South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives


Printed Page 1966 . . . . . Thursday, April 5, 2001

Thursday, April 5, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. OTT as follows:

Bless us this day, O Lord, with a fresh realization of Your presence to strengthen us to face our tasks with faith and with fortitude. Grant us courage, grant us wisdom that we fail not our fellowmen or our God. Help us to keep our minds clear, our thoughts clean, and our hopes confident. Deliver us from worries that wear us out, from resentments that tear us down, and from frustrations that would weaken us. Make plain the path You would have us to go; help us to see it clearly and give us the determination to follow it unfalteringly. Enable us to uphold what is right and to stand for what is true. We ask this in the Lord's name. 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. R. BROWN moved that when the House adjourns, it adjourn in memory of Reverend Joseph L. Wright, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 4, 2001
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. 501:

S. 501 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 17, 2001, IMMEDIATELY FOLLOWING HE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA


Printed Page 1967 . . . . . Thursday, April 5, 2001

UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT SUCCESSORS TO THE MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS MUST OTHERWISE BE FILLED.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 4, 2001
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 H. 3787:

H. 3787 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 17, 2001, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

Very respectfully,
President
Received as information.


Printed Page 1968 . . . . . Thursday, April 5, 2001

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2583
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110 et seq., 1-23-110 et seq., 38-77-530
South Carolina Reinsurance Facility Recoupment
Received by Speaker of the House of Representatives
January 29, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 6, 2001 (Revised)
20010404   Withdrawn and Resubmitted

REPORTS OF STANDING COMMITTEE

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3442 (Word version) -- Reps. Robinson, Wilkins, W. D. Smith, Quinn, Koon, Knotts, Allison, Altman, Barfield, Barrett, Bingham, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, Martin, McGee, Meacham-Richardson, Merrill, Owens, Perry, Rhoad, Rice, Riser, Rodgers, Sandifer, Scarborough, Sharpe, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, Stille, Talley, Taylor, Thompson, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE AT THE RATE OF ONE PERCENT A YEAR THE FOUR PERCENT STATE SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JANUARY 1, 2005, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO AMEND AN ACT OF 2000 BEARING RATIFICATION NUMBER 453, RELATING TO SUPPLEMENTAL APPROPRIATIONS, SO AS TO DELETE A


Printed Page 1969 . . . . . Thursday, April 5, 2001

SALES TAX EXEMPTION FOR FOOD ITEMS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3733 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION, SO AS TO REVISE THE "HOLD HARMLESS" BASE YEAR IN THE REIMBURSEMENT DISTRIBUTION FORMULA FROM AMOUNTS RECEIVED BY SCHOOL DISTRICTS IN FISCAL YEAR 1998-99 TO AMOUNTS RECEIVED IN THE PRECEDING FISCAL YEAR.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 143 (Word version) -- Senators Leatherman and Branton: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3129 (Word version) -- Reps. Kirsh, Vaughn, Altman and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX SO AS TO PROVIDE AN EXEMPTION FOR PRESCRIPTION MEDICINE USED IN THE TREATMENT OF RENAL DISEASE.
Ordered for consideration tomorrow.


Printed Page 1970 . . . . . Thursday, April 5, 2001

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3172 (Word version) -- Reps. Vaughn, Barrett, Davenport, Leach, Campsen, Witherspoon, Walker, Altman, Rodgers, Stuart, Robinson, Sharpe, Loftis, Rice, Hamilton, Easterday, Delleney, Phillips, Harrison, Chellis, Scarborough, Huggins, Tripp, Cato and Gilham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, AND TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3443 (Word version) -- Reps. Robinson, Wilkins, W. D. Smith, Quinn, Koon, Knotts, Simrill, Allison, Altman, Barfield, Barrett, Bingham, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, McGee, Meacham-Richardson, Owens, Perry, Rice, Riser, Rodgers, Sandifer, Sharpe, Sinclair, D. C. Smith, G. M. Smith, J. R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT AND TO DELETE REDUNDANT LANGUAGE.
Ordered for consideration tomorrow.


Printed Page 1971 . . . . . Thursday, April 5, 2001

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3586 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX AND THE PAYMENT OF AND EXEMPTIONS TO THE ADMISSIONS TAX, SO AS TO EXEMPT PHYSICAL FITNESS CENTERS OF THIS STATE AND ITS POLITICAL SUBDIVISIONS IN THE SAME MANNER THAT PRIVATE PHYSICAL FITNESS CENTERS LICENSED UNDER CHAPTER 79 OF TITLE 44 ARE EXEMPT.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 218 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF STATE GENERAL OBLIGATION BONDS, SO AS TO PROVIDE FOR THE METHODS OF ADVERTISING THE SALE OF THE BONDS, TO ALLOW THE STATE BUDGET AND CONTROL BOARD TO RECEIVE BIDS FOR THE BONDS IN A FORM THE BOARD DETERMINES, AND TO ALLOW THE PRIVATE SALE OF BONDS IF NO BIDS ARE RECEIVED OR IF ALL BIDS ARE REJECTED.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3438 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Cato, J. Brown, Harrell, Kelley, Sharpe, Townsend, Altman and Robinson: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON GENERAL TAX INCREASES AND NEW GENERAL TAXES, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE ELECTED MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY FOR THE IMPOSITION OF A NEW OR INCREASED TAX.
Ordered for consideration tomorrow.


Printed Page 1972 . . . . . Thursday, April 5, 2001

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3513 (Word version) -- Reps. Easterday, Barrett, Cotty, Delleney, Freeman, Hamilton, Harrell, Hinson, Keegan, Kelley, Kennedy, Klauber, Leach, Loftis, Lucas, McGee, Merrill, Neilson, Owens, Quinn, Rice, Robinson, Scarborough, Sinclair, Thompson, Vaughn, Walker, Wilkins and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-125 SO AS TO PROHIBIT THE APPROPRIATION OF SURPLUS FUNDS FOR RECURRING EXPENDITURES OF STATE AGENCIES, TO DEFINE "RECURRING EXPENSES", AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3013 (Word version) -- Reps. Vaughn, Altman, Barrett, J. Brown, Cobb-Hunter, Cotty, Davenport, Harvin, Leach, Littlejohn, Loftis, Rodgers, Taylor, W. D. Smith, Harrison, Witherspoon, Wilder, Stille, Whatley, Clyburn, Walker and Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS FOR STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-17 SO AS TO AUTHORIZE SPECIFICALLY THE USE OF FLEXIBLE SCHEDULING BY A STATE AGENCY AND INSTITUTION IN DETERMINING AN EMPLOYEE'S MINIMUM FULL-TIME WORKWEEK SCHEDULE, INCLUDING HOURS BEFORE EIGHT-THIRTY A.M. AND AFTER FIVE P.M., SO LONG AS THE CAPACITY OF THE AGENCY OR INSTITUTION IS NOT IMPAIRED.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3585 (Word version) -- Reps. Kelley and Townsend: A CONCURRENT RESOLUTION EXPRESSING THE VIEW OF THE GENERAL ASSEMBLY THAT STATE PERSONNEL POLICIES, GUIDELINES, OR PROCEDURES, HOWEVER DESCRIBED,


Printed Page 1973 . . . . . Thursday, April 5, 2001

ESTABLISHED BY THE STATE BUDGET AND CONTROL BOARD SHOULD BE PROMULGATED AS REGULATIONS IN CONFORMITY WITH THE ADMINISTRATIVE PROCEDURES ACT WHEN THE POLICIES EXTEND TO STATE EMPLOYEES NOT EMPLOYED BY THE STATE BUDGET AND CONTROL BOARD.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3681 (Word version) -- Reps. Kelley, Robinson, Keegan, Cooper and White: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO INCREASE THE MINIMUM CONTRIBUTION FROM FOUR AND ONE QUARTER PERCENT OF COMPENSATION TO FIVE PERCENT OF COMPENSATION; TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS, SO AS TO EXTEND ELIGIBILITY IN THAT PROGRAM TO EMPLOYEES OF THE STATE, INCLUDING EMPLOYEES OF TWO- AND FOUR-YEAR STATE SUPPORTED INSTITUTIONS OF HIGHER EDUCATION, AND TECHNICAL COLLEGES; AND TO REPEAL, EFFECTIVE JULY 1, 2002, THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3683 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO REQUIRE ANNUAL STATE BUDGET AND CONTROL BOARD APPROVAL OF THE NEXT CALENDAR YEAR'S PLAN OF BENEFITS,


Printed Page 1974 . . . . . Thursday, April 5, 2001

ELIGIBILITY, AND CONTRIBUTIONS BY AUGUST FIFTEENTH PRECEDING THE CALENDAR YEAR RATHER THAN OCTOBER FIRST.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 3875 (Word version) -- Reps. Harrell, Sharpe, Simrill, Bales, Cotty, Hayes, Allison, Wilkins, Quinn, G. M. Smith, Whatley, Kelley, Law, Kirsh, J. R. Smith, Taylor, Weeks, Moody-Lawrence, Altman, Askins, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Coleman, Dantzler, Davenport, Delleney, Easterday, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Harrison, Harvin, Haskins, J. Hines, M. Hines, Hinson, Hosey, Huggins, Jennings, Keegan, Kennedy, Knotts, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, J. M. Neal, Ott, Owens, Perry, Phillips, Rhoad, Rice, Riser, Rivers, Rodgers, Sandifer, Scarborough, Scott, Sheheen, D. C. Smith, J. E. Smith, W. D. Smith, Snow, Stuart, Talley, Thompson, Townsend, Vaughn, Walker, Webb, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO EXPRESS THE BELIEF OF THE HOUSE OF REPRESENTATIVES THAT FUNDS RECENTLY DETERMINED BY THE DEPARTMENT OF EDUCATION TO BE UNNECESSARY FOR TEACHER AND PRINCIPAL SPECIALISTS UNDER THE EDUCATION ACCOUNTABILITY ACT SHOULD BE USED TO RESTORE TO THE FULLEST EXTENT POSSIBLE LOCAL SCHOOL INNOVATION FUNDING UNDER THE EDUCATION IMPROVEMENT ACT.

Whereas, the Department of Education has recently determined that it does not require as much funding as previously thought necessary for teacher and principal specialists under the Education Accountability Act; and

Whereas, in this difficult budget year, full funding for local school innovation under the Education Improvement Act has been very hard to secure; and


Printed Page 1975 . . . . . Thursday, April 5, 2001

Whereas, the House of Representatives believes that the best use of those unrequired funds is to restore local school innovation funds to the fullest extent possible. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives expresses its belief that funds recently determined by the Department of Education to be unnecessary for teacher and principal specialists under the Education Accountability Act should be used to restore to the fullest extent possible local school innovation funding under the Education Improvement Act.

Be it further resolved that a copy of this resolution be forwarded to the Governor and the Senate Finance Committee.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3876 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 59-50-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, SO AS TO DELETE AS A MEMBER OF THE BOARD THE CHAIRMAN OF THE JOINT LEGISLATIVE COMMITTEE ON CULTURAL AFFAIRS WHICH HAS BEEN ABOLISHED AND TO PROVIDE THAT A MEMBER OF THE EDUCATION OVERSIGHT COMMITTEE, SELECTED BY THE COMMITTEE, SHALL BE A MEMBER OF THE BOARD TO SERVE EX OFFICIO.
Referred to Committee on Education and Public Works

H. 3877 (Word version) -- Reps. Perry, Altman, Battle, Breeland, Chellis, Cobb-Hunter, Coleman, Fleming, Gourdine, Harrison, J. Hines, Kennedy, Kirsh, Limehouse, Littlejohn, Loftis, J. H. Neal, Owens, Scarborough, Scott, D. C. Smith, F. N. Smith, Whipper and A. Young: A BILL TO PROVIDE THAT THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF PAY TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND


Printed Page 1976 . . . . . Thursday, April 5, 2001

THE DEPARTMENT OF JUVENILE JUSTICE FOR THE USE OF INMATES AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENSURE THAT THE TELEPHONE RATES CHARGED FOR THE USE OF THESE PAY PHONES REASONABLY REFLECT THIS FOREGONE STATE REVENUE.
Referred to Committee on Ways and Means

H. 3878 (Word version) -- Rep. Simrill: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES BY ADDING CHAPTER 35 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN OFF ROAD VEHICLE ACTIVITY CAUSED BY THE INHERENT RISK OF OFF ROAD VEHICLE ACTIVITY, TO PROVIDE DEFINITIONS AND EXCEPTIONS TO THE IMMUNITY.
Referred to Committee on Judiciary

H. 3879 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AMEND ACT 546 OF 1982, RELATING TO THE ELECTION AND TERMS OF OFFICE OF MEMBERS OF THE BOARDS OF TRUSTEES OF GREENWOOD SCHOOL DISTRICTS 50, 51, AND 52, SO AS TO DELETE FROM THE PROVISIONS THE ELECTION OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, DELETE ARCHAIC REFERENCES TO THE COUNTY BOARD OF EDUCATION, MAKE OTHER CHANGES IN THE MANNER OF ELECTION OF THE TRUSTEES OF THESE DISTRICTS TO MAKE CERTAIN CHANGES CONSISTENT WITH THE OTHER TRUSTEES ELECTED IN GREENWOOD COUNTY, TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO DELETE ARCHAIC REFERENCES, AND MAKE OTHER CHANGES SO THAT THE ELECTION OF TRUSTEES OF SCHOOL DISTRICT 50 ARE CONSISTENT WITH THE ELECTION OF OTHER TRUSTEES IN THE COUNTY.
On motion of Rep. KLAUBER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3880 (Word version) -- Rep. Cato: A BILL TO AMEND ARTICLE 5, CHAPTER 77, TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSURANCE


Printed Page 1977 . . . . . Thursday, April 5, 2001

FACILITY AND DESIGNATED PRODUCERS, BY ADDING SECTION 38-77-640 SO AS TO CLARIFY AND FURTHER EXPLAIN THE CRITERIA FOR IMPOSITION OF A SURCHARGE ON LIABILITY INSURANCE PREMIUMS FOR RECOUPMENT OF FACILITY ASSESSMENTS OR LOSSES.
Referred to Committee on Labor, Commerce and Industry

H. 3881 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO REQUIRE A STUDY TO BE CONDUCTED BY SPARTANBURG COUNTY OF THE IMPACT OF PLACING A TRASH COMPACTOR FACILITY ON PARRIS BRIDGE ROAD NEAR I-85 AND TO SUSPEND CONSTRUCTION OF THE FACILITY UNTIL A REPORT OF THE STUDY HAS BEEN SUBMITTED TO THE SPARTANBURG LEGISLATIVE DELEGATION.
Referred to Spartanburg Delegation

H. 3882 (Word version) -- Reps. J. R. Smith and Sharpe: A BILL TO AMEND SECTION 34-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ECONOMIC DEVELOPMENT ACT, SO AS TO INCLUDE A DEFINITION FOR "COMMUNITY INVESTMENT ACCOUNT"; TO AMEND SECTION 34-43-30, RELATING TO DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE ECONOMIC DEVELOPMENT ACT, SO AS TO PROVIDE FOR GRANTS AND LOANS TO INCLUDE PRIVATE CONTRIBUTIONS AND OTHER SOURCES OF MONIES IN THE COMMUNITY INVESTMENT ACCOUNT; AND TO AMEND SECTION 12-6-3530, RELATING TO COMMUNITY DEVELOPMENT TAX CREDITS AGAINST THE STATE INCOME TAX, SO AS TO INCLUDE REFERENCES TO INVESTMENT IN THE COMMUNITY INVESTMENT ACCOUNT AS A BASIS FOR THE CREDIT.
Referred to Committee on Ways and Means

H. 3883 (Word version) -- Reps. Carnell, Cotty, Govan, Simrill, Askins, Bales, Barrett, Battle, G. Brown, R. Brown, Cobb-Hunter, Davenport, Gourdine, Harvin, J. Hines, M. Hines, Hosey, Kirsh, Klauber, Koon, Lee, Littlejohn, Meacham-Richardson, J. H. Neal, J. M. Neal, Ott, Parks, Rhoad, Rivers, Scott, Sheheen, Snow, Stille, Taylor, Weeks and Wilder: A BILL TO AMEND SECTION 11-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO


Printed Page 1978 . . . . . Thursday, April 5, 2001

LIMITS ON APPROPRIATIONS OF SURPLUS GENERAL FUND REVENUES AND REVENUES DERIVED FROM ACCOUNTING CHANGES, SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.
Referred to Committee on Ways and Means

H. 3884 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 59-63-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR BARRING FIRST-TIME ENROLLMENT OF A STUDENT, SO AS TO REVISE THE GROUNDS UPON WHICH A STUDENT MAY BE BARRED FROM ENROLLING BY PROVIDING THAT A STUDENT MAY BE BARRED FOR COMMISSION OF A CLASS A, B, C, OR D FELONY OR ACTIVITIES WHICH CONSTITUTE SUCH FELONY RATHER THAN FOR A VIOLENT CRIME OR OTHER SPECIFIED CRIMES, TO AUTHORIZE SENDING SUCH STUDENT TO AN ALTERNATIVE SCHOOL, TO DELETE THE PROVISION THAT THE BAR APPLIES FOR A MAXIMUM OF ONE YEAR, AND TO PROVIDE THAT THE BAR MAY BE EXTENDED.
Referred to Committee on Education and Public Works

H. 3885 (Word version) -- Reps. Meacham-Richardson, Simrill, Kirsh and Vaughn: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES AND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE EXEMPTIONS FROM SALES TAX AND DEED RECORDING FEES FOR SALES, EXCHANGES, AND TRANSFERS OF ELECTRIC TRANSMISSION FACILITIES; AND TO AMEND SECTION 12-6-3410, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ALLOW CERTAIN LIMITED LIABILITY COMPANIES TO BE TREATED AS CORPORATIONS FOR THIS PURPOSE.
Referred to Committee on Ways and Means


Printed Page 1979 . . . . . Thursday, April 5, 2001

H. 3888 (Word version) -- Reps. Klauber and Taylor: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXEMPT FROM SALES AND USE TAX TANGIBLE PERSONAL PROPERTY SOLD TO A RELIGIOUSLY-SPONSORED PRIVATE SCHOOL IF THE SCHOOL IS LOCATED ON THE PROPERTY OF THE RELIGIOUS INSTITUTION WHICH SPONSORS IT AND THE PURCHASES ARE IN FURTHERANCE OF ITS EDUCATIONAL PURPOSES.
Referred to Committee on Ways and Means

H. 3889 (Word version) -- Reps. Cotty, Sheheen, J. M. Neal and Lucas: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
On motion of Rep. COTTY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3890 (Word version) -- Reps. Townsend, Harrell, Allison, Hayes, Jennings, McCraw and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE REALLOCATION OF TECHNICAL ASSISTANCE FUNDING UNDER THE EDUCATION ACCOUNTABILITY ACT FOR SPECIFIED ASSISTANCE TO LOW-PERFORMING SCHOOLS AND SCHOOL DISTRICTS, AND TO PROVIDE THE MANNER IN WHICH AND CRITERIA UNDER WHICH THIS SPECIAL ASSISTANCE SHALL BE PROVIDED.
On motion of Rep. TOWNSEND, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3891 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-2735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR


Printed Page 1980 . . . . . Thursday, April 5, 2001

CAREGIVERS EMPLOYED IN CHILD DAYCARE CENTERS AFTER JUNE 30, 1994, SO AS TO DELETE THE REQUIREMENT THAT THE CAREGIVER MUST HAVE AT LEAST A HIGH SCHOOL DIPLOMA OR GENERAL EDUCATIONAL CERTIFICATE (GED) AND TO DELETE REQUIREMENTS FOR CAREGIVERS EMPLOYED AS OF JULY 1, 1994.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3892 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-4-35 SO AS TO ESTABLISH THE TOURISM EXPENDITURE REVIEW COMMITTEE FOR THE PURPOSE OF REVIEWING TOURISM-RELATED EXPENDITURES OF STATE ACCOMMODATIONS SALES TAX REVENUES OF MUNICIPALITIES AND COUNTIES AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, INCLUDING THE AUTHORITY TO ORDER A REDUCTION IN THE ACCOMMODATIONS TAX REVENUE ALLOCATION TO A MUNICIPALITY OR COUNTY TO REFLECT A QUESTIONABLE EXPENDITURE OR LATE FILED REPORTS; TO AMEND SECTIONS 6-4-5 AND 6-4-30, AS AMENDED, RELATING TO DEFINITIONS AND THE DUTIES OF THE DEPARTMENT OF REVENUE IN THE ALLOCATIONS OF ACCOMMODATIONS TAX REVENUES, SO AS TO ADD A DEFINITION FOR "TOURIST" AND TO DELETE DUTIES FORMERLY ASSIGNED TO THE DEPARTMENT OF REVENUE NOW ASSIGNED THE COMMITTEE ESTABLISHED BY THIS ACT; AND TO AMEND SECTION 12-36-2630, RELATING TO THE IMPOSITION OF THE STATE SALES TAX ON ACCOMMODATIONS, SO AS TO CLARIFY THE REVENUES WHICH MAY BE RETAINED BY THE DEPARTMENT OF REVENUE AND TO ALLOW THESE REVENUES TO FUND THE EXPENSES OF THE COMMITTEE ESTABLISHED BY THIS ACT.
Referred to Committee on Ways and Means

H. 3893 (Word version) -- Rep. Lourie: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT BY ADDING CHAPTER 14, SO AS TO ENACT THE BOILER STANDARDS ACT WHICH REQUIRES ANY BOILER INSTALLED AFTER DECEMBER 31, 2001, TO BE


Printed Page 1981 . . . . . Thursday, April 5, 2001

DESIGNED, MANUFACTURED, AND SEALED OR STAMPED UNDER THE BOILER AND PRESSURE VESSEL CODE OF THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS, TO AUTHORIZE VARIANCES, TO PROVIDE THAT COMPLAINTS AND BOILER INCIDENTS MAY BE REPORTED TO THE STATE ENGINEER TO BE INVESTIGATED, AND TO PROVIDE THAT A PERSON IN VIOLATION OF THIS ACT IS SUBJECT TO A FIVE THOUSAND DOLLAR FINE.
Referred to Committee on Labor, Commerce and Industry

S. 13 (Word version) -- Senators Passailaigue, Ford, Reese and Branton: A BILL TO AMEND SECTION 59-113-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF AN INDEPENDENT INSTITUTION OF HIGHER LEARNING, SO AS TO REVISE THIS DEFINITION.
Referred to Committee on Education and Public Works

S. 57 (Word version) -- Senators Elliott, Ford, McGill, Mescher, Glover and Branton: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.
Referred to Committee on Judiciary

S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE SOUTH CAROLINA CONSERVATION BANK ACT SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO


Printed Page 1982 . . . . . Thursday, April 5, 2001

RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.
Referred to Committee on Ways and Means

S. 484 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO INCREASE THE MINIMUM CONTRIBUTION FROM FOUR AND ONE QUARTER PERCENT OF COMPENSATION TO FIVE PERCENT OF COMPENSATION; TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS, SO AS TO EXTEND ELIGIBILITY IN THAT PROGRAM TO EMPLOYEES OF THE STATE, INCLUDING EMPLOYEES OF TWO- AND FOUR-YEAR STATE SUPPORTED INSTITUTIONS OF HIGHER


Printed Page 1983 . . . . . Thursday, April 5, 2001

EDUCATION, AND TECHNICAL COLLEGES; AND TO REPEAL, EFFECTIVE JULY 1, 2002, THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.
On motion of Rep. RISER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

The following was introduced:

H. 3886 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. AND MRS. JACK JANZEN UPON THEIR RECEIPT OF A LIFETIME ACHIEVEMENT AWARD PRESENTED BY THE PICKENS COUNTY REPUBLICAN PARTY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3887 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. AND MRS. VIRGIL MITCHELL UPON THEIR RECEIPT OF A LIFETIME ACHIEVEMENT AWARD PRESENTED BY THE PICKENS COUNTY REPUBLICAN PARTY.

The Resolution was adopted.

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Bingham                Bowers
Brown, G.              Brown, J.              Brown, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge

Printed Page 1984 . . . . . Thursday, April 5, 2001

Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Govan                  Harrell                Harrison
Harvin                 Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Leach                  Lee
Limehouse              Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Moody-Lawrence         Neal, J.M.             Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Rivers                 Robinson
Rodgers                Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

STATEMENT OF ATTENDANCE

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

James Law                         James Battle
Todd Rutherford                   Gloria Haskins
Fletcher Smith
Rick Quinn   Joseph Neal

Total Present--119


Printed Page 1985 . . . . . Thursday, April 5, 2001

LEAVE OF ABSENCE

The SPEAKER granted Rep. BREELAND a leave of absence for the day to attend a funeral.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MILLER a leave of absence for the day due to a death in family.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HAMILTON a leave of absence for the day due to a family wedding.

DOCTOR OF THE DAY

Announcement was made that Dr. Beverly Simons of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. HARRISON presented to the House the Dreher High School Lady Blue Devils Varsity Basketball Team, Class AAA Girls Basketball State Champions, their coaches and cheerleaders.

SPECIAL PRESENTATION

Rep. HARRISON presented to the House the Hammond School Varsity Cheerleading Team, the 2000-2001 South Carolina Independent School Association State Champions, and their advisers.

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


Printed Page 1986 . . . . . Thursday, April 5, 2001

addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3438 (Word version)
Date:   ADD:
04/05/01   ROBINSON

CO-SPONSOR ADDED

Bill Number:   H. 3386 (Word version)
Date:   ADD:
04/05/01   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3386 (Word version)
Date:   ADD:
04/05/01   ROBINSON

CO-SPONSOR ADDED

Bill Number:   H. 3719 (Word version)
Date:   ADD:
04/05/01   GILHAM

CO-SPONSOR ADDED

Bill Number:   H. 3719 (Word version)
Date:   ADD:
04/05/01   WEBB

CO-SPONSOR ADDED

Bill Number:   H. 3719 (Word version)
Date:   ADD:
04/05/01   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3719 (Word version)
Date:   ADD:
04/05/01   LLOYD


Printed Page 1987 . . . . . Thursday, April 5, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3719 (Word version)
Date:   ADD:
04/05/01   D. C. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3010 (Word version)
Date:   ADD:
04/05/01   KOON

CO-SPONSOR ADDED

Bill Number:   H. 3167 (Word version)
Date:   ADD:
04/05/01   WHITE

ORDERED ENROLLED FOR RATIFICATION

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

S. 502 (Word version) -- Senator McGill: A BILL TO REPEAL ACT 191 OF 1971, RELATING TO THE CREATION OF THE WILLIAMSBURG COUNTY RECREATION COMMISSION DISTRICT AND TRANSFER ALL OF ITS POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES TO THE GOVERNING BODY OF WILLIAMSBURG COUNTY.

SENT TO THE SENATE

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

H. 3306 (Word version) -- Reps. Altman, Loftis and Leach: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO PROVIDE THAT A PERSON WHO IS AN ILLEGAL ALIEN MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED.


Printed Page 1988 . . . . . Thursday, April 5, 2001

H. 3614 (Word version) -- Reps. Miller, Askins, Bales, Bingham, Bowers, R. Brown, Cato, Chellis, Clyburn, Coates, Coleman, Davenport, Delleney, Emory, Fleming, Freeman, Gilham, Gourdine, Harvin, Hayes, J. Hines, M. Hines, Hosey, Howard, Huggins, Kirsh, Law, Leach, Limehouse, Lloyd, Loftis, Lucas, Mack, McCraw, McGee, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G. M. Smith, J. E. Smith, Snow, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, Whipper, Wilder, J. Young and Knotts: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG BY THE DEPARTMENT OF PUBLIC SAFETY TO A DISABLED AMERICAN VETERAN, SO AS TO SUBSTITUTE "TAG" WITH "PLATE" AND TO PROVIDE THAT THE LICENSE PLATE MUST INCLUDE THE WORDS "DISABLED VETERAN" AND HAVE A SPECIAL NUMBER IMPRINTED ON IT SHOWING THAT THE LICENSE PLATE WAS ISSUED TO A DISABLED AMERICAN VETERAN.

H. 3842 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STAR DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2559, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3843 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING THE EXPERIENCE OF TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2565, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3844 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHING EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2568, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


Printed Page 1989 . . . . . Thursday, April 5, 2001

H. 3845 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2570, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3846 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OTHER EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3850 (Word version) -- Reps. Carnell, Sheheen, Rhoad, Allison, Altman, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young, J. Young, Allen, Askins, Coates and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.


Printed Page 1990 . . . . . Thursday, April 5, 2001

H. 3821--DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Joint Resolution until Tuesday, April 10, which was adopted:

H. 3821 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO ESTABLISH A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL AND PROVIDE THAT UNTIL JULY 1, 2004, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL BY COMPLYING WITH CERTAIN TERMS, CONDITIONS, AND PROVISIONS RELATING TO PARTICIPATION IN THE PILOT PROGRAM OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL.

H. 3665--POINT OF ORDER

The following Bill was taken up:

H. 3665 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR


Printed Page 1991 . . . . . Thursday, April 5, 2001

"CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-90-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 10-7-10, AS AMENDED, SECTION 10-7-30, AND SECTION 10-7-40, ALL RELATING TO INSURANCE ON PUBLIC BUILDINGS AND CONTENTS OWNED BY THE STATE, THE SEVERAL COUNTIES, AND SCHOOL DISTRICTS, SO AS TO PROVIDE FOR INSURANCE BY DOMESTIC CAPTIVE COMPANIES LICENSED BY THE DEPARTMENT; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES, SO AS TO PROVIDE FOR DETERMINATION OF THE PREMIUM AMOUNTS BY A DOMESTIC CAPTIVE COMPANY LICENSED BY THE DEPARTMENT.

POINT OF ORDER

Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3601--POINT OF ORDER

The following Bill was taken up:

H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER


Printed Page 1992 . . . . . Thursday, April 5, 2001

50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.

POINT OF ORDER

Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3528--POINT OF ORDER

The following Bill was taken up:

H. 3528 (Word version) -- Reps. Harrison, Wilkins and Fleming: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.

POINT OF ORDER

Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3539--POINT OF ORDER

The following Bill was taken up:

H. 3539 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND CHAPTER 16, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME, SO AS TO ENACT THE "COMPUTER ABUSE ACT OF 2001", BY


Printed Page 1993 . . . . . Thursday, April 5, 2001

ADDING SECTION 16-16-25 SO AS TO PROVIDE A CIVIL REMEDY OF COMPENSATORY DAMAGES AND RESTITUTION FOR THE OWNER OR LESSEE OF A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK INJURED BY A PERSON CONVICTED UNDER THIS CHAPTER; TO AMEND SECTION 16-16-10, RELATING TO DEFINITIONS, SO AS TO ADD A DEFINITION FOR "COMPUTER CONTAMINANT" AND TO REVISE OTHER DEFINITIONS; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIME OFFENSES, SO AS TO ADD THE OFFENSE OF INTRODUCING COMPUTER CONTAMINANT INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK; TO AMEND SECTION 16-16-30, RELATING TO VENUE FOR ACTIONS BROUGHT UNDER THE COMPUTER CRIMES CHAPTER, SO AS TO MAKE TECHNICAL CORRECTIONS.

POINT OF ORDER

Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3480--POINT OF ORDER

The following Bill was taken up:

H. 3480 (Word version) -- Reps. J. E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.

POINT OF ORDER

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


Printed Page 1994 . . . . . Thursday, April 5, 2001

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

S. 205--POINT OF ORDER

The following Bill was taken up:

S. 205 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 1-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE MINORITY AFFAIRS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MEET QUARTERLY AND AS THE CHAIRMAN FINDS NECESSARY INSTEAD OF MEETING AT LEAST MONTHLY.

POINT OF ORDER

Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

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

H. 3653 (Word version) -- Reps. Campsen and Harrison: A BILL TO AMEND SECTION 13-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT ITS PRINCIPAL OFFICE BE LOCATED IN COLUMBIA; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD OF TRUSTEES, REPORTS, AND MEETINGS, SO AS TO PROVIDE THAT THE CHAIRMAN DETERMINES WHEN AND WHERE THE BOARD HOLDS ITS REGULAR MEETINGS; AND TO AMEND SECTION 13-17-60, RELATING TO THE AUTHORITY'S TECHNICAL ADVISORY BOARD, SO AS TO PROVIDE THAT ITS CHAIRMAN DETERMINES WHEN AND WHERE THE ADVISORY BOARD MEETS.

Rep. HARRISON explained the Bill.


Printed Page 1995 . . . . . Thursday, April 5, 2001

S. 289 (Word version) -- Senators McConnell, Moore and Ritchie: A BILL TO AMEND SECTION 2-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATING PROCESS OF QUALIFIED JUDICIAL CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE A TWO-WEEK PERIOD BETWEEN THE DATE OF THE JUDICIAL MERIT SELECTION COMMISSION'S NOMINATIONS TO THE GENERAL ASSEMBLY AND THE DATE THE GENERAL ASSEMBLY CONDUCTS THE ELECTION FOR THESE JUDGESHIPS.

Rep. HARRISON explained the Bill.

S. 70 (Word version) -- Senators Hayes, Elliott, Reese and Branton: A BILL TO AMEND SECTION 2-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE CODE COMMISSIONER, SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE IF THESE OPINIONS AFFECT THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES.

Rep. HARRISON explained the Bill.

H. 3756 (Word version) -- Reps. Wilkins and Harrison: 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.

Rep. HARRISON explained the Bill.


Printed Page 1996 . . . . . Thursday, April 5, 2001

H. 3653--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3653 (Word version) be read the third time tomorrow.

S. 289--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 289 (Word version) be read the third time tomorrow.

S. 70--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 70 (Word version) be read the third time tomorrow.

H. 3756--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3756 (Word version) be read the third time tomorrow.

H. 3404--POINT OF ORDER

The following Bill was taken up:

H. 3404 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSE SWEARING IN APPLYING FOR REGISTRATION, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-20, AS AMENDED, RELATING TO FRAUDULENT REGISTRATION OR VOTING, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-50, AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO ADD THE OFFENSE OF BRIBING A PERSON TO REGISTER TO VOTE; TO AMEND SECTION 7-25-60, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY BRIBERY, SO AS TO ADD REGISTERING TO VOTE TO THE SECTION; AND TO AMEND SECTION 7-25-70, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY THREATS, SO AS TO PROHIBIT A PERSON FROM USING


Printed Page 1997 . . . . . Thursday, April 5, 2001

THREATS OR ANOTHER FORM OF INTIMIDATION TO ENDEAVOR ANOTHER TO REGISTER TO VOTE, AND TO CHANGE THE PENALTY FOR VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY.

POINT OF ORDER

Rep. PARKS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3504--POINT OF ORDER

The following Bill was taken up:

H. 3504 (Word version) -- Reps. Sheheen, Altman and Rivers: A BILL TO AMEND SECTION 8-13-1354, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR AN ELECTION-RELATED COMMUNICATION AND EXCEPTIONS, SO AS TO REQUIRE THE NAME AND ADDRESS OF THE CANDIDATE, COMMITTEE, OR PERSON MAKING THE EXPENDITURE TO BE PRINTED IN FOURTEEN POINT TYPE.

POINT OF ORDER

Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3682--POINT OF ORDER

The following Bill was taken up:

H. 3682 (Word version) -- Reps. Kelley, Barfield, Cooper, Edge, Keegan and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT FAILURE BY A MEMBER OF A COUNTY REGISTRATION BOARD, A COMBINED ELECTION AND REGISTRATION COMMISSION, OR A COUNTY ELECTION COMMISSION TO COMPLETE OR MAKE SATISFACTORY


Printed Page 1998 . . . . . Thursday, April 5, 2001

PROGRESS TOWARD COMPLETING THE MANDATORY TRAINING AND CERTIFICATION REQUIREMENTS APPLICABLE TO THESE OFFICIALS CONSTITUTES NEGLECT OF DUTY FOR WHICH THE MEMBER MUST BE REMOVED FROM OFFICE BY THE GOVERNOR, AND TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT TO THE GOVERNOR AND THE LEGISLATIVE DELEGATION OR OTHER RECOMMENDING AUTHORITY THE PROGRESS OF EACH OF THESE OFFICIALS TOWARD COMPLETION OF THESE TRAINING AND CERTIFICATION REQUIREMENTS.

POINT OF ORDER

Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3697--POINT OF ORDER

The following Bill was taken up:

H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.

POINT OF ORDER

Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.


Printed Page 1999 . . . . . Thursday, April 5, 2001

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall H. 3389 (Word version) from the Committee on Judiciary.
Rep. KENNEDY objected.

OBJECTION TO RECALL

Rep. SHARPE asked unanimous consent to recall H. 3856 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.

OBJECTION TO RECALL

Rep. FLEMING asked unanimous consent to recall H. 3867 (Word version) from the Committee on Education and Public Works.
Rep. SCOTT objected.

H. 3237--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3237 (Word version) -- Reps. Witherspoon, Frye and Littlejohn: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON CERTAIN TROTLINES AFTER JUNE 30, 2001, ON THE EDISTO, BLACK, SAMPIT, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, AND TO ALSO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON TROTLINES AFTER JUNE 30, 2001, ON THE BLACK, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS.

Rep. OTT proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5309DJC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION   1.   Section 50-13-1187 of the 1976 Code, as last amended by Act 53 of 1999, is further amended to read:


Printed Page 2000 . . . . . Thursday, April 5, 2001

"Section 50-13-1187.   (A)   Except as provided in subsections (B) and (C), no game fish, live bait, or other bait other than bait listed below may be used with trotlines, set hooks, and jugs:

(1)   soap;

(2)   dough balls;

(3)   cut fish which must be nongame fish cut into at least three equal parts;

(4)   shrimp;

(5)   meat scraps which may not include insects, worms, or other invertebrates;

(6)   grapes.

(B)   Notwithstanding any other provisions of law, on the Edisto, Black, Sampit, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers, live nongame fish and bream may be used with single-barbed set hooks that have a shank-to-point gap of one and three-sixteenths inches or greater, provided that the use of bream as bait is not allowed after June 30, 2001. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.

(C)   Live nongame fish and bream may be used on trotlines having not more than twenty hooks that have a shank-to-point gap of one and three-sixteenths inches or greater on the Black, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers, provided that the use of bream as bait is not allowed after June 30, 2001. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.

(D)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."
SECTION   2.   This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.

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

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.


Printed Page 2001 . . . . . Thursday, April 5, 2001

H. 3423--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3423 (Word version) -- Reps. Stuart, Allison, Barfield, Bowers, J. Brown, Coates, Davenport, Freeman, Gilham, Govan, Harrison, M. Hines, Hinson, Knotts, Lee, Lloyd, Lourie, McCraw, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Parks, Phillips, Rodgers, Scott, Simrill, G. M. Smith, Talley, Weeks, Whatley, Whipper and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF AND INTENT OF THE GENERAL ASSEMBLY THAT SPECIAL IDENTIFICATION CARDS ISSUED BY THE STATE OF SOUTH CAROLINA UNDER SECTION 56-1-3350 OF THE 1976 CODE ARE VALID FOR ALL PURPOSES FOR WHICH A DRIVER'S LICENSE MAY BE USED AS A FORM OF PHOTOGRAPHIC IDENTIFICATION OTHER THAN AS AUTHORIZATION FOR THE HOLDER TO OPERATE A MOTOR VEHICLE.

Whereas, Section 56-1-3350 of the 1976 Code provides for the issuance of special identification cards to South Carolinians five years of age and older by the Department of Public Safety; and

Whereas, these special identification cards are designed by law to bear an individual's photograph and resemble a South Carolina driver's license, except that the card must contain a statement indicating that it does not license the bearer to operate a motor vehicle; and

Whereas, the South Carolina General Assembly, in enacting Section 56-1-3350, intended that these photographic identification cards be used for all purposes for which a licensed driver might use a driver's license not related to the operation of a motor vehicle including presenting a form of photographic identification when cashing or negotiating a check; and
.
Whereas, banks and merchants apparently do not always recognize these identification cards as valid forms of photographic identification when presented by blind persons and other nondrivers, and in at least two recent instances, merchants and check-cashing centers have refused to negotiate checks presented by blind South Carolinians holding special identification cards and required instead that a sighted person holding a driver's license endorse the check; and


Printed Page 2002 . . . . . Thursday, April 5, 2001

Whereas, this recent action is inconsistent with the plain meaning of Section 56-1-3350 and what the General Assembly intended in enacting this provision; and

Whereas, the General Assembly, by this resolution, hereby calls on all merchants and banks to transact business in accordance with the intent of this law as expressed in this resolution and also requests appropriate media outlets to raise public awareness of this important issue. Now, therefore,

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

That the members of the General Assembly express their belief and intent that special identification cards issued by the State of South Carolina under Section 56-1-3350 of the 1976 Code are valid for all purposes for which a driver's license may be used as a form of photographic identification other than as authorization for the holder to operate a motor vehicle.

Rep. MCGEE explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. FLEMING.

H. 3386--AMENDED AND RECOMMITTED

Debate was resumed on the following Bill, the pending question being the consideration of amendments, cloture having been ordered:

H. 3386 (Word version) -- Reps. Townsend, Walker, Allison, Barrett, Cato, Cooper, Hamilton, Harrell, Keegan, Kelley, Martin, Riser, Sandifer, Sharpe, J. R. Smith, W. D. Smith, Witherspoon, Easterday, Campsen, Rice and Robinson: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.


Printed Page 2003 . . . . . Thursday, April 5, 2001

Rep. MILLER proposed the following Amendment No. 10 (Doc Name COUNCIL\SKB\AMEND\18342SD01), which was tabled:
Amend the bill, as and if amended, in Section 59-40-50 by striking item (7)and inserting:
/     (6)(7)   admit all children eligible to attend public school in a school district who are eligible to apply for admission to a charter school operating in that school district, subject to space limitations. However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent, it is required that the racial composition of the charter school enrollment reflect that of the school district or that of the targeted student population which the charter school proposed to serve, to be defined for the purposes of this chapter as differing by no more than twenty percent from that population and also subject to the provisions of Section 59-40-70(G). If the number of applications exceeds the capacity of a program, class, grade level, or building, students shall must be accepted by lot, and there is no appeal to the sponsor; /
Amend the bill further in Section 59-40-60 by striking item (8) of subsection (F) and inserting:
/     (8)     a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district; /
Amend the bill further in Section 59-40-70 by adding a new subsection to be appropriately lettered:
/ ( )   In the event that the racial composition of an applicant's or charter school's enrollment differs from the enrollment of the local school district or the targeted student population by more than twenty percent, despite its best efforts, the proposed sponsor shall consider the applicant's or the charter school's recruitment efforts and racial composition of the applicant pool in determining whether the applicant or charter school is operating in a nondiscriminatory manner. A finding by the proposed sponsor that the applicant or charter school is operating in a racially discriminatory manner may justify the denial of a charter school application or the revocation of a charter. A finding by the proposed sponsor that the applicant is not operating in a racially discriminatory manner shall justify approval of the charter without regard to the racial percentage requirement if the application is acceptable in all other aspects. /
Renumber sections to conform.
Amend title to conform.

Printed Page 2004 . . . . . Thursday, April 5, 2001

Rep. WALKER moved to table the amendment, which was agreed to.

Reps. HINSON, TALLEY, SCARBOROUGH and SINCLAIR proposed the following Amendment No. 11 (Doc Name COUNCIL\GJK\AMEND\20453SD01), which was adopted:
Amend the bill, as and if amended, by striking Section 59-40-55 of the 1976 Code as contained in Section 1 in its entirety;
Amend further, as and if amended, by striking subsection (A) of Section 59-40-70 and inserting:

/(A)   The local school board may establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. Applications for charter schools must be sent by certified mail to the local school board of trustees. If the local school board finds the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant./;
Amend further, as and if amended, by striking subsection (F) of Section 59-40-70 in its entirety;
Amend further, as and if amended, by striking Section 59-40-80 and inserting:

/Section 59-40-80.   A local school board may conditionally shall authorize a charter school before if the application is acceptable in all other aspects but the applicant has not secured its space, equipment, facilities, and or personnel if and the applicant indicates verifies that such authority is necessary for it to acquire the space, equipment, facilities, or personnel needed to meet the requirements of the application and of this chapter. Conditional authorization does not imply that final authorization must be given and does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization. /
Amend further, as and if amended, by striking subsection (A) of Section 59-40-90 and inserting:

/(A)The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section. /


Printed Page 2005 . . . . . Thursday, April 5, 2001

Amend further, as and if amended, by striking subsections (E), (F), and (G) of Section 59-40-100;
Amend further, as and if amended, by subsection (F) of Section 59-40-110 and inserting:

/(F)   A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90. /;
Amend further, as and if amended, by striking subsection (G) of Section 59-40-110;
Amend further, by striking SECTION 2 of the bill in its entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. HINSON explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HINSON continued speaking.

Rep. WALKER moved to table the amendment.

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

Yeas 24; Nays 73

Those who voted in the affirmative are:

Altman                 Cooper                 Davenport
Frye                   Gilham                 Keegan
Kelley                 Kirsh                  Koon
Loftis                 Lucas                  Martin
Meacham-Richardson     Riser                  Robinson
Rodgers                Sandifer               Sharpe
Smith, D.C.            Smith, J.R.            Townsend
Walker                 Webb                   White

Total--24

Those who voted in the negative are:

Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Brown, J.              Brown, R.

Printed Page 2006 . . . . . Thursday, April 5, 2001

Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Delleney               Emory                  Fleming
Freeman                Gourdine               Govan
Harrison               Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Jennings               Kennedy
Knotts                 Law                    Leach
Limehouse              Lloyd                  Lourie
Mack                   McCraw                 McGee
McLeod                 Merrill                Moody-Lawrence
Neal, J.M.             Owens                  Parks
Phillips               Rhoad                  Rice
Rivers                 Rutherford             Scarborough
Sheheen                Simrill                Sinclair
Smith, G.M.            Smith, J.E.            Stuart
Talley                 Taylor                 Thompson
Trotter                Vaughn                 Whatley
Whipper                Wilder                 Young, A.
Young, J.

Total--73

So, the House refused to table the amendment.

Rep. WALKER spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 61; Nays 50

Those who voted in the affirmative are:

Allen                  Askins                 Battle
Bingham                Bowers                 Brown, J.
Brown, R.              Carnell                Cato
Clyburn                Coates                 Cobb-Hunter
Coleman                Cotty                  Emory

Printed Page 2007 . . . . . Thursday, April 5, 2001

Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Kennedy                Knotts                 Law
Lee                    Lloyd                  Lourie
Mack                   McCraw                 McLeod
Moody-Lawrence         Neal, J.M.             Ott
Owens                  Parks                  Phillips
Rhoad                  Rivers                 Rutherford
Scarborough            Scott                  Sheheen
Sinclair               Smith, G.M.            Smith, J.E.
Snow                   Stuart                 Talley
Taylor                 Thompson               Trotter
Weeks                  Whatley                Whipper
Wilder

Total--61

Those who voted in the negative are:

Altman                 Bales                  Barfield
Barrett                Campsen                Chellis
Dantzler               Davenport              Delleney
Easterday              Fleming                Frye
Gilham                 Harrell                Harrison
Haskins                Keegan                 Kelley
Kirsh                  Koon                   Leach
Limehouse              Loftis                 Lucas
Martin                 McGee                  Meacham-Richardson
Merrill                Perry                  Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Simrill                Smith, D.C.            Smith, J.R.
Smith, W.D.            Stille                 Townsend
Tripp                  Vaughn                 Walker
Webb                   White                  Wilkins
Young, A.              Young, J.

Total--50

So, the amendment was adopted.


Printed Page 2008 . . . . . Thursday, April 5, 2001

SPEAKER IN CHAIR

Rep. COATES proposed the following Amendment No. 12 (Doc Name COUNCIL\GJK\AMEND\5303DJC01), which was tabled:
Amend the bill, as and if amended, by striking Section 59-40-55 of the 1976 Code as contained in Section 1 in its entirety;
Amend further, as and if amended, by striking subsection (A) of Section 59-40-70 and inserting:

/(A)   The local school board may establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. The Charter School Advisory Committee must work in conjunction with the local school board in reviewing all applications to insure compliance with applicable law. If the local school board finds the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant./;
Amend further, as and if amended, by striking subsection (F) of Section 59-40-70 in its entirety;
Amend further, as and if amended, by striking Section 59-40-80 and inserting:

/Section 59-40-80.   A local school board may conditionally shall authorize a charter school before if the application is acceptable in all other aspects but the applicant has not secured its space, equipment, facilities, and or personnel if and the applicant indicates verifies that such authority is necessary for it to acquire the space, equipment, facilities, or personnel needed to meet the requirements of the application and of this chapter. Conditional authorization does not imply that final authorization must be given and does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization. /
Amend further, as and if amended, by striking subsection (A) of Section 59-40-90 and inserting:

/(A)The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section. /
Amend further, as and if amended, by striking subsections (E), (F), and (G) of Section 59-40-100;


Printed Page 2009 . . . . . Thursday, April 5, 2001

Amend further, as and if amended, by subsection (F) of Section 59-40-110 and inserting:

/(F)   A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90. /;
Amend further, as and if amended, by striking subsection (G) of Section 59-40-110;
Amend further, by striking SECTION 2 of the bill in its entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. COATES explained the amendment.

POINT OF ORDER

Rep. WALKER raised the Point of Order that Amendment No. 12 was out of order as not germane to the Bill because the Bill had been altered by a previously adopted amendment making the pending amendment conflict with the current subject of the Bill, as amended.
Rep. COATES argued contra.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.

Rep. COATES moved to table the amendment, which was agreed to.

Rep. LOURIE proposed the following Amendment No. 13 (Doc Name COUNCIL\GJK\AMEND\20431SD01), which was tabled:
Amend the bill, as and if amended, by striking Section 59-40-55 of the 1976 Code as contained in Section 1 in its entirety;
Amend further, as and if amended, by striking Section 59-40-60(F)(14) and inserting:

/(14)   an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school will must indemnify and hold harmless the school district its servants, agents, and employees, from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to persons or property or otherwise which arises out of the act, failure to act or negligence of the charter school, its agents and employees, in connection with or arising out of the activity of the charter school; and/;
Amend further, as and if amended, by striking subsection (A) of Section 59-40-70 and inserting:


Printed Page 2010 . . . . . Thursday, April 5, 2001

/(A)   The local school board may establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. If the local school board finds the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant./;
Amend further, as and if amended, by striking subsection (F) of Section 59-40-70 in its entirety;
Amend further, as and if amended, by striking Section 59-40-80 and inserting:

/Section 59-40-80.   A local school board may conditionally shall authorize a charter school before if the application is acceptable in all other aspects but the applicant has not secured its space, equipment, facilities, and or personnel if and the applicant indicates verifies that such authority is necessary for it to acquire the space, equipment, facilities, or personnel needed to meet the requirements of the application and of this chapter. Conditional authorization does not imply that final authorization must be given and does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization. /
Amend further, as and if amended, by striking subsection (A) of Section 59-40-90 and inserting:

/(A)The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section. /
Amend further, as and if amended, by striking subsections (E), (F), and (G) of Section 59-40-100;
Amend further, as and if amended, by subsection (F) of Section 59-40-110 and inserting:

/(F)   A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90. /;
Amend further, as and if amended, by striking subsection (G) of Section 59-40-110;
Amend further, by striking SECTION 2 of the bill in its entirety.
Renumber sections to conform.
Amend totals and title to conform.


Printed Page 2011 . . . . . Thursday, April 5, 2001

Rep. LOURIE moved to table the amendment, which was agreed to.

Reps. WALKER and TOWNSEND proposed the following Amendment No. 14 (Doc Name COUNCIL\GJK\AMEND\ 20457SD01), which was rejected:
Amend the bill, as and if amended, by striking Section 59-40-55 of the 1976 Code as contained in Section 1 and inserting:

/Section 59-40-55.   (A)   An applicant desiring to form a charter school may either file the application with the local school board of trustees in the manner provided by this chapter or in the alternative may file the application directly with the State Board of Education which shall act as the sponsor of the charter school and as the approving entity for that charter school. In the event the applicant chooses to file the application with the State Board of Education, all references in this chapter to the local school board of trustees as the approving entity for the charter school application and related matters shall be construed to mean the State Board of Education except that the appeal provisions in Section 59-40-90 to the state board in the event of a denial of an application by a local school board of trustees do not apply.

(B)(1)   If an applicant pursuant to subsection (A) applies to the State Board of Education to form a charter school, it shall also provide a copy of the application to the local school board of the school district in which the proposedd charter school shall be located either before or at the same time it files its application with the State Board of Education.

(2)   The local board shall review the application and may offer suggestions or recommendations to the applicant or the State Board of Education prior to its acting on the application.

(3)   The State Board of Education shall give due consideration to suggestions or recommendations made by the local school board under item (2).

(C)   The State Board of Education shall review and, by majority vote, either approve or deny the application within ninety days after the application is received by the board.

(D)   The state board's action under this section is the final administrative action subject only to judicial review. /
Amend further, as and if amended, by striking subsection (A) of Section 59-40-70 and inserting:

/(A)   The local school board may establish a schedule for receiving applications from charter schools and shall make a copy of any


Printed Page 2012 . . . . . Thursday, April 5, 2001

schedule available to all interested parties upon request. If the local school board finds the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant./;
Amend further, as and if amended, by striking subsection (F) of Section 59-40-70 in its entirety;
Amend further, as and if amended, by striking Section 59-40-80 and inserting:

/Section 59-40-80.   A local school board may conditionally shall authorize a charter school before if the application is acceptable in all other aspects but the applicant has not secured its space, equipment, facilities, and or personnel if and the applicant indicates verifies that such authority is necessary for it to acquire the space, equipment, facilities, or personnel needed to meet the requirements of the application and of this chapter. Conditional authorization does not imply that final authorization must be given and does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization. /
Amend further, as and if amended, by striking subsection (A) of Section 59-40-90 and inserting:

/(A)The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section. /
Amend further, as and if amended, by striking subsections (E), (F), and (G) of Section 59-40-100;
Amend further, as and if amended, by subsection (F) of Section 59-40-110 and inserting:

/(F)   A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90. /;
Amend further, as and if amended, by striking subsection (G) of Section 59-40-110;
Amend further, by striking SECTION 2 of the bill in its entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.


Printed Page 2013 . . . . . Thursday, April 5, 2001

POINT OF ORDER

Rep. KENNEDY raised the Point of Order that Amendment No. 14 was out of order as not germane to the Bill because the Bill had been altered by a previously adopted amendment making the pending amendment conflict with the current subject of the Bill, as amended.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.

Rep. TOWNSEND continued speaking.
Rep. HINSON spoke against the amendment.

Rep. HINSON moved to table the amendment.

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

Yeas 56; Nays 58

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Battle                 Bingham                Bowers
Brown, G.              Brown, J.              Brown, R.
Carnell                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Kennedy                Knotts
Lee                    Lloyd                  Lourie
Mack                   McCraw                 McLeod
Moody-Lawrence         Neal, J.M.             Ott
Owens                  Parks                  Rhoad
Rivers                 Rutherford             Scott
Sheheen                Sinclair               Smith, J.E.
Snow                   Stuart                 Talley
Thompson               Weeks                  Whatley
Whipper                Wilder

Total--56


Printed Page 2014 . . . . . Thursday, April 5, 2001

Those who voted in the negative are:
Allison                Altman                 Barfield
Barrett                Campsen                Cato
Chellis                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Harrell                Haskins
Keegan                 Kelley                 Kirsh
Koon                   Law                    Leach
Limehouse              Loftis                 Lucas
Martin                 McGee                  Meacham-Richardson
Merrill                Perry                  Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Simrill                Smith, D.C.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Stille                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--58

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 56; Nays 57

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Campsen                Cato
Chellis                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Harrell                Harrison
Haskins                Keegan                 Kelley
Kirsh                  Koon                   Law

Printed Page 2015 . . . . . Thursday, April 5, 2001

Leach                  Limehouse              Loftis
Lucas                  Martin                 McGee
Meacham-Richardson     Merrill                Perry
Quinn                  Rice                   Riser
Rodgers                Sandifer               Sharpe
Simrill                Smith, D.C.            Smith, J.R.
Stille                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--56

Those who voted in the negative are:

Allen                  Askins                 Bales
Battle                 Bingham                Bowers
Brown, G.              Brown, J.              Brown, R.
Carnell                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Kennedy                Knotts
Lee                    Lloyd                  Lourie
Mack                   McLeod                 Moody-Lawrence
Neal, J.M.             Ott                    Owens
Parks                  Rhoad                  Rivers
Rutherford             Scarborough            Scott
Sheheen                Sinclair               Smith, G.M.
Smith, J.E.            Smith, W.D.            Snow
Stuart                 Talley                 Thompson
Weeks                  Whipper                Wilder

Total--57

So, the amendment was rejected.

Rep. GOVAN proposed the following Amendment No. 15 (Doc Name COUNCIL\BBM\AMEND\10158HTC01), which was tabled:


Printed Page 2016 . . . . . Thursday, April 5, 2001

Amend the bill, as and if amended, beginning on page 3, line 42, by striking Section 59-40-50(B)(5) and inserting:

/ (5)   in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall in its discretion hire noncertified teachers in a ratio of up to ten percent of its entire teacher staff. Part-time noncertified teachers shall be considered pro rata in calculating this percentage based on the hours which they are expected to teach conform to teacher certification requirements applicable to public school teachers; /
Amend title to conform.

Rep. GOVAN explained the amendment.

Rep. WALKER moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Yeas 75; Nays 37

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Bingham
Bowers                 Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Gilham                 Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Limehouse
Loftis                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, J.R.            Stille                 Stuart

Printed Page 2017 . . . . . Thursday, April 5, 2001

Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--75

Those who voted in the negative are:

Allen                  Bales                  Battle
Brown, G.              Brown, R.              Carnell
Clyburn                Cobb-Hunter            Emory
Freeman                Gourdine               Govan
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Rhoad
Rivers                 Rutherford             Scott
Smith, J.E.            Weeks                  Whipper
Wilder

Total--37

So, the amendment was tabled.

Rep. GOVAN moved that the House do now adjourn.

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

Yeas 19; Nays 77

Those who voted in the affirmative are:

Brown, J.              Clyburn                Coates
Govan                  Harvin                 Hayes
Hines, M.              Hosey                  Howard
Jennings               Kennedy                Lee
Lourie                 Mack                   Moody-Lawrence

Printed Page 2018 . . . . . Thursday, April 5, 2001

Neal, J.H.             Parks                  Scott
Sheheen

Total--19

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Bingham
Bowers                 Brown, G.              Brown, R.
Campsen                Carnell                Cato
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Freeman                Frye                   Gilham
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Knotts
Koon                   Law                    Leach
Limehouse              Loftis                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Ott
Owens                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers
Sandifer               Scarborough            Sharpe
Smith, D.C.            Smith, J.R.            Snow
Stille                 Stuart                 Talley
Thompson               Townsend               Trotter
Vaughn                 Walker                 Webb
Weeks                  Whatley                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--77

So, the House refused to adjourn.

AMENDMENT NO. 11--RECONSIDERED AND ADOPTED

Rep. LAW moved to reconsider the vote whereby Amendment No. 11 was adopted.


Printed Page 2019 . . . . . Thursday, April 5, 2001

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

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

Yeas 57; Nays 58

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Battle                 Bingham                Bowers
Brown, G.              Brown, J.              Brown, R.
Carnell                Clyburn                Coates
Cobb-Hunter            Cotty                  Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Jennings               Kennedy
Knotts                 Lee                    Lloyd
Lourie                 Mack                   McCraw
McLeod                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Owens
Parks                  Phillips               Rhoad
Rivers                 Rutherford             Scarborough
Scott                  Sheheen                Sinclair
Smith, F.N.            Smith, J.E.            Snow
Talley                 Taylor                 Weeks
Whatley                Whipper                Wilder

Total--57

Those who voted in the negative are:

Allison                Altman                 Barrett
Campsen                Cato                   Chellis
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Gilham
Harrell                Harrison               Haskins
Huggins                Keegan                 Kelley
Kirsh                  Koon                   Law
Leach                  Limehouse              Loftis
Lucas                  Martin                 McGee
Meacham-Richardson     Merrill                Perry

Printed Page 2020 . . . . . Thursday, April 5, 2001

Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Simrill                Smith, D.C.
Smith, J.R.            Smith, W.D.            Stille
Stuart                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--58

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

The question then recurred to the motion to reconsider.

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

Yeas 60; Nays 57

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Campsen                Cato
Chellis                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Harrell                Harrison
Haskins                Huggins                Keegan
Kelley                 Kirsh                  Koon
Law                    Leach                  Limehouse
Loftis                 Lucas                  Martin
McGee                  Meacham-Richardson     Merrill
Perry                  Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Simrill
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stille                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker

Printed Page 2021 . . . . . Thursday, April 5, 2001

Webb                   White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--60

Those who voted in the negative are:

Allen                  Askins                 Bales
Battle                 Bingham                Bowers
Brown, G.              Brown, J.              Brown, R.
Carnell                Clyburn                Coates
Cobb-Hunter            Cotty                  Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Jennings               Kennedy
Knotts                 Lee                    Lloyd
Lourie                 Mack                   McCraw
McLeod                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Owens
Parks                  Phillips               Rhoad
Rivers                 Rutherford             Scarborough
Scott                  Sheheen                Sinclair
Smith, F.N.            Smith, J.E.            Snow
Stuart                 Talley                 Weeks
Whatley                Whipper                Wilder

Total--57

So, the motion to reconsider was agreed to.

The question then recurred to the adoption of the amendment.

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

Yeas 62; Nays 56

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Battle                 Bingham                Bowers
Brown, G.              Brown, J.              Brown, R.
Carnell                Clyburn                Coates

Printed Page 2022 . . . . . Thursday, April 5, 2001

Cobb-Hunter            Coleman                Cotty
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Kennedy                Knotts
Lee                    Lloyd                  Lourie
Mack                   McCraw                 McLeod
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Owens                  Parks
Phillips               Rhoad                  Rivers
Rutherford             Scarborough            Scott
Sheheen                Sinclair               Smith, F.N.
Smith, J.E.            Snow                   Stuart
Talley                 Taylor                 Thompson
Vaughn                 Weeks                  Whatley
Whipper                Wilder

Total--62

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Campsen                Cato
Chellis                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Harrell                Harrison
Haskins                Keegan                 Kelley
Kirsh                  Koon                   Law
Leach                  Limehouse              Loftis
Lucas                  Martin                 McGee
Meacham-Richardson     Merrill                Perry
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Simrill                Smith, D.C.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Stille                 Townsend               Tripp
Trotter                Walker                 Webb

Printed Page 2023 . . . . . Thursday, April 5, 2001

White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--56

So, the amendment was adopted.

Rep. HAMILTON proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20380SD01), which was tabled:
Amend the bill, as and if amended, in Section 59-40-55 of the 1976 Code, as contained in SECTION 1, by adding at the end of (E)(1) the following:

/The members of the advisory committee must include persons from but are not limited to persons from the above referenced categories./
Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER moved to table the amendment, which was agreed to.

LEAVE OF ABSENCE

The SPEAKER granted Rep. LOURIE a leave of absence for the remainder of the day due to personal reasons.

AMENDMENT NO. 14--RECONSIDERED AND TABLED

Rep. THOMPSON moved to reconsider the vote whereby Amendment No. 14 was rejected.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 14 was out of order because the amendment had effectively been clinched through the adoption of Amendment No. 11, which contained changes to the same sections as in Amendment No. 14.
SPEAKER WILKINS stated the principle that Rep. J.E. SMITH was referring to applied to consideration of sections of the Appropriations Bill. He therefore overruled the Point of Order.

Rep. HINSON moved to table the motion to reconsider.


Printed Page 2024 . . . . . Thursday, April 5, 2001

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

Yeas 57; Nays 59

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Battle                 Bingham                Bowers
Brown, G.              Brown, J.              Brown, R.
Clyburn                Coates                 Cobb-Hunter
Coleman                Cotty                  Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Jennings               Kennedy
Knotts                 Lee                    Lloyd
Mack                   McCraw                 McLeod
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Owens                  Parks
Phillips               Rhoad                  Rivers
Rutherford             Scarborough            Scott
Sheheen                Sinclair               Smith, F.N.
Smith, G.M.            Smith, J.E.            Snow
Stuart                 Talley                 Weeks
Whatley                Whipper                Wilder

Total--57

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Campsen                Carnell
Cato                   Chellis                Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Gilham                 Harrell
Harrison               Haskins                Keegan
Kelley                 Kirsh                  Koon
Law                    Leach                  Limehouse
Loftis                 Lucas                  Martin
McGee                  Meacham-Richardson     Merrill
Perry                  Quinn                  Rice
Riser                  Robinson               Rodgers

Printed Page 2025 . . . . . Thursday, April 5, 2001

Sandifer               Sharpe                 Simrill
Smith, D.C.            Smith, J.R.            Smith, W.D.
Stille                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--59

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

The question then recurred to the motion to reconsider.

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

Yeas 58; Nays 57

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Campsen                Cato
Chellis                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Harrell                Harrison
Haskins                Keegan                 Kelley
Kirsh                  Koon                   Law
Leach                  Limehouse              Loftis
Lucas                  Martin                 McGee
Meacham-Richardson     Merrill                Perry
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Simrill                Smith, D.C.
Smith, J.R.            Smith, W.D.            Stille
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--58


Printed Page 2026 . . . . . Thursday, April 5, 2001

Those who voted in the negative are:
Allen                  Askins                 Bales
Battle                 Bingham                Bowers
Brown, G.              Brown, J.              Brown, R.
Carnell                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Jennings
Kennedy                Knotts                 Lee
Lloyd                  Mack                   McCraw
McLeod                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Owens
Parks                  Phillips               Rhoad
Rivers                 Rutherford             Scarborough
Scott                  Sheheen                Sinclair
Smith, F.N.            Smith, G.M.            Smith, J.E.
Stuart                 Talley                 Weeks
Whatley                Whipper                Wilder

Total--57

So, the motion to reconsider was agreed to.

Rep. CAMPSEN spoke in favor of the amendment.
Rep. J. H. NEAL spoke against the amendment.

Rep. J. E. SMITH moved to table the amendment.

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

Yeas 58; Nays 57

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Battle                 Bingham                Bowers
Brown, G.              Brown, J.              Brown, R.
Carnell                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Emory                  Freeman                Gourdine

Printed Page 2027 . . . . . Thursday, April 5, 2001

Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Jennings
Kennedy                Knotts                 Lee
Lloyd                  Mack                   McCraw
McLeod                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Owens
Parks                  Phillips               Rhoad
Rivers                 Rutherford             Scarborough
Scott                  Sheheen                Sinclair
Smith, F.N.            Smith, J.E.            Snow
Stuart                 Talley                 Taylor
Weeks                  Whatley                Whipper
Wilder

Total--58

Those who voted in the negative are:

Altman                 Barfield               Barrett
Campsen                Cato                   Chellis
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Gilham
Harrell                Harrison               Haskins
Keegan                 Kelley                 Kirsh
Koon                   Law                    Leach
Limehouse              Loftis                 Lucas
Martin                 McGee                  Meacham-Richardson
Merrill                Perry                  Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Simrill                Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Stille
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--57

So, the amendment was tabled.


Printed Page 2028 . . . . . Thursday, April 5, 2001

Rep. TOWNSEND moved to recommit the Bill to the Committee on Education and Public Works.

Rep. HINSON moved to table the motion.

Rep. HOWARD moved that the House do now adjourn.

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

Yeas 8; Nays 90

Those who voted in the affirmative are:

Battle                 Cobb-Hunter            Hines, J.
Howard                 Mack                   Neal, J.H.
Parks                  Scott

Total--8

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Bingham
Bowers                 Brown, R.              Campsen
Carnell                Cato                   Chellis
Coates                 Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Gilham                 Harrell
Harrison               Harvin                 Haskins
Hinson                 Hosey                  Huggins
Keegan                 Kelley                 Kennedy
Kirsh                  Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Loftis                 Lucas
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Moody-Lawrence         Ott                    Owens
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Sheheen

Printed Page 2029 . . . . . Thursday, April 5, 2001

Simrill                Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, J.

Total--90

So, the House refused to adjourn.

The question then recurred to the motion to table the motion to recommit the Bill.

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

Yeas 54; Nays 62

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Battle                 Bingham                Bowers
Brown, G.              Brown, J.              Brown, R.
Carnell                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Jennings
Kennedy                Knotts                 Lee
Lloyd                  Mack                   McCraw
McLeod                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Owens
Parks                  Phillips               Rhoad
Rivers                 Rutherford             Scott
Sheheen                Smith, F.N.            Smith, J.E.
Snow                   Talley                 Weeks
Whatley                Whipper                Wilder

Total--54


Printed Page 2030 . . . . . Thursday, April 5, 2001

Those who voted in the negative are:
Allison                Altman                 Barfield
Barrett                Campsen                Cato
Chellis                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Harrell                Harrison
Haskins                Keegan                 Kelley
Kirsh                  Koon                   Law
Leach                  Limehouse              Loftis
Lucas                  Martin                 McGee
Meacham-Richardson     Merrill                Perry
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Stille
Stuart                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--62

So, the House refused to table the motion.

POINT OF ORDER

Rep. RUTHERFORD raised the Point of Order that the motion to recommit the Bill after cloture had been invoked was out of order.
Rep. FLEMING stated that there were no rules against recommitting a Bill once cloture had been invoked.
Rep. EASTERDAY stated that in accordance with Section 351 of Mason's Manual when the previous question is ordered, the presiding officer should immediately put the question upon which it was ordered to vote until all the questions affected have been disposed of, or there has been an affirmative vote on a pending motion to lay on the table, to postpone definitely or indefinitely, or to refer to committee.
Rep. MEACHAM-RICHARDSON stated that under House Rule 4.8, any Bill, which may come before the House can be committed or recommitted before a final decision thereon.


Printed Page 2031 . . . . . Thursday, April 5, 2001

SPEAKER WILKINS cited two similar precedents from 1983 and 1989 that ruled that once a previous question is ordered on a Bill, it cannot be committed or recommitted. He stated that under House Rule 6.6, the House is to first follow the U.S. Constitution, then the State Constitution, then the Rules of the House, and when it is not determined by these authorities, previous usage and parliamentary law and authorities are to be considered. Based on this analysis, he stated that in accordance with House Rule 4.8, any Bill, which may come before the House, may be committed or recommitted before a final decision thereon and he therefore overruled the Point of Order.

The question then recurred to the motion to recommit the Bill.

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

Yeas 69; Nays 44

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Campsen                Carnell
Cato                   Chellis                Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Gilham                 Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Limehouse
Loftis                 Lucas                  Martin
McGee                  Meacham-Richardson     Merrill
Perry                  Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley

Printed Page 2032 . . . . . Thursday, April 5, 2001

White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--69

Those who voted in the negative are:

Allen                  Battle                 Bingham
Bowers                 Brown, G.              Brown, J.
Brown, R.              Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Jennings               Kennedy
Lee                    Lloyd                  Mack
McCraw                 McLeod                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Owens                  Parks                  Phillips
Rivers                 Rutherford             Scott
Sheheen                Smith, J.E.            Snow
Weeks                  Whipper

Total--44

So, the Bill was recommitted.

RECURRENCE TO THE MORNING HOUR

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

H. 3805--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3805 (Word version) -- Rep. J. Young: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER SO AS TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS IN THAT PORTION OF THE SANTEE RIVER


Printed Page 2033 . . . . . Thursday, April 5, 2001

BELOW THE CABLE AND BUOYS MARKING THE SEAWARD BOUNDARY OF THE WILSON DAM SANCTUARY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES SEAWARD TO WILSON DAM LANDING AND FURTHER PROVIDE FOR NO OPEN SEASON IN THE SANTEE RIVER SEAWARD OF WILSON BOAT LANDING.

Rep. J. YOUNG explained the Senate amendments.

The Senate amendments were agreed to, and the Bill 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.

CONCURRENT RESOLUTION

The following was introduced:

H. 3894 (Word version) -- Reps. Koon and Frye: A CONCURRENT RESOLUTION TO COMMEND JACK A. CUNNINGHAM, OF GILBERT HIGH SCHOOL IN LEXINGTON COUNTY, SOUTH CAROLINA, ON HIS THIRTY-PLUS YEARS OF BEING AN AGRICULTURAL EDUCATOR AND HONOR HIM UPON HIS RETIREMENT AT THE CLOSE OF THE 2000-2001 SCHOOL YEAR.

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. 3895 (Word version) -- Reps. McGee, Harrison, Jennings and Klauber: A BILL TO AMEND SECTION 30-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES FOR COPYING THOSE RECORDS, SO AS TO PROVIDE THAT THE CHARGE MADE BY A PUBLIC BODY FOR COPIES OF PUBLIC RECORDS MAY NOT EXCEED CERTAIN SPECIFIED AMOUNTS.
Referred to Committee on Judiciary


Printed Page 2034 . . . . . Thursday, April 5, 2001

H. 3896 (Word version) -- Reps. McGee, Harrison, Jennings and Klauber: A BILL TO AMEND SECTION 30-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT ALL MEETINGS OF PUBLIC BODIES CLOSED TO THE PUBLIC MUST BE RECORDED ON CONTINUOUS AUDIO OR VIDEO TAPE AND THE TAPES MAINTAINED FOR A PERIOD OF TWO YEARS FOLLOWING THE MEETING, AND TO PROVIDE THAT THE TAPES MAY BE SUBJECTED TO IN CAMERA JUDICIAL REVIEW IN A SUIT BROUGHT PURSUANT TO THE FREEDOM OF INFORMATION ACT.
Referred to Committee on Judiciary

H. 3897 (Word version) -- Reps. McGee, Harrison, Jennings and Klauber: A BILL TO AMEND SECTION 30-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT NO CHANCE MEETING, SOCIAL MEETING, OR ELECTRONIC COMMUNICATION, INCLUDING COMMUNICATIONS THROUGH THE INTERNET, MAY BE USED TO DISCUSS, AS WELL AS ACT UPON, A MATTER OVER WHICH THE PUBLIC BODY HAS JURISDICTION.
Referred to Committee on Judiciary

H. 3898 (Word version) -- Reps. Harrison, Jennings and McGee: A BILL TO AMEND CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, ALE, PORTER, AND WINE BY ADDING SECTION 61-4-1115, SO AS TO PROVIDE THAT FOR PURPOSES OF ARTICLE 1, CHAPTER 4, TITLE 61, WHEN A REGISTERED PRODUCER IS AN IMPORTER OF BEER PRODUCED BY A BREWER LOCATED OUTSIDE OF THE UNITED STATES, THE IMPORTER IS DEEMED THE AGENT OF THE FOREIGN BREWER AND ANY AGREEMENT SUBJECT TO THE PROVISIONS OF THIS ARTICLE BETWEEN A WHOLESALER AND THE IMPORTER IS BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER.
Referred to Committee on Judiciary


Printed Page 2035 . . . . . Thursday, April 5, 2001

H. 3899 (Word version) -- Reps. Lourie, J. E. Smith, McLeod, Harvin, J. Brown, R. Brown, Clyburn, J. Hines, Hosey, Lloyd, Rodgers, Snow and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2002-2003, A SCHOOL DISTRICT SHALL EMPLOY AT LEAST ONE FULL-TIME SCHOOL NURSE FOR EACH SEVEN HUNDRED FIFTY STUDENTS ENROLLED IN DISTRICT SCHOOLS, TO PROVIDE THAT THESE NURSES MUST BE ASSIGNED TO DISTRICT SCHOOLS IN A MANNER THAT MAXIMIZES THEIR EFFICIENT USE, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THIS REQUIREMENT IS PROVIDED.
Referred to Committee on Education and Public Works

H. 3900 (Word version) -- Reps. Vaughn, Kirsh, J. R. Smith, Koon, Dantzler, Davenport, Edge, Harvin, Keegan and Rivers: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO INCLUDE AN EXEMPTION FOR MEALS OR FOODSTUFFS THAT ARE PREPARED OR PACKAGED THAT ARE SOLD TO PUBLIC OR NONPROFIT ORGANIZATIONS FOR CONGREGATE OR IN-HOME SERVICE TO THE HOMELESS OR NEEDY OR DISABLED ADULTS OVER EIGHTEEN YEARS OF AGE OR INDIVIDUALS OVER THE AGE OF SIXTY AND TO APPLY THIS EXEMPTION ONLY TO MEALS AND FOODSTUFFS ELIGIBLE FOR PURCHASE UNDER THE FEDERAL FOOD STAMP PROGRAM.
Referred to Committee on Ways and Means

H. 3901 (Word version) -- Rep. Rice: A BILL TO AMEND SECTIONS 40-37-200 AND 40-38-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE SCOPE OF PRACTICE OF OPTOMETRISTS AND OPTICIANS, SO AS TO AUTHORIZE CONTACT LENS REFILLS TO BE PROVIDED TO PATIENTS WHEN THE OPTOMETRIST OR OPTICIAN IS ABSENT IF THE


Printed Page 2036 . . . . . Thursday, April 5, 2001

LENS ARE PACKAGED AND HAVE BEEN LABELED BY THE OPTOMETRIST OR OPTICIAN.
Rep. RICE asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. BINGHAM objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3902 (Word version) -- Reps. Loftis, Allison, Altman, Barfield, Barrett, Bowers, Carnell, Cato, Davenport, Delleney, Easterday, Fleming, Hamilton, Hinson, Keegan, Koon, Leach, Littlejohn, Merrill, Miller, Rice, Robinson, Simrill, Sinclair, F. N. Smith, Snow, Stille, Trotter, Walker and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-285 SO AS TO PROVIDE TEACHERS CONSISTENT WITH THE LOCAL BOARD POLICY HAVE THE AUTHORITY TO MANAGE THEIR CLASSROOMS, DISCIPLINE STUDENTS, AND REFER STUDENTS TO THE PRINCIPAL IN ORDER TO MAINTAIN DISCIPLINE IN THE CLASSROOM, TO PROVIDE THAT A TEACHER SHALL FILE A REPORT WITH THE PRINCIPAL CONCERNING STUDENTS WHO EXHIBIT BEHAVIOR WHICH SUBSTANTIALLY INTERFERES WITH THE TEACHER'S ABILITY TO TEACH OR WITH THE ABILITY OF THE STUDENT'S CLASSMATES TO LEARN, AND TO PROVIDE FOR THE MANNER IN WHICH THE PRINCIPAL SHALL DEAL WITH THIS REPORT; AND BY ADDING SECTION 59-63-295 SO AS TO PROVIDE THAT A TEACHER MAY OBJECT TO A DISRUPTIVE STUDENT RETURNING TO THE CLASSROOM IF A REPORT REFERENCED ABOVE PREVIOUSLY HAS BEEN FILED WITH THE PRINCIPAL, AND TO PROVIDE FOR FURTHER PROCEDURES TO BE FOLLOWED AND SANCTIONS WHICH MAY BE IMPOSED AGAINST SUCH A STUDENT.
Referred to Committee on Education and Public Works

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


Printed Page 2037 . . . . . Thursday, April 5, 2001

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3874 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE JIMMY WHITE, HEAD BASEBALL COACH AT HARTSVILLE HIGH SCHOOL, AND ONE OF THIS STATE'S GREATEST HIGH SCHOOL BASEBALL COACHES, ON THE OCCASION OF HIS FIVE HUNDREDTH WIN.

ADJOURNMENT

At 12:50 p.m. the House, in accordance with the motion of Rep. R. BROWN, adjourned in memory of Reverend Joseph L. Wright, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Thursday, June 25, 2009 at 1:07 P.M.