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


Printed Page 713 . . . . . Wednesday, February 7, 2001

Wednesday, February 7, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our God and Father, we thank You for this our "one Nation under God" to assure freedom of thought and speech, freedom of press and assembly of worship. We thank You for natural resources and human resources which, in Your wisdom, has made us strong. Continue to lead Your people in the way of righteousness, justice and peace. Bind us as Your people together as children of the one Heavenly Father. Grant, O Lord, that our days may be lived and our deeds may be done as benefits Your people everywhere. And to You we give our praise and thanksgiving. 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. KENNEDY moved that when the House adjourns, it adjourn in memory of former Representative J. Henry Stuckey of Williamsburg County, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3124 (Word version) -- Reps. Emory, Clyburn, Whipper and Robinson: A BILL TO AMEND SECTION 40-35-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO ALLOW ISSUANCE OF A LICENSE BASED ON A COMBINATION OF EDUCATION AND EXPERIENCE AS ESTABLISHED IN REGULATION BY


Printed Page 714 . . . . . Wednesday, February 7, 2001

THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3303 (Word version) -- Rep. Scott: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Ordered for consideration tomorrow.

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

H. 3224 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-115 SO AS TO PROVIDE A FORFEITURE PROCEDURE WITH RESPECT TO CASH THAT IS CONFISCATED FROM A PERSON ARRESTED FOR A PROSTITUTION VIOLATION; AND TO AMEND SECTION 16-15-110, RELATING TO PENALTIES FOR PROSTITUTION VIOLATIONS, SO AS TO PROVIDE THAT CASH CONFISCATED PURSUANT TO AN ARREST FOR PROSTITUTION IS SUBJECT TO FORFEITURE.
Ordered for consideration tomorrow.

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

H. 3259 (Word version) -- Reps. W. D. Smith, Wilkins, Harrison, Harrell, J. Brown, Townsend, Sharpe and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO DEFINE AND REGULATE A PUSH-POLL AND PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.


Printed Page 715 . . . . . Wednesday, February 7, 2001

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 115 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-21-2734, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LICENSES TO OPERATE CERTAIN AMUSEMENTS, SO AS TO ESTABLISH AN OPTION TO PURCHASE AN EIGHT-MONTH LICENSE IN LIEU OF A TWENTY-FOUR MONTH OR A SIX-MONTH LICENSE.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3103 (Word version) -- Reps. Sharpe, J. E. Smith, Cotty, Sheheen, Coleman, Quinn, Harrison, Delleney, Altman, Clyburn and Merrill: A BILL TO AMEND SECTION 6-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING GOVERNMENTAL ENTITIES TO ENTER INTO CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES FOR THE COLLECTION, DISPOSAL, AND TREATMENT OF SEWAGE, AND TO AMEND SECTION 44-55-1410, RELATING TO AUTHORIZING COUNTIES TO OPERATE WATER AND SEWER FACILITIES, IN BOTH, SO AS TO PROVIDE THAT A CONTRACT SHALL NOT CONTAIN A PROVISION PROVIDING THAT MORE THAN TEN PERCENT OF THE SEWAGE TREATED BY THE SEWER FACILITIES MAY BE GENERATED FROM OUTSIDE THE BOUNDARIES OF THE STATE.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

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,


Printed Page 716 . . . . . Wednesday, February 7, 2001

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.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3173 (Word version) -- Reps. Law and Merrill: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-142 SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF THE COOPER RIVER LYING BETWEEN CHANNEL MARKER 13 IN THE VICINITY OF PIMLICO PLANTATION AND THE WATER CHECK STATION IN THE VICINITY OF BLUFF PLANTATION.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3489 (Word version) -- Rep. Rhoad: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE HONORABLE J. EDWARD DARNELL, SHERIFF OF BAMBERG COUNTY, ON BEING NAMED "SHERIFF OF THE YEAR" BY THE SOUTH CAROLINA SHERIFF'S ASSOCIATION AND WISH HIM CONTINUED SUCCESS IN THE FUTURE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3490 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO WARMLY WELCOME THE KOREAN AMERICAN CULTURAL FOUNDATION TO SOUTH CAROLINA AND TO ESPECIALLY THANK DR. LEE, YOUNG JACK, CHAIRMAN, DR. CHO, SUNG KYU, EXECUTIVE DIRECTOR, THE INSTITUTE FOR KOREA-


Printed Page 717 . . . . . Wednesday, February 7, 2001

U.S. CULTURAL EXCHANGE, AND ALL OF THE TALENTED PERFORMERS ACCOMPANYING THE KOREAN AMERICAN CULTURAL FOUNDATION FOR THEIR EFFORTS TO RECOGNIZE AND HONOR AMERICAN VETERANS OF THE KOREAN WAR BY SHARING THE TRADITIONS AND RICH CULTURE OF KOREA WITH THE CITIZENS OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3491 (Word version) -- Reps. Rivers, Bowers, Gilham, Hosey, Lloyd, Rodgers, Rutherford and Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.

INTRODUCTION OF BILLS

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

H. 3492 (Word version) -- Reps. White, Barrett, Chellis, Cooper, Emory, Hayes, Keegan, Klauber, Law, Martin, McGee, J. M. Neal, Ott, Rice, Taylor, Thompson, Townsend, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-1320, AS AMENDED, CODE OF LAWS OF SOUTH


Printed Page 718 . . . . . Wednesday, February 7, 2001

CAROLINA, 1976, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS LICENSES TO PERSONS CONVICTED OF A FIRST OFFENSE OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING ALCOHOL, DRUGS, OR NARCOTICS, SO AS TO INCREASE THE FEE AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST USE THE ADDITIONAL REVENUES FOR HIRING AND TRAINING ADDITIONAL MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
Referred to Committee on Judiciary

S. 181 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-630, SO AS TO PROVIDE THAT A HOLDER OF A RETAIL PERMIT AUTHORIZING SALES OF BEER OR WINE FOR OFF-PREMISES CONSUMPTION MAY DELIVER BEER OR WINE IN A SEALED CONTAINER TO A PERSON AGED TWENTY-ONE OR OLDER UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

S. 264 (Word version) -- Senators Martin and Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY THE STUDENTS OF PICKENS HIGH SCHOOL ON NOVEMBER 16, 2000, BECAUSE OF A BROKEN WATER MAIN, AND THE DAYS MISSED ON DECEMBER 6, 2000, BY STUDENTS AT CROSSWELL ELEMENTARY, DACUSVILLE ELEMENTARY, DACUSVILLE MIDDLE, EASLEY HIGH, EAST END ELEMENTARY, FOREST ACRES ELEMENTARY, GETTYS MIDDLE, MCKISSICK ELEMENTARY, NORTHSIDE CHILD DEVELOPMENT, SIMPSON ACADEMY, AND WEST END ELEMENTARY BECAUSE OF A WATER MAIN PROBLEM IN THE TOWN OF EASLEY BE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. TROTTER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.


Printed Page 719 . . . . . Wednesday, February 7, 2001

HOUSE RESOLUTION

The following was introduced:

H. 3493 (Word version) -- Reps. Klauber, Carnell and Parks: A HOUSE RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND TRAINERS OF THE CAMBRIDGE ACADEMY FOOTBALL TEAM ON A SEASON OF SPIRITED COMPETITION, HARD WORK, AND DISCIPLINED PLAY AND TO CONGRATULATE THEM ON WINNING THE 2000 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE FOOTBALL CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3494 (Word version) -- Reps. Klauber, Carnell and Parks: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PLAYERS, COACHES, AND TRAINERS OF THE CAMBRIDGE ACADEMY FOOTBALL TEAM AS WELL AS TO OTHER CAMBRIDGE ACADEMY SCHOOL OFFICIALS ON WEDNESDAY, FEBRUARY 21, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAM ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE FOOTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the South Carolina House of Representatives to the players, coaches, and trainers of the Cambridge Academy Football Team, as well as to other Cambridge Academy school officials on Wednesday, February 21, 2001, at a time to be determined by the Speaker, for the purpose of recognizing and


Printed Page 720 . . . . . Wednesday, February 7, 2001

congratulating the team on winning the South Carolina Independent School Association Class A State Football Championship.

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                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Hamilton               Harrell                Harrison
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Neal, J.M.             Neilson
Ott                    Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Rivers                 Robinson
Rodgers                Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, J.E.            Smith, J.R.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Trotter                Vaughn                 Walker
Webb                   Whatley                White

Printed Page 721 . . . . . Wednesday, February 7, 2001

Wilder                 Wilkins                Witherspoon
Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 7.

Ronald Townsend                   Daniel Tripp
Doug Smith                        Bill Cotty
David Mack                        Jeff Young
G. Murrell Smith                  David Weeks
Gloria Haskins                    James Law
David Owens                       Ralph Davenport
Joseph Neal                       Jerry Govan
Larry Koon                        Todd Rutherford
Douglas Jennings                  Alex Harvin
Bessie Moody-Lawrence

Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. Chip Walpole of Piedmont is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. TRIPP presented to the House the Mauldin High School "Lady Mavericks", Class AAAA Cross Country Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. TALLEY and the Spartanburg Delegation presented to the House a delegation of students, parents and officials from the S.C. School for the Deaf and the Blind.

SPECIAL PRESENTATION

Rep. STUART presented to the House the Swansea High School Tiger Band, the 2000 Class AA Marching Band State Champions.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper,


Printed Page 722 . . . . . Wednesday, February 7, 2001

its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3004 (Word version)
Date:   ADD:
02/07/01   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3004 (Word version)
Date:   ADD:
02/07/01   EASTERDAY

CO-SPONSOR ADDED

Bill Number:   H. 3005 (Word version)
Date:   ADD:
02/07/01   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3005 (Word version)
Date:   ADD:
02/07/01   EASTERDAY

CO-SPONSOR ADDED

Bill Number:   H. 3447 (Word version)
Date:   ADD:
02/07/01   MILLER


Printed Page 723 . . . . . Wednesday, February 7, 2001

CO-SPONSOR REMOVED

Bill Number:   H. 3290 (Word version)
Date:   REMOVE:
02/07/01   D. C. SMITH

CO-SPONSOR REMOVED

Bill Number:   H. 3290 (Word version)
Date:   REMOVE:
02/07/01   PERRY

CO-SPONSOR REMOVED

Bill Number:   H. 3290 (Word version)
Date:   REMOVE:
02/07/01   MCGEE

CO-SPONSOR REMOVED

Bill Number:   H. 3290 (Word version)
Date:   REMOVE:
02/07/01   OWENS

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 222 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S USE OF REVENUES OF THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO AUTHORIZE ADDITIONAL LEGAL INVESTMENTS FOR THESE REVENUES BY THE STATE TREASURER IN OBLIGATIONS OF CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH CAROLINA IF THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS AND BEAR AN INVESTMENT GRADE RATING OF AT LEAST TWO NATIONALLY RECOGNIZED RATING SERVICES.


Printed Page 724 . . . . . Wednesday, February 7, 2001

H. 3290--COMMITTED

The following Bill was taken up:

H. 3290 (Word version) -- Reps. Walker, Allen, Allison, Altman, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Clyburn, Coates, Cobb-Hunter, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Leach, Lee, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, Sinclair, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Trotter, Vaughn, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young, J. Young, Loftis and Askins: A BILL TO AMEND SECTION 40-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT DEEMED TO BE ENGAGING IN THE PRACTICE OF OPTOMETRY, SO AS TO INCLUDE PERSONS ADMINISTERING AND PRESCRIBING PHARMACEUTICAL AGENTS FOR THE DIAGNOSIS AND TREATMENT OF EYE DISEASE; TO AMEND SECTION 40-37-105, AS AMENDED, RELATING TO THE USE OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO DELETE PROVISIONS CONCERNING SPECIFIC MEDICATIONS, PROVISIONS REGARDING PATIENT CHART DOCUMENTATION, AND PROVISIONS RELATING TO PROCEDURES FOR MAKING REFERRALS WHEN PRESCRIBING TOPICAL STEROIDS AND WHEN TREATING GLAUCOMA AND TO AUTHORIZE INJECTIONS FOR THE TREATMENT OF ANAPHYLAXIS; AND TO AMEND SECTION 40-37-107, AS AMENDED, RELATING TO PROCEDURES FOR CARE GENERALLY, AND IN TREATING GLAUCOMA, TO REFERRAL OF PATIENTS TO OTHER OPTOMETRISTS AND TO OPHTHALMOLOGISTS WHEN TREATING GLAUCOMA, AND TO THE PROHIBITION AGAINST PERFORMING SURGERY, SO AS TO DELETE THE PROVISIONS CONCERNING PROCEDURES FOR CARE AND REFERRAL OF PATIENTS AND


Printed Page 725 . . . . . Wednesday, February 7, 2001

TO MAINTAIN THE PROHIBITION AGAINST PERFORMING SURGERY.

Rep. WALKER moved to adjourn debate on the Bill until Tuesday, February 13.

Rep. J. BROWN moved to table the motion, which was agreed to.

Rep. J. BROWN moved to commit the Bill to the Committee on Medical, Military, Public and Municipal Affairs Committee.

POINT OF ORDER

Rep. WALKER raised the Point of Order that the motion to recommit the Bill was out of order in accordance with a House precedent in that the motion was not a timely one. He stated that the Bill had originally gone without reference and therefore could not be committed or recommitted.
SPEAKER WILKINS stated that there was no House precedent to support the Point of Order. He stated further that under House Rule 4.8, a Bill may be committed or recommitted to a committee at any time before a final decision thereon and he therefore overruled the Point of Order.

The question then recurred to the motion to commit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. WALKER moved to table the motion.

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

Yeas 40; Nays 63

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Cato                   Cobb-Hunter            Cooper
Delleney               Easterday              Edge
Howard                 Keegan                 Kirsh
Leach                  Lee                    Littlejohn
Lucas                  Martin                 Meacham-Richardson
Merrill                Neilson                Rhoad
Rutherford             Sandifer               Simrill

Printed Page 726 . . . . . Wednesday, February 7, 2001

Sinclair               Smith, J.R.            Smith, W.D.
Stille                 Talley                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Weeks                  Whatley                Witherspoon
Young, A.

Total--40

Those who voted in the negative are:

Allen                  Altman                 Askins
Bales                  Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Clyburn                Coleman
Cotty                  Dantzler               Emory
Freeman                Frye                   Gilham
Gourdine               Hamilton               Harrison
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Kelley
Kennedy                Klauber                Knotts
Lloyd                  Loftis                 Lourie
Mack                   McCraw                 McGee
McLeod                 Miller                 Neal, J.M.
Ott                    Parks                  Perry
Phillips               Rice                   Rivers
Robinson               Rodgers                Scarborough
Scott                  Sharpe                 Sheheen
Smith, D.C.            Smith, J.E.            Snow
Stuart                 Thompson               White
Wilder                 Wilkins                Young, J.

Total--63

So, the House refused to table the motion.

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


Printed Page 727 . . . . . Wednesday, February 7, 2001

H. 3290--RECORD FOR VOTING

I was conducting an interview with a reporter from the Sumter Item about my office. I arrived late for the motion to table the motion to commit. I voted against that motion but it did not record my vote prior to closing. I want to place my vote of no in the record for the motion.

Rep. Murrell Smith

ORDERED TO THIRD READING

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

H. 3270 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION STARTING WITH THE ELECTIONS IN 2004.

Rep. HARRISON explained the Bill.

H. 3276--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3276 (Word version) -- Reps. Klauber, Harrison, Fleming and J. Young: A BILL TO AMEND SECTION 7-13-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION SO AS TO PROVIDE THAT A CANDIDATE NOMINATED BY MORE THAN ONE PARTY MAY NOT HAVE THE AGGREGATE OF ALL VOTES RECEIVED COUNTED TO DETERMINE THE WINNER IN AN ELECTION AND TO PROVIDE THAT THE ONLY VOTES RECEIVED AS A CANDIDATE FOR EACH PARTY NOMINEE MAY BE USED TO DETERMINE THE WINNER IN AN ELECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1169DW01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:


Printed Page 728 . . . . . Wednesday, February 7, 2001

/ SECTION   1.   Section 7-13-350 of the 1976 Code, as last amended by Act 392 of 2000, is amended by adding:

"(C)(1)   A candidate may not be nominated by more than one party and, a candidate nominated by a party may not also be a candidate by petition.

(2)   The authority charged by law with printing the ballot shall print the name of a candidate with the one political party which nominates him and may not print his name as nominated by more than one party or method."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to conform.

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

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

H. 3057--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3057 (Word version) -- Reps. McGee, Altman and Owens: A BILL TO AMEND CHAPTER 15, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILS AND RECOGNIZANCES, BY ADDING SECTION 17-15-65 SO AS TO ESTABLISH THE OFFENSE OF WILFUL FAILURE TO APPEAR IN COURT TO ANSWER THE CHARGE OR INDICTMENT AND TO PROVIDE PENALTIES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18155SOM01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.   The 1976 Code is amended by adding:

"Section 17-15-65.   (A)   It is unlawful for a person who has been released pursuant to this chapter and who is subject to a bench warrant which has been outstanding for ninety days or more to wilfully fail to appear at a court proceeding as required.

(B)   If the person was released in connection with a felony charge or while awaiting sentence after conviction, the penalty is a fine of not


Printed Page 729 . . . . . Wednesday, February 7, 2001

more than ten thousand dollars, or imprisonment of not more than ten years, or both.

(C)   If the person was released in connection with a misdemeanor charge, the penalty is a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both.

(D)   In addition, the bond or security pledged for the release of the person is forfeited as provided by Section 38-53-70.

(E)   A person convicted under this section is not eligible for release on a personal recognizance bond if charged with committing any future offense."
SECTION   2.   This act takes effect on January first of the year after its approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

Reps. F. N. SMITH, LEE, ALLEN, LLOYD, HOSEY, RIVERS, MACK, R. BROWN, SHEHEEN, COLEMAN and RUTHERFORD requested debate on the Bill.

H. 3046--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3046 (Word version) -- Reps. Harrison, Jennings and Altman: A BILL TO AMEND SECTION 2-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL EFFECTIVE DATE OF ACTS AND JOINT RESOLUTIONS, SO AS TO MAKE ALL ACTS WHICH IMPOSE A CRIMINAL PENALTY EFFECTIVE ON JANUARY FIRST OF THE YEAR AFTER APPROVAL BY THE GOVERNOR, UNLESS ANOTHER DATE IS SPECIALLY NAMED IN THE ACT AS THE DAY UPON WHICH IT TAKES EFFECT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18156SOM01), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered sections to read:


Printed Page 730 . . . . . Wednesday, February 7, 2001

/ SECTION ___.   Section 16-1-10(C) and (D) of the 1976 Code, as last amended by Part II, Section 70B of Act 164 of 1993, is further amended to read:

"(C)   The common law offense of assault and battery of a high and aggravated nature and All all offenses with a term of imprisonment of less than one year are misdemeanors and are exempt from the classification system.

(D)   The following offenses are classified as exempt under subsections (A) and (B), which was adopted:
12-21-2790     Interference with proper operation of video game machine
12-21-6000(B)   Possessing marijuana or controlled substances without appropriate stamps
16-3-10     Murder
16-3-30     Killing by poison
16-3-40     Killing by stabbing or thrusting
16-3-85(B)(1)     Homicide by child abuse
16-3-85(B)(2)     Aiding and abetting homicide by child abuse
16-3-210     Lynching
16-3-430     Killing in a duel
16-3-620     Assault with intent to kill (if sentenced for the common law offense of assault and battery of a high and aggravated nature)
16-3-910     Kidnapping (if sentenced for murder)
16-11-311(B)     Burglary

First degree
16-11-540     Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
16-25-65     Criminal domestic violence of a high and aggravated nature
23-36-170(c), (d)   Penalty (violation of South Carolina Explosives Control Act)

Third, fourth, or subsequent offenses
25-7-30     Giving information respecting national or state defense to foreign contacts during war
25-7-40     Gathering information for an enemy
44-53-370(e)(1)(a)3   Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)

Third or subsequent offenses
44-53-370(e)(1)(b)   Prohibited Acts A, penalties (trafficking in marijuana, 100 pounds or more of marijuana, but less than 2,000 pounds)


Printed Page 731 . . . . . Wednesday, February 7, 2001

44-53-370(e)(1)(c)   Prohibited Acts A, (trafficking in marijuana, 2000 pounds or more, but less than 10,000 pounds)
44-53-370(e)(1)(d)   Prohibited Acts A, penalties (trafficking in marijuana, 10,000 pounds of marijuana or more)
44-53-370(e)(2)(a)3   Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more, but less than 28 grams)

Third or subsequent offense
44-53-370(e)(2)(b)3   Prohibited Acts A, penalties (trafficking in cocaine, 28 grams or more, but less than 100 grams)
44-53-370(e)(2)(c)   Prohibited Acts A, penalties (trafficking in cocaine, 100 grams or more, but less than 200 grams)
44-53-370(e)(2)(d)   Prohibited Acts A, penalties (trafficking in cocaine, 200 grams or more, but less than 400 grams)
44-53-370(e)(2)(e)   Prohibited Acts A, penalties (trafficking in cocaine, 400 grams or more)
44-53-370(e)(3)(a)2   Prohibited Acts A, penalties (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)

Second or subsequent offense
44-53-370(e)(3)(b)   Prohibited Acts A, penalties (trafficking in illegal drugs, 14 grams or more, but less than 28 grams)
44-53-370(e)(3)(c)   Prohibited Acts A, penalties (trafficking in illegal drugs, 28 grams or more)
44-53-370(e)(4)(a)2   Prohibited Acts A, penalties (trafficking in methaqualone, 15 grams or more, but less than 150 grams)

Second or subsequent offense
44-53-370(e)(4)(b)   Prohibited Acts A, penalties (trafficking in methaqualone, 150 grams but less than 1,500 grams)
44-53-370(e)(4)(c)   Prohibited Acts A, penalties (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone)
44-53-370(e)(4)(d)   Prohibited Acts A, penalties (trafficking in methaqualone, 15 kilograms or more)
44-53-370(e)(5)(a)3   Prohibited Acts, penalties (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)

Third or subsequent offense
44-53-370(e)(5)(b)3   Prohibited Acts, penalties (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)

Third or subsequent offense
44-53-370(e)(5)(c)   Prohibited Acts, penalties (trafficking in LSD, 1,000 dosage units or more)


Printed Page 732 . . . . . Wednesday, February 7, 2001

44-53-375(C)(1)(c)   Trafficking in ice, crank, or crack cocaine 10 grams or more, but less than 28 grams

Third or subsequent offense
44-53-375(C)(2)(c)   Trafficking in ice, crank, or crack cocaine 28 grams or more, but less than 100 grams

Third or subsequent offense
44-53-375(C)(3)   Trafficking in ice, crank, or crack cocaine 100 grams or more, but less than 200 grams
44-53-375(C)(4)   Trafficking in ice, crank, or crack cocaine 200 grams or more, but less than 400 grams
44-53-375(C)(5)   Trafficking in ice, crank, or crack cocaine 400 grams or more
44-53-445     Distribute, sell, or manufacture, or possess with intent to distribute crack cocaine within proximity of school
56-5-2780(B)(1)   Unlawfully passing a stopped school bus where great bodily injury results
56-5-2947     Child endangerment
56-15-590     Failure of a motor vehicle auction to keep required records or make them available for inspection
58-17-4090     Penalty for obstruction of railroad if death of human being results

In addition to the offenses exempt from classification provided for in Section (C), only criminal offenses with a maximum penalty of life imprisonment or death are felonies exempt from the classification system. This does not include offenses for which a sentence of life imprisonment may be given pursuant to Section 17-25-45."
SECTION   ___.   Section 16-1-20(B) of the 1976 Code, as last amended by Part I, Section 1 of Act 7 of 1995, is further amended to read:

"(B)   For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to any a mandatory minimum sentence or the offense prohibits suspension of a part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence."
SECTION   __.   Section 16-1-30 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-1-30.   All criminal offenses created by statute after July 1, 1993, must be provided by statute or in common law with


Printed Page 733 . . . . . Wednesday, February 7, 2001

maximum terms of imprisonment of three years or less are misdemeanors and automatically are classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20, except offenses that are exempt from classification as provided in Section 16-1-10(C). All criminal offenses provided by statute or in common law with maximum terms of imprisonment of five years or more are felonies and automatically are classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20 except offenses that are exempt from classification as provided in Section 16-1-10(C) and (D)."
SECTION ___.   Sections 2-13-66, 16-1-90, 16-1-100, and 16-1-110 of the 1976 Code are repealed. /
Amend further by striking title and inserting:
/ TO AMEND SECTION 2-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL EFFECTIVE DATE OF ACTS AND JOINT RESOLUTIONS, SO AS TO MAKE ALL ACTS WHICH IMPOSE A CRIMINAL PENALTY EFFECTIVE ON JANUARY FIRST OF THE YEAR AFTER APPROVAL BY THE GOVERNOR, UNLESS ANOTHER DATE IS SPECIALLY NAMED IN THE ACT AS THE DAY UPON WHICH IT TAKES EFFECT; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; AND TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110, ALL RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS. /
Renumber sections to conform.

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

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


Printed Page 734 . . . . . Wednesday, February 7, 2001

H. 3032--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3032 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-19-660 SO AS TO ALLOW A PROFESSIONAL CORPORATION TO DESIGNATE IN WRITING AN EMPLOYEE OR AGENT WHO MAY REPRESENT THE CORPORATION IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18159SD01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION   1.   The 1976 Code is amended by adding:

"Section 33-1-103.   A corporation or partnership, as defined in this section, may designate in writing an employee or principal of the corporation or partnership to represent it in magistrates court. Notwithstanding the provisions of Chapter 5 of Title 40 or any other provision of law, the person designated, while representing the corporation or partnership in magistrates court, is not engaged in the unauthorized practice of law.

As used in this section, a corporation or partnership is defined as a general partnership, A limited liability partnership, a limited liability company, a limited partnership, a professional association, a professional corporation, a nonprofit corporation, a business corporation, or a statutory close corporation."/
Renumber sections to conform.
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-1-103 SO AS TO ALLOW SPECIFIED CORPORATIONS OR PARTNERSHIPS TO DESIGNATE IN WRITING AN EMPLOYEE OR PRINCIPAL WHO MAY REPRESENT THE CORPORATION OR PARTNERSHIP IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON


Printed Page 735 . . . . . Wednesday, February 7, 2001

DESIGNATED, WHILE REPRESENTING THE CORPORATION OR PARTNERSHIP IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW./

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

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

H. 3477--POINT OF ORDER

The following Bill was taken up:

H. 3477 (Word version) -- Reps. Vaughn, Tripp, Hamilton, Easterday, Leach, Haskins, Wilkins and Cato: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE FOR WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

POINT OF ORDER

Rep. LOFTIS 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. 3034--RECALLED AND REFERRED TO COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. LUCAS, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Education and Public Works:

H. 3034 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-25 SO AS TO ESTABLISH CRITERIA FOR THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS TO STUDENTS GRADUATING IN 2001 AND THEREAFTER WHO ATTEND "MAGNET SCHOOLS" OR SCHOOLS WITH "OPEN ENROLLMENT".


Printed Page 736 . . . . . Wednesday, February 7, 2001

H. 3369--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3369 (Word version) -- Reps. Townsend, Scarborough, Altman, R. Brown, Campsen, Harrell, Mack and Whipper: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT TO APPOINT AND THE SENATE TO CONFIRM HARRY BANCROFT LIMEHOUSE TO THE POST OF FEDERAL HIGHWAY ADMINISTRATOR.

Whereas, Harry Bancroft (Buck) Limehouse, a Charleston native and 1960 graduate of the Citadel, is a shrewd businessman, avid outdoorsman, proven community leader, and proud family man; and

Whereas, Mr. Limehouse is the founder and owner of Limehouse Properties, a commercial real estate company that manages many of his other business interests, which consist of the Indigo Inn, the Meeting Street Inn, and the Jasmine House, in downtown Charleston and the Summerville Econolodge and the Saint George Comfort Inn; and

Whereas, Mr. Limehouse has received much recognition for his business skills from the South Carolina Hospitality Association, which named him "Hotelier of the Year" for 1994, to his repeat customers and loyal employees. He was awarded an Honorary Doctorate degree in Hospitality Management from Johnson and Wales University in 1995 and an Honorary Doctorate in Business from the Citadel in 1996; and

Whereas, in addition to his business experience, Mr. Limehouse also has a myriad of government experience. He was the Chairman of the South Carolina Public Railways Commission and has been applauded for his overhaul of the Department of Transportation, a position he held from 1994 to 1999 and which he made the most efficient Department of Transportation in the nation during his tenure as Chairman. Mr. Limehouse was honored by Governor Carroll Campbell with The Order of the Palmetto Award for his distinguished service to the State of South Carolina and awarded a second Order of the Palmetto by Governor David Beasley in 1999; and

Whereas, Mr. Limehouse was named "Transportation Advocate of the Year" in May, 1995 by the South Carolina Transportation Policy


Printed Page 737 . . . . . Wednesday, February 7, 2001

and Research Council, and he received the "Friend of the Taxpayer" Award from the South Carolina Association of Taxpayers in 1996; and

Whereas, Mr. Limehouse was the instigator and organizer of the State Infrastructure Bank, which Governor David Beasley signed into law in 1997 and appointed Mr. Limehouse to the board. The State Infrastructure Bank is responsible for funding projects such as the new Cooper River Bridge in Charleston County, the Conway By-Pass, the Carolina Bays Parkway, the Highway 170 Project, the Southern Connector, and the York County Road Projects; and

Whereas, Harry Bancroft Limehouse has been a keen leader in the community for many years involving himself in many civic and regional organizations ranging from the Charleston Board of Realtors, of which he was the Charter President of their Commercial Real Estate Division, to the 1992 Chairmanship of the Southern Governors' Conference and membership on the United States Presidential Delegation to the Paris Air Show of 1987. He is also currently on the board of the Carolina Coastal Boy Scouts of America and a member of the Charleston Elk's Lodge Number 242; and

Whereas, Mr. Limehouse has further served his State by taking an active role in Republican politics since the 1964 Goldwater campaign and served as the Charleston Area Chairman of the George W. Bush for President Finance Committee; and

Whereas, Mr. Limehouse is an avid outdoorsman who enjoys the marshes and woodlands of the South Carolina coast as well as the ACE Basin, where he owns land upon which he has granted a conservation easement to protect the property from future development; and

Whereas, Mr. Limehouse was the founding President of the Palmetto State Games and is the former president of Ducks Unlimited. He was also named the South Carolina Conservationist of the Year in 1997; and

Whereas, Mr. Limehouse is married to the former Frances Fennell of Walterboro, South Carolina. They have four sons, one of whom is Chip Limehouse, our colleague in the House of Representatives, and three of whom have made Mr. and Mrs. Limehouse proud grandparents. Now, therefore,


Printed Page 738 . . . . . Wednesday, February 7, 2001

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

That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize President George W. Bush to appoint and the United States Senate to confirm Harry Bancroft (Buck) Limehouse to the post of Federal Highway Administrator.

Be it further resolved that a copy of this resolution be forwarded to the Honorable George W. Bush, President of the United States, United States Senator Strom Thurmond, United States Senator Ernest Hollings, and the Honorable Harry Bancroft Limehouse.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

H. 3360--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3360 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF MORTGAGE LOAN BROKERS SO AS TO PLACE THIS BOARD UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF INDIVIDUALS AS MORTGAGE LOAN BROKERS.

Rep. CATO proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11213AC01), which was adopted:
Amend the bill, as and if amended, page 21, immediately after line 6, by inserting:
/Section 40-58-215.   No person or organization may offer or agree to offer loan brokerage services in this State without first depositing


Printed Page 739 . . . . . Wednesday, February 7, 2001

and continuously maintaining the amount of ten thousand dollars in cash or securities approved by the director or a bond in the amount of ten thousand dollars executed by a surety company authorized by the laws of this State to transact business within this State. The bond must be executed to the State of South Carolina and must be for the use of the State and for any consumers who may have a cause of action against the loan broker./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. CATO proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\AMEND\11222AC01), which was adopted:
Amend the bill, as and if amended, page 24, by deleting Section 3 of the bill and inserting:
/SECTION   3.   This act takes effect July 1, 2001./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. CATO proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\AMEND\11232AC01), which was adopted:
Amend the bill, as and if amended, Section 40-58-230, page 22, line 18 before /The director/ by inserting:
/If a person files a written complaint with the board or the director charging a broker with a violation of this chapter, the director must examine the books, records, and other documents maintained pursuant to this section to determine if the broker has substantially complied with this chapter./
Renumber sections to conform.
Amend totals and title to conform.

Rep. CATO explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR


Printed Page 740 . . . . . Wednesday, February 7, 2001

Rep. CATO continued speaking.
The amendment was then adopted.

Rep. J. E. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9871HTC01), which was tabled:
Amend the bill, as and if amended, page 4, by striking lines 5 through 14.
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. E. SMITH moved to table the amendment, which was agreed to.

Rep. MCLEOD moved to table the Bill.

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

Yeas 43; Nays 69

Those who voted in the affirmative are:

Allen                  Brown, G.              Brown, R.
Coates                 Cobb-Hunter            Coleman
Cotty                  Davenport              Delleney
Emory                  Gourdine               Govan
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Kennedy
Kirsh                  Lee                    Lloyd
Loftis                 Mack                   McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Neal, J.H.             Neal, J.M.
Ott                    Parks                  Perry
Phillips               Rivers                 Rutherford
Scott                  Sheheen                Simrill
Smith, F.N.            Smith, J.E.            Weeks
Whatley

Total--43

Those who voted in the negative are:

Allison                Altman                 Askins
Bales                  Barfield               Barrett

Printed Page 741 . . . . . Wednesday, February 7, 2001

Battle                 Bingham                Campsen
Carnell                Cato                   Chellis
Cooper                 Dantzler               Easterday
Edge                   Fleming                Freeman
Frye                   Gilham                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Lourie                 Lucas
Martin                 Miller                 Neilson
Owens                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Snow                   Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--69

So, the House refused to table the Bill.

Rep. J. H. NEAL spoke against the Bill.
Rep. J. E. SMITH spoke against the Bill.
Rep. MACK spoke against the Bill.
Rep. TRIPP spoke in favor of the Bill.

Rep. CATO moved cloture on the entire matter.

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

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

Yeas 51; Nays 62


Printed Page 742 . . . . . Wednesday, February 7, 2001

Those who voted in the affirmative are:
Allen                  Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Carnell                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Delleney               Emory                  Freeman
Gourdine               Govan                  Hayes
Hines, J.              Hines, M.              Hosey
Jennings               Kennedy                Kirsh
Lee                    Lloyd                  Lourie
Mack                   McCraw                 McGee
McLeod                 Meacham-Richardson     Miller
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Rivers
Rutherford             Scott                  Sheheen
Simrill                Smith, F.N.            Smith, J.E.
Stille                 Weeks                  Whatley

Total--51

Those who voted in the negative are:

Allison                Altman                 Askins
Bales                  Barfield               Barrett
Battle                 Bingham                Campsen
Cato                   Chellis                Dantzler
Davenport              Easterday              Edge
Fleming                Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Hinson                 Huggins
Kelley                 Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 Merrill
Rice                   Rodgers                Sandifer
Scarborough            Sharpe                 Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Snow                   Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   White

Printed Page 743 . . . . . Wednesday, February 7, 2001

Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--62

So, the House refused to table the motion.

The question then recurred to the motion to invoke cloture on the entire matter, which was rejected.

SPEAKER IN CHAIR

HOUSE STANDS AT EASE

On motion of Rep. W. D. SMITH, the House stood at ease until the Joint Assembly.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill.

THE HOUSE RESUMES

At 11:58 p.m. the House resumed, the SPEAKER in the Chair.

POINT OF PERSONAL PRIVILEGE

Rep. J. H. NEAL arose to a Point of Personal Privilege.

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF COURT OF APPEALS JUDGES, CIRCUIT COURT JUDGES, AND FAMILY COURT JUDGES,
AND AN ADMINISTRATIVE LAW JUDGE

The Reading Clerk of the House read the following Concurrent Resolution:

S. 174 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 7, 2001, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3,


Printed Page 744 . . . . . Wednesday, February 7, 2001

WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT

Printed Page 745 . . . . . Wednesday, February 7, 2001

FOR THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2001.

Printed Page 746 . . . . . Wednesday, February 7, 2001

The President recognized Senator McConnell, Chairman of the Judicial Merit Selection Commission.

ELECTION OF A COURT OF APPEALS JUDGE, SEAT 3

The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 3.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that M. Duane Shuler had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable M. Duane Shuler was duly elected for the term prescribed by law.

ELECTION OF A COURT OF APPEALS JUDGE, SEAT 4

The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 4.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that C. Tolbert Goolsby, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable C. Tolbert Goolsby, Jr. was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE
FIFTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that J. Ernest Kinard, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.


Printed Page 747 . . . . . Wednesday, February 7, 2001

Whereupon, the PRESIDENT announced that the Honorable J. Ernest Kinard, Jr. was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE
SEVENTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Seventh Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that J. Derham Cole had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Derham Cole was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
FIRST JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, First Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Anne Gué Jones, Randall E. McGee, and Thomas R. Sims.

Senator McConnell stated that Randall E. McGee and Thomas R. Sims had withdrawn their names as candidates. Senator McConnell placed the name of the remaining candidate, Anne Gué Jones, in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Anne Gué Jones was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
SECOND JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Family Court Judge, Second Judicial Circuit, Seat 2.


Printed Page 748 . . . . . Wednesday, February 7, 2001

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Agnes Dale Moore Gable had been screened, found qualified, and placed her name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Agnes Dale Moore Gable was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
THIRD JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Family Court Judge, Third Judicial Circuit, Seat 2.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Marion D. Myers had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Marion D. Myers was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
THIRD JUDICIAL CIRCUIT, SEAT 3

The PRESIDENT announced that nominations were in order for a Family Court Judge, Third Judicial Circuit, Seat 3.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that R. Wright Turbeville had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable R. Wright Turbeville was duly elected for the term prescribed by law.


Printed Page 749 . . . . . Wednesday, February 7, 2001

ELECTION OF A FAMILY COURT JUDGE
FOURTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fourth Judicial Circuit, Seat 2.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Jamie Lee Murdock, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jamie Lee Murdock, Jr. was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
FIFTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 2.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Leslie K. Riddle had been screened, found qualified, and placed her name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Leslie K. Riddle was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
FIFTH JUDICIAL CIRCUIT, SEAT 3

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 3.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Rolly W. Jacobs had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Rolly W. Jacobs was duly elected for the term prescribed by law.


Printed Page 750 . . . . . Wednesday, February 7, 2001

ELECTION OF A FAMILY COURT JUDGE
SIXTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, Sixth Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Brooks P. Goldsmith had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Brooks P. Goldsmith was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
SEVENTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, Seventh Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Georgia V. Anderson had been screened, found qualified, and placed her name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Georgia V. Anderson was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
SEVENTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Family Court Judge, Seventh Judicial Circuit, Seat 2.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that James F. Fraley, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James F. Fraley, Jr. was duly elected for the term prescribed by law.


Printed Page 751 . . . . . Wednesday, February 7, 2001

ELECTION OF A FAMILY COURT JUDGE
EIGHTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, Eighth Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Joseph W. McGowan III had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Joseph W. McGowan III was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
EIGHTH JUDICIAL CIRCUIT, SEAT 3

The PRESIDENT announced that nominations were in order for a Family Court Judge, Eighth Judicial Circuit, Seat 3.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Billy A. Tunstall, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Billy A. Tunstall, Jr. was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
NINTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Family Court Judge, Ninth Judicial Circuit, Seat 2.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Paul W. Garfinkel had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Paul W. Garfinkel was duly elected for the term prescribed by law.


Printed Page 752 . . . . . Wednesday, February 7, 2001

ELECTION OF A FAMILY COURT JUDGE
NINTH JUDICIAL CIRCUIT, SEAT 4

The PRESIDENT announced that nominations were in order for a Family Court Judge, Ninth Judicial Circuit, Seat 4.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Wayne M. Creech had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Wayne M. Creech was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
TENTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, Tenth Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Barry W. Knobel had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Barry W. Knobel was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
TENTH JUDICIAL CIRCUIT, SEAT 3

The PRESIDENT announced that nominations were in order for a Family Court Judge, Tenth Judicial Circuit, Seat 3.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Tommy B. Edwards had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Tommy B. Edwards was duly elected for the term prescribed by law.


Printed Page 753 . . . . . Wednesday, February 7, 2001

ELECTION OF A FAMILY COURT JUDGE
ELEVENTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Family Court Judge, Eleventh Judicial Circuit, Seat 2.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that C. David Sawyer, Jr. had been screened, found qualified, and placed his name in nomination.

Rep. KNOTTS seconded the nomination of C. David Sawyer, Jr.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable C. David Sawyer, Jr. was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
ELEVENTH JUDICIAL CIRCUIT, SEAT 3

The PRESIDENT announced that nominations were in order for a Family Court Judge, Eleventh Judicial Circuit, Seat 3.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Richard W. Chewning III had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Richard W. Chewning III was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
TWELFTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, Twelfth Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Mary E. Buchan had been screened, found qualified, and placed her name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.


Printed Page 754 . . . . . Wednesday, February 7, 2001

Whereupon, the PRESIDENT announced that the Honorable Mary E. Buchan was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
TWELFTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Family Court Judge, Twelfth Judicial Circuit, Seat 2.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that A. Eugene Morehead III had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable A. Eugene Morehead III was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
THIRTEENTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Stephen S. Bartlett had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Stephen S. Bartlett was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
THIRTEENTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 2.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that R. Kinard Johnson, Jr. had been screened, found qualified, and placed his name in nomination.


Printed Page 755 . . . . . Wednesday, February 7, 2001

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable R. Kinard Johnson, Jr. was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
FOURTEENTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fourteenth Judicial Circuit, Seat 1.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Gerald C. Smoak, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Gerald C. Smoak, Jr. was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
FOURTEENTH JUDICIAL CIRCUIT, SEAT 3

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fourteenth Judicial Circuit, Seat 3.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Robert S. Armstrong had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert S. Armstrong was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
FIFTEENTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifteenth Judicial Circuit, Seat 1.


Printed Page 756 . . . . . Wednesday, February 7, 2001

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that H. E. Bonnoitt, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable H. E. Bonnoitt, Jr. was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE
SIXTEENTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Family Court Judge, Sixteenth Judicial Circuit, Seat 2.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Henry T. Woods had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Henry T. Woods was duly elected for the term prescribed by law.

ELECTION OF AN ADMINISTRATIVE LAW JUDGE, SEAT 6

The PRESIDENT announced that nominations were in order for an Administrative Law Judge, Seat 6.

Senator McConnell, Chairman of the Judicial Merit Selection Commission, stated that Ralph King Anderson III had been screened, found qualified, and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ralph King Anderson III was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.


Printed Page 757 . . . . . Wednesday, February 7, 2001

THE HOUSE RESUMES

At 12:30 p.m. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3459 (Word version) -- Reps. Stuart, Cobb-Hunter, Govan, Ott and Sharpe: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE HENRY M. CHAPLIN, CHAIRMAN AND CHIEF EXECUTIVE OFFICER OF THE SILVER SPRINGS WATER DISTRICT IN ORANGEBURG COUNTY, AND THE DISTRICT'S STAFF FOR MAKING MONUMENTAL STRIDES IN PROVIDING CLEAN, SAFE, AND AFFORDABLE WATER TO ITS CLIENTS AND IN THE EXPANSION OF THE DISTRICT'S SERVICE AREA, THEREBY IMPROVING THE ECONOMIC CLIMATE OF THAT PORTION OF ORANGEBURG COUNTY.

H. 3461 (Word version) -- Rep. Stuart: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS OF THE SWANSEA HIGH SCHOOL TIGER BAND FOR WINNING THE 2000 CLASS AA MARCHING BAND STATE CHAMPIONSHIP.

H. 3469 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO COMMEND JAMES MACK, SON OF NINA AND FRANK MACK AND A SENIOR AT HAMMOND SCHOOL IN COLUMBIA, FOR ACHIEVING A PERFECT SCORE OF SIXTEEN HUNDRED ON THE NATIONALLY RENOWNED COLLEGE ENTRANCE EXAMINATION, THE SCHOLASTIC APTITUDE TEST.

H. 3471 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO COMMEND CATHERINE MACK, DAUGHTER OF NINA AND FRANK MACK, AND STUDENT AT HAMMOND SCHOOL IN COLUMBIA, FOR ACHIEVING A PERFECT SCORE OF SIXTEEN HUNDRED ON THE NATIONALLY RENOWNED COLLEGE ENTRANCE EXAMINATION, THE SCHOLASTIC APTITUDE TEST.


Printed Page 758 . . . . . Wednesday, February 7, 2001

H. 3472 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO RECOGNIZE NINA AND FRANK MACK OF SANDY RUN FOR THEIR EXCEPTIONAL JOB AS PARENTS OF JAMES AND CATHERINE MACK WHO BOTH EARNED A PERFECT SCORE OF SIXTEEN HUNDRED ON THE SCHOLASTIC APTITUDE TEST AND TO EXPRESS THE PRIDE OF THE GENERAL ASSEMBLY IN THE ACCOMPLISHMENTS OF THIS FAMILY.

ADJOURNMENT

At 12:35 p.m. the House, in accordance with the motion of Rep. KENNEDY, adjourned in memory of former Representative J. Henry Stuckey of Williamsburg County, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Thursday, June 25, 2009 at 1:09 P.M.