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


Printed Page 763 . . . . . Wednesday, February 5, 2003

Wednesday, February 5, 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 the day is from I Samuel 3:9: "Speak, Lord, for Your servant is listening."
Let us pray. Almighty God, as we consider important decisions today that impact the lives of many people, help us to hear what You want us to do. As servants, unite us to make the best judgments for the people of this State. Hear us gracious Lord. 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. J. BROWN moved that when the House adjourns, it adjourn in memory of Elder Laverne Stevenson, which was agreed to.

INVITATIONS

On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Association of Nonprofit Organizations the Members of the House of Representatives are invited to a reception. This event will be held at the Capital City Club on Tuesday, March 4, 2003, from 6:00 p.m. until 8:00 p.m.


Printed Page 764 . . . . . Wednesday, February 5, 2003

Sincerely,
Erin Hardwick
Executive Director

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Georgetown County Chamber of Commerce the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Wednesday, March 5, 2003, from 8:00 a.m. until 10:00 a.m.
Sincerely,
Harvey Shephard
President

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Mental Health Association in South Carolina the Members of the House of Representatives are invited to a luncheon. This event will be held in Room 221 of the Blatt Building on Wednesday, March 5, 2003, upon adjournment.
Sincerely,
Joy Jay
Director

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 765 . . . . . Wednesday, February 5, 2003

Dear Chairman Leach:
On behalf of the South Carolina Association of Conservation Districts the Members of the House of Representatives are invited to a reception. This event will be held at Seawell's Restaurant on Wednesday, March 5, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Linda M. Tansill
Executive Director

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Vocational Rehabilitation Association the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on March 6, 2003, from 8:00 a.m. until 10:00 a.m.
Sincerely,
Joanie A. Hess
President

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Florence Legislative Day Planning Committee the Members of the House of Representatives are invited to a reception. This event will be held at the Columbia Museum of Art on Tuesday, March 11, from 6:00 p.m. until 9:00 p.m.
Sincerely,
Charles W. Gould


Printed Page 766 . . . . . Wednesday, February 5, 2003

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Governor's School for the Arts and Humanities the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Wednesday, March 12, 2003, from 8:00 a.m. until 10:30 a.m.
Sincerely,
Virginia Uldrick
President

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina School Boards Association the Members of the House of Representatives are invited to a luncheon. This event will be held at the Clarion Town House on Wednesday, March 12, 2003, at 12:30 p.m. or upon adjournment.
Sincerely,
Scott T. Price
General Counsel

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Alliance for South Carolina's Children the Members of the House of Representatives are invited to a breakfast. This event


Printed Page 767 . . . . . Wednesday, February 5, 2003

will be held in Room 221 of the Blatt Building on Thursday, March 13, 2003, from 8:00 a.m. until 10:00 a.m.
Sincerely,
Katharine M. Hubbard
Chair, Board of Directors

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Farm Bureau Federation the Members of the House of Representatives and staff are invited to a reception. This event will be held at the Moore Building at the State Fairgrounds on Tuesday, March 18, 2003, at 6:00 p.m.
Sincerely,
Larry McKenzie
Assistant to the President

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Hospital Association the Members of the House of Representatives are invited to a reception. This event will be held at the Clarion Town House on Wednesday, March 19, 2003, at 6:00 p.m.
Sincerely,
Ken Shull
President

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee


Printed Page 768 . . . . . Wednesday, February 5, 2003

503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Aviation Association the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Wednesday, March 20, 2003, from 8:00 a.m until 10:00 a.m.
Sincerely,
Frank G. Anderson
Legislative Committee Co-chair

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the State Farm Insurance Companies the Members of the House of Representatives are invited to a luncheon. This event will be held on the Grounds of the State House on Tuesday, March 25, 2003, upon adjournment.
Sincerely,
Adam Taylor

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of South Carolina State University the Members of the House of Representatives are invited to a reception. This event will be held at the Clarion Town House on Tuesday, March 25, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Ernest A. Finney, Jr.
Interim President


Printed Page 769 . . . . . Wednesday, February 5, 2003

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Prayer Fellowship the Members of the House of Representatives are invited to a breakfast. This event will be held at the Sheraton Hotel and Conference Center on Wednesday, March 26, 2003, at 7:45 a.m.
Sincerely,
C. Tommy Young, Chairman
SC Prayer Breakfast Committee

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the ETV Endowment of South Carolina the Members of the House of Representatives are invited to a luncheon. This event will be held at the ETV Telecommunications Center at 1041 George Rogers Blvd. on Wednesday, March 26, 2003, from noon until 1:30 p.m.
Sincerely,
Elaine Freeman
Executive Director

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Probate Judges' Association the Members of the House of Representatives are invited to a reception.


Printed Page 770 . . . . . Wednesday, February 5, 2003

This event will be held at the Clarion Town House on Wednesday, March 26, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Vivian E. Ross-Bennett
Orangeburg County Probate Judge

March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the American Red Cross the Members of the House of Representatives are invited to a breakfast. This event will be held at the Clarion Town House on Thursday, March 27, 2003, from 8:00 a.m. until 9:00 a.m.
Sincerely,
Ann M. Wright
Chapter Manager

REPORTS OF STANDING COMMITTEES

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3299 (Word version) -- Reps. Frye, Koon, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO CHANGE THE HUNTING SEASON FOR RACCOON AND OPOSSUM IN GAME ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, AND TO CHANGE THE METHOD OF HUNTING RACCOON AND OPOSSUM IN CERTAIN GAME ZONES; AND TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOON, OPOSSUM, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS


Printed Page 771 . . . . . Wednesday, February 5, 2003

LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3303 (Word version) -- Reps. Duncan, M. A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL TO BAIT DEER AT ANY TIME ON PRIVATE LAND, OR TO HUNT DEER ON SUNDAY ON PRIVATE LAND DURING THE PRESCRIBED SEASON FOR HUNTING DEER.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE DURING GUN AND MUZZLELOADER HUNTING SEASONS FOR DEER, AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3300 (Word version) -- Reps. Frye and Koon: A BILL TO AMEND SECTION 50-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS NOT


Printed Page 772 . . . . . Wednesday, February 5, 2003

UNLAWFUL TO HUNT RABBITS AT NIGHT WITHOUT WEAPONS.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3360 (Word version) -- Reps. R. Brown and Rhoad: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO FIVE IN ANY ONE DAY.
Ordered for consideration tomorrow.

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

H. 3010 (Word version) -- Reps. Wilkins, Simrill, Bales, Bailey and Witherspoon: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.
Ordered for consideration tomorrow.

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

H. 3199 (Word version) -- Reps. J. E. Smith, Harrison, Cobb-Hunter, Altman, Bailey, Richardson and Cotty: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO


Printed Page 773 . . . . . Wednesday, February 5, 2003

REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST TO REPORT EXCEPT IF THE COMMUNICATION IS PROTECTED BY THE STATUTORILY PRESCRIBED PRIEST-PENITENT PRIVILEGE IN SECTION 19-11-90.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3513 (Word version) -- Reps. Barfield and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 TO TITLE 39 SO AS TO ENACT THE ELECTRONIC GOVERNMENT SERVICES ACT, TO PROHIBIT A GOVERNMENT AGENCY FROM ENGAGING IN ELECTRONIC COMMERCE SERVICE ACTIVITY, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Labor, Commerce and Industry

H. 3514 (Word version) -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-75 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RATABLY OVER FIVE YEARS, TO CONFORM THE STATE MEDICAID MONTHLY MAINTENANCE NEEDS ALLOWANCE TO THE MOST CURRENT MAXIMUM AMOUNTS ALLOWED UNDER FEDERAL LAW.
Referred to Committee on Ways and Means

H. 3515 (Word version) -- Rep. Anthony: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF UNION 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.
Referred to Committee on Education and Public Works


Printed Page 774 . . . . . Wednesday, February 5, 2003

ROLL CALL

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

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


Printed Page 775 . . . . . Wednesday, February 5, 2003

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 5.

Todd Rutherford                   Gloria Haskins
Denny Neilson                     Ralph Davenport
Alex Harvin                       Larry Koon
James Harrison
Brenda Lee   Ken Kennedy

Total Present--120

STATEMENT OF ATTENDANCE

Rep. PHILLIPS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 21.

CO-SPONSORS ADDED AND REMOVED

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

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
02/05/03   LOFTIS


Printed Page 776 . . . . . Wednesday, February 5, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
02/05/03   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
02/05/03   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 3190 (Word version)
Date:   ADD:
02/05/03   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 3190 (Word version)
Date:   ADD:
02/05/03   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3190 (Word version)
Date:   ADD:
02/05/03   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 3231 (Word version)
Date:   ADD:
02/05/03   SKELTON

CO-SPONSOR ADDED

Bill Number:   H. 3198 (Word version)
Date:   ADD:
02/05/03   SANDIFER

CO-SPONSOR REMOVED

Bill Number:   H. 3433 (Word version)
Date:   REMOVE:
02/05/03   TALLEY


Printed Page 777 . . . . . Wednesday, February 5, 2003

CO-SPONSOR REMOVED

Bill Number:   H. 3500 (Word version)
Date:   REMOVE:
02/05/03   TALLEY

ORDERED TO THIRD READING

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

H. 3500 (Word version) -- Reps. Mahaffey, Walker, Littlejohn and Sinclair: A BILL TO AMEND ACT 1958 OF 1972, AS AMENDED, RELATING TO THE HOLLY SPRINGS RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIFTY TO FIVE HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW IN ANTICIPATION OF TAXES.

SENT TO THE SENATE

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

H. 3454 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2629, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3344 (Word version) -- Reps. Cato, Kirsh, Jennings, Battle, Harvin, J. E. Smith, Sheheen, Thompson, Trotter, Bingham, Chellis, Edge, Hamilton, Harrell, Harrison, Kennedy, Quinn, Richardson, Rutherford, Sandifer, Scarborough, W. D. Smith, Young, Barfield, Breeland, J. Brown, Clyburn, Cotty, Haskins, Huggins, Lourie, Merrill, Perry, Rice, Simrill, Taylor, Umphlett, Witherspoon, Bales, Lloyd, McCraw, Tripp, Walker, Limehouse, Hagood, Toole, Hinson, Loftis, Weeks, Clemmons, Owens and McLeod: A BILL TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "BROADBAND SERVICE"; AND


Printed Page 778 . . . . . Wednesday, February 5, 2003

TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION.

H. 3474 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 8 AND 12 AND NEW VOLUMES 7A AND 12A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2003.

H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.

RECORD FOR VOTING

I was called away from the floor on legislative business, but wish to be recorded as voting in favor of H. 3448 on third reading.

Rep. Alex Harvin III

H. 3506--COMMITTED

The following Bill was taken up:

H. 3506 (Word version) -- Rep. Thompson: A BILL TO PROVIDE THAT UNTIL THE GRAY DRIVE RAILROAD BRIDGE LOCATED IN THE WILLIAMSTON COMMUNITY OF ANDERSON COUNTY IS REPAIRED AND THE SAFETY OF THE BRIDGE CERTIFIED BY THE DEPARTMENT OF TRANSPORTATION, THE RIGHTS-OF-WAY GRANTED TO A RAILROAD COMPANY BY ANDERSON COUNTY TO USE THE LAND OVER WHICH THE BRIDGE IS LOCATED ARE SUSPENDED DUE TO A BREACH OF THE


Printed Page 779 . . . . . Wednesday, February 5, 2003

DUTY TO EXERCISE REASONABLE CARE IN USING THESE RIGHTS-OF-WAY.

Rep. TOWNSEND moved to commit the Bill to the Anderson Delegation, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEES

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

S. 7 (Word version) -- Senators McConnell, Mescher, Grooms and Branton: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE HIGHWAY 26 FROM EXIT 199 TO EXIT 203 IN BERKELEY COUNTY AS THE "CORPORAL JEFF JOHNSON MEMORIAL HIGHWAY" IN MEMORY OF STATE TROOPER, CORPORAL JEFF JOHNSON, WHO WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
Ordered for consideration tomorrow.

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

H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
Ordered for consideration tomorrow.

Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:

S. 158 (Word version) -- Senators Ravenel and Grooms: A BILL TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON


Printed Page 780 . . . . . Wednesday, February 5, 2003

COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3516 (Word version) -- Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille and Taylor: A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTAL PROPERTY OR THE FRAUDULENT APPROPRIATION OF SUCH PROPERTY, SO AS TO PROVIDE THAT THE VALUE OF THE LOSS OF REVENUE CAUSED BY THE UNLAWFUL WITHHOLDING OR FRAUDULENT APPROPRIATION OF RENTAL PROPERTY MAY BE CONSIDERED FOR THE PURPOSES OF COMPUTING THE APPLICABLE PENALTY, TO PROVIDE THAT A CIRCUIT COURT JUDGE OR MAGISTRATE MAY ORDER RESTITUTION IN AMOUNT BASED ON THE VALUE OF THE LOSS OF REVENUE OR DAMAGE TO THE RENTED ITEM; AND TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO MAGISTRATES' AUTHORITY TO ORDER RESTITUTION, SO AS TO REMOVE THE LIMITATION THAT SUCH RESTITUTION BE IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
Referred to Committee on Judiciary

H. 3517 (Word version) -- Reps. Owens, Cato, Clemmons, Leach, Loftis, Mahaffey, Rice, Sandifer and Skelton: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN INMATES PROVIDING A SAMPLE FROM WHICH DNA MAY BE OBTAINED FOR INCLUSION IN THE STATE DNA DATABASE, SO AS TO EXPAND THE GROUP OF INMATES WHO MUST PROVIDE A SAMPLE TO INCLUDE


Printed Page 781 . . . . . Wednesday, February 5, 2003

ALL INMATES WHO HAVE BEEN CONVICTED OR ADJUDICATED FOR A FELONY.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

The following was introduced:

H. 3518 (Word version) -- Reps. Perry, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE FIRST PRESBYTERIAN CHURCH OF AIKEN FOR MORE THAN SIXTY YEARS OF DEDICATED AND UNWAVERING SUPPORT OF TROOP 110 OF THE BOY SCOUTS OF AMERICA IN AIKEN, RECOGNIZE THE CHURCH'S TREMENDOUS CONTRIBUTION TO THE VALUES, MORAL DEVELOPMENT, AND LIVES OF THOSE ENABLED TO PARTICIPATE IN SCOUTING BY VIRTUE OF THEIR SUPPORT, AND TO CONVEY EVERY GOOD WISH FOR THEIR CONTINUED SUCCESS IN SUPPORTING TROOP 110 AND SCOUTING IN THE FUTURE.

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


Printed Page 782 . . . . . Wednesday, February 5, 2003

HOUSE RESOLUTION

The following was introduced:

H. 3519 (Word version) -- Rep. J. Brown: A HOUSE RESOLUTION TO COMMEND COLLIE ELBERT RAYFORD OF COLUMBIA FOR HIS DEDICATION TO TEACHING AND COACHING IN RICHLAND COUNTY SCHOOL DISTRICT ONE, AND TO RECOGNIZE HIM AS W. G. SANDERS MIDDLE SCHOOL DEDICATES ITS GYMNASIUM IN HIS HONOR.

The Resolution was adopted.

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

ADJOURNMENT

At 10:35 a.m. the House, in accordance with the motion of Rep. J. BROWN, adjourned in memory of Elder Laverne Stevenson, to meet at 10:00 a.m. tomorrow.

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