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

Thursday, January 29, 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 Jeremiah 51:15: "He made the earth by His power; He founded the world by His wisdom and stretched out the heavens by His understanding."
Let us pray. Lord God, Heavenly Father, You have entrusted this wonderful creation to us to love and take care of. You have allowed us to govern as part of Your kingdom. Now give us the tools, the mind, the will to do it right. Bless and keep us and the State and Nation and give our leaders Your authority to do the right things. Keep in Your protective care our defenders of freedom, especially those in harm's way. 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. BARFIELD moved that when the House adjourns, it adjourn in memory of the Honorable Carolyn Wright, probate judge of Conway, which was agreed to.

REPORT OF STANDING COMMITTEE

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

H. 4537 (Word version) -- Reps. Walker, Wilkins, W. D. Smith, Harrison, Witherspoon, Cato, Townsend, Littlejohn, Davenport, J. E. Smith, Huggins, Lourie, Scott, Bales, McGee, Sinclair, Anthony, Harvin, Cotty, Leach, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, 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, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Young and M. Hines: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4, RELATING TO THE ESTABLISHMENT, FUNCTIONS, AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE THE STATE AERONAUTICS COMMISSION WITHIN THE DEPARTMENT TO OVERSEE THE OPERATION OF THE DEPARTMENT'S DIVISION OF AERONAUTICS AND TO APPOINT THE DIVISION'S DIRECTOR; TO AMEND SECTION 55-5-20, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO REVISE THE DEFINITION OF "AVIATION GASOLINE" TO INCLUDE GENERAL AVIATION JET FUEL; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND, AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR THE PURPOSES OF THE DEPARTMENT OF TRANSPORTATION'S AERONAUTICS DIVISION; BY ADDING SECTION 58-8-220 SO AS TO PROVIDE FOR THE FUNDING OF THE ACTIVITIES OF THE DIVISION OF AERONAUTICS; BY ADDING SECTION 57-3-35 SO AS TO PROVIDE FOR THE ORGANIZATION AND OBJECTIVE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE ITS DIVISION FOR AERONAUTICS; TO AMEND SECTION 1-30-105, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO ESTABLISH A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT AND TO DELETE AN OBSOLETE REFERENCE; TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 12-28-2720, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THIS FEE MAY NOT BE USED FOR THE PURPOSE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 12-36-1710, RELATING TO THE EXCISE TAX LEVIED ON THE CASUAL SALES OF CERTAIN ITEMS, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 13-1-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S DIVISION OF AERONAUTICS AND ITS FUNCTIONS; TO AMEND SECTION 13-1-20, RELATING TO THE PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S MANDATE TO DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 15-9-390, AS AMENDED, RELATING TO SERVICE OF PROCESS ON NONRESIDENT OPERATORS OF AIRCRAFT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 15-9-410, AS AMENDED, RELATING TO CERTAIN PROVISIONS THAT DO NOT APPLY TO ANY INCORPORATED CARRIER HOLDING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 23-33-20, AS AMENDED, RELATING TO THE OBTAINING OF A PERMIT BEFORE FIRING OR ATTEMPTING TO FIRE OR DISCHARGE A MISSILE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO PRESCRIBING STANDARDS FOR THE CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-1-1, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE AND DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT GOVERN THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-190, AS AMENDED, RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-230, RELATING TO APPEALS FROM ORDERS ISSUED BY THE DIVISION OF AERONAUTICS, SO AS TO INCREASE THE PERIOD OF TIME WITHIN WHICH A PERSON AGAINST WHOM AN ORDER HAS BEEN ENTERED MAY APPEAL THE ORDER, AND TO PROVIDE THAT THE APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION INSTEAD OF THE CIRCUIT COURT; TO AMEND SECTION 55-8-10, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR THE TERM DEPARTMENT OF COMMERCE WITHIN THE DEFINITION OF THE TERM AGENCY; TO AMEND SECTION 55-8-50, AS AMENDED, RELATING TO POLICY BONDS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-11-10, AS AMENDED, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-15-10, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT PERTAIN TO RELOCATION ASSISTANCE, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 57-1-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT; TO AMEND SECTION 57-1-30, AS AMENDED, RELATING TO THE FUNCTIONS AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT AMONG ITS FUNCTIONS AND PURPOSES, THE DEPARTMENT SHALL DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 57-3-10, AS AMENDED, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MUST CONTAIN A DIVISION OF AERONAUTICS; TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO THE RESPONSIBILITIES AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION'S DIVISION DIRECTORS, SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DIVISION OF AERONAUTICS' DEPUTY DIRECTOR; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR PURPOSES OF THE DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS; AND TO REPEAL ARTICLE 7, CHAPTER 1, TITLE 13 AND SECTIONS 55-5-240 AND 55-5-250 RELATING TO THE APPEAL OF A DECISION ENTERED BY THE DEPARTMENT OF COMMERCE DIVISION OF AERONAUTICS.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4641 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 14-1-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF AN ATTORNEY IN A CIVIL ACTION, SO AS TO PROVIDE THAT A CIVIL ACTION INCLUDES AN ACTION FOR POST-CONVICTION RELIEF AND TO DELETE THE EXCEPTION WHEN THE APPOINTMENT IS PROVIDED FOR BY STATUTE; AND SECTION 17-27-60, RELATING TO COURT COSTS AND EXPENSES FOR INDIGENT DEFENDANTS, SO AS TO PROVIDE THAT THE SECTION MAY NOT BE CONSTRUED TO ALLOW THE APPOINTMENT OF AN ATTORNEY IN A CIVIL ACTION.
Referred to Committee on Judiciary

H. 4642 (Word version) -- Reps. Skelton, Cotty, Loftis, Sinclair, Cato, Simrill, Hayes, Barfield, Limehouse, Whipper, Altman, Anthony, Bailey, Battle, Bingham, Bowers, G. Brown, Ceips, Clark, Davenport, Duncan, Emory, Freeman, Hamilton, Harrell, Harrison, Herbkersman, J. Hines, M. Hines, Keegan, Kirsh, Leach, Mahaffey, Martin, Owens, Perry, Pinson, E. H. Pitts, Rice, Richardson, Scarborough, D. C. Smith, G. M. Smith, G. R. Smith, Stewart, Taylor, Toole, Trotter, Viers, White, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVITIES, AND TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS INCLUDING THE STATE CAPITOL BUILDING SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY".
Referred to Committee on Judiciary

H. 4643 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-230 SO AS TO REQUIRE THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO SURVEY THE SMALL BUSINESSES IN THIS STATE OFFERING EMPLOYER-PAID HEALTH INSURANCE BENEFITS TO EMPLOYEES AND CALCULATE AN AVERAGE PER EMPLOYEE COST AND BENEFIT LEVEL FOR THIS COVERAGE AND CERTIFY THESE AVERAGES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WHICH MUST LIMIT MEDICAID PER CLIENT COSTS AND COVERAGE TO NO MORE THAN NINETY PERCENT OF THE AVERAGES CERTIFIED.
Referred to Committee on Ways and Means

H. 4644 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO CLARIFY THE METHOD OF CALCULATING THE ALLOWED CONSUMER PRICE INDEX INCREASE IN THE MILLAGE RATE; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE DATE WHEREBY THIS STATE ADOPTS BY REFERENCE VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-6-1130, AS AMENDED, RELATING TO THE COMPUTATION OF SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR INTEREST DEDUCTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE AN OBSOLETE DEDUCTION RELATING TO MEDICAL INSURANCE PREMIUMS; TO AMEND SECTIONS 12-6-2220 AND 12-6-2320, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS AND FURTHER PROVIDE FOR ALLOCATION AND APPORTIONMENT WHEN EXISTING METHODS DO NOT FAIRLY REPRESENT THE TAXPAYER'S BUSINESS IN THIS STATE; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO THOSE REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO PROVIDE FOR THOSE NONRESIDENTS REQUIRED TO FILE IN THIS STATE; TO AMEND SECTION 12-6-1520, AS AMENDED, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS; TO AMEND SECTIONS 12-8-520 AND 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE FOR THE WITHHOLDING OF PARTNERSHIP AND SUBCHAPTER "S" CORPORATION INCOME OF NONRESIDENTS AND ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTIONS 12-21-1090 AND 12-21-6550, RELATING TO LICENSE TAXES, SO AS TO PROVIDE FOR THE PERMISSIVE PROMULGATION OF REGULATIONS AND FURTHER PROVIDE FOR THE APPLICATIONS REQUIRED PURSUANT TO THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO REPEAL SECTION 12-36-530, RELATING TO THE REQUIREMENT FOR THE RETURN OF A RETAIL LICENSE WHEN A BUSINESS CLOSES OR IS SOLD; TO AMEND SECTIONS 12-36-1310 AND 12-36-2120, BOTH AS AMENDED, AND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO FURTHER PROVIDE FOR THE APPLICATION OF SALES TAX TO TELECOMMUNICATIONS SERVICES, AND PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE REFERENCES IN EXISTING EXEMPTIONS; TO REPEAL SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION; TO AMEND SECTIONS 12-54-25, AS AMENDED, 12-54-42, AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY WHEN INTEREST IS NOT DUE ON OVERPAYMENTS, TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, TO CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; TO AMEND SECTIONS 12-54-90, 12-54-210, AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REFUSE TO ISSUE AS WELL AS TO REVOKE A LICENSE TO A TAXPAYER IN VIOLATION AND TO DELETE NOTICE REQUIREMENTS AND TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A GRAND JURY; TO AMEND SECTION 12-58-185, AS AMENDED, RELATING TO THE TAXPAYERS BILL OF RIGHTS, SO AS TO CLARIFY AND EXTEND THE APPLICATION OF HARDSHIP EXTENSIONS TO PAY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE SUCH NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST WILL RESULT IN A DECISION BECOMING FINAL AND TO PROVIDE FURTHER FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-720, AS AMENDED, RELATING TO THE REGULATION OF WINE, SO AS TO DELETE THE LIMITATION TO DOMESTIC WINE FOR WINE SALES AND TASTINGS AT LICENSED WINERIES IN THIS STATE; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTIONS 61-4-730 AND 61-4-747, RELATING TO REGULATIONS OF WINE, SO AS TO DELETE THE REQUIREMENT THAT PERMITTED WINERIES SELL ONLY DOMESTIC WINE IN ORDER TO SELL AND DELIVER WINE IN THIS STATE AND TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR.
Referred to Committee on Ways and Means

H. 4645 (Word version) -- Reps. Littlejohn, Davenport, Mahaffey, W. D. Smith, Talley and Walker: A BILL TO AMEND ACT 1 OF 2001, RELATING TO SUPPLEMENTAL APPROPRIATIONS FOR A PARTICULAR YEAR AND CAPITAL IMPROVEMENT BOND AUTHORIZATIONS, AMONG OTHER THINGS, SO AS TO REVISE THE PURPOSE FOR WHICH A CAPITAL IMPROVEMENT BOND AUTHORIZATION FOR USC-SPARTANBURG MAY BE USED.
Rep. LITTLEJOHN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Ways and Means

H. 4648 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-71-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL COMMITTEES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO ADD CRIMINAL JUSTICE ORGANIZATIONS TO THE DEFINITION OF "PROFESSIONAL SOCIETY".
Referred to Committee on Judiciary

H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
Referred to Committee on Judiciary

H. 4650 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 33 SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECT OF, DOMESTICATION IN SOUTH CAROLINA OF A FOREIGN CORPORATION; BY ADDING ARTICLE 14 TO CHAPTER 41 OF TITLE 33 AND ARTICLE 12 TO CHAPTER 42 OF TITLE 33, SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECTS OF, THE MERGERS WITH OTHER ENTITIES OF A PARTNERSHIP AND A LIMITED PARTNERSHIP, RESPECTIVELY; BY ADDING SECTIONS 33-11-109 AND 33-11-110, SO AS TO PROVIDE FOR THE CONVERSION OF A PARTNERSHIP OR LIMITED PARTNERSHIP TO A CORPORATION, SECTIONS 33-11-111 AND 33-11-112, SO AS TO PROVIDE FOR A CONVERSION OF A CORPORATION TO A LIMITED LIABILITY COMPANY, AND SECTIONS 33-11-113 AND 33-11-114, SO AS TO PROVIDE FOR CONVERSION OF A CORPORATION TO A PARTNERSHIP OR A LIMITED PARTNERSHIP, AND SECTION 33-11-115, SO AS TO PROVIDE THAT THESE CONVERSIONS MAY BE UNDERTAKEN PURSUANT TO OTHER LAW; BY ADDING SECTIONS 33-44-908, 33-44-909, 33-44-910, 33-44-911, 33-44-912, 33-44-913, AND 33-44-914, SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECTS OF, CONVERSIONS OF A LIMITED LIABILITY COMPANY TO A CORPORATION, A LIMITED PARTNERSHIP, OR A PARTNERSHIP, RESPECTIVELY; BY ADDING SECTION 33-44-1208, SO AS TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH A FOREIGN CORPORATION IS NOT REQUIRED TO OBTAIN AUTHORITY TO DO BUSINESS IN THIS STATE; BY ADDING SECTION 36-8-307, SO AS TO REQUIRE THE TRANSFEROR OF A SECURITY FOR VALUE TO PROVIDE DOCUMENTATION NECESSARY FOR REGISTRATION OF THE SECURITY; TO AMEND SECTION 33-1-220, AS AMENDED, RELATING TO FILING, SERVICE, AND COPYING FEES PAYABLE TO THE SECRETARY OF STATE, SO AS TO INCLUDE FEES FOR FILING OF ARTICLES OF DOMESTICATION AND ARTICLES OF CONVERSION; TO AMEND SECTION 33-1-400, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, SO AS TO INCLUDE DEFINITIONS FOR "LIMITED PARTNERSHIP" AND "PARTNERSHIP"; TO AMEND SECTION 33-2-102, AS AMENDED, RELATING TO ARTICLES OF INCORPORATION, SO AS TO DELETE THE REQUIREMENT OF AN INITIAL ANNUAL REPORT; TO AMEND SECTION 33-4-104, AS AMENDED, RELATING TO THE FILING OF A NAME CHANGE BY A CORPORATION OWNING REAL PROPERTY, SO AS TO PROVIDE FOR FILING UPON THE CONVERSION OR DOMESTICATION OF A CORPORATION; TO AMEND SECTION 33-6-260, AS AMENDED, RELATING TO THE ISSUANCE OF CORPORATE SHARES WITHOUT A CERTIFICATE, SO AS TO REQUIRE A WRITTEN STATEMENT CONTAINING THE CERTIFICATION INFORMATION UPON THE ISSUE OR TRANSFER; TO AMEND SECTION 33-11-101, AS AMENDED, RELATING TO ENTITIES WITH WHICH A CORPORATION MAY MERGE, SO AS TO INCLUDE A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY; TO AMEND SECTIONS 33-11-105 AND 33-11-106, BOTH RELATING TO THE MERGER OF A SUBSIDIARY OF A CORPORATION AND THE EFFECT OF THE MERGER OR EXCHANGE OF STOCK, SO AS TO SUBSTITUTE "ENTITY" FOR "CORPORATION"; TO AMEND SECTION 33-13-102, AS AMENDED, RELATING TO A SHAREHOLDER'S RIGHT OF DISSENT AND PAYMENT UPON CERTAIN CORPORATE ACTIONS, SO AS TO DELETE A REFERENCE TO A NONPUBLIC CORPORATION AND TO PROVIDE FOR CONVERSION OF A CORPORATION INTO ANOTHER ENTITY; TO AMEND SECTION 33-14-107, RELATING TO UNKNOWN CLAIMS AGAINST A CORPORATION, SO AS TO INCREASE THE TIME FOR ENFORCING THE CLAIM TO TEN YEARS AFTER PUBLICATION OF NOTICE OF DISSOLUTION AND TO PROVIDE FOR A CLAIM ARISING AFTER DISSOLUTION; TO AMEND SECTION 33-14-200, AS AMENDED, AND SECTION 33-14-210, BOTH RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION, BOTH SO AS TO CORRECT A CROSS-REFERENCE TO THE STATE INCOME TAX PROVISIONS; TO AMEND SECTION 33-15-101, AS AMENDED, RELATING TO ACTIVITIES NOT CONSTITUTING THE TRANSACTION OF BUSINESS BY A CORPORATION, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-15-103, AS AMENDED, RELATING TO APPLICATION FOR A CERTIFICATE OF AUTHORITY FOR A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTIONS 33-15-300 AND 33-15-310, BOTH AS AMENDED, BOTH RELATING TO REVOCATION OF A CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, BOTH SO AS TO CORRECT A CROSS-REFERENCE TO A STATE INCOME TAX PROVISION; TO AMEND SECTION 33-31-1101, RELATING TO THE MERGER OF A NONPROFIT CORPORATION AND THE MERGER OF A BUSINESS CORPORATION, SO AS TO PROVIDE FOR MERGERS WITH A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY; TO AMEND SECTION 33-42-1690, RELATING TO ACTIVITIES NOT CONSIDERED THE TRANSACTION OF BUSINESS BY A LIMITED PARTNERSHIP, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-44-208, RELATING TO CERTIFICATES OF EXISTENCE OR AUTHORITY OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE REFERENCES TO ITS MOST RECENT ANNUAL REPORT; TO AMEND SECTION 33-44-404, AS AMENDED, RELATING TO MANAGEMENT ISSUES OF A LIMITED LIABILITY COMPANY REQUIRING CONSENT BY ALL MEMBERS, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 33-44-410, RELATING TO ACTIONS BY A MEMBER OF A LIMITED LIABILITY COMPANY SO AS TO PROVIDE FOR ACTIONS BY A MANAGER OF THE COMPANY; TO AMEND SECTION 33-44-801, AS AMENDED, RELATING TO EVENTS GIVING RISE TO THE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR THE EFFECT OF AN AGREEMENT CHANGING THE STATUTORY PROVISIONS FOR THE PURCHASE OF A DISTRIBUTIONAL INTEREST; TO AMEND SECTION 33-44-806, RELATING TO DISTRIBUTING OF ASSETS IN THE WINDING UP OF THE BUSINESS OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE THAT THE DISTRIBUTION TO MEMBERS ACCORD WITH THEIR POSITIVE CAPITAL ACCOUNT BALANCES; TO AMEND SECTION 33-44-809, RELATING TO GROUNDS FOR ADMINISTRATIVE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE REQUIREMENT FOR AN ANNUAL REPORT FILED WITH THE SECRETARY OF STATE; TO AMEND SECTION 33-44-903, RELATING TO THE EFFECT OF CONVERSION OF AN ENTITY TO A LIMITED LIABILITY COMPANY, SO AS TO REQUIRE A FILING GIVING NOTICE OF THE NAME CHANGE IF THE ENTITY OWNS REAL PROPERTY IN THIS STATE; TO AMEND SECTION 33-44-905, RELATING TO ARTICLES OF MERGER OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR A FOREIGN ENTITY AS A MERGING OR SURVIVING ENTITY OF THE MERGER; TO AMEND SECTION 33-44-1003, RELATING TO ACTIVITIES NOT CONSTITUTING THE TRANSACTION OF BUSINESS IN THIS STATE BY A FOREIGN CORPORATION, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-44-1006, RELATING TO REVOCATION OF THE AUTHORITY OF A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, SO AS TO DELETE THE REQUIREMENT OF FILING AN ANNUAL REPORT WITH THE SECRETARY OF STATE; TO AMEND SECTION 33-44-1204, RELATING TO FEES COLLECTIBLE BY THE SECRETARY OF STATE FROM A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE FEE FOR FILING AN ANNUAL REPORT; TO AMEND SECTION 38-90-20, RELATING TO LICENSING REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO REQUIRE LICENSING FOR OPERATION WITHIN THE STATE; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF A CAPTIVE INSURANCE COMPANY, SO AS TO REQUIRE APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BEFORE THE SECRETARY OF STATE ACTS IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 12-20-40, RELATING TO INITIAL FILINGS WITH THE SECRETARY OF STATE BY A CORPORATION, SO AS TO INCLUDE A DOMESTICATING CORPORATION; AND TO REPEAL SECTION 33-14-410, RELATING TO ACTIONS AND JUDGMENTS AGAINST SHAREHOLDERS OF DISSOLVED CORPORATIONS, SECTION 33-44-211, RELATING TO FILING OF AN ANNUAL REPORT BY A FOREIGN OR DOMESTIC LIMITED LIABILITY COMPANY, AND SECTIONS 39-13-10 THROUGH 39-13-40, RELATING TO NAMES OF BUSINESS ESTABLISHMENTS.
Referred to Committee on Judiciary

S. 354 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-175, SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE DESCRIBING CERTAIN OFFENSES THAT THE CHILD IS A VICTIM OF OR WITNESS TO IS ADMISSIBLE AS EVIDENCE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

S. 844 (Word version) -- Senators McConnell, Moore, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Setzler, Short, J. V. Smith, Thomas, Verdin, Waldrep and Hawkins: A BILL TO AMEND SECTION 33-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLE OF THE RURAL ELECTRIC COOPERATIVE ACT, SO AS TO DELETE THE WORD "RURAL"; TO AMEND SECTION 33-49-20, RELATING TO DEFINITIONS UNDER THE ELECTRIC COOPERATIVES ACT, SO AS TO DELETE THE DEFINITION OF "RURAL AREA" AND ADD DEFINITIONS OF "COMMISSION" AND "CORRIDOR"; TO AMEND ARTICLE 1, CHAPTER 49 OF TITLE 33, BY ADDING SECTION 33-49-140, SO AS TO PROVIDE THAT CERTAIN RIGHTS AND AGREEMENTS ARE NOT AFFECTED BY THIS ACT; TO AMEND SECTION 33-49-210, RELATING TO THE PURPOSE OF ORGANIZATION OF COOPERATIVE NONPROFIT MEMBERSHIP CORPORATIONS, SO AS TO DELETE THE REFERENCE TO RURAL AREAS; TO AMEND SECTION 33-49-250, RELATING TO THE POWERS OF ELECTRIC COOPERATIVES, SO AS TO DELETE A REFERENCE TO RURAL AREAS AND TO PROVIDE THAT ELECTRIC COOPERATIVES HAVE THE RIGHT TO SERVE CERTAIN PREMISES IN AREAS ANNEXED BY MUNICIPALITIES OR NEWLY-INCORPORATED AREAS UNDER CERTAIN CIRCUMSTANCES AND WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 58-27-90, RELATING TO THE CONSTITUTIONAL RIGHTS AND POWERS OF MUNICIPALITIES, SO AS TO APPLY THE SECTION TO THE POWERS OF ELECTRIC COOPERATIVES; TO AMEND SECTION 58-27-100, RELATING TO MUNICIPAL POLICE REGULATIONS AND ORDINANCES, SO AS TO APPLY THE SECTION TO THE POWERS OF ELECTRIC COOPERATIVES; TO AMEND SECTION 58-27-670, RELATING TO ELECTRIC SERVICE IN AN AREA ANNEXED OR INCORPORATED BY A MUNICIPALITY, SO AS TO DELETE ANY REFERENCE TO RURAL OR RURAL AREAS AND TO PROVIDE THAT CERTAIN ELECTRICAL UTILITIES SHALL NOT PROVIDE SERVICE IN CERTAIN AREAS INCORPORATED OR ANNEXED BY A MUNICIPALITY AFTER THE EFFECTIVE DATE OF THIS ACT.
Referred to Committee on Labor, Commerce and Industry

HOUSE RESOLUTION

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

H. 4646 (Word version) -- Reps. Walker, Anthony, Davenport, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS, PARENTS, AND OFFICIALS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND ON WEDNESDAY, FEBRUARY 11, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND INTRODUCED AND A RENDERING OF A PERFORMANCE BY THE STUDENTS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to a delegation of students, parents, and officials from the South Carolina School for the Deaf and the Blind on Wednesday, February 11, 2004, at a time to be determined by the Speaker, for the purpose of being recognized and introduced and a rendering of a performance by the students.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4647 (Word version) -- Reps. Scarborough, Altman and Harrell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEWLY CONSTRUCTED BRIDGE THAT CROSSES THE STONO RIVER IN CHARLESTON COUNTY IN MEMORY OF PAUL J. GELEGOTIS, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "PAUL J. GELEGOTIS MEMORIAL BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 873 (Word version) -- Senators Peeler, Ritchie, Hawkins, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Pinckney, Rankin, Ravenel, Reese, Richardson, Ryberg, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO CONGRATULATE THE COACHES, PLAYERS, AND FANS OF THE NATIONAL FOOTBALL LEAGUE'S CAROLINA PANTHERS IN SHOWING TREMENDOUS COURAGE, DEDICATION, AND DESIRE DURING THE 2003-2004 SEASON IN ACHIEVING THE FRANCHISE'S FIRST EVER TRIP TO THE SUPER BOWL.

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
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gourdine
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. 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            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 29.

William Clyburn                   Douglas Jennings
Bessie Moody-Lawrence             Jerry Govan
Olin Phillips
Todd Rutherford   Joseph Neal
Brenda Lee

Total Present--115

LEAVE OF ABSENCE

The SPEAKER granted Rep. BAILEY a leave of absence for the day due to being out of the country on legislative business.

LEAVE OF ABSENCE

The SPEAKER granted Rep. COATES a leave of absence due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. F. N. SMITH a leave of absence due to appearing in Federal Court.

DOCTOR OF THE DAY

Announcement was made that Dr. John G. Black of Lexington is the Doctor of the Day for the General Assembly.

SPEAKER PRO TEMPORE IN CHAIR

SPECIAL PRESENTATION

Reps. WILKINS, ALLEN, CATO, HAMILTON, HASKINS, LEACH, LOFTIS, RICE, F. N. SMITH, G. R. SMITH, TAYLOR, TRIPP and VAUGHN presented to the House the Greenville High School Cheerleaders, Class AAA State Champions, and their coach.

SPEAKER IN CHAIR

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. 3689 (Word version)
Date:   ADD:
01/29/04   DAVENPORT

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/29/04   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/29/04   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/29/04   HASKINS

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/29/04   CATO

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/29/04   HARRISON

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
01/29/04   PERRY

CO-SPONSOR ADDED

Bill Number:   H. 4455 (Word version)
Date:   ADD:
01/29/04   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4556 (Word version)
Date:   ADD:
01/29/04   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 3957 (Word version)
Date:   ADD:
01/29/04   HAGOOD

CO-SPONSOR ADDED

Bill Number:   H. 4405 (Word version)
Date:   ADD:
01/29/04   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3594 (Word version)
Date:   ADD:
01/29/04   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 3594 (Word version)
Date:   ADD:
01/29/04   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 3594 (Word version)
Date:   ADD:
01/29/04   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 4657 (Word version)
Date:   ADD:
01/29/04   MAHAFFEY

S. 832--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 832 (Word version) -- Senators McGill and Leatherman: A BILL TO REVISE THE METHOD BY WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 3 ARE ELECTED AND TO REDESIGNATE THE LINES OF DISTRICTS FROM WHICH THEY ARE ELECTED.

Reps. BRANHAM and COATES proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3724DW04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1. (A)   The members of the Board of Trustees of Florence County School District Number Three shall consist of nine members to be elected as follows:

(1)   five members to be elected from five single-member districts with one member being elected from each single-member district; and

(2)   four members elected from two multi-member districts with two members elected from each multi-member district.

(B)   A candidate for a seat on the board of trustees offering for a single-member district seat must be a resident and qualified elector of the single-member district. A candidate for a seat on the board of trustees from a multi-member district must be a resident and qualified elector of a multi-member district.
SECTION   2.   (A)(1)   The single-member election districts of Florence County School District Number Three are as follows:
District #1;
District #2;
District #3;
District #5; and
District #6.

(2)   The multi-member election districts of Florence County School District Number 3 are as follows:
District #4; and
District #7.

(B)   Beginning with the election conducted in 2004, those members must be elected from the election districts provided in subsection (A) by the qualified electors of that district which are shown on the official map designated as S-41-03-04 prepared by and on file with the Office of Research and Statistics of the State Budget and Control Board. The Office of Research and Statistics of the State Budget and Control Board shall provide a certified copy of the map to the school district and the Florence County Registration and Election Commission. The official map must not be changed except by an act of the General Assembly or by a court of competent jurisdiction.
SECTION   3.   (A)   Elections for Trustees for Florence County School District Number Three must be held on the second Tuesday in May of each year. The election must be conducted by parties as specified by the board of trustees. A notice of the election must be advertised in a newspaper of general circulation in the school district at least twice, thirty days before the close of the filing period. The advertisement must state the purpose of the election, the method for filing statements of candidacy, dates of the opening and closing of the filing period, place of filing, and the voting places for the election.

(B)   The board of trustees shall determine the authority who shall conduct the elections within the district on an annual basis no later than August fifteenth. The election must be conducted as nearly as practicable in accordance with the general law regulating general elections in this State, mutatis mutandis. The Commissioners of Election for Florence County shall rule on any irregularity in the election. Each seat of Trustee in Florence County School District Number Three constitutes a separate seat and must be numbered separately beginning with the number one through the number seven, including designating seats A and B in the multi-member districts. A person may not be declared elected unless he receives a majority of the votes cast in the election for the seat for which he is a candidate. In case no candidate receives a majority of the votes cast in the election for the seat, a second election between the two receiving the highest number of votes who do not withdraw must be held within thirty days after the first election. Notice of this must be advertised at least one week before the election and must be conducted in the same manner as the first election. If only one candidate remains he must be declared elected.

(C)(1)   The initial election for:

(a)   seat number 1 must be filled from single-member district number 1 in 2004;

(b)   seat number 2 must be filled from single-member district number 2 in 2004;

(c)   seat number 3 must be filled from single-member district number 3 in 2004;

(d)   seat number 4-A must be filled from multi-member district number 4-A in 2005;

(e)   seat number 4-B must be filled by multi-member district number 4-B in 2006;

(f)   seat number 5 must be filled from single-member district number 5 for a one-year term in 2004, and a subsequent election from single-member district number 5 in 2005 for a term of three years;

(g)   seat number 6 must be filled from single-member district number 6 in 2006;

(h)   seat number 7-A must be filled from multi-member district number 7-A in 2005; and

(i)   seat number 7-B must be filled from multi-member district number 7-B in 2006.

(2)   All trustees shall serve three-year terms except where specified.

(D)   A member serving as trustee on the effective date of this act, whose term expires before the initial elections are to be held to fill those seats, shall continue to serve until elections are held and a trustee is elected and qualified.
SECTION   4.   A person desiring to be a candidate for the Board of Trustees for Florence County School District Number Three shall file his statement of candidacy for a specific seat with the authority as authorized by the board of trustees between March fifteenth and twelve o'clock noon on April first of the election year. If the opening or closing day of the filing period falls on a weekend or legal holiday, the filing period begins or ends, respectively, on the next day which is not a weekend or legal holiday at the originally designated hour.
SECTION   5.   (A)   On the second Tuesday of May of each year, the Board of Trustees of Florence County School District Number Three shall call a meeting of the citizens of the district, this meeting to be held within the school district. The time and place of the meeting must be advertised in a newspaper of general circulation within the district at least once, ten days before the meeting.

(B)   The board of trustees of the district shall submit to the citizens at the meeting a proposed budget for the operation of the school or schools within the district, together with the estimated millage necessary to carry the budget into effect, which budget and millage must be only adopted by majority vote of the qualified electors present at the meeting. The persons entitled to vote at the meeting may appoint a chairman and a secretary and adjourn the meeting as necessary until business is completed. It is the duty of the chairman of the meeting to keep a correct record of all proceedings. The electors attending the meeting may change, alter, reject, or amend any budget proposed by the board of trustees. However, the tax millage levied must maintain at least the level of per pupil financial effort established in the previous fiscal year.
SECTION   6.   The Chairman of the Board of Trustees of Florence County School District Number Three, within one week after the fixing of the budget and the millage as provided in Section 5, shall certify the budget and millage to the county auditor who shall levy the millage upon all taxable property within the school district. The Treasurer of Florence County shall collect the taxes levied and the proceeds derived from the levy. The treasurer shall keep these proceeds and disburse to the district upon warrants issued or drawn by the school district. A tax levied under the provisions of this act may not be repealed at any subsequent meeting.
SECTION   7.   The boundaries of Florence County School District Number 3 in Florence County are not altered by the provisions of this act. These school district lines are as defined by law and any census blocks which may be divided are done so only for statistical purposes and to establish a population base.
SECTION   8.   Act 929 of 1974 is repealed.
SECTION   9.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

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

S. 832--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BRANHAM, with unanimous consent, it was ordered that S. 832 (Word version) be read the third time tomorrow.

ORDERED TO THIRD READING

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

H. 4627 (Word version) -- Reps. Cooper, Thompson, Martin, Stille, Townsend and White: A BILL TO AMEND ACT 509 OF 1982, RELATING TO THE TIME OF FILING FOR ELECTION TO THE SCHOOL BOARD OF TRUSTEES FOR ANDERSON COUNTY, SO AS TO CHANGE THE TIME FOR FILING FOR THE OFFICE.

H. 4626 (Word version) -- Reps. Cooper, Townsend, Thompson, Martin, Stille and White: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN ANDERSON 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. 4627--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MARTIN, with unanimous consent, it was ordered that H. 4627 (Word version) be read the third time tomorrow.

H. 4626--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4626 (Word version) be read the third time tomorrow.

SENT TO THE SENATE

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

H. 4115 (Word version) -- Reps. Lourie, Parks, Littlejohn, Weeks and McLeod: A BILL TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT OF 2003 BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE PROGRAM TO CONDUCT SURVEILLANCE AND MONITORING OF BIRTH DEFECTS AND TO MAINTAIN A CENTRAL DATABASE OF THIS INFORMATION; TO REQUIRE VARIOUS HEALTHCARE PROVIDERS TO PROVIDE ACCESS TO BIRTH DEFECT INFORMATION; TO PROVIDE PROCEDURES FOR DISCLOSURE OF INFORMATION; AND TO PROVIDE IMMUNITY AND CONFIDENTIALITY PROVISIONS AND PENALTIES FOR VIOLATIONS.

H. 3594--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, February 3, which was adopted:

H. 3594 (Word version) -- Reps. Jennings, Harrison, F. N. Smith, Lucas, G. M. Smith, Hagood, Lourie, McLeod, Delleney, Whipper, Owens and Scott: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE.

H. 4405--REQUESTS FOR DEBATE WITHDRAWN, AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. MERRILL, HINSON, SANDIFER, SCOTT, SCARBOROUGH, BREELAND, CATO, DANTZLER, E. H. PITTS, ALTMAN, CLEMMONS and GOURDINE, the following Bill was taken up:

H. 4405 (Word version) -- Reps. Cato, Wilkins, Neilson, Sandifer, Scott and Weeks: A BILL TO AMEND SECTION 58-27-865, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUEL COSTS INCURRED BY ELECTRICAL UTILITIES FOR THE SALE OF ELECTRICITY, SO AS TO FURTHER CLARIFY THAT THE TERM "FUEL COSTS RELATED TO PURCHASED POWER" INCLUDES COSTS OF FIRM GENERATION CAPACITY PURCHASES AND THE TOTAL DELIVERED COST OF ECONOMY PURCHASES OF ELECTRIC POWER.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20848SD04), which was adopted:
Amend the bill, as and if amended, by striking Section 58-27-865(A)(2) of the 1976 Code, as contained in SECTION 1, and inserting:
/     (2)   In order to clarify the intent of this section, 'fuel costs related to purchased power', as used in subsection (A)(1) shall include:

(a)   costs of firm generation capacity purchases, which are defined as purchases made to cure a capacity deficiency or to maintain adequate reserve levels; 'costs of firm generation capacity purchases' include the total delivered costs of firm generation capacity purchased excluding only generation capacity reservation charges and generation capacity option charges;

(b)   the total delivered cost of economy purchases of electric power including, but not limited to, transmission charges; 'economy purchases' are defined as purchases made to displace higher cost generation, at a price which is less than the purchasing utility's avoided variable costs for the generation of an equivalent quantity of electric power. /
Renumber sections to conform.
Amend title to conform.

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

Reps. CATO and NEILSON proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20896SD04), which was adopted:
Amend the bill, as and if amended, by striking Section 58-27-865(A)(2) of the 1976 Code, as contained in SECTION 1, and inserting:
/     (2)   In order to clarify the intent of this section, 'fuel costs related to purchased power', as used in subsection (A)(1) shall include:

(a)   costs of firm generation capacity purchases, which are defined as purchases made to cure a capacity deficiency or to maintain adequate reserve levels; 'costs of firm generation capacity purchases' include the total delivered costs of firm generation capacity purchased and shall exclude generation capacity reservation charges, generation capacity option charges, and any other capacity charges;

(b)   the total delivered cost of economy purchases of electric power including, but not limited to, transmission charges; 'economy purchases' are defined as purchases made to displace higher cost generation, at a price which is less than the purchasing utility's avoided variable costs for the generation of an equivalent quantity of electric power. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4405--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SANDIFER, with unanimous consent, it was ordered that H. 4405 (Word version) be read the third time tomorrow.

H. 3462--DEBATE ADJOURNED

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

H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.

Rep. HAYES moved to adjourn debate upon the Senate Amendments until Tuesday, February 3, which was agreed to.

SENT TO THE SENATE

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

H. 3612 (Word version) -- Reps. Littlejohn, Bailey, Cotty, Anthony, Whipper, Mahaffey, Miller, Battle, R. Brown, J. H. Neal, Rutherford, Frye, Bales, Bowers, G. Brown, J. Brown, Cobb-Hunter, Dantzler, Freeman, Gourdine, Harvin, Hayes, Ott, Clark, Lee, E. H. Pitts, Martin, McLeod, McCraw, Moody-Lawrence, Neilson, Phillips, Rhoad, Rivers, Scott, F. N. Smith, Snow, Stille, Townsend and Umphlett: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

H. 4484--ADOPTED

The following House Resolution was taken up:

H. 4484 (Word version) -- Reps. W. D. Smith and Wilkins: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS OF THE UNITED STATES TO SUPPORT NO INCREASES IN PAYROLL TAXES, NO CUTS TO SOCIAL SECURITY BENEFITS, AND OPTIONAL SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.

Whereas, demographic changes and cost increases will drain the existing Social Security system; and

Whereas, without significant changes to the system, costs will exceed revenues starting in 2018 and the system will not be able to pay any benefits by 2042; and

Whereas, not reforming the system will require a fifty percent tax increase on every working American or a thirty percent benefit cut; and

Whereas, allowing younger workers to invest a portion of their income in personal retirement accounts will keep the Social Security system solvent; and

Whereas, allowing younger workers to invest a portion of their income in personal retirement accounts will avoid any benefit cuts and/or tax increases; and

Whereas, allowing younger workers to invest a portion of their income in personal retirement accounts will provide additional savings to younger workers for greater retirement security. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, memorialize the Congress of the United States to support no increases in payroll taxes, no cuts to Social Security benefits, and optional Social Security Personal Retirement accounts.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, each member of the South Carolina Congressional Delegation, the President of the United States Senate, and the Speaker of the United States House of Representatives.

The Resolution was adopted.

RECURRENCE TO THE MORNING HOUR

Rep. TROTTER 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. 4614 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 39 IN SALUDA COUNTY THE "UNCLE BILL EARGLE MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS CONTAINING THE WORDS "UNCLE BILL EARGLE MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

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

H. 4610 (Word version) -- Reps. Chellis, Dantzler, Gourdine, Bailey, Young, Altman and Umphlett: A CONCURRENT RESOLUTION TO REQUEST THE BUDGET AND CONTROL BOARD TO NAME THE CHAPEL AT THE MACDOUGALL CORRECTIONAL INSTITUTION AT RIDGEVILLE IN HONOR OF JAMES W. "JIMMY" DUKES WHO HAS PARTICIPATED IN MINISTRIES AND PROJECTS AT THIS FACILITY SINCE IT OPENED AND WHO WAS THE PERSON MOST INSTRUMENTAL IN THE BUILDING OF THE CHAPEL.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4651 (Word version) -- Rep. Altman: A BILL TO AMEND CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 SO AS TO PROVIDE PAID LEAVE FOR STATE EMPLOYEES TO ATTEND COURT PROCEEDINGS FOR THE ADJUDICATION OF THE DEFENDANT CHARGED WITH A VIOLENT CRIME COMMITTED AGAINST THE STATE EMPLOYEE OR A MEMBER OF THE STATE EMPLOYEE'S IMMEDIATE FAMILY AND TO PROVIDE THE METHOD OF CLAIMING THIS LEAVE AND THE DEFINITION NECESSARY FOR THE ADMINISTRATION OF THIS LEAVE.
Referred to Committee on Judiciary

H. 4652 (Word version) -- Reps. J. Brown, Cotty, Scott, Govan, Lourie, McLeod, Altman, Bailey, Bingham, Breeland, G. Brown, R. Brown, Clark, Clyburn, Harrison, J. Hines, M. Hines, Keegan, Lloyd, Martin, Merrill, Ott, E. H. Pitts and Toole: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE OPERATING RECORD POINT VIOLATION SYSTEM, SO AS TO PROVIDE THAT A UNIFORM PARKING VIOLATIONS TICKET ISSUED TO A PERSON WHOSE VEHICLE VIOLATES THE PRESCRIBED USE OF A PARKING SPACE MUST BE ASSESSED TWO POINTS AGAINST HIS MOTOR VEHICLE OPERATING RECORD; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS AND THE ISSUANCE AND DISPLAY OF HANDICAPPED PLACARDS, SO AS TO ESTABLISH WHO MAY USE OR DISPLAY A HANDICAPPED PLACARD; TO PROVIDE THAT IS ILLEGAL TO FILE A FALSE APPLICATION TO OBTAIN A HANDICAPPED LICENSE PLATE OR PLACARD, AND TO PROVIDE THAT IT IS ILLEGAL TO DUPLICATE, FORGE, OR SELL A HANDICAPPED PLACARD OR LICENSE PLATE; TO AMEND SECTION 56-3-1970, AS AMENDED, RELATING TO PARKING ILLEGALLY IN A HANDICAPPED PARKING SPACE, SO AS TO INCREASE THE MAXIMUM FINE FOR A VIOLATION OF THIS PROVISION; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS, AND TO ALLOW LAW ENFORCEMENT OFFICERS TO ISSUE A UNIFORM PARKING VIOLATION TICKET TO AN OPERATOR OF A MOTOR VEHICLE WHICH IS A TWO MOTOR VEHICLE OPERATING RECORD VIOLATION.
Referred to Committee on Education and Public Works

H. 4653 (Word version) -- Reps. W. D. Smith and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA PARENTAL RESPONSIBILITIES ACT OF 2004"; BY ADDING SECTION 59-63-205 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL ADOPT A STUDENT DISCIPLINE POLICY AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 59-28-230 SO AS TO PROVIDE THAT IF A PARENT FAILS TO ATTEND A SCHOOL'S THIRD REQUEST FOR A CONFERENCE TO DISCUSS THE CHILD'S ACADEMIC PROGRESS OR VIOLATION OF SCHOOL RULES, THE DISTRICT SUPERINTENDENT, UPON CERTAIN CONDITIONS, MAY REQUEST THAT THE MAGISTRATE ISSUE A SUBPOENA TO COMPEL THE PRESENCE OF THE PARENT AND TO PROVIDE PENALTIES; BY ADDING SECTION 59-28-240 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR APPROPRIATE SCHOOL PERSONNEL WHO WORK WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION SHALL ADOPT PROGRAM APPROVAL STANDARDS FOR STUDENTS PURSUING A COLLEGE OR UNIVERSITY PROGRAM IN INSTRUCTIONAL OR ADMINISTRATIVE PERSONNEL SHALL COMPLETE TRAINING IN WORKING WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; BY ADDING ARTICLE 4, CHAPTER 65, TITLE 59 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BOARD OF TRUSTEES AND EACH SCHOOL SHALL ADOPT A TRUANCY POLICY, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH PROCEDURES TO ALLOW A STUDENT TO ENROLL IN ALTERNATIVE OR ADULT EDUCATION PROGRAMS TO PREVENT FURTHER TRUANCY, TO PROVIDE FOR THE DEVELOPMENT OF PARENT RESPONSIBILITY PROGRAMS TO ADDRESS NONATTENDANCE PROBLEMS; TO AMEND SECTION 59-65-20, RELATING TO PENALTIES FOR FAILURE TO ENROLL A CHILD IN SCHOOL, SO AS TO INCREASE THE FINE FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 59-65-50, RELATING TO NON ATTENDANCE REPORTED TO THE COURT, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SHALL NOTIFY STUDENTS AND PARENTS OR GUARDIANS OF STATE ATTENDANCE LAWS AND PENALTIES; TO PROVIDE THAT PARENTS MUST BE NOTIFIED OF CERTAIN ABSENCES AND SHALL WORK WITH THE DISTRICT TO FORMULATE AN INTERVENTION PLAN; TO PROVIDE FOR TRANSFER OF DOCUMENTS AND PLANS IF THE STUDENT TRANSFERS; AND TO PROVIDE FOR REFERRAL OF THE CASE TO THE SOLICITOR, UPON CERTAIN CONDITIONS, WHEN THE CHILD HAS TEN OR MORE UNLAWFUL ABSENCES; TO AMEND SECTION 59-65-60, RELATING TO THE COURT'S PROCEDURE UPON RECEIPT OF THE REPORT OF NONATTENDANCE, SO AS TO PROVIDE THAT FURTHER ACCUMULATION AFTER TEN UNLAWFUL ABSENCES MUST BE TOLLED UNTIL THE FAMILY COURT HEARING; TO PROVIDE THE TIMELINE AND PROCEDURE FOR REPORTING THE ABSENCES TO THE SOLICITOR, FILING THE COMPLAINT, SERVING THE COMPLAINT, AND HOLDING THE HEARING; TO PROVIDE FOR AN ATTENDANCE ORDER AND A REVISION OF THE INTERVENTION PLAN; TO PROVIDE THAT A PARENT OR GUARDIAN WHO FAILS TO COMPLY WITH THE ATTENDANCE ORDER IS GUILTY OF CONTEMPT WITH CERTAIN EXCEPTIONS AND TO PROVIDE PENALTIES; TO PROVIDE WHEN THE COURT MAY DECLARE A CHILD A TRUANT, ADJUDICATE A CHILD AS A STATUS OFFENDER, AND SUBJECT A CHILD TO APPROPRIATE PROVISIONS OF LAW; AND TO PROVIDE FOR OPTIONS WHEN A CHILD IS FOUND TO BE A HABITUAL TRUANT; BY ADDING SECTION 14-1-240 SO AS TO PROVIDE THAT THE CHIEF JUDGE FOR ADMINISTRATIVE PURPOSES IN EACH CIRCUIT SHALL SCHEDULE AT LEAST TWO DAYS A MONTH FOR A JUDGE IN A FAMILY COURT TO HEAR TRUANCY CASES; TO AMEND SECTION 56-1-176, AS AMENDED, RELATING TO CONDITIONS FOR ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT IF A STUDENT FAILS TO MEET THE EXPULSION REQUIREMENTS, THE SCHOOL DISTRICT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES, WHO MAY SUSPEND THE STUDENT'S DRIVER'S LICENSE; TO AMEND SECTION 59-65-10, AS AMENDED, RELATING TO A PARENT'S RESPONSIBILITY TO CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO INCREASE THE AGE UNTIL WHICH A CHILD SHALL ATTEND SCHOOL FROM SEVENTEEN TO EIGHTEEN; AND TO REPEAL SECTION 59-65-70 RELATING TO WHEN A COURT MAY DECLARE A CHILD DELINQUENT.
Referred to Committee on Education and Public Works

H. 4654 (Word version) -- Reps. Sinclair, Harrison, Weeks, Littlejohn, Mahaffey, Sandifer and Talley: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS, SO AS TO FURTHER DEFINE A "COUNTERFEIT MARK", TO ESTABLISH FELONIES FOR THE USE OF A COUNTERFEIT MARK IN CERTAIN INSTANCES, FOR TRAFFICKING IN CONNECTION WITH THE USE OF A COUNTERFEIT MARK, AND FOR PRODUCTION OF A COUNTERFEIT MARK, TO PROVIDE FOR SEIZURE AND SALE OF ITEMS IN CONNECTION WITH THE USE OF A COUNTERFEIT MARK, AND TO PROVIDE FOR INVESTIGATORY POWERS OF THE SECRETARY OF STATE.
Referred to Committee on Judiciary

H. 4656 (Word version) -- Reps. Cato, Sandifer, Huggins, Bailey, Bales, Barfield, Bingham, Bowers, G. Brown, J. Brown, Chellis, Cooper, Dantzler, Edge, Hamilton, Harrell, Harrison, Hinson, Jennings, Leach, Lee, Limehouse, Lourie, Mack, Martin, McCraw, Miller, Perry, Quinn, Rice, Richardson, Rutherford, Scarborough, Scott, J. R. Smith, W. D. Smith, Thompson, Tripp, Trotter, White, Witherspoon, Young, Moody-Lawrence, Gourdine and Allen: A BILL TO AMEND SECTION 58-9-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A TELEPHONE UTILITY TO BE GRANTED A CERTIFICATE OF NECESSITY BEFORE THE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO PROVIDE THAT TELECOMMUNICATIONS CARRIERS THAT HAVE ELECTED TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B) SHALL PROVIDE THESE CONTRACTS TO THE PUBLIC SERVICE COMMISSION AS REQUIRED; AND TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO THE ELECTION A LOCAL EXCHANGE CARRIER MAY MAKE WITH REGARD TO ITS REGULATION, SO AS TO PROVIDE FURTHER CONDITIONS UNDER WHICH A LOCAL EXCHANGE CARRIER MAY MAKE THIS ELECTION, TO DEFINE "ABUSE OF MARKET POSITION" AND REQUIRE THE COMMISSION TO RESOLVE COMPLAINTS WITHIN ONE HUNDRED TWENTY DAYS, TO DEFINE "BUNDLED OFFERING" AND "CONTRACT OFFERING", TO PROHIBIT THE COMMISSION FROM REGULATING A BUNDLED OFFERING OR CONTRACT OFFERING BY A CARRIER AND REQUIRE A CARRIER TO ADHERE TO AN ALTERNATIVE REGULATORY PLAN UNTIL IT EXPIRES OR IS TERMINATED BY THE COMMISSION, WHICHEVER IS SOONER, TO PROVIDE THAT A LOCAL EXCHANGE CARRIER PROVIDING BUNDLED OFFERINGS OR CONTRACT OFFERINGS IS OBLIGATED TO PROVIDE CERTAIN UNIVERSAL SERVICE FUND (USF) CONTRIBUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH ACCESS MINUTES OF USE MUST BE CLASSIFIED AND REPORTED FOR PURPOSES OF ADMINISTERING THE INTERIM LOCAL EXCHANGE CARRIER FUND.
Referred to Committee on Labor, Commerce and Industry

H. 4657 (Word version) -- Reps. Haskins, Pinson, Duncan, Vaughn, Altman, Dantzler, Davenport, Hamilton, Leach, M. A. Pitts, Taylor, Umphlett, Walker, Wilkins and Young: 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.
Referred to Committee on Judiciary

H. 4658 (Word version) -- Reps. Davenport, Barfield, Hamilton, Haskins, J. Hines, Keegan, Leach, Pinson, G. R. Smith, J. R. Smith, Snow, Talley, Tripp, Trotter, Viers, Walker and White: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA UNBORN CHILDREN'S MONUMENT COMMISSION TO ERECT A MONUMENT ON THE STATE HOUSE GROUNDS AS A MEMORIAL TO SOUTH CAROLINA CHILDREN WHOSE LIVES ENDED BEFORE THEIR BIRTH AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION AND TO REQUIRE PRIVATE FUNDING FOR THE ESTABLISHMENT OF THIS MONUMENT.
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

The following was introduced:

H. 4655 (Word version) -- Rep. Sinclair: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF FRANK HILLARD RICE, OF SPARTANBURG COUNTY, MONDAY, JANUARY 19, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4659 (Word version) -- Reps. Huggins and Quinn: A CONCURRENT RESOLUTION TO CONGRATULATE THE MUNGO COMPANY ON ITS FIFTIETH ANNIVERSARY OF PROVIDING QUALITY HOUSING TO THOUSANDS OF SOUTH CAROLINA FAMILIES, TO COMMEND MICHAEL J. MUNGO FOR HIS EXTRAORDINARY VISION, COMMITMENT, AND DEDICATED SERVICE TO THE CITIZENS AND STATE OF SOUTH CAROLINA, AND TO WISH THE MUNGO COMPANY CONTINUED SUCCESS IN ALL ITS FUTURE ENDEAVORS.

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

Rep. J. M. NEAL 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. 4607 (Word version) -- Reps. Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, 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 CONCURRENT RESOLUTION TO RECOGNIZE MS. CLAUDIA H. BURLEY OF FLORENCE COUNTY FOR FORTY YEARS OF SERVICE WITH THE SURMFIT STONE CORPORATION AND WISH HER MUCH HAPPINESS DURING HER RETIREMENT YEARS.

H. 4608 (Word version) -- Reps. J. R. Smith, Perry and D. C. Smith: A CONCURRENT RESOLUTION RECOGNIZING THE NAVAL JUNIOR ROTC OF SILVER BLUFF HIGH SCHOOL IN AIKEN COUNTY ON ITS OUTSTANDING PERFORMANCE AT THE STATEWIDE DRILL EVENT JANUARY 17, 2004, EARNING THE OVERALL STATE OF SOUTH CAROLINA NJROTC DRILL CHAMPIONSHIP.

H. 4623 (Word version) -- Rep. R. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE DR. VASHTI WASHINGTON, PRINCIPAL OF MT. ZION ELEMENTARY SCHOOL, ON BEING NAMED "RURAL EDUCATOR OF THE YEAR FOR 2002-2003" AND TO EXTEND TO HER BEST WISHES IN ALL OF HER FUTURE ENDEAVORS.

H. 4631 (Word version) -- Reps. J. R. Smith, Clyburn, Clark, Perry, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE HONORABLE SUE R. TOWNSEND OF AIKEN FOR HER MANY YEARS OF UNSELFISH PUBLIC SERVICE AS CORONER FOR AIKEN COUNTY AND EXTEND BEST WISHES TO HER UPON HER RETIREMENT.

H. 4632 (Word version) -- Reps. Mahaffey, Sinclair and Talley: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE 2003 JAMES F. BYRNES HIGH SCHOOL "REBELS" FOOTBALL TEAM AND HEAD COACH BOBBY BENTLEY FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE DIVISION II 4A STATE FOOTBALL CHAMPIONSHIP COMPETITION.

ADJOURNMENT

At 10:55 a.m. the House, in accordance with the motion of Rep. BARFIELD, adjourned in memory of the Honorable Carolyn Wright, probate judge of Conway, to meet at 10:00 a.m. tomorrow.

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