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


Printed Page 3361 . . . . . Wednesday, May 21, 2003

Wednesday, May 21, 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 68:19: "Praise be to the Lord, to God our Savior, who daily bears our burdens."
Let us pray. Lord God, You taught the hearts of Your faithful people by sending Your spirit. Grant that we, by Your spirit, may have a right judgement in all things and rejoice in Your counsel. Bless this body and the staff who faithfully serve this State. Give strength to our President and protect our troops. 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 Steve McCrae, which was agreed to.

REGULATION WITHDRAWN

Document No. 2823
Agency: Department of Insurance
Statutory Authority: 1976 Code Section 38-79-430
South Carolina Patients' Compensation Fund
Received by Speaker of the House of Representatives
March 5, 2003
Referred to Labor, Commerce and Industry Committee
Withdrawn March 14, 2003


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S. 342--NONCONCURRENCE IN SENATE AMENDMENTS

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

S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.

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

REPORTS OF STANDING COMMITTEES

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

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.
Ordered for consideration tomorrow.

Rep. GILHAM, from the Beaufort Delegation, submitted a favorable report on:

S. 678 (Word version) -- Senator Richardson: A BILL TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO PROVIDE FOR THE ELECTION INSTEAD OF THE APPOINTMENT OF ITS COMMISSIONERS.
Ordered for consideration tomorrow.


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

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

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

H. 4075 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTIONS 38-90-10, 38-90-20, 38-90-40, 38-90-50, 38-90-60, 38-90-140, ALL AS AMENDED, AND SECTION 38-90-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO, AMONG OTHER THINGS, AUTHORIZE CAPTIVE INSURANCE COMPANIES TO FORM AS LIMITED LIABILITY COMPANIES; TO IMPOSE A FEE FOR THE USE OF INTERNAL RESOURCES TO EXAMINE AND INVESTIGATE APPLICATIONS FOR LICENSURE; TO INCREASE THE ANNUAL RENEWAL LICENSE FEE; TO ADD A FEE TO RECOVER REASONABLE COSTS OF PROCESSING CERTIFICATIONS; AND TO LIMIT PREMIUM TAXES TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR DIRECT PREMIUM AND ASSUMED REINSURANCE PREMIUMS.
Ordered for consideration tomorrow.


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

H. 4018 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" AND "PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; AND TO ADD SECTIONS 42-1-330 AND 42-1-340 SO AS AUTHORIZE A PROFESSIONAL SPORTS TEAM PLAYER TO EXEMPT HIMSELF FROM THE WORKERS' COMPENSATION LAW UPON GIVING PROPER NOTICE AND TO PROVIDE FOR THE FORM AND THE MANNER IN WHICH THE NOTICE MUST BE GIVEN.
Ordered for consideration tomorrow.

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

S. 414 (Word version) -- Senator Grooms: 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 PRELICENSING 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.
Ordered for consideration tomorrow.

Rep. KIRSH, from the York Delegation, submitted a favorable report on:

S. 691 (Word version) -- Senator Hayes: A JOINT RESOLUTION AUTHORIZING THE BOARD OF TRUSTEES OF ALL YORK COUNTY SCHOOL DISTRICTS TO IMPOSE AN ADDITIONAL PROPERTY TAX NOT TO EXCEED FOUR MILLS FOR FISCAL YEAR 2003-2004.
Ordered for consideration tomorrow.


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CONCURRENT RESOLUTION

The following was introduced:

H. 4243 (Word version) -- Reps. Huggins and McLeod: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHAPIN HIGH SCHOOL "EAGLES" AND THEIR COACH, DICK HILLER, ON WINNING THE 2003 CLASS AA BOYS' SOCCER CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

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

HOUSE RESOLUTION

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

H. 4244 (Word version) -- Reps. Huggins and McLeod: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE PLAYERS, COACHES, AND STAFF OF THE CHAPIN HIGH SCHOOL BOYS' SOCCER TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF CONGRATULATING THEM FOR WINNING THE 2003 CLASS AA BOYS' SOCCER CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and staff of the Chapin High School Boys' Soccer Team at a date and time to be determined by the Speaker for the purpose of congratulating them for winning the 2003 Class AA Boys' Soccer Championship.

The Resolution was adopted.


Printed Page 3366 . . . . . Wednesday, May 21, 2003

CONCURRENT RESOLUTION

The following was introduced:

H. 4245 (Word version) -- Reps. Govan, Rhoad, Cobb-Hunter, Hosey and Ott: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE UNIVERSITY "BULLDOGS" MEN'S BASKETBALL TEAM FOR THEIR MANY ACCOMPLISHMENTS DURING THEIR OUTSTANDING 2002-2003 SEASON, AND TO RECOGNIZE HEAD COACH CY ALEXANDER AND HIS STAFF FOR AN EXCEPTIONAL SEASON.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 708 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO EXTEND WARMEST REGARDS AND HEARTFELT CONGRATULATIONS TO MRS. ETHEL ALFORD WHO TURNED NINETY YEARS OF AGE ON MARCH 29, 2003, AND WHO WILL BE HONORED ON THE OCCASION OF THE WILLIAMS FAMILY REUNION IN THE GREAT CITY OF BENNETTSVILLE, ON MAY 23-25, 2003, AND TO EXTEND TO HER CONGRATULATIONS AND GOOD WISHES FOR CONTINUED HAPPINESS AND GOOD HEALTH IN THE YEARS TO COME.

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

INTRODUCTION OF BILLS

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

H. 4246 (Word version) -- Rep. Edge: A BILL TO AMEND ARTICLE 3, CHAPTER 59, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING OF HOME INSPECTORS, SO AS TO CONFORM THE ARTICLE TO THE AMERICAN SOCIETY OF HOME INSPECTORS MODEL HOME INSPECTOR LICENSING LEGISLATION, DEFINE CERTAIN TERMS, CREATE THE HOME INSPECTOR LICENSING BOARD


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AND PROVIDE FOR ITS POWERS AND DUTIES, PROVIDE THE CRITERIA TO BE LICENSED AS A HOME INSPECTOR AND WHAT MUST BE INCLUDED IN A HOME INSPECTION, PROVIDE DUTIES A HOME INSPECTOR IS REQUIRED TO PERFORM AND IS NOT REQUIRED TO PERFORM, ALLOW FOR RECIPROCITY OF LICENSURE, ALLOW THE BOARD TO PROMULGATE REGULATIONS, PROVIDE A FEE FOR LICENSURE, PROVIDE THE PROCEDURE FOR HANDLING A COMPLAINT AGAINST A HOME INSPECTOR, PROVIDE A STATUTE OF LIMITATIONS ON AN ACTION THAT A CLIENT MAY BRING AGAINST A HOME INSPECTOR, AND PROVIDE PENALTIES.
Referred to Committee on Labor, Commerce and Industry

H. 4247 (Word version) -- Rep. Rutherford: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 SO AS TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE ABOVE REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4248 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOL APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2793, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4249 (Word version) -- Reps. Bowers, Lloyd and R. Brown: A JOINT RESOLUTION TO ALLOW A COUNTY IN WHICH VALUES ATTRIBUTABLE TO A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM CONDUCTED IN 2001 FOR IMPLEMENTATION IN 2002 AN ADDITIONAL ONE-YEAR DELAY IN IMPLEMENTING THE


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REASSESSED VALUES BEYOND THE ONE-YEAR DELAY ALLOWED BY LAW.
Referred to Committee on Ways and Means

H. 4250 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2820, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

HOUSE RESOLUTION

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

H. 4251 (Word version) -- Reps. Huggins, E. H. Pitts and Quinn: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE IRMO HIGH SCHOOL YELLOW JACKETS BOYS' VARSITY SOCCER TEAM, ITS COACHES, AND OTHER SCHOOL OFFICIALS ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2003 CLASS AAAA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Irmo High School Yellow Jackets Boys' Varsity Soccer Team, its coaches, and other school officials on a date and time to be determined by the Speaker for the purpose of being recognized for winning the 2003 Class AAAA State Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4252 (Word version) -- Reps. Huggins, E. H. Pitts and Quinn: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE


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IRMO HIGH SCHOOL YELLOW JACKETS BOYS' VARSITY SOCCER TEAM FOR WINNING THE 2003 CLASS AAAA STATE CHAMPIONSHIP, AND TO WISH THEM CONTINUED ATHLETIC AND ACADEMIC SUCCESS.

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

HOUSE RESOLUTION

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

H. 4253 (Word version) -- Rep. Taylor: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS, COACHES, AND OTHER OFFICIALS OF THE HILLCREST HIGH SCHOOL SOFTBALL TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE 2003 CLASS AAAA STATE SOFTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the members, coaches, and other officials of the Hillcrest High School Softball Team, at a date and time to be determined by the Speaker, for the purpose of recognizing them for winning the 2003 Class AAAA State Softball Championship.

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               Coates                 Cobb-Hunter

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Coleman                Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Govan                  Hamilton               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                 J. M. Neal
Neilson                Ott                    Owens
Parks                  Phillips               E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Richardson             Rivers                 Sandifer
Scarborough            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
Tripp                  Umphlett               Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 21.

Douglas Jennings                  William Clyburn
Robert Harrell                    Todd Rutherford
John Scott                        Lewis E. Pinson
Ralph Davenport                   Alex Harvin


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Joseph Neal                       Skipper Perry
William Witherspoon
Lewis Vaughn   Ronald Townsend
Bessie Moody-Lawrence

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. HAGOOD a leave of absence to attend a funeral of a family member out of state.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep.VAUGHN a leave of absence for Tuesday, May 20 due to an illness in the family.

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, May 20.

DOCTOR OF THE DAY

Announcement was made that Dr. William Hester of Florence is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. LOURIE presented to the House the Richland Northeast High School Model United Nations Team for winning their fourteenth international championship and their sponsor-adviser.

SPECIAL PRESENTATION

Rep. LOURIE presented to the House the Richland Northeast High School "Cavaliers" Boys Tennis Team, the 2003 Class AAAA Tennis Champions and their coach.


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SPECIAL PRESENTATION

Rep. PHILLIPS presented to the House the Gaffney High School "Indians" Golf Team, the 2003 Class AAAA State Champions, their coach and other school officials.

SPECIAL PRESENTATION

Reps. HUGGINS, E. H. PITTS and QUINN presented to the House the Irmo High School Yellow Jackets Boys Varsity Soccer Team, the 2003 Class AAAA State Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Reps. HUGGINS and MCLEOD presented to the House the Chapin High School Boys Soccer Team, the 2003 Class AA State Champions, their coach and other school officials.

SPECIAL PRESENTATION

Rep. TAYLOR and the Greenville Delegation presented to the House the Hillcrest High School Softball Team, the 2003 Class AAAA State Champions, their coaches and other school officials.

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."


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CO-SPONSOR ADDED

Bill Number:   H. 4048 (Word version)
Date:   ADD:
05/21/03   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 3612 (Word version)
Date:   ADD:
05/21/03   MCLEOD

CO-SPONSOR REMOVED

Bill Number:   H. 3863 (Word version)
Date:   REMOVE:
05/21/03   OWENS

SENT TO THE SENATE

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

H. 4220 (Word version) -- Reps. Clemmons, Barfield, Keegan, Viers and Witherspoon: A BILL TO ALLOW THE GOVERNING BODY OF HORRY COUNTY BY ORDINANCE TO REQUIRE THE LISTING OF STRUCTURAL IMPROVEMENTS AND ANY RESULTING CHANGES IN USE FOR REAL PROPERTY WITHIN THIRTY DAYS FOLLOWING THE DAY ON WHICH THE IMPROVEMENTS ARE COMPLETED AND FIT FOR THE INTENDED USE AND PROVIDE EXCEPTIONS, 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 PROPERTY FOR THE SUCCEEDING PROPERTY TAX YEAR.

H. 3281 (Word version) -- Rep. Townsend: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.


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H. 3355 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 3 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

H. 4007 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-82 SO AS TO SPECIFY CERTAIN FUNCTIONS AND PROCEDURES THAT MAY NOT BE DELEGATED TO DENTAL HYGIENISTS; TO AMEND SECTION 40-15-85, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE LICENSURE AND REGULATION OF DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE THE DEFINITION OF "GENERAL SUPERVISION" AND TO DEFINE "AUTHORIZED"; BY ADDING SECTION 40-15-102 SO AS TO SPECIFY CERTAIN FUNCTIONS THAT A DENTAL HYGIENIST MAY ONLY PERFORM UNDER GENERAL SUPERVISION; AND TO AMEND SECTION 40-15-110, RELATING TO CERTAIN EXEMPTIONS FROM THE REQUIREMENTS OF CHAPTER 15, TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE PROVISIONS PERTAINING TO DENTAL HYGIENISTS PROVIDING SERVICES IN A PUBLIC HEALTH SETTING.

H. 3909 (Word version) -- Reps. Lucas and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.


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H. 4120 (Word version) -- Reps. Neilson, Bales, Emory, Freeman, Hagood, Harrell, Kirsh, Koon, Mahaffey, Snow and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-191 SO AS TO PROVIDE THAT ALL STATE AGENCIES SENDING MAIL TO OTHER STATE AGENCIES OR TO STATE EMPLOYEES OUTSIDE THAT AGENCY ARE REQUIRED TO USE INTERAGENCY MAIL DELIVERY SERVICES OF THE AGENCY MAIL PROGRAM ADMINISTERED BY THE BUDGET AND CONTROL BOARD, AND TO PROVIDE EXCEPTIONS.

S. 10--POINT OF ORDER

The following Bill was taken up:

S. 10 (Word version) -- Senators Ravenel, Mescher and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2004 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.

Rep. ALTMAN moved cloture on the entire matter, which was agreed to by a division of 7 to 5.

POINT OF ORDER

Rep. BREELAND 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 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. 550 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE AND THE STATE TREASURER'S OFFICE TO ADJUST MISALLOCATIONS OF


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LOCAL OPTION SALES TAX REVENUE COLLECTIONS AND DISTRIBUTIONS IN FISCAL YEAR 2001-2002 DURING THE SUCCEEDING TWO FISCAL YEARS FOR THE PURPOSE OF PROVIDING A ONETIME CORRECTED BASE FOR THE USE OF THE STATE TREASURER'S OFFICE IN CALCULATING FUTURE DISTRIBUTIONS AND PROVIDE THE MANNER IN WHICH THE STATE TREASURER'S OFFICE SHALL USE THE ADJUSTED AMOUNT FOR FUTURE DISTRIBUTIONS.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.

S. 581 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO NAME THE NEW NATIONAL GUARD ARMORY LOCATED ON THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS THE "DARWIN H. SIMPSON UNIVERSITY READINESS CENTER" IN RECOGNITION OF MAJOR GENERAL SIMPSON'S PASSIONATE PURSUIT AND TIRELESS EFFORTS IN THE CREATION, FUNDING, AND IMPLEMENTATION OF THIS IMPORTANT NATIONAL GUARD ARMORY.

S. 560--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes and Setzler: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION


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DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.

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The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22181HTC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   (A)   This section may be cited as the South Carolina Life Sciences Act.

(B)   For purposes of this section, a "life sciences facility" means a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development. Included in this definition are the following North American Industrial Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government:

(1)   3254 Pharmaceutical and Medical Manufacturing;

(2)   334516 Analytical Laboratory Instrument Manufacturing.

(C)(1)   For all purposes of Chapter 10, Title 12 of the 1976 Code, the Enterprise Zone Act of 1995, including all definitions applicable to that chapter:

(a)   Employee relocation expenses that qualify for reimbursement pursuant to Section 12-10-80(C)(3)(f) of the 1976 Code include such expenses associated with a new or expanded life sciences facility investing a minimum of one hundred million dollars in the project, as defined in Section 12-10-30(8) of the 1976 Code, and creating at least two hundred new full-time jobs at the project with an average annual cash compensation of at least one hundred fifty percent of annual per capita income in this State or the county in which the facility is located, whichever is less. Per capita income must be determined using the most recent per capita income data available as of the end of the taxable year in which the jobs are filled.

(b)   The waiver that may be approved by the Coordinating Council for Economic Development pursuant to Section 12-10-80(D)(2) of the 1976 Code on maximum job development credits that may be claimed also may be approved for a life sciences facility meeting the requirements of subitem (a) of this subsection. In determining whether to approve a waiver for such a facility, the Coordinating Council for Economic Development shall consider the creditworthiness of the business and economic viability of the project, as defined in Section 12-10-30(8) of the 1976 Code.

(2)   The provisions of item (1) of this subsection apply with respect to capital investment made and new jobs created after June 30, 2004, and before July 1, 2008.


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(D)   In the case of a taxpayer establishing a life sciences facility meeting the requirements of subsection (C)(1)(a) of this section, the South Carolina Department of Revenue, in its discretion, may enter into an agreement with the taxpayer pursuant to Section 12-6-2320 of the 1976 Code for a period not to exceed fifteen years if the facility otherwise meets the requirements of that section.
SECTION   2.   A.   Section 12-37-930(34) of the 1976 Code, as last amended by Section 3(Q)2, Act 399 of 2000, is further amended to read:

"34.   Use of Clean Rooms ............... 10% 15%

A manufacturer who uses a Class 100 or better clean room, as that term is defined in Federal Standard 209E, in manufacturing its product may elect an annual allowance for depreciation for property tax purposes of ten fifteen percent on clean room modules and associated mechanical systems, and on process piping, wiring environmental systems, and water purification systems associated with the clean room instead of a depreciation allowance for which the manufacturer otherwise is entitled. Included are waffle flooring, wall and ceiling panels, foundation improvements that isolate the clean room to control vibrations, clean air handling and filtration systems, piping systems for fluids and gases used in the manufacturing process and in the clean room that touch the product during the process, flat panel displays, and liquid crystal displays, process equipment energy control systems, ultra pure water processing and wastewater recycling systems, and safety alarm and monitoring systems.

35.   Life sciences............................. 20%

Includes machinery and equipment used directly in the manufacturing process by a life sciences facility. For purposes of this item, life sciences facility means a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development that invests a minimum of one hundred million dollars in the project, as defined in Section 12-10-30(8), and creates at least two hundred new full-time jobs at the project with an average cash compensation level of at least one hundred fifty percent of the annual per capita income in this State or the county in which the facility is located, whichever is less. Per capita income must be determined using the most recent per capita income data available as of the end of the taxable year in which the jobs are filled. Included in this definition are the following North American Industrial Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government:


Printed Page 3380 . . . . . Wednesday, May 21, 2003

(i)     3254 Pharmaceutical and Medical Manufacturing;

(ii)   334516 Analytical Laboratory Instrument Manufacturing."
B.   In the case of machinery and equipment otherwise eligible for the depreciation allowed pursuant to Section 12-37-930 of the 1976 Code, as amended in subsection A of this section, if the project with which the machinery and equipment is associated is the subject of an inducement agreement between the project sponsor and the county, the initial inducement agreement must have been entered into between these parties after September 1, 2003.
SECTION   3. A. Chapter 41, Title 11 of the 1976 Code, is amended by adding:

"Section 11-41-45.   No economic development bonds shall be issued pursuant to this chapter to defray the cost of research and development facilities unless the research university that shall own the research and development facilities demonstrates to the secretary that it has available funds which shall be applied to defray the cost of the research and development facilities in an amount equal to one-half of the principal amount of the economic development bonds. The matching funds required under this section must be made available as the secretary determines."
B.   Section 11-41-20(3) of the 1976 Code, as added by Act 254 of 2002, is amended to read:

"(3)   In order to foster economic development and to encourage the creation of high-paying jobs in the life sciences industry and to encourage the creation of research and development facilities for life sciences at research universities within the State, it is in the best interests of the State that the limitation on general obligation debt imposed by Article X, Section 13(6)(c) be increased to five and one-half percent with the additional debt service capacity available at any time as a consequence of the increase available only for the repayment of general obligation bonds issued to provide infrastructure required for significant economic development projects within the State, including those related to the life sciences industry that create high-paying jobs and meet certain investment criteria and to provide for the creation of research and development facilities within the limitations provided in this chapter; and that a designated principal amount of general obligation bonds issued pursuant to the existing debt limit and the debt limit as increased by this section be provided additional constitutional authorization pursuant to Article X, Section 13(5) of the Constitution of this State, 1895."


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C.   Section 11-41-30 of the 1976 Code, as added by Act 254 of 2002, is amended to read:

"Section 11-41-30.   As used in this chapter:

(1)   'Department' means the State Department of Commerce.

(2)(a)   'Economic development project' or 'project' means a project in this State as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested in the project by the sponsor and at least four hundred new jobs are created at the project by the sponsor. To qualify as an economic development project for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.

(b)   'Project' also includes a life sciences facility in this State defined as a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development. Included in this definition are the following North American Industrial Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government:

(i)     3254 Pharmaceutical and Medical Manufacturing;

(ii)   334516 Analytical Laboratory Instrument Manufacturing.

With respect to a life sciences facility, the sponsor must invest in the project at least one hundred million dollars and create at the project at least two hundred new jobs with an average annual cash compensation level of at least twice the annual per capita income in this State. Per capita income must be determined by using the most recent per capita income data available at the time the request for funding is made pursuant to this chapter.

(c)   To qualify as an economic development project under either subitem (a) or (b) of this item for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.

(3)   'Infrastructure' must relate specifically to, but is not required to be located at, the economic development project and means:

(a)   land acquisition;

(b)   site preparation;

(c)   road and highway improvements;

(d)   rail spur construction;

(e)   water service;

(f)   wastewater treatment;


Printed Page 3382 . . . . . Wednesday, May 21, 2003

(g)   employee training which may include equipment used for such purpose;

(h)   environmental mitigation; and

(i)     training and research facilities and the necessary equipment therefor.

(4)   'Investment' means money expended by the sponsor on capital assets directly related to the economic development project and does not include amounts expended in aid of the project by the State pursuant to this chapter or otherwise, or amounts expended in aid of the project by a county, municipality, or a special purpose district, however financed.

(5)   (7) 'New job' means a full-time job created in this State at an economic development project. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from, or to, a project of the sponsor or a related person. A related person includes any entity or person that bears a relationship to the sponsor as described in Section 267 of the Internal Revenue Code of 1986. Full time means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of sponsor operations or a job requiring a minimum of thirty-five hours of an employee's time a week for a year if the employee was hired initially for or transferred to the project. Two half-time jobs are considered one full-time job. A half-time job is a job requiring a minimum of twenty hours of an employee's time a week otherwise meeting the full-time job requirements.

(6)   'Research and development facility' means a facility, including all necessary dry and wet laboratories, office space, lecture halls, conference rooms, equipment and administrative support spaces owned by a research university that would advance the development of the life sciences industry in the State by providing the necessary infrastructure that would be used by the research university and private entrepreneurs to promote the pursuit of intellectual property, to incubate emerging businesses, and to develop pilot commercial and manufacturing establishments.

(7)   'Research universities' means Clemson University, the Medical University of South Carolina, and the University of South Carolina - Columbia.

(8)   'Secretary' means the Secretary of the department.

(5)(9)   'Sponsor' means a sole proprietor, partnership, corporation of any classification, limited liability company, or


Printed Page 3383 . . . . . Wednesday, May 21, 2003

association taxable as a business entity or any combination of these entities.

(6)(10)   'State general obligation economic development bonds' or 'economic development bonds' or 'bonds' means general obligation bonds of this State issued under the authority of this chapter."
D.   Section 11-41-40 of the 1976 Code, as added by Act 254 of 2002, is amended to read:

"Section 11-41-40.   To obtain funds for allocation to the department for financing of (1) infrastructure and (2) research and development facilities, there are issued from time to time state general obligation economic development bonds under the conditions prescribed by this chapter."
E.   Section 11-41-50 of the 1976 Code, as added by Act 254 of 2002, is amended to read:

"Section 11-41-50.   (A)   Pursuant to Article X, Section 13(6)(c) of the Constitution of this State, 1895, the General Assembly provides that economic development bonds may be issued under this chapter only at such times as the maximum annual debt service on all general obligation bonds of the State, including economic development bonds outstanding and being issued, but excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, must will not exceed five and one-half percent of the general revenues of the State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds. The State at any time must may not have outstanding issue general obligation bonds, excluding economic development bonds, highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, if at the time of issuance the maximum annual debt service on which all such general obligation bonds, outstanding and being issued exceeds five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds.

(B)   With respect to the first seven hundred million dollars in principal amount of general obligation bonds issued after the effective date of this chapter within the debt service constraints set forth in subsection (A) of this section, the General Assembly provides additional constitutional authorization for such bonds pursuant to Article X, Section 13(5), of the Constitution of this State, 1895."
F.   Section 11-41-60 of the 1976 Code, as added by Act 254 of 2002, is amended to read:


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"Section 11-41-60.   At the time of issuance of economic development bonds pursuant to this chapter, the maximum annual debt service on such bonds issued pursuant to this chapter outstanding or being issued must not exceed one-half of one percent of the general revenues of this State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds."
G.   Section 11-41-70 of the 1976 Code, as added by Act 254 of 2002, is amended to read:

"Section 11-41-70.   (A)   Before issuing economic development bonds to defray the cost of infrastructure, the department shall notify the Joint Bond Review Committee and the State Budget and Control Board of the following:

(1)   the amount then required for allocation to the department to defray the costs of the proposed infrastructure;

(2)   a description of the infrastructure for which the bonds are to be issued, including a certification by the secretary of the department that each the economic development project to benefit from the expenditure of the proceeds of the bonds consists of the following:

(a)   an investment in the State by the sponsor at the project of not less than four hundred million dollars and creates creation at the project of no fewer than four hundred new jobs; or

(b)   in the case of a life sciences facility, an investment by the sponsor in the project of not less than one hundred million dollars and creation at the project of no fewer than two hundred new jobs with an average cash compensation of at least twice the per capita income in this State. Per capita income must be determined by using the most recent per capita income data available at the time the request for funding is made pursuant to this chapter.

(3)   a tentative time schedule setting forth the period of time during which the sum requested is to be expended;

(4)   a debt service table showing the annual principal and interest requirements for all bonds then outstanding; and

(5)   the total amount of all bonds issued.

(B)   Before issuing economic development bonds to defray the cost of the research and development facilities, the department shall notify the Joint Bond Review Committee and the State Budget and Control Board of the following:

(1)   the amount then required for allocation to the department to defray the costs of the proposed research and development facilities;


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(2)   a description of the proposed research and development facilities for which the bonds are to be issued, including a certification by the secretary that matching funds required by Section 11-41-45 have been made available by the research university which shall own the research and development facilities and a schedule showing the source and amount of such matching funds;

(3)   a tentative time schedule setting forth the period of time during which the sum requested is to be expended;

(4)   a debt service table showing the annual principal and interest requirements for all bonds then outstanding; and

(5)   the total amount of all bonds issued."
H.   Section 11-41-120 of the 1976 Code, as added by Act 254 of 2002, is amended to read:

"Section 11-41-120.   All bonds issued under this chapter must be signed by the Governor and the State Treasurer and attested by the Secretary of State. The Governor, and State Treasurer, and Secretary of State may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the bonds executed and authenticated, as provided in the resolution, is valid notwithstanding changes in officers or seal occurring after the execution or authentication."
SECTION   4.   Beginning January 1, 2005, the Department of Revenue annually shall report to the Joint Committee on Taxation the revenue impact of this act, and the Department of Commerce annually shall report the cost and benefit of this act, together with the job creation and capital investment made by qualifying businesses.
SECTION   5.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   6.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.


Printed Page 3386 . . . . . Wednesday, May 21, 2003

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

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Yeas 96; Nays 0

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
R. Brown               Cato                   Ceips
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Haskins
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Huggins
Keegan                 Kirsh                  Leach
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McGee
McLeod                 Merrill                Miller
J. M. Neal             Neilson                Ott
Owens                  Parks                  Phillips
Pinson                 E. H. Pitts            Rice
Richardson             Rutherford             Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Tripp                  Umphlett
Viers                  Walker                 Weeks

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Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

Total--96

Those who voted in the negative are:

Total--0

So, the Bill, as amended, having received the necessary two-thirds vote was read the second time and ordered to third reading.

S. 516--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22184HTC03), which was adopted:
Amend the bill, as and if amended, by striking the fourth undesignated paragraph of Section 12-6-3360(M)(3) as contained in SECTION 1, page 2, lines 23 through 33 and inserting:
/   Notwithstanding any other provision of law, 'new job' includes jobs created by a taxpayer when the taxpayer hires more than five hundred full-time individuals:

(a)   at a manufacturing facility located in a county classified as least developed;


Printed Page 3388 . . . . . Wednesday, May 21, 2003

(b)   immediately before their employment by the taxpayer, the individuals were employed by a company operating under Chapter 11 of the United States Bankruptcy Code; and

(c)   the taxpayer, as an unrelated entity, acquires as of July 10, 2002, substantially all of the assets of the company operating under Chapter 11 of the United States Bankruptcy Code." /
Amend the bill further, as and if amended, by adding an appropriately numbered penultimate section to read:
/ SECTION   ____.   A. Section 12-20-50 of the 1976 Code is amended by adding a new subsection at the end to read:

"(C)   In addition to the provisions of subsection (B) of this section, a holding company may reduce its paid-in capital surplus by the portion of contributions to capital received from its parent corporation that is directly or indirectly used to finance a subsidiary's expansion costing in excess of one hundred million dollars, which on the date construction started is located in an Economic Impact Zone as defined in Section 12-14-30. A reduction is only allowed pursuant to this subsection for the paid-in capital surplus of the holding company attributable to this contribution to capital for expansion. Additionally, no reduction is allowed unless the expansion is completed within three years of the first contribution to capital received by the holding company, but this three-year limitation may be extended by the Department of Revenue upon written application and good cause shown. Amounts previously excluded in paid-in capital surplus pursuant to this subsection must be included in the first license tax year beginning after the period allowed for the expansion if the expansion is not timely completed."
B.   Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for contributions to capital for expansion made after August 2002. /
Renumber sections to conform.
Amend title to conform.

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

Rep. BOWERS proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22210HTC03), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:


Printed Page 3389 . . . . . Wednesday, May 21, 2003

/ SECTION   ____.   Notwithstanding the provisions of Section 12-43-217 of the 1976 Code, a county which was scheduled to implement reassessment program values for property tax purposes in 2002 and which pursuant to the provisions of Section 12-37-217(B) postponed implementation until 2003, may by ordinance postpone the implementation for one additional property tax year. /
Renumber sections to conform.
Amend title to conform.

Rep. BOWERS explained the amendment.

POINT OF ORDER

Rep. KEEGAN raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. BOWERS argued contra.
SPEAKER WILKINS stated that in accordance with Rule 9.3, Amendment No. 2 was not germane to the Bill. He therefore sustained the Point of Order and ruled the amendment out of order.

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

ORDERED TO THIRD READING

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

H. 4025 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXATION, SO AS TO TAX ONLY THE TAXABLE PORTION OF THE GROSS PROCEEDS FROM A TELECOMMUNICATIONS BUNDLED TRANSACTION.

Rep. HARRELL explained the Bill.

H. 4048--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4048 (Word version) -- Reps. J. R. Smith, Scarborough, Neilson, Cotty, Anthony, Bailey, Barfield, Cato, Ceips, Clark, Clemmons, Coates, Cooper, Davenport, Duncan, Edge, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hinson, Huggins, Keegan, Leach, Limehouse, Loftis,


Printed Page 3390 . . . . . Wednesday, May 21, 2003

Lucas, McGee, Owens, Perry, Pinson, E. H. Pitts, Quinn, Rice, Sandifer, Simrill, Sinclair, Skelton, D. C. Smith, W. D. Smith, Stewart, Talley, Thompson, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Wilkins, Witherspoon, Young, Merrill, G. M. Smith, Chellis, Bingham, Bowers, Herbkersman, Littlejohn and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTABLE RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2004.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1615MM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION   1.   The General Assembly finds that:

(1)   flexibility in the use of funding provides opportunities for fiscal efficiencies and maximum benefit to students;

(2)   limiting the number of funding categories should reduce management and accounting requirements;

(3)   programs established by statute or regulation must be continued to meet the needs of individual students or to compensate and reward teachers; and

(4)   the State has a continuing responsibility to support the operations, infrastructure, and safety of schools.


Printed Page 3391 . . . . . Wednesday, May 21, 2003

SECTION   2.   Title 59 of the 1976 Code is amended by adding:
"CHAPTER 155 S.M.A.R.T. Funding in Education Act

Section 59-155-10.   This chapter may be cited as the 'S.M.A.R.T. (Streamlined Management and Accounting Resources for Teaching) Funding in Education Act'.

Section 59-155-20.   (A)   There is established a fund management and accounting program, called 'S.M.A.R.T. Funding in Education', that, beginning July 1, 2004, must consolidate all program funding to the state's school districts and special schools for enhanced flexibility in their operations of grades K-12.

(B)(1)   S.M.A.R.T. funding must be allocated in accordance with statutory and regulatory program funding requirements to each school district and must be spent in six general categories:

(a)   quality teaching;

(b)   instruction;

(c)   technical assistance;

(d)   operations, infrastructure, and safety;

(e)   workforce education; and

(f)   special needs.

(2)   The programs designated within each general category are:

(a)   quality teaching: critical teaching needs, National Board Certification-Incentive Reimbursement, National Board Certification-Salary Supplement, teacher salary supplement, school employer contributions, principal salary/fringe increase, fringe benefits employer contributions, retiree insurance, health/dental benefits, ADEPT;

(b)   instruction: arts in education, advanced placement, gifted and talented, academic assistance K-3, academic assistance 4-12, excellence in middle schools, increase high school diploma requirements, alternative schools program, EAA reduce class size grades 1-3, K-5 competitive grants, four-year-old child development, school innovation funds, base student cost;

(c)   technical assistance: EAA homework center grants, EAA retraining grants, EAA summer school/comprehensive remediation;

(d)   operations, infrastructure, and safety: reallocation of EIA funds, school bus driver salary supplement and fringe, school lunch supervisor salary, school lunch program aid, State School Building Aid, Children's Education Endowment, school safety officers, technology funding from education license plates, attendance supervisor salary;


Printed Page 3392 . . . . . Wednesday, May 21, 2003

(e)   workforce education: parenting/family literacy, career and technology education equipment, adult education, nursing program, School-to-Work Transition Act; and

(f)   special needs: trainable and profoundly mentally disabled student services, handicapped transportation-bus driver aides, handicapped transportation-special needs students contract reimbursement, and preschool programs for children with disabilities.

(C)(1)   Within the parameters of item (2), each school district must allocate S.M.A.R.T. funds among programs within the specified general categories and between general categories as it determines is most effective for the achievement of that individual local district's educational objectives pursuant to Chapter 139 of Title 59 and to ensure that students are equipped with a strong academic foundation.

(2)   A local school district board of trustees may transfer up to one hundred percent of funds among programs designated within the same general category once the district has fulfilled the statutory and regulatory program requirements. A school district may transfer up to twenty percent of these funds from one general category to other general categories. A transfer may not deny an educator basic or supplementary compensation provided by statute. A transfer may not waive or reduce funds required for a program match in a district choosing to continue a federal program requiring matching funds.

(3)   A school district with fifty percent or more of its schools earning an unsatisfactory absolute rating may utilize the provisions of this chapter pursuant to the requirements for flexibility in Section 59-18-1120 of the Education Accountability Act.

Section 59-155-30.   (A)   The General Assembly and the Governor, beginning with the annual general appropriations act for fiscal year 2004-2005, shall adjust the format of the general appropriations act to reflect the categories of this chapter.

(B)   The State Department of Education must provide the details of transfers by local school districts to members of the General Assembly upon request. A school district may carry forward unexpended funds from the previous fiscal year into the next fiscal year to be used for the original purpose.

Section 59-155-40.   (A)   The State Board of Education must promulgate regulations or publish guidelines necessary to effectuate the provisions of this chapter including, but not limited to, a procedure for the review of all transfers authorized by this chapter.

(B)   The State Department of Education shall adopt and implement an accounting procedure between the department and each


Printed Page 3393 . . . . . Wednesday, May 21, 2003

local school district for oversight and management of transfers made pursuant to this chapter. A local school district shall utilize, throughout the year, the uniform accounting procedure to facilitate timely and consistent reporting.

Section 59-155-50.   The State Department of Education shall review the utilization of the flexibility and transfer provisions of this chapter and report by district to the General Assembly the changes in the proportion of funds spent in each of the six categories, the benefit to students, and the fiscal efficiencies achieved before and after implementation of this chapter."
SECTION   3.   Upon approval by the Governor this act takes effect July 1, 2003. /
Renumber sections to conform.
Amend title to conform.

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

Reps. OTT and HAYES proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20644SD03), which was ruled out of order:
Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION   _____.   On July 1, 2003, the Education Oversight Committee is abolished and its powers, duties, and functions devolved upon the State Department of Education. /
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. LOURIE a leave of absence to testify in court.

Rep. OTT continued speaking.

POINT OF ORDER

Rep. COTTY raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. OTT argued contra.


Printed Page 3394 . . . . . Wednesday, May 21, 2003

SPEAKER WILKINS stated that the Bill dealt with the consolidation and creation of funding categories within the Education Accountability Act, but the amendment attempted to abolish functions of the Education Oversight Committee as a whole. He therefore sustained the Point of Order and ruled the amendment out of order pursuant to Rule 9.3.

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

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M. A. Pitts, Scarborough, F. N. Smith, J. E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN


Printed Page 3395 . . . . . Wednesday, May 21, 2003

ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4254 (Word version) -- Rep. Richardson: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF COLONEL LOGAN E. WESTON OF FORT MILL IN YORK COUNTY AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4255 (Word version) -- Rep. Richardson: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF STEPHEN RICHARDS MCCRAE, SR., OF ROCK HILL, A DISTINGUISHED ARTIST AND DESIGNER AND A RENOWNED PATRON OF THE


Printed Page 3396 . . . . . Wednesday, May 21, 2003

ARTS, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4256 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. JEANETTE M. RAMBO FOR HER OUTSTANDING SERVICE AS A MEMBER AND PAST CHAIRMAN OF THE DARLINGTON COUNTY DISABILITIES AND SPECIAL NEEDS BOARD AND FOR HER DISTINGUISHED SERVICE TO HER COMMUNITY, COUNTY, AND STATE ON BEHALF OF THOSE CITIZENS LESS ABLE TO DO FOR THEMSELVES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4257 (Word version) -- Reps. Young, Govan, Kirsh and Richardson: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA CHIROPRACTIC ASSOCIATION FOR THE SERVICES ITS MEMBERS PROVIDED TO THE GENERAL ASSEMBLY DURING THE 2003 LEGISLATIVE SESSION THROUGH THE "CHIROPRACTOR OF THE WEEK" PROGRAM.

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

H. 3489--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3489 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan,


Printed Page 3397 . . . . . Wednesday, May 21, 2003

Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-925 SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK OR BY OTHER SPECIFIED METHODS; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO FURTHER PROVIDE FOR THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO

Printed Page 3398 . . . . . Wednesday, May 21, 2003

ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS IN MINIBOTTLES OR BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AS WELL AS IN MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO AMEND SECTION 61-12-10, AS AMENDED, RELATING TO THE DISTRIBUTION OF CERTAIN REVENUE FOR ALCOHOL AND DRUG PROGRAMS, SO AS TO REVISE A REFERENCE NECESSITATED BY THE ABOVE PROVISIONS; AND TO REPEAL SECTION 12-33-245 RELATING TO THE TWENTY-FIVE CENTS EXCISE TAX ON MINIBOTTLES.

Reps. KIRSH, THOMPSON, SANDIFER, BAILEY, BALES, J. E. SMITH, WHITE, SNOW, MCLEOD, SKELTON, HOSEY, LEACH, VIERS, ANTHONY, DAVENPORT, HAYES, WITHERSPOON, NEILSON, HARRELL, RHOAD and COTTY requested debate on the Bill.

H. 3612--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3612 (Word version) -- Reps. Littlejohn, Bailey, Cotty, Anthony, Whipper, Mahaffey, R. Brown, J. H. Neal, Rutherford, Frye, Bales, Bowers,


Printed Page 3399 . . . . . Wednesday, May 21, 2003

G. Brown, J. Brown, Cobb-Hunter, Dantzler, Freeman, Gourdine, Harvin, Hayes, Ott, Clark, Herbkersman, Lee, E. H. Pitts, Martin, McLeod, McCraw, Moody-Lawrence, Neilson, Phillips, Rhoad, Rivers, Scott, F. N. Smith, Snow, Stille, Townsend and Umphlett: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

Reps. KIRSH, RICE, WALKER, BALES, HAYES, MILLER, LITTLEJOHN, COLEMAN and LEACH requested debate on the Bill.

H. 3739--DEBATE ADJOURNED

Rep. GILHAM moved to adjourn debate upon the following Bill until Thursday, May 22, which was adopted:

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,


Printed Page 3400 . . . . . Wednesday, May 21, 2003

Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire and Lourie: 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.

H. 3987--RECALLED FROM COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. WHITE, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:

H. 3987 (Word version) -- Rep. White: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.

H. 4037--RECALLED FROM COMMITTEE ON JUDICIARY

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


Printed Page 3401 . . . . . Wednesday, May 21, 2003

H. 4037 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 24-3-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF CERTAIN PERSONS, SO AS TO PROVIDE THAT AN INMATE CONFINED IN A REGIONAL CORRECTIONAL FACILITY MAY BE SERVED A WARRANT BY A LAW ENFORCEMENT OFFICER OF A COUNTY WHICH PARTICIPATES IN THE FUNDING OF THE FACILITY WITHOUT IT BEING COUNTERSIGNED BY OFFICIALS OF THE COUNTY IF ITS LOCATION IS DIFFERENT.

R. 76, H. 3218--GOVERNOR'S VETO OVERRIDDEN

Debate was resumed on the Veto on the following Act:

(R76) H. 3218 (Word version) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.

Rep. M. A. PITTS spoke against the Veto.
Rep. MARTIN spoke in favor of the Veto.
Rep. HARRELL spoke against the Veto.
Rep. OTT spoke in favor of the Veto.
Rep. RUTHERFORD spoke in favor of the Veto.
Rep. LIMEHOUSE spoke against the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 89; Nays 21

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Branham

Printed Page 3402 . . . . . Wednesday, May 21, 2003

G. Brown               Cato                   Ceips
Chellis                Clemmons               Clyburn
Coates                 Coleman                Cooper
Cotty                  Dantzler               Davenport
Duncan                 Edge                   Emory
Freeman                Gilham                 Gourdine
Hamilton               Harrell                Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mahaffey               McCraw
McGee                  McLeod                 Merrill
J. M. Neal             Neilson                Perry
Phillips               Pinson                 M. A. Pitts
Quinn                  Rhoad                  Richardson
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
F. N. Smith            G. M. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stille                 Talley                 Taylor
Thompson               Toole                  Tripp
Umphlett               Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--89

Those who voted in the negative are:

Breeland               Clark                  Cobb-Hunter
Delleney               Frye                   Govan
J. Hines               M. Hines               Hosey
Howard                 Mack                   Martin
Miller                 J. H. Neal             Ott
Owens                  E. H. Pitts            Rice
D. C. Smith            Stewart                Weeks

Total--21


Printed Page 3403 . . . . . Wednesday, May 21, 2003

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I was temporarily out of the Chamber when the veto was considered. I would have voted to sustain.
Rep. Doug Jennings

STATEMENT FOR THE JOURNAL

I am very disapppointed that even though the Governor said that he would raise the money and the monument would be built, that the Chairman of Ways and Means had rather protect his budget than help living law enforcement officers and their families. Our process does allow for money to be transferred, if approved. I have always supported law enforcement and I will continue to do so.
Rep. Becky R. Martin

H. 3713--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3713 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.

Reps. HARRELL and YOUNG proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20631SD03), which was ruled out of order:


Printed Page 3404 . . . . . Wednesday, May 21, 2003

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION   ____.   Chapter 2 of Title 61 of the 1976 Code is amended by adding:

"Section 61-2-135.   Notwithstanding any other provision of law, beginning July 1, 2003, all initial alcohol license application fees shall be increased by one hundred dollars, all biennial alcoholic beverage fees, licenses, and permits shall be increased by two hundred dollars, and all local operation permit fees shall be increased by fifty dollars. These additional funds shall be collected by the Department of Revenue and as soon as practicable allocated to the State Law Enforcement Division to offset the costs of inspections, investigations, and enforcement of this title. The State Law Enforcement Division is authorized to receive, expend, and carry forward these funds." /
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the Bill dealt with SLED procedures in relation to the operations of the Department of Homeland Security, but the amendment attempted to increase alcohol license fees by $100. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11785AC03), which was adopted:
Amend the bill, as and if amended, Section 54-17-20, page 3 after line 13 by inserting:
/   (9)   'Memorandum of Agreement' means a document executed by the Governor on behalf of the State with the Department of the Navy, detailing fiduciary duties, potential liability, and federal support issues for a South Carolina Naval Militia./
Amend the bill further, Section 54-17-30(6), page 3 line 29 by deleting /, who shall serve as a nonvoting member/
Amend the bill further, Section 54-17-40, page 4 line 21 by deleting /The/ and inserting /Upon maintaining a Memorandum of Agreement with the Department of Navy, the/.


Printed Page 3405 . . . . . Wednesday, May 21, 2003

Amend the bill further, Section 54-17-50(A), page 4, line 36 by deleting /Understanding/ and inserting /Agreement/ and by deleting lines 38 and 39 and inserting /State prior to the Naval Militia being established/.
Amend the bill further, Section 54-17-50(B), page 4, line 40 by deleting /shall/ and inserting /may/ and on page 5, line 2, after the /./ by inserting / Commissions may exceed federally recognized commissions by no more than one grade, except that the Commander of the Naval Militia may be up to a Rear Admiral (O-7) without regard to federal recognition./.
Amend the bill further, by deleting Section 54-17-30(D) on page 5 and inserting:
/(D)   Naval Militia personnel are entitled to all appropriate honors, courtesies, and privileges provided under state law to state military organizations. Authority shall be exercised pursuant to mission requirement and in accordance with rules promulgated by the commission./
Amend the bill further, Section 4 of the bill, page 6 by deleting /Understanding/ on lines 31 and 33 and inserting /Agreement/ and on line 32 by deleting /South Carolina Naval Militia/ and inserting /State/.
Renumber sections to conform.
Amend title to conform.

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

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

S. 228--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

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


Printed Page 3406 . . . . . Wednesday, May 21, 2003

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. HARRISON 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. 3673--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3673 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,


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1976, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO FURTHER SPECIFY PROCEDURES FOR THESE HEARINGS; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO SHOW COMPELLING REASONS FOR A PERMANENCY PLAN THAT DOES NOT REUNITE A CHILD WITH HIS PARENTS OR A RELATIVE AND DOES NOT TERMINATE PARENTAL RIGHTS AND TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR APPROVING SUCH A PLAN; AND TO FURTHER SPECIFY THE COURT'S AUTHORITY AND STANDARDS THAT MUST BE MET AFTER ADOPTION VIABILITY IS CONSIDERED, FOSTER CARE IS CONTINUED, AND TERMINATION OF PARENTAL RIGHTS IS NOT INITIATED; TO AMEND SECTION 20-7-768, RELATING TO STANDARDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR NOT INITIATING TERMINATION OF PARENTAL RIGHTS UNDER CERTAIN CIRCUMSTANCES, RATHER THAN PRESUMING THAT SUCH CIRCUMSTANCES IN AND OF THEMSELVES ARE COMPELLING REASONS; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINT REVIEWS OF FOSTER CARE LICENSE APPLICANTS, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO ISSUE TEMPORARY LICENSES PENDING RECEIPT OF THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION REVIEW.

Rep. HARRISON 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. 3990--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

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


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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.

Rep. LIMEHOUSE 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. 3701--MOTION TO RECONSIDER TABLED AND SENT TO THE SENATE

The motion of Rep. HINSON to reconsider the vote whereby the following Bill was given a second reading was taken up:

H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, 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.

Rep. HINSON moved to table the motion to reconsider, which was agreed to.

The Bill, as amended, was read the third time and ordered sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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


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HOUSE RESOLUTION

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

H. 4258 (Word version) -- Reps. Chellis, Young and Bailey: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE PLAYERS, COACHES, AND STAFF OF THE SUMMERVILLE HIGH SCHOOL BOYS' BASEBALL TEAM ON WEDNESDAY, MAY 28, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF CONGRATULATING THEM FOR WINNING THE 2003 CLASS AAAA BOYS' BASEBALL STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and staff of the Summerville High School Boys' Baseball Team on Wednesday, May 28, 2003, at a time to be determined by the Speaker for the purpose of congratulating them for winning the 2003 Class AAAA Boys' Baseball State Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4259 (Word version) -- Reps. Chellis, Young and Bailey: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" AND THEIR COACH, BURT BAZZLE, ON WINNING THE 2003 CLASS AAAA BOYS' BASEBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

The Resolution was adopted.


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INTRODUCTION OF BILLS

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

H. 4260 (Word version) -- Reps. Harrell, Wilkins, Quinn, Young, Hinson, Merrill, Bales and Rice: A JOINT RESOLUTION TO PROVIDE THAT ON JULY 1, 2003, ANY FUNDS REMAINING IN THE DEPARTMENT OF PUBLIC SAFETY'S BUILDING FUND AFTER ANY TRANSFERS REQUIRED TO BE MADE BY LAW MUST BE USED FOR THE COMPENSATION OF ADDITIONAL TROOPERS AND FOR THEIR NECESSARY EQUIPMENT TO CONDUCT OPERATIONS.
Referred to Committee on Ways and Means

H. 4261 (Word version) -- Reps. Umphlett, Dantzler, Duncan, Herbkersman, Hinson, Limehouse, Mahaffey, Merrill, Owens, Pinson, M. A. Pitts, Richardson, Sandifer, J. R. Smith and Taylor: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO REMOVE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FROM THE CATEGORY OF OFFICERS WHO MAY BE REMOVED ONLY FOR CAUSE, AND TO ADD TO THE CATEGORY OF THOSE OFFICERS WHO CAN BE REMOVED ONLY FOR CAUSE PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AND THE SOUTH CAROLINA PORTS AUTHORITY.
Referred to Committee on Judiciary

H. 4262 (Word version) -- Reps. Neilson, Barfield, Bales, Cobb-Hunter, Clyburn, Martin, J. Hines, Rutherford, J. Brown, Hosey, Hayes, J. E. Smith, Altman, Anthony, Bailey, Battle, Branham, Emory, Freeman, Harvin, M. Hines, Keegan, Kennedy, Koon, Leach, Rhoad, Richardson, Rivers, Scarborough, Simrill, J. R. Smith, Snow, Thompson and Young: A BILL TO AMEND CHAPTER 61, TITLE 44 CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE


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DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM.
Referred to Committee on Ways and Means

S. 317 (Word version) -- Senators Elliott, Rankin, Short, Reese and Giese: 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.
On motion of Rep. CLEMMONS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 555--NONCONCURRENCE IN SENATE AMENDMENTS

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

S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY


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AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT OF OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.

Rep. HARRISON explained the Senate Amendments.

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

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

ADJOURNMENT

At 1:05 p.m. the House, in accordance with the motion of Rep. RICHARDSON, adjourned in memory of Steve McCrae, to meet at 10:00 a.m. tomorrow.

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