                 Huggins                Keegan
Kirsh                  Limehouse              Loftis
Mahaffey               Merrill                Perry
Pinson                 M. A. Pitts            Quinn
Rice                   Richardson             Scarborough
G. R. Smith            J. R. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Tripp
Walker                 White                  Young

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 4 (Doc Name COUNCIL\PT\1641MM03), which was adopted:
Amend the bill, as and if amended, page 8, by adding after line 10:
/   Section 4-10-487.   A school district proposing to issue bonds that are to be authorized in a referendum held at the same time as a referendum on the question of imposing the sales tax authorized by this article must first obtain an estimate from the Board of Economic Advisors of the sales tax revenue that would be payable to that school district from the proceeds of the sales tax. The principal amount of bonds authorized for a school district in a referendum held at the same time as the referendum to authorize the imposition of the sales tax authorized by this article must not exceed the estimate by the Board of Economic Advisors of sales tax revenue for the school district. /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH proposed the following Amendment No. 6 (Doc Name COUNCIL\PT\1640MM03), which was rejected:
Amend the bill, as and if amended, page 8, by adding after line 10:
/   Section 4-10-485.   If a referendum to increase the bonded indebtedness limitation of one or more school districts is held in a district that holds a referendum to impose the sales tax authorized by this article and the sales tax imposition referendum fails, then the referendum to increase the bonded indebtedness is deemed to have failed. /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. WHIPPER raised the Point of Order that Amendment No. 6 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment dealt with bonded indebtedness and was germane to the Bill. He therefore overruled the Point of Order.

Rep. KIRSH continued speaking.

Rep. LITTLEJOHN spoke against the amendment.

Rep. LITTLEJOHN moved to table the amendment, which was not agreed to by a division vote of 27 to 31.

Rep. LITTLEJOHN spoke against the amendment.

The amendment was then rejected by a division vote of 42 to 42.

Rep. TOOLE proposed the following Amendment No. 9 (Doc Name COUNCIL\BBM\10027HTC04), which was adopted:
Amend the bill, as and if amended, by striking Section 4-10-475 and inserting:

/ Section 4-10-475.   Notwithstanding any of the provisions of this article, the revenue of the tax allowed by this article only may be

Rep. TOOLE explained the amendment.

Rep. TOOLE spoke in favor of the amendment.
Rep. LITTLEJOHN spoke against the amendment.

Rep. COTTY moved to table the amendment.

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

Those who voted in the affirmative are:

Barfield               Bowers                 G. Brown
Clemmons               Cotty                  Emory
Littlejohn             Lucas                  Mack
J. M. Neal             Neilson                Owens
Rivers                 Sheheen                Skelton
D. C. Smith            Witherspoon

Those who voted in the negative are:

Allen                  Altman                 Anthony
Bailey                 Battle                 Bingham
Breeland               J. Brown               R. Brown
Cato                   Chellis                Clark
Clyburn                Coates                 Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Freeman

Frye                   Gourdine               Hamilton
Harrell                Harrison               Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Huggins                Jennings
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Lloyd
Loftis                 Lourie                 Mahaffey
Martin                 McLeod                 Merrill
Miller                 Ott                    Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Rutherford             Scarborough
Scott                  Simrill                Sinclair
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Talley
Taylor                 Thompson               Toole
Tripp                  Trotter                Umphlett
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Young

So, the House refused to table the amendment.

The amendment was then adopted.

Reps. YOUNG, E. H. PITTS and SIMRILL proposed the following Amendment No. 11 (Doc Name COUNCIL\GJK\20889SD04), which was adopted:
Amend the bill, as and if amended, in Section 4-10-420 of the 1976 Code, as contained in SECTION 1, by striking the last sentence of the second paragraph of subsection (A) and inserting: / The referendums required by this article may only be conducted in even-numbered years at the same time as the general election with the polling places of all precincts required to be open./
Renumber sections to conform.
Amend title to conform.

Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.

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

Rep. ALTMAN spoke against the Bill.
Rep. RIVERS spoke against the Bill.
Rep. LITTLEJOHN spoke in favor of the Bill.

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

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Barfield               Battle                 Bingham
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Emory
Freeman                Frye                   Gourdine
Govan                  Hagood                 Harrell
Harrison               Hayes                  J. Hines
M. Hines               Hinson                 Huggins
Jennings               Keegan                 Koon
Leach                  Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Mahaffey               McCraw

McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Ott                    Owens
Parks                  Pinson                 E. H. Pitts
Quinn                  Rhoad                  Rivers
Rutherford             Scarborough            Scott
Sheheen                Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Thompson               Toole
Trotter                Umphlett               Vaughn
Viers                  Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Altman                 Ceips                  Duncan
Edge                   Hamilton               Herbkersman
Kennedy                Kirsh                  Loftis
Perry                  M. A. Pitts            Rice
Richardson             Stewart                Stille
Talley                 Taylor                 Tripp
Walker

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

While I am generally in favor of the use of a sales tax as a preferable method to raise revenue, I voted no on this legislation because of the issue of per pupil funding throughout South Carolina.

Currently the General Assembly is in the process of looking at statewide per pupil funding via a statewide sales tax. Should we find it necessary to use sales tax to fund per pupil expenditures statewide, I believe this legislation is premature and will limit the ability of the General Assembly on dealing with this issue.

Rep. Dwight Loftis

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

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

H. 3594 (Word version) -- Reps. Jennings, Harrison, F. N. Smith, Lucas, G. M. Smith, Hagood, Lourie, McLeod and Scott: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE.
Ordered for consideration tomorrow.

The following was introduced:

H. 4628 (Word version) -- Reps. Lloyd, R. Brown and Bowers: A HOUSE RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT EXITS 53 AND 57 ON INTERSTATE HIGHWAY 95 IN COLLETON COUNTY THAT CONTAIN THE WORDS "TUSKEGEE AIRMEN MONUMENT" INDICATING THE DIRECTION TO THE TUSKEGEE AIRMEN MONUMENT AND TO ERECT ADDITIONAL SIGNS TO DIRECT MOTORISTS TO THE MONUMENT FROM BOTH EXITS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 4629 (Word version) -- Reps. Mahaffey, Sinclair and Talley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE 2003 JAMES F. BYRNES HIGH SCHOOL "REBELS" FOOTBALL TEAM AND HEAD COACH BOBBY BENTLEY OF SPARTANBURG COUNTY ON WEDNESDAY, FEBRUARY 11, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE DIVISION II 4A STATE FOOTBALL CHAMPIONSHIP COMPETITION.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the 2003 James F. Byrnes High School "Rebels" Football Team and Head Coach Bobby Bentley on Wednesday, February 11, 2004, at a time to be determined by the Speaker, to congratulate them for their outstanding state championship win in the Division II 4A State Football Championship Competition.

The Resolution was adopted.

The following was introduced:

H. 4630 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO ALLOW FOR THE DISPLAY OF THE TEN COMMANDMENTS IN PUBLIC SCHOOLS, GOVERNMENT OFFICES, PUBLIC BUILDINGS, AND OTHER PUBLIC PLACES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4631 (Word version) -- Reps. J. R. Smith, Clyburn, Clark, Perry, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE HONORABLE SUE R. TOWNSEND OF AIKEN FOR HER MANY YEARS OF UNSELFISH PUBLIC SERVICE AS CORONER FOR AIKEN COUNTY AND EXTEND BEST WISHES TO HER UPON HER RETIREMENT.

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

The following was introduced:

H. 4632 (Word version) -- Reps. Mahaffey, Sinclair and Talley: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE 2003 JAMES F. BYRNES HIGH SCHOOL "REBELS" FOOTBALL TEAM AND HEAD COACH BOBBY BENTLEY FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE DIVISION II 4A STATE FOOTBALL CHAMPIONSHIP COMPETITION.

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

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

H. 4633 (Word version) -- Reps. Ceips, Limehouse, Altman, Battle, Clark, Davenport, Duncan, Emory, Harrison, Keegan, Leach, Lloyd, Mahaffey, Martin, Sinclair, G. R. Smith and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-185 SO AS TO AUTHORIZE A COUNTY OR MUNICIPALITY TO TAKE CERTAIN ACTION TO REMOVE ABANDONED OR DERELICT WATERCRAFT FROM WATERS UNDER ITS JURISDICTION, TO ESTABLISH PROCEDURES TO BE FOLLOWED IN CONJUNCTION WITH

H. 4634 (Word version) -- Reps. Merrill, Altman, Bailey, Bingham, Ceips, Clark, Edge, Herbkersman, Hinson, Rice, Scarborough, Umphlett, Viers, Weeks and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING PART 4 TO CHAPTER 5, TITLE 37, SO AS TO ENACT THE SOUTH CAROLINA CONSUMER REPORTING ACT AND TO PROVIDE FOR DEFINITIONS, THE RELEASE OF A FREE WRITTEN OR ELECTRONIC DISCLOSURE COPY OF A CONSUMER'S CREDIT REPORT, THE WRITTEN NOTICE TO A CONSUMER OF HIS RIGHT TO REQUEST A REPORT, A TOLL-FREE TELEPHONE NUMBER FOR A DISCLOSURE REQUEST, CIVIL PENALTIES FOR VIOLATIONS, AND FOR FAILURE TO CORRECT INACCURACIES IN THE REPORT.
Referred to Committee on Labor, Commerce and Industry

H. 4635 (Word version) -- Reps. Ceips, Cotty, Simrill, Limehouse, Vaughn, Altman, Anthony, Barfield, Battle, Bowers, J. Brown, Clemmons, Herbkersman, Jennings, Littlejohn, McCraw, Owens, Sinclair and G. R. Smith: A BILL TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO ALLOW THE GOVERNING BODY OF A LOCAL GOVERNMENT UNIT OR POLITICAL SUBDIVISION AND THE COUNTY TREASURER TO INVEST FUNDS, IN ADDITION TO FUNDS OBTAINED ONLY FROM THE ISSUANCE OF DEBT, IN CERTAIN MONEY MARKET MUTUAL FUNDS AND TO CLARIFY A REFERENCE; AND TO AMEND SECTION 12-45-220, RELATING TO INVESTMENTS BY COUNTY TREASURERS, SO

H. 4636 (Word version) -- Reps. Ceips, Cotty, Limehouse, Bowers, Herbkersman, Jennings, Koon, Owens, Sinclair and G. R. Smith: A BILL TO AMEND SECTION 12-45-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENTS BY COUNTY TREASURERS, SO AS TO CLARIFY THE AUTHORITY OF THE GOVERNING BODY TO DELEGATE INVESTMENT AUTHORITY TO THE COUNTY TREASURER APPOINTED IN A COUNCIL-MANAGER FORM OF GOVERNMENT.
Referred to Committee on Judiciary

H. 4637 (Word version) -- Reps. Loftis, Branham, Clyburn, Davenport, Hamilton, Leach, Littlejohn, Perry, Tripp and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-105 SO AS TO MAKE IT A TRADE PRACTICE VIOLATION TO REQUIRE A POLITICAL SUBDIVISION, COUNTY BOARD OF EDUCATION, OR SCHOOL DISTRICT TO REQUIRE CERTAIN INSURANCE BE CARRIED BEFORE A CONTRACTOR CAN BID ON A PROJECT.
Referred to Committee on Labor, Commerce and Industry

H. 4638 (Word version) -- Rep. Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-221 SO AS TO PROVIDE THAT A MUNICIPALITY WHICH PROVIDES WATER SERVICE TO RESIDENTS IN ANOTHER MUNICIPALITY MAY NOT CHARGE THOSE RESIDENTS A HIGHER RATE FOR THE WATER SERVICE THAN ITS OWN RESIDENTS IF THE MUNICIPALITY OWNS, MAINTAINS, OR OPERATES A WATER TREATMENT FACILITY IN THE OTHER MUNICIPALITY.
Referred to Committee on Judiciary

H. 4639 (Word version) -- Reps. M. A. Pitts, Limehouse, Altman, Anthony, Duncan, Harrison, Martin, Pinson, Sinclair, G. R. Smith and Taylor: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO

H. 4640 (Word version) -- Reps. M. A. Pitts, Limehouse, Altman, Anthony, Duncan, Harrison, Koon, Martin, Pinson, Sinclair, G. R. Smith and Taylor: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY.
Referred to Committee on Medical, Military, Public and Municipal Affairs

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

At 1:10 p.m. the House, in accordance with the motion of Rep. FREEMAN, adjourned in memory of Mrs. Clara Powell Stubbs of Cheraw, to meet at 10:00 a.m. tomorrow.

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