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


Printed Page 889 . . . . . Thursday, February 5, 2004

Thursday, February 5, 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 4:13: "Hold on to instruction, do not let it go; guard it well, for it is your life."
Let us pray Lord God, You have blessed us with minds to comprehend what You desire of us. Now may we be able to discern what You expect of these representatives of Your people. Bless our State and Nation. Keep our defenders of freedom in Your everlasting care. 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 PRO TEMPORE.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.

MOTION ADOPTED

Rep. MCCRAW moved that when the House adjourns, it adjourn in memory of The Honorable W. R. "Bobby" Douglas, probate judge of Gaffney, which was agreed to.

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 2828
Agency:   Department of Labor, Licensing and Regulation, Contractors' Licensing Board
Statutory Authority: 1976 Code Section 40-11-60
Burglar Alarm Systems
Received by Speaker of the House of Representatives
April 16, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration August 14, 2003
Withdrawn and Resubmitted April 04, 2004


Printed Page 890 . . . . . Thursday, February 5, 2004

Document No. 2860
Agency: Department of Labor, Licensing and Regulation - Board of Medical Examiners
Statutory Authority: 1976 Code Sections 40-47-20 and 40-47-80
Requirements for Limited License
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 11, 2004
Withdrawn and Resubmitted April 04, 2004

REPORT OF STANDING COMMITTEE

Rep. HARVIN, from the Clarendon Delegation, submitted a favorable report on:

S. 481 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
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. 4707 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.


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H. 4708 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTIONS 59-53-510, AS AMENDED, 59-53-520, 59-53-530, AND 59-53-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE NORTHEASTERN TECHNICAL COLLEGE AREA COMMISSION, SO AS TO INCLUDE DILLON COUNTY IN THE COUNTIES IN WHICH PROGRAMS OF VOCATIONAL AND TECHNICAL EDUCATION ARE ADMINISTERED, TO INCLUDE DILLON COUNTY IN THE COUNTIES IN WHICH THE COMMISSION MAY ACQUIRE ADDITIONAL SITES FOR CONSTRUCTION OF APPROPRIATE FACILITIES, TO PROVIDE THAT THE COMMISSION MAY EXPEND FUNDS DERIVED FROM BONDS ISSUED BY DILLON COUNTY, TO PROVIDE THAT COPIES OF THE AUDIT OF THE COMMISSION'S ACCOUNTS MUST BE DELIVERED TO THE LEGISLATIVE DELEGATIONS AND GOVERNING BODIES OF DILLON COUNTY; AND TO REPEAL SECTION 59-53-550 RELATING TO THE BUDGET OF THE NORTHEASTERN TECHNICAL COLLEGE AREA COMMISSION.
On motion of Rep. HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4709 (Word version) -- Reps. Bailey and Chellis: A BILL TO AMEND SECTION 12-21-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT FOR ANY BINGO LICENSE TO BE ISSUED THE ORGANIZATION, PROMOTER, OR INDIVIDUAL MUST HAVE BEEN DOMICILED IN THIS STATE FOR AT LEAST THREE YEARS OR, IN THE CASE OF AN ORGANIZATION, TO HAVE BEEN ACTIVE IN THIS STATE FOR AT LEAST THREE YEARS, SO AS TO REDUCE THE MINIMUM TIME FOR AN ORGANIZATION TO HAVE BEEN ACTIVE IN THIS STATE FROM AT LEAST THREE TO AT LEAST TWO YEARS.
On motion of Rep. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

The following was introduced:

H. 4710 (Word version) -- Rep. Clyburn: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR RUTH WILLIAMS ASHE FOR HER EXTRAORDINARY SERVICE AND LIFETIME COMMITMENT


Printed Page 892 . . . . . Thursday, February 5, 2004

TO EDUCATION AND COMMUNITY SERVICE AND TO EXTEND TO HER BEST WISHES IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gourdine               Govan
Hagood                 Harrell                Harrison
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                J. M. Neal             Neilson
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Scott                  Sheheen                Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp

Printed Page 893 . . . . . Thursday, February 5, 2004

Trotter                Umphlett               Vaughn
Viers                  Weeks                  White
Whitmire               Witherspoon            Young

STATEMENT OF ATTENDANCE

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

Robert Walker                     H.B. "Chip" Limehouse
Kenny Bingham                     Harry Ott
Glenn Hamilton                    Bessie Moody-Lawrence
Vida Miller                       Becky Martin
Todd Rutherford                   Brenda Lee
Gloria Haskins                    Alex Harvin
Seth Whipper                      Joseph Neal

Total Present--119

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. PHILLIPS a leave of absence due to illness.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. WILKINS a leave of absence.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. GILHAM a leave of absence for the day.

SPECIAL PRESENTATION

Rep. FREEMAN presented to the House the Central High School "Eagles" Football Team, the 2003 Class AA Champions, their coaches and other school officials.

DOCTOR OF THE DAY

Announcement was made that Dr. S. Nelson Weston of Columbia is the Doctor of the Day for the General Assembly.


Printed Page 894 . . . . . Thursday, February 5, 2004

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. 4658 (Word version)
Date:   ADD:
02/05/04   COOPER

CO-SPONSOR ADDED

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/05/04   MCGEE

CO-SPONSOR ADDED

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/05/04   KOON

CO-SPONSOR ADDED

Bill Number:   H. 4658 (Word version)
Date:   ADD:
02/05/04   SIMRILL


Printed Page 895 . . . . . Thursday, February 5, 2004

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   HARRELL

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   LITTLEJOHN

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   J. E. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   SCOTT

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   TROTTER

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   J. R. SMITH


Printed Page 896 . . . . . Thursday, February 5, 2004

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/05/04   TRIPP

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   HAYES

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   ANTHONY

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   BRANHAM

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   M. HINES

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   J. HINES

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   HARRELL

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   G. BROWN


Printed Page 897 . . . . . Thursday, February 5, 2004

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   J. M. NEAL

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   HUGGINS

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
02/05/04   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 4453 (Word version)
Date:   ADD:
02/05/04   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
02/05/04   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3400 (Word version)
Date:   ADD:
02/05/04   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4354 (Word version)
Date:   ADD:
02/05/04   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 4556 (Word version)
Date:   ADD:
02/05/04   HARVIN


Printed Page 898 . . . . . Thursday, February 5, 2004

CO-SPONSOR ADDED

Bill Number:   H. 4446 (Word version)
Date:   ADD:
02/05/04   TOWNSEND

SENT TO THE SENATE

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

H. 4681 (Word version) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3726 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERFERENCE WITH A CHILD CUSTODY ORDER, SO AS TO PROVIDE CIRCUMSTANCES IN WHICH A LAW ENFORCEMENT OFFICER MAY RECOVER A CHILD WHOM HE BELIEVES HAS BEEN TAKEN OR IS BEING WITHHELD FROM HIS LEGAL CUSTODIAN, AND TO PROVIDE A PENALTY FOR A PERSON WHO KNOWINGLY GIVES FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER DURING THE COURSE OF A DISPUTE INVOLVING THE CUSTODY OF A CHILD.

H. 4673 (Word version) -- Reps. Young, Chellis, Bailey and Harrell: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, 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, AND CORRECT CERTAIN REFERENCES.


Printed Page 899 . . . . . Thursday, February 5, 2004

H. 4678 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, D. C. Smith, Stewart and Perry: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER 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. 4679 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 7-7-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN LEE COUNTY, DESIGNATE 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, AND CORRECT CERTAIN REFERENCES.

H. 4415 (Word version) -- Reps. J. Brown, Bales, Cotty, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford, Scott and J. E. Smith: A BILL 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 REMOVE THE TERM LIMITATION FOR THE MEMBERS OF THE COMMISSION.

ORDERED TO THIRD READING

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

H. 4695 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD 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.


Printed Page 900 . . . . . Thursday, February 5, 2004

H. 4700 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN BAMBERG-EHRHARDT SCHOOL DISTRICT 1 AND DENMARK-OLAR SCHOOL DISTRICT 2 IN BAMBERG COUNTY WHEN THE SCHOOLS WERE 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.

H. 4702 (Word version) -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

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 explained the Bill.

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


Printed Page 901 . . . . . Thursday, February 5, 2004

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.

Rep. CATO explained the Bill.

STATEMENT FOR THE JOURNAL

The purpose of the Bill is to alter the legal powers of electric cooperatives so as to remove the present limitation on service rights of cooperatives outside of rural areas while at the same time protecting the service rights of IOUs and municipally-owned electrical utilities ("electric cities"). The Bill would: (1) eliminate the concept of "rural areas" in connection with the service rights of cooperatives; (2) change the name "rural electrical cooperative" to "electric cooperative;" (3)


Printed Page 902 . . . . . Thursday, February 5, 2004

permit cooperatives to serve new customers within their previously assigned territory or previously unassigned territory after annexation or incorporation into a municipality, subject to the consent of the municipality; and (4) protect the rights of IOUs to serve within their previously assigned territory or previously unassigned territory after annexation or incorporation into a municipality, subject to the consent of the municipality. The Bill would not empower cooperatives to serve new customers after annexation or incorporation into an electric city unless expressly approved by the municipality and its commission or board of public works, if any. Additionally, the Bill would not alter existing cooperative service rights with regard to annexations occurring prior to the effective date of this Bill. The constitutional and statutory powers of municipalities would be expressly protected, but not enlarged.
Under current law, cooperative are restricted from serving in municipalities of greater than 2,500 population, subject to specified exceptions, by operation of the existing definition of "rural areas." The Bill would abolish the "rural" designation and the 2,500 population limit, thus abolishing the Hamlet or 2,500 Rule. The Bill conveys equal status relative to the service rights of electric cooperatives and IOUs to serve new premises in future annexed or incorporated areas. After annexation or incorporation, a cooperative would have the authority to serve in areas that had previously been assigned to it by the Public Service Commission pursuant to the Territorial Assignment Act, subject to the consent of the municipality. A cooperative would not have authority to serve in an area which had been assigned to an IOU prior to annexation or incorporation. An IOU would no longer have the authority to serve in territory that had been assigned to a cooperative prior to annexation or incorporation. Both cooperatives and IOUs would have the authority to serve in areas that had been unassigned prior to annexation or incorporation, subject to the consent of the municipality. As in the current statute, a cooperative has statutory-implied consent, except in electric cities, to extend new service in the permitted parts of the newly annexed or incorporated area until the municipality acts.
The Bill protects current service rights in municipal limits as they exist on the date of the enactment of this Bill. If an electric supplier can legally serve within the existing municipal limits on the effective date of the Act, the Act does not affect such rights. The Bill does not affect existing service to any premises by an IOU, cooperative, or electric city. The Bill allows an electric supplier to take over service to

Printed Page 903 . . . . . Thursday, February 5, 2004

premises already being served by another electric supplier only under the limited circumstances and subject to procedures existing in current law.
Under S.C. Code Ann. Section 58-27-620(1)(d), electric suppliers have the exclusive right to serve within 300 feet of their electric lines as such lines existed on July 1, 1969, in areas outside of municipalities. Where existing electric lines of electric suppliers parallel or overlap, special rules apply. Those areas within 300 feet of such lines are called corridors.
Under this Bill, the service rights of an electric supplier within its previously assigned territory after annexation or incorporation would include all corridors lying within the boundaries of the assigned territory as if the corridors were a part of the assigned territory. As under present law, corridor rights under the Territorial Assignment Act will have no effect after annexation or incorporation.
(1) The Bill would not affect the statutory powers of the Public Service Authority or transmission cooperatives. (2) The Bill is prospective in application. The change in the powers of cooperatives and IOUs only apply within areas annexed or incorporated after the effective date of the Bill. (3) The Bill would exempt electric cities from its application by withholding from cooperatives any legal authority to provide any new service within such cities after annexation or incorporation unless expressly permitted to do so by ordinance of the municipal council and contractual consent of the board or commission of public works, if any. (4) The Bill expressly recognizes and protects, but does not expand, the constitutional, home rule, and police powers of municipalities. The Bill does not directly restrict municipal authority but only would restrict the powers of cooperatives and IOUs to accept service rights in certain annexed or newly incorporated areas. (5) The Bill contains a non-severability clause. If any part of the Bill is found unconstitutional, the entire Bill falls.
Rep. Cato

H. 4695--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FREEMAN, with unanimous consent, it was ordered that H. 4695 (Word version) be read the third time tomorrow.


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H. 4700--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 4700 (Word version) be read the third time tomorrow.

H. 4702--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SCOTT, with unanimous consent, it was ordered that H. 4702 (Word version) be read the third time tomorrow.

S. 844--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that S. 844 (Word version) be read the third time tomorrow.

H. 4645--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SCOTT, with unanimous consent, it was ordered that H. 4645 (Word version) be read the third time tomorrow.

ORDERED ENROLLED FOR RATIFICATION

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

S. 731 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISHING SEASON AND OTHER FISHING REGULATIONS ON SLADE LAKE IN EDGEFIELD COUNTY, SO AS TO FURTHER SPECIFY THESE REGULATIONS AND TO ALSO PROHIBIT THE USE OF NONGAME FISHING DEVICES AND THE POSSESSION OF FIREARMS, GLASS CONTAINERS, AND ALCOHOL AND TO PROHIBIT LITTERING AND THE IMPROPER OPERATION OR PARKING OF MOTOR VEHICLES.

H. 3714--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3714 (Word version) -- Reps. Townsend, Wilkins, Talley, Walker, Cobb-Hunter, Whitmire, Martin, Miller, Lourie and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH


Printed Page 905 . . . . . Thursday, February 5, 2004

CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT: TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO INCORPORATE THE CHARACTER TRAITS OF THE FAMILY RESPECT ACT INTO THIS EDUCATIONAL COMPONENT; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, AMONG OTHER THINGS, REPORTS ON COMPLIANCE WITH THIS ACT AND THE CHARACTER EDUCATION ACT AND DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.

Reps. TOWNSEND, RICE, OWENS, STEWART, D. C. SMITH, MOODY-LAWRENCE, KIRSH, RICHARDSON, HAMILTON, MILLER, VIERS, J. R. SMITH, SKELTON, TROTTER, J. E. SMITH, LOURIE, COBB-HUNTER, STILLE, NEILSON, DUNCAN, TAYLOR and PINSON requested debate on the Bill.

H. 4453--POINT OF ORDER

The following Bill was taken up:

H. 4453 (Word version) -- Reps. Sheheen, Jennings, Altman and McLeod: A BILL TO AMEND SECTION 19-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIFE EXPECTANCY TABLE FOR CIVIL LITIGATION, SO AS TO UPDATE THE TABLE USING THE 2001 COMMISSIONERS STANDARD ORDINARY MORTALITY TABLE.

POINT OF ORDER

Rep. TRIPP 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 PRO TEMPORE sustained the Point of Order.


Printed Page 906 . . . . . Thursday, February 5, 2004

H. 4354--POINT OF ORDER

The following Bill was taken up:

H. 4354 (Word version) -- Reps. Hagood, Littlejohn, Young, Chellis, Lourie and Miller: A BILL TO ENACT THE "SOUTH CAROLINA INFRASTRUCTURE PRIORITY INVESTMENT ACT OF 2003" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO ESTABLISH COORDINATION BETWEEN ADJACENT AND OTHER RELEVANT JURISDICTIONS DURING THE LOCAL PLANNING PROCESS AND TO ESTABLISH THE DESIGNATION OF PRIORITY INFRASTRUCTURE AREAS AS AN ELEMENT OF COMPREHENSIVE PLANS.

POINT OF ORDER

Rep. WHITE 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 PRO TEMPORE sustained the Point of Order.

H. 3400--POINT OF ORDER

The following Bill was taken up:

H. 3400 (Word version) -- Reps. M. A. Pitts, Taylor and McLeod: A BILL TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.

Rep. DELLENEY explained the Bill.

POINT OF ORDER

Rep. J. E. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and


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title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER PRO TEMPORE sustained the Point of Order.

H. 4455--POINT OF ORDER

The following Bill was taken up:

H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

POINT OF ORDER

Rep. CLEMMONS 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 PRO TEMPORE sustained the Point of Order.

H. 4397--POINT OF ORDER

The following Bill was taken up:

H. 4397 (Word version) -- Reps. Mack, Breeland, Whipper, Branham and R. Brown: A BILL TO AMEND SECTION 40-47-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, SO AS TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE


Printed Page 908 . . . . . Thursday, February 5, 2004

OF ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO ALLOW A BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN ACTING AS A SUPERVISING ANESTHESIOLOGIST, SO AS TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1275, RELATING TO THE PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, SO AS TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO CHANGE THE NAME OF A SUPERVISOR FEE TO A SUPERVISOR SPONSOR FEE.

POINT OF ORDER

Rep. J. BROWN 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 PRO TEMPORE sustained the Point of Order.

H. 3636--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3636 (Word version) -- Reps. Snow, G. Brown, Coates, Cobb-Hunter, J. Hines, Kennedy, Martin, J. H. Neal, Sandifer, G. M. Smith, Weeks, Whitmire and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-960 SO AS TO PROVIDE THAT A PERSON OR GROUP ENGAGING IN A MUSICAL PRODUCTION OR PERFORMANCE MAY UTILIZE THE NAME OF ANOTHER PERSON OR GROUP IF THAT PERSON OR ONE MEMBER OF THE GROUP UTILIZING THE NAME PERFORMED A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, TO DEFINE "SIGNIFICANT ROLE" FOR PURPOSES OF THIS SECTION, TO PROVIDE FOR PERFORMANCE OF A "SALUTE" OR "TRIBUTE" ONLY BY A PERSON OR GROUP THAT DID NOT PERFORM A


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SIGNIFICANT ROLE IN THE RECORDINGS OF A PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, AND TO PROVIDE THAT A PERSON OR GROUP UTILIZING THE NAME OF ANOTHER PERSON OR GROUP THAT DID NOT PERFORM A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP SHALL AFFIRMATIVELY DISCLOSE THAT THEY DID NOT PERFORM A SIGNIFICANT ROLE IN THE PRODUCTION OR RELEASE OF THE RECORDINGS OR WITH THE PERSON OR GROUP WHO PRODUCED AND RELEASED THE RECORDINGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1850MM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION   1.   Chapter 5, Title 39 of the 1976 Code is amended by adding:

"Section 39-5-38.   (A)   For purposes of this section:

(1)   'performing person or group' means a vocal or instrumental performer seeking to use the name of another person or group that has previously produced or released, or both, a commercial recording; and

(2)   'recording person or group' means a vocal or instrumental performer that has previously produced or released, or both, a commercial recording.

(B)   It is an unlawful trade practice pursuant to Section 39-5-20 to advertise a live musical performance or production in South Carolina through the use of a false, deceptive, or misleading affiliation, connection, or association between the performing person or group with a recording person or group.

(C)   The advertisement of a live musical performance does not violate subsection (B) if the:

(1)   performing person or at least one member of the performing group was a member of the recording person or group;

(2)   live musical performance or production is identified as a 'salute' or 'tribute' to, and is otherwise unaffiliated with, the recording person or group;

(3)   advertising does not relate to a live musical performance taking place in South Carolina; or


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(4)   performance is expressly authorized in the advertising by the recording person or group."
SECTION   2.   The penalties and remedies provided in this act are cumulative of and in addition to other provisions of law.
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3636--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SINCLAIR, with unanimous consent, it was ordered that H. 3636 (Word version) be read the third time tomorrow.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3145 (Word version) from the Committee on Ways and Means.
Rep. ALTMAN objected.

SENT TO THE SENATE

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

H. 3987 (Word version) -- Reps. White, Altman and Toole: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE


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FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.

S. 858--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 858 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 261 IN CLARENDON COUNTY THE "MANNY MOORE INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THE WORDS "MANNY MOORE INTERCHANGE".

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

That the members of the General Assembly of the State of South Carolina request the Department of Transportation to name the interchange located at the intersection of Interstate Highway 95 and South Carolina Highway 261 in Clarendon County the "Manny Moore Interchange" and to erect appropriate markers or signs at this interchange containing the words "Manny Moore Interchange".

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

Rep. LEACH explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.


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H. 4630--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

H. 4630 (Word version) -- Reps. Viers, Barfield, Altman, Anthony, Bingham, G. Brown, Davenport, Delleney, Duncan, Frye, Harrison, Haskins, Herbkersman, Hosey, Leach, Limehouse, Littlejohn, Lloyd, Lucas, McCraw, Owens, Phillips, Pinson, M. A. Pitts, Rhoad, Simrill, D. C. Smith, G. R. Smith, Stille, Taylor, Whitmire and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO ALLOW FOR THE DISPLAY OF THE TEN COMMANDMENTS IN PUBLIC SCHOOLS, GOVERNMENT OFFICES, PUBLIC BUILDINGS, AND OTHER PUBLIC PLACES.

Rep. MCLEOD moved to adjourn debate on the Resolution until Tuesday, February 10, which was agreed to.

H. 4647--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

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".

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

That the members of the South Carolina General Assembly 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


Printed Page 913 . . . . . Thursday, February 5, 2004

Representatives, and to install appropriate markers or signs at the bridge containing the words "Paul J. Gelegotis Memorial Bridge".

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

Rep. SCARBOROUGH explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. J. BROWN 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. 3479 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO RESCIND THE DECISIONS TO JOIN THE NORTH AMERICAN FREE TRADE AGREEMENT AND THE GENERAL AGREEMENT ON TARIFFS AND TRADE.
Ordered for consideration tomorrow.

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

H. 4503 (Word version) -- Reps. J. R. Smith, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES HOUSE OF REPRESENTATIVES TO ENACT H.RES. 103 WHICH ESTABLISHES A SELECT COMMITTEE ON POW AND MIA AFFAIRS IN THE UNITED STATES HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.

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

H. 4705 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO


Printed Page 914 . . . . . Thursday, February 5, 2004

ERECT APPROPRIATE SIGNS AT EXITS 53 AND 57 ON INTERSTATE HIGHWAY 95 IN COLLETON COUNTY THAT CONTAIN THE WORDS "TUSKEGEE AIRMEN MONUMENT" INDICATING THE DIRECTION TO THE TUSKEGEE AIRMEN MONUMENT AND TO ERECT ADDITIONAL SIGNS TO DIRECT MOTORISTS TO THE MONUMENT FROM BOTH EXITS.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4711 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE OUTSTANDING COMMUNITY SERVICE OF MR. KENNETH L. TONEY OF SPARTANBURG COUNTY.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4712 (Word version) -- Rep. Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4713 (Word version) -- Reps. G. M. Smith, Weeks and Coates: A BILL TO AMEND ACT 797 OF 1988, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY, SO AS TO ADD A VOTING MEMBER TO THE CAREER CENTER BOARD OF TRUSTEES.
On motion of Rep. G. M. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4714 (Word version) -- Rep. Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-


Printed Page 915 . . . . . Thursday, February 5, 2004

11-81 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO PAY A PREMIUM FOR THE PREPAID LEGAL INSURANCE OF A STATE EMPLOYEE BY MEANS OF PAYROLL DEDUCTION AND TO PROVIDE THE CONDITIONS APPLICABLE WITH RESPECT TO THE PAYROLL DEDUCTION.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

The following was introduced:

H. 4715 (Word version) -- Reps. Bowers, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, 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, 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 HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE COLLETON PREPARATORY ACADEMY "WAR HAWKS" FOOTBALL TEAM OF COLLETON COUNTY ON ITS VICTORY IN THE 2003 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AA STATE CHAMPIONSHIP GAME.

The Resolution was adopted.


Printed Page 916 . . . . . Thursday, February 5, 2004

HOUSE RESOLUTION

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

H. 4716 (Word version) -- Reps. Bowers, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, 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, 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 HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE COLLETON PREPARATORY ACADEMY "WAR HAWKS" FOOTBALL TEAM OF COLLETON COUNTY, HEAD COACH BROCK MILLER, AND OTHER SCHOOL OFFICIALS, ON WEDNESDAY, FEBRUARY 25, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR COLLABORATIVE EFFORTS AND HARD WORK IN CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION 2003 CLASS AA STATE FOOTBALL CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Colleton Preparatory Academy "War Hawks" Football Team of Colleton County, Head Coach Brock Miller, and other school officials, on Wednesday, February 25, 2004, at a time to be determined by the Speaker, for the purpose of being recognized


Printed Page 917 . . . . . Thursday, February 5, 2004

and congratulated on their collaborative efforts and hard work in capturing the South Carolina Independent Schools Association Class AA State Football Championship Title.

The Resolution was adopted.

Rep. RICE 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. 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.

H. 4618 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING MUNICIPAL


Printed Page 918 . . . . . Thursday, February 5, 2004

OFFICIALS IN SOUTH CAROLINA BY DECLARING THAT FEBRUARY 18, 2004, BE KNOWN AS "SOUTH CAROLINA HOMETOWN DAY" IN HONOR OF THEIR TIRELESS EFFORTS TO MAKE OUR CITIES AND TOWNS OUTSTANDING PLACES TO LIVE.

H. 4620 (Word version) -- Reps. McGee, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, 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 AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 11, 2004.

H. 4661 (Word version) -- Reps. Parks, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair,


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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. ANGELA CHRISTOPHER OF GREENWOOD COUNTY FOR HER WORK AS FOUNDER AND EXECUTIVE DIRECTOR OF RAVEN, INC., AND TO WISH HER MUCH SUCCESS AS SHE PURSUES A DOCTORATE DEGREE AT EMORY UNIVERSITY.

H. 4685 (Word version) -- Reps. G. M. Smith, Weeks, Coates, J. H. Neal, G. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, 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. 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. 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, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND WILLIAM BURKE WATSON, SR., OF SUMTER ON RECEIVING THE PRESTIGIOUS 2003 SUMTER YMCA HUMANITARIAN OF THE YEAR AWARD HONORING HIS DEDICATION AND SERVICE TO THE YMCA AND OTHER COMMUNITY ORGANIZATIONS.

H. 4689 (Word version) -- Reps. Talley, W. D. Smith, Sinclair, F. N. Smith, G. M. Smith, Lee, 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,


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Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, 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, Skelton, D. C. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE 2003 WOFFORD COLLEGE "TERRIERS" FOOTBALL TEAM FOR THEIR OUTSTANDING SEASON AS THE SOUTHERN CONFERENCE FOOTBALL CHAMPIONS AND TO HEAD COACH MIKE AYERS FOR BEING NAMED NATIONAL COACH OF THE YEAR IN DIVISION I-AA BY THE AMERICAN FOOTBALL COACHES ASSOCIATION.

H. 4706 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION RECOGNIZING THE LEGACY OF HENRIETTA DALTON AND ROLAND HAWKINS AS THEIR DESCENDANTS CELEBRATE THEIR FORE PARENT'S RICH HISTORY.

ADJOURNMENT

At 10:55 a.m. the House, in accordance with the motion of Rep. MCCRAW, adjourned in memory of The Honorable W. R. "Bobby" Douglas, probate judge of Gaffney, to meet at 10:00 a.m. tomorrow.

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