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

Thursday, March 27, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 24:1: " The earth is the Lord's and everything in it, the world, and all who live in it."
Let us pray. Unite us heavenly Father to speak with one voice as we contemplate the work we have been called to accomplish for Your people. Open our hearts, fill us with wisdom and the grace to ask and to seek Your will. May we not despair of Your goodness but desire it. Provide Your protection on our Armed Forces. Continue to give strength and wisdom to those burdened with leadership and decisions. Hear us, good Lord. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

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

MOTION ADOPTED

Rep. COTTY moved that when the House adjourns, it adjourn in memory of Florence B. DeFreeze, 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. 3333 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO THE LEGAL PASSING OF A BUS, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE NEED NOT STOP UPON MEETING A STOPPED SCHOOL BUS, AND THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE MUST STOP UPON MEETING OR PASSING A STOPPED SCHOOL BUS, AND TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE OFF-LOADED ALONG A MULTI-LANE HIGHWAY MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS A FOUR OR MULTI-LANE HIGHWAY.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 502 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION MOVE A PORTION OF THE PROJECTED "CAROLINA BAYS PARKWAY" IN HORRY COUNTY BETWEEN HIGHWAY 544 AND HIGHWAY 501 THREE HUNDRED YARDS TO THE NORTHWEST TOWARDS CONWAY TO AVOID THE HUNTERS RIDGE COMMUNITY.
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. 515 (Word version) -- Senators Grooms, Branton, Matthews and Ritchie: A CONCURRENT RESOLUTION TO CONGRATULATE THE LOURIE THEATER OF ST. GEORGE, THEIR DISTINGUISHED BOARD OF DIRECTORS, CONTRIBUTORS, SUPPORTERS, PERFORMERS, FRIENDS AND PATRONS, FOR THEIR MANY CONTRIBUTIONS AND RESOUNDING SUCCESS IN RENOVATION AND PRESERVATION OF THE LOURIE THEATER, TO COMMEND THEM FOR THEIR TREMENDOUS GIFT OF THEATER, PERFORMING ARTS, AND CULTURAL EVENTS TO THE PEOPLE OF ST. GEORGE AND THE SURROUNDING AREA, AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 528 (Word version) -- Senators Land, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT SUPPORT AND GENUINE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS FOR THE SERVICE AND SACRIFICE OF THE BRAVE MEN AND WOMEN OF THE ARMED FORCES OF THE UNITED STATES SERVING AT HOME, DEPLOYED OVERSEAS, PRESERVING THE PEACE IN FOREIGN LANDS, AND ACTIVELY ENGAGED IN ARMED CONFLICT IN IRAQ; COMMEND THEM FOR THEIR BRAVERY IN THE FACE OF DANGER AND ENDURANCE IN THE FACE OF HARDSHIP, AND THEIR DEVOTION TO DUTY, PROFESSIONALISM AND TENACITY IN THE ACCOMPLISHMENT OF THEIR MISSION; AND WISH THEM GODSPEED, A RESOUNDING VICTORY OVER THE FORCES OF EVIL, A SAFE AND EARLY RETURN HOME, AND EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

Whereas, long recognized as a nation conceived in liberty and dedicated to the proposition that all men and women are created equal and entitled to certain inalienable rights, the United States of America is steadfast in its vision, commitment, and ideals of freedom of assembly, speech and expression, freedom of worship, freedom from want, freedom from fear, with liberty and justice for all; and

Whereas, of necessity, from its foundation as a republic to the present, the United States has been vigilant to protect the Constitution, the freedoms it guarantees, and its people from enemies, both foreign and domestic, who would destroy our democracy and the blessings of liberty; and

Whereas, among present day enemies of the United States are international terrorists and terrorist organizations who, armed with cruel hate, and as evidenced by the horrific attacks of September 11, 2001, are determined to attack and kill Americans, without warning or provocation, at home and abroad; and

Whereas, the enemies of the United States include ruthless dictators and governments who harbor international terrorists, threaten their neighbors, oppress their own people, and who are developing weapons of mass destruction with hostile intent to use them on their neighbors and countries in the international community, including the United States; and

Whereas, the enemies of the United States also include false friends and misguided allies who sponsor or harbor terrorists, who supply forbidden resources, or aid and abet dictators and oppressive governments in developing weapons of mass destruction and the capacity to wage aggressive war against other countries; and

Whereas, no amount of appeasement, patience, or restraint will deter either terrorists or a ruthless dictator from secrecy, deception, or their chosen path of inflicting harm or waging aggressive war against the United States and freedom loving people worldwide, or from attempting to destroy their governments and the freedoms they enjoy. Accordingly, and of necessity, the United States has once again called upon its young men and women serving in the Armed Forces to go into harm's way, face imminent danger, and meet the deadly challenges posed by the enemies of the United States at home and abroad; and

Whereas, American troops, the brave soldiers, sailors, airmen and marines of the military services, together with trusted and loyal allies, are forward deployed, ever vigilant, and on guard on the front lines of freedom in Afghanistan, Korea, at sea, and throughout the world. Many are heavily engaged in combat operations in an armed conflict in Iraq to remove Saddam Hussein from power, rid the world of his deadly weapons of mass destruction, and free the people of Iraq from the cruel oppression of a ruthless and merciless dictator; and

Whereas, with all differences laid aside, it is fitting and proper for South Carolinians and Americans everywhere to pause and reflect on the blessings of liberty, to thank God for those blessings, to remember the brave men and women who sacrificed, fought, and died to secure and preserve those blessings in wars past, and to express South Carolina's heartfelt support and genuine appreciation for our troops serving at home, overseas, and in foreign lands to preserve the peace, especially our troops presently engaged in combat operations in Iraq. Now, therefore,

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

That the members of the General Assembly, by this resolution, express the heartfelt support and genuine appreciation of the members of the South Carolina General Assembly and all South Carolinians for the service and sacrifice of the brave men and women of the Armed Forces of the United States serving at home, deployed overseas, preserving the peace in foreign lands, and actively engaged in armed conflict in Iraq; commend them for their bravery in the face of danger and endurance in the face of hardship, and their devotion to duty, professionalism and tenacity in the accomplishment of their mission; and wish them Godspeed, a resounding victory over the forces of evil, a safe and early return home, and every success in all of their future endeavors.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Secretary of Defense, the Adjutant General of the South Carolina National Guard, and to every member of the South Carolina Congressional Delegation.

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

HOUSE RESOLUTION

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

H. 3882 (Word version) -- Rep. Kennedy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE HEMINGWAY HIGH SCHOOL "TIGERS" BOYS BASKETBALL TEAM, ITS COACHING STAFF, AND OTHER SCHOOL OFFICIALS ON MAY 7, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2003 CLASS A STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Hemingway High School "Tigers" Boys Basketball Team, its coaching staff, and other school officials on May 7, 2003, at a time to be determined by the Speaker for the purpose of being recognized for winning the 2003 Class A State Championship.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3883 (Word version) -- Rep. Kennedy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE C.E. MURRAY HIGH SCHOOL "WAR EAGLES" GIRLS BASKETBALL TEAM, ITS COACHING STAFF, AND OTHER SCHOOL OFFICIALS ON APRIL 30, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2003 CLASS A STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the C. E. Murray High School "War Eagles" Girls Basketball team, its coaching staff, and other school officials on April 30, 2003, at a time to be determined by the Speaker for the purpose of being recognized for winning the 2003 Class A State Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3884 (Word version) -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO COMMEND GERTRUDE PASLEY WILLIAMS OF GREELEYVILLE FOR HER OUTSTANDING SERVICE TO THE COMMUNITY AND HER COMMITMENT TO EDUCATION, AND TO WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3885 (Word version) -- Reps. Kennedy, Harvin and Snow: A CONCURRENT RESOLUTION TO CONGRATULATE THE C. E. MURRAY HIGH SCHOOL "WAR EAGLES" GIRLS BASKETBALL TEAM ON WINNING THE 2003 CLASS A STATE CHAMPIONSHIP, THEIR SCHOOL'S FIRST CHAMPIONSHIP VICTORY, TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK IT TOOK TO BECOME A CHAMPIONSHIP TEAM, AND TO WISH THEM EVERY SUCCESS IN THEIR ACADEMIC AND ATHLETIC CAREERS AND IN ALL OF THEIR FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3886 (Word version) -- Reps. Kennedy, Harvin and Snow: A CONCURRENT RESOLUTION TO CONGRATULATE THE HEMINGWAY HIGH SCHOOL "TIGERS" BOYS BASKETBALL TEAM ON WINNING THE 2003 CLASS A STATE CHAMPIONSHIP, TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK IT TOOK TO BECOME A CHAMPIONSHIP TEAM, AND TO WISH THEM EVERY SUCCESS IN THEIR ACADEMIC AND ATHLETIC CAREERS AND IN ALL OF THEIR FUTURE ENDEAVORS.

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

INTRODUCTION OF BILLS

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

H. 3868 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN ST. GEORGE, SOUTH CAROLINA, TO THE CITY OF ST. GEORGE.
On motion of Rep. BAILEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3869 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAMS-KINDERGARTEN OBJECTIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2746, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3870 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-READINESS TEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3871 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO MINIMUM STANDARDS FOR THE DETERMINATION OF READINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2748, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3872 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 2744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3873 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2796, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3874 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO APPLICATION FOR TEACHING CREDENTIAL-REQUIRED DOCUMENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2774, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3875 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-WRITING TEXT: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2749, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3876 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER GRANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2779, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3877 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2768, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3878 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISPOSITION OF TEXTBOOK SAMPLES AFTER STATE ADOPTION PROCESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2745, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3879 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2795, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3880 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2799, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3881 (Word version) -- Reps. G. M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F. N. Smith, J. E. Smith, Talley and Weeks: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".
Referred to Committee on Judiciary

S. 203 (Word version) -- Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson, Pinckney and Kuhn: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS.
Referred to Committee on Ways and Means

S. 263 (Word version) -- Senators Moore, Setzler and Jackson: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FROM WHOM A DNA SAMPLE CAN BE TAKEN FOR THE PURPOSE OF CREATING AND MAINTAINING A STATE DNA DATABASE, SO AS TO REQUIRE A SAMPLE UPON INCARCERATION, AFTER THE CONVICTION OF ANY FELONY, OR UPON RELEASE FROM INCARCERATION; TO AMEND SECTION 23-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO TAKE DNA SAMPLES, SO AS TO PROVIDE FOR LIABILITY IN CASES OF NEGLIGENCE WHEN TAKING A BLOOD SAMPLE FOR THE PURPOSE OF OBTAINING A DNA SAMPLE; TO AMEND SECTION 23-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIFICATIONS AND PROCEDURES FOR DNA SAMPLES, SO AS TO MANDATE SECURE STORAGE AND CONFIDENTIALITY OF THE DNA SAMPLES; TO AMEND SECTION 23-3-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF DNA PROFILES AND PENALTIES FOR DISCLOSURE, SO AS TO MAKE DNA SAMPLES CONFIDENTIAL.
Referred to Committee on Judiciary

ROLL CALL

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

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               Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Koon
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Scott                  Sheheen                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 27.

William Bowers                    Thomas Rhoad
Becky Martin                      H.B. "Chip" Limehouse
David Mack                        Todd Rutherford
Seth Whipper                      Jerry Govan
Alex Harvin

Total Present--119

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. H. NEAL a leave of absence due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Harold Shaw of Greenville is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. EMORY and J. M. NEAL presented to the House the Indian Land High School Lady Warriors Softball Team, the 2002 Class A State Champions, their coaches, and other school officials.

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. 3220 (Word version)
Date:   ADD:
03/27/03   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 3319 (Word version)
Date:   ADD:
03/27/03   GOURDINE

CO-SPONSOR ADDED

Bill Number:   H. 3744 (Word version)
Date:   ADD:
03/27/03   UMPHLETT

SENT TO THE SENATE

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

H. 3837 (Word version) -- Rep. Hayes: A BILL TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT MEMBERS MAY BE PAID FOR NOT MORE THAN TWELVE MEETINGS A YEAR RATHER THAN TEN.

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

H. 3228 (Word version) -- Reps. G. M. Smith, Sheheen and Rutherford: A BILL TO AMEND SECTION 56-5-2934, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON'S RIGHT TO COMPULSORY PROCESS WHEN CHARGED WITH THE OFFENSE OF, OR AN OFFENSE RELATED TO, DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO DELETE THE PROVISION THAT ALLOWS A PERSON CHARGED WITH AN OFFENSE TO COMPLETE A HEARING REQUEST FORM AND GIVE IT TO THE ARRESTING OFFICER WHO SHALL FORWARD IT TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES IMPOSED FOR VIOLATING THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO INCREASE THE FINES IMPOSED FOR THESE OFFENSES, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH WHILE OPERATING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO INCREASE THE FINES IMPOSED FOR THIS OFFENSE, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO A TEST TO DETERMINE HIS ALCOHOL CONCENTRATION OR WHO HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO DOES NOT ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM WITHIN A CERTAIN PERIOD TO HAVE HIS SUSPENSION REMAIN IN EFFECT AND BE DENIED ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED LICENSE AND THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING, TO DELETE THE PROVISION THAT REQUIRES A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE FILING A FORM TO OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE, TO REQUIRE A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE A LICENSE OR PERMIT IS ISSUED IF THE PERSON'S SUSPENSION IS UPHELD DURING AN ADMINISTRATIVE HEARING, TO REQUIRE A PERSON TO ENROLL IN AN ALCOHOL DRUG SAFETY ACTION PROGRAM BEFORE HE MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO REVISE THE TIME PERIOD IN WHICH A PERSON MAY REQUEST AN ADMINISTRATIVE HEARING; AND TO AMEND SECTION 56-5-2952, RELATING TO THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE CERTAIN DRIVER'S LICENSE SUSPENSIONS, SO AS TO PROVIDE THAT THIS FEE APPLIES TO ANY ADMINISTRATIVE HEARING BEFORE THE DEPARTMENT OF PUBLIC SAFETY, AND TO INCREASE THE FEE.

H. 3829 (Word version) -- Rep. J. E. Smith: A JOINT RESOLUTION TO ALLOW STATE EMPLOYEES WHO ARE MEMBERS OF FEDERALIZED NATIONAL GUARD UNITS OR ACTIVATED RESERVE UNITS, OR MEMBERS OF NATIONAL GUARD OR RESERVE UNITS WHO HAVE VOLUNTEERED FOR ACTIVE DUTY TO USE UP TO FORTY-FIVE DAYS OF ACCRUED ANNUAL LEAVE IN CALENDAR YEAR 2003 AND TO ALLOW SUCH EMPLOYEES TO USE UP TO NINETY DAYS OF ACCRUED SICK LEAVE IN CALENDAR YEAR 2003 AS IF IT WERE ANNUAL LEAVE WITHOUT REGARD TO THE THIRTY-DAY LIMIT ON ANNUAL LEAVE THAT MAY BE USED IN A YEAR, AND TO PROVIDE THE MILITARY SERVICE FOR WHICH THESE PROVISIONS APPLY.

H. 3054 (Word version) -- Reps. Walker, Hinson and Cotty: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.

H. 3850 (Word version) -- Reps. Ceips, Gilham, Herbkersman and Lloyd: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE APRIL 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BEAUFORT, SOUTH CAROLINA, TO THE CITY OF BEAUFORT.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution 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. 501 (Word version) -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 9 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE, AND SPECIFICALLY THOSE CREATED AND ESTABLISHED FOR THE PURPOSE OF FURNISHING NATURAL GAS THROUGHOUT THEIR RESPECTIVE AREAS, JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.

S. 320 (Word version) -- Senators Hayes, Branton, Hawkins and Leventis: A JOINT RESOLUTION TO AUTHORIZE THE ADJUTANT GENERAL'S OFFICE TO FURLOUGH STATE-FUNDED FTE'S DURING FISCAL YEAR 2002-2003 UNDER SPECIFIC CONDITIONS.

H. 3397--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill until Thursday, April 3, which was adopted:

H. 3397 (Word version) -- Reps. Walker, Lourie and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-80 SO AS TO ENCOURAGE TEXTBOOK PUBLISHERS TO PROVIDE COMPACT DISC COPIES OF THE TEXTBOOK OR AN EXTRA COPY OF THE TEXTBOOK FOR USE AT HOME FOR EACH MIDDLE AND SECONDARY SCHOOL TEXTBOOK PROVIDED TO THE STATE.

H. 3191--DEBATE ADJOURNED

Rep. J. BROWN moved to adjourn debate upon the following Bill until Tuesday, April 1, which was adopted:

H. 3191 (Word version) -- Reps. Barfield and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO AUTHORIZE AN INDIVIDUAL TO RECEIVE ALTERNATIVE, COMPLEMENTARY, EXPERIMENTAL, OR NONCONVENTIONAL MEDICAL TREATMENT FOR A LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT, AND TO PROVIDE THAT THIRD PARTY REIMBURSEMENT IS NOT REQUIRED FOR TREATMENT RENDERED PURSUANT TO THIS ACT.

H. 3555--RECONSIDERED

Debate was resumed on the motion to reconsider the vote whereby the following Bill, as amended, was rejected:

H. 3555 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-31 AND 5-7-31 SO AS TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT ANY ORDINANCE THAT SUPERSEDES OR IMPOSES A MORE STRINGENT STANDARD THAN THE STANDARDS ESTABLISHED BY ACT 460 OF 1996.

Rep. J. E. SMITH moved to table the motion to reconsider.

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

Yeas 41; Nays 67

Those who voted in the affirmative are:

Anthony                Bales                  Branham
Breeland               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Emory
Freeman                Gilham                 Gourdine
Herbkersman            M. Hines               Hosey
Howard                 Jennings               Keegan
Kennedy                Kirsh                  Lloyd
Lourie                 Lucas                  Mack
McGee                  McLeod                 Miller
Moody-Lawrence         J. M. Neal             Neilson
Parks                  Pinson                 Richardson
Rivers                 Scarborough            Scott
F. N. Smith            J. E. Smith            Weeks
Whipper                Young

Total--41

Those who voted in the negative are:

Altman                 Bailey                 Barfield
Battle                 Bowers                 G. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Hamilton               Harrell
Harrison               Hayes                  J. Hines
Hinson                 Huggins                Koon
Leach                  Littlejohn             Loftis
Mahaffey               Martin                 McCraw
Merrill                Ott                    Owens
Perry                  Phillips               E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Sandifer               Sheheen
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon

Total--67

So, the House refused to table the motion to reconsider.

Rep. JENNINGS spoke against the motion to reconsider.

ACTING SPEAKER CATO IN CHAIR

Rep. JENNINGS continued speaking.

Rep. JENNINGS spoke against the motion to reconsider.

SPEAKER IN CHAIR

Rep. JENNINGS continued speaking.

SPEAKER PRO TEMPORE IN CHAIR

Rep. JENNINGS continued speaking.

Rep. RICHARDSON spoke against the motion to reconsider.

SPEAKER IN CHAIR

Rep. RICHARDSON continued speaking.

Rep. RIVERS spoke against the motion to reconsider.
Rep. M. A. PITTS spoke in favor of the motion to reconsider.
Rep. LUCAS spoke against the motion to reconsider.
Rep. WITHERSPOON spoke in favor of the motion to reconsider.
Rep. COTTY spoke against the motion to reconsider.
Rep. OTT spoke in favor of the motion to reconsider.
Rep. KENNEDY spoke against the motion to reconsider.
Rep. EMORY spoke against the motion to reconsider.
Rep. WHIPPER spoke against the motion to reconsider.
Rep. WHIPPER spoke against the motion to reconsider.
Rep. QUINN spoke in favor of the motion to reconsider.
Rep. MILLER spoke against the motion to reconsider.
Rep. MILLER spoke against the motion to reconsider.

Rep. JENNINGS moved to table the motion to reconsider.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 42; Nays 71

Those who voted in the affirmative are:

Anthony                Branham                Breeland
J. Brown               R. Brown               Clyburn
Cotty                  Emory                  Freeman
Gilham                 Gourdine               Herbkersman
M. Hines               Hosey                  Howard
Jennings               Keegan                 Kennedy
Kirsh                  Limehouse              Lloyd
Lourie                 Lucas                  Mack
McGee                  McLeod                 Miller
Moody-Lawrence         J. M. Neal             Neilson
Parks                  Pinson                 Richardson
Rivers                 Rutherford             Scarborough
Scott                  D. C. Smith            J. E. Smith
Weeks                  Whipper                Young

Total--42

Those who voted in the negative are:

Allen                  Altman                 Bailey
Bales                  Barfield               Battle
Bingham                G. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Duncan                 Edge
Frye                   Govan                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  J. Hines
Hinson                 Huggins                Koon
Leach                  Lee                    Littlejohn
Loftis                 Mahaffey               Martin
McCraw                 Merrill                Ott
Owens                  Perry                  Phillips
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Sandifer
Skelton                F. N. Smith            G. M. Smith
Snow                   Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon

Total--71

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 27, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 9:

S. 9 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE, AND SPECIFICALLY THOSE CREATED AND ESTABLISHED FOR THE PURPOSE OF FURNISHING NATURAL GAS THROUGHOUT THEIR RESPECTIVE AREAS, JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 27, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 320:

S. 320 (Word version) -- Senators Hayes, Branton, Hawkins and Leventis: A JOINT RESOLUTION TO AUTHORIZE THE ADJUTANT GENERAL'S OFFICE TO FURLOUGH STATE-FUNDED FTE'S DURING FISCAL YEAR 2002-2003 UNDER SPECIFIC CONDITIONS.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President
Received as information.

CONCURRENT RESOLUTION

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

H. 3887 (Word version) -- Reps. Sandifer, Bailey, Kirsh, Cato, Edge, Huggins, Loftis, Stewart and Whitmire: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, APRIL 2, 2003, AS "SOUTH CAROLINA HOME BUILDER DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING PROFESSIONAL HOME BUILDERS AND HOUSING SPECIALISTS IN OUR STATE.

Whereas, all Americans, regardless of race, color, religion, sex, handicap, familial status, or national origin have the right to pursue the American dream of home ownership; and

Whereas, home ownership provides a sense of security for South Carolina families and their children and results in better education, more secure neighborhoods, and a better quality of life for our children; and

Whereas, more than 30,000 new homes are built in South Carolina every year; and
Whereas, the Home Builders Association of South Carolina represents nearly 6,000 member companies and has nineteen local associations throughout the State; and

Whereas, members of the Home Builders Association of South Carolina also include diverse member companies that support home building including suppliers, manufacturers, retailers, real estate professionals, land development specialists, financial institutions, insurance agencies, and specialty contractors; and

Whereas, members of the Home Builders Association of South Carolina employ more than 65,000 South Carolinians and home building accounts for four percent of South Carolina's total economic activity; and

Whereas, the purchase of a home for most South Carolinians is the single largest investment they will ever make; and

Whereas, because housing affordability is increasingly becoming a problem for many South Carolina families, the Home Builders Association of South Carolina members believe that demand for new housing should be met by the private market to the greatest extent possible and that government action and intervention that increases the cost of housing should be considered carefully and enacted only when an overwhelming public need must be met and only after housing affordability is carefully considered; and

Whereas, the framers of the Constitution of the United States considered it important to ensure the protection of an individual's property rights by establishing these rights in both the Fifth and Fourteenth Amendments to the Constitution; and

Whereas, the Home Builders Association of South Carolina is committed to the defense of private property rights and the right to buy and own a home; and

Whereas, the Home Builders Association of South Carolina and its members build the American dream. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, declare Wednesday, April 2, 2003, as "South Carolina Home Builder Day" in order to recognize and honor the many outstanding professional home builders and new housing professionals in our State.

Be it further resolved that a copy of this resolution be presented to Marc Ellis, 2003 President of the Home Builders Association of South Carolina.

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

INTRODUCTION OF BILLS

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

H. 3888 (Word version) -- Rep. Hinson: A BILL TO AMEND SECTION 11-27-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION ON BONDS OF THE SCHOOL DISTRICTS, SO AS TO DEEM A COMPLETE OR PARTIAL SUCCESSOR-IN-INTEREST TO, OR OTHER TRANSFEREE OF, OR OTHER ASSOCIATE OF A SCHOOL DISTRICT TO BE THE SCHOOL DISTRICT FOR BONDING PURPOSES WHEN THE SUCCESSOR, TRANSFEREE, OR ASSOCIATE UNDERTAKES ALL OR A PORTION OF THE OPERATION OR ASSUMES ALL OR A PORTION OF A DUTY OF THE SCHOOL DISTRICT.
Referred to Committee on Ways and Means

H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter and Umphlett: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REUSING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3890 (Word version) -- Reps. Walker, Clyburn, Bailey, Battle, Ceips, Chellis, Clark, Cobb-Hunter, Freeman, Gilham, Haskins, Hayes, Herbkersman, J. Hines, Hosey, Koon, Littlejohn, Lourie, Mahaffey, McLeod, Miller, Moody-Lawrence, Neilson, Phillips, Rhoad, Rivers, Taylor, Toole and Vaughn: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO AUTHORIZE LOCAL BOARDS OF TRUSTEES TO SET THE ANNUAL CALENDAR FOR THE SCHOOL DISTRICT UNDER CERTAIN CONDITIONS AND REQUIREMENTS.
Referred to Committee on Education and Public Works

H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M. A. Pitts, Scarborough, F. N. Smith, J. E. Smith, Talley, Toole, Umphlett, Viers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.
Referred to Committee on Medical, Military, Public and Municipal Affairs

Rep. HOSEY 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. 3835 (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, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE JOAN C. SCOTT OF COLUMBIA FOR BEING THE FIRST AFRICAN AMERICAN TO HOLD THE POSITION OF PRESIDENT OF THE PALMETTO CABINET AND ON BEING THE IMMEDIATE PAST PRESIDENT OF THE PALMETTO CABINET, COMMEND HER FOR HER MANY CONTRIBUTIONS AS PRESIDENT OF THE PALMETTO CABINET, AND WISH HER MUCH SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

H. 3843 (Word version) -- Reps. Jennings, 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, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON LEARNING OF THE DEATH OF PRIVATE FIRST CLASS SPENCE MCNEIL OF BENNETTSVILLE AND TO EXTEND DEEPEST SYMPATHY TO HIS LOVING FAMILY AND FRIENDS.

H. 3844 (Word version) -- Reps. Harrison, J. E. Smith, Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Quinn, Rutherford and Scott: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE DREHER HIGH SCHOOL SAT TEAM OF COLUMBIA FOR THEIR HARD WORK AND RECENT ACCOMPLISHMENTS, INCLUDING BEING NAMED THE CLASS AAA LOWER STATE AND STATE CHAMPIONS FOR 2003.

H. 3845 (Word version) -- Reps. Harrison, J. E. Smith, Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Quinn, Rutherford and Scott: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE DREHER HIGH SCHOOL GIRLS' BASKETBALL TEAM AND TO THEIR COACH, TERESA JONES, OF COLUMBIA ON THEIR REMARKABLE SEASON AND ON CAPTURING THE CLASS AAA STATE CHAMPIONSHIP TITLE ON SATURDAY, MARCH 8, 2003.

H. 3846 (Word version) -- Reps. Harrison, J. E. Smith, Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Quinn, Rutherford and Scott: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE DREHER HIGH SCHOOL DRAMA DEPARTMENT AND THE DREHER DRAMA DEVILS OF COLUMBIA FOR THEIR OUTSTANDING PERFORMANCES AT THIS YEAR'S PALMETTO DRAMATICS ASSOCIATION'S DRAMA FESTIVAL, FOR RECEIVING A SUPERIOR RATING, AND FOR BEING THE HIGHEST POINT WINNERS OF THE FESTIVAL.

H. 3847 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO COMMEND COACH CALHOUN F. "CALLY" GAULT OF CLINTON FOR OVER FORTY YEARS OF OUTSTANDING SERVICE AS THE HEAD COACH AND ATHLETIC DIRECTOR AT NORTH AUGUSTA HIGH SCHOOL IN NORTH AUGUSTA AND AT PRESBYTERIAN COLLEGE IN CLINTON.

H. 3848 (Word version) -- Reps. Sandifer, 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, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND DR. PAUL A. SANDIFER, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES, UPON THE OCCASION OF HIS RETIREMENT ON APRIL 1, 2003, FOR HIS OUTSTANDING LEADERSHIP AND MANY ACCOMPLISHMENTS DURING HIS THIRTY-ONE YEARS OF DISTINGUISHED PUBLIC SERVICE, TO EXPRESS THE DEEP APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR HIS DEDICATION AND FAITHFUL SERVICE ON BEHALF OF THE PEOPLE AND THE RESOURCES OF THE STATE OF SOUTH CAROLINA, AND TO WISH HIM GOOD HEALTH AND MUCH SUCCESS IN ALL HIS FUTURE ENDEAVORS.

H. 3849 (Word version) -- Reps. Miller and Snow: A CONCURRENT RESOLUTION TO CONGRATULATE THE GEORGETOWN COUNTY GOVERNMENT ON RECEIVING THE "COUNTIES CARE FOR KIDS AWARD" FROM THE NATIONAL ASSOCIATION OF COUNTIES AND TO COMMEND THEM FOR THEIR OUTSTANDING COMMITMENT TO EDUCATION.

H. 3851 (Word version) -- Rep. Richardson: A CONCURRENT RESOLUTION TO CONGRATULATE COZETTE STACY NOWAK OF FORT MILL ON WINNING THE MS. SOUTH CAROLINA SENIOR CLASSIC 2002, TO COMMEND HER FOR HER MANY CONTRIBUTIONS AS MS. SOUTH CAROLINA SENIOR AND TO THE COMMUNITY, AND TO WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

H. 3856 (Word version) -- Rep. D. C. Smith: A CONCURRENT RESOLUTION TO COMMEMORATE THE LIFE, PUBLIC SERVICE, AND SACRIFICE OF WADE HAMPTON III, OF SOUTH CAROLINA, GOVERNOR, SENATOR, AND SOLDIER, AND TO COMMEND THE SERGEANT BERRY G. BENSON CAMP NO. 1672, SONS OF CONFEDERATE VETERANS, OF NORTH AUGUSTA, FOR THEIR FAITHFUL REMEMBRANCE OF THIS DISTINGUISHED PUBLIC SERVANT AND LEADER, IN PEACE AND WAR, ON THE ONE HUNDRED EIGHTY-FIFTH ANNIVERSARY OF HIS BIRTH.

ADJOURNMENT

At 12:40 p.m the House, in accordance with the motion of Rep. COTTY, adjourned in memory of Florence B. DeFreeze, to meet at 10:00 a.m. tomorrow.

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