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

Wednesday, January 9, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rep. LEACH as follows:

Almighty God and Heavenly Father, we praise You for Your goodness to us. We come to You today to ask Your forgiveness and to seek Your direction. Search us, O God, and know our hearts today. Cleanse us from ever sinning and set us free. Guide and bless each of us as we seek to serve our fellowman and our State. Direct us to Your will, as Your word says, "like as a father pitieth his children, so the Lord pitieth them that fear him. For he knoweth our frame; he remembereth that we are dust." Thank You for Your love. We ask these things in the name of Your Son and our Savior. 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. CARNELL moved that when the House adjourns, it adjourn in memory of former Assistant Clerk of the House Mrs. Peggy Macmillan, which was agreed to.

REGULATIONS RECEIVED

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

Document No. 2660
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-71-10
Standards for Licensing Hospices
Received by Speaker of the House of Representatives
January 9, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 8, 2002

Document No. 2657
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-210, 50-3-100, 50-11-10, 50-11-65, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-430, 50-11-500, 50-11-520, 50-11-530, 50-11-854, and 50-11-2200
Seasons, Limits, Methods of Take and Special Use Restrictions on WMA's
Received by Speaker of the House of Representatives
January 9, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 8, 2002

Document No. 2685
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-11-2200, and 50-11-2210
Real Property Owned by the Department
Received by Speaker of the House of Representatives
January 9, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 8, 2002

Document No. 2671
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-50 and 48-1-110
Standards for Wastewater Facility Construction
Received by Speaker of the House of Representatives
January 9, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 8, 2002

Document No. 2661
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-55-10
State Primary Drinking Water
Received by Speaker of the House of Representatives
January 9, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 8, 2002

REGULATION WITHDRAWN

Document No. 2564
Agency: Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-18-710
Accreditation Criteria
Received by Speaker of the House of Representatives
January 23, 2001
Referred to Education and Public Works Committee
Withdrawn January 22, 2001

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 849 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LIEUTENANT RANDY G. GERALD OF LORIS, AN HORRY COUNTY DEPUTY SHERIFF AND SUPERVISOR AT THE J. REUBEN LONG DETENTION CENTER, UPON HIS TRAGIC DEATH ON SATURDAY, DECEMBER 29, 2001, AS A RESULT OF STOPPING TO ASSIST TWO CARS ON HIS WAY HOME AFTER WORK.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 850 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF DOCTOR THOMAS MARION DAVIS OF MANNING ON MONDAY, DECEMBER 10, 2001, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

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

H. 4468 (Word version) -- Reps. Cobb-Hunter, Govan, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION TO COMMEND THE BRAVE MEN AND WOMEN NOW SERVING AND WHO FORMERLY SERVED AS MEMBERS OF ORANGEBURG UNITS OF THE SOUTH CAROLINA NATIONAL GUARD FOR THEIR COMMITMENT, SACRIFICE, AND OUTSTANDING SERVICE TO THEIR COMMUNITY, THE STATE, AND THE NATION AND TO DECLARE SATURDAY, JANUARY 26, 2002, AS "ORANGEBURG NATIONAL GUARD UNIT APPRECIATION DAY".

Whereas, the South Carolina National Guard has been an integral part of the City of Orangeburg and Orangeburg County since their founding; and

Whereas, from the early days of the militia to the present, the City and County of Orangeburg have had a National Guard unit of its own; and

Whereas, numerous civic, business, and governmental leaders have served and continue to serve in the outstanding National Guard units of Orangeburg and the surrounding area; and

Whereas, on January 26, 2002, the South Carolina National Guard is scheduled to host a reunion for the outstanding men and women who have served the Orangeburg community, their State, and the nation so faithfully as members of National Guard units which have called Orangeburg home over the years; and

Whereas, the anticipated program for the reunion of National Guard units of Orangeburg envisions opening the armory to visitation to allow current and former members of the Orangeburg units and their guests to view numerous static displays, to reminisce, renew friendships, and develop new friendships; and

Whereas, the formal program for the reunion will feature Major General Stanhope S. Spears, the Adjutant General of South Carolina, as guest speaker, and brief comments by local dignitaries and community leaders followed by a barbeque dinner served in honor of former and present members of Orangeburg National Guard units. Now, therefore,

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

That the members of the General Assembly, by this resolution, commend the brave men and women now serving and who formerly served as members of Orangeburg units of the South Carolina National Guard for their commitment, sacrifice, and outstanding service to their community, the State, and the nation and declare Saturday, January 26, 2002, as "Orangeburg National Guard Unit Appreciation Day".

Be it further resolved that a copy of this resolution be presented to the commanding officer of the South Carolina National Guard Armory in Orangeburg.

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

INTRODUCTION OF BILLS

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

H. 4469 (Word version) -- Reps. Klauber and Taylor: A JOINT RESOLUTION TO PROVIDE THAT LOCAL SCHOOL BOARDS FOR SCHOOL YEAR 2001-2002 MAY EXCUSE UP TO THREE SCHOOL DAYS MISSED BECAUSE OF SNOW, ICE, OR INCLEMENT WEATHER, TO PROVIDE THAT ALL OTHER SCHOOL DAYS MISSED BECAUSE OF INCLEMENT WEATHER MUST BE MADE UP, AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH SUCH DAYS SHALL BE MADE UP.
Rep. TAYLOR asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. WILDER objected.
Referred to Committee on Education and Public Works

H. 4470 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1095 SO AS TO ESTABLISH THE CRIME OF INTERFERENCE WITH THE OPERATOR OF A PUBLIC TRANSIT VEHICLE AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THIS CRIME; AND BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT CERTAIN MOTOR PROPELLED VEHICLES MUST DISPLAY A NOTICE THAT STATES THAT ANY PERSON WHO ASSAULTS OR HARMS CERTAIN INDIVIDUALS TRAVELING ON THE MOTOR VEHICLE IS GUILTY OF A CRIME.
Referred to Committee on Judiciary

H. 4471 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. CLYBURN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

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.              Carnell                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Hamilton
Harrell                Harrison               Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Lloyd                  Lourie
Lucas                  Mack                   McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Perry
Phillips               Rice                   Riser
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                   Stuart
Talley                 Taylor                 Tripp
Trotter                Vaughn                 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 Wednesday, January 9.

Thomas Rhoad                      Daniel Cooper
Michael Thompson                  Becky Martin
Jackson Whipper                   Harry Stille
Ronald Townsend                   Jerry Govan
Lanny Littlejohn                  Alex Harvin
Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. CAMPSEN a leave of absence for today and tomorrow.

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 8.

DOCTOR OF THE DAY

Announcement was made that Dr. Duren Johnson of Lancaster is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2     Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, 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. 4416 (Word version)
Date:     ADD:
01/09/02     TRIPP

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     COTTY

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     RODGERS

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     LOFTIS

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     FRYE

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     KOON

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     DELLENEY

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     HASKINS

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     HAMILTON

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     CATO

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     EASTERDAY

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     BARFIELD

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     SCARBOROUGH

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     CHELLIS

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     THOMPSON

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     EDGE

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     MERRILL

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     FLEMING

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     STUART

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     COOPER

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     DANTZLER

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     D. C. SMITH

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     SINCLAIR

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     J. YOUNG

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     OWENS

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     WHITE

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     MARTIN

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     HARVIN

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     HARRELL

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     QUINN

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     TROTTER

CO-SPONSOR ADDED

Bill Number:     H. 4408 (Word version)
Date:     ADD:
01/09/02     BARRETT

CO-SPONSOR ADDED

Bill Number:     H. 4399 (Word version)
Date:     ADD:
01/09/02     BARRETT

CO-SPONSOR ADDED

Bill Number:     H. 4395 (Word version)
Date:     ADD:
01/09/02     BARRETT

CO-SPONSOR ADDED

Bill Number:     H. 4393 (Word version)
Date:     ADD:
01/09/02     BARRETT

CO-SPONSOR ADDED

Bill Number:     H. 4420 (Word version)
Date:     ADD:
01/09/02     CATO

CO-SPONSOR ADDED

Bill Number:     H. 4382 (Word version)
Date:     ADD:
01/09/02     CATO

CO-SPONSOR ADDED

Bill Number:     H. 4407 (Word version)
Date:     ADD:
01/09/02     CATO

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     HUGGINS

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     MILLER

CO-SPONSOR ADDED

Bill Number:     H. 4416 (Word version)
Date:     ADD:
01/09/02     BATTLE

CO-SPONSOR ADDED

Bill Number:     H. 4431 (Word version)
Date:     ADD:
01/09/02     GILHAM

CO-SPONSOR ADDED

Bill Number:     H. 4413 (Word version)
Date:     ADD:
01/09/02     GILHAM

CO-SPONSOR ADDED

Bill Number:     H. 4418 (Word version)
Date:     ADD:
01/09/02     GILHAM

CO-SPONSOR ADDED

Bill Number:     H. 4419 (Word version)
Date:     ADD:
01/09/02     GILHAM

CO-SPONSOR ADDED

Bill Number:     H. 4393 (Word version)
Date:     ADD:
01/09/02     GILHAM

CO-SPONSOR ADDED

Bill Number:     H. 4402 (Word version)
Date:     ADD:
01/09/02     LEACH

CO-SPONSOR REMOVED

Bill Number:     H. 3115 (Word version)
Date:     REMOVE:
01/09/02     A. YOUNG

SENT TO THE SENATE

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

H. 4351 (Word version) -- Rep. Fleming: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE UNION COUNTY SCHOOL DISTRICT ARE ELECTED.

H. 4304 (Word version) -- Reps. Talley, Allison and Lourie: A JOINT RESOLUTION TO DESIGNATE THE WEEK OF FEBRUARY 11-15, 2002, AS "SOUTH CAROLINA CAREER AND TECHNOLOGY EDUCATION WEEK".

ORDERED TO THIRD READING

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

H. 4467 (Word version) -- Reps. J. R. Smith, Clyburn, Perry and D. C. Smith: A JOINT RESOLUTION TO PROVIDE THAT UP TO FOUR DAYS MISSED DURING THE 2001-2002 SCHOOL YEAR BY THE STUDENTS OF ANY SCHOOL IN THE SCHOOL DISTRICTS OF AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

ORDERED ENROLLED FOR RATIFICATION

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

S. 773 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.

S. 511--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, January 15, which was adopted:

S. 511 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO REQUIRE A SUBSTANTIVE QUALITY REVIEW IN EACH COUNTY EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, AND TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED.

H. 4464--RECALLED FROM FLORENCE DELEGATION

On motion of Rep. COATES, with unanimous consent, the following Bill was ordered recalled from the Florence Delegation:

H. 4464 (Word version) -- Reps. McGee, Coates, M. Hines, J. Hines and Askins: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY TO ADJUST THE SCHOOL DISTRICT'S TAX MILLAGE FOR THE 2002-2003 SCHOOL YEAR TO OFFSET THE MIDYEAR BUDGET CUTS MANDATED BY THE BUDGET AND CONTROL BOARD OF THE STATE OF SOUTH CAROLINA FOR THE SCHOOL DISTRICT DURING THE 2001-2002 SCHOOL YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR SHALL LEVY THE MILLAGE UPON ALL PROPERTY WITHIN THE SCHOOL DISTRICT, AND THE COUNTY TREASURER SHALL COLLECT THE TAXES LEVIED AND DISBURSE THE FUNDS.

H. 4392--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

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

H. 4392 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM.

H. 4404--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

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

H. 4404 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 59-53-52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF AREA TECHNICAL EDUCATION COMMISSIONS, SO AS TO REVISE THE MANNER OF EMPLOYMENT AND THE EMPLOYMENT RELATION OF AREA TECHNICAL COLLEGE PRESIDENTS.

S. 718--DEBATE ADJOURNED

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

S. 718 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.

Rep. J. R. SMITH moved to adjourn debate upon the Senate Amendments until Tuesday, January 15, which was agreed to.

H. 3477--DEBATE ADJOURNED

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

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. VAUGHN moved to adjourn debate upon the Senate Amendments until Thursday, January 10, which was agreed to.

MOTION PERIOD

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

S. 297--DEBATE ADJOURNED

Rep. J. R. SMITH moved to adjourn debate upon the following Bill until Wednesday, January 30, which was adopted:

S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.

H. 3093--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, January 10, which was adopted:

H. 3093 (Word version) -- Reps. Campsen, Harrison, Altman, Simrill, Owens, Robinson, Easterday and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OR DEPARTMENT OF THE STATE FROM PROVIDING CONDOMS OR OTHER CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, FROM DISTRIBUTING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.

H. 4052--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, January 15, which was adopted:

H. 4052 (Word version) -- Reps. Wilkins, Harrell, J. R. Smith and Robinson: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 4472 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 20-7-473, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARITAL AND NONMARITAL PROPERTY FOR PURPOSES OF JUDICIAL APPORTIONMENT DURING MARITAL LITIGATION, SO AS TO INCLUDE AS NONMARITAL PROPERTY ANY PROPERTY THAT IS NEITHER ACQUIRED WITH MARITAL FUNDS NOR TITLED IN THE NAME OF ONE OR THE OTHER SPOUSE, OR BOTH OF THEM, AND TO PROVIDE THAT THE PROPERTY MAY NOT BE APPORTIONED PERMANENTLY OR TEMPORARILY, NOR TRANSMUTED INTO MARITAL PROPERTY FOR ANY PURPOSE.
Referred to Committee on Judiciary

H. 4475 (Word version) -- Reps. Harrison, Lucas, Allison, Jennings, Lourie, Rodgers, J. E. Smith and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-210 SO AS TO REQUIRE ALL STATE BOARDS AND COMMISSIONS TO PROVIDE PROMPT WRITTEN NOTIFICATION OF ALL MEMBERSHIP CHANGES TO THE SECRETARY OF STATE AND TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN FOR PUBLIC INSPECTION A RECORD OF THE CURRENT MEMBERSHIP OF EVERY STATE BOARD AND COMMISSION.
Referred to Committee on Judiciary

H. 4476 (Word version) -- Reps. Harrison, Wilkins, Campsen and Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO GAMBLE MONEY, PROPERTY, OR ANYTHING OF VALUE UPON CERTAIN CONTESTS, GAMES, OR FUTURE EVENTS IN THIS STATE OR AT ANY LOCATION WITHIN THE JURISDICTION OF THIS STATE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON KNOWINGLY TO OWN, KEEP, OPERATE, MANAGE, OR MAINTAIN A DEVICE OR LOCATION THAT IS USED FOR UNLAWFUL GAMBLING AS PROHIBITED ABOVE, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

The following was introduced:

H. 4473 (Word version) -- Reps. Scarborough, Altman, Harrell, Limehouse, Allen, Allison, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, 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, 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 EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON LEARNING OF THE DEATH OF FREDERICK "FRED" STROMAN MCKAY OF MOUNT PLEASANT, SOUTH CAROLINA, AND EXTENDING THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4474 (Word version) -- Reps. Scarborough, Campsen, Limehouse, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, 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, 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 CONGRATULATING KATHLEEN WILSON OF CHARLESTON COUNTY ON BECOMING THE FIRST SOUTH CAROLINIAN TO SWIM THE ENGLISH CHANNEL.

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

REPORT OF STANDING COMMITTEE

Rep. KELLEY, from the Committee on Rules, submitted a favorable report on:

H. 4466 (Word version) -- Reps. Wilkins and Kelley: A HOUSE RESOLUTION TO AMEND RULE 4.7 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE CONTENTS AND REQUIREMENTS OF THE REPORT OF A COMMITTEE, SO AS TO AUTHORIZE A COMMITTEE TO INCLUDE IN ITS REPORT OF A SENATE BILL AN AMENDMENT IDENTICAL TO THE FINAL VERSION OF ANY HOUSE BILL THAT HAS BEEN REFERRED TO THAT COMMITTEE AND PASSED BY THE HOUSE DURING THE CURRENT TWO-YEAR SESSION AND TO CONSIDER THAT AMENDMENT GERMANE TO THE BILL; TO AMEND RULE 9.3, RELATING TO THE PROHIBITION OF MAKING A MOTION OR PROPOSITION ON A SUBJECT DIFFERENT FROM THAT UNDER CONSIDERATION UNDER COLOR OF AMENDMENT UNLESS IT REFERS TO THE INTENT OF THE MOTION OR PROPOSITION UNDER CONSIDERATION, SO AS TO PROVIDE THAT NOTHING IN THIS RULE SHALL PREVENT A COMMITTEE FROM AMENDING AND FAVORABLY REPORTING A SENATE BILL WITH AN AMENDMENT IDENTICAL TO THE FINAL VERSION OF A HOUSE BILL THAT WAS REFERRED TO THAT COMMITTEE AND PASSED BY THE HOUSE DURING THE CURRENT TWO-YEAR SESSION; TO AMEND RULE 8.6, RELATING TO INVOKING THE PREVIOUS QUESTION, SO AS TO PROVIDE THAT A MOTION TO ADJOURN DEBATE IS IN ORDER EVEN WHEN THE PREVIOUS QUESTION HAS BEEN INVOKED; AND TO AMEND RULE 6.1, RELATING TO MEETINGS OF THE HOUSE, SO AS TO PROVIDE THAT DURING THE FIRST THREE WEEKS OF THE FIRST YEAR OF A LEGISLATIVE SESSION THE HOUSE SHALL MEET AT 2:00 P.M. AND PROVIDE THIS AMENDMENT IS EFFECTIVE AFTER JANUARY 16, 2002.

Be it resolved by the House of Representatives:

(1)     That Rule 4.7 of the Rules of the House is amended to read:

"4.7     a.     Each report of a committee shall contain the action of the committee on the bill or other measure being transmitted. Such report shall certify the action by the committee and shall be signed by an officer of the committee.

b.     When reporting a Senate bill as favorable, the committee may include in its report an amendment identical to the final version of any House bill that has been referred to that committee and passed by the House during the current two-year session. If the amendment is identical to a previously passed House bill, the amendment must be considered germane to the bill."

(2)     That Rule 9.3 of the Rules of the House is amended to read:

"9.3     No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment unless it refers to the intent of the motion or proposition under consideration. Provided, that nothing in this rule shall prevent a committee from amending and favorably reporting a Senate bill with an amendment identical to the final version of a House bill that was referred to that committee and passed by the House during the current two-year session. Provided, further, that nothing shall prevent the adoption of an amendment which rewrites the bill in its entirety if the bill as rewritten remains germane to the original title of the bill. Provided, further, that in determining whether or not any amendment be germane, the Speaker of the House of Representatives shall be guided by precedents of the House of Representatives to the extent available."

(3)     That Rule 8.6 of the Rules of the House is amended to read:

"8.6     The previous question upon any matter may be invoked as follows:

Upon an affirmative vote on a motion for the previous question (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate and a simple majority vote at all other times), the amendments then upon the desk shall be considered, but no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor. The proponents of an amendment shall be allowed an opportunity to make a short explanation of his amendment for a period not to exceed three minutes, then opponents to the amendment shall be permitted not more than three minutes to oppose the proposed amendment. Then two hours of debate shall be allowed on the bill, the time being equally divided between opponents and proponents with no person to speak more than ten minutes.

Provided, a motion to adjourn debate shall be in order even though the previous question has been invoked.

Provided, further, any member who has been recognized by the Speaker and is speaking from the podium, is considered to be debating the issue and a call for the previous question, whether by the member or any other member, requires the necessary fifty percent of those present and voting plus five."

(4)(a)     That Rule 6.1 of the Rules of the House is amended to read:

"6.1     The House shall meet each legislative day at 12:00 Noon every Tuesday, 10:00 a.m. every Wednesday, and 10:00 a.m. every Thursday and Friday unless otherwise ordered by the House. Provided, that by motion made at any time the House by majority vote may fix the day and hour at which time the House shall next meet (not to exceed constitutional limitations) and this shall be decided without debate.

Provided, further, that during the first three weeks of the first year of a legislative sessions, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held.

Provided, further, that unless ordered otherwise the House shall consider only local uncontested matters on Friday of each week."

(b)     The provisions of this item are effective after January 16, 2002.

H. 4466--ADOPTED

On motion of Rep. KELLEY, the following House Resolution was taken up for immediate consideration:

H. 4466 (Word version) -- Reps. Wilkins and Kelley: A HOUSE RESOLUTION TO AMEND RULE 4.7 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE CONTENTS AND REQUIREMENTS OF THE REPORT OF A COMMITTEE, SO AS TO AUTHORIZE A COMMITTEE TO INCLUDE IN ITS REPORT OF A SENATE BILL AN AMENDMENT IDENTICAL TO THE FINAL VERSION OF ANY HOUSE BILL THAT HAS BEEN REFERRED TO THAT COMMITTEE AND PASSED BY THE HOUSE DURING THE CURRENT TWO-YEAR SESSION AND TO CONSIDER THAT AMENDMENT GERMANE TO THE BILL; TO AMEND RULE 9.3, RELATING TO THE PROHIBITION OF MAKING A MOTION OR PROPOSITION ON A SUBJECT DIFFERENT FROM THAT UNDER CONSIDERATION UNDER COLOR OF AMENDMENT UNLESS IT REFERS TO THE INTENT OF THE MOTION OR PROPOSITION UNDER CONSIDERATION, SO AS TO PROVIDE THAT NOTHING IN THIS RULE SHALL PREVENT A COMMITTEE FROM AMENDING AND FAVORABLY REPORTING A SENATE BILL WITH AN AMENDMENT IDENTICAL TO THE FINAL VERSION OF A HOUSE BILL THAT WAS REFERRED TO THAT COMMITTEE AND PASSED BY THE HOUSE DURING THE CURRENT TWO-YEAR SESSION; TO AMEND RULE 8.6, RELATING TO INVOKING THE PREVIOUS QUESTION, SO AS TO PROVIDE THAT A MOTION TO ADJOURN DEBATE IS IN ORDER EVEN WHEN THE PREVIOUS QUESTION HAS BEEN INVOKED; AND TO AMEND RULE 6.1, RELATING TO MEETINGS OF THE HOUSE, SO AS TO PROVIDE THAT DURING THE FIRST THREE WEEKS OF THE FIRST YEAR OF A LEGISLATIVE SESSION THE HOUSE SHALL MEET AT 2:00 P.M. AND PROVIDE THIS AMENDMENT IS EFFECTIVE AFTER JANUARY 16, 2002.

Be it resolved by the House of Representatives:

(1)     That Rule 4.7 of the Rules of the House is amended to read:

"4.7     a.     Each report of a committee shall contain the action of the committee on the bill or other measure being transmitted. Such report shall certify the action by the committee and shall be signed by an officer of the committee.

b.     When reporting a Senate bill as favorable, the committee may include in its report an amendment identical to the final version of any House bill that has been referred to that committee and passed by the House during the current two-year session. If the amendment is identical to a previously passed House bill, the amendment must be considered germane to the bill."

(2)     That Rule 9.3 of the Rules of the House is amended to read:

"9.3     No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment unless it refers to the intent of the motion or proposition under consideration. Provided, that nothing in this rule shall prevent a committee from amending and favorably reporting a Senate bill with an amendment identical to the final version of a House bill that was referred to that committee and passed by the House during the current two-year session. Provided, further, that nothing shall prevent the adoption of an amendment which rewrites the bill in its entirety if the bill as rewritten remains germane to the original title of the bill. Provided, further, that in determining whether or not any amendment be germane, the Speaker of the House of Representatives shall be guided by precedents of the House of Representatives to the extent available."

(3)     That Rule 8.6 of the Rules of the House is amended to read:

"8.6     The previous question upon any matter may be invoked as follows:

Upon an affirmative vote on a motion for the previous question (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate and a simple majority vote at all other times), the amendments then upon the desk shall be considered, but no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor. The proponents of an amendment shall be allowed an opportunity to make a short explanation of his amendment for a period not to exceed three minutes, then opponents to the amendment shall be permitted not more than three minutes to oppose the proposed amendment. Then two hours of debate shall be allowed on the bill, the time being equally divided between opponents and proponents with no person to speak more than ten minutes.

Provided, a motion to adjourn debate shall be in order even though the previous question has been invoked.

Provided, further, any member who has been recognized by the Speaker and is speaking from the podium, is considered to be debating the issue and a call for the previous question, whether by the member or any other member, requires the necessary fifty percent of those present and voting plus five."

(4)(a)     That Rule 6.1 of the Rules of the House is amended to read:

"6.1     The House shall meet each legislative day at 12:00 Noon every Tuesday, 10:00 a.m. every Wednesday, and 10:00 a.m. every Thursday and Friday unless otherwise ordered by the House. Provided, that by motion made at any time the House by majority vote may fix the day and hour at which time the House shall next meet (not to exceed constitutional limitations) and this shall be decided without debate.

Provided, further, that during the first three weeks of the first year of a legislative sessions, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held.

Provided, further, that unless ordered otherwise the House shall consider only local uncontested matters on Friday of each week."

(b)     The provisions of this item are effective after January 16, 2002.

Rep. KELLEY explained the Resolution.
Rep. JENNINGS spoke against the Resolution.
Rep. W. D. SMITH spoke in favor of the Resolution.

Rep. KIRSH moved to divide the question, which was agreed to.

QUESTION 1-- ADOPTED

(1)     That Rule 4.7 of the Rules of the House is amended to read:

"4.7     a.     Each report of a committee shall contain the action of the committee on the bill or other measure being transmitted. Such report shall certify the action by the committee and shall be signed by an officer of the committee.

b.     When reporting a Senate bill as favorable, the committee may include in its report an amendment identical to the final version of any House bill that has been referred to that committee and passed by the House during the current two-year session. If the amendment is identical to a previously passed House bill, the amendment must be considered germane to the bill."

(2)     That Rule 9.3 of the Rules of the House is amended to read:

"9.3     No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment unless it refers to the intent of the motion or proposition under consideration. Provided, that nothing in this rule shall prevent a committee from amending and favorably reporting a Senate bill with an amendment identical to the final version of a House bill that was referred to that committee and passed by the House during the current two-year session. Provided, further, that nothing shall prevent the adoption of an amendment which rewrites the bill in its entirety if the bill as rewritten remains germane to the original title of the bill. Provided, further, that in determining whether or not any amendment be germane, the Speaker of the House of Representatives shall be guided by precedents of the House of Representatives to the extent available."

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

Yeas 70; Nays 42

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Brown, J.
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Easterday              Edge                   Fleming
Frye                   Gilham                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 McGee
Meacham-Richardson     Merrill                Neilson
Owens                  Perry                  Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--70

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, R.              Carnell                Clyburn
Coleman                Emory                  Freeman
Gourdine               Govan                  Hayes
Hines, J.              Hines, M.              Hosey
Jennings               Kennedy                Kirsh
Lee                    Lloyd                  Lourie
Mack                   McCraw                 McLeod
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Phillips
Rutherford             Scott                  Sheheen
Smith, J.E.            Snow                   Weeks
Whatley                Whipper                Wilder

Total--42

So, the question was adopted.

QUESTION 2-- ADOPTED

(3)     That Rule 8.6 of the Rules of the House is amended to read:

"8.6     The previous question upon any matter may be invoked as follows:

Upon an affirmative vote on a motion for the previous question (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate and a simple majority vote at all other times), the amendments then upon the desk shall be considered, but no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor. The proponents of an amendment shall be allowed an opportunity to make a short explanation of his amendment for a period not to exceed three minutes, then opponents to the amendment shall be permitted not more than three minutes to oppose the proposed amendment. Then two hours of debate shall be allowed on the bill, the time being equally divided between opponents and proponents with no person to speak more than ten minutes.

Provided, a motion to adjourn debate shall be in order even though the previous question has been invoked.

Provided, further, any member who has been recognized by the Speaker and is speaking from the podium, is considered to be debating the issue and a call for the previous question, whether by the member or any other member, requires the necessary fifty percent of those present and voting plus five."

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

Yeas 73; Nays 38

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Brown, J.
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Fleming                Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Loftis                 Lucas                  Martin
McGee                  Meacham-Richardson     Merrill
Neilson                Owens                  Perry
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Stille
Stuart                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Total--73

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, R.
Clyburn                Coleman                Emory
Freeman                Gourdine               Govan
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Kennedy
Lee                    Lloyd                  Lourie
Mack                   McCraw                 McLeod
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Phillips
Rutherford             Scott                  Sheheen
Smith, F.N.            Smith, J.E.            Snow
Weeks                  Whipper

Total--38

So, the question was adopted.

QUESTION 3-- ADOPTED

(4)(a)     That Rule 6.1 of the Rules of the House is amended to read:

"6.1     The House shall meet each legislative day at 12:00 Noon every Tuesday, 10:00 a.m. every Wednesday, and 10:00 a.m. every Thursday and Friday unless otherwise ordered by the House. Provided, that by motion made at any time the House by majority vote may fix the day and hour at which time the House shall next meet (not to exceed constitutional limitations) and this shall be decided without debate.

Provided, further, that during the first three weeks of the first year of a legislative sessions, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held.

Provided, further, that unless ordered otherwise the House shall consider only local uncontested matters on Friday of each week."

(b)     The provisions of this item are effective after January 16, 2002.

The question was adopted.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4477 (Word version) -- Reps. Lourie, Cotty, Bales, J. Brown, Harrison, Howard, J. H. Neal, Quinn, Rutherford, Scott, J. E. Smith, Allen, Allison, Altman, Askins, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. 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 CONGRATULATING DR. STEPHEN W. HEFNER OF RICHLAND SCHOOL DISTRICT TWO FOR BEING NAMED THE SOUTH CAROLINA SUPERINTENDENT OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS AND EXTENDING SINCERE APPRECIATION FOR HIS OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4478 (Word version) -- Rep. Merrill: A CONCURRENT RESOLUTION CONGRATULATING PAUL CONWAY OF THE CHARLESTON BATTERY SOCCER TEAM ON BEING NAMED THE 2001 A-LEAGUE MOST VALUABLE PLAYER.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4479 (Word version) -- Reps. Weeks, G. M. Smith and J. H. Neal: A CONCURRENT RESOLUTION TO COMMEND MRS. WILHELMENIA DENNIS SCOTT OF SUMTER COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE TO THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE AND TO CONGRATULATE HER FOR BEING NAMED ITS 2001 HUMANITARIAN OF THE YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4480 (Word version) -- Reps. Weeks, G. M. Smith and J. H. Neal: A CONCURRENT RESOLUTION TO RECOGNIZE MR. JOHNNY PRINGLE, JR. OF SUMTER COUNTY FOR HIS ENTHUSIASM IN BETTERING THE LIVES OF SUMTER COUNTY RESIDENTS AND HIS DEDICATION TO THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, AND TO HONOR HIM FOR BEING NAMED ITS 2001 HUMANITARIAN OF THE YEAR.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4481 (Word version) -- Reps. Keegan, Neilson and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-395 SO AS TO PROVIDE THAT WHEN ANY PERSON IS ACTIVATED FOR FULL-TIME MILITARY SERVICE DURING A TIME OF NATIONAL CRISIS AND THEREFORE IS REQUIRED TO CEASE ATTENDING A PUBLIC INSTITUTION OF HIGHER LEARNING WITHOUT COMPLETING AND RECEIVING A GRADE IN ONE OR MORE COURSES, THE TUITION AND FEES PAID BY THAT STUDENT TO THE INSTITUTION FOR THE SEMESTER OR QUARTER IS REQUIRED TO BE REFUNDED TO THE STUDENT, TO PROVIDE FOR PROPORTIONATE REFUNDS OF ROOM AND BOARD AND OTHER FEES, AND TO PROVIDE FOR OTHER DESIGNATED ASSISTANCE, INCLUDING FREE TUITION WITHIN A PERIOD OF TWO YEARS FOLLOWING DEACTIVATION TO COMPLETE THESE COURSES.
Referred to Committee on Ways and Means

Rep. FLEMING 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. 4477 (Word version) -- Reps. Lourie, Cotty, Bales, J. Brown, Harrison, Howard, J. H. Neal, Quinn, Rutherford, Scott, J. E. Smith, Allen, Allison, Altman, Askins, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. 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 CONGRATULATING DR. STEPHEN W. HEFNER OF RICHLAND SCHOOL DISTRICT TWO FOR BEING NAMED THE SOUTH CAROLINA SUPERINTENDENT OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS AND EXTENDING SINCERE APPRECIATION FOR HIS OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.

H. 4448 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, 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 EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. LOMAS GIST, SR. OF COLUMBIA ON THE OCCASION OF HIS UPCOMING EIGHTIETH BIRTHDAY AND WISHING FOR HIM MANY HAPPY AND HEALTHY RETURNS OF THE DAY.

H. 4449 (Word version) -- Reps. Wilkins, 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, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, 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, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND WILLIAM BARNET III OF SPARTANBURG, FOR HIS OUTSTANDING CONTRIBUTIONS TO BUSINESS, THE TEXTILE INDUSTRY, CIVIL AFFAIRS, AND EDUCATION IN SOUTH CAROLINA, AND ESPECIALLY FOR HIS LEADERSHIP AND CONTRIBUTION TO EDUCATION AS CHAIRMAN OF THE EDUCATION OVERSIGHT COMMITTEE, AND TO EXTEND TO HIM EVERY GOOD WISH IN ALL OF HIS FUTURE ENDEAVORS AND AS MAYOR OF SPARTANBURG.

H. 4450 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Cato, Harrell and Quinn: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING CONTRIBUTIONS OF PRESIDENT RONALD WILSON REAGAN TO HIS COUNTRY AND THE CAUSE OF FREEDOM DURING TWO TERMS AS PRESIDENT OF THE UNITED STATES AND DECLARE FEBRUARY 6, 2002, AND EACH SUBSEQUENT YEARLY ANNIVERSARY OF FEBRUARY SIXTH THEREAFTER, AS "RONALD REAGAN DAY" IN SOUTH CAROLINA.

H. 4451 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DELORIS C. WILMORE OF CHESTER COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE AND VITAL CONTRIBUTIONS AS AN EMPLOYEE OF THE DEPARTMENT OF SOCIAL SERVICES ON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN THE YEARS TO COME.

H. 4452 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE GLENDA H. REEVES OF CHESTER COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE AS A DILIGENT AND EFFECTIVE EMPLOYEE OF THE DEPARTMENT OF SOCIAL SERVICES ON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN THE YEARS TO COME.

H. 4453 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO COMMEND DR. PETER GEORGE MANOS OF GREENVILLE COUNTY FOR HIS MANY YEARS OF FAITHFUL AND TIRELESS WORK IN THE FIELD OF MEDICINE AND FOR HIS HUMANITARIAN SERVICE TO HIS COUNTRY, THE STATE OF SOUTH CAROLINA, AND HIS COMMUNITY.

H. 4462 (Word version) -- Reps. Limehouse, 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, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, 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 CONGRATULATING THE GAMECOCK FOOTBALL TEAM OF THE UNIVERSITY OF SOUTH CAROLINA AND HEAD COACH LOU HOLTZ AND HIS COACHING STAFF ON WINNING THE 2002 OUTBACK BOWL IN TAMPA, FLORIDA, AND COMMENDING THE TEAM AND COACHES FOR THEIR OTHER SUCCESSES.

ADJOURNMENT

At 3:45 p.m. the House, in accordance with the motion of Rep. CARNELL, adjourned in memory of former Assistant Clerk of the House Mrs. Peggy Macmillan, to meet at 10:00 a.m. tomorrow.

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