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


Printed Page 1025 . . . . . Thursday, February 22, 2001

Thursday, February 22, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

O Lord our God, shed the light of Your wisdom upon these in their places of responsibility and decision. As we meet problems, may we be guided in solution not by whether it is popular, but by whether it is right. When we are wrong, may we be willing to change; when we are right, make us easy to get along with. Strip from our hearts any bitterness that may lie there, and any resentment that corrodes and curdles our peace. Remove our stubborn pride that keeps us from acknowledging our faults and makes us unwilling to open our minds to others. Lead us in this our prayer, O Lord, and answer us in keeping with Your knowledge of our needs. 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. RICE moved that when the House adjourns, it adjourn in memory of Mark Anthony Riddle of Easley, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 22, 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. 176:

S. 176 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RAY G. SMITH, TO ADDRESS THE


Printed Page 1026 . . . . . Thursday, February 22, 2001

GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 27, 2001.

Very respectfully,
President
Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 3379 (Word version) -- Rep. J. Brown: A JOINT RESOLUTION TO ESTABLISH THE NEWBORN EYE SCREENING TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING SCREENING NEWBORN CHILDREN FOR CERTAIN OCULAR DISEASES AND ABNORMALITIES.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3174 (Word version) -- Reps. Wilkins, Coates, Davenport, Vaughn, Whatley, Simrill, Altman, Robinson, Owens, Gilham and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH "SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK" EACH YEAR TO RECOGNIZE AND BRING ATTENTION TO THE MANY FAMILIES IN SOUTH CAROLINA WHO EDUCATE THEIR CHILDREN AT HOME AS PROVIDED BY LAW, AND TO PROVIDE THAT ALL HOME SCHOOL STUDENTS IN THIS STATE AND THEIR PARENTS, GUARDIANS, AND TEACHERS SHALL BE ADMITTED WITHOUT CHARGE TO ALL PARKS, MUSEUMS, SCIENCE CENTERS, PLANETARIUMS, AND EDUCATIONAL FACILITIES OWNED BY OR UNDER THE CONTROL OF ANY STATE AGENCY, DEPARTMENT, OR INSTITUTION WHICH CHARGES A FEE FOR ADMISSION IN ORDER TO FURTHER THE EDUCATIONAL OPPORTUNITIES OF HOME SCHOOL STUDENTS.
Ordered for consideration tomorrow.


Printed Page 1027 . . . . . Thursday, February 22, 2001

HOUSE RESOLUTION

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

H. 3615 (Word version) -- Reps. Webb and Leach: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO PRESIDENT JAMES F. BARKER AND OTHER OFFICIALS OF CLEMSON UNIVERSITY ON WEDNESDAY, MARCH 7, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE RECENT ANNOUNCEMENT BY TIME MAGAZINE NAMING CLEMSON UNIVERSITY THE "PUBLIC COLLEGE OF THE YEAR"; AND KIPLINGER'S MAGAZINE RANKING CLEMSON UNIVERSITY THE BEST VALUE IN SOUTH CAROLINA'S PUBLIC COLLEGES AND TWENTY-FIRST AMONG THE TOP ONE HUNDRED BEST VALUES IN PUBLIC COLLEGES NATIONALLY.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to President James F. Barker and other officials of Clemson University on Wednesday, March 7, 2001, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on the recent announcement by Time Magazine naming Clemson University the "Public College of the Year"; and Kiplinger's Magazine ranking Clemson University the best value in South Carolina's public colleges and twenty-first among the top one hundred best values in public colleges nationally.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3616 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO


Printed Page 1028 . . . . . Thursday, February 22, 2001

OFFICIAL IDENTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3617 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2550, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3618 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 40-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO FURTHER SPECIFY DUTIES OF CONSTRUCTION MANAGERS AND TO REVISE AND ADD VARIOUS DEFINITIONS; TO AMEND SECTION 40-11-50, AS AMENDED, RELATING TO CONTRACTOR LICENSE FEES, SO AS TO ELIMINATE AND REVISE CERTAIN FEES; TO AMEND SECTION 40-11-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION, SO AS TO ALSO APPLY THESE GROUNDS TO CONSTRUCTION MANAGER REGISTRANTS; TO AMEND 40-11-120, AS AMENDED, RELATING TO THE SCOPE AND AUTHORITY OF THE BOARD TO IMPOSE SANCTIONS, SO AS TO FURTHER PROVIDE FOR DISCIPLINARY ACTION AGAINST A CONTRACTOR WHO IS DISCIPLINED IN ANOTHER STATE; TO AMEND SECTION 40-11-200, AS AMENDED, RELATING TO VIOLATIONS AND PENALTIES, SO AS TO FURTHER PROVIDE FOR CRIMINAL PENALTIES AND FOR ACTIONS AND OMISSIONS WHICH ARE CONSIDERED TO BE VIOLATIONS; TO AMEND SECTION 40-11-230, AS AMENDED, RELATING TO QUALIFICATIONS FOR CERTIFICATION AS A QUALIFYING PARTY, SO AS TO REQUIRE CERTAIN EXPERIENCE QUALIFICATIONS AND TO FURTHER PROVIDE FOR LICENSURE REQUIREMENTS; TO AMEND SECTION 40-11-240, AS AMENDED, RELATING TO


Printed Page 1029 . . . . . Thursday, February 22, 2001

QUALIFICATIONS FOR LICENSURE OF A CONTRACTOR, SO AS TO DELETE THE PROVISION REQUIRING AN ENTITY TO SUBMIT A REFERENCE FROM A BANK OR OTHER FINANCIAL INSTITUTION TO QUALIFY FOR LICENSURE; TO AMEND SECTION 40-11-250, AS AMENDED, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE THAT A LICENSE LAPSES IF NOT RENEWED WITHIN NINETY DAYS; TO AMEND SECTION 40-11-260, AS AMENDED, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL CONTRACTOR LICENSURE AND RENEWAL, SO AS TO REVISE THE MAXIMUM VALUE OF BIDS AND JOB-MINIMUM NET WORTH REQUIREMENTS FOR CERTAIN LICENSE GROUPS, TO PROVIDE THAT ON AN INITIAL APPLICATION A GENERAL CONTRACTOR BIDDING AND PERFORMING ON CERTAIN JOBS MAY SUBMIT A FINANCIAL STATEMENT THAT IS REVIEWED BY A LICENSED PUBLIC ACCOUNTANT, TO PROVIDE THAT ON A RENEWAL APPLICATION A GENERAL CONTRACTOR BIDDING AND PERFORMING ON CERTAIN JOBS MAY NOT SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT, TO PROVIDE THAT IF A LICENSEE DESIRES TO CHANGE TO A HIGHER LICENSE GROUP THE LICENSEE MUST MEET THE FINANCIAL STATEMENT AND NET WORTH REQUIREMENTS IN THE HIGHER LICENSE GROUP AS REQUIRED IN THE INITIAL APPLICATION OR HAVE A PERFORMANCE BOND FOR EACH PROJECT, AND TO PROVIDE THAT IF AN ENTITY DOES NOT SUBMIT A FINANCIAL STATEMENT FOR INITIAL LICENSURE OR LICENSE RENEWAL OR DOES NOT MEET THE FINANCIAL STATEMENT REQUIREMENTS, A PERFORMANCE BOND MUST BE OBTAINED AND MUST BE IN EFFECT FOR CERTAIN PROJECTS; TO AMEND SECTION 40-11-290, AS AMENDED, RELATING TO LICENSURE OF NONRESIDENT CONTRACTORS, SO AS TO FURTHER DEFINE THE BOARD'S AUTHORITY IN GRANTING SUCH LICENSURE; TO AMEND SECTION 40-11-300, AS AMENDED, RELATING TO PROHIBITING DIVIDING WORK PROJECTS INTO PORTIONS TO AVOID THE FINANCIAL REQUIREMENTS OF CERTAIN LEVELS OF LICENSURE, SO AS TO REQUIRE CALCULATING THE TOTAL COST OF A PROJECT IN DETERMINING THE LEVEL OF LICENSURE REQUIRED; TO AMEND SECTION 40-11-310, AS AMENDED, RELATING TO PROHIBITING A PERSON

Printed Page 1030 . . . . . Thursday, February 22, 2001

FROM ENGAGING IN WORK ON A CONSTRUCTION PROJECT FOR WHICH THE PERSON INSPECTS FOR COMPLIANCE WITH CODE STANDARDS; TO AMEND 40-11-320, AS AMENDED, RELATING TO CONSTRUCTION MANAGER LICENSURE REQUIREMENTS, SO AS TO FURTHER PROVIDE FOR SUCH LICENSURE; TO AMEND SECTION 40-11-340, AS AMENDED, RELATING TO REQUIREMENTS FOR A CONTRACTOR TO ACT AS THE SOLE PRIME CONTRACTOR ON A PROJECT, SO AS TO REQUIRE CONTRACTORS SOLELY ENGAGED IN RESIDENTIAL CONSTRUCTION TO BE LICENSED OR REGISTERED AS A SPECIALTY CONTRACTOR; TO AMEND SECTION 40-11-360, AS AMENDED, RELATING TO ENTITIES, PROPERTY CONSTRUCTION PROJECTS, AND PERSONS THAT ARE EXEMPT FROM LICENSURE AND TO THE POSTING OF PUBLIC NOTICE RELATIVE TO PROJECTS REQUIRED TO BE PERFORMED BY LICENSED CONTRACTORS, SO AS TO FURTHER SPECIFY EXEMPTIONS, TO INCLUDE ADDITIONAL EXEMPTIONS, AND TO REQUIRE ADDITIONAL INFORMATION TO BE POSTED; TO AMEND SECTION 40-11-390, RELATING TO GRANTING GROUP I LICENSURE TO UNLICENSED ENTITIES ENGAGING IN GENERAL OR MECHANICAL CONSTRUCTION BEFORE OCTOBER 31, 1999, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO ENTITIES ENGAGED IN CONSTRUCTION IN THE AMOUNT OF FIVE THOUSAND DOLLARS OR MORE AND THAT APPLICATION MUST BE MADE BEFORE NOVEMBER 1, 2001; TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO GENERAL AND MECHANICAL CONTRACTOR'S LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, SO AS TO REVISE THE TYPES OF CONSTRUCTION WORK AND PROJECTS THAT ARE COVERED BY THE VARIOUS CLASSIFICATIONS AND SUBCLASSIFICATIONS; AND TO AMEND SECTION 40-11-420, AS AMENDED, RELATING TO THE REQUIREMENT TO OBTAIN BUILDING PERMITS, SO AS TO FURTHER SPECIFY REQUIREMENTS FOR CONTRACTORS CONTRACTING DIRECTLY WITH OWNERS SERVING AS PRIME CONTRACTORS.
Referred to Committee on Labor, Commerce and Industry

H. 3619 (Word version) -- Reps. G. Brown and Lucas: A BILL TO AUTHORIZE THE LEE COUNTY SCHOOL DISTRICT TO CHARGE AND


Printed Page 1031 . . . . . Thursday, February 22, 2001

COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
On motion of Rep. G. BROWN, with unanimous consent, the Bill 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
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Cato                   Chellis                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Govan
Hamilton               Harrison               Hayes
Hines, J.              Hinson                 Hosey
Howard                 Huggins                Keegan
Kelley                 Kirsh                  Knotts
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Ott                    Owens
Parks                  Perry                  Phillips
Rice                   Rivers                 Robinson
Rodgers                Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Trotter                Vaughn                 Webb
Weeks                  Whatley                White

Printed Page 1032 . . . . . Thursday, February 22, 2001

Wilder                 Wilkins                Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 22.

Walton McLeod                     Ronald Townsend
Gary Simrill                      Daniel Tripp
H.B. "Chip" Limehouse             Jackson Whipper
Alex Harvin                       William Clyburn
Kenneth Kennedy                   James E. Smith
Todd Rutherford                   James Law
Mack Hines                        Douglas Jennings
John Riser                        Thomas Rhoad
Bill Cotty                        Gloria Haskins
Robert Harrell                    James Klauber
Joseph Neal                       Robert Walker

Total Present--119

DOCTOR OF THE DAY

Announcement was made that Dr. Al Pakalnis of Columbia is the Doctor of the Day for the General Assembly.

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."


Printed Page 1033 . . . . . Thursday, February 22, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
02/22/01   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3103 (Word version)
Date:   ADD:
02/22/01   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3103 (Word version)
Date:   ADD:
02/22/01   THOMPSON

S. 306--TABLED

The following Bill was taken up:

S. 306 (Word version) -- Senator Branton: A BILL TO RESTORE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION THAT HAD FORMERLY BEEN DEVOLVED TO THE GOVERNING BODY OF DORCHESTER COUNTY.

Rep. CHELLIS moved to table the Bill, which was agreed to.

SENT TO THE SENATE

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

H. 3085 (Word version) -- Reps. Meacham-Richardson, G. M. Smith, Altman, Whatley, Simrill and Owens: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 86 SO AS TO PROVIDE FOR DUCKS UNLIMITED SPECIAL LICENSE PLATES.

H. 3098 (Word version) -- Reps. McGee, Meacham-Richardson, Altman, Whatley, Owens and Rodgers: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 1034 . . . . . Thursday, February 22, 2001

RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.

ORDERED TO THIRD READING

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

S. 220 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE APPEALS PROCEDURE FOR ACTIONS BY THE INTERNAL REVENUE SERVICE IN CONNECTION WITH THE SETOFF OF A DEBT AGAINST A TAXPAYER'S REFUND IS GOVERNED BY TITLE 26 OF THE UNITED STATES CODE, NOTWITHSTANDING THE PROCEDURE PRESCRIBED IN CHAPTER 56 OF TITLE 12 FOR THE SETOFF DEBT COLLECTION ACT.

Rep. VAUGHN explained the Joint Resolution.

S. 198 (Word version) -- Senators Leatherman, Martin, Giese, Mescher, McConnell, J. V. Smith, Thomas, Verdin, Branton and Richardson: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.

S. 199 (Word version) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms, Reese and Courson: 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


Printed Page 1035 . . . . . Thursday, February 22, 2001

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.

S. 220--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. VAUGHN, with unanimous consent, it was ordered that S. 220 (Word version) be read the third time tomorrow.

S. 198--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. A. YOUNG, with unanimous consent, it was ordered that S. 198 (Word version) be read the third time tomorrow.

S. 199--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. A. YOUNG, with unanimous consent, it was ordered that S. 199 (Word version) be read the third time tomorrow.

H. 3100--POINT OF ORDER

The following Bill was taken up:

H. 3100 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-740 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO REPAIRS A MOTOR VEHICLE WHOSE INFLATABLE RESTRAINT SYSTEM HAS BEEN DAMAGED OR DEPLOYED TO FAIL TO REPAIR OR REPLACE THE SYSTEM SO THAT IT IS FULLY OPERATIONAL, AND TO PROVIDE PENALTIES FOR VIOLATIONS.


Printed Page 1036 . . . . . Thursday, February 22, 2001

POINT OF ORDER

Rep. SCOTT 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. 3146--POINT OF ORDER

The following Bill was taken up:

H. 3146 (Word version) -- Reps. Lourie, J. E. Smith, Freeman, Neilson, Robinson, Webb, Mack, Cotty, Talley, Littlejohn, Simrill, J. Hines, J. M. Neal, Emory, Bales, Miller, Campsen, Altman, Whatley, Lloyd, Bowers, M. Hines, Weeks, Rivers, Hosey, G. M. Smith, Owens, Harvin, McLeod, Sinclair, Thompson, Govan and Martin: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MAXIMUM SPEED LIMITS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE PENALTIES FOR A PERSON WHO VIOLATES THE SPEED LIMITS ESTABLISHED IN ZONES WHERE THE POSTED MAXIMUM SPEED LIMIT IS AT LEAST FIFTY-FIVE MILES AN HOUR WHILE DRIVING A COMMERCIAL MOTOR VEHICLE WHICH REQUIRES THE DRIVER TO POSSESS A COMMERCIAL DRIVER'S LICENSE.

POINT OF ORDER

Rep. SCOTT 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.

SENT TO THE SENATE

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

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


Printed Page 1037 . . . . . Thursday, February 22, 2001

IN COURT TO ANSWER THE CHARGE OR INDICTMENT AND TO PROVIDE PENALTIES.

H. 3491--RECOMMITTED

The following Concurrent Resolution was taken up:

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

Rep. HARRISON moved to recommit the Concurrent Resolution to the Committee on Judiciary, which was agreed to.

S. 286--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 286 (Word version) -- Senators Pinckney, McConnell, Ravenel, Branton, Mescher, Grooms and Richardson: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO


Printed Page 1038 . . . . . Thursday, February 22, 2001

COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.

Whereas, Stevedoring Services of America has indicated a willingness to invest more than four hundred million dollars in a project that will affect an undeveloped area of our State, specifically including Jasper, Hampton, and Colleton counties; and

Whereas, locating and developing such a project in any location is a complicated process involving many federal and state constitutional and statutory considerations, including provisions relating to the interstate commerce clause, right of use of navigable waters, apportionment of income, compliance with environmental regulations, and many other requirements and protections that affect such a major project; and

Whereas, these types of decisions must be made carefully after much analysis, research, and comparison, and the State of South Carolina is indeed fortunate to potentially have such a good partner in the tradition of other wonderful partners which we have been privileged to have and which have benefited our State and them so much; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly thank Stevedoring Services of America for giving our State and especially those areas of our State which need more investment such serious consideration and indicate for the record that South Carolina would indeed be fortunate to become a partner with such a successful, innovative, and visionary company. Now, therefore,

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

That the members of the General Assembly hereby recognize the considerations involved from an interstate commerce and other constitutional and statutory view points in locating and developing major development projects in this State which have multi-state and multi-national effects, express the willingness of the State of South Carolina to be a partner in protecting, complying with, or working through each of these constitutional or statutory considerations with a


Printed Page 1039 . . . . . Thursday, February 22, 2001

potential investor, and commend and thank Stevedoring Services of America for their willingness to invest substantial sums of money in such projects in underdeveloped areas of our State.

Be it further resolved that a copy of this resolution be forwarded to Stevedoring Services of America in care of John A. Coakley III, their local representative.

Rep. HARRISON explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

H. 3303--ORDERED TO THIRD READING

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

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

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

Yeas 79; Nays 36

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Barfield               Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Dantzler               Edge                   Gilham
Gourdine               Govan                  Harrison
Harvin                 Hayes                  Hines, J.

Printed Page 1040 . . . . . Thursday, February 22, 2001

Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Knotts                 Law
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Mack
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Ott
Owens                  Parks                  Phillips
Rhoad                  Rivers                 Robinson
Rodgers                Rutherford             Sandifer
Scarborough            Scott                  Smith, D.C.
Smith, F.N.            Smith, J.E.            Smith, J.R.
Snow                   Stuart                 Taylor
Thompson               Webb                   Weeks
Whatley                Whipper                White
Wilder                 Wilkins                Witherspoon
Young, A.

Total--79

Those who voted in the negative are:

Allison                Altman                 Barrett
Campsen                Cato                   Cooper
Davenport              Delleney               Easterday
Emory                  Fleming                Freeman
Frye                   Hamilton               Haskins
Koon                   Leach                  Loftis
Lucas                  Neal, J.M.             Rice
Riser                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, G.M.
Smith, W.D.            Stille                 Talley
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Young, J.

Total--36

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


Printed Page 1041 . . . . . Thursday, February 22, 2001

RECORD FOR VOTING

I was off the House floor and was unable to vote on H. 3303. Had I been on the floor I would have voted yea.

Rep. Robert S. Perry, Jr.

RECORD FOR VOTING

I regret that I was unavoidably delayed in traffic and was not in the Chamber when the vote on H. 3303 was cast. Had I been present, I would have voted against the Bill since I believe that the General Assembly should be well aware of the intricacies of the lottery before a ratification Bill is passed. Enabling legislation should be adopted first.

Rep. James S. Klauber

RECORD FOR VOTING

I was temporarily out of the Chamber when the vote was taken. I would have voted in favor of the Bill.

Rep. Robert Brown

OBJECTION TO MOTION

Rep. SCOTT asked unanimous consent that H. 3303 (Word version) be read a third time tomorrow.
Rep. RICE objected.

H. 3224--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3224 (Word version) -- Reps. Altman and Knotts: 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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22820CM01), which was adopted:


Printed Page 1042 . . . . . Thursday, February 22, 2001

Amend the bill, as and if amended, by striking SECTION 1, and inserting:
/ SECTION   1.   The 1976 Code is amended by adding:

"Section 16-15-115.   (A)   Forfeiture of cash contained in subsection (D) of this section must be accomplished by petition of the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the cash was seized. The petition must be submitted to the court within a reasonable period following seizure and must contain the facts upon which the seizure was made. The petition shall identify all persons known to the petitioner to have interests in the property. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the cash listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure.

(B)   The judge shall determine whether the cash is subject to forfeiture and order the forfeiture confirmed. If there is a dispute regarding the division of the cash among participating law enforcement agencies, it must be determined by the judge.

(C)   A forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided, that all persons with an interest in the cash, including participating law enforcement agencies, entitled to notice under this section, consent to the forfeiture. Disposition of the cash may be accomplished by consent of the petitioner and the agencies involved.

(D)   All cash forfeited will be deposited in the General Fund to be distributed as follows:

(1)   seventy-five percent to the law enforcement agency or agencies;

(2)   twenty-five percent to the prosecuting agency." /
Amend title to conform.

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

Reps. KNOTTS, KENNEDY and WHATLEY proposed the following Amendment No. 2 (Doc Name GJK\AMEND\20214SD01), which was adopted:


Printed Page 1043 . . . . . Thursday, February 22, 2001

Amend the bill, as and if amended, in Section 16-15-115(A) of the 1976 Code, as contained in SECTION 1, by striking the first sentence and inserting:
/Forfeiture of cash as provided by this section must be accomplished by petition of the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the cash was seized if the criminal violation giving rise to the confiscation is within the jurisdiction of the circuit court. The circuit court in turn shall transfer the forfeiture matter to the chief magistrates court within that county for disposition in the manner provided by this section, unless the circuit court hears or will hear the forfeiture matter immediately following disposal of the underlying criminal matter. The magistrates court is vested with jurisdiction to hear and determine such matters. If the criminal violation giving rise to the confiscation is within the jurisdiction of the magistrates court, the forfeiture matter also shall be heard in that court and the petition for forfeiture filed therein./
Renumber sections to conform.
Amend totals and title to conform.

Rep. KNOTTS explained the amendment.

Rep. ALTMAN spoke in favor of the amendment.

The amendment was then adopted.

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

Yeas 96; Nays 5

Those who voted in the affirmative are:

Allen                  Altman                 Askins
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Brown, G.              Campsen                Cato
Chellis                Coates                 Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Gilham                 Gourdine
Hamilton               Harrison               Harvin
Haskins                Hayes                  Hines, J.

Printed Page 1044 . . . . . Thursday, February 22, 2001

Hines, M.              Hinson                 Huggins
Jennings               Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Neal, J.M.
Ott                    Owens                  Perry
Phillips               Rhoad                  Rice
Riser                  Rivers                 Robinson
Rodgers                Sandifer               Scarborough
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Vaughn                 Walker
Webb                   Weeks                  Whipper
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--96

Those who voted in the negative are:

Cobb-Hunter            Kennedy                Lloyd
Rutherford             Trotter

Total--5

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

H. 3224--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3224 (Word version) be read the third time tomorrow.


Printed Page 1045 . . . . . Thursday, February 22, 2001

H. 3259--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3259 (Word version) -- Reps. W. D. Smith, Wilkins, Harrison, Harrell, J. Brown, Townsend, Sharpe, Miller and Edge: 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.

Rep. JENNINGS proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\AMEND\1217DW01), which was ruled out of order:
Amend the report of the Committee on Judiciary, as and if amended, page 3259-1, line 29, by inserting after /survey/ / or printed matter /.
Amend further, page 3259-1, line 35, by striking /and/.
Amend further, page 3259-1, immediately following subsection (a) (1) b, by inserting:

/ (c)   states or implies falsely, either by telephone or in writing, that they are representing an official agency, or commission, or committee performing an investigation on behalf of an official governmental entity with the intent to deceive or mislead the person receiving the communication by holding oneself out to be acting on behalf of an official entity of government. /
Amend further, page 3259-1, line 42, by inserting after /call,/ / or on the printed matter /
Amend further, page 3259-2, line 2, by inserting after /call/ / or on the printed matter /
Amend further, page 3259-2, line 4, by inserting after /call/ / or printed matter /
Amend further, page 3259-2, line 5, by inserting after /call/ / or printed matter /
Amend title to conform.

Rep. JENNINGS explained the amendment.

POINT OF ORDER

Rep. FLEMING raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill. He stated that the Bill dealt with push-polls and telephone surveys and the amendment dealt with the practice of impersonating government officials.


Printed Page 1046 . . . . . Thursday, February 22, 2001

Rep. JENNINGS argued that the amendment proposed to merely expand the definition of criminal conduct in the Bill by adding written materials as an offense.
Rep. EASTERDAY argued that the amendment was not germane to the Bill.
Rep. J. SMITH argued that the amendment was germane to the Bill.
Rep. MCGEE argued that the amendment was not germane to the Bill.
SPEAKER WILKINS stated that the amendment did not meet the substantial effect test of Rule 9.3. He therefore sustained the Point of Order and ruled the amendment out of order.

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

Yeas 108; Nays 4

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Campsen                Cato                   Chellis
Coates                 Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Govan                  Hamilton               Harrison
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Huggins                Jennings               Keegan
Kelley                 Kirsh                  Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Ott                    Owens
Parks                  Perry                  Phillips
Rhoad                  Rice                   Riser

Printed Page 1047 . . . . . Thursday, February 22, 2001

Rivers                 Robinson               Rodgers
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Weeks                  Whatley                Whipper
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--108

Those who voted in the negative are:

Hosey                  Kennedy                Lloyd
Rutherford

Total--4

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

H. 3259--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 3259 (Word version) be read the third time tomorrow.

H. 3103--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3103 (Word version) -- Reps. Sharpe, J. E. Smith, Cotty, Sheheen, Coleman, Quinn, Harrison, Delleney, Altman, Clyburn, Merrill, Knotts, Martin and Thompson: 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


Printed Page 1048 . . . . . Thursday, February 22, 2001

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.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11152AC01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION___.   The 1976 Code is amended by adding:

"Section 44-55-1420.   A private entity that provides water or sewer services and facilities, or both, may not under any circumstances treat sewage generated from outside the boundaries of this State if this sewage accounts for more than ten percent of the sewage treated by the facility."/
Amend the bill, as and if amended, by deleting Section 3 and inserting:
/SECTION   3.   Article 15, Chapter 55, Title 44 is renamed "Water and Sewer Facilities".
SECTION   4.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. DAVENPORT explained the amendment.

Rep. ROBINSON spoke upon the amendment.

The amendment was then adopted.

Rep. EMORY spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. EMORY continued speaking.

Rep. EMORY moved to adjourn debate on the Bill until Thursday, March 15.

Rep. SHARPE moved to table the motion.


Printed Page 1049 . . . . . Thursday, February 22, 2001

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

Yeas 74; Nays 31

Those who voted in the affirmative are:

Allen                  Allison                Bales
Barfield               Bingham                Brown, J.
Campsen                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cotty                  Davenport
Delleney               Edge                   Fleming
Freeman                Gilham                 Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Hinson
Hosey                  Howard                 Huggins
Kennedy                Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Loftis
Lourie                 Lucas                  Mack
Martin                 McGee                  McLeod
Merrill                Ott                    Owens
Parks                  Phillips               Quinn
Rhoad                  Riser                  Rivers
Rodgers                Rutherford             Sharpe
Sheheen                Sinclair               Smith, G.M.
Smith, J.E.            Smith, W.D.            Snow
Stille                 Talley                 Taylor
Thompson               Townsend               Vaughn
Weeks                  Whatley                Wilder
Witherspoon            Young, J.

Total--74

Those who voted in the negative are:

Askins                 Barrett                Battle
Bowers                 Dantzler               Easterday
Emory                  Hines, J.              Hines, M.
Keegan                 Kelley                 Kirsh
Littlejohn             Lloyd                  McCraw
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.M.             Perry                  Rice

Printed Page 1050 . . . . . Thursday, February 22, 2001

Robinson               Sandifer               Scarborough
Simrill                Stuart                 Tripp
Trotter                Webb                   White
Young, A.

Total--31

So, the motion to adjourn debate was tabled.

SPEAKER IN CHAIR

Rep. MEACHAM-RICHARDSON spoke against the Bill.

Rep. PHILLIPS moved to reconsider the vote whereby the motion to adjourn debate was tabled.

Rep. SHARPE moved to table the motion to reconsider.

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

Yeas 63; Nays 52

Those who voted in the affirmative are:

Allen                  Bales                  Bingham
Brown, J.              Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cotty                  Davenport              Delleney
Edge                   Freeman                Frye
Gourdine               Govan                  Harrison
Harvin                 Haskins                Hayes
Hinson                 Hosey                  Howard
Huggins                Kennedy                Knotts
Koon                   Leach                  Lee
Lloyd                  Lourie                 Lucas
Mack                   Martin                 McGee
McLeod                 Merrill                Neal, J.H.
Ott                    Owens                  Parks
Quinn                  Rhoad                  Riser
Rivers                 Rutherford             Scott
Sharpe                 Sheheen                Sinclair
Smith, J.E.            Smith, W.D.            Snow

Printed Page 1051 . . . . . Thursday, February 22, 2001

Stille                 Talley                 Taylor
Thompson               Vaughn                 Weeks
Whatley                Wilder                 Witherspoon

Total--63

Those who voted in the negative are:

Allison                Askins                 Barfield
Barrett                Battle                 Bowers
Breeland               Brown, G.              Brown, R.
Campsen                Cato                   Dantzler
Easterday              Emory                  Fleming
Gilham                 Hamilton               Harrell
Hines, J.              Hines, M.              Jennings
Keegan                 Kelley                 Kirsh
Klauber                Law                    Limehouse
Littlejohn             McCraw                 Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.M.
Perry                  Phillips               Rice
Robinson               Rodgers                Sandifer
Scarborough            Simrill                Smith, G.M.
Smith, J.R.            Stuart                 Townsend
Tripp                  Trotter                Webb
Whipper                White                  Young, A.
Young, J.

Total--52

So, the motion to reconsider was tabled.

Rep. RICE moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. SHARPE moved to table the motion.

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

Yeas 73; Nays 40


Printed Page 1052 . . . . . Thursday, February 22, 2001

Those who voted in the affirmative are:
Allen                  Bales                  Barfield
Bingham                Brown, J.              Campsen
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Davenport              Delleney               Edge
Fleming                Freeman                Frye
Gilham                 Gourdine               Govan
Harrison               Harvin                 Haskins
Hayes                  Hines, M.              Hinson
Hosey                  Howard                 Jennings
Kennedy                Knotts                 Koon
Leach                  Lee                    Lloyd
Loftis                 Lourie                 Lucas
Mack                   Martin                 McGee
McLeod                 Merrill                Neal, J.H.
Ott                    Owens                  Parks
Phillips               Quinn                  Rhoad
Riser                  Rivers                 Scott
Sharpe                 Sheheen                Sinclair
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Talley                 Taylor                 Thompson
Vaughn                 Weeks                  Whatley
Wilder                 Wilkins                Witherspoon
Young, J.

Total--73

Those who voted in the negative are:

Allison                Askins                 Barrett
Battle                 Bowers                 Breeland
Brown, R.              Cato                   Dantzler
Easterday              Emory                  Hamilton
Harrell                Hines, J.              Keegan
Kelley                 Kirsh                  Klauber
Law                    Littlejohn             McCraw
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.M.             Perry                  Rice
Robinson               Rodgers                Sandifer
Scarborough            Simrill                Stuart

Printed Page 1053 . . . . . Thursday, February 22, 2001

Townsend               Tripp                  Trotter
Webb                   Whipper                White
Young, A.

Total--40

So, the motion to recommit the Bill was tabled.

MOTION TABLED

Rep. RICE moved that the House recur to the morning hour.
Rep. SHARPE moved to table the motion, which was agreed to.

Rep. SCARBOROUGH moved that the House do now adjourn.

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

Yeas 24; Nays 88

Those who voted in the affirmative are:

Askins                 Bowers                 Breeland
Emory                  Hosey                  Keegan
Kelley                 Kennedy                Kirsh
Littlejohn             McCraw                 Meacham-Richardson
Moody-Lawrence         Neal, J.M.             Perry
Rhoad                  Rice                   Robinson
Scarborough            Simrill                Trotter
Webb                   White                  Young, A.

Total--24

Those who voted in the negative are:

Allen                  Allison                Bales
Barfield               Barrett                Battle
Bingham                Brown, G.              Brown, J.
Brown, R.              Campsen                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Harrell

Printed Page 1054 . . . . . Thursday, February 22, 2001

Harrison               Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Huggins                Jennings
Klauber                Law                    Leach
Lee                    Limehouse              Lloyd
Loftis                 Lourie                 Lucas
Mack                   Martin                 McGee
McLeod                 Merrill                Miller
Neal, J.H.             Ott                    Owens
Parks                  Phillips               Quinn
Riser                  Rivers                 Rodgers
Sandifer               Scott                  Sharpe
Sheheen                Sinclair               Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Vaughn
Weeks                  Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Young, J.

Total--88

So, the House refused to adjourn.

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 96; Nays 17

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Breeland
Brown, J.              Brown, R.              Campsen
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge

Printed Page 1055 . . . . . Thursday, February 22, 2001

Fleming                Freeman                Frye
Gilham                 Gourdine               Govan
Harrell                Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Jennings               Kennedy                Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Neal, J.H.
Ott                    Owens                  Parks
Phillips               Quinn                  Riser
Rivers                 Rodgers                Rutherford
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Talley                 Taylor
Thompson               Townsend               Tripp
Vaughn                 Weeks                  Whatley
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, J.

Total--96

Those who voted in the negative are:

Allison                Cooper                 Emory
Hamilton               Keegan                 Kelley
Kirsh                  Littlejohn             McCraw
Moody-Lawrence         Neal, J.M.             Perry
Rice                   Robinson               Trotter
Webb                   Young, A.

Total--17

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


Printed Page 1056 . . . . . Thursday, February 22, 2001

H. 3131--DEBATE ADJOURNED

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

H. 3131 (Word version) -- Reps. Rodgers and Whipper: A BILL TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.

H. 3418--RECOMMITTED

The following Bill was taken up:

H. 3418 (Word version) -- Reps. Harrell, Quinn, Knotts, Altman, Limehouse, Bingham, Chellis, Harrison, Kelley, Riser, Rodgers, Sandifer, Simrill, W. D. Smith, Tripp, Walker, A. Young, White, Wilkins, Cato, Sharpe, Thompson, Robinson, Martin, Davenport, Hamilton, Leach, Loftis, Edge and McLeod: 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


Printed Page 1057 . . . . . Thursday, February 22, 2001

2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

Rep. HARRELL moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.

H. 3419--RECOMMITTED

The following Bill was taken up:

H. 3419 (Word version) -- Reps. Harrell, Quinn, Limehouse, Knotts, Altman, Harrison, Kelley, Bingham, Chellis, Riser, Rodgers, Sandifer, Simrill, W. D. Smith, Tripp, Walker, A. Young, White, Wilkins, Cato, Sharpe, Townsend, Robinson, Koon, Martin, Davenport, Hamilton, Leach, Loftis and Edge: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.

Rep. HARRELL moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.

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. 3620 (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,


Printed Page 1058 . . . . . Thursday, February 22, 2001

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 EXPRESSING THE SINCERE CONGRATULATIONS AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO RANDOLPH D. SMOAK, JR., M.D., A SURGEON OF ORANGEBURG, SOUTH CAROLINA, ON BEING ELECTED THE ONE HUNDRED FIFTY-FIFTH PRESIDENT OF THE AMERICAN MEDICAL ASSOCIATION AND OFFERING A SPECIAL THANK YOU FOR HIS UNBOUNDED COMMITMENT AND ENCOURAGEMENT ON GOOD HEALTH AND PREVENTIVE CARE.

Whereas, American Medical Association (AMA) President Randolph D. Smoak, Jr., is the voice of the medical profession. He is only the third native-born South Carolinian to lead this internationally know organization; and

Whereas, Dr. Smoak, originally from Bamberg, attended the University of South Carolina for his undergraduate studies and received his medical degree from the Medical University of South Carolina, where he also completed his residency training. He went to Houston, Texas, where he completed a senior surgery oncology fellowship at the University of Texas M.D. Anderson Cancer Center; and

Whereas, Dr. Smoak, who served in the United States Air Force Medical Corps, has had a surgical practice in Orangeburg for the past thirty-three years and is a clinical professor of surgery at the Medical University of South Carolina and a clinical associate professor of surgery at the University of South Carolina School of Medicine; and


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Whereas, Dr. Smoak has long been involved with the American Medical Association through his involvement in various committees and delegations, namely the Department of Health and Human Services Interagency Committee on Smoking and Health, for which he has been a zealous advocate and spokesperson. He has been a member of the Board of Trustees since 1992 and has since served as Secretary-Treasurer, Vice-Chairman, and Chairman of the Board until he was named President-elect of the American Medical Association in June of 1999; and

Whereas, Dr. Smoak has put the issues of women as medical decision makers in health care, the role of American medicine in the global community, and the American Medical Association's continuing role in the health system reform, at the forefront of his year-long presidency during which he is representing two hundred ninety thousand members; and

Whereas, Dr. Smoak believes that the cornerstone of the medical profession is the patient-physician relationship and strongly supports the passing of a federal patients' bill of rights called the "Bipartisan Patient Protection Act of 2001", recently introduced in the House and Senate; and

Whereas, as well as being actively involved in the American Medical Association, Dr. Smoak is also a leader in his community. He has previously held leadership roles in organizations such as the Kiwanis Club, the Orangeburg County Chamber of Commerce, the Orangeburg-Calhoun Technical College Foundation Board, and the Orangeburg First Presbyterian Church; and

Whereas, Dr. Smoak and his wife, Saundra, have four daughters and reside in Orangeburg; and

Whereas, it is appropriate that the members of the General Assembly pause in their deliberations to recognize the extraordinary achievements and distinguished career of Randolph D. Smoak, Jr., M.D. Now, therefore,

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


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That the members of the General Assembly of the State of South Carolina, by this resolution, express their sincere congratulations to Randolph D. Smoak, Jr., M.D., a surgeon of Orangeburg, South Carolina, on being elected the one hundred fifty-fifth President of the American Medical Association and offering a special thank you for his unbounded commitment and encouragement on good health and preventive care.

Be it further resolved that a copy of this resolution be presented to Randolph D. Smoak, Jr., M.D.

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

INTRODUCTION OF BILLS

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

H. 3621 (Word version) -- Reps. Merrill and Edge: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA STATE PORTS AUTHORITY, BY ADDING SECTION 54-3-270 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS BY THE AUTHORITY FOR LOBBYING, PUBLIC RELATIONS, ADVERTISING, OR OTHER MARKETING EFFORTS IN CONNECTION WITH THE PURSUIT OF AN EXPANSION OF ITS FACILITIES ON DANIEL ISLAND.
Rep. MERRILL asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. PERRY objected.
Referred to Committee on Ways and Means

H. 3622 (Word version) -- Reps. Townsend and Wilkins: A BILL TO AMEND SECTION 56-5-1535, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST SPEEDING IN A HIGHWAY WORK ZONE, PENALTIES FOR A VIOLATION OF THIS PROVISION, AND SIGNS WHICH DESIGNATE A HIGHWAY WORK ZONE, SO AS TO PROVIDE THAT THE PENALTIES APPLY TO THE AREA WITHIN A HIGHWAY WORK ZONE WHEN HIGHWAY WORKERS ARE PRESENT; AND TO AMEND SECTION 56-5-1895, RELATING TO


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THE PROHIBITION AGAINST A VEHICLE OVERTAKING OR PASSING ANOTHER VEHICLE IN A HIGHWAY WORK ZONE AND PENALTIES FOR A VIOLATION OF THIS PROVISION, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO HIGHWAY WORK ZONES WHERE HIGHWAY WORKERS ARE PRESENT.
Referred to Committee on Education and Public Works

H. 3623 (Word version) -- Reps. Allison and Townsend: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.
Referred to Committee on Education and Public Works

H. 3624 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Rivers: A BILL TO PROVIDE THAT THE BEAUFORT COUNTY BOARD OF EDUCATION MAY ESTABLISH, WITHIN GUIDELINES, ITS COMPENSATION AND PER DIEM.
On motion of Rep. RODGERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3625 (Word version) -- Reps. Easterday, Tripp, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, Vaughn and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY STUDENTS OF HILLCREST HIGH SCHOOL OF THE GREENVILLE COUNTY SCHOOL DISTRICT ON NOVEMBER 20, 2000, AND NOVEMBER 21, 2000, BECAUSE OF POOR AIR QUALITY AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. EASTERDAY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.


Printed Page 1062 . . . . . Thursday, February 22, 2001

H. 3626 (Word version) -- Rep. Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 37-2-308 AND 37-3-307 SO AS TO PROVIDE THAT CERTAIN DISCLOSURES MUST BE MADE BY A LENDER IN CONNECTION WITH A CREDIT SALE FOR THE PURCHASE OF A RESIDENTIAL MANUFACTURED HOME AND FOR A LOAN SECURED BY A SECURITY INTEREST IN A RESIDENTIAL MANUFACTURED HOME; TO AMEND SECTIONS 37-2-104 RELATING TO THE DEFINITION OF A CONSUMER CREDIT SALE, 37-3-104, AS AMENDED, RELATING TO THE DEFINITION OF A CONSUMER LOAN, AND 37-3-105, AS AMENDED, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, ALL SO AS TO PROVIDE THAT A CONSUMER CREDIT SALE INCLUDES A SALE OF LAND WITH A SALE OF A RESIDENTIAL MANUFACTURED HOME AND A CONSUMER LOAN INCLUDES A LOAN SECURED BY AN INTEREST IN LAND WITH A SECURITY INTEREST IN A RESIDENTIAL MANUFACTURED HOME; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABLE CONDUCT, SO AS TO PROVIDE THAT CAUSING FALSE STATEMENTS TO BE MADE IN CONNECTION WITH A CONSUMER TRANSACTION IS UNCONSCIONABLE CONDUCT; AND TO AMEND SECTION 37-5-203, AS AMENDED, RELATING TO CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT THE DISCLOSURE REQUIREMENTS IN CONNECTION WITH A CONSUMER SALE OR LOAN INVOLVING A RESIDENTIAL MANUFACTURED HOME ARE SUBJECT TO PENALTIES FOR FAILURE TO DISCLOSE.
Referred to Committee on Labor, Commerce and Industry

H. 3627 (Word version) -- Reps. Whipper, Breeland, R. Brown, Gourdine, J. Hines, M. Hines, Hosey, Lee, Lloyd, Mack, Parks and Whatley: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS, AND CIRCUMSTANCES UNDER WHICH THE IDENTITIES OF AN ADOPTEE, THE BIOLOGICAL PARENTS, AND THE SIBLINGS OF THE ADOPTEE MUST BE DISCLOSED, SO AS TO DELETE THE REQUIREMENT THAT AFFIDAVITS OF THE ADOPTEE, THE BIOLOGICAL PARENTS, AND SIBLINGS MUST BE ON FILE AUTHORIZING DISCLOSURE AND TO REQUIRE


Printed Page 1063 . . . . . Thursday, February 22, 2001

ADOPTION AGENCIES TO DISCLOSE UPON WRITTEN REQUEST WHEN AN ADOPTEE IS TWENTY-ONE YEARS OF AGE OR OLDER.
Referred to Committee on Judiciary

H. 3628 (Word version) -- Reps. Kirsh and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-255 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REQUIRE COUNTYWIDE TOLL FREE CALLING TO BE PROVIDED BY ALL TELEPHONE UTILITIES OPERATING WITHIN A COUNTY BY JULY 1, 2001, TO PROVIDE THAT THE COMMISSION SHALL NOT GRANT A TELEPHONE UTILITY A RATE INCREASE TO OFFSET THE COST, IF ANY, OF COMPLYING WITH THE PROVISIONS OF THIS SECTION, AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry

Rep. LUCAS 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. 3612 (Word version) -- Reps. Webb, Leach, 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, 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, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION PROUDLY


Printed Page 1064 . . . . . Thursday, February 22, 2001

PROCLAIMING THE PRIDE AND EXCITEMENT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ON THE RECENT ANNOUNCEMENT BY TIME MAGAZINE NAMING CLEMSON UNIVERSITY THE "PUBLIC COLLEGE OF THE YEAR"; AND KIPLINGER'S MAGAZINE RANKING CLEMSON UNIVERSITY THE BEST VALUE IN SOUTH CAROLINA'S PUBLIC COLLEGES AND TWENTY-FIRST AMONG THE TOP ONE HUNDRED BEST VALUES IN PUBLIC COLLEGES NATIONALLY.

ADJOURNMENT

At 12:00 noon the House, in accordance with the motion of Rep. RICE, adjourned in memory of Mark Anthony Riddle of Easley, to meet at 10:00 a.m. tomorrow.

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