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


Printed Page 991 . . . . . Wednesday, February 11, 2004

Wednesday, February 11, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 70:1: "Hasten O God, to save me; O Lord, come quickly to help me."
Let us pray. O God, we pause together in prayer that You might come to us again and guide this body in their thinking and decision making. Be to them the guiding light. Bless and preserve our State and Nation and our leaders. Protect our defenders of freedom. Hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. RICHARDSON moved that when the House adjourns, it adjourn in memory of Virgie Hefner Chappell of Rock Hill, which was agreed to.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2889
Agency: Department of Labor, Licensing and Regulation, Building Codes Council
Statutory Authority: 1976 Code Section 6-9-63-(E)
Barrier Free Design, Building Codes Council
Received by Speaker of the House of Representatives
February 10, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 9, 2004


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Document No. 2891
Agency: Department of Labor, Licensing and Regulation - Board of Medical Examiners
Statutory Authority: 1976 Code Sections 40-47-20 and 40-1-70
Continued Competency
Received by Speaker of the House of Representatives
February 10, 2004
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration June 9, 2004 (Subject to Sine Die Revision)

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 10, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses the return of H. 3777:

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


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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.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 10, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Rankin, Ryberg and Richardson of the Committee of Conference on the part of the Senate on H. 3739:

H. 3739 (Word version) -- Reps. Ceips, Whipper, M. A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J. M. Neal, Phillips, Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire, Lourie and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.

Very respectfully,
President
Received as information.


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MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 10, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Moore, Alexander and Waldrep of the Committee of Free Conference on the part of the Senate on S. 208:

S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-5 SO AS TO PROVIDE DEFINITIONS, AND, AMONG OTHER THINGS, REVISE THE QUALIFICATIONS APPLICABLE TO CANDIDATES FOR THE COMMISSION, STAGGER THE TERMS OF MEMBERS OF THE COMMISSION, PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY OR AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION DURING THE MEMBER'S TERM OF OFFICE AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY; BY ADDING SECTION 58-3-25 SO AS TO PROVIDE THAT A PERSON WHOSE BUSINESS IS REGULATED BY THE COMMISSION MAY NOT SERVE AS A MEMBER OF THE COMMISSION; BY ADDING SECTION 58-3-30 SO AS TO PROVIDE THAT COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT; BY ADDING SECTION 58-


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3-135 SO AS TO ESTABLISH REQUIREMENTS FOR ALL FINAL COMMISSION ORDERS AND DECISIONS; BY ADDING SECTION 58-3-140 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF OF THE COMMISSION INCLUDING EX PARTE COMMUNICATIONS BY THESE PERSONS; BY ADDING SECTION 58-3-145 SO AS TO PROVIDE PROCEDURES FOR A PARTY SEEKING RELIEF FROM AN ALLEGED IMPROPER COMMUNICATION; BY ADDING SECTION 58-3-150 SO AS TO PROVIDE THAT A FORMER COMMISSIONER MAY NOT BE EMPLOYED BY A PUBLIC UTILITY FOR A PERIOD OF ONE YEAR FOLLOWING HIS SERVICE ON THE COMMISSION; BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 58 SO AS TO ESTABLISH THE PUBLIC SERVICE COMMISSION AND OFFICE OF PUBLIC STAFF REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; BY ADDING CHAPTER 4 TO TITLE 58 SO AS TO CREATE THE OFFICE OF PUBLIC STAFF AS A SEPARATE STATE AGENCY AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL SECTIONS 58-3-67 AND 58-3-93 EFFECTIVE JULY 1, 2004.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 10, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 208:

S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO


Printed Page 996 . . . . . Wednesday, February 11, 2004

REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-5 SO AS TO PROVIDE DEFINITIONS, AND, AMONG OTHER THINGS, REVISE THE QUALIFICATIONS APPLICABLE TO CANDIDATES FOR THE COMMISSION, STAGGER THE TERMS OF MEMBERS OF THE COMMISSION, PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY OR AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION DURING THE MEMBER'S TERM OF OFFICE AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY; BY ADDING SECTION 58-3-25 SO AS TO PROVIDE THAT A PERSON WHOSE BUSINESS IS REGULATED BY THE COMMISSION MAY NOT SERVE AS A MEMBER OF THE COMMISSION; BY ADDING SECTION 58-3-30 SO AS TO PROVIDE THAT COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT; BY ADDING SECTION 58-3-135 SO AS TO ESTABLISH REQUIREMENTS FOR ALL FINAL COMMISSION ORDERS AND DECISIONS; BY ADDING SECTION 58-3-140 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF OF THE COMMISSION INCLUDING EX PARTE COMMUNICATIONS BY THESE PERSONS; BY ADDING SECTION 58-3-145 SO AS TO PROVIDE PROCEDURES FOR A PARTY SEEKING RELIEF FROM AN ALLEGED IMPROPER COMMUNICATION; BY ADDING SECTION 58-3-150 SO AS TO PROVIDE THAT A FORMER COMMISSIONER MAY NOT BE EMPLOYED BY A PUBLIC UTILITY FOR A PERIOD OF ONE YEAR FOLLOWING HIS SERVICE ON THE COMMISSION; BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 58 SO AS TO ESTABLISH THE PUBLIC SERVICE COMMISSION AND OFFICE OF PUBLIC STAFF REVIEW COMMITTEE AND TO PROVIDE

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FOR ITS MEMBERSHIP, POWERS, AND DUTIES; BY ADDING CHAPTER 4 TO TITLE 58 SO AS TO CREATE THE OFFICE OF PUBLIC STAFF AS A SEPARATE STATE AGENCY AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL SECTIONS 58-3-67 AND 58-3-93 EFFECTIVE JULY 1, 2004.

Very respectfully,
President
Received as information.

S. 208--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

REPORTS OF STANDING COMMITTEES

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

H. 4454 (Word version) -- Reps. Vaughn, Altman, Leach and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-140 SO AS TO PROVIDE THAT FOR CERTAIN POLITICAL SUBDIVISIONS OF THIS STATE THAT WERE CREATED TO OPERATE HOSPITALS ON A LOCAL OR REGIONAL BASIS, THE ABILITY TO CALL FOR OR CONDUCT ADVISORY OR BINDING REFERENDA REGARDING THEIR ACTIVITIES SHALL REST SOLELY WITH THE GOVERNING BOARD OF THE POLITICAL SUBDIVISION AND THE GOVERNMENTAL BODIES WHICH APPOINT THE BOARD, INCLUDING A COUNTY LEGISLATIVE DELEGATION.
Ordered for consideration tomorrow.

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

H. 3482 (Word version) -- Reps. Bingham, Trotter, M. A. Pitts, Umphlett, Taylor, E. H. Pitts, Simrill, Huggins, Owens, Bailey, Hinson, Rice, Cato, Young, Hagood, Ceips, Altman, Merrill, Scarborough, Ott and Quinn: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE


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OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.
Ordered for consideration tomorrow.

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

H. 3762 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS CONVICTED OF AN OFFENSE WHO ARE IN THE CUSTODY OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT A TRIAL JUDGE MAY CHOOSE TO NOT RECEIVE NOTIFICATION OF THE PENDING RELEASE OF CERTAIN INMATES ON WORK RELEASE.
Ordered for consideration tomorrow.

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

H. 4656 (Word version) -- Reps. Cato, Sandifer, Huggins, Bailey, Bales, Barfield, Bingham, Bowers, G. Brown, J. Brown, Chellis, Cooper, Dantzler, Edge, Hamilton, Harrell, Harrison, Hinson, Jennings, Leach, Lee, Limehouse, Lourie, Mack, Martin, McCraw, Miller, Perry, Quinn, Rice, Richardson, Rutherford, Scarborough, Scott, J. R. Smith, W. D. Smith, Thompson, Tripp, Trotter, White, Witherspoon, Young, Moody-Lawrence, Gourdine and Allen: A BILL TO AMEND


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SECTION 58-9-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A TELEPHONE UTILITY TO BE GRANTED A CERTIFICATE OF NECESSITY BEFORE THE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO PROVIDE THAT TELECOMMUNICATIONS CARRIERS THAT HAVE ELECTED TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B) SHALL PROVIDE THESE CONTRACTS TO THE PUBLIC SERVICE COMMISSION AS REQUIRED; AND TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO THE ELECTION A LOCAL EXCHANGE CARRIER MAY MAKE WITH REGARD TO ITS REGULATION, SO AS TO PROVIDE FURTHER CONDITIONS UNDER WHICH A LOCAL EXCHANGE CARRIER MAY MAKE THIS ELECTION, TO DEFINE "ABUSE OF MARKET POSITION" AND REQUIRE THE COMMISSION TO RESOLVE COMPLAINTS WITHIN ONE HUNDRED TWENTY DAYS, TO DEFINE "BUNDLED OFFERING" AND "CONTRACT OFFERING", TO PROHIBIT THE COMMISSION FROM REGULATING A BUNDLED OFFERING OR CONTRACT OFFERING BY A CARRIER AND REQUIRE A CARRIER TO ADHERE TO AN ALTERNATIVE REGULATORY PLAN UNTIL IT EXPIRES OR IS TERMINATED BY THE COMMISSION, WHICHEVER IS SOONER, TO PROVIDE THAT A LOCAL EXCHANGE CARRIER PROVIDING BUNDLED OFFERINGS OR CONTRACT OFFERINGS IS OBLIGATED TO PROVIDE CERTAIN UNIVERSAL SERVICE FUND (USF) CONTRIBUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH ACCESS MINUTES OF USE MUST BE CLASSIFIED AND REPORTED FOR PURPOSES OF ADMINISTERING THE INTERIM LOCAL EXCHANGE CARRIER FUND.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 4729 (Word version) -- Reps. Wilkins, Cato, Cooper, Dantzler, Duncan, Jennings, Leach, J. M. Neal, Ott, Rhoad, Sandifer, Skelton, Snow, Stewart, Townsend, Umphlett, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons,


Printed Page 1000 . . . . . Wednesday, February 11, 2004

Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, Davenport, Delleney, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Keegan, Kennedy, Kirsh, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, Neilson, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rice, Richardson, Rivers, Rutherford, Scarborough, Scott, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE 2003 CLEMSON UNIVERSITY "TIGERS" FOOTBALL TEAM AND HEAD COACH TOMMY BOWDEN, TUESDAY, FEBRUARY 17, 2004, AT 12:30 P.M., FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR TREMENDOUS VICTORY IN THE 2003 CHICK-FIL-A PEACH BOWL.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the 2003 Clemson University "Tigers" Football Team and Head Coach Tommy Bowden, Tuesday, February 17, 2004, at 12:30 p.m., for the purpose of congratulating them on their tremendous victory in the 2003 Chick-Fil-A Peach Bowl.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4730 (Word version) -- Reps. Cotty, Huggins, Bales, Bingham, J. Brown, Clark, Frye, Harrison, Howard, Koon, Lourie, J. H. Neal, E. H. Pitts, Quinn, Rutherford, Scott and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-1710 THROUGH 59-53-1760 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 20,


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CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 20, CHAPTER 53, TITLE 59, RELATING TO THE MIDLANDS TECHNICAL COLLEGE, SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF THE NORTHEAST CAMPUS, TO PROVIDE FOR THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Referred to Committee on Education and Public Works

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

H. 4732 (Word version) -- Reps. Davenport, Clyburn, Frye, Hamilton, Littlejohn, Loftis, Pinson, Rice, Taylor and Weeks: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE ON EMERGENCY ROOM DIVERSION TO BE CONVENED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE USE OF EMERGENCY ROOMS, TO IDENTIFY INAPPROPRIATE USAGE AND TO DEVELOP A PLAN FOR COMMUNITY SERVICES ALTERNATIVES; TO SUBMIT A PLAN TO REDUCE INAPPROPRIATE USE OF EMERGENCY ROOMS AND A BUDGET TO IMPLEMENT THIS PLAN AND TO PROVIDE MORE APPROPRIATE SERVICES; AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ASSIST THE DEPARTMENT IN CONDUCTING A PILOT PROJECT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4733 (Word version) -- Reps. Davenport and Littlejohn: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR


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ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4734 (Word version) -- Rep. Howard: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES.
Referred to Committee on Judiciary

H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.
Referred to Committee on Ways and Means

H. 4737 (Word version) -- Reps. Duncan, M. A. Pitts, Emory, Limehouse, Littlejohn, Pinson and Taylor: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


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RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND REAL ESTATE AGENTS.
Referred to Committee on Labor, Commerce and Industry

H. 4738 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor, Frye, E. H. Pitts, Pinson, Limehouse, Bales, Clark, Davenport, Emory, Herbkersman, Hosey, Merrill, J. H. Neal, J. M. Neal, W. D. Smith, Stille and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 IN TITLE 1 ENACTING THE SOUTH CAROLINA INTERAGENCY COOPERATION ACT SO AS TO ALLOW APPLICATIONS FOR A LICENSE OR PERMIT FROM A STATE AGENCY REQUIRING ACTION BY MORE THAN ONE STATE AGENCY FOR PROCESSING TO BE FILED WITH THE PRIMARY LICENSING AGENCY WITH THAT AGENCY SIMULTANEOUSLY FILING THE APPLICATION WITH THE AFFECTED AGENCIES WITH PROCESSING TIMES FOR THESE MULTIPLE APPLICATIONS TO RUN CONCURRENTLY.
Referred to Committee on Labor, Commerce and Industry

H. 4739 (Word version) -- Reps. Toole, Bales, E. H. Pitts, Bingham, Quinn, Huggins, Cotty, Herbkersman, Lourie, Haskins, Limehouse, Pinson, Branham, Ceips, Davenport, Duncan, Gilham, Hamilton, Harrison, Hosey, Leach, M. A. Pitts, Sandifer, G. M. Smith, G. R. Smith, Taylor, Weeks, Whitmire and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-30 SO AS TO PROVIDE THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT STATE AGENCIES DO NOT PROVIDE GOODS AND SERVICES IN COMPETITION WITH PRIVATE BUSINESS, TO PROVIDE DEFINITIONS WITH RESPECT TO THIS POLICY, AND TO PROVIDE THOSE REQUIREMENTS NECESSARY FOR CONTRAVENING THIS POLICY.
Referred to Committee on Judiciary

H. 4740 (Word version) -- Reps. Miller, Hayes, J. E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF


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LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SAFE ROUTES TO SCHOOLS ACT" BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL FORM A COORDINATING COMMITTEE AND EACH SCHOOL SHALL FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK YOUR CHILD TO SCHOOL/BIKE TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE.
Referred to Committee on Education and Public Works

CONCURRENT RESOLUTION

The following was introduced:

H. 4736 (Word version) -- Reps. Tripp, Anthony, Branham, Clark, Dantzler, Davenport, Delleney, Duncan, Frye, Hamilton, Harrison, Haskins, Hayes, Herbkersman, M. Hines, Hinson, Huggins, Lee, McGee, Ott, M. A. Pitts, Scarborough, G. R. Smith, J. R. Smith, Snow, Stille, Taylor, Thompson, Toole, Whitmire, Wilkins and Young: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICA TO ADOPT AND SUBMIT TO THE STATES FOR RATIFICATION THE FEDERAL MARRIAGE AMENDMENT TO THE UNITED STATES CONSTITUTION PRESERVING THE LEGAL STATUS OF MARRIAGE BETWEEN A MAN AND WOMAN FOR FUTURE GENERATIONS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 1005 . . . . . Wednesday, February 11, 2004

ROLL CALL

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

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


Printed Page 1006 . . . . . Wednesday, February 11, 2004

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 11.

Karl Allen                        Skipper Perry
Bill Cotty                        JoAnne Gilham
William R. "Bill" Whitmire        William Bowers
Denny Neilson                     Ralph Davenport
David Weeks                       Douglas Jennings
Alex Harvin
Joseph Neal   G.R. Smith

Total Present--120

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 10.

STATEMENT OF ATTENDANCE

Rep. MACK signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 27.

DOCTOR OF THE DAY

Announcement was made that Dr. Tommy Gibbons of Irmo is the Doctor of the Day for the General Assembly.

SPEAKER PRO TEMPORE IN CHAIR

SPECIAL PRESENTATION

Rep. TALLEY presented to the House the Wofford College "Terriers" Football Team, the Southern Conference Champions, and Head Coach Mike Ayers who was named National Coach of the year in Division 1-AA.

SPECIAL PRESENTATION

Reps. WALKER, ANTHONY, DAVENPORT, LITTLEJOHN, MAHAFFEY, SINCLAIR, W. D. SMITH and TALLEY presented to the House a delegation of students, parents, and officials from the South Carolina School for the Deaf and the Blind.


Printed Page 1007 . . . . . Wednesday, February 11, 2004

SPEAKER IN CHAIR

SPECIAL PRESENTATION

Rep. MAHAFFEY presented to the House the James F. Byrnes High School "Rebels" Football Team, the 2003 Division II 4A Champions, and their coach.

CO-SPONSORS ADDED AND REMOVED

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

CO-SPONSOR ADDED

Bill Number:   H. 4657 (Word version)
Date:   ADD:
02/11/04   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 4657 (Word version)
Date:   ADD:
02/11/04   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 4657 (Word version)
Date:   ADD:
02/11/04   WHITMIRE


Printed Page 1008 . . . . . Wednesday, February 11, 2004

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/11/04   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 4724 (Word version)
Date:   ADD:
02/11/04   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4723 (Word version)
Date:   ADD:
02/11/04   MAHAFFEY

CO-SPONSOR ADDED

Bill Number:   H. 4481 (Word version)
Date:   ADD:
02/11/04   WILKINS

CO-SPONSOR REMOVED

Bill Number:   H. 4674 (Word version)
Date:   REMOVE:
02/11/04   UMPHLETT

CO-SPONSOR REMOVED

Bill Number:   H. 4657 (Word version)
Date:   REMOVE:
02/11/04   UMPHLETT

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

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


Printed Page 1009 . . . . . Wednesday, February 11, 2004

CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

SENT TO THE SENATE

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

H. 4707 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

ORDERED TO THIRD READING

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

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

H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER


Printed Page 1010 . . . . . Wednesday, February 11, 2004

OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

Rep. PARKS explained the Bill.

H. 4397 (Word version) -- Reps. Mack, Breeland, Whipper, Branham and R. Brown: A BILL TO AMEND SECTION 40-47-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, SO AS TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO ALLOW A BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN ACTING AS A SUPERVISING ANESTHESIOLOGIST, SO AS TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1275, RELATING TO THE PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, SO AS TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO CHANGE THE NAME OF A SUPERVISOR FEE TO A SUPERVISOR SPONSOR FEE.

Rep. PARKS explained the Bill.


Printed Page 1011 . . . . . Wednesday, February 11, 2004

H. 4708 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTIONS 59-53-510, AS AMENDED, 59-53-520, 59-53-530, AND 59-53-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE NORTHEASTERN TECHNICAL COLLEGE AREA COMMISSION, SO AS TO INCLUDE DILLON COUNTY IN THE COUNTIES IN WHICH PROGRAMS OF VOCATIONAL AND TECHNICAL EDUCATION ARE ADMINISTERED, TO INCLUDE DILLON COUNTY IN THE COUNTIES IN WHICH THE COMMISSION MAY ACQUIRE ADDITIONAL SITES FOR CONSTRUCTION OF APPROPRIATE FACILITIES, TO PROVIDE THAT THE COMMISSION MAY EXPEND FUNDS DERIVED FROM BONDS ISSUED BY DILLON COUNTY, TO PROVIDE THAT COPIES OF THE AUDIT OF THE COMMISSION'S ACCOUNTS MUST BE DELIVERED TO THE LEGISLATIVE DELEGATIONS AND GOVERNING BODIES OF DILLON COUNTY; AND TO REPEAL SECTION 59-53-550 RELATING TO THE BUDGET OF THE NORTHEASTERN TECHNICAL COLLEGE AREA COMMISSION.

Rep. HAYES explained the Bill.

H. 4709 (Word version) -- Reps. Bailey and Chellis: A BILL TO AMEND SECTION 12-21-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT FOR ANY BINGO LICENSE TO BE ISSUED THE ORGANIZATION, PROMOTER, OR INDIVIDUAL MUST HAVE BEEN DOMICILED IN THIS STATE FOR AT LEAST THREE YEARS OR, IN THE CASE OF AN ORGANIZATION, TO HAVE BEEN ACTIVE IN THIS STATE FOR AT LEAST THREE YEARS, SO AS TO REDUCE THE MINIMUM TIME FOR AN ORGANIZATION TO HAVE BEEN ACTIVE IN THIS STATE FROM AT LEAST THREE TO AT LEAST TWO YEARS.

Rep. BAILEY explained the Bill.

H. 3400--REQUEST FOR DEBATE AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3400 (Word version) -- Reps. M. A. Pitts, Taylor and McLeod: A BILL TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON


Printed Page 1012 . . . . . Wednesday, February 11, 2004

CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.

Rep. DELLENEY explained the Bill.

Rep. THOMPSON requested debate on the Bill.

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

H. 4687--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. COOPER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:

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

H. 4354--REQUEST FOR DEBATE WITHDRAWN

Rep. LOFTIS, with unanimous consent, withdrew his request for debate on H. 4354 (Word version); however, other requests for debate remained on the Bill.

OBJECTION TO RECALL

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


Printed Page 1013 . . . . . Wednesday, February 11, 2004

H. 4354--REQUESTS FOR DEBATE WITHDRAWN, AMENDED AND REQUESTS FOR DEBATE

Upon the withdrawal of requests for debate by Reps. TRIPP, HAMILTON and SKELTON, with unanimous consent, the following Bill was taken up:

H. 4354 (Word version) -- Reps. Hagood, Littlejohn, Young, Chellis, Lourie, R. Brown and Miller: A BILL TO ENACT THE "SOUTH CAROLINA INFRASTRUCTURE PRIORITY INVESTMENT ACT OF 2003" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO ESTABLISH COORDINATION BETWEEN ADJACENT AND OTHER RELEVANT JURISDICTIONS DURING THE LOCAL PLANNING PROCESS AND TO ESTABLISH THE DESIGNATION OF PRIORITY INFRASTRUCTURE AREAS AS AN ELEMENT OF COMPREHENSIVE PLANS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10030SD04), which was adopted:
Amend the bill, as and if amended, by striking subsection (D) of Section 6-29-510 as contained in SECTION 2 and inserting:

/ (D)   A local comprehensive plan must include, but not be limited to, the following planning elements:

(1)   a population element which considers historic trends and projections, household numbers and sizes, educational levels, and income characteristics;

(2)   an economic development element which considers labor force and labor force characteristics, employment by place of work and residence, and analysis of the economic base;

(3)   a natural resources element which considers coastal resources, slope characteristics, prime agricultural and forest land, plant and animal habitats, parks and recreation areas, scenic views and sites, wetlands, and soil types. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;

(4)   a cultural resources element which considers historic buildings and structures, commercial districts, residential districts, unique, natural, or scenic resources, archaeological, and other cultural resources. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;


Printed Page 1014 . . . . . Wednesday, February 11, 2004

(5)   a community facilities element which considers transportation network; water supply, treatment, and distribution; sewage system and wastewater treatment; solid waste collection and disposal, fire protection, emergency medical services, and general government facilities; education facilities; and libraries and other cultural facilities;

(6)   a housing element which considers location, types, age and condition of housing, owner and renter occupancy, and affordability of housing; and

(7)   a land use element which considers existing and future land use by categories, including residential, commercial, industrial, agricultural, forestry, mining, public and quasi-public, recreation, parks, open space, and vacant or undeveloped;

(8)   a priority investment element which establishes, through coordination with all adjacent and other relevant jurisdictions and agencies, suitable areas where development and community facilities are recommended to be directed and to where state and federal funding for all growth-related projects and community facilities are recommended to be targeted, using incentive market-based principles; and

(9)   a transportation element which considers transportation facilities, including major road improvements, new road construction, transit projects, pedestrian and bicycle projects, and other elements of a transportation network This element shall be developed in coordination with item (7) of this subsection, the land use element, to ensure transportation efficiency for existing and planned development."/
Amend title to conform.

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

Rep. HAGOOD proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7122AHB04), which was adopted:
Amend the bill, as and if amended, by deleting subsection (D)(8) of Section 6-29-510 as contained in SECTION 2 and inserting:
/ (8) a priority investment element which establishes, through coordination with all adjacent and other relevant jurisdictions and agencies, priority investment areas which must be suitable areas in which development and community facilities are recommended to be directed and areas to which state and federal funding for all


Printed Page 1015 . . . . . Wednesday, February 11, 2004

growth-related projects and community facilities are recommended to be targeted. It is the intent of the General Assembly that state agencies develop appropriate incentives to encourage state and federal funding of infrastructure in priority investment areas and to discourage the funding of infrastructure in areas not designated as priority investment areas on comprehensive plans. It is further the intent of the General Assembly that local governments develop market-based incentives to encourage private development in priority investment areas rather than areas not designated as priority investment areas on comprehensive plans; and /
Renumber sections to conform.
Amend title to conform.

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

Rep. SCOTT proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20943SJ04), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   The 1976 Code is amended by adding:

"Section 6-29-725.   If a county has adopted a zoning plan which classifies property into developmental districts in its plan, and a rezoning request for this type of property is denied, the county shall tax this property equal to the tax applied to all agricultural property in the county." /
Renumber sections to conform.
Amend title to conform.

Rep. SCOTT explained the amendment.

POINT OF ORDER

Rep. HAGOOD raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the Bill dealt with local planning commissions coordinating with other jurisdictions and the amendment dealt with rezoning requests and taxation of property when rezoning requests are denied. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. HAGOOD explained the Bill.


Printed Page 1016 . . . . . Wednesday, February 11, 2004

Reps. RICE, OTT, DUNCAN, E. H. PITTS, WHIPPER, FREEMAN, J. BROWN, GOVAN, MACK, CLYBURN, LLOYD, LUCAS, SCARBOROUGH, HAGOOD, LEE, COLEMAN, LIMEHOUSE, BREELAND, WEEKS, COATES, EMORY, HINSON, BALES and HARRISON requested debate on the Bill.

H. 4016--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.

Rep. HARRELL explained the Senate Amendments.

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

H. 3900--NONCONCURRENCE IN SENATE AMENDMENTS

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

H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E. H. Pitts, Mack, M. A. Pitts, Richardson, J. H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens, J. R. Smith, Snow, Talley, Bailey, Trotter, Umphlett, White, Thompson, Whitmire, Whipper, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH


Printed Page 1017 . . . . . Wednesday, February 11, 2004

CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND PROVIDE FOR ITS USES, AND TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, AS ESTABLISHED IN CHAPTER 44, TITLE 41 OF THE 1976 CODE, ARE TRANSFERRED TO THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND WITHIN THE SOUTH CAROLINA VENTURE CAPITAL FUND; AND TO REPEAL CHAPTER 44, TITLE 41 RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP.

Rep. HARRELL explained the Senate Amendments.

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

H. 4630--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4630 (Word version) -- Reps. Viers, Barfield, Altman, Anthony, Bingham, G. Brown, Davenport, Delleney, Duncan, Frye, Harrison, Haskins, Herbkersman, Hosey, Leach, Limehouse, Littlejohn, Lloyd, Lucas, McCraw, Owens, Phillips, Pinson, M. A. Pitts, Rhoad, Simrill, D. C. Smith, G. R. Smith, Stille, Taylor, Whitmire and Young: A


Printed Page 1018 . . . . . Wednesday, February 11, 2004

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.

Whereas, the United States of America was founded by men and women with varied but strong religious beliefs; and

Whereas, the First Amendment to the United States Constitution states, in part, that "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...", and that means that the government is prohibited from establishing an official religion, and also that no barriers shall be erected against the practice of any religion; and

Whereas, the establishment clause of the First Amendment was not drafted to protect Americans from religion; rather, its purpose was clearly to protect Americans from governmental control over religion; and

Whereas, the federal courts have erected barriers to the exercise of freedom of religion in public places, including rulings against the presence of the Ten Commandments in public schools, government offices, public buildings, and other public places and otherwise have misconstrued the intent of the First Amendment; and

Whereas, the United States Constitution specifies a remedy, namely by amendments to the Constitution; and

Whereas, the members of the General Assembly of South Carolina strongly believe that reaffirming a right to voluntary and nonmandated expressions of religion in public places is an important element of the religious freedom of this country; and

Whereas, the members of the General Assembly of South Carolina also strongly believe that the members of the Congress of the United States should enact legislation that allows for the display of the Ten Commandments in public schools, government offices, public


Printed Page 1019 . . . . . Wednesday, February 11, 2004

buildings, and other public places and to submit the same to the states for ratification. Now, therefore,

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

That the members of the General Assembly hereby 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.

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

Rep. VIERS explained the Resolution.

SPEAKER PRO TEMPORE IN CHAIR

Rep. VIERS continued speaking.

SPEAKER IN CHAIR

Rep. J. E. SMITH spoke against the Resolution.
Rep. MACK spoke against the Resolution.
Rep. J. H. NEAL spoke against the Resolution.
Rep. DUNCAN spoke in favor of the Resolution.
Rep. HASKINS spoke in favor of the Resolution.
Rep. JENNINGS spoke against the Resolution.

The question then recurred to the adoption of the Resolution.

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

Yeas 89; Nays 19

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield

Printed Page 1020 . . . . . Wednesday, February 11, 2004

Battle                 Bingham                Bowers
G. Brown               Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Hosey                  Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
J. M. Neal             Neilson                Ott
Owens                  Perry                  Pinson
M. A. Pitts            Rhoad                  Rice
Richardson             Sandifer               Scarborough
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
Vaughn                 Viers                  Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

Total--89

Those who voted in the negative are:

Branham                Breeland               J. Brown
R. Brown               Cobb-Hunter            Freeman
J. Hines               M. Hines               Howard
Jennings               Kennedy                Lourie
Mack                   Miller                 J. H. Neal
Rutherford             Scott                  J. E. Smith
Whipper

Total--19


Printed Page 1021 . . . . . Wednesday, February 11, 2004

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

STATEMENT FOR THE JOURNAL

I do not vote on Resolutions.

Rep. Edward H. "Ted" Pitts, Jr.

H. 3479--RECOMMITTED

The following Concurrent Resolution was taken up:

H. 3479 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO RESCIND THE DECISIONS TO JOIN THE NORTH AMERICAN FREE TRADE AGREEMENT AND THE GENERAL AGREEMENT ON TARIFFS AND TRADE.

Rep. LEACH moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.

H. 4503--RECOMMITTED

The following Concurrent Resolution was taken up:

H. 4503 (Word version) -- Reps. J. R. Smith, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES HOUSE OF REPRESENTATIVES TO ENACT H.RES. 103 WHICH ESTABLISHES A SELECT COMMITTEE ON POW AND MIA AFFAIRS IN THE UNITED STATES HOUSE OF REPRESENTATIVES.

Rep. LEACH moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.

H. 4705--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4705 (Word version) -- Rep. Lloyd: A CONCURRENT 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"


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INDICATING THE DIRECTION TO THE TUSKEGEE AIRMEN MONUMENT AND TO ERECT ADDITIONAL SIGNS TO DIRECT MOTORISTS TO THE MONUMENT FROM BOTH EXITS.

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

That the members of the House of Representatives, by this resolution, 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" and to erect additional signs to direct motorists to the monument from both exits.

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

Rep. LEACH moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions.

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

Yeas 8; Nays 90

Those who voted in the affirmative are:

Davenport              Frye                   Koon
Leach                  Perry                  G. R. Smith
Stewart                Witherspoon

Total--8

Those who voted in the negative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory

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Freeman                Gilham                 Hagood
Hamilton               Harrison               Harvin
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hosey
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Limehouse
Lloyd                  Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Owens                  Parks
Pinson                 E. H. Pitts            Rhoad
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                G. M. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Vaughn                 Viers
Weeks                  Whipper                White
Whitmire               Wilkins                Young

Total--90

So, the House refused to recommit the Concurrent Resolution.

The question then recurred to the adoption of the Concurrent Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

S. 916 (Word version) -- Senators Richardson, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover,


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Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Ritchie, Ryberg, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS THAT CROSSES SPANISH WELLS ROAD ALONG THE CROSS ISLAND PARKWAY ON HILTON HEAD ISLAND THE "AMBASSADOR JOHN C. WEST OVERPASS" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS OVERPASS WHICH CONTAIN THE WORDS "AMBASSADOR JOHN C. WEST OVERPASS".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4741 (Word version) -- Reps. Limehouse, Cotty, 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, 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, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, 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 HOUSE RESOLUTION TO COMMEND AMBASSADOR JOHN CARL WEST FOR HIS MANY YEARS OF DISTINGUISHED SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND THIS NATION, AND TO OFFER SOLEMN


Printed Page 1025 . . . . . Wednesday, February 11, 2004

PRAYERS FOR OUR BELOVED AMBASSADOR, FORMER GOVERNOR, AND FRIEND.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4742 (Word version) -- Reps. Harvin and G. M. Smith: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON THE DEATH OF MS. JOANN DUBOSE OF CLARENDON COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4743 (Word version) -- Reps. Miller, Harvin, R. Brown and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 17 FROM THE TOWN LIMITS OF AWENDAW TO THE TOWN LIMITS OF MCCLELLANVILLE IN HONOR OF THE LATE JAMES MITCHELL "MITCH" GRAHAM WHO WAS ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC OFFICIALS AND WHO WAS INSTRUMENTAL IN THE FOUNDING OF THE SOUTH CAROLINA ASSOCIATION OF COUNTIES AMONG OTHER ACHIEVEMENTS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 4744 (Word version) -- Reps. Koon, Altman, Bailey, Leach, Whipper, Scarborough, Young, R. Brown, Frye, Breeland, Rhoad, Hagood, Hinson, Mack, Chellis, Dantzler, Rutherford, Miller, Kirsh, Battle, Clark, Coates, Duncan, Hamilton, Hayes, J. Hines, M. Hines, Hosey,


Printed Page 1026 . . . . . Wednesday, February 11, 2004

Howard, Keegan, Lee, Lloyd, Mahaffey, Martin, McGee, Moody-Lawrence, Ott, Owens, M. A. Pitts, Rice, Richardson, Scott, D. C. Smith, G. R. Smith, J. R. Smith, Snow, Stille, Taylor, Whitmire, Wilkins and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA PORTS AUTHORITY FOR ITS OUTSTANDING CONTRIBUTIONS TO THE STATE'S ECONOMY, FOR THE SIGNIFICANT ROLE IT HAS PLAYED IN ADVANCING SOUTH CAROLINA'S POSITION IN THE GLOBAL ECONOMY, FOR ITS SERVICE TO THE STATE'S INDUSTRIES, AND TO ACKNOWLEDGE FEBRUARY 17, 2004, AS "STATE PORTS AUTHORITY APPRECIATION DAY".

Whereas, the South Carolina State Ports Authority was created by the General Assembly in 1942 to contribute to the economic development of the State of South Carolina by fostering and stimulating waterborne commerce and the shipment of freight; and

Whereas, over its sixty-two year history, the Ports Authority has set the standard for growth and productivity among U.S. ports; and

Whereas, hundreds of companies from every county in South Carolina import and export products through the State Ports Authority's terminals, providing a direct link between our state's economic health and the health of our public ports; and

Whereas, a study by the Center for Economic Forecasting reported that waterborne commerce through the State Ports Authority stimulates jobs for 281,000 South Carolinians, who earn more than nine billion dollars annually; and

Whereas, international trade and business though the State Ports Authority has a total annual economic impact on the State of twenty-three billion dollars, including the generation of two and one-half billion dollars in state and local taxes every year; and

Whereas, South Carolina products are exported around the world from our state's ports every year; and

Whereas, more than half of the port users in South Carolina are small companies, showing great potential for expanding the role of small businesses in international trade; and


Printed Page 1027 . . . . . Wednesday, February 11, 2004

Whereas, the success of our port system has contributed significantly to South Carolina's global reputation, and the State Ports Authority currently operates the nation's fourth-largest container port and ranks sixth in the entire country in the value of goods shipped; and

Whereas, a strong and successful State Ports Authority will play an even greater role in maintaining existing jobs and attracting better employment opportunities to South Carolina in the years ahead as deepening of the Charleston Harbor and future port development on the Charleston Naval Complex bolsters South Carolina's position as a leader in the global economy and strengthens the competitiveness of its industries. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, recognize the South Carolina State Ports Authority for its outstanding contributions to the state's economy and the significant role it has played in advancing South Carolina's position in the global economy, as well as its service to the state's industries, and acknowledge February 17, 2004, as "State Ports Authority Appreciation Day".

Be it further resolved that a copy of this resolution be forwarded to Harry J. Butler, Jr., Chairman, and Bernard S. Groseclose, Jr., President and CEO.

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

INTRODUCTION OF BILLS

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

H. 4745 (Word version) -- Reps. F. N. Smith and Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-240 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROVIDE FOR EACH PUBLIC SCHOOL OF THE STATE TO TRAIN ITS STUDENTS TO


Printed Page 1028 . . . . . Wednesday, February 11, 2004

DEFEND THEMSELVES AGAINST POTENTIAL KIDNAPPERS, ABDUCTORS, AND PREDATORS.
Referred to Committee on Education and Public Works

H. 4746 (Word version) -- Reps. Huggins and E. H. Pitts: A BILL TO AMEND SECTIONS 9-1-1810 AND 9-11-310, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COST-OF-LIVING ADJUSTMENTS IN RETIREMENT ALLOWANCES PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE CONTINGENCY IN THESE PROVISIONS PROVIDING THAT COST-OF-LIVING ADJUSTMENTS IN RETIREMENT ALLOWANCES MAY BE PAID ONLY IF THE INCREASED LIABILITIES RESULTING FROM THESE ADJUSTMENTS DO NOT REQUIRE AN INCREASE IN EMPLOYER CONTRIBUTIONS TO THESE SYSTEMS.
Referred to Committee on Ways and Means

H. 4747 (Word version) -- Reps. Simrill, Delleney, Kirsh, McCraw, Moody-Lawrence and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-85 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO IMPOSE LICENSURE, PERMIT, AND RENEWAL FEES ON APPLICANTS IN PROGRAMS THE DEPARTMENT REGULATES, TO AUTHORIZE THE DEPARTMENT TO IMPOSE MONETARY PENALTIES FOR VIOLATIONS PERTAINING TO THESE PROGRAMS, TO PROVIDE THAT THE DEPARTMENT SHALL PROVIDE FOR THE USE OF FEES AND PENALTIES COLLECTED, AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THESE PROVISIONS.
Referred to Committee on Ways and Means

H. 4748 (Word version) -- Reps. Harvin and G. M. Smith: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26, 27, 28, 29, AND 30, 2004, BY THE STUDENTS OF A SCHOOL IN SCHOOL DISTRICT NOS. 1, 2, AND 3 OF CLARENDON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS


Printed Page 1029 . . . . . Wednesday, February 11, 2004

MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. HARVIN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

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

ADJOURNMENT

At 12:50 p.m. the House, in accordance with the motion of Rep. RICHARDSON, adjourned in memory of Virgie Hefner Chappell of Rock Hill, to meet at 10:00 a.m. tomorrow.

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