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


Printed Page 1969 . . . . . Thursday, March 18, 2004

Thursday, March 18, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Proverbs 3:5: "Trust in the Lord with all your heart and lean not on your own understanding."
Let us pray. Heavenly Father, we thank You for having given us freedom to live as citizens of this great State. Keep us from becoming indiscreet, from acting rashly, from neglecting the rights of others. Give these women and men the zeal to join in efforts for the common good. We pray for Rep. Skelton, guide the hand of the surgeon and touch him with your healing. Watch over all who govern in the State and Nation. Give protection, guidance, and support to our defenders of freedom. Hear us as we pray. 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. KEEGAN moved that when the House adjourns, it adjourn in memory of Jennifer Highsmith of Surfside Beach, which was agreed to.

INTRODUCTION OF BILLS

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

H. 4989 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 6-11-2020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A REFERENDUM TO DISSOLVE A SPECIAL PURPOSE DISTRICT, SO AS TO REDUCE FROM TWO-THIRDS TO A MAJORITY VOTE REQUIREMENT TO DISSOLVE A DISTRICT; TO AMEND SECTION 6-11-2040, RELATING TO THE CONTENTS OF A PETITION NECESSARY TO INITIATE A REFERENDUM TO


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DISSOLVE A SPECIAL PURPOSE DISTRICT, SO AS TO REDUCE FROM FORTY TO THIRTY-THREE THE PERCENTAGE OF QUALIFIED ELECTORS NECESSARY TO SIGN THE PETITION AND DELETE THE REQUIREMENT THAT THE AMOUNT OF OUTSTANDING BONDS BE PRINTED ON THE PETITION; TO AMEND SECTION 6-11-2060, RELATING TO THE REQUIREMENT THAT THE PETITION BE FORWARDED TO A SUCCESSOR PROVIDER, SO AS TO REDUCE FROM FORTY TO THIRTY-THREE THE PERCENTAGE REQUIRED IN THE PETITION TO INITIATE A REFERENDUM; TO AMEND SECTION 6-11-2070, RELATING TO AUTHORIZATION OF THE REFERENDUM TO BE HELD TO DISSOLVE A SPECIAL PURPOSE DISTRICT, SO AS TO CHANGE THE TIME IT MAY BE CONDUCTED AND BY THE ENTITY CHARGED BY LAW WITH CONDUCTING AN ELECTION INSTEAD OF THE GOVERNING BODY OF THE DISTRICT; TO AMEND SECTION 6-11-2080, RELATING TO THE PUBLICATION OF THE NOTICE OF THE REFERENDUM TO DISSOLVE A SPECIAL PURPOSE DISTRICT, SO AS TO DELETE THE REQUIREMENT THAT THE AMOUNT OF THE OUTSTANDING BOND BE PRINTED IN THE NOTICE; AND TO AMEND SECTION 6-11-2090, RELATING TO LOCATION AND TIME FOR CONDUCTING A REFERENDUM TO DISSOLVE A SPECIAL PURPOSE DISTRICT, SO AS TO AUTHORIZE THE REFERENDUM TO BE CONDUCTED IN NOVEMBER OF THE NEXT YEAR INSTEAD OF AT THE TIME OF THE GENERAL ELECTION.
Referred to Committee on Judiciary

H. 4990 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS,


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RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF.
Referred to Committee on Labor, Commerce and Industry

H. 4991 (Word version) -- Reps. Harrell, Jennings, Altman, Battle, Bingham, Chellis, Clark, Cotty, Dantzler, Davenport, Hinson, Leach, Mack, McGee, Merrill, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rice, Scarborough, Simrill, J. R. Smith, Snow, Toole, Townsend, Tripp, Trotter and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 IN CHAPTER 36 OF TITLE 12 SO AS TO IMPOSE AN ADDITIONAL STATE SALES AND USE TAX EQUAL TO ONE PERCENT ON AMOUNTS SUBJECT TO THE FIVE PERCENT STATE SALES AND USE TAX AND TO EXEMPT FROM THIS ADDITIONAL TAX FOOD ITEMS WHICH MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, ITEMS SUBJECT TO A MAXIMUM SALES, USE, AND CASUAL EXCISE TAX, AND GROSS PROCEEDS SUBJECT TO THE STATE SALES TAX ON ACCOMMODATIONS, TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PHASE IN AN EXEMPTION FOR MOTOR VEHICLES FROM PROPERTY TAX, TO ADD SECTION 11-11-180 SO AS TO CREDIT THE REVENUE OF THE ADDITIONAL SALES AND USE TAX IMPOSED BY THIS ACT TO A SEPARATE FUND IN THE STATE TREASURY AND DISTRIBUTE THE REVENUE OF THIS FUND TO LOCAL PROPERTY TAXING ENTITIES TO PROVIDE THEM STATE REVENUE IN LIEU OF PROPERTY TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION ALLOWED FOR MOTOR VEHICLES AND TO PROVIDE THE METHOD AND TIMING OF THESE PAYMENTS, TO AMEND SECTIONS 12-36-60, 12-36-90, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO DEFINITIONS AND EXEMPTIONS FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXTEND THE STATE SALES TAX TO SOUTH CAROLINA EDUCATION LOTTERY TICKETS, TO ADD SECTION 12-36-2140 SO AS TO EXEMPT SOUTH CAROLINA EDUCATION LOTTERY TICKETS FROM LOCAL SALES AND USE TAXES AND TO DELETE VARIOUS OTHER SALES AND USE TAX


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EXEMPTIONS, TO AMEND SECTION 59-150-350, AS AMENDED, RELATING TO MANAGEMENT OF THE EDUCATION LOTTERY ACCOUNT, SO AS TO PROVIDE THAT AN AMOUNT ALLOWED FOR LOTTERY ADMINISTRATIVE EXPENSES MUST BE CREDITED TO THE MOTOR VEHICLE TAX RELIEF AND PUBLIC EDUCATION FUND ESTABLISHED BY THIS ACT, TO AMEND SECTION 59-150-70, RELATING TO THE REGULATORY AUTHORITY OF THE SOUTH CAROLINA EDUCATION LOTTERY COMMISSION, SO AS TO PROVIDE THAT THE TICKET PRICE MUST BE SET BY THE COMMISSION SO THAT WHEN STATE SALES TAX IS ADDED THE SALES PRICE, INCLUDING TAX, MUST EQUAL ONE DOLLAR, AND TO REPEAL ARTICLE 21, CHAPTER 37 OF TITLE 12, AND ARTICLE 5, CHAPTER 10 OF TITLE 4, ALL RELATING TO, AMONG OTHER THINGS, PROPERTY TAXES AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS ACT, TO AMEND CHAPTER 20 OF TITLE 59, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT OF 1977, SO AS TO REDEFINE CERTAIN TERMS AND DELETE THE DEFINED MINIMUM PROGRAM; TO RAISE THE ACADEMIC STANDARDS AND ENSURE THAT STUDENTS CAN ACHIEVE AT HIGH ACADEMIC STANDARDS; TO REDUCE THE CLASSROOM SIZE FROM TWENTY-EIGHT TO TWENTY-ONE PUPILS AND FUND THE CLASSROOM SIZE AT TWENTY-ONE PUPILS; TO PROVIDE THAT TEACHERS MUST BE COMPENSATED FOR FIVE DAYS OF PROFESSIONAL DEVELOPMENT AND IMPLEMENT A 195-DAY CONTRACT YEAR; TO CHANGE THE WEIGHTINGS PER PUPIL AND TO ADD WEIGHTINGS FOR CERTAIN TYPES OF PUPILS INCLUDING GIFTED AND TALENTED, CAREER EXPLORATION, PREVENTION, AND LIMITED ENGLISH PROFICIENCY; TO PROVIDE THAT THE BASE STUDENT COST MUST BE $5,079, OF WHICH SEVENTY PERCENT IS THE STATE'S SHARE; TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION AND THE STATE BOARD OF EDUCATION SHALL REVIEW AND RECOMMEND CHANGES TO THEIR REGULATIONS TO THE GENERAL ASSEMBLY; TO REPEAL SECTIONS 59-21-160, RELATING TO STATE APPROPRIATIONS FOR SCHOOL DISTRICT EMPLOYER CONTRIBUTIONS, AND 59-21-1030, RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF EACH

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SCHOOL DISTRICT; TO PROVIDE THAT THE OFFICE OF STATE BUDGET, IN CONSULTATION WITH CERTAIN AGENCIES, SHALL FORMAT THE DEPARTMENT OF EDUCATION'S BUDGET TO COMPLY WITH THE CHANGES MADE IN THIS ACT TO THE EDUCATION FINANCE ACT.
Referred to Committee on Ways and Means

H. 4992 (Word version) -- Reps. Harrell, Jennings, Altman, Battle, Bingham, Chellis, Clark, Cotty, Dantzler, Davenport, Hinson, Leach, Mack, McGee, Merrill, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rice, Scarborough, Simrill, J. R. Smith, Snow, Toole, Townsend, Tripp, Trotter and Umphlett: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 3A. SO AS TO PROVIDE THAT BEGINNING WITH THE CALENDAR YEAR 2007, PRIVATE PASSENGER MOTOR VEHICLES AND PICK-UP TRUCKS AS DEFINED BY THE GENERAL ASSEMBLY BY LAW ARE EXEMPT FROM ALL AD VALOREM TAXATION BY ANY JURISDICTION IN THIS STATE AUTHORIZED TO LEVY PROPERTY TAXES, AND TO AMEND SECTION 1(8), ARTICLE X, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX INCLUDING REDUCED ASSESSMENT RATIOS FOR PERSONAL MOTOR VEHICLES ON A GRADUATED BASIS, AND SECTION 3, ARTICLE X, RELATING TO PROPERTY TAX EXEMPTIONS INCLUDING THE AUTHORITY OF A COUNTY GOVERNING BODY TO IMPOSE A SALES AND USE TAX IN ORDER TO EXEMPT CERTAIN PERSONAL PROPERTY FROM TAXATION, SO AS TO CONFORM BOTH THESE SECTIONS TO THE PROVISIONS OF SECTION 3A. ABOVE.
Referred to Committee on Ways and Means

S. 604 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION,


Printed Page 1974 . . . . . Thursday, March 18, 2004

AND TO PROVIDE IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 816 (Word version) -- Senators Ford and Kuhn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO MODIFY THE MONUMENT ERECTED ON THE GROUNDS OF THE CAPITOL COMPLEX IN RECOGNITION OF THE ACCOMPLISHMENTS OF THE LATE STROM THURMOND, UNITED STATES SENATOR FROM THE PALMETTO STATE, SO AS TO INCLUDE THE NAME OF ESSIE MAE WASHINGTON-WILLIAMS AMONG THE ENGRAVED NAMES OF HIS CHILDREN.
Referred to Committee on Judiciary

S. 828 (Word version) -- Senators Leatherman and Cromer: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS REGULATING PHARMACIES INCLUDING, AMONG OTHER THINGS, FACILITY REQUIREMENTS AND SUPERVISORY REQUIREMENTS FOR PHARMACISTS AND PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT A PHARMACIST MAY NOT SUPERVISE MORE THAN THREE PHARMACY TECHNICIANS AND THAT THROUGH JUNE 30, 2006, ONE OF THESE THREE TECHNICIANS MUST BE STATE-CERTIFIED AND THAT AFTER JUNE 30, 2006, TWO MUST BE STATE-CERTIFIED, AND IF A PHARMACIST SUPERVISES ONE OR TWO TECHNICIANS, THEY ARE NOT REQUIRED TO BE CERTIFIED.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 946 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-1710 THROUGH 59-53-1760 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 20, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 20, CHAPTER 53, TITLE 59, RELATING TO THE MIDLANDS TECHNICAL COLLEGE, SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR


Printed Page 1975 . . . . . Thursday, March 18, 2004

PURPOSES OF THE DEVELOPMENT OF THE NORTHEAST CAMPUS, TO PROVIDE FOR THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Referred to Committee on Education and Public Works

S. 949 (Word version) -- Senators Leatherman and Ford: A BILL TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, POLICIES, AND RECORDKEEPING, SO AS TO, AMONG OTHER THINGS, FURTHER SPECIFY PROCEDURES FOR HANDLING CHECKS RECEIVED AS ESCROW OR SECURITY DEPOSITS FOR SALES OR LEASE AGREEMENTS AND PROCEDURES FOR MARKETING LISTINGS BY COMPANIES THAT ARE MEMBERS OF A MULTIPLE LISTING SERVICE; TO AUTHORIZE REAL ESTATE LICENSEES TO USE PUBLIC INFORMATION TO CONTACT INDIVIDUALS BY TELEPHONE, MAIL, OR ELECTRONIC MAIL FOR THE PURPOSE OF SELLING OR MARKETING REAL PROPERTY; TO FURTHER SPECIFY POLICIES RELATING TO DUAL AGENCY, CONTENTS OF LISTING OR BUYER'S AGREEMENTS, AND PROPERTY MANAGEMENT AGREEMENTS; AND TO SPECIFY REAL ESTATE TRANSACTION ACTIVITIES THAT MUST NOT BE CONDUCTED BY AN UNLICENSED INDIVIDUAL EMPLOYED OR SUPERVISED BY AN OWNER OF A REAL ESTATE COMPANY; TO AMEND SECTION 40-57-137, RELATING TO REAL ESTATE BROKERAGE COMPANY DUTIES TO CLIENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST AN AGENT WHO HAS TRUTHFULLY DISCLOSED KNOWN DEFECTS TO A BUYER OR AGAINST A REAL ESTATE LICENSEE FOR INFORMATION CONTAINED IN VARIOUS REPORTS, SUCH AS TERMITE AND HOME INSPECTIONS; TO SPECIFY PROCEDURES FOR OBTAINING INFORMED CONSENT TO ACT AS A DUAL AGENT; TO SPECIFY AN EXCEPTION TO REQUIRING A DUAL AGENCY RELATIONSHIP WHEN A LICENSEE IN A COMPANY'S MAIN OFFICE CONDUCTS BUSINESS IN A BRANCH OFFICE; TO SPECIFY SERVICES A LICENSEE MAY PROVIDE TO REAL ESTATE CUSTOMERS AND POLICIES AND


Printed Page 1976 . . . . . Thursday, March 18, 2004

PROCEDURES FOR PROVIDING THESE SERVICES; TO ESTABLISH REQUIREMENTS THAT A BROKER-IN-CHARGE MUST SATISFY TO ASSIGN DESIGNATED AGENTS TO EXCLUSIVELY REPRESENT DIFFERENT CLIENTS IN THE SAME TRANSACTION; TO FURTHER PROVIDE FOR THE TRANSACTION OF REAL ESTATE BUSINESS BY DESIGNATED AGENTS AND TO PROVIDE THAT COMPENSATION OR THE PROMISE OF COMPENSATION DOES NOT DETERMINE WHETHER AN AGENCY RELATIONSHIP HAS BEEN CREATED; TO AMEND SECTION 40-57-139, RELATING TO AGENCY DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT FORMS REGARDING THE RELATIONSHIP CREATED BETWEEN THE LICENSEE AND THE CUSTOMER MUST BE ACKNOWLEDGED IN THE LISTING, BUYER'S, OR AGENCY AGREEMENT; TO REQUIRE AN AGENCY RELATIONSHIP TO BE CREATED BEFORE RATIFICATION OF THE REAL ESTATE SALES AGREEMENT, TO SPECIFY CONDITIONS UNDER WHICH AN AGENCY RELATIONSHIP DOES NOT EXIST, AND TO PROVIDE EXCEPTIONS TO THESE AGENCY DISCLOSURE REQUIREMENTS; TO AMEND SECTION 40-57-140, RELATING TO THE EFFECT OF TERMINATION, EXPIRATION, OR COMPLETION OF AGENCY AGREEMENTS, SO AS TO REQUIRE CONTINUED CONFIDENTIALITY OF CONFIDENTIAL INFORMATION AND TO PROVIDE THAT THE DUTY TO BE TRUTHFUL PREVAILS OVER MAINTAINING CONFIDENTIALITY; TO AMEND SECTION 40-57-145, RELATING TO GROUNDS FOR DENIAL OF LICENSURE AND FOR DISCIPLINARY ACTIONS, SO AS TO FURTHER SPECIFY ELEMENTS OF THESE GROUNDS AND TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 40-57-150, RELATING TO INVESTIGATIONS OF VIOLATIONS, SO AS TO EXTEND THE TIME WITHIN WHICH THE REAL ESTATE COMMISSION MUST RENDER A DECISION AND TO AUTHORIZE THE COMMISSION TO RECOVER THE COSTS OF THE INVESTIGATION AND PROSECUTION; AND TO AMEND SECTION 40-57-180, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT NO CAUSE OF ACTION EXISTS FOR FAILURE OF A LICENSEE TO DISCLOSE THE LOCATION OF SEX OFFENDERS AND CERTAIN OFF-SITE HAZARDS OR PSYCHOLOGICAL

Printed Page 1977 . . . . . Thursday, March 18, 2004

IMPACTS; AND TO REQUIRE APPROVED INSTRUCTORS TO ATTEND DEVELOPMENT WORKSHOPS OR TO PROVIDE EVIDENCE OF CONTINUING EDUCATION.
Referred to Committee on Labor, Commerce and Industry

S. 1044 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-740 SO AS TO AUTHORIZE THE AREA COMMISSION OF FLORENCE-DARLINGTON TECHNICAL COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE COMMISSION, TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO SUCH AN AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF SUCH AN AGREEMENT, TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A LEASE OR LEASE PURCHASE AGREEMENT WITH A PRIVATE ENTITY FOR IT TO OCCUPY A COLLEGE FACILITY OR A FACILITY TO BE BUILT BY THE COLLEGE ON COLLEGE PROPERTY FOR THE PURPOSE OF CONDUCTING AN ENTREPRENEUR OR COMMERCIAL ACTIVITY, AND TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A GROUND LEASE WITH A PRIVATE ENTITY FOR THE PRIVATE ENTITY TO BUILD A FACILITY ON PROPERTY OF THE COLLEGE IN WHICH IT WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.
On motion of Rep. MCGEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons

Printed Page 1978 . . . . . Thursday, March 18, 2004

Clyburn                Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
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                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Richardson             Sandifer               Scarborough
Scott                  Simrill                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 18.

Anne Parks                        Phillip Sinclair
Grady Brown                       Joseph Neal
Lonnie Hosey                      Ralph Davenport
Bessie Moody-Lawrence             Douglas Jennings
James E. Stewart                  Alex Harvin

Total Present--116


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LEAVE OF ABSENCE

The SPEAKER granted Rep. SKELTON a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day to attend a meeting.

DOCTOR OF THE DAY

Announcement was made that Dr. John B. DuBose of Camden is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. MCLEOD presented to the House the Chapin High School Girls Cross Country Team, the 2003 Class AA Champions, and their coaches.

SPECIAL PRESENTATION

Reps. VIERS, BARFIELD, HAYES, CLEMMONS, EDGE, KEEGAN, MILLER and WITHERSPOON presented to the House the Coastal Carolina University Womens Cross Country Team, the 2003 Big South Conference Champions, the Womens Track and Field Team, the 2004 Big South Indoor Track Champions, and their coaches.

CO-SPONSOR 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."


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CO-SPONSOR ADDED

Bill Number:   H. 4970 (Word version)
Date:   ADD:
03/18/04   TOOLE

SENT TO THE SENATE

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

H. 4942 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 12, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN CHEROKEE COUNTY SCHOOL DISTRICT NO. 1 WHEN THE SCHOOL WAS CLOSED DUE TO A WATER MAIN BREAK AND SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, RESPECTIVELY, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4960 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 56 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4961 (Word version) -- Reps. Talley and Lee: A JOINT RESOLUTION TO AMEND ACT 761 OF 1964, RELATING TO THE CREATION OF THE ARKWRIGHT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO ITS BOARD OF FIRE CONTROL WHO BOTH SHALL SERVE FOR A TERM OF SIX YEARS.


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ORDERED TO THIRD READING

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

H. 4965 (Word version) -- Rep. Anthony: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN UNION COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 998 (Word version) -- Senator Moore: A BILL TO AMEND ACT 178 OF 1995 BY ADDING A NEW PARAGRAPH TO SECTION 1 REQUIRING THE EXECUTIVE DIRECTOR OF THE COUNTY BOARD OF ELECTION, UPON RECOMMENDATION OF THE MCCORMICK COUNTY COUNCIL, BE APPOINTED BY A MAJORITY VOTE OF THE SENATORS AND HOUSE OF REPRESENTATIVES MEMBERS REPRESENTING MCCORMICK COUNTY TO SERVE FOR A TERM OF TWO YEARS.

H. 4970 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN GREENWOOD COUNTY SCHOOL DISTRICT NO. 51 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 979 (Word version) -- Senators Ravenel, Kuhn, McConnell, Branton, Mescher and Grooms: A BILL TO AMEND ACT 722 OF 1976, AS AMENDED, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO REVISE THE MANNER IN WHICH THE BOARD IS APPOINTED, AND TO DESIGNATE ONE MEMBER TO SERVE AS SECRETARY/TREASURER OF THE BOARD.


Printed Page 1982 . . . . . Thursday, March 18, 2004

H. 4969 (Word version) -- Reps. Talley, Anthony, Davenport, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Walker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

H. 4965--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ANTHONY, with unanimous consent, it was ordered that H. 4965 (Word version) be read the third time tomorrow.

S. 998--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PARKS, with unanimous consent, it was ordered that S. 998 (Word version) be read the third time tomorrow.

H. 4970--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. M. A. PITTS, with unanimous consent, it was ordered that H. 4970 (Word version) be read the third time tomorrow.

S. 979--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SCARBOROUGH, with unanimous consent, it was ordered that S. 979 (Word version) be read the third time tomorrow.

H. 4969--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TALLEY, with unanimous consent, it was ordered that H. 4969 (Word version) be read the third time tomorrow.

H. 4797--POINT OF ORDER

The following Bill was taken up:

H. 4797 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEGINNER'S PERMITS, SO AS TO PROVIDE THAT A STUDENT WHO IS FIFTEEN


Printed Page 1983 . . . . . Thursday, March 18, 2004

YEARS OF AGE ENROLLED IN A HIGH SCHOOL DRIVER'S TRAINING COURSE IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTION 56-5-6140 RELATING TO THE DEPARTMENT OF MOTOR VEHICLES PROVIDING A COPY OF MOVING VIOLATION CHARGES AGAINST A PERSON UNDER THE AGE OF EIGHTEEN TO THE OWNER OF THE VEHICLE USED DURING THE VIOLATION.

POINT OF ORDER

Rep. GILHAM 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. 4803--POINT OF ORDER

The following Bill was taken up:

H. 4803 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUING PERMITS TO OWNERS OF GOLF CARTS THAT ALLOW THE GOLF CARTS TO BE OPERATED ON HIGHWAYS AND STREETS, SO AS TO PROVIDE THAT TO OBTAIN A PERMIT THE OWNER OF A GOLF CART SHALL PROVIDE THE DEPARTMENT PROOF OF ITS OWNERSHIP.

POINT OF ORDER

Rep. GILHAM 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. 4798--POINT OF ORDER

The following Bill was taken up:

H. 4798 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-265 SO AS TO PROVIDE THAT THE DEPARTMENT OF


Printed Page 1984 . . . . . Thursday, March 18, 2004

MOTOR VEHICLES MAY ACCEPT ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES; TO PROVIDE A FEE FOR COMMERCIAL PARTIES WHO TRANSMIT OR RETRIEVE DATA FROM THE DEPARTMENT, AND TO PROVIDE FOR THE COLLECTION AND DISBURSEMENT OF THIS FEE.

POINT OF ORDER

Rep. GILHAM 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. 4731--POINT OF ORDER

The following Bill was taken up:

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

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5902CM04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-850.   (A)   As used in this section, 'funeral procession' means two or more vehicles accompanying the body of a deceased person when each vehicle has its headlights on or is displaying a pennant attached in a manner as to clearly be visible to approaching traffic, or is escorted by a law enforcement vehicle.

(B)   A vehicle in a funeral procession has the right-of-way at an intersection and may proceed through the intersection if the procession


Printed Page 1985 . . . . . Thursday, March 18, 2004

is led by an escort vehicle displaying flashing yellow, red, or blue lights, except when:

(1)   an emergency vehicle requires the right-of-way;

(2)   vehicles in the procession are directed otherwise by a law enforcement officer; or

(3)   the vehicle is a train or locomotive.

(C)   Before assuming the right-of-way, a person who drives a vehicle in a funeral procession shall exercise caution with regard to crossing traffic.

(D)   A person who drives a vehicle that is not part of a funeral procession shall not drive the vehicle between the vehicles of the funeral procession or interfere with the progress of the procession, except when the:

(1)   person is authorized to do so by a law enforcement officer; or

(2)   vehicle is an emergency vehicle.

(E)   A person who drives a vehicle that is not a part of a funeral procession shall not illuminate the vehicle headlights or engage in any other act for the purpose of securing the right-of-way granted to funeral processions.

(F)   The escort vehicle, hearse, or other vehicles in a funeral procession may be equipped with flashing amber lights for the purpose of notifying the general public of the procession and gaining the right-of-way at intersections, or signaling the end of a procession.

(G)   A person authorized to use flashing lights may use them while accompanying a funeral procession to warn traffic that a procession is approaching or that it is in progress.

(H)   When a funeral procession is in progress, a person driving a vehicle not in the procession shall not pass in either direction or overtake any vehicle in the procession unless the:

(1)   person is directed to do so by a law enforcement officer;

(2)   procession is on a street, road, or highway outside the corporate limits of a city or town;

(3)   driver is traveling in the opposite direction on a divided multi-lane highway, road, or street; or

(4)   procession is on an interstate highway or a state parkway.

(I)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION   2.   This act takes effect upon approval by the Governor. /


Printed Page 1986 . . . . . Thursday, March 18, 2004

Renumber sections to conform.
Amend title to conform.

Rep. HOWARD explained the amendment.

POINT OF ORDER

Rep. SANDIFER 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. 4982--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4982 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2844, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

POINT OF ORDER

Rep. HAMILTON 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.

H. 4983--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4983 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2876, PURSUANT TO THE


Printed Page 1987 . . . . . Thursday, March 18, 2004

PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

POINT OF ORDER

Rep. LITTLEJOHN 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.

H. 4921--RECALLED AND REFERRED TO COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:

H. 4921 (Word version) -- Reps. Ott, Clark, Cobb-Hunter, Witherspoon, Rhoad, Duncan, Hosey, Clyburn, Weeks, J. H. Neal, Breeland, G. Brown, Freeman, Gilham, J. Hines, Hinson, Koon, Lloyd, Mahaffey, Martin, McCraw, Merrill, Miller, Moody-Lawrence, Pinson, M. A. Pitts, Snow, Stille and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 50 SO AS TO ENACT THE ALL-TERRAIN VEHICLE SAFETY ACT BY PROVIDING FOR A DEFINITION OF ALL-TERRAIN VEHICLES, REGULATION OF OPERATION AND SAFETY EQUIPMENT, REGISTRATION AND LICENSING, OPERATOR AND OWNER LIABILITY, AND CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS.

R. 218, H. 4415--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R218) H. 4415 (Word version) -- Reps. J. Brown, Bales, Cotty, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford, Scott and J. E. Smith: AN ACT TO AMEND SECTION 59-53-1710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO


Printed Page 1988 . . . . . Thursday, March 18, 2004

REMOVE THE TERM LIMITATION FOR THE MEMBERS OF THE COMMISSION.

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 9; Nays 1

Those who voted in the affirmative are:

Bales                  J. Brown               Harrison
Howard                 Lourie                 J. H. Neal
Rutherford             Scott                  J. E. Smith

Total--9

Those who voted in the negative are:

Stille

Total--1

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

R. 216, H. 3900--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R216) H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E. H. Pitts, Mack, M. A. Pitts, Richardson, J. H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens, J. R. Smith, Snow, Talley, Bailey, Trotter, Umphlett, White, Thompson, Whitmire, Whipper, Witherspoon and Young: AN ACT TO PROVIDE THAT THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE "SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT" ARE APPROPRIATED AND AUTHORIZED TO BE EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS, AND TO PROVIDE THAT THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE AMENDMENTS TO THE STATE GENERAL


Printed Page 1989 . . . . . Thursday, March 18, 2004

OBLIGATION ECONOMIC DEVELOPMENT BOND ACT ARE APPROPRIATED AND AUTHORIZED TO BE EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS.

Rep. HARRELL explained 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 92; Nays 17

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bowers                 Branham
G. Brown               J. Brown               R. Brown
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Freeman                Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Jennings               Keegan                 Leach
Limehouse              Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               McCraw                 McGee
Merrill                Miller                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Phillips
Pinson                 Rice                   Rutherford
Sandifer               Scarborough            Sinclair
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Umphlett               Vaughn

Printed Page 1990 . . . . . Thursday, March 18, 2004

Viers                  Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

Total--92

Those who voted in the negative are:

Bingham                Davenport              Frye
Huggins                Kirsh                  Koon
Littlejohn             McLeod                 Moody-Lawrence
Perry                  E. H. Pitts            M. A. Pitts
Richardson             Simrill                D. C. Smith
Stille                 Toole

Total--17

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

SENT TO THE SENATE

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

H. 4271 (Word version) -- Reps. Townsend, Thompson, Cooper, Harrell, Martin, Toole, Altman, Stille, Clemmons, Whipper, White and E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.


Printed Page 1991 . . . . . Thursday, March 18, 2004

H. 3689 (Word version) -- Reps. Miller, Bales, Rutherford, J. Hines, Anthony, Battle, Branham, Clyburn, Gourdine, M. Hines, Hosey, Jennings, Lloyd, Mack, McCraw, Moody-Lawrence, J. H. Neal, Neilson, Phillips, Snow, Bowers, Koon, Frye, Altman, Coates, Coleman, Herbkersman, Haskins, Harrison, Hagood, Freeman, Edge, Cobb-Hunter, Clark, G. Brown, Sinclair, Sheheen, Scarborough, Pinson, Perry, Owens, Richardson, Martin, Lucas, Witherspoon, Whipper, Townsend, W. D. Smith, Lourie, Kirsh, Cato, Ceips, McGee, Rice, Delleney, Harrell, Vaughn, Trotter, Tripp, J. R. Smith, J. E. Smith, Scott, Sandifer, Limehouse, Littlejohn, Bailey, Harvin, Toole, Thompson, G. R. Smith, F. N. Smith, Rhoad, E. H. Pitts, Kennedy, Leach, Clemmons and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO LIMIT TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY AND SECOND HOMES ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.

H. 3957 (Word version) -- Reps. Sandifer, Harrison, Delleney, Talley, Whitmire, Hagood and Whipper: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.

H. 4081 (Word version) -- Reps. Edge, Clemmons and Bailey: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT AN ENGINEER, ARCHITECT, OR LANDSCAPE ARCHITECT WHO PERFORMS OR PROVIDES


Printed Page 1992 . . . . . Thursday, March 18, 2004

PROFESSIONAL SERVICES FOR THE IMPROVEMENT OF REAL ESTATE IS CONSIDERED TO HAVE FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE, AND TO FURTHER PROVIDE THAT, UNDER CERTAIN CONDITIONS, A REAL ESTATE BROKER WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.

H. 4657 (Word version) -- Reps. Haskins, Pinson, Duncan, Vaughn, Altman, Dantzler, Davenport, Hamilton, Leach, M. A. Pitts, Taylor, Walker, Wilkins, Young, Mahaffey, Coates, Bingham, Chellis, E. H. Pitts, Sandifer, G. M. Smith, Talley, Viers, Whitmire, Toole, G. R. Smith, Simrill, Rice, Owens, Hagood and Clark: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.

H. 4765 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Cato, Chellis, Harrison, Quinn, Townsend, Witherspoon, Leach, Viers, Koon, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, J. Brown, Ceips, Clark, Clemmons, Clyburn, Coates, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Harvin,


Printed Page 1993 . . . . . Thursday, March 18, 2004

Haskins, Hayes, Herbkersman, Hinson, Huggins, Keegan, Kirsh, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, McCraw, McGee, Merrill, Neilson, Owens, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Richardson, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Talley, Taylor, Toole, Tripp, Trotter, Umphlett, Vaughn, Walker, White, Whitmire, Young and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.

H. 4951--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4951 (Word version) -- Reps. Viers, Clemmons, Edge, Barfield, Miller, Hayes and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF SOUTH CAROLINA HIGHWAY 544 AND SOUTH CAROLINA HIGHWAY 31 (CAROLINA BAYS PARKWAY) IN HORRY COUNTY IN HONOR OF REPRESENTATIVE THOMAS G. KEEGAN UPON HIS RETIREMENT FROM THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES AT THIS INTERCHANGE CONTAINING THE WORDS "THOMAS G. KEEGAN INTERCHANGE".

Whereas, Representative Thomas G. Keegan was born April 3, 1939, in Greenwich, Connecticut, and is the son of the late Francis H. and the late Alice McCourt Keegan; and

Whereas, after graduating from Norwalk Community College in 1973, Representative Keegan went on to Iona College where he graduated with a B. S. degree in Criminal Justice in 1976; and


Printed Page 1994 . . . . . Thursday, March 18, 2004

Whereas, in 2001, Representative Keegan was presented with an Honorary Ph.D. from Francis Marion University and an Honorary Ph.D. from the Medical University of South Carolina in 2003; and

Whereas, having previously served in the United States Marine Corps, Representative Keegan is married to Marie B. Keegan, and he has five children, Sheila, Maureen, Jacqueline, Thomas, Jr., and Molly; and

Whereas, a retired Chief of Police, the Horry County representative also serves on the Board of Trustees Emeritus of Francis Marion University, Chairman of the Grand Strand Area Transportation Committee, and is a member of the University of South Caroliniana Society and the Conway Historical Society; and

Whereas, Representative Keegan also works with the American Legislative Exchange Council, the Waccamaw Regional Planning and Development Council, the Rural Caucus and the Fire Caucus, and is Chairman of the House Tourism Caucus; and

Whereas, Representative Keegan serves as First Vice-Chairman of the House Operations and Management Committee and Second Vice-Chairman of the Ways and Means Committee, and he was instrumental in the establishment of the Infrastructure Bank, the funding mechanism for the construction of Veterans Highway and the Carolina Bays Parkway; and

Whereas, it is with honor and admiration that his colleagues wish to recognize his contributions to the State of South Carolina. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, request the Department of Transportation to name the interchange of South Carolina Highway 544 and South Carolina Highway 31 (Carolina Bays Parkway) in Horry County in honor of Representative Thomas G. Keegan upon his retirement from the South Carolina House of Representatives and to install appropriate


Printed Page 1995 . . . . . Thursday, March 18, 2004

markers or signs at places at this interchange containing the words "Thomas G. Keegan Interchange".

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

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 4891 (Word version) -- Reps. Duncan, Taylor, Pinson, Allen, Leach, Neilson, Parks and M. A. Pitts: A HOUSE RESOLUTION TO EXPRESS CONCERN WITH PROVISIONS OF THE FEDERAL NO CHILD LEFT BEHIND LEGISLATION AND TO URGE CONGRESS TO REVIEW AND MODIFY THE NO CHILD LEFT BEHIND LEGISLATION.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4993 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-1230 SO AS TO ALLOW AN INCOME TAX CREDIT TO CERTAIN NEW BUSINESSES IN THIS STATE FOR SOCIAL SECURITY TAXES PAID ON AN EMPLOYEE'S WAGES.
Referred to Committee on Ways and Means

H. 4994 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-5-85 SO AS TO PROVIDE THAT NEW BUSINESSES MUST BE ASSESSED THE LOWEST RATE FOR WORKERS' COMPENSATION INSURANCE IN THEIR CLASSIFICATION


Printed Page 1996 . . . . . Thursday, March 18, 2004

UNTIL THE CLAIMS EXPERIENCE OF THE NEW BUSINESS PROVIDES JUSTIFICATION FOR HIGHER RATES.
Referred to Committee on Labor, Commerce and Industry

H. 4995 (Word version) -- Rep. Bowers: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION, BY ADDING ARTICLE 10 SO AS TO DESIGNATE THE PORTION OF UNITED STATES HIGHWAY 17 LOCATED IN COLLETON COUNTY AS ACE BASIN SCENIC PARKWAY.
Referred to Committee on Education and Public Works

H. 4996 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE IMPORTATION OF CERTAIN WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT NO PERSON MAY RELEASE A NONDOMESTIC MEMBER OF THE SUIDAE (PIG) FAMILY INTO THE WILD, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE PERSON IS FINANCIALLY RESPONSIBLE FOR ANY ECONOMIC OR OTHER DAMAGE CAUSED AS A RESULT OF THE RELEASE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4997 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-462 SO AS TO PROVIDE FOR AN EXEMPTION FROM THE PROPERTY TAX ON RESIDENTIAL PROPERTY CONSISTING OF FOUR OR FEWER UNITS IN AMOUNTS OF FAIR MARKET VALUE SUFFICIENT TO EQUAL AN ASSESSMENT RATIO OF FOUR PERCENT ON SUCH PROPERTY AND TO EXTEND THE RESIDENTIAL EXEMPTION FROM SCHOOL OPERATING MILLAGE TO SUCH PROPERTY, TO ESTABLISH THE RESIDENTIAL PROPERTY TAX RELIEF TRUST FUND AND REQUIRE A CUMULATIVE FIFTEEN PERCENT OF RECURRING GENERAL FUND REVENUE GROWTH TO BE CREDITED TO THE FUND TO REIMBURSE LOCAL TAXING ENTITIES FOR PROPERTY TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION PROVIDED BY THIS SECTION, TO PRESCRIBE


Printed Page 1997 . . . . . Thursday, March 18, 2004

THE ORDER OF THE TAX LIABILITIES TO WHICH THE EXEMPTION APPLIES, TO PROVIDE THAT PROPERTY EXEMPTED FROM PROPERTY TAX BY THIS SECTION NEVERTHELESS IS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, AND TO PROVIDE APPROPRIATE DEFINITIONS.
Referred to Committee on Ways and Means

H. 4998 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT THE FOUR PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY EXTENDS TO AN OWNER'S NONADJACENT RESIDENTIAL PROPERTY OCCUPIED BY THE OWNER'S IMMEDIATE FAMILY.
Referred to Committee on Ways and Means

H. 4999 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-1230 SO AS TO ALLOW AN INCOME TAX CREDIT TO CERTAIN NEW BUSINESSES IN THIS STATE FOR SOCIAL SECURITY TAXES PAID ON AN EMPLOYEE'S WAGES; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO GRANT AN EXEMPTION TO CERTAIN NEW BUSINESSES IN THIS STATE.
Referred to Committee on Ways and Means

H. 5000 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 12-37-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXABLE PROPERTY, SO AS TO REPLACE PROPERTY TAX ON PERSONAL PASSENGER MOTOR VEHICLES WITH A UNIFORM FEE; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PERSONAL PROPERTY TAXES, SO AS TO EXEMPT PERSONAL PASSENGER MOTOR VEHICLES; AND TO AMEND SECTIONS 12-37-2640 AND 12-37-2680, RELATING TO ASSESSMENT OF MOTOR VEHICLES BY THE COUNTY AUDITOR AND BY THE DEPARTMENT OF REVENUE FOR PURPOSES OF TAXATION, SO AS TO REQUIRE


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THE DEPARTMENT TO ESTABLISH AND DISSEMINATE A UNIFORM FEE FOR PERSONAL PASSENGER MOTOR VEHICLES.
Referred to Committee on Ways and Means

H. 5001 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-33-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF THE AFFAIRS OF A HEALTH MAINTENANCE ORGANIZATION BY THE DIRECTOR OF INSURANCE, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-39-50, RELATING TO THE REQUIREMENT THAT A LICENSED PREMIUM SERVICE COMPANY IS REQUIRED TO MAINTAIN RECORDS OF ITS TRANSACTIONS, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-41-80, RELATING TO THE REQUIREMENT FOR MULTIPLE EMPLOYER SELF-INSURANCE HEALTH PLANS TO KEEP FULL AND CORRECT RECORDS, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-43-100, AS AMENDED, RELATING TO THE ISSUANCE OF A PRODUCER'S LICENSE, SO AS TO OFFER LICENSE EXAMS ELECTRONICALLY AS WELL AS WRITTEN AND TO AUTHORIZE THE DEPARTMENT TO PURSUE ACTION AGAINST AN APPLICANT OR INSURER'S REPRESENTATIVE FOR FALSE INFORMATION PROVIDED ON AN APPLICATION; TO AMEND SECTION 38-43-101, RELATING TO LICENSING AN INSURANCE PRODUCER WHO WAS PREVIOUSLY LICENSED FOR THE SAME LINES OF INSURANCE IN ANOTHER STATE, SO AS TO AUTHORIZE THE DEPARTMENT TO PURSUE ACTION AGAINST AN APPLICANT OR INSURER'S REPRESENTATIVE FOR PROVIDING FALSE INFORMATION ON AN APPLICATION; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATIONAL REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS, SO AS TO STRENGTHEN THE EDUCATIONAL REQUIREMENTS AND DELETE THE REQUIREMENT THAT A


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COURSE EXAMINATION BE MONITORED BY A PROCTOR; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS OF AN APPLICANT OR PRODUCER LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE OR LIFE, ACCIDENT, AND HEALTH INSURANCE, SO AS TO ALLOW THE DEPARTMENT TO BE RECIPROCAL WITH OTHER STATES WITH REGARD TO CONTINUING EDUCATIONAL REQUIREMENTS AND AUTHORIZE THE DIRECTOR TO APPOINT AS MANY REPRESENTATIVES AS NECESSARY TO PERFORM THE RESPONSIBILITIES OF THE ADVISORY BOARD; TO AMEND SECTION 38-43-107, AS AMENDED, RELATING TO THE ADDRESS SUPPLIED BY AN INSURANCE PRODUCER WHEN APPLYING FOR A LICENSE, SO AS TO REQUIRE THE BUSINESS, MAILING, AND RESIDENCE ADDRESSES; TO AMEND SECTION 38-43-200, AS AMENDED, RELATING TO THE PROHIBITION ON SPLITTING COMMISSIONS WITH AN UNLICENSED PERSON BY A LICENSED PRODUCER, SO AS TO DELETE A PROVISION WHICH ALLOWS FEE SPLITTING; TO AMEND SECTION 38-43-250, AS AMENDED, RELATING TO PRODUCER RECORDS KEPT BY PRODUCERS AS AN ACCURATE RECORD OF BUSINESS DONE BY THEM, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-44-20, RELATING TO DEFINITIONS USED IN THE MANAGING GENERAL AGENTS ACT, SO AS TO CLARIFY THE DEFINITION OF A "MANAGING GENERAL AGENT"; TO AMEND SECTION 38-45-20, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE AGENT, SO AS TO CLARIFY WHAT CONSTITUTES THE LIFE SPAN OF A CERTIFICATE OF COURSE COMPLETION WITH RESPECT TO A BROKER LICENSE; TO AMEND SECTION 38-45-80, RELATING TO THE REQUIREMENT FOR BROKERS TO KEEP RECORDS OF BUSINESS DONE, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-48-120, RELATING TO RECORD RETENTION BY A PUBLIC ADJUSTER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S

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EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-51-60, RELATING TO THE REQUIREMENT THAT AN ADMINISTRATOR MAINTAIN FOR THE DURATION OF THE WRITTEN AGREEMENT AND FIVE YEARS AFTER THAT TIME ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS AMONG THE ADMINISTRATOR, INSURERS, AND INSURED PERSONS, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-53-320, RELATING TO THE EXAMINATION BY A PROFESSIONAL OF A SURETY BONDSMAN, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-77-155, RELATING TO THE DISTRIBUTION OF MONIES FROM THE UNINSURED MOTORIST'S FUND BY THE DIRECTOR OF INSURANCE, SO AS TO ALLOW THE DIRECTOR TO DISTRIBUTE MONIES BASED ON DATA FROM THE INSURER'S ANNUAL STATEMENT INFORMATION FILED WITH THE DEPARTMENT; AND TO AMEND SECTION 38-78-70, RELATING TO THE REQUIREMENT THAT A PROVIDER MAINTAIN ACCURATE ACCOUNTS, BOOKS, AND RECORDS CONCERNING HIS TRANSACTIONS, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS.
Referred to Committee on Labor, Commerce and Industry

H. 5002 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-35 SO AS TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION SUBMITTED BY A CAPTIVE INSURANCE COMPANY PURSUANT TO THE PROVISIONS OF CHAPTER 90, TITLE 38 AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE A CAPTIVE INSURANCE COMPANY TO COMPLY WITH THESE PROVISIONS; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH A


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CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITIONS OF "INDUSTRIAL INSURED GROUP" AND "PARENT"; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO AUTHORIZE A NONPROFIT CORPORATION TO BE LICENSED AND PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS, AND PROVIDE A PROCEDURE BY WHICH A FOREIGN OR ALIEN CAPTIVE INSURANCE COMPANY MAY BECOME A DOMESTIC CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-25, RELATING TO THE AUTHORITY OF A CAPTIVE INSURANCE COMPANY TO WRITE REINSURANCE COVERING PROPERTY AND CASUALTY INSURANCE OR REINSURANCE CONTRACTS, SO AS TO PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE BASED ON THE CAPITALIZATION OF THE COMPANY, SO AS TO PROVIDE CAPITALIZATION REQUIREMENTS FOR LICENSING A NONPROFIT CORPORATION AS A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BASED ON CERTAIN MINIMUM AMOUNTS OF FREE SURPLUS, SO AS TO CHANGE THE REQUIREMENTS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF CERTAIN CAPTIVE INSURANCE COMPANIES, SO AS TO ADD AN ADDITIONAL OPTION FOR A NONPROFIT COMPANY; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO FILING REPORTS BY A CAPTIVE INSURANCE COMPANY, SO AS TO MAKE CERTAIN INFORMATION SUBMITTED IN A REPORT CONFIDENTIAL; TO AMEND SECTION 38-90-80, RELATING TO THE INSPECTION AND EXAMINATION OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO PROVIDE THAT CERTAIN CONFIDENTIALITY PROVISIONS DO NOT APPLY TO THE DIRECTOR IN MAKING FINAL REPORTS; TO AMEND SECTION 38-90-140, AS AMENDED,

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RELATING TO THE TAXATION OF A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITION OF "COMMON OWNERSHIP AND CONTROL" TO INCLUDE NONPROFIT CORPORATIONS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF THE PROVISIONS OF CHAPTERS 26 AND 27, TITLE 38, TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO MAKE THE TERMS AND CONDITIONS APPLY TO TITLE 38 INSTEAD OF CHAPTERS 26 AND 27, TITLE 38; AND TO REPEAL SECTION 38-90-170 RELATING TO APPLICABILITY OF THE TERMS AND CONDITIONS OF TITLE 38 TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES FORMED UNDER CHAPTER 90, TITLE 38.
Referred to Committee on Labor, Commerce and Industry

CONCURRENT RESOLUTION

The following was introduced:

H. 5003 (Word version) -- Reps. Sinclair and Huggins: A CONCURRENT RESOLUTION TO HONOR AND THANK THE MEN AND WOMEN OF THE SOUTH CAROLINA STATE GUARD WHO VOLUNTEER THEIR TIME AND TALENTS TO MEET THE SECURITY NEEDS OF OUR STATE.

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

HOUSE RESOLUTION

The following was introduced:

H. 5004 (Word version) -- Reps. McLeod and Huggins: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE 2003 CHAPIN HIGH SCHOOL CHEERLEADING SQUAD AND COACH VICKI WILLIAMS ON WINNING THE 2003 CLASS AA STATE CHEERLEADING CHAMPIONSHIP AND TO COMMEND THEM ON THEIR HARD WORK AND DEDICATION.

The Resolution was adopted.


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HOUSE RESOLUTION

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

H. 5005 (Word version) -- Reps. McLeod and Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE 2003 CHAPIN HIGH SCHOOL CHEERLEADING SQUAD AND COACH VICKI WILLIAMS ON THURSDAY, MARCH 25, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE CLASS AA STATE CHEERLEADING CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5006 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO CONGRATULATE ZAM "BUCK" FREDRICK OF CALHOUN COUNTY HIGH SCHOOL FOR BEING NAMED "MR. BASKETBALL" FOR HIS OUTSTANDING PERFORMANCE ON THE COURT DURING HIS HIGH SCHOOL BASKETBALL CAREER, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5007 (Word version) -- Reps. Harvin, 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, 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,


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J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION EXPRESSING THE SINCERE CONDOLENCES OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THEIR COLLEAGUE AND FRIEND, DEBRA BROOKS, AND THE REST OF THE GEORGE FRANCIS GOODWIN FAMILY ON THE OCCASION OF HIS DEATH SATURDAY, MARCH 13, 2004.

Whereas, George Francis Goodwin of Richland County, beloved father of Debra Brooks, died Saturday, March 13, 2004; and

Whereas, he retired to Columbia from the United States Army as a Sergeant First Class after twenty-two years of military service including two tours of duty in Vietnam; and

Whereas, this Boston, Massachusetts, native made himself at home in his adopted community, working as a paramedic at the Richland County Detention Center until 1985, and serving as an active member of St. Joseph's Catholic Church, Knights of Columbus Council 724, and Veterans of Foreign Wars; and

Whereas, his full life was further enriched by his love of travel by motor home, and he was fortunate to have experienced the beauty of both this country and Europe; and

Whereas, he is survived and missed by Debra and the rest of his loving family: wife, Selma; other daughters, Sonja and Cynthia-Ann; grandson, Dexter, and granddaughters, Candace, Daniela, and Margaret-Ann; great-granddaughter, Caitlynn; brother, James E. Goodwin; and other relatives and friends. Now, therefore,

Be it resolved that the members of the South Carolina House of Representatives, by this resolution, do hereby express their sincere condolences to their colleague and friend, Debra Brooks, and the rest


Printed Page 2005 . . . . . Thursday, March 18, 2004

of the George Francis Goodwin family on the occasion of his death Saturday, March 13, 2004.

Be it further resolved that a copy of this resolution be presented to Debra Brooks.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5008 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CALHOUN COUNTY HIGH SCHOOL "SAINTS" BOYS BASKETBALL TEAM AND COACHES FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 2004 CLASS AA STATE BASKETBALL CHAMPIONSHIP AND WISH THEM CONTINUED SUCCESS IN THE FUTURE.

The Resolution was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4967 (Word version) -- Reps. Barfield, Allen, Altman, Anthony, Bailey, Bales, 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, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett,


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Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE COLLECTIVE GRIEF AND ANGUISH OF THE PEOPLE OF THE STATE OF SOUTH CAROLINA TO THE PEOPLE OF SPAIN, AND ESPECIALLY MADRID, WHO SUFFERED LOSS IN THE AFTERMATH OF THE APPALLING BOMBINGS ON MARCH 11, 2004, EXPRESSING THE BELIEF THAT THE PERPETRATORS OF THESE BOMBINGS BE SWIFTLY BROUGHT TO JUSTICE, AND PLEDGING OUR PRAYERS AND OUR SUPPORT IN THIS HORRIFIC TIME IN THEIR COUNTRY.

H. 5003 (Word version) -- Reps. Sinclair and Huggins: A CONCURRENT RESOLUTION TO HONOR AND THANK THE MEN AND WOMEN OF THE SOUTH CAROLINA STATE GUARD WHO VOLUNTEER THEIR TIME AND TALENTS TO MEET THE SECURITY NEEDS OF OUR STATE.

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

ADJOURNMENT

At 11:05 a.m. the House, in accordance with the motion of Rep. KEEGAN, adjourned in memory of Jennifer Highsmith of Surfside Beach, to meet at 10:00 a.m. tomorrow.

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