WEDNESDAY, FEBRUARY 5, 2003
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 the day is from I Samuel 3:9: “Speak, Lord, for Your servant is listening.”
Let us pray. Almighty God, as we consider important decisions today that impact the lives of many people, help us to hear what You want us to do. As servants, unite us to make the best judgments for the people of this State. Hear us gracious 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. J.BROWN moved that when the House adjourns, it adjourn in memory of Elder Laverne Stevenson, which was agreed to.
INVITATIONS
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Nonprofit Organizations the Members of the House of Representatives are invited to a reception. This event will be held at the Capital City Club on Tuesday, March 4, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Erin Hardwick
Executive Director
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Georgetown County Chamber of Commerce the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Wednesday, March 5, 2003, from 8:00 a.m. until 10:00 a.m.
Sincerely,
Harvey Shephard
President
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Mental Health Association in South Carolina the Members of the House of Representatives are invited to a luncheon. This event will be held in Room 221 of the Blatt Building on Wednesday, March 5, 2003, upon adjournment.
Sincerely,
Joy Jay
Director
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Conservation Districts the Members of the House of Representatives are invited to a reception. This event will be held at Seawell’s Restaurant on Wednesday, March 5, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Linda M. Tansill
Executive Director
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Vocational Rehabilitation Association the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on March 6, 2003, from 8:00 a.m. until 10:00 a.m.
Sincerely,
Joanie A. Hess
President
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Florence Legislative Day Planning Committee the Members of the House of Representatives are invited to a reception. This event will be held at the Columbia Museum of Art on Tuesday, March 11, from 6:00 p.m. until 9:00 p.m.
Sincerely,
Charles W. Gould
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Governor’s School for the Arts and Humanities the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Wednesday, March 12, 2003, from 8:00 a.m. until 10:30 a.m.
Sincerely,
Virginia Uldrick
President
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina School Boards Association the Members of the House of Representatives are invited to a luncheon. This event will be held at the Clarion Town House on Wednesday, March 12, 2003, at 12:30 p.m. or upon adjournment.
Sincerely,
Scott T. Price
General Counsel
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Alliance for South Carolina’s Children the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, March 13, 2003, from 8:00 a.m. until 10:00 a.m.
Sincerely,
Katharine M. Hubbard
Chair, Board of Directors
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Farm Bureau Federation the Members of the House of Representatives and staff are invited to a reception. This event will be held at the Moore Building at the State Fairgrounds on Tuesday, March 18, 2003, at 6:00 p.m.
Sincerely,
Larry McKenzie
Assistant to the President
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Hospital Association the Members of the House of Representatives are invited to a reception. This event will be held at the Clarion Town House on Wednesday, March 19, 2003, at 6:00 p.m.
Sincerely,
Ken Shull
President
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Aviation Association the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Wednesday, March 20, 2003, from 8:00 a.m until 10:00 a.m.
Sincerely,
Frank G. Anderson
Legislative Committee Co-chair
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the State Farm Insurance Companies the Members of the House of Representatives are invited to a luncheon. This event will be held on the Grounds of the State House on Tuesday, March 25, 2003, upon adjournment.
Sincerely,
Adam Taylor
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of South Carolina State University the Members of the House of Representatives are invited to a reception. This event will be held at the Clarion Town House on Tuesday, March 25, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Ernest A. Finney, Jr.
Interim President
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Prayer Fellowship the Members of the House of Representatives are invited to a breakfast. This event will be held at the Sheraton Hotel and Conference Center on Wednesday, March 26, 2003, at 7:45 a.m.
Sincerely,
C. Tommy Young, Chairman
SC Prayer Breakfast Committee
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the ETV Endowment of South Carolina the Members of the House of Representatives are invited to a luncheon. This event will be held at the ETV Telecommunications Center at 1041 George Rogers Blvd. on Wednesday, March 26, 2003, from noon until 1:30 p.m.
Sincerely,
Elaine Freeman
Executive Director
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Probate Judges’ Association the Members of the House of Representatives are invited to a reception. This event will be held at the Clarion Town House on Wednesday, March 26, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Vivian E. Ross-Bennett
Orangeburg County Probate Judge
March 13, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the American Red Cross the Members of the House of Representatives are invited to a breakfast. This event will be held at the Clarion Town House on Thursday, March 27, 2003, from 8:00 a.m. until 9:00 a.m.
Sincerely,
Ann M. Wright
Chapter Manager
REPORTS OF STANDING COMMITTEES
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3299 -- Reps. Frye, Koon, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO CHANGE THE HUNTING SEASON FOR RACCOON AND OPOSSUM IN GAME ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, AND TO CHANGE THE METHOD OF HUNTING RACCOON AND OPOSSUM IN CERTAIN GAME ZONES; AND TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOON, OPOSSUM, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS
LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3303 -- Reps. Duncan, M.A.Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL TO BAIT DEER AT ANY TIME ON PRIVATE LAND, OR TO HUNT DEER ON SUNDAY ON PRIVATE LAND DURING THE PRESCRIBED SEASON FOR HUNTING DEER.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3041 -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE DURING GUN AND MUZZLELOADER HUNTING SEASONS FOR DEER, AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3300 -- Reps. Frye and Koon: A BILL TO AMEND SECTION 50-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL TO HUNT RABBITS AT NIGHT WITHOUT WEAPONS.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3360 -- Reps. R.Brown and Rhoad: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO FIVE IN ANY ONE DAY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3010 -- Reps. Wilkins, Simrill, Bales, Bailey and Witherspoon: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3199 -- Reps. J.E.Smith, Harrison, Cobb-Hunter, Altman, Bailey, Richardson and Cotty: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST TO REPORT EXCEPT IF THE COMMUNICATION IS PROTECTED BY THE STATUTORILY PRESCRIBED PRIEST-PENITENT PRIVILEGE IN SECTION 19-11-90.
Ordered for consideration tomorrow.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3513 -- Reps. Barfield and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 TO TITLE 39 SO AS TO ENACT THE ELECTRONIC GOVERNMENT SERVICES ACT, TO PROHIBIT A GOVERNMENT AGENCY FROM ENGAGING IN ELECTRONIC COMMERCE SERVICE ACTIVITY, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Labor, Commerce and Industry
H. 3514 -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-75 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RATABLY OVER FIVE YEARS, TO CONFORM THE STATE MEDICAID MONTHLY MAINTENANCE NEEDS ALLOWANCE TO THE MOST CURRENT MAXIMUM AMOUNTS ALLOWED UNDER FEDERAL LAW.
Referred to Committee on Ways and Means
H. 3515 -- Rep. Anthony: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF UNION COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Referred to Committee on Education and Public Works
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Allen / Altman / AnthonyBailey / 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 / Delleney / Duncan
Edge / Emory / Freeman
Frye / Gilham / Gourdine
Govan / Hagood / Hamilton
Harrell / Hayes / Herbkersman
J.Hines / M.Hines / Hinson
Hosey / Howard / Huggins
Jennings / Keegan / Kirsh
Leach / Limehouse / Littlejohn
Lloyd / Loftis / Lourie
Lucas / Mack / Mahaffey
Martin / McCraw / McGee
McLeod / Merrill / Miller
Moody-Lawrence / J.H.Neal / J.M.Neal
Ott / Owens / Parks
Perry / Phillips / Pinson
E.H.Pitts / M.A.Pitts / Rhoad
Rice / Richardson / Rivers
Sandifer / Scarborough / Scott
Sheheen / Simrill / Sinclair
Skelton / D.C.Smith / F.N.Smith
G.M.Smith / 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 Wednesday, February 5.
Todd Rutherford / Gloria HaskinsDenny Neilson / Ralph Davenport
Alex Harvin / Larry Koon
James Harrison
Brenda Lee / Ken Kennedy
Total Present--120
STATEMENT OF ATTENDANCE
Rep. PHILLIPS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 21.
CO-SPONSORS ADDED AND REMOVED
In accordance with House Rule 5.2 below:
"5.2Every 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 cosponsors may be added. A member may add his name to a bill or resolution or a cosponsor 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 cosponsor 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 cosponsor’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.3188Date: / ADD:
02/05/03 / LOFTIS
CO-SPONSOR ADDED
Bill Number: / H.3188Date: / ADD:
02/05/03 / HAMILTON
CO-SPONSOR ADDED
Bill Number: / H.3188Date: / ADD:
02/05/03 / LEACH
CO-SPONSOR ADDED
Bill Number: / H.3190Date: / ADD:
02/05/03 / HAMILTON
CO-SPONSOR ADDED
Bill Number: / H.3190Date: / ADD:
02/05/03 / LOFTIS
CO-SPONSOR ADDED
Bill Number: / H.3190Date: / ADD:
02/05/03 / LEACH
CO-SPONSOR ADDED
Bill Number: / H.3231Date: / ADD:
02/05/03 / SKELTON
CO-SPONSOR ADDED
Bill Number: / H.3198Date: / ADD:
02/05/03 / SANDIFER
CO-SPONSOR REMOVED
Bill Number: / H.3433Date: / REMOVE:
02/05/03 / TALLEY
CO-SPONSOR REMOVED
Bill Number: / H.3500Date: / REMOVE:
02/05/03 / TALLEY
ORDERED TO THIRD READING
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3500 -- Reps. Mahaffey, Walker, Littlejohn and Sinclair: A BILL TO AMEND ACT 1958 OF 1972, AS AMENDED, RELATING TO THE HOLLY SPRINGS RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIFTY TO FIVE HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW IN ANTICIPATION OF TAXES.
SENT TO THE SENATE
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3454 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2629, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3344 -- Reps. Cato, Kirsh, Jennings, Battle, Harvin, J.E.Smith, Sheheen, Thompson, Trotter, Bingham, Chellis, Edge, Hamilton, Harrell, Harrison, Kennedy, Quinn, Richardson, Rutherford, Sandifer, Scarborough, W.D.Smith, Young, Barfield, Breeland, J.Brown, Clyburn, Cotty, Haskins, Huggins, Lourie, Merrill, Perry, Rice, Simrill, Taylor, Umphlett, Witherspoon, Bales, Lloyd, McCraw, Tripp, Walker, Limehouse, Hagood, Toole, Hinson, Loftis, Weeks, Clemmons, Owens and McLeod: A BILL TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "BROADBAND SERVICE"; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION.
H. 3474 -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 8 AND 12 AND NEW VOLUMES 7A AND 12A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2003.