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


Printed Page 759 . . . . . Thursday, February 8, 2001

Thursday, February 8, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our most gracious, kind and loving Heavenly Father, we thank You for the gift of another day. Grant us Your help to live this day and every day with ever thankful hearts, knowing and realizing that all that we have or will ever have is due to Your gracious will. As we live this day we ask that You replace our bitterness with love, exchange our sadness with joy, remove our intolerance and give us compassion. Empower us with patience to make room in our hearts for time to share Your blessings with our fellowman. Lord, we pray that we will humble ourselves to Your will and forgive us of our wrongs. Be ever merciful to us as we go through this day. 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. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of Dr. Kailash Mathur of Orangeburg, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 7, 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. 222:


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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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

REPORTS OF STANDING COMMITTEES

Rep. WALKER, from the Spartanburg Delegation, submitted a favorable report with amendments on:

S. 214 (Word version) -- Senators Reese, Hawkins and Ritchie: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY SO AS TO INCREASE THE NUMBER OF COMMISSIONERS SERVING ON THE INMAN-CAMPOBELLO WATER DISTRICT COMMISSION FROM THREE TO FIVE.
Ordered for consideration tomorrow.

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

H. 3304 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 102, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO REWRITE THE CHAPTER AND ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2001", TO PROVIDE FOR DEFINITIONS AND FOR APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS,


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TO PROVIDE FOR SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, TO PROVIDE FOR THE DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, AND FOR THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, TO PROVIDE FOR WHAT AN AGENCY CONTRACT MUST STATE OR CONTAIN AND FOR A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, TO PROVIDE FOR WHEN AN AGENCY CONTRACT IS VOIDABLE, AND FOR WHEN A STUDENT ATHLETE MAY CANCEL AN AGENCY CONTRACT, TO REQUIRE AN ATHLETE AGENT TO RETAIN CERTAIN RECORDS FOR FIVE YEARS AND PROVIDE FOR THE INSPECTION OF THOSE RECORDS, TO PROVIDE THAT AN ATHLETE AGENT MAY NOT MAKE CERTAIN REPRESENTATIONS OR FURNISH ANYTHING OF VALUE TO STUDENT ATHLETES WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, TO PROVIDE THAT AN EDUCATIONAL INSTITUTION HAS A RIGHT OF ACTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3495 (Word version) -- Rep. Easterday: A HOUSE RESOLUTION TO AMEND RULE 5.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES RELATING TO APPROPRIATIONS BILLS, SO AS TO PROVIDE THAT THE CERTIFICATE REQUIRED FROM THE OFFICE OF STATE BUDGET ON APPROPRIATIONS BILLS THAT TOTAL APPROPRIATIONS DO NOT EXCEED ESTIMATED REVENUES MAY COUNT AS REVENUES ONLY THOSE REVENUES PROVIDED IN THE BILL OR PRODUCED


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FROM REVENUE MEASURES ENACTED AT THE TIME THE CERTIFICATE IS MADE.
The Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The following was introduced:

H. 3496 (Word version) -- Reps. Sharpe, Battle, Bowers, R. Brown, Clyburn, Coates, Emory, Gourdine, Lloyd, Loftis, McLeod, Miller, J. M. Neal, Ott, Perry, Rhoad, Scarborough, D. C. Smith, Stille, Trotter, Webb, Whatley and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 17-24, 2001.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 165 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO RENEW AND INTENSIFY THEIR EFFORTS AND NEGOTIATIONS FOR A FULL ACCOUNTING AND RETURN OF ALL AMERICANS WHO ARE REPORTED AS MISSING IN ACTION OR ARE PRISONERS OF WAR IN ANY MILITARY ACTION RESULTING FROM A WORLD WAR, THE KOREAN WAR, AND ALL OTHER WARS, INCLUDING THE SOUTHEAST ASIAN WAR; AND TO PROVIDE FOR THE GRANTING OF REFUGEE STATUS IN THE UNITED STATES TO THOSE SOUTHEAST ASIAN NATIONALS OF CERTAIN FOREIGN COUNTRIES IN WHICH AMERICAN VIETNAM WAR PRISONERS OF WAR OR SERVICEMEN LISTED AS MISSING IN ACTION MAY BE PRESENT, IF THOSE SOUTHEAST ASIAN NATIONALS ASSIST IN THE RETURN TO THE UNITED STATES


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OF THOSE PRISONERS OF WAR OR THOSE LISTED AS MISSING IN ACTION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 3497 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTION 20-7-2700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING CHILD DAYCARE FACILITIES, SO AS TO REVISE THE DEFINITION OF "FAMILY DAYCARE HOME" TO INCLUDE A FACILITY ATTACHED TO THE RESIDENCE IN WHICH THE DAYCARE OPERATOR RESIDES; AND TO AMEND SECTION 20-7-2850, AS AMENDED, RELATING TO FAMILY DAYCARE REGISTRATION REQUIREMENTS, SO AS TO REQUIRE THE FACILITY USED BY A FAMILY DAYCARE OPERATOR TO COMPLY WITH APPLICABLE HEALTH AND FIRE SAFETY REGULATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3498 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.
Referred to Committee on Judiciary

H. 3499 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY


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WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS.
Referred to Committee on Judiciary

H. 3500 (Word version) -- Reps. Bales and J. Brown: A BILL TO AMEND SECTION 8-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTION FOR INSURANCE PREMIUMS FROM AN EMPLOYEE'S COMPENSATION, SO AS TO INCLUDE PREMIUMS FOR PREPAID LEGAL INSURANCE.
Referred to Committee on Labor, Commerce and Industry

H. 3501 (Word version) -- Rep. Bales: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Referred to Committee on Ways and Means

H. 3502 (Word version) -- Reps. McGee, Askins, Coates, J. Hines and M. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 22 SO AS TO ENACT THE "COOPERATIVE EDUCATIONAL SERVICE CENTERS ACT OF 2001" WHICH AUTHORIZES THE CREATION OF REGIONAL COOPERATIVE EDUCATIONAL SERVICE CENTERS BY TWO OR MORE SCHOOL DISTRICTS OR BY A SCHOOL DISTRICT AND A POST-SECONDARY INSTITUTION FOR PROVIDING INSTRUCTIONAL, ADMINISTRATIVE, AND OTHER SERVICES


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DESIRED BY THE PARTICIPATING SCHOOL DISTRICTS OR INSTITUTIONS.
Referred to Committee on Education and Public Works

H. 3503 (Word version) -- Reps. Wilder, Carnell, Fleming, Klauber and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-146-175 SO AS TO REQUIRE SCHOOL DISTRICTS TO SUBMIT A LONG-RANGE FACILITY MAINTENANCE, REPAIR, AND IMPROVEMENT PLAN TO THE DEPARTMENT OF EDUCATION IN ORDER TO QUALIFY FOR FUNDS UNDER THE STATE SCHOOL FACILITIES BONDS ACT AND TO UPDATE THE PLAN ANNUALLY.
Referred to Committee on Education and Public Works

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.
Referred to Committee on Judiciary

H. 3505 (Word version) -- Rep. Easterday: A BILL TO AMEND ARTICLE 5, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S AUTOMOBILE INSURANCE LAW AND THE SOUTH CAROLINA REINSURANCE FACILITY, DESIGNATED PRODUCERS, AND FACILITY RECOUPMENT CHARGES, BY ADDING SECTION 38-77-627 SO AS TO PROVIDE FOR DISCLOSURE OF ECONOMIC IMPACT BY AN INSURER AS THE RESULT OF A CLAIM BEING FILED BY AN INSURED, THE FORMAL WITHDRAWAL OF A CLAIM BY THE INSURED FOLLOWING RECEIPT OF THE ECONOMIC IMPACT DISCLOSURE, APPROVAL OF FORMS AND THE PROMULGATION OF REGULATIONS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, WAIVER BY THE INSURED OF HIS RIGHTS AND PRIVILEGES IN THIS SECTION, AND AN ADMINISTRATIVE FINE TO BE ASSESSED AGAINST AN INSURER WHICH VIOLATES THIS SECTION.
Referred to Committee on Labor, Commerce and Industry


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H. 3506 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3507 (Word version) -- Reps. Govan, Whipper, Cobb-Hunter, Gourdine and Kennedy: A BILL TO AMEND ARTICLE 3, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-6-185 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COLLECT, CORRELATE, AND MAINTAIN INFORMATION REGARDING TRAFFIC LAW ENFORCEMENT BY OFFICERS OF THE HIGHWAY PATROL, THE STATE POLICE, AND ALL OTHER STATE AND LOCAL LAW ENFORCEMENT AGENCIES AND TO REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT REGARDING COMPLAINTS MADE BY MEMBERS OF THE PUBLIC AGAINST OFFICERS OF THE HIGHWAY PATROL, THE STATE POLICE, AND ALL OTHER STATE AND LOCAL LAW ENFORCEMENT AGENCIES, AND TO REPEAL THE ABOVE PROVISIONS IN 2007.
Referred to Committee on Education and Public Works

H. 3508 (Word version) -- Reps. Allison, Edge, Keegan, Martin, Perry, Rice, Walker, Webb and Wilder: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE AS DEFINED IN CHAPTER 25 OF TITLE 16 MAY NOT BE CONSIDERED FOR THIS PROGRAM.
Referred to Committee on Judiciary

H. 3509 (Word version) -- Reps. Allison, Edge, Freeman, Govan, Hayes, J. Hines, Kelley, Law, Martin, McCraw, Miller, Neilson, Perry, Rice, Riser,


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Sinclair, Stuart, Taylor, Walker and Webb: A BILL TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT THE COURT MAY NOT CHARGE A FEE FOR FILING A COMPLAINT AND MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.
Referred to Committee on Judiciary

H. 3510 (Word version) -- Reps. McLeod, Davenport, Lourie and Scott: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS; AND AMONG OTHER THINGS, TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES AND TO ORGANIZE THESE LICENSES INTO WELL CONSTRUCTION CATEGORIES; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE PERCOLATION TEST TECHNICIAN LICENSURE; TO PROVIDE FOR ADMINISTRATIVE CITATIONS AND PENALTIES FOR UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND


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IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE POWERS OF THE BOARD IN GRANTING LICENSURE TO NONRESIDENTS; AND TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3511 (Word version) -- Reps. Knotts, Keegan, Trotter, Whatley and Witherspoon: A BILL TO AMEND SECTION 12-6-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM FIFTEEN THOUSAND DOLLARS TO TWENTY THOUSAND DOLLARS.
Referred to Committee on Ways and Means

H. 3512 (Word version) -- Reps. Easterday, Barrett, Cotty, Delleney, Hamilton, Keegan, Klauber, Leach, Loftis, Lucas, McGee, Neilson, Quinn, Rice, Robinson, Scarborough, Sinclair, Vaughn and Walker: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO CONSTITUTIONAL RESERVE FUNDS, SO AS TO PROVIDE THAT ONE PURPOSE FOR WHICH CAPITAL RESERVE FUND APPROPRIATIONS MAY BE EXPENDED SHALL BE FOR CAPITAL IMPROVEMENTS OF STATE AGENCIES, DEPARTMENTS, OR INSTITUTIONS ONLY FOR THE ACQUISITION OR IMPROVEMENT OF REAL PROPERTY OR FOR OTHER NONRECURRING EMERGENCY PURPOSES AS A RESULT OF NATURAL DISASTERS OR CATASTROPHES INSTEAD OF FOR GENERAL CAPITAL IMPROVEMENTS AND NONRECURRING PURPOSES.
Referred to Committee on Ways and Means


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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.
Referred to Committee on Ways and Means

H. 3514 (Word version) -- Reps. McLeod, Carnell, Kennedy, Lourie, Neilson, Rivers, Sinclair, Snow, Stuart, Taylor and Wilder: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS IN THE EDUCATION FINANCE ACT AND WEIGHTINGS USED TO PROVIDE RELATIVE COST DIFFERENCES BETWEEN PROGRAMS FOR STUDENTS IN DIFFERENT CLASSIFICATIONS, SO AS TO ADD A WEIGHTING FOR STUDENTS CLASSIFIED AS ENGLISH AS A SECOND LANGUAGE STUDENTS, AND TO PROVIDE A DEFINITION FOR THIS CLASSIFICATION.
Referred to Committee on Ways and Means

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J. M. Neal, Phillips, Rice, Riser, Simrill, D. C. Smith, W. D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT


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SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.
Referred to Committee on Labor, Commerce and Industry

H. 3516 (Word version) -- Rep. Altman: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS


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FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY AND TO PROVIDE EXCEPTIONS.
Rep. ALTMAN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. BREELAND objected.
Referred to Charleston Delegation

HOUSE RESOLUTION

The following was introduced:

H. 3517 (Word version) -- Rep. J. Brown: A HOUSE RESOLUTION TO CONGRATULATE RYAN BAXTER OF COLUMBIA ON THE OCCASION OF HIS RECEIVING THE EAGLE SCOUT AWARD.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3518 (Word version) -- Reps. Wilkins and Townsend: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2001, AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH."

Whereas, in South Carolina, during the last ten years, over five hundred thousand injuries have been reported in highway crashes; and

Whereas, an average of nearly three people a day die in wrecks on highways in South Carolina; and

Whereas, the economic cost to South Carolina due to highway crashes during the last ten years has exceeded seventeen billion dollars; and

Whereas, safe highways are essential to the continued well-being of the citizens of South Carolina and to the future growth and development of the State; and


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Whereas, raising public awareness about highway safety can reduce the number of highway injuries and fatalities and the amount of dollars and property lost in South Carolina. Now, therefore,

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

That the members of the General Assembly, by this resolution, declare the month of May 2001, as "South Carolina Highway Safety Month" throughout the State, encourage public and private agencies, organizations, and individuals to join together to raise public awareness regarding the importance of highway safety, and encourage all South Carolinians to work together to ensure the safety of our citizens on South Carolina's highways.

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

CONCURRENT RESOLUTION

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

H. 3519 (Word version) -- Reps. Cooper, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, 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, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, 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 and J. Young: A CONCURRENT RESOLUTION TO ENDORSE THE NATIONAL PROCLAMATION OF NATIONAL HEART


Printed Page 773 . . . . . Thursday, February 8, 2001

FAILURE AWARENESS WEEK AND TO ENCOURAGE THE DISSEMINATION OF THE TREATMENT GUIDELINES FOR CONGESTIVE HEART FAILURE PUBLISHED BY THE HEART FAILURE SOCIETY OF AMERICA, INC., TO APPROPRIATE HEALTH CARE OFFICIALS IN THE STATE.

Whereas, congestive heart failure is a major United States public health problem that impacts five million Americans or one and one-half percent of the United States population; and

Whereas, each year there are 550,000 new cases of congestive heart failure diagnosed, with 200,000 deaths and one million hospitalizations per year due to the disease; and

Whereas, congestive heart failure is the leading cause of hospitalization in patients over the age of 65; and

Whereas, congestive heart failure patients with the most severe symptoms have approximately a fifty percent one-year survival rate and one-half of all patients with even a mild form of the disease die within five years; and

Whereas, the vast majority of patients are not diagnosed until late in the course of the disease; and

Whereas, a conservative estimate of annual United States health expenditures for congestive heart failure is in excess of ten billion dollars with the largest portion of this expenditure, eight billion dollars, being spent for the cost of hospitalizations; and

Whereas, although current treatment guidelines recommend that approximately eighty percent of heart failure patients receive ACE inhibitors in combination with beta blockers to extend their lives and reduce costly hospitalizations, only forty-five percent of patients are treated with ACE inhibitors and twenty percent of patients receive beta blockers; and

Whereas, the primary goals of "National Heart Failure Awareness Week" are:

(1)   to promote research related to all aspects of heart failure and provide a forum for presentation of that research;


Printed Page 774 . . . . . Thursday, February 8, 2001

(2)   to educate heart failure caregivers and patients through programs, publications, and other media allowing for more effective treatment and diagnosis of heart failure; and

(3)   to enhance the quality and duration of life for those with heart failure. Now, therefore,

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

That the General Assembly of the State of South Carolina endorses the national proclamation of National Heart Failure Awareness Week; and

Be it further resolved that the General Assembly encourages the dissemination of the treatment guidelines for congestive heart failure published by the Heart Failure Society of America, Inc., to appropriate health care officials in the State.

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

HOUSE RESOLUTION

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

H. 3520 (Word version) -- Reps. J. R. Smith, Clyburn, Sharpe, D. C. Smith and Witherspoon: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE NAVAL JUNIOR RESERVE OFFICER TRAINING CORPS DRILL TEAM OF SILVER BLUFF HIGH SCHOOL, ITS MEMBERS, INSTRUCTORS, AND SCHOOL OFFICIALS ON FEBRUARY 14, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAM ON WINNING THE SOUTH CAROLINA STATE DRILL CHAMPIONSHIP MEET.

That the privilege of the floor of the South Carolina House of Representatives be extended to the Naval Junior Reserve Officer Training Corps Drill Team, their instructors, and school officials of Silver Bluff High School on Wednesday, February 14, 2001, at a time


Printed Page 775 . . . . . Thursday, February 8, 2001

to be determined by the Speaker, for the purpose of recognizing and congratulating the team on winning the South Carolina State Drill Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3521 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND THE NAVAL JUNIOR RESERVE OFFICER TRAINING CORPS DRILL TEAM OF SILVER BLUFF HIGH SCHOOL FOR THEIR OUTSTANDING PERFORMANCE IN WINNING THE 2001 SOUTH CAROLINA STATE DRILL MEET AND THE STATE DRILL CHAMPIONSHIP, AND TO CONGRATULATE THE DRILL TEAM MEMBERS, THEIR NAVEL JUNIOR ROTC INSTRUCTORS, SCHOOL OFFICIALS, FACULTY, AND STAFF OF SILVER BLUFF HIGH SCHOOL ON THE OCCASION OF THE SILVER BLUFF HIGH SCHOOL DRILL TEAM WINNING THE STATE DRILL CHAMPIONSHIP FOR THE THIRD YEAR IN A ROW AND BEING SELECTED TO REPRESENT THE NAVAL JUNIOR RESERVE OFFICER TRAINING CORPS AREA SIX IN THE UPCOMING NATIONAL DRILL COMPETITION TO BE HELD IN PENSACOLA, FLORIDA.

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

ROLL CALL

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

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

Printed Page 776 . . . . . Thursday, February 8, 2001

Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Govan                  Harrell                Harrison
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Rivers
Robinson               Rodgers                Rutherford
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Walker                 Webb
Weeks                  Whatley                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, February 8.

Glenn Hamilton                    Tracy Edge
Lewis Vaughn                      Joseph Neal
Alex Harvin                       Larry Koon

Total Present--122


Printed Page 777 . . . . . Thursday, February 8, 2001

DOCTOR OF THE DAY

Announcement was made that Dr. Andrew Pate of Lancaster is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. TALLEY presented to the House the Dorman High School Varsity Football Team, the Dorman High School Ladies Volleyball Team and the Dorman High School Ladies Golf Team, Region II 4-A State Champions, their coaches, trainers and other school officials.

SPECIAL PRESENTATION

Rep. KLAUBER presented to the House the Lander University Men's Tennis Team, NCAA Division II National Men's Tennis Champions, their coach and other school officials.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3462 (Word version)
Date:   ADD:
02/08/01   KENNEDY


Printed Page 778 . . . . . Thursday, February 8, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3417 (Word version)
Date:   ADD:
02/08/01   TRIPP

CO-SPONSOR ADDED

Bill Number:   H. 3481 (Word version)
Date:   ADD:
02/08/01   BOWERS

ORDERED TO THIRD READING

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

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.

S. 264--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TROTTER, with unanimous consent, it was ordered that S. 264 (Word version) be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3270 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING


Printed Page 779 . . . . . Thursday, February 8, 2001

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.

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.

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.

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.


Printed Page 780 . . . . . Thursday, February 8, 2001

H. 3477--DEBATE ADJOURNED

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.
Rep. LOFTIS moved to adjourn debate on the Bill until Tuesday, February 13, which was agreed to by a division vote of 8 to 4.

H. 3124--POINT OF ORDER

The following Bill was taken up:

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 THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.

Rep. BINGHAM explained the Bill.

POINT OF ORDER

Rep. COBB-HUNTER 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. 3303--POINT OF ORDER

The following Bill was taken up:

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


Printed Page 781 . . . . . Thursday, February 8, 2001

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.

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.

H. 3224--POINT OF ORDER

The following Bill was taken up:

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.

POINT OF ORDER

Rep. MCGEE 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. 3259--POINT OF ORDER

The following Bill was taken up:

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.


Printed Page 782 . . . . . Thursday, February 8, 2001

POINT OF ORDER

Rep. MCGEE 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.

S. 115--POINT OF ORDER

The following Bill was taken up:

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.

POINT OF ORDER

Rep. MCGEE 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. 3103--POINT OF ORDER

The following Bill was taken up:

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.


Printed Page 783 . . . . . Thursday, February 8, 2001

POINT OF ORDER

Rep. PERRY 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. 3237--POINT OF ORDER

The following Bill was taken up:

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.

POINT OF ORDER

Rep. BARRETT 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. 3173--POINT OF ORDER

The following Bill was taken up:

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.


Printed Page 784 . . . . . Thursday, February 8, 2001

POINT OF ORDER

Rep. SIMRILL 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.

MOTION PERIOD

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

H. 3360--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill:

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. J.E. SMITH proposed the following Amendment No. 5 (Doc Name COUNCIL\PT\AMEND\1199DW01), which was adopted:
Amend the bill, as and if amended, page 22, by inserting immediately following line 33:

/ "(F)   In addition to the powers conferred upon the director pursuant to the provisions of this chapter, the director or his appointed designee within the department shall examine, on an unannounced basis, not less frequently than every two years the books, records, and other documents maintained pursuant to this section to determine if the broker has substantially complied with this chapter." /


Printed Page 785 . . . . . Thursday, February 8, 2001

Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. TRIPP spoke against the amendment.

Rep. TRIPP moved to table the amendment.

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

Yeas 5; Nays 113

Those who voted in the affirmative are:

Dantzler               Limehouse              Merrill
Scarborough            Tripp

Total--5

Those who voted in the negative are:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Knotts                 Koon
Law                    Leach                  Lee

Printed Page 786 . . . . . Thursday, February 8, 2001

Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Rivers                 Robinson
Rodgers                Rutherford             Sandifer
Scott                  Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Trotter
Vaughn                 Walker                 Webb
Weeks                  Whatley                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--113

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. CATO moved cloture on the entire matter.

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

Yeas 60; Nays 54

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Campsen                Cato
Chellis                Cooper                 Dantzler
Edge                   Fleming                Freeman
Frye                   Gilham                 Hamilton

Printed Page 787 . . . . . Thursday, February 8, 2001

Harrell                Harrison               Harvin
Haskins                Hinson                 Huggins
Keegan                 Kelley                 Knotts
Koon                   Law                    Leach
Limehouse              Loftis                 Martin
Merrill                Neilson                Owens
Quinn                  Rice                   Riser
Rodgers                Sandifer               Scarborough
Sharpe                 Sinclair               Smith, D.C.
Smith, J.R.            Smith, W.D.            Snow
Taylor                 Thompson               Townsend
Trotter                Vaughn                 Walker
Webb                   White                  Wilder
Wilkins                Witherspoon            Young, A.

Total--60

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Brown, G.              Brown, R.              Clyburn
Coates                 Cobb-Hunter            Coleman
Cotty                  Davenport              Delleney
Easterday              Emory                  Gourdine
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Jennings
Kennedy                Kirsh                  Lee
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   McCraw
McGee                  McLeod                 Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Perry                  Phillips               Rivers
Rutherford             Scott                  Sheheen
Simrill                Smith, F.N.            Smith, G.M.
Smith, J.E.            Stille                 Talley
Weeks                  Whatley                Young, J.

Total--54

So, cloture was ordered.


Printed Page 788 . . . . . Thursday, February 8, 2001

SPEAKER IN CHAIR

Rep. J. E. SMITH proposed the following Amendment No. 6 (Doc Name COUNCIL\BBM\AMEND\9872HTC01), which was tabled:
Amend the bill, as and if amended, in Section 40-58-230(D), page 22, by inserting before the /./ on line 22 / and such examinations must be conducted at least every other year /.
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. RIVERS spoke against the Bill.
Rep. RUTHERFORD spoke against the Bill.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. BROWN a leave of absence for the remainder of the day to attend a funeral.

Rep. RUTHERFORD continued speaking.
Rep. CHELLIS spoke in favor of the Bill.
Rep. MACK spoke against the Bill.

Rep. KENNEDY moved that the House do now adjourn.

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

Yeas 39; Nays 72

Those who voted in the affirmative are:

Allen                  Bowers                 Breeland
Brown, G.              Brown, R.              Clyburn
Coates                 Cobb-Hunter            Delleney
Emory                  Freeman                Gilham
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Howard

Printed Page 789 . . . . . Thursday, February 8, 2001

Jennings               Kennedy                Kirsh
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McGee
McLeod                 Moody-Lawrence         Neal, J.H.
Neilson                Ott                    Parks
Perry                  Rivers                 Rutherford
Smith, F.N.            Smith, G.M.            Weeks

Total--39

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Campsen                Cato
Chellis                Coleman                Cotty
Dantzler               Davenport              Easterday
Edge                   Fleming                Frye
Hamilton               Harrell                Harrison
Haskins                Hinson                 Huggins
Keegan                 Kelley                 Knotts
Koon                   Law                    Leach
Limehouse              Loftis                 Martin
McCraw                 Meacham-Richardson     Merrill
Miller                 Neal, J.M.             Owens
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--72

So, the House refused to adjourn.

Rep. MACK continued speaking.


Printed Page 790 . . . . . Thursday, February 8, 2001

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 60; Nays 55

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Campsen                Cato
Chellis                Cooper                 Dantzler
Easterday              Edge                   Fleming
Frye                   Hamilton               Harrell
Harrison               Harvin                 Haskins
Hinson                 Huggins                Keegan
Kelley                 Knotts                 Koon
Law                    Leach                  Limehouse
Loftis                 Lourie                 Martin
Merrill                Miller                 Owens
Quinn                  Rice                   Robinson
Rodgers                Sandifer               Scarborough
Smith, D.C.            Smith, J.E.            Smith, J.R.
Snow                   Stuart                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Webb                   Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--60

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Brown, G.              Brown, R.              Clyburn
Coates                 Cobb-Hunter            Coleman
Cotty                  Davenport              Delleney
Emory                  Freeman                Gilham
Gourdine               Govan                  Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Jennings               Kennedy
Kirsh                  Lee                    Lloyd

Printed Page 791 . . . . . Thursday, February 8, 2001

Lucas                  Mack                   McCraw
McGee                  McLeod                 Meacham-Richardson
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Perry                  Phillips               Riser
Rivers                 Rutherford             Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, F.N.            Smith, G.M.
Smith, W.D.            Stille                 Talley
Weeks

Total--55

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

RECORD FOR VOTING

Had I been present when the vote was taken on H. 3360 I would have voted against the Bill.

Rep. Thomas N. Rhoad

Rep. EASTERDAY 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. 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-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.


Printed Page 792 . . . . . Thursday, February 8, 2001

ADJOURNMENT

At 11:55 a.m. the House, in accordance with the motion of Rep. COBB-HUNTER, adjourned in memory of Dr. Kailash Mathur of Orangeburg, to meet at 10:00 a.m. tomorrow.

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