House Journal for Feb. 3, 2004 - South Carolina Legislature Online

Tuesday, February 3, 2004 (Statewide Session)

Indicates Matter Stricken Indicates New Matter

The House assembled at 12:00 noon. Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Proverbs 1:5: “Let the wise listen and add to their learning, and let the discerning get guidance.” Let us pray. All wise and generous Lord, put into the minds and hearts of these women and men the desire to accomplish the work at hand, listening for Your direction. Keep our Nation, our State, and our defenders of freedom in Your protective care. Hear us, O Lord as we pray. Amen.

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

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

MOTION ADOPTED Rep. G. BROWN moved that when the House adjourns, it adjourn in memory of William Douglas White, Jr., of Lee County, which was agreed to.

MESSAGE FROM THE SENATE The following was received:

Columbia, S.C., January 29, 2004 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. 809:

25 TUESDAY, FEBRUARY 3, 2004

S. 809 -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 24, 2004, AND TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JOHN A. BRIEDEN III, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IMMEDIATELY FOLLOWING THE STATE OF THE JUDICIARY ADDRESS BY THE HONORABLE JEAN HOEFER TOAL.

Very respectfully, President Received as information.

REGULATIONS RECEIVED The following were received and referred to the appropriate committees for consideration:

Document No. 2850 Agency: Department of Revenue Statutory Authority: 1976 Code Section 12-4-320 Property Tax Reorganization Received by Speaker of the House of Representatives January 30, 2004 Referred to Ways and Means Committee Legislative Review Expiration May 29, 2004

Document No. 2882 Agency: Department of Consumer Affairs Statutory Authority: 1976 Code Section 37-17-10(F) Prescription Drug Discount Cards Received by Speaker of the House of Representatives February 3, 2004 Referred to Labor, Commerce and Industry Committee Legislative Review Expiration June 2, 2004

REPORTS OF STANDING COMMITTEES Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3726 -- 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. Ordered for consideration tomorrow.

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

H. 3714 -- 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 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. Ordered for consideration tomorrow.

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

H. 4660 -- Reps. Lourie, Neilson and Bales: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON TUESDAY THROUGH THURSDAY, SEPTEMBER 14 THROUGH SEPTEMBER 16, 2004, PROVIDED THE HOUSE IS NOT IN SESSION, AND TO PROVIDE FOR THE USE OF THE HOUSE CHAMBER ON ALTERNATE DATES AND TIMES AS MAY BE SELECTED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the South Carolina Silver Haired Legislature is authorized to use the Chamber of the South Carolina House of Representatives on Tuesday through Thursday, September 14 through September 16, 2004, provided the House of Representatives is not in session on those dates. If the House of Representatives is in statewide session, the House Chamber may not be used on those dates but may be used by the South Carolina Silver Haired Legislature on alternate dates and times as may be selected by the Speaker.

Be it further resolved that the use of the Chamber of the South Carolina House of Representatives by the South Carolina Silver Haired Legislature must be in accordance with the policies and rules of the South Carolina House of Representatives.

The Resolution was adopted.

CONCURRENT RESOLUTION The following was introduced:

H. 4661 -- 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, 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.

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

CONCURRENT RESOLUTION The Senate sent to the House the following:

S. 858 -- 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". The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION The following was taken up for immediate consideration:

S. 866 -- Senator J. V. Smith: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MARCH AS COLORECTAL

CANCER AWARENESS MONTH IN THE STATE OF SOUTH CAROLINA.

Whereas, colorectal cancer is the second leading cause of cancer deaths in both men and women in the United States; and

Whereas, it is estimated that 56,000 people will die needlessly this year from this disease that is so highly preventable; and

Whereas, 30,000 lives a year could be saved if men and women would simply be screened; and

Whereas, screening for colorectal cancer is underutilized, and less than 50 percent of individuals above age 50 receive annual screenings for colorectal cancer; and

Whereas, regular screenings can detect polyps that lead to colorectal cancer and can save lives; and

Whereas, education can help inform the public of methods of prevention and early detection; and

Whereas, adopting a healthy diet at a young age can significantly reduce the risk of developing colorectal cancer; and

Whereas, on November 19, 1999, the United States Senate declared March 2000 as the first National Colorectal Awareness Month; and

Whereas, March is also designated as National Nutrition Awareness Month; and

Whereas, the State of South Carolina should help inform the public about colorectal cancer prevention and screening. Now, therefore,

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

That the members of the General Assembly designate the month of March as Colorectal Cancer Awareness Month in the State of South Carolina.

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

S. 874 -- Senator Ford: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER OF SERVICE TO THE AFRICAN METHODIST EPISCOPAL CHURCH, HIS COMMUNITY, AND NATION OF BISHOP JOHN HURST ADAMS, SENIOR BISHOP OF THE AFRICAN METHODIST EPISCOPAL CHURCH, ON THE OCCASION OF HIS RETIREMENT AND JOINING HIS FAMILY, COLLEAGUES, AND MANY FRIENDS IN WISHING HIM YEARS OF GOOD HEALTH AND HAPPINESS TO ENJOY THE FRUITS OF HIS LABORS AND HIS MANY ACCOMPLISHMENTS.

S. 875 -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE DISTINGUISHED CAREER AND DEDICATED SERVICE OF THE MOST REVEREND FREDERICK HILLBORN TALBOT, BISHOP OF THE AFRICAN METHODIST EPISCOPAL CHURCH, AND TO EXTEND TO HIM BEST WISHES FOR GOOD HEALTH AND HAPPINESS IN HIS RETIREMENT.

S. 876 -- Senator Ford: A CONCURRENT RESOLUTION TO EXTOL BISHOP FRANK CURTIS CUMMINGS FOR HIS SERVICE AND DEVOTION TO THE AFRICAN METHODIST EPISCOPAL CHURCH, AND TO RECOGNIZE HIS

OUTSTANDING CONTRIBUTIONS UPON THE OCCASION OF HIS RETIREMENT.

S. 877 -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF AFRICAN METHODIST EPISCOPAL CHURCH BISHOP VERNON RANDOLPH BYRD UPON THE OCCASION OF HIS RETIREMENT AND WISHING HIM GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.

S. 878 -- Senator Ford: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO BISHOP HENRY ALLEN BELIN, JR. OF THE AFRICAN METHODIST EPISCOPAL CHURCH FOR HIS DECADES OF SPIRITUAL LEADERSHIP AND BEST WISHES FOR A LONG AND FRUITFUL RETIREMENT.

S. 879 -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE THE NUMEROUS AND SIGNIFICANT CONTRIBUTIONS OF BISHOP ZEDEKIAH LAZETT GRADY TO THE AFRICAN METHODIST EPISCOPAL CHURCH ON THE OCCASION OF HIS RETIREMENT.

S. 880 -- Senator Ford: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF BISHOP VINTON RANDOLPH ANDERSON UPON HIS

RETIREMENT IN FEBRUARY, 2004, AND EXTEND BEST WISHES TO HIM ON HIS FUTURE ENDEAVORS.

S. 881 -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND BISHOP HAMEL HARTFORD BROOKINS FOR HIS DISTINGUISHED CAREER AS A MINISTER AND BISHOP OF THE AME CHURCH UPON HIS RETIREMENT.

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

H. 4662 -- Reps. Neilson, Lucas and J. Hines: A BILL TO AMEND SECTION 41-31-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE EMPLOYEES REQUIRED TO REIMBURSE THE SOUTH CAROLINA EMPLOYMENT COMMISSION FOR UNEMPLOYMENT BENEFITS PAID THAT ARE ATTRIBUTABLE TO SUCH AN EMPLOYER, SO AS TO PROVIDE THAT NO REIMBURSEMENT IS REQUIRED WHEN THE EMPLOYER IS AN ENTITY OF PUBLIC EDUCATION AND THE EMPLOYMENT SECURITY COMMISSION DETERMINES THAT THE INDIVIDUAL WAS SEPARATED FROM EMPLOYMENT BY SUCH AN ENTITY BECAUSE OF CERTIFICATION REQUIREMENTS IMPOSED BY STATE OR FEDERAL LAW AND THE INDIVIDUAL WAS UNABLE TO MEET THOSE CERTIFICATION REQUIREMENTS BY VIRTUE OF INABILITY. Referred to Committee on Labor, Commerce and Industry

H. 4663 -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42- 1-180 SO AS TO LIMIT THE DISABILITY RATING ESTABLISHED BY THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION TO A MAXIMUM OF ONE HUNDRED FIFTY PERCENT OF THE AMERICAN MEDICAL ASSOCIATION GUIDELINES FOR IMPAIRMENT. Referred to Committee on Labor, Commerce and Industry

H. 4664 -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42- 1-190 SO AS TO ELIMINATE ANY COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO THE INJURED WORKER WHEN ALCOHOL OR OTHER ILLEGAL SUBSTANCES ARE FOUND TO BE PRESENT IN THE PERSON'S BODY. Referred to Committee on Labor, Commerce and Industry

H. 4665 -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42- 1-200 SO AS TO ELIMINATE COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO THE INJURED WORKER WHEN THE ACCIDENT WAS INTENTIONAL, OR WHEN THE INJURED FAILED TO FOLLOW COMPANY, STATE OR FEDERAL POLICIES, RULES, AND REGULATIONS. Referred to Committee on Labor, Commerce and Industry

H. 4666 -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42- 1-210 SO AS TO ELIMINATE ANY COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO ANY INJURED WORKER WHEN THE INJURED WORKER IS AN ILLEGAL ALIEN AND HAS GAINED EMPLOYMENT THROUGH FRAUDULENT MEANS OR METHODS, OR BOTH. Referred to Committee on Labor, Commerce and Industry

H. 4667 -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42- 9-95 SO AS TO NOT PAY LOST WAGE COMPENSATION TO AN INJURED WORKER DURING ALL PERIODS OF TIME WHILE THE INJURED WORKER IS INCARCERATED. Referred to Committee on Labor, Commerce and Industry

H. 4668 -- Rep. Leach: A BILL TO AMEND SECTION 42-15-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTS LEARNED BY PHYSICIANS OR SURGEONS DURING THE COURSE OF ATTENDING OR EXAMINING A WORKER'S COMPENSATION CLAIMANT ARE NOT PRIVILEGED, SO AS TO CLARIFY THAT PHYSICIANS, SURGEONS, OR OTHER HEALTH PROVIDERS MAY DISCUSS CERTAIN FACTS WITH REPRESENTATIVES OF THE PARTIES WITHOUT VIOLATING PHYSICIAN-PATIENT CONFIDENTIALITY. Referred to Committee on Labor, Commerce and Industry

H. 4669 -- Rep. Leach: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO ELIMINATE THE PRESUMPTION OF TOTAL DISABILITY IN CASES WHERE THERE IS FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK. Referred to Committee on Labor, Commerce and Industry

H. 4670 -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42- 15-85 SO AS TO DEFINE THE CLAIMANT'S BURDEN OF PROOF AND TO PROVIDE THAT CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN BY EXPERT WITNESS TESTIMONY. Referred to Committee on Labor, Commerce and Industry

H. 4671 -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42- 1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT. Referred to Committee on Labor, Commerce and Industry

H. 4672 -- Rep. Leach: A BILL TO AMEND SECTION 42-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE REQUIRED TO BE GIVEN TO AN EMPLOYER BY AN EMPLOYEE AFTER AN ACCIDENT, SO AS TO CHANGE FROM NINETY TO FOURTEEN DAYS THAT THE NOTICE MUST BE GIVEN. Referred to Committee on Labor, Commerce and Industry

H. 4673 -- 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. On motion of Rep. YOUNG, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4674 -- Reps. Coates, Loftis, Viers, Simrill, Witherspoon, Quinn, Altman, Barfield, Bingham, Clark, Clemmons, Davenport, Delleney, Duncan, Herbkersman, Hinson, Leach, Littlejohn, Mahaffey, McGee, Owens, Perry, Pinson, M. A. Pitts, Richardson, Scarborough, Sinclair, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Talley, Taylor, Toole, Tripp, Trotter, Umphlett, Vaughn, Walker, Whitmire and Wilkins: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE. Referred to Committee on Judiciary

H. 4675 -- Rep. Harrison: A BILL TO AMEND SECTION 16-11- 700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY; HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER- GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS. Referred to Committee on Judiciary

H. 4676 -- Rep. Harrison: A BILL TO AMEND CHAPTER 9, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF CHIROPRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40, FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CHIROPRACTORS, INCLUDING FURTHER SPECIFYING THE SCOPE OF PRACTICE, REQUIRING MALPRACTICE INSURANCE, AUTHORIZING DELEGATION OF TREATMENT UNDER CERTAIN CONDITIONS, STUDENT PRECEPTOR TRAINING PROGRAMS, OUT-OF-STATE CONSULTANTS, AND LICENSURE BY ENDORSEMENT, AND PROVIDING IMMUNITY FROM LIABILITY. Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4677 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF PERSONS WHO MANUFACTURE, SELL, INSTALL, MODIFY, OR ALTER MANUFACTURED HOMES, SO AS TO DEFINE "NEW MANUFACTURED HOME". Referred to Committee on Labor, Commerce and Industry

H. 4678 -- Reps. J. R. Smith, Clark, Clyburn, D. C. Smith, Stewart and Whitmire: 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. On motion of Rep. J. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4679 -- 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. On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4681 -- 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.

On motion of Rep. NEILSON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

HOUSE RESOLUTION The following was introduced:

H. 4680 -- Rep. Harrison: A HOUSE RESOLUTION TO COMMEND ASHLEY HARWELL-BEACH, FORMER CHIEF COUNSEL TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE, FOR HER EXCELLENT SERVICE TO THE COMMITTEE AND EXTEND BEST WISHES TO HER IN HER NEW ENDEAVORS.

Whereas, Ashley Harwell-Beach joined the Judiciary Committee of the South Carolina House of Representatives as Assistant Director of Research in November 1998 and became its Chief Counsel in July 2000; and

Whereas, she arrived at the General Assembly after distinguishing herself as Director for the South Carolina Sentencing Guidelines Commission; and

Whereas, her experience and knowledge have proven invaluable to the Judiciary Committee as it examines complex legislation, particularly in the areas of Criminal Law, Election Law, Family Law, and Redistricting; and

Whereas, the Judiciary Committee and its staff will miss her warmth and friendliness, her endless stash of candy, her love of holidays, and her dedicated interest in the law clerks; and

Whereas, her colleagues also will suffer the loss of her dual roles as “Judiciary Committee Mother” and “Leather Tuscadero”; and

Whereas, Ashley has embarked on a new career at Legislative Council; and Whereas, the members of the Judiciary Committee express their gratitude to Ashley for her diligence and the professionalism with which she performed the work of the committee and House; and

Whereas, her vital presence will be missed by all; however, we look forward to our continued association as we work with her in her new position with Legislative Council. Now, therefore,

That the members of the South Carolina House of Representatives commend Ashley Harwell-Beach, former Chief Counsel to the House Judiciary Committee, for her excellent service to the committee and extend best wishes to her in her new endeavors.

Be it further resolved that a copy of this resolution be presented to Ashley Harwell-Beach.

ROLL CALL The roll call of the House of Representatives was taken resulting as follows: 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 Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson

Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. 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 Walker Weeks White Whitmire Wilkins Witherspoon Young

STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Tuesday, February 3. Karl Allen James Harrison Jerry Govan David Mack Lonnie Hosey Brenda Lee

Total Present--116

LEAVE OF ABSENCE The SPEAKER granted Rep. PHILLIPS a leave of absence for the day due to illness.

LEAVE OF ABSENCE The SPEAKER granted Rep. COLEMAN a leave of absence for the week of February 3 due to being in Federal Court and not being excused by the Judge to attend session.

DOCTOR OF THE DAY Announcement was made that Dr. Gerald Harmon of Pawleys Island is the Doctor of the Day for the General Assembly. CO-SPONSORS ADDED AND REMOVED 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,

43 TUESDAY, FEBRUARY 3, 2004 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. 4556 Date: ADD: 02/03/04 W. D. SMITH

CO-SPONSOR ADDED Bill Number: H. 4658 Date: ADD: 02/03/04 LITTLEJOHN

CO-SPONSOR ADDED Bill Number: H. 4658 Date: ADD: 02/03/04 BINGHAM

CO-SPONSOR ADDED Bill Number: H. 4658 Date: ADD: 02/03/04 TOOLE

CO-SPONSOR ADDED Bill Number: H. 4658 Date: ADD: 02/03/04 G. BROWN

CO-SPONSOR ADDED Bill Number: H. 4658 Date: ADD: 02/03/04 OWENS

CO-SPONSOR ADDED Bill Number: H. 4658 Date: ADD: 02/03/04 COATES

CO-SPONSOR ADDED Bill Number: H. 3714 Date: ADD: 02/03/04 TALLEY

CO-SPONSOR ADDED Bill Number: H. 4481 Date: ADD: 02/03/04 DUNCAN

CO-SPONSOR ADDED Bill Number: H. 4481 Date: ADD: 02/03/04 COATES

CO-SPONSOR ADDED Bill Number: H. 4481 Date: ADD: 02/03/04 STILLE

CO-SPONSOR ADDED Bill Number: H. 3594 Date: ADD: 02/03/04 BINGHAM

CO-SPONSOR REMOVED Bill Number: H. 3525 Date: REMOVE: 02/03/04 TOOLE

H. 3594--AMENDED AND ORDERED TO THIRD READING The following Bill was taken up:

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20883AC04), which was adopted: Amend the bill, as and if amended, in Section 23-3-620, as contained in SECTION 1, page 1, line 37; page 2, lines 18, 29, and 30; page 3, lines 11, 22, and 23; and page 4, lines 2 and 4 by deleting / 2003 / and inserting / 2004 /; Amend the bill further, in Section 23-3-620, as contained in SECTION 1, by deleting /eavesdropping or peeping (Section 16-17-470); / on page 2, line 10 and page 3, lines 1 and 37 and inserting /eavesdropping or peeping (, as provided for in Section 16-17-470); / so when amended Section 23-3-620 reads:

“Section 23-3-620. (A) Following sentencing and at the time of intake at a jail or prison, a sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by: (1) a person convicted or adjudicated delinquent on or after July 1, 2000, June 30, 2004, for: (a) a violent crime (, as provided for in Section 16-1-60), excluding drug trafficking ( Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or (b) involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A)); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (, as provided for in Section 16-25-65); eavesdropping or peeping (, as provided for in Section 16-17-470); stalking (, as provided for in Section 16-3-1700); or aggravated stalking (, as provided for in Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and (2) any criminal offender convicted or adjudicated delinquent on or after July 1, 2000 June 30, 2004, who is ordered by the court to provide a sample. (B) A convicted offender who is required to provide a DNA sample under subsections subsection (A)(1) or (A)(2), but who is not sentenced to a term of confinement must provide a sample as a condition of his sentence. This sample shall be taken at a prison, jail, or other location as specified by the sentencing court. (C) At such time as possible and before parole or release from confinement, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by: (1) a person who was convicted or adjudicated delinquent before July 1, 2000 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 June 30, 2004, for: (a) a violent crime (, as provided for in Section 16-1-60), excluding drug trafficking ( Sections 44-53-370(e) and 44-53-375(C));

47 TUESDAY, FEBRUARY 3, 2004 arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or (b) involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A)); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (, as provided for in Section 16-25-65); eavesdropping or peeping (, as provided for in Section 16-17-470); stalking (, as provided for in Section 16-3-1700); or aggravated stalking (, as provided for in Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and (2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 June 30, 2004. (D) An agency having custody of an offender who is required to provide a DNA sample under subsection (C)(1) or (C)(2) must notify SLED at least three days, excluding weekends and holidays, before the individual is paroled or released from confinement. (E) At such time as possible and before release from confinement or release from the agency’s jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by: (1) a person convicted or adjudicated delinquent before July 1, 2000 2004, who is serving a probated sentence or is paroled on or after July 1, 2000 June 30, 2004, for: (a) a violent crime (, as provided for in Section 16-1-60), excluding drug trafficking ( Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or (b) involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A));

48 TUESDAY, FEBRUARY 3, 2004 burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (, as provided for in Section 16-25-65); eavesdropping or peeping (, as provided for in Section 16-17-470); stalking (, as provided for in Section 16-3-1700); or aggravated stalking (, as provided for in Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); sexual intercourse with patient or trainee (Section 44-23-1150); and (2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000 2004, and who is serving a probated sentence or is paroled on or after July 1, 2000 June 30, 2004. (F) A person who provides a sample pursuant to this article also must provide such other information as may be required by SLED. (G) A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination. (H) The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510.” Renumber sections to conform. Amend title to conform.

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

Reps. JENNINGS and HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10033SJ04), which was adopted: Amend the bill, as and if amended, by striking subsection (A)(1)(a) of Section 23-3-620, as contained in SECTION 1, and inserting / a felony; or /. Amend the bill further, by striking subsection (C)(1)(a) of Section 23-3-620, as contained in SECTION 1, and inserting /a felony; or / Amend the bill further, by striking subsection (E)(1)(a) of 23-3-620, as contained in SECTION 1, and inserting / a felony; or /. Amend title to conform.

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

Rep. JENNINGS explained the Bill.

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

H. 4537--AMENDED AND ORDERED TO THIRD READING The following Bill was taken up:

H. 4537 -- Reps. Walker, Wilkins, W. D. Smith, Harrison, Witherspoon, Cato, Townsend, Littlejohn, Davenport, J. E. Smith, Huggins, Lourie, Scott, Bales, McGee, Sinclair, Anthony, Harvin, Cotty, Leach, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Sheheen, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Young and M. Hines: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4, RELATING TO THE ESTABLISHMENT, FUNCTIONS, AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE THE STATE AERONAUTICS COMMISSION WITHIN THE DEPARTMENT TO OVERSEE THE OPERATION OF THE DEPARTMENT'S DIVISION OF AERONAUTICS AND TO APPOINT THE DIVISION'S DIRECTOR; TO AMEND SECTION 55-5-20, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO REVISE THE DEFINITION OF "AVIATION GASOLINE" TO INCLUDE GENERAL AVIATION JET FUEL; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE

PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND, AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR THE PURPOSES OF THE DEPARTMENT OF TRANSPORTATION'S AERONAUTICS DIVISION; BY ADDING SECTION 58-8-220 SO AS TO PROVIDE FOR THE FUNDING OF THE ACTIVITIES OF THE DIVISION OF AERONAUTICS; BY ADDING SECTION 57-3-35 SO AS TO PROVIDE FOR THE ORGANIZATION AND OBJECTIVE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE ITS DIVISION FOR AERONAUTICS; TO AMEND SECTION 1-30-105, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO ESTABLISH A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT AND TO DELETE AN OBSOLETE REFERENCE; TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 12-28-2720, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THIS FEE MAY NOT BE USED FOR THE PURPOSE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 12-36- 1710, RELATING TO THE EXCISE TAX LEVIED ON THE CASUAL SALES OF CERTAIN ITEMS, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 13-1-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S DIVISION OF AERONAUTICS AND ITS FUNCTIONS; TO AMEND SECTION 13-1-20, RELATING TO THE PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S MANDATE TO DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 15-9-390, AS AMENDED, RELATING TO SERVICE OF PROCESS ON NONRESIDENT OPERATORS OF AIRCRAFT, SO AS TO SUBSTITUTE DIRECTOR OF THE

DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 15-9-410, AS AMENDED, RELATING TO CERTAIN PROVISIONS THAT DO NOT APPLY TO ANY INCORPORATED CARRIER HOLDING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 23-33-20, AS AMENDED, RELATING TO THE OBTAINING OF A PERMIT BEFORE FIRING OR ATTEMPTING TO FIRE OR DISCHARGE A MISSILE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO PRESCRIBING STANDARDS FOR THE CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-1-1, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE AND DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT GOVERN THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-190, AS AMENDED, RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-230, RELATING TO APPEALS FROM ORDERS ISSUED BY THE DIVISION OF AERONAUTICS, SO AS TO INCREASE THE PERIOD OF TIME WITHIN WHICH A PERSON AGAINST WHOM AN ORDER HAS BEEN ENTERED MAY APPEAL THE ORDER, AND TO PROVIDE THAT THE APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION INSTEAD OF THE CIRCUIT COURT; TO AMEND SECTION 55-8-10, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO

AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR THE TERM DEPARTMENT OF COMMERCE WITHIN THE DEFINITION OF THE TERM AGENCY; TO AMEND SECTION 55-8-50, AS AMENDED, RELATING TO POLICY BONDS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-11-10, AS AMENDED, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-15-10, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT PERTAIN TO RELOCATION ASSISTANCE, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 57-1-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT; TO AMEND SECTION 57-1-30, AS AMENDED, RELATING TO THE FUNCTIONS AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT AMONG ITS FUNCTIONS AND PURPOSES, THE DEPARTMENT SHALL DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 57-3-10, AS AMENDED, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MUST CONTAIN A DIVISION OF AERONAUTICS; TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO THE RESPONSIBILITIES AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION'S DIVISION DIRECTORS, SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DIVISION OF AERONAUTICS' DEPUTY DIRECTOR; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR PURPOSES OF THE DEPARTMENT OF

TRANSPORTATION DIVISION OF AERONAUTICS; AND TO REPEAL ARTICLE 7, CHAPTER 1, TITLE 13 AND SECTIONS 55- 5-240 AND 55-5-250 RELATING TO THE APPEAL OF A DECISION ENTERED BY THE DEPARTMENT OF COMMERCE DIVISION OF AERONAUTICS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5791CM04), which was adopted: Amend the bill, as and if amended, Section 57-4-100, as contained in SECTION 1, page 5, by striking lines 4 through 7 and inserting: / Section 57-4-100. The State Aeronautics Commission is hereby created within the Department of Transportation to establish and oversee the public policy operations of the department’s Division of Aeronautics. / Amend the bill further, Section 58-8-220, as contained in SECTION 4, page 8, by inserting /of the Department of Transportation/ after / Aeronautics/ on line 11. When amended, Section 58-8-220 shall read: /Section 58-8-220. The activities of the Division of Aeronautics of the Department of Transportation must be funded through the State Aviation Fund and general appropriations to the Division of Aeronautics./ Amend the bill further, Section 55-1-1, as contained in SECTION 18, page 13, by striking lines 25 through 29 and inserting: /Section 55-1-1. There is created a Division of Aeronautics within the Department of Commerce Transportation which shall be governed by the Secretary of Commerce State Aeronautics Commission as provided in Chapter 1 of Title 13. The commission must establish and oversee the public policy operations of the division. The Director of the Department of Transportation must establish and oversee the administrative operations of the division. The division’s director must be appointed or dismissed by the Director of the Department of Transportation with the advice and consent of the commission. The division is subject to the administrative procedures of the Department of Transportation. / Amend the bill further, by adding the following appropriately numbered SECTION: / SECTION __. Section 55-8-20 of the 1976 Code is amended to read:

Section 55-8-20. (a)(A) The agency shall administer and enforce the provisions of this chapter and may promulgate regulations necessary for its administration, which shall become effective pursuant to Sections 1-23-10 et seq. (b)(B) The agency shall provide for hearings upon request of any person who may be affected by its orders or acts under the provisions of this chapter and may provide for a stay thereof of it until a hearing may be had held. Any A person aggrieved by any an order or act of the agency hereunder may have judicial review thereof of it by appeal to the circuit court by the filing of written notice of appeal with the grounds thereof with the agency and the circuit court within ten days Administrative Law Judge Division within thirty days after the order or act becomes final. The agency shall transmit to the court the original or a certified copy of the entire record of the proceeding under review, including a transcript of any oral testimony taken at the hearing, at the cost of the appellant. By order of court or by stipulation of all parties to the appeal, the record may be shortened by the elimination of any portion thereof of it. The court shall determine whether the filing of the appeal shall operate operates as a stay of any such an order or act of the agency and the terms of such the stay. The court may, in disposing of the issues before it, affirm, modify or reverse the order or act of the agency in whole or in part and may enter its own order or may reverse and remand the cause for further proceedings by the agency./ Renumber sections to conform. Amend title to conform.

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

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

H. 4415--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

H. 4415 -- 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.

OBJECTION TO RECALL Rep. VIERS asked unanimous consent to recall H. 3501 from the Committee on Education and Public Works. Rep. MILLER objected.

S. 731--RECALLED FROM COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS On motion of Rep. CLYBURN, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:

S. 731 -- 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. 3462--NONCONCURRENCE IN SENATE AMENDMENTS The Senate amendments to the following Concurrent Resolution were taken up for consideration:

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

Rep. EDGE explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

S. 560--NONCONCURRENCE IN SENATE AMENDMENTS The Senate amendments to the following Bill were taken up for consideration:

S. 560 -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF

LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.

Rep. HARRELL explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

H. 4614--ADOPTED AND SENT TO SENATE The following Concurrent Resolution was taken up:

H. 4614 -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 39 IN SALUDA COUNTY THE "UNCLE BILL EARGLE MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS CONTAINING THE WORDS "UNCLE BILL EARGLE MEMORIAL HIGHWAY".

Whereas, the members of the General Assembly of South Carolina consider it an honor and a privilege to request that a portion of South Carolina Highway 39 in Saluda County be named the “Uncle Bill Eargle Memorial Highway”; and

Whereas, the residents along this stretch of highway have expressed their positive approval of the installation of this sign and wish to memorialize their beloved friend and neighbor, Uncle Bill Eargle, with this honor; and

Whereas, Uncle Bill Eargle will live on in the memories of his friends, and his highway will be a constant reminder of all his good works and charity. Now, therefore,

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

That the members of the General Assembly request the South Carolina Department of Transportation to name that portion of South Carolina Highway 39, approximately two miles in length beginning at its intersection of South Carolina Highway 178 and ending at its intersection of Forrest Hills Drive in Saluda County, the “Uncle Bill Eargle Memorial Highway” and to install appropriate markers containing the words “Uncle Bill Eargle Memorial Highway”.

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

The Concurrent Resolution was adopted and sent to the Senate.

H. 4610--ADOPTED AND SENT TO SENATE The following Concurrent Resolution was taken up:

H. 4610 -- 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.

Whereas, in the 1960’s when the MacDougall Correctional Institution at Ridgeville was built, a group of men from Summerville realized that these young men in the facility would need guidance as well as personal items in their new environment; and

Whereas, many men helped with the MacDougall ministry and the “Starter Kit” project, but the work of James W. “Jimmy” Dukes stood out, and he continued to serve as long as access to the facility was available; and

Whereas, in the 1970’s Jimmy Dukes realized the need for a chapel at the MacDougall campus and undertook the enormous task of raising funds, getting state approval, and building this chapel. He worked untiringly for years to accomplish this feat; and

Whereas, his only request was that the chapel have a baptistery. He chaired a thirty-five member committee drawn from all faiths, groups, and areas of the Lowcountry to get this project completed; and

Whereas, this extraordinary man has given of his time and talents for over four decades to help inmates incarcerated at MacDougall in ways in which they could not do for themselves; and

Whereas, the members of the General Assembly would like to recognize and honor Jimmy Dukes by naming the chapel at MacDougall in his honor. Now, therefore,

That the members of the General Assembly, by this resolution, 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.

Be it further resolved that a copy of this resolution be forwarded to the Budget and Control Board.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR Rep. WHITE 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. 4617 -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE AT INTERSTATE HIGHWAY I-385 AND UNITED STATES HIGHWAY U.S. 49 IN LAURENS COUNTY THE "GEORGE L. PHINNEY MEMORIAL INTERCHANGE" IN HONOR OF THE LATE GEORGE L. PHINNEY, WHOSE GOOD WORKS AND GOOD DEEDS MADE LAURENS COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS COUNTRY BETTER PLACES TO LIVE, AND INSTALL APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE. Ordered for consideration tomorrow.

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

H. 4628 -- Reps. Lloyd, R. Brown and Bowers: A HOUSE RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO 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.

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

H. 4586 -- Reps. M. A. Pitts, Duncan, Merrill, Parks, Pinson and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE LAW ENFORCEMENT STAGING AREA LOCATED ON LAKE GREENWOOD IN LAURENS COUNTY AS THE "DR. JULIUS L. LEARY, JR., LAW ENFORCEMENT STAGING AREA" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN. Ordered for consideration tomorrow.

H. 4682 -- Reps. Limehouse, Quinn, 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, 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, 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 COMMEND AND EXTOL MR. B. BOYKIN ROSE FOR HIS MANY YEARS OF PUBLIC SERVICE INCLUDING SERVICE AS THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.

H. 4683 -- Reps. Coates, Weeks, G. M. Smith, 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 HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO SHERIFF TOMMY MIMS, JR., OF SUMTER COUNTY, FOR HIS SIXTEEN YEARS OF DISTINGUISHED SERVICE AS SHERIFF AND CONVEY TO HIM BEST WISHES UPON HIS RETIREMENT AND IN ALL HIS FUTURE ENDEAVORS.

HOUSE RESOLUTION On motion of Rep. W. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 4684 -- Reps. W. D. Smith, 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, 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 HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE 2003 WOFFORD COLLEGE "TERRIERS" FOOTBALL TEAM AND HEAD COACH MIKE AYERS ON WEDNESDAY, FEBRUARY 11, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE TEAM FOR ITS OUTSTANDING SEASON AS THE SOUTHERN CONFERENCE FOOTBALL CHAMPIONS AND HEAD COACH MIKE AYERS FOR BEING NAMED NATIONAL COACH OF THE YEAR IN DIVISION I-AA.

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the Wofford College “Terriers” football team and Head Coach Mike Ayers on Wednesday, February 11, 2004, at a time to be determined by the Speaker, to congratulate the team for its outstanding season as the Southern Conference Football Champions and Head Coach Mike Ayers for being named National Coach of the Year in Division I-AA.

H. 4685 -- 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.

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

H. 4686 -- Rep. G. M. Smith: A BILL TO AMEND SECTION 22-3- 545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE OR MUNICIPAL COURT, SO AS TO INCREASE THE MAXIMUM MONETARY PENALTY FOR WHICH A CRIME IN A CASE DOES NOT EXCEED FOR IT TO BE TRANSFERRED FROM GENERAL SESSIONS COURT TO A MAGISTRATE OR MUNICIPAL COURT. Referred to Committee on Judiciary

H. 4687 -- Rep. Cooper: A JOINT RESOLUTION TO ALLOW AN ENTITY THAT BEGAN PARTICIPATION IN THE STATE HEALTH INSURANCE PLAN BEFORE APRIL 1, 2004, TO DISCONTINUE PARTICIPATION IN THE PLAN REGARDLESS OF THE FOUR-YEAR MINIMUM PARTICIPATION REQUIREMENT IF THE ENTITY IS ADVERSELY AFFECTED BY THE IMPLEMENTATION OF EXPERIENCE RATING IN JULY 1, 2004, AND TO PROVIDE THE REQUIREMENTS FOR DISCONTINUING SUCH PARTICIPATION. Referred to Committee on Ways and Means

H. 4688 -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME. Referred to Committee on Labor, Commerce and Industry

H. 4689 -- 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, 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.

Whereas, being a member of a sports team allows young people to have the opportunity to learn the skills of cooperation and teamwork while developing great athletic talents; and

Whereas, to become a champion in football, all members of the team and the coaching staff must have outstanding leadership and physical abilities; and

Whereas, the 2003 Wofford College “Terriers” capped their outstanding season by winning the Southern Conference Championship with a record of 8-0 in the conference, advancing to the Division I-AA playoffs and finishing the season with a record of 12-1 overall, the most victories the school has ever had in one season; and

Whereas, this was Wofford College’s first Southern Conference Championship and the league’s first perfect season since 1998; and

Whereas, after finishing the regular season ranked second nationally in Division I-AA, the “Terriers” advanced to the I-AA playoffs and reached the semi-finals before losing a hard-fought game against Delaware by a 24-9 score; and

Whereas, despite the loss to Delaware in the semi-finals, Head Coach Mike Ayers and the team through hard work and determination reached heights seldom achieved by any football team regardless of classification; and Whereas, Coach Ayers was named the National Coach of the Year in Division I-AA by the American Football Coaches Association and became one of only two coaches to receive the Regional Coach of the Year award twice; and

Whereas, while Mike Ayers was already the winningest coach in Wofford College history, he gained his one hundredth win in the 2003 season against Furman University at the end of the regular season; and

Whereas, this outstanding finish for the 2003 Wofford College football team that culminated with twelve wins and a Southern Conference Championship has brought deserved recognition and pride not only to Wofford College, its administration, staff, alumni, students, and loyal fans, but also to the State of South Carolina as well. Now, therefore,

That the members of the General Assembly of the State of South Carolina, by this resolution, extend their congratulations to the 2003 Wofford College “Terriers” football team for their outstanding season as the Southern Conference 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.

Be it further resolved that a copy of this resolution be forwarded to the 2003 Wofford College football team and Head Coach Mike Ayers.

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

ADJOURNMENT At 1:00 p.m. the House, in accordance with the motion of Rep. G. BROWN, adjourned in memory of William Douglas White, Jr. of Lee County, to meet at 10:00 a.m. tomorrow. ***