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


Printed Page 2913 . . . . . Thursday, May 1, 2003

Thursday, May 1, 2003
(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 100:5: "For the Lord is good and his love endures forever; his faithfulness continues through all generations."
Let us pray. Almighty God, You have provided for us all that is needed to work in this place. Smile on us and through us, God of infinite favor, so that we might be channels of Your grace for others and instruments of Your will. Give wisdom and vision to our leaders in State and nation. Protect our troops in harm's way. Hear our prayer, mighty God. 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. BOWERS moved that when the House adjourns, it adjourn in memory of former Senator and House member James P. Harrelson of Colleton County, which was agreed to.

STATEMENT FOR THE JOURNAL

Yesterday, on April 30, former House member James Pershing Harrelson, affectionately known as "Preacher" Harrelson, of Colleton County, died.

Mr. Harrelson devoted his entire life to public service for our great State and became a Lowcountry legend at a very early age.

He was a Palmetto Gentleman, a minister, a State Representative, a State Senator, a lawyer, and a man of principle with unequalled devotion to all. He is a great South Carolina hero.
Rep. Bowers


Printed Page 2914 . . . . . Thursday, May 1, 2003

REPORT OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, Mahaffey, Neilson, Parks, M. A. Pitts, Altman, Toole, Umphlett and Walker: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4130 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY


Printed Page 2915 . . . . . Thursday, May 1, 2003

SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.
Referred to Committee on Judiciary

H. 4132 (Word version) -- Reps. Sheheen, Cotty and Coleman: A BILL TO AMEND CHAPTER 27, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAKE WYLIE MARINE COMMISSION, SO AS TO DESIGNATE SECTIONS 49-27-10 THROUGH 49-27-90 AS ARTICLE 1, AND BY ADDING ARTICLE 3 SO AS TO ESTABLISH THE LAKE WATEREE MARINE COMMISSION AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR IMMUNITY FOR AN OFFICER OF THE LAKE WATEREE MARINE COMMISSION FOR CERTAIN ACTIONS WHEN ACTING IN HIS OFFICIAL CAPACITY WITHIN HIS TERRITORIAL JURISDICTION.
On motion of Rep. COLEMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 657 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, 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.
On motion of Rep. OWENS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

The following was introduced:

H. 4131 (Word version) -- Rep. Ceips: A HOUSE RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO CAPTAIN


Printed Page 2916 . . . . . Thursday, May 1, 2003

SAMMY BRELAND OF BEAUFORT, ON THE OCCASION OF HIS RETIREMENT AS FIRE MARSHAL OF BEAUFORT AND PORT ROYAL, TO THANK HIM FOR HIS MANY YEARS OF SERVICE TO THIS STATE AND TO BEAUFORT COUNTY THROUGH HIS COURAGEOUS WORK IN FIREFIGHTING, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4133 (Word version) -- Rep. Hinson: A CONCURRENT RESOLUTION CONGRATULATING SIR KNIGHT MICHAEL W. TELESCO FOR FIFTY YEARS OF OUTSTANDING SERVICE AND FOR HIS MANY CONTRIBUTIONS TO THE KNIGHTS OF COLUMBUS AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

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

HOUSE RESOLUTION

The following was introduced:

H. 4134 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, 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, 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, Sheheen, 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,


Printed Page 2917 . . . . . Thursday, May 1, 2003

Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE THE LIFE OF REVEREND ISAAC BARTLEY BUTLER OF EASTOVER AND TO EXTOL HIM FOR HIS COUNTLESS ACTS OF GOOD DEEDS AND HIS FERVENT FIGHT FOR IMPROVING THE LIVES OF SO MANY PEOPLE IN THE STATE.

The Resolution was adopted.

ROLL CALL

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

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                  Delleney               Duncan
Edge                   Emory                  Freeman
Gilham                 Gourdine               Govan
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Keegan                 Kennedy
Kirsh                  Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               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            Rhoad                  Rice
Rivers                 Sandifer               Scarborough
Sheheen                Simrill                Sinclair

Printed Page 2918 . . . . . Thursday, May 1, 2003

Skelton                D. C. Smith            F. N. Smith
J. E. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Walker                 Whipper                White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 1.

Roland Smith                      Doug Smith
Thad Viers                        Larry Koon
Marion Frye                       Becky Martin
Todd Rutherford                   David Weeks
G. Murrell Smith                  Ralph Davenport
Richard Quinn
Alex Harvin    Douglas Jennings
John Scott

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. RICHARDSON a leave of absence for the day due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. R. SMITH a leave of absence for the remainder of the day to speak at a funeral.

LEAVE OF ABSENCE

The SPEAKER granted Rep. VAUGHN a leave of absence for the day due to illness in the family.

STATEMENT OF ATTENDANCE

Reps. RUTHERFORD and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and was present for the Session on Wednesday, April 30.


Printed Page 2919 . . . . . Thursday, May 1, 2003

DOCTOR OF THE DAY

Announcement was made that Dr. Beverly Simons of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. HINSON, GOURDINE, DANTZLER, MERRILL and UMPHLETT presented to the House the Timberland High School Wolves Boys Basketball Team, the 2003 Region 8-AAA State Champions, their coaches and other school officials.

CO-SPONSORS ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3780 (Word version)
Date:   ADD:
05/01/03   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 3891 (Word version)
Date:   ADD:
05/01/03   PINSON

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
05/01/03   ALTMAN


Printed Page 2920 . . . . . Thursday, May 1, 2003

CO-SPONSOR ADDED

Bill Number:   H. 4124 (Word version)
Date:   ADD:
05/01/03   CHELLIS

SENT TO THE SENATE

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

H. 4091 (Word version) -- Rep. Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, 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. 3839 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO INCLUDE ON THE UNIFORM TRAFFIC TICKET OFFENSES RELATING TO LIVESTOCK AND POULTRY.

H. 3950 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE


Printed Page 2921 . . . . . Thursday, May 1, 2003

AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS PERMITTING AND LICENSING AUTHORITY FOR AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE FOR CERTAIN LICENSES AND FEES, TO PROVIDE FOR REGULATION OF AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN COMMERCIAL AQUACULTURE IN THIS STATE EXCEPT AS PROVIDED IN THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-9-710, RELATING TO PAY PONDS AND PAY-TO-FISH BUSINESSES, SO AS TO PROVIDE THAT PATRONS OF COMMERCIAL FISHING LAKES AND PAY-TO-FISH BUSINESSES ARE EXEMPT FROM PURCHASING AN INDIVIDUAL ANNUAL LICENSE IF THE COMMERCIAL FISHING BUSINESS HAS A VALID AQUACULTURE PERMIT OR REGISTRATION; TO AMEND SECTION 50-13-280, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO AQUACULTURE PRODUCED FISH; TO AMEND SECTION 50-13-1130, RELATING TO COMMERCIAL FRESHWATER FISHING LICENSE REQUIRED WHEN TAKING CATFISH FROM PUBLIC WATERS, SO AS TO DELETE THE REFERENCE TO CATFISH AND PROVIDE THAT A PERSON TAKING FRESHWATER NONGAME FISH EXCEPT SHAD, HERRING, AND STURGEON FROM PUBLIC WATERS WHO SELLS OR OFFERS THEM FOR SALE MUST HAVE A COMMERCIAL FRESHWATER FISHING LICENSE, PROVIDING THAT A PERSON SELLING , OFFERING FOR SALE, OR POSSESSION OF FRESHWATER NONGAME FISH MUST HAVE CERTAIN INVOICES AND OTHER DOCUMENTATION SHOWING THE ORIGIN AND FROM WHERE THE FISH WERE PROCURED, AND PROVIDING PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-1610, RELATING TO THE UNLAWFUL SALE AND TRAFFIC OF CERTAIN GAME FISH, SO AS TO PROVIDE AN EXCEPTION TO CERTAIN FISH AS ALLOWED BY THIS ARTICLE, AND TO REVISE THE PENALTY PROVISIONS OF THIS SECTION; AND TO REPEAL ARTICLE 1, CHAPTER 18, TITLE 50, RELATING TO HYBRID STRIPED BASS, SECTION 50-13-510, RELATING TO CERTAIN POND OWNER PERMITS,

Printed Page 2922 . . . . . Thursday, May 1, 2003

SECTION 50-13-1620, RELATING TO PENALTIES FOR UNLAWFUL SELLING OF FRESHWATER TROUT, SECTION 50-13-1640, RELATING TO DRAWING PRIVATE PONDS AND DISPOSING OF FISH, SECTION 50-13-1650, RELATING TO UNLAWFUL TRANSPORTATION OF GAME FISH OUT-OF-STATE, SECTION 50-13-1680, RELATING TO THE SALE OF MARKED TROUT, SECTION 50-13-1690, RELATING TO INFORMATION REQUIRED TO BE MARKED ON TROUT BEFORE SALE, SECTION 50-13-1700, RELATING TO RETAIL MARKETS SHOWING THE ORIGIN OF TROUT, SECTION 50-13-1710, RELATING TO RESPONSIBILITY OF RETAIL MARKETS FOR CERTAIN VIOLATIONS INVOLVING TROUT, SECTION 50-13-1720, RELATING TO REPORTS ON TROUT SOLD OR IMPORTED INTO THE STATE, SECTION 50-13-1730, RELATING TO REGULATIONS ON SELLING AND SHIPPING TROUT, SECTION 50-13-1740, RELATING TO CERTAIN PENALTIES FOR VIOLATIONS RELATING TO SALE AND TRAFFIC IN TROUT, SECTION 50-13-1750, RELATING TO GAME FISH BREEDER'S LICENSES, AND SECTION 50-13-1760, RELATING TO SALES OF WHITE PERCH.

H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W. D. Smith, Viers, Herbkersman, M. A. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young, Hagood, Mahaffey, D. C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G. M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J. R. Smith, Rhoad, Anthony, Freeman, Scarborough, J. E. Smith, Loftis, Coates, Rivers, Ott, J. H. Neal, Dantzler, Moody-Lawrence, Huggins, Limehouse, Tripp, Edge, Quinn, Wilkins, Clyburn, Kirsh, Neilson, Davenport, Gilham, Thompson, McLeod and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.


Printed Page 2923 . . . . . Thursday, May 1, 2003

H. 3045 (Word version) -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND ITS DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.

H. 4092 (Word version) -- Rep. Ott: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY LOCATED AT 220 BYNUM STREET IN ST. MATTHEWS, SOUTH CAROLINA, TO THE TOWN OF ST. MATTHEWS.

H. 4118--DEBATE ADJOURNED

Rep. HAYES moved to adjourn debate upon the following Joint Resolution until Tuesday, May 6, which was adopted:

H. 4118 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ELEVEN MILL INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, AND ENDING JUNE 30, 2004.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution 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. 564 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, AND HUNTING METHODS OF WILDLIFE


Printed Page 2924 . . . . . Thursday, May 1, 2003

MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, SECTION 12, ACT 176 OF 1977.

H. 3831--POINT OF ORDER

The following Bill was taken up:

H. 3831 (Word version) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J. E. Smith, Talley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.

POINT OF ORDER

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

ORDERED TO THIRD READING

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

H. 3326 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT BY NATIVE AMERICAN TRIBES, SO AS TO DELETE CERTAIN REFERENCES TO TRIBAL UNITS.

Rep. LEACH explained the Bill.

S. 447 (Word version) -- Senators J. V. Smith, Alexander, Reese and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE


Printed Page 2925 . . . . . Thursday, May 1, 2003

ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.

Rep. LEACH explained the Bill.

S. 552 (Word version) -- Senator J. V. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2003 AND 2004, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-SIX DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS.

Rep. HARRELL explained the Joint Resolution.

S. 419 (Word version) -- Senators J. V. Smith, Fair, Hutto, McConnell, Moore, Rankin and Richardson: A BILL TO AMEND SECTION 44-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE EXEMPTION FOR OFFICES OF LICENSED PRIVATE PRACTITIONERS AND REQUIRE THAT A LICENSED PRIVATE PRACTITIONER OBTAIN A CERTIFICATE OF NEED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE UNDERTAKING CONSTRUCTION OR ESTABLISHMENT OF A NEW HEALTH CARE FACILITY OR ACQUIRING CERTAIN


Printed Page 2926 . . . . . Thursday, May 1, 2003

MEDICAL EQUIPMENT USED FOR DIAGNOSIS OR TREATMENT.

Rep. MACK explained the Bill.

H. 3326--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LEACH, with unanimous consent, it was ordered that H. 3326 (Word version) be read the third time tomorrow.

S. 447--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that S. 447 (Word version) be read the third time tomorrow.

S. 552--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRELL, with unanimous consent, it was ordered that S. 552 (Word version) be read the third time tomorrow.

S. 419--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that S. 419 (Word version) be read the third time tomorrow.

S. 107--POINT OF ORDER

The following Bill was taken up:

S. 107 (Word version) -- Senators Hayes, Ritchie and Ravenel: A BILL TO AMEND SECTION 6-4-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO ELEVEN, BY ADDING ONE MEMBER ON THE RECOMMENDATION OF THE SOUTH CAROLINA ARTS COMMISSION AND ONE MEMBER AT LARGE.

POINT OF ORDER

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


Printed Page 2927 . . . . . Thursday, May 1, 2003

S. 228--POINT OF ORDER

The following Bill was taken up:

S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.

Rep. SINCLAIR explained the Bill.


Printed Page 2928 . . . . . Thursday, May 1, 2003

POINT OF ORDER

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

S. 204--POINT OF ORDER

The following Bill was taken up:

S. 204 (Word version) -- Senators McConnell, Martin and Knotts: A BILL TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES, SO AS TO AUTHORIZE AN ADMINISTRATIVE LAW JUDGE TO USE MEDIATION AS PROVIDED IN THE SOUTH CAROLINA CIRCUIT COURT ALTERNATIVE DISPUTE RESOLUTION RULES; TO AMEND SECTION 6-29-800, RELATING TO THE POWERS OF A ZONING BOARD OF APPEALS, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-820, RELATING TO APPEAL FROM A ZONING BOARD OF APPEALS TO A CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-825, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A ZONING BOARD OF APPEALS DECISION; TO AMEND SECTION 6-29-830, RELATING TO THE NOTICE OF APPEAL FROM A ZONING BOARD OF APPEALS DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-840, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND


Printed Page 2929 . . . . . Thursday, May 1, 2003

SECTION 6-29-890, RELATING TO AN APPEAL TO A BOARD OF ARCHITECTURAL REVIEW, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-900, RELATING TO AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW TO THE CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-915, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION; TO AMEND SECTION 6-29-920, RELATING TO THE NOTICE OF APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-930, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-1150, RELATING TO AN APPEAL FROM A DECISION OF A PLANNING COMMISSION, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION THAT, WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET, AND THAT, IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-9-1155, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A PLANNING COMMISSION DECISION; AND TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING ARTICLE 9, SO AS TO PROVIDE EDUCATIONAL REQUIREMENTS FOR ZONING OFFICIALS AND EMPLOYEES AND TO CREATE AN

Printed Page 2930 . . . . . Thursday, May 1, 2003

ADVISORY COMMITTEE TO APPROVE COURSES FOR ORIENTATION AND CONTINUING EDUCATION PROGRAMS.

POINT OF ORDER

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

H. 3563--POINT OF ORDER

The following Bill was taken up:

H. 3563 (Word version) -- Rep. Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-1-100 SO AS TO PROVIDE THAT A STRAW THAT IS DISTRIBUTED IN A RESTAURANT OR ANOTHER PUBLIC PLACE MUST BE COVERED IN A WRAPPER.

POINT OF ORDER

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

S. 648--POINT OF ORDER

The following Joint Resolution was taken up:

S. 648 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 2825, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MACK explained the Joint Resolution.

POINT OF ORDER

Rep. RICE made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and


Printed Page 2931 . . . . . Thursday, May 1, 2003

title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3902--DEBATE ADJOURNED

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

H. 3902 (Word version) -- Reps. Witherspoon, Duncan, M. A. Pitts, Taylor and Umphlett: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER" TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS.

Rep. WITHERSPOON moved to adjourn debate on the Senate Amendments, which was agreed to.

H. 3722--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3722 (Word version) -- Reps. Jennings, Bales and Limehouse: A BILL TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VIDEOS, AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED.

Rep. SINCLAIR 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.


Printed Page 2932 . . . . . Thursday, May 1, 2003

H. 3303--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3303 (Word version) -- Reps. Duncan, M. A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 50-11-310(E) OF THE 1976 CODE, RELATING TO AREAS OF THE STATE WHERE IT IS NOT UNLAWFUL TO HUNT DEER ON SUNDAY, TO PROVIDE THAT IT IS NOT UNLAWFUL IN THIS STATE TO HUNT DEER ON SUNDAY ON PRIVATE LAND.

Rep. WITHERSPOON 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.

SENT TO THE SENATE

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

H. 3429 (Word version) -- Reps. Cotty and Cato: A BILL TO REPEAL SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESPONSIBILITIES OF LANDLORDS AND TENANTS FOR UTILITIES, WATER, SEWERAGE, AND GARBAGE SERVICES.

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,


Printed Page 2933 . . . . . Thursday, May 1, 2003

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.

H. 4008 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY ESTABLISH SERVICE CREDIT FOR SUCH SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-11-40, AS AMENDED, RELATING TO APPLICATIONS TO BECOME A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR


Printed Page 2934 . . . . . Thursday, May 1, 2003

WHAT CONSTITUTES "EARNED SERVICE" AND "EARNABLE COMPENSATION" FOR PURPOSES OF BENEFIT ELIGIBILITY; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE OF MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO FURTHER PROVIDE HOW AN ACTIVE MEMBER MAY ESTABLISH SERVICE CREDIT FOR SERVICE UNDER OTHER SPECIFIED RETIREMENT PROGRAMS; TO AMEND SECTION 9-20-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO REVISE OR ADD DEFINITIONS; TO AMEND SECTION 9-20-40, AS AMENDED, RELATING TO PARTICIPATION IN AND ELECTION OF RETIREMENT SYSTEMS IN WHICH TO PARTICIPATE AND THE CHANGING OF SYSTEMS, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS FOR PARTICIPATION IN THE STATE OPTIONAL RETIREMENT PROGRAM AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM OR PARTICIPATE CONCURRENTLY IN SUCH SYSTEMS; AND TO AMEND SECTION 9-20-60, AS AMENDED, RELATING TO GROUP LIFE INSURANCE BENEFITS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO DELETE RESTRICTIONS ON PAYING RETIREMENT BENEFITS FOR SERVICE IN CERTAIN OTHER RETIREMENT PROGRAMS.

H. 4086--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4086 (Word version) -- Reps. Duncan, Taylor, M. A. Pitts and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 56 IN LAURENS COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO THE ENOREE RIVER BRIDGE WHICH FORMS THE BOUNDARY BETWEEN LAURENS COUNTY AND SPARTANBURG COUNTY "DONNY WILDER HIGHWAY" AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS


Printed Page 2935 . . . . . Thursday, May 1, 2003

PORTION OF HIGHWAY CONTAINING THE WORDS "DONNY WILDER HIGHWAY".

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

That the members of the General Assembly of the State of South Carolina request the Department of Transportation to name the portion of South Carolina Highway 56 in Laurens County from its intersection with Interstate Highway 26 to the Enoree River Bridge which forms the boundary between Laurens County and Spartanburg County "Donny Wilder Highway" and to erect appropriate signs or markers along this portion of highway containing the words "Donny Wilder Highway".

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

The Concurrent Resolution was adopted and sent to the Senate.

H. 4102--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4102 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT EXITS 52 AND 57 ON INTERSTATE HIGHWAY 95 IN COLLETON COUNTY THAT CONTAIN THE WORDS "TUSKEEGEE AIRMEN MONUMENT" WHICH SHALL INDICATE THE DIRECTION TO THE TUSKEEGEE 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 General Assembly, by this resolution, request the Department of Transportation to erect appropriate signs at exits 52 and 57 on Interstate Highway 95 in Colleton County that contain the words "Tuskeegee Airmen Monument" and to erect additional signs to direct motorists to the monument from both exits.


Printed Page 2936 . . . . . Thursday, May 1, 2003

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

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

H. 3963--RECOMMITTED

The following Bill was taken up:

H. 3963 (Word version) -- Reps. Clemmons, Wilkins, Harrell, Harrison, Barfield, J. Brown, Cato, Edge, Keegan, Townsend, Viers and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-680 SO AS TO ALLOW A COUNTY BY ORDINANCE TO REQUIRE THE LISTING OF IMPROVEMENTS TO REAL PROPERTY WITH THE COUNTY AUDITOR WITHIN THIRTY DAYS FOLLOWING THE DAY ON WHICH THE IMPROVEMENTS ARE COMPLETED AND FIT FOR THE INTENDED USE AND PROVIDE EXCEPTIONS, TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES ON THE IMPROVED REAL PROPERTY FOR THE PROPERTY TAX YEAR THE PROPERTY IS LISTED, AND TO MAKE TAXES ATTRIBUTABLE TO IMPROVEMENTS LISTED AFTER JUNE 30 OF THE PROPERTY TAX YEAR DUE AND PAYABLE WHEN TAXES ARE DUE AND PAYABLE ON THE REAL PROPERTY FOR THE SUCCEEDING PROPERTY TAX YEAR.

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

H. 3986--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3986 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO


Printed Page 2937 . . . . . Thursday, May 1, 2003

AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO CLARIFY ON WHICH BASIS THE AMOUNT OF THE PRIZE IS CALCULATED AND PROVIDE FOR THE REGULATION OF PROMOTIONS CONDUCTED DURING A BINGO SESSION; AND TO AMEND SECTIONS 12-21-4020 AND 12-21-4120, BOTH AS AMENDED, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO RESPOND IN WRITING AND SPECIFY WHAT INFORMATION MUST BE INCLUDED IN THE RESPONSE.

Rep. COOPER proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\22130HTC03), which was adopted:
Amend the bill, as and if amended, by striking SECTION 6 in its entirety and renumbering.
Renumber sections to conform.
Amend title to conform.

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

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

Yeas 81; Nays 4

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
J. Brown               Cato                   Chellis
Clark                  Clemmons               Cobb-Hunter
Coleman                Cooper                 Cotty

Printed Page 2938 . . . . . Thursday, May 1, 2003

Davenport              Delleney               Duncan
Emory                  Freeman                Govan
Hagood                 Harrell                Haskins
Herbkersman            J. Hines               M. Hines
Hosey                  Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lourie                 Lucas                  Mahaffey
Martin                 McCraw                 McLeod
Merrill                Miller                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Sandifer               Simrill                Sinclair
Skelton                G. M. Smith            W. D. Smith
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Viers
Walker                 Weeks                  White
Wilkins                Witherspoon            Young

Total--81

Those who voted in the negative are:

Frye                   Gilham                 Rivers
Sheheen

Total--4

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

H. 3986--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. COOPER, with unanimous consent, it was ordered that H. 3986 (Word version) be read the third time tomorrow.


Printed Page 2939 . . . . . Thursday, May 1, 2003

H. 3962--RECOMMITTED

The following Bill was taken up:

H. 3962 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4215 AND 12-21-4217 SO AS TO PROVIDE AN APPLICATION PROCEDURE FOR THE MANUFACTURING OR DISTRIBUTION OF BINGO TICKETS AND ELECTRONIC DEVICES; TO AMEND SECTION 12-21-4060, RELATING TO THE PROHIBITION OF ALLOWING A PERSON CONVICTED OF CERTAIN CRIMES FROM MANAGING OR CONDUCTING A BINGO GAME, SO AS TO CHANGE THE CRIMES A PERSON MUST HAVE PLED GUILTY OR NOLO CONTENDERE TO A STATE OR FEDERAL CRIMINAL OFFENSE IN ORDER TO DISQUALIFY HIM FROM MANAGING OR CONDUCTING A BINGO GAME; TO AMEND SECTION 12-21-4160, RELATING TO THE INSPECTION OF BOOKS, PAPERS, RECORDS, MEMORANDA, OR OTHER THINGS BEARING UPON THE AMOUNT OF TAXES OR FEES WHICH ARE PAYABLE, SO AS TO PROHIBIT A BINGO CARD OR BINGO TICKET FROM BEING IN THE POSSESSION OF A DISTRIBUTOR, NONPROFIT ORGANIZATION, OR PROMOTER WITHOUT BEING AUTHORIZED BY THE DEPARTMENT AND DOES NOT BEAR THE SOUTH CAROLINA STATE SEAL AND DENOMINATION OF VALUE, AND PROVIDE PENALTIES FOR VIOLATION; AND TO AMEND SECTION 12-21-4260, RELATING TO THE BACKGROUND INVESTIGATION SUBMITTED BY A BINGO MANUFACTURER, DISTRIBUTOR, ORGANIZATION, OR PROMOTER, SO AS TO MAKE THIS SECTION SUBJECT TO THE PROVISIONS OF SECTION 12-21-4060.

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

H. 3903--REJECTED

The following Bill was taken up:

H. 3903 (Word version) -- Reps. Limehouse, Rutherford, Vaughn, Whipper, Scott, J. Brown, Cato, Edge, Hagood, Hamilton, Haskins, Leach, Sheheen, J. E. Smith, J. R. Smith, W. D. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR


Printed Page 2940 . . . . . Thursday, May 1, 2003

THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.

Rep. LIMEHOUSE explained the Bill.

POINT OF ORDER

Rep. OTT raised the Point of Order that H. 3903 was out of order under Code Section 2-77-76 in that a fiscal impact statement was required for the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. LIMEHOUSE continued speaking.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that H. 3903 was out of order under Code Section 2-77-76 in that a fiscal impact statement was required for the Bill.
SPEAKER WILKINS overruled the Point of Order.

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

Yeas 43; Nays 52

Those who voted in the affirmative are:

Anthony                Bailey                 Barfield
Battle                 Bowers                 Cato
Ceips                  Chellis                Clark
Coleman                Cooper                 Cotty
Delleney               Freeman                Gilham
Hagood                 Hamilton               Harrell
Herbkersman            Leach                  Limehouse
Littlejohn             Lucas                  McCraw
McGee                  McLeod                 Miller
Owens                  Phillips               Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Sheheen                Skelton
D. C. Smith            Snow                   Tripp

Printed Page 2941 . . . . . Thursday, May 1, 2003

Umphlett               Whitmire               Wilkins
Young

Total--43

Those who voted in the negative are:

Altman                 Bales                  Bingham
Branham                Clemmons               Cobb-Hunter
Davenport              Duncan                 Emory
Frye                   J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Loftis
Lourie                 Mack                   Mahaffey
Martin                 Merrill                Moody-Lawrence
J. M. Neal             Neilson                Ott
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Simrill                Sinclair               G. M. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Trotter                Viers
Walker                 Weeks                  White
Witherspoon

Total--52

So, the Bill was rejected.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

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

H. 4135 (Word version) -- Reps. J. E. Smith, 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,


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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, 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, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. 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 PROCLAIM MAY 2003 AS LICENSED CHILDCARE AND PROVIDER APPRECIATION MONTH IN SOUTH CAROLINA.

Whereas, quality childcare programs are essential to the development of our young people into productive citizens and future leaders; and

Whereas, for many children, childcare providers offer and maintain the child's first learning environment outside of the home; and

Whereas, of the twenty-one million children in America under the age of six, approximately thirteen million are in childcare at least part time and an additional twenty-four million school-age children are in some form of after-school care; and

Whereas, sixty-one percent of children under the age of six in South Carolina have working parents who rely on others to provide childcare and education; and

Whereas, there are some three thousand six hundred licensed childcare centers and family childcare facilities operating in our State, caring for and educating an estimated one hundred eighty-eight thousand South Carolina children; and

Whereas, licensed South Carolina childcare facilities employ more than thirteen thousand five hundred childcare professionals and


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generate more than three hundred fifty million dollars in business revenue for our State; and

Whereas, licensed childcare professionals throughout the Palmetto State are committed to providing nurturing learning environments that help children develop self-esteem, discipline, resourcefulness, respect, and responsibility; and

Whereas, the annual celebration of "Licensed Childcare and Provider Appreciation Month" is dedicated to raising awareness of the commitment of childcare professionals throughout South Carolina and the nation to the health and safety of the children in their care. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, do hereby proclaim May 2003 as "Licensed Childcare and Provider Appreciation Month" in South Carolina and encourage all South Carolinians to recognize the benefits quality childcare environments and professionals provide in preparing our young people for a bright and happy future.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4136 (Word version) -- Reps. D. C. Smith, J. R. Smith, Perry, Stewart, Clyburn and Clark: A CONCURRENT RESOLUTION TO EXTEND WARMEST REGARDS AND HEARTFELT CONGRATULATIONS TO MR. AND MRS. WILLIAM L. FELTY ON THE OCCASION OF THE CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO EXTEND TO THEM GOOD WISHES FOR CONTINUED SUCCESS AND HAPPINESS IN THE YEARS TO COME.

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


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INTRODUCTION OF BILLS

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

H. 4137 (Word version) -- Reps. Parks, M. A. Pitts and Breeland: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS, AND STAFFING, AND TO REPEAL JOINT RESOLUTION 378 OF 2002 RELATING TO A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4138 (Word version) -- Reps. Parks, M. A. Pitts and Breeland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-45 SO AS TO PROVIDE THAT THE TRAINING OFFICER FOR THE SOUTH CAROLINA DIVISION OF VETERAN'S AFFAIRS SHALL TRAIN AND GET ACCREDITED COUNTY PERSONNEL WITHIN THREE WEEKS OF THE TIME OF APPOINTMENT, AND THE STATE DIRECTOR SHALL SUBMIT REQUESTS FOR ACCREDITATION WITHIN THREE WORKING DAYS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4139 (Word version) -- Reps. Parks and Breeland: A BILL TO AMEND SECTION 56-3-1750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES AUTHORIZED FOR MEMBERS OF THE UNITED STATES MILITARY RESERVE, SO AS TO PROVIDE THAT ONE PLATE MAY BE ISSUED TO AN ACTIVE OR RETIRED RESERVIST FOR EACH PRIVATE PASSENGER MOTOR VEHICLE REGISTERED IN HIS NAME IN THIS STATE; TO AMEND SECTION 56-3-1760, RELATING TO THE DESIGN OF RESERVIST PLATES, SO AS TO REQUIRE THAT THE PLATE MUST BEAR THE INSIGNIA AND NAME OF THE BRANCH OF SERVICE OF WHICH THE ACTIVE OR RETIRED RESERVIST IS A MEMBER; TO AMEND SECTION 56-3-4310, AS AMENDED, RELATING TO SPECIAL LICENSE


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PLATES FOR RETIRED MEMBERS OF THE ARMED FORCES OF THE UNITED STATES, SO AS TO MAKE TECHNICAL CHANGES IN THE LANGUAGE OF THE SECTION; AND TO AMEND SECTION 56-3-4320, RELATING TO THE DESIGN OF RETIRED MILITARY PLATES, SO AS TO REQUIRE THAT THE PLATE MUST BEAR THE INSIGNIA AND NAME OF THE BRANCH OF SERVICE FROM WHICH THE MEMBER IS RETIRED.
Referred to Committee on Education and Public Works

H. 4140 (Word version) -- Reps. Parks, M. A. Pitts and Breeland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-70 SO AS TO PROVIDE FOR FUNDING OF COUNTY VETERANS AFFAIRS OFFICES FROM APPROPRIATED MONIES DIRECTLY PAYABLE FROM THE STATE TREASURER TO EACH COUNTY OFFICE INSTEAD OF THROUGH THE OFFICE OF THE GOVERNOR.
Referred to Committee on Ways and Means

H. 4141 (Word version) -- Reps. Parks, M. A. Pitts and Breeland: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO THE PAYMENT OF AD VALOREM TAXES, SO AS TO PROVIDE THAT ONE VEHICLE OF A SURVIVING SPOUSE OF A VETERAN CLASSIFIED AS TOTALLY AND PERMANENTLY DISABLED DUE TO A SERVICE-CONNECTED DISABILITY IS EXEMPT FROM AD VALOREM TAXES FOR THE LIFETIME OR REMARRIAGE OF THE SURVIVING SPOUSE.
Referred to Committee on Ways and Means

H. 4142 (Word version) -- Reps. Parks and Breeland: A BILL TO AMEND SECTION 56-3-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO DISABLED VETERANS, SO AS TO PROVIDE THAT ALL LICENSE PLATES ISSUED PURSUANT TO THIS SECTION SHALL ALSO INCLUDE THE DISTINGUISHING SYMBOL USED ON LICENSE PLATES TO INDICATE THAT THE VEHICLE IT IS ASSIGNED TO MAY BE PARKED IN A METERED OR TIMED PARKING PLACE WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; TO AMEND SECTION 56-3-3310, AS AMENDED, RELATING TO THE ISSUANCE OF


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SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO PROVIDE THAT THE LICENSE PLATES MAY BE ISSUED TO A RECIPIENT OF THE PURPLE HEART DUE TO HOSTILE FIRE, AND TO PROVIDE THAT LICENSE PLATES MUST BE ISSUED AT NO FEE; AND TO AMEND SECTION 56-3-3320, AS AMENDED, RELATING TO THE DESIGN OF THE SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART AND CERTAIN PURPLE HEART RECIPIENTS WHO ARE ELIGIBLE TO OBTAIN FREE PARKING PRIVILEGES, SO AS TO PROVIDE THAT THE LICENSE PLATES ISSUED PURSUANT TO THIS SECTION SHALL ALSO INCLUDE THE DISTINGUISHING SYMBOL USED ON LICENSE PLATES TO INDICATE THAT THE VEHICLE IT IS ASSIGNED TO MAY BE PARKED IN A METERED OR TIMED PARKING PLACE WITHOUT BEING SUBJECT TO PARKING FEES OR FINES.
Referred to Committee on Education and Public Works

H. 4143 (Word version) -- Reps. Parks, M. A. Pitts and Breeland: A BILL TO AMEND SECTION 25-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELATIONS OF THE DIRECTOR OF DIVISION OF VETERANS' AFFAIRS AND COUNTY VETERANS' AFFAIRS OFFICERS, SO AS TO PROVIDE THAT THE DIRECTOR OF VETERANS' AFFAIRS SHALL COORDINATE THE ADMINISTRATION OF VETERANS' AFFAIRS RELATING TO VETERANS IN THIS STATE WITH THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS AND FEDERAL VETERANS' AFFAIRS REGIONAL OFFICES SO AS TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER, AND PROVIDE THAT THE DIRECTOR SHALL ENSURE THAT ALL CASE FILE PAPERWORK SUBMITTED BY A COUNTY TO THE FEDERAL VETERANS' AFFAIRS REGIONAL OFFICE BE SENT BACK TO THE COUNTY VETERANS' AFFAIRS OFFICER HAVING POWER OF ATTORNEY FOR THE VETERAN RATHER THAN TO THE DIVISION OF VETERANS' AFFAIRS AT THE STATE LEVEL.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4144 (Word version) -- Reps. Parks and Breeland: A JOINT RESOLUTION TO CREATE THE VETERANS OF ALL WARS MEMORIAL MONUMENT COMMISSION AND TO PROVIDE FOR THE


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COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Referred to Committee on Ways and Means

H. 4145 (Word version) -- Reps. Parks, Whipper, Scott, Neilson, Moody-Lawrence, Allen, Bales, Barfield, Battle, Bingham, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Clyburn, Cobb-Hunter, Davenport, Duncan, Emory, Freeman, Frye, Gourdine, Govan, Harrison, Hayes, Herbkersman, M. Hines, Hosey, Howard, Huggins, Kennedy, Limehouse, Lloyd, Mack, Martin, McLeod, Miller, J. H. Neal, J. M. Neal, Ott, Pinson, E. H. Pitts, M. A. Pitts, Rivers, Rutherford, Simrill, J. E. Smith, Taylor, Thompson, Toole, Townsend, Weeks, White and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 22, CHAPTER 1 TO TITLE 1 SO AS TO REQUIRE, UPON EXECUTIVE ORDER OF THE GOVERNOR, THE POW/MIA FLAG TO BE FLOWN AT SOUTH CAROLINA REST AREAS AND AT OTHER LOCATIONS THAT THE GOVERNOR MAY ORDER WHEN THE UNITED STATES IS ENGAGED IN WARTIME MILITARY OPERATIONS AND MEMBERS OF THE ARMED FORCES ARE PRISONERS OF WAR OR MISSING IN ACTION, ON CERTAIN NATIONAL HOLIDAYS, AND AT OTHER TIMES AS THE GOVERNOR MAY ORDER.
Referred to Committee on Judiciary

H. 4146 (Word version) -- Reps. Hamilton, Leach and Limehouse: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF HARASSMENT AND STALKING, SO AS TO PROVIDE THAT HARASSMENT INCLUDES UNLAWFULLY DIRECTING OR FOCUSING A DIGITAL, ELECTRONIC, LASER, HEAT-SEEKING, NOISE-MAKING, LISTENING, OR OTHER ELECTRONIC OR MECHANICAL DEVICE ON ANOTHER PERSON, HIS DWELLING, OR ANY OTHER PLACE WHERE THE TARGETED PERSON SEEKS SECLUSION FROM PUBLIC VIEW OR HAS A REASONABLE EXPECTATION OF PRIVACY, AND THE DEFINE "VIDEO VOYEURISM", AND "ROUTINE IMAGING OR VIDEO MONITORING FOR SECURITY PURPOSES", "SURVEILLANCE", "PRIVACY", "PERSONAL SPACE", AND "INVADE"; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-3-1735 SO AS


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TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN VIDEO VOYEURISM, TO PROVIDE FOR CERTAIN EXCEPTIONS TO THE APPLICATION OF THIS SECTION, TO PROVIDE THAT THE PROVISIONS OF SECTIONS 16-3-1740 THROUGH 16-3-1840 ARE APPLICABLE IN SITUATIONS AND CASES INVOLVING VIDEO VOYEURISM IN LIKE MANNER AND TO THE SAME EXTENT THEY ARE APPLICABLE IN SITUATIONS AND CASES OF HARASSMENT, STALKING, OR AGGRAVATED STALKING, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Judiciary

H. 4147 (Word version) -- Reps. Hamilton and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-226 SO AS TO ALLOW MARRIED INDIVIDUALS WHO OWN A RESIDENCE OTHER THAN THEIR LEGAL RESIDENCE TO HAVE AN ASSESSMENT RATIO FOR PROPERTY FOR TAX PURPOSES EQUAL TO FOUR PERCENT OF FAIR MARKET VALUE OF THE RESIDENCE AND TO PROVIDE THAT ON THE DEATH OF A SPOUSE THAT THIS RESIDENCE KEEPS THE FOUR PERCENT ASSESSMENT RATIO IF BY WILL OR OPERATION OF LAW THE RESIDENCE BECOMES THE PROPERTY OF THE SURVIVING SPOUSE.
Referred to Committee on Ways and Means

H. 4148 (Word version) -- Reps. Davenport and Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-427 SO AS TO DEFINE THE TERMS "VIOLENT VIDEO OR VIOLENT COMPUTER GAME", AND TO PROVIDE THAT A PERSON WHO SELLS, RENTS, OR PERMITS TO BE SOLD OR RENTED A VIOLENT VIDEO OR VIOLENT COMPUTER GAME IS GUILTY OF A MISDEMEANOR AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary

H. 4149 (Word version) -- Rep. Anthony: A BILL TO AMEND SECTION 7-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN UNION COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN UNION COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE


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PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. ANTHONY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3990--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

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

H. 3990 (Word version) -- Reps. Limehouse, Hagood, Breeland, Ceips, Hamilton, Harrell, Mack and Scarborough: A BILL TO AMEND ARTICLE 62, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARTIFICIAL REEF SPECIAL LICENSE PLATE, SO AS TO RENAME IT THE 'SALTWATER FISHING' SPECIAL LICENSE PLATE, AND PROVIDE THAT THE PORTION OF THE PROCEEDS COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE THAT WAS USED TO SUPPORT ARTIFICIAL REEF DEVELOPMENT, MAINTENANCE, AND MANAGEMENT MUST BE USED TO MANAGE AND CONSERVE THE MARINE RESOURCES OF THIS STATE.

H. 3902--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3902 (Word version) -- Reps. Witherspoon, Duncan, M. A. Pitts, Taylor and Umphlett: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER" TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS.

Rep. WITHERSPOON explained the Senate Amendments.


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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.

MOTION NOTED

Rep. MERRILL moved to reconsider the vote whereby H. 3903 (Word version) was rejected and the motion was noted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4011 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, 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, 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, Sheheen, 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, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MAY 6-12, 2003, AS NURSES WEEK IN SOUTH CAROLINA AND TO COMMEND REGISTERED NURSING'S ACCOMPLISHMENTS AND EFFORTS TO IMPROVE OUR HEALTH CARE SYSTEM AND SHOW OUR APPRECIATION FOR THE STATE AND NATION'S REGISTERED NURSES NOT JUST DURING THIS WEEK, BUT AT EVERY OPPORTUNITY THROUGHOUT THE YEAR.


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H. 4012 (Word version) -- Reps. Rutherford, 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, 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, Sandifer, Scarborough, Scott, Sheheen, 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, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE LEROY MOSS OF RICHLAND COUNTY FOR HIS COMMITMENT TO THE EAU CLAIRE COMMUNITY AND OUTSTANDING VOLUNTEERISM, AND TO WISH HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

H. 4029 (Word version) -- Reps. Witherspoon, Barfield, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES MAPLE SWAMP ALONG SOUTH CAROLINA HIGHWAY 65 IN HORRY COUNTY "JAMES E. FLEMING BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "JAMES E. FLEMING BRIDGE."

H. 4128 (Word version) -- Reps. Martin, Ceips, Cobb-Hunter, Gilham, Haskins, Hinson, Miller, Moody-Lawrence, Neilson, Parks, G. M. Smith and Young: A CONCURRENT RESOLUTION TO COMMEND THE WOMEN WHO PROUDLY SERVE IN THE UNITED STATES ARMED FORCES FOR THEIR COURAGE, COMMITMENT, AND BRAVERY AS THEY DEFEND THE UNITED STATES IN OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM, AND TO RECOGNIZE THESE HEROINES FOR


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THEIR SERVICE AT THE MANY MILITARY INSTALLATIONS AROUND THE WORLD.

H. 4129 (Word version) -- Reps. Martin, Miller, Neilson, Ceips, Cobb-Hunter, Freeman, Gilham, Haskins, Hinson, Moody-Lawrence, Parks, G. M. Smith and Young: A CONCURRENT RESOLUTION TO COMMEND CAPTAIN KIM "KILLER CHICK" CAMPBELL, UNITED STATES AIR FORCE, FOR HER TREMENDOUS COURAGE, TENACITY, AND BRAVERY DISPLAYED OVER BAGHDAD, IRAQ, WHEN HER A-10 "WARTHOG" WAS HIT AND SEVERELY DAMAGED BY IRAQI GROUND AND ANTI-AIRCRAFT FIRE, TO CONGRATULATE HER ON SUCCESSFULLY COMPLETING HER MISSION OF PROVIDING CLOSE AIR SUPPORT FOR GROUND TROOPS THEN ENGAGED WITH ENEMY IRREGULAR AND IRAQI FORCES AND RETURNING HER CRIPPLED A-10 "WARTHOG" TO BASE AND A SAFE LANDING AFTER HER HYDRAULIC CONTROLS WERE SHOT AWAY, AND TO WISH HER EVERY SUCCESS IN HER MILITARY CAREER AND IN ALL OF HER FUTURE ENDEAVORS.

ADJOURNMENT

At 11:20 a.m. the House, in accordance with the motion of Rep. BOWERS, adjourned in memory of former Senator and House member J. P. Harrelson of Colleton County, to meet at 10:00 a.m. tomorrow.

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