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


Printed Page 889 . . . . . Thursday, February 13, 2003

Thursday, February 13, 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 90:17: "May the favor of the Lord our God rest upon us; establish the work of our hands for us."
Let us pray. Dear Lord, give us Your blessing when we face ridicule or scorn from the people or society around us. Assure us that we are following the right path. Send us forth, O God, to be the instruments of Your grace and the mouthpiece of Your truth. 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. FREEMAN moved that when the House adjourns, it adjourn in memory of Virginia "Jean" Outen of Pageland, which was agreed to.

REPORT OF STANDING COMMITTEE

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

S. 312 (Word version) -- Senators Knotts, Setzler and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF NATURAL RESOURCES TO RENAME THE HOPE FERRY LANDING ON THE SALUDA RIVER IN LEXINGTON COUNTY, THE "JAMES R. METTS LANDING" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE LANDING CONTAINING THE WORDS "JAMES R. METTS LANDING".
Ordered for consideration tomorrow.


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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. 3598 (Word version) -- Reps. Richardson, Bailey, Bowers, Clark, Clyburn, Edge, Hamilton, Herbkersman, Hosey, Kirsh, Limehouse, Mahaffey, Neilson, Owens, Quinn, Rivers, Sandifer, Simrill, Snow, Vaughn and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PROVIDE THAT READING GLASSES ARE EXEMPT ITEMS DURING THE AUGUST SALES TAX HOLIDAY.
Referred to Committee on Ways and Means

H. 3599 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 3 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF DILLON COUNTY SCHOOL DISTRICT 3 IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
On motion of Rep. HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3600 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 2 TO ISSUE AND SELL GENERAL OBLIGATION REFUNDING BONDS OF DILLON COUNTY SCHOOL DISTRICT 2 IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED FORTY THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
On motion of Rep. HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3601 (Word version) -- Rep. F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-


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135 SO AS TO REQUIRE ALL POLITICAL SUBDIVISIONS OF THE STATE RECEIVING ANY STATE FUNDS TO OBSERVE STATE LEGAL HOLIDAYS, TO PROVIDE THAT PAYMENT OF STATE FUNDS OTHERWISE DUE A POLITICAL SUBDIVISION MUST BE SUSPENDED IF A POLITICAL SUBDIVISION FAILS TO OBSERVE ALL STATE LEGAL HOLIDAYS, AND TO DEFINE "POLITICAL SUBDIVISION".
Referred to Committee on Judiciary

H. 3607 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE WEEK OF DECEMBER 2 THROUGH DECEMBER 6, 2002, BY THE STUDENTS OF ANY SCHOOL IN SCHOOL DISTRICT 1 OF ANDERSON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Referred to Committee on Education and Public Works

H. 3608 (Word version) -- Reps. Leach, Frye, Harrell, Haskins, Herbkersman, Koon, Loftis, McCraw, Perry, Phillips, Quinn, Sandifer, Snow, Stille and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO REQUIRE THAT BEGINNING JULY 1, 2004, A PLAN FOR A NEW EDUCATIONAL FACILITY MUST BE A PLAN FOR A NEIGHBORHOOD SCHOOL, TO PROVIDE AN EXCEPTION, TO PROVIDE THAT A SCHOOL THAT DOES NOT MEET THE DEFINITION OF A NEIGHBORHOOD SCHOOL SHALL SUBDIVIDE INTO SCHOOLS-WITHIN-A-SCHOOL, AND TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS TO ELIMINATE MINIMUM ACREAGE REQUIREMENTS FOR SCHOOL SITE SELECTION.
Referred to Committee on Education and Public Works

CONCURRENT RESOLUTION

The following was introduced:

H. 3602 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-THREE SOUTH CAROLINA


Printed Page 892 . . . . . Thursday, February 13, 2003

TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2003 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.

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

HOUSE RESOLUTION

The following was introduced:

H. 3603 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO CONGRATULATE THE DORMAN HIGH SCHOOL CAVALIERS GIRLS GOLF TEAM AND COACH LEWIS TERRY ON WINNING THE CLASS AAAA STATE CHAMPIONSHIP AND COMMEND THEM FOR THEIR HARD WORK AND DEDICATION.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3604 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE DORMAN HIGH SCHOOL BOYS CROSS COUNTRY TEAM, ITS COACHING STAFF, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, FEBRUARY 19, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2002 SOUTH CAROLINA 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 Dorman High School Boys Cross Country Team, its coaching staff, and other school officials on Wednesday, February 19, 2003, at a time to be determined by the Speaker for the purpose of


Printed Page 893 . . . . . Thursday, February 13, 2003

being recognized for winning the 2002 South Carolina Class AAAA State Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3605 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO CONGRATULATE THE DORMAN HIGH SCHOOL CAVALIERS BOYS CROSS COUNTRY TEAM AND COACH BOBBY URBAN ON WINNING THE CLASS AAAA STATE CHAMPIONSHIP AND COMMEND THEM FOR THEIR HARD WORK AND DEDICATION.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3606 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE DORMAN HIGH SCHOOL GIRLS GOLF TEAM, ITS COACHING STAFF, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, FEBRUARY 19, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2002 SOUTH CAROLINA 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 Dorman High School Girls Golf Team, its coaching staff, and other school officials on Wednesday, February 19, 2003, at a time to be determined by the Speaker for the purpose of being recognized for winning the 2002 South Carolina Class AAAA State Championship.

The Resolution was adopted.


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CONCURRENT RESOLUTION

The following was introduced:

S. 347 (Word version) -- Senators Patterson, Courson, Giese and Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE ELDER AND MRS. WILLIE J. NELSON OF COLUMBIA UPON CELEBRATING THEIR FIFTIETH WEDDING ANNIVERSARY ON FEBRUARY 15, 2003, AND TO WISH THEM MANY MORE YEARS OF HAPPINESS.

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

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Govan                  Hagood                 Hamilton
Harrell                Harrison               Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kennedy
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
J. M. Neal             Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn

Printed Page 895 . . . . . Thursday, February 13, 2003

Rhoad                  Richardson             Rivers
Sandifer               Scarborough            Scott
Sheheen                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
Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 13.

Amos Gourdine                     Gary Simrill
Seth Whipper                      Todd Rutherford
Harry Ott                         Gloria Haskins
Ralph Davenport                   Robert Walker
Denny Neilson                     Joseph Neal
Leon Howard                       Alex Harvin

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. SINCLAIR a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RICE a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day due to a death 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 Wednesday, February 12.


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DOCTOR OF THE DAY

Announcement was made that Dr. J. Capers Hiott of Sumter is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
02/13/03   TRIPP

CO-SPONSOR ADDED

Bill Number:   H. 3190 (Word version)
Date:   ADD:
02/13/03   MCGEE

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
02/13/03   MCGEE


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CO-SPONSOR ADDED

Bill Number:   H. 3564 (Word version)
Date:   ADD:
02/13/03   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 3229 (Word version)
Date:   ADD:
02/13/03   BARFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3564 (Word version)
Date:   ADD:
02/13/03   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/13/03   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3590 (Word version)
Date:   ADD:
02/13/03   TROTTER

CO-SPONSOR ADDED

Bill Number:   H. 3530 (Word version)
Date:   ADD:
02/13/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3517 (Word version)
Date:   ADD:
02/13/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3516 (Word version)
Date:   ADD:
02/13/03   COTTY


Printed Page 898 . . . . . Thursday, February 13, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3507 (Word version)
Date:   ADD:
02/13/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3488 (Word version)
Date:   ADD:
02/13/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3467 (Word version)
Date:   ADD:
02/13/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3451 (Word version)
Date:   ADD:
02/13/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3450 (Word version)
Date:   ADD:
02/13/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3425 (Word version)
Date:   ADD:
02/13/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3422 (Word version)
Date:   ADD:
02/13/03   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3386 (Word version)
Date:   ADD:
02/13/03   COTTY


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SENT TO THE SENATE

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

H. 3424 (Word version) -- Reps. Harrell, Wilkins, W. D. Smith, Bingham, Chellis, Clyburn, Cotty, Kirsh, Lucas, McCraw, Merrill, Rice, Sheheen, Walker, Young, J. E. Smith, Scott, Altman, Barfield, Battle, Cato, Ceips, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Emory, Gilham, Gourdine, Govan, Hagood, Haskins, Herbkersman, Hinson, Hosey, Huggins, Leach, Limehouse, Littlejohn, Loftis, Lourie, Mahaffey, Martin, Miller, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Quinn, Richardson, Sandifer, Scarborough, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. R. Smith, Stewart, Stille, Talley, Toole, Tripp, Umphlett, Vaughn, Viers, White, Whitmire, Witherspoon, Taylor, Bales, Neilson, Bailey and Thompson: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON STATE APPROPRIATIONS, SO AS TO DELETE THE EXISTING LIMITATION ON APPROPRIATIONS AND IMPOSE A NEW LIMIT EFFECTIVE FOR APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND UPON TIMELY RATIFICATION OF AN AMENDMENT TO ARTICLE X, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, PROVIDING FOR THE REVISED LIMITATION ON APPROPRIATIONS AND AN AMENDMENT TO ARTICLE X ADDING A NEW SECTION ESTABLISHING THE SPENDING LIMIT RESERVE FUND AND PROVIDING FOR ITS USE, TO PROVIDE THAT THE LIMITATION FOR A FISCAL YEAR IS ANNUALIZED APPROPRIATIONS FOR THE CURRENT FISCAL YEAR AS OF FEBRUARY FIFTEENTH, INCREASED BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASE AND INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE; BY ADDING SECTION 11-11-415 SO AS TO ESTABLISH THE SPENDING LIMITATION RESERVE FUND, INTO WHICH ALL SURPLUS GENERAL FUND REVENUES MUST BE CREDITED, AND TO PROVIDE FOR THE PRIORITY USES OF THE


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REVENUES OF THIS FUND, TO PROVIDE FOR THE APPROPRIATION OF FUND REVENUES AFTER THESE PRIORITIES ARE MET, AND TO REQUIRE BY LEGISLATIVE ENACTMENT APPROPRIATION REVENUES OF THIS FUND TO ORIGINATE AS SEPARATE LEGISLATION IN THE HOUSE OF REPRESENTATIVES.

H. 3496 (Word version) -- Reps. Harrell, Wilkins, W. D. Smith, Bingham, Chellis, Clyburn, Cotty, Kirsh, McCraw, Merrill, Rice, Sheheen, Walker, Young, Harvin and Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT FOR THE STATE AND ITS POLITICAL SUBDIVISIONS TO HAVE BUDGET PROCESSES DESIGNED TO KEEP REVENUES AND EXPENDITURES IN BALANCE, THE LIMITATION ON STATE APPROPRIATIONS, AND THE LIMITATIONS ON STATE EMPLOYEES, SO AS TO DELETE THE EXISTING STATE SPENDING LIMITATION AND REQUIRE THE GENERAL ASSEMBLY TO REPLACE IT BY A LAW PROVIDING A LIMIT ON STATE SPENDING FOR A FISCAL YEAR THAT IS THE LESSER OF THE TOTAL OF THE STATE APPROPRIATIONS IN THE PRIOR YEAR PLUS SIX PERCENT OR THE TOTAL OF STATE APPROPRIATIONS IN THE PRIOR YEAR ADJUSTED FOR INFLATION AND POPULATION GROWTH AND PROVIDE THAT THE GENERAL ASSEMBLY IN ENACTING THE LIMIT SHALL DEFINE THE APPROPRIATIONS TO WHICH THE LIMIT APPLIES, AND EXCEPTIONS TO THE LIMIT, AND THE METHOD OF CALCULATING THE LIMIT AND PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A NEW "SPENDING LIMIT RESERVE FUND" TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN A FISCAL YEAR IN EXCESS OF THE APPLICABLE CONSTITUTIONAL SPENDING LIMIT, TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE IMPLEMENTING LAW SHALL DEFINE SURPLUS REVENUES, PROVIDE THE PURPOSES FOR WHICH THE REVENUES CREDITED TO THIS FUND MUST BE USED, AND THE TIMING AND METHOD OF THE GENERAL ASSEMBLY'S APPROPRIATION OF THESE REVENUES AND TO


Printed Page 901 . . . . . Thursday, February 13, 2003

PROVIDE THAT THE IMPLEMENTING LAW MAY NOT BE AMENDED OR REPEALED EXCEPT BY A SPECIAL VOTE DEFINED AS A RECORDED ROLL-CALL VOTE OF AT LEAST TWO-THIRDS OF THE MEMBERS IN EACH BRANCH PRESENT AND VOTING, BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH BRANCH.

H. 3556 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2752, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3557 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ORDERED TO THIRD READING

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

H. 3558 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3559 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-


Printed Page 902 . . . . . Thursday, February 13, 2003

BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2755, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3560 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2756, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 3386 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-60-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE, SO AS TO PRESCRIBE PROFESSIONAL CONDUCT OF APPRAISERS IN CONFORMANCE WITH THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE, (USPAP) AS PROMULGATED BY THE APPRAISAL STANDARDS BOARD OF THE APPRAISAL FOUNDATION.

Rep. BINGHAM explained the Bill.

H. 3078 (Word version) -- Reps. Lucas, Simrill, Coates and Cotty: A BILL TO AMEND SECTION 24-13-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, DETAINEE, PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST, SO AS TO PROVIDE THAT THE TERM "LOCAL CORRECTIONAL FACILITY" INCLUDES, BUT IS NOT LIMITED TO, A LOCAL DETENTION FACILITY.

Rep. LUCAS explained the Bill.

H. 3235 (Word version) -- Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty: A BILL TO AMEND SECTION 1-23-500, AS


Printed Page 903 . . . . . Thursday, February 13, 2003

AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO "ADMINISTRATIVE LAW JUDGE DIVISION" TO "ADMINISTRATIVE LAW COURT" IN THE 1976 CODE; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO ADMINISTRATIVE LAW JUDGES, SO AS TO CLARIFY THAT THE COMMISSION ON JUDICIAL CONDUCT IS RESPONSIBLE FOR ENFORCING AND ADMINISTERING THE CODE OF JUDICIAL CONDUCT WITH RESPECT TO ADMINISTRATIVE LAW JUDGES; AND TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE.

Rep. DELLENEY explained the Bill.

H. 3558--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MILLER, with unanimous consent, it was ordered that H. 3558 (Word version) be read the third time tomorrow.

H. 3559--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MILLER, with unanimous consent, it was ordered that H. 3559 (Word version) be read the third time tomorrow.

H. 3560--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MILLER, with unanimous consent, it was ordered that H. 3560 (Word version) be read the third time tomorrow.

H. 3386--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3386 (Word version) be read the third time tomorrow.


Printed Page 904 . . . . . Thursday, February 13, 2003

H. 3078--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LUCAS, with unanimous consent, it was ordered that H. 3078 (Word version) be read the third time tomorrow.

H. 3235--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3235 (Word version) be read the third time tomorrow.

H. 3564--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3564 (Word version) -- Reps. Richardson, Martin, Battle, Bowers, Ceips, Chellis, Clark, Clyburn, Davenport, Gilham, Harvin, Kirsh, Lloyd, Mahaffey, McCraw, McGee, Neilson, Snow, Stille, Thompson, Walker, Witherspoon, Young, White, Clemmons, Bailey and Viers: A BILL TO AMEND SECTION 27-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A HOMEOWNER OR A TENANT TO DISPLAY THE UNITED STATES FLAG ON HIS REAL PROPERTY, SO AS TO PROVIDE REASONABLE STANDARDS FOR A PORTABLE, REMOVABLE FLAG FOR HOME DISPLAY AND TO APPLY THE PROVISIONS RETROACTIVELY.

Rep. RICHARDSON proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11257AC03), which was adopted:
Amend the bill, as and if amended, by deleting Section 27-1-60(B)(1), page 1, lines 36 through 37 and inserting:
/(1)   on a free standing flagpole between fifteen and twenty feet for home display; or /
Amend the bill further, Section 27-1-60(C), page 2, line 4, be deleting /reasonableness/
Renumber sections to conform.
Amend title to conform.

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

Rep. RICHARDSON explained the Bill.


Printed Page 905 . . . . . Thursday, February 13, 2003

Rep. SKELTON moved to commit the Bill to the Committee on Judiciary.

Rep. RICHARDSON moved to table the motion.

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

Yeas 69; Nays 36

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cooper
Davenport              Delleney               Edge
Emory                  Frye                   Govan
Hagood                 Hamilton               Harrell
Haskins                Herbkersman            Hinson
Hosey                  Huggins                Keegan
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Miller
Ott                    Phillips               Rhoad
Richardson             Sandifer               Scarborough
Simrill                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            Stewart
Thompson               Toole                  Tripp
Trotter                Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--69

Those who voted in the negative are:

Allen                  Bowers                 Branham
Breeland               R. Brown               Cobb-Hunter
Coleman                Cotty                  Dantzler
Duncan                 Freeman                Gourdine

Printed Page 906 . . . . . Thursday, February 13, 2003

Hayes                  J. Hines               M. Hines
Jennings               Kennedy                McLeod
Merrill                Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rivers                 Rutherford             Scott
Sheheen                Skelton                Snow
Stille                 Talley                 Taylor
Umphlett               Weeks                  Whipper

Total--36

So, the motion to commit the Bill was tabled.

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

H. 3297--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3297 (Word version) -- Reps. Huggins and Cotty: A BILL TO AMEND SECTION 40-60-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS, RESTRAINING ORDERS, LICENSING, AND PROCEDURAL REQUIREMENTS FOR REAL ESTATE APPRAISERS, SO AS TO REMOVE THE TIME LIMIT THE BOARD HAS TO RENDER A DECISION AND SERVE NOTICE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5199SL03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 40-60-150(C)(3) of the 1976 Code, as last amended by Act 335 of 2000, is further amended to read:

"(3)   The board shall render a decision and shall serve notice, in writing within thirty days one hundred twenty days, of the board's decision to the applicant or appraiser charged. The board also shall state in the notice the date the ruling or decision becomes effective.
SECTION   2.   Section 40-60-150(C) of the 1976 Code is amended by adding at the end to read:


Printed Page 907 . . . . . Thursday, February 13, 2003

(4)     An applicant who petitions the board for licensure must be notified, in writing within thirty days, of the board's decision."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3297--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3297 (Word version) be read the third time tomorrow.

H. 3198--POINT OF ORDER

The following Bill was taken up:

H. 3198 (Word version) -- Reps. Easterday, Altman, Coates, Sandifer, McGee and Clemmons: A BILL TO AMEND SECTION 30-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.

POINT OF ORDER

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

H. 3163--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3163 (Word version) -- Reps. Delleney and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 908 . . . . . Thursday, February 13, 2003

SECTION 14-1-235 SO AS TO PROHIBIT A JUDGE, COURT, OR COURT OFFICIAL FROM APPOINTING AN ATTORNEY TO REPRESENT A PARTY IN A CIVIL ACTION UNLESS THE AUTHORITY TO MAKE THE APPOINTMENT IS PROVIDED SPECIFICALLY BY LAW.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9437ZW03), which was adopted:
Amend the bill, as and if amended, SECTION 1, on line 27, by deleting /law/ and inserting /statute/ so that when amended the section reads:

/ Section 14-1-235.   A judge, court, or court official may not appoint an attorney to represent a party in a civil action unless the authority to make the appointment is provided by statute. /
Amend title to conform.

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

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

H. 3163--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3163 (Word version) be read the third time tomorrow.

H. 3589--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3589 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT NEW APPLICATIONS MAY BE ACCEPTED UNDER THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM FOR A SPECIFIED PERIOD OF TIME UNDER CERTAIN CONDITIONS.

POINT OF ORDER

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


Printed Page 909 . . . . . Thursday, February 13, 2003

ORDERED ENROLLED FOR RATIFICATION

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

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

SENT TO THE SENATE

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

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.

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.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

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

H. 3583 (Word version) -- Reps. Neilson, J. Hines, Gourdine, Hosey, Govan, Barfield, Battle, Bowers, Davenport, Freeman, M. Hines, Leach,


Printed Page 910 . . . . . Thursday, February 13, 2003

McCraw, Miller, Moody-Lawrence, Phillips, G. M. Smith, J. R. Smith, Snow, Thompson, Vaughn and Weeks: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, AND SPECIFICALLY THE HONORABLE JOHN SPRATT, TO AWARD WILLIAM G. "BILLY" FARROW THE CONGRESSIONAL MEDAL OF HONOR FOR HIS VALOR EXHIBITED IN LAYING DOWN HIS LIFE FOR HIS COUNTRY DURING DOOLITTLE'S RAID ON TOKYO, APRIL 18, 1942.
Ordered for consideration tomorrow.

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

H. 3546 (Word version) -- Reps. Clemmons, Barfield, Edge, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BOB GRISSOM PARKWAY CONNECTOR-HIGHWAY 17 BYPASS OVERPASS IN HORRY COUNTY IN HONOR OF THE LATE PRIVATE FIRST CLASS JOSEPH JOHN "JOE" MCGARRY OF THE MYRTLE BEACH POLICE DEPARTMENT, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS OVERPASS CONTAINING THE WORDS "PFC JOE MCGARRY OVERPASS".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3609 (Word version) -- Reps. Wilkins, Quinn, Altman, Barfield, Bingham, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Harrell, Harrison, Haskins, Herbkersman, Hinson, Huggins, Keegan, Koon, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, McGee, Merrill, Owens, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rice, Richardson, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS SINCERE APPRECIATION TO CAMERON FOLSOM CRAWFORD FOR HIS EXCELLENT


Printed Page 911 . . . . . Thursday, February 13, 2003

SERVICE AS THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES REPUBLICAN CAUCUS AND TO EXTEND BEST WISHES TO HIM IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3610 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FUTURE FARMERS OF AMERICA (FFA) MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION ON THE OCCASION OF THE OBSERVANCE OF NATIONAL FFA WEEK, FEBRUARY 16-23, 2003.

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

INTRODUCTION OF BILLS

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

H. 3611 (Word version) -- Reps. J. E. Smith, Scott, Rutherford, Govan, Battle, Cobb-Hunter, Hosey, Jennings, Lourie, Miller, Ott, F. N. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-75 SO AS TO PROVIDE THAT MEETINGS OF THE GOVERNOR WITH AGENCY OR DEPARTMENT HEADS HE APPOINTS TOGETHER WITH ANY OTHER PUBLIC OFFICIALS OR EMPLOYEES INVITED TO ATTEND MUST BE OPEN TO THE PUBLIC IN THE SAME MANNER AND UNDER THE SAME CONDITIONS THAT MEETINGS OF PUBLIC BODIES MUST BE OPEN TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT.
Referred to Committee on Judiciary

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


Printed Page 912 . . . . . Thursday, February 13, 2003

G. Brown, J. Brown, Ceips, Cobb-Hunter, Dantzler, Freeman, Gourdine, Harvin, Hayes, Herbkersman, Lee, Martin, 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.
Referred to Committee on Ways and Means

H. 3613 (Word version) -- Reps. Duncan, Coates, M. A. Pitts and Witherspoon: A BILL TO AMEND SECTION 50-11-1050, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO REMOVE DESTRUCTIVE WILDLIFE, SO AS TO FURTHER PROVIDE THAT A PERMIT ISSUED FOR THE REMOVAL OF DESTRUCTIVE BEAVERS IS VALID FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ISSUE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


Printed Page 913 . . . . . Thursday, February 13, 2003

H. 3614 (Word version) -- Reps. Limehouse, Allen, Altman, Branham, Breeland, Ceips, Coates, Duncan, Frye, Hamilton, Hayes, Hosey, Koon, McCraw, Merrill, Miller, Phillips, M. A. Pitts, Richardson, Rivers, Scarborough, F. N. Smith, J. R. Smith, Snow, Tripp and Viers: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A DEDUCTION OF REWARD MONEY PAID TO A RESIDENT INDIVIDUAL TAXPAYER FOR INFORMATION PROVIDED BY THE TAXPAYER DIRECTLY LEADING TO THE REMOVAL AS A THREAT OF AN INTERNATIONAL TERRORIST AND TO PROVIDE THAT REWARD MONEY DOES NOT INCLUDE THE REGULAR PAY AND ALLOWANCES OF LAW ENFORCEMENT OFFICERS AND MEMBERS OF THE ARMED FORCES OF THE UNITED STATES.
Referred to Committee on Ways and Means

H. 3615 (Word version) -- Rep. Taylor: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 5, 2002, AND JANUARY 23 AND 24, 2003, BY THE STUDENTS OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. TAYLOR, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3616 (Word version) -- Reps. Cato, Wilkins and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37 RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT; TO DEFINE THE SUBJECT LOANS; TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES; TO


Printed Page 914 . . . . . Thursday, February 13, 2003

PROVIDE FOR APPLICATION OF SOUTH CAROLINA LAW TO HIGH-COST HOME LOAN AGREEMENTS; TO REQUIRE A HIGH-COST HOME LOAN LENDER TO PROVIDE ADDITIONAL DISCLOSURES TO THE BORROWER AND TO ENSURE THAT THE BORROWER IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS; TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN; TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN; TO PROVIDE THAT A BAD-FAITH VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE SUBJECT TO CHAPTER 5 OF TITLE 39; TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, DIRECTOR OF THE CONSUMER FINANCE DIVISION OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, OR A PARTY TO THE LOAN; TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER; TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING THE PROHIBITION OF "FLIPPING" A LOAN AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN; TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE; TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, DIRECTOR OF THE CONSUMER FINANCE DIVISION OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, OR A PARTY TO THE CONSUMER HOME LOAN; TO PROVIDE FOR PENALTIES AND REMEDIES, INCLUDING ATTORNEY'S FEES; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT OF MISCELLANEOUS LOANS, SO AS TO PROVIDE FOR PREPAYMENT WITHOUT PENALTY OF A CONSUMER HOME LOAN OF LESS THAN ONE HUNDRED FIFTY THOUSAND DOLLARS; AND TO AMEND SECTION 37-1-109, AS AMENDED, RELATING TO CHANGING

Printed Page 915 . . . . . Thursday, February 13, 2003

DOLLAR AMOUNTS USED IN THE CONSUMER PROTECTION CODE, SO AS TO REFLECT THE DOLLAR AMOUNT FOR PREPAYMENT OF A CONSUMER HOME LOAN WITHOUT PENALTY.
Referred to Committee on Labor, Commerce and Industry

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.
Referred to Committee on Labor, Commerce and Industry

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3520 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 26, 2003.

H. 3544 (Word version) -- Reps. Huggins, 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,


Printed Page 916 . . . . . Thursday, February 13, 2003

Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXTENDING THE SINCEREST GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO OUR FORMER COLLEAGUE, JOHN W. "BILL" RISER, FOR HIS DECADE OF DEDICATED SERVICE TO HOUSE DISTRICT NO. 69 IN LEXINGTON COUNTY AND THE STATE OF SOUTH CAROLINA, AND WISHING FOR HIM CONTINUED OPPORTUNITIES TO WORK WITH AND SERVE THE PEOPLE HE LOVES SO WELL.

H. 3545 (Word version) -- Rep. Merrill: A CONCURRENT RESOLUTION TO COMMEND, CONGRATULATE, AND HONOR MARION THEODORE DUDLEY OF HANAHAN, FOR HIS MANY YEARS OF OUTSTANDING LEADERSHIP AND PUBLIC SERVICE IN THE UNITED STATES NAVY DURING AND AFTER WORLD WAR II, AND AS A VOCATIONAL SCHOOL TEACHER, MEMBER OF THE HANAHAN CITY COUNCIL AND MAYOR OF THE CITY OF HANAHAN, AND TO WISH HIM AND HIS FAMILY THE VERY BEST OF HEALTH AND HAPPINESS, AND EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

H. 3547 (Word version) -- Reps. W. D. Smith and Martin: A CONCURRENT RESOLUTION APPLAUDING SOUTH CAROLINA NATIVE JONATHAN BYRD ON HIS SELECTION AS THE 2002 PGA TOUR ROOKIE OF THE YEAR AND WISHING HIM CONTINUED SUCCESSES ON THE LINKS AND IN LIFE.

H. 3561 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF ARIE


Printed Page 917 . . . . . Thursday, February 13, 2003

LANDRUM OF BISHOPVILLE, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3562 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, 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, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. COLETTE MURRAY SWANN OF RICHLAND COUNTY ON BEING NAMED THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION'S 2002 EMPLOYEE OF THE YEAR (HEADQUARTERS), AND TO WISH HER CONTINUED SUCCESS IN HER FUTURE ENDEAVORS.

H. 3574 (Word version) -- Reps. Huggins and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPIN HIGH SCHOOL GIRLS CROSS COUNTRY TEAM FOR WINNING THE STATE CLASS AA CROSS COUNTRY CHAMPIONSHIP FOR 2002.

H. 3578 (Word version) -- Reps. J. Hines, Neilson and Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAMAR HIGH SCHOOL SILVER FOXES FOOTBALL TEAM ON WINNING ITS FIRST CLASS A STATE CHAMPIONSHIP ON SATURDAY, DECEMBER 7, 2002, COMMEND THE PLAYERS, COACHES, AND STAFF FOR THEIR HARD WORK AND DEDICATION, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.


Printed Page 918 . . . . . Thursday, February 13, 2003

H. 3585 (Word version) -- Rep. Clark: A CONCURRENT RESOLUTION TO WELCOME BRUCE SCHWARTZ OF BISMARCK, NORTH DAKOTA, A DIRECTOR OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS, TO SOUTH CAROLINA AND TO COMMEND HIM FOR HIS TIRELESS EFFORTS AND LEADERSHIP ON BEHALF OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS.

ADJOURNMENT

At 11:05 a.m. the House, in accordance with the motion of Rep. FREEMAN, adjourned in memory of Virginia "Jean" Outen of Pageland, to meet at 10:00 a.m. tomorrow.

***

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