Indicates Matter Stricken
Indicates New Matter

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

We thank You, Heavenly Father, for this another day in which we are given the opportunity of service to You and our fellow beings. In this service, we desire Your Divine approval above all else. Make us to find in You a strong foundation that storms cannot shake, a deep well that droughts cannot exhaust, a citadel of strength that no foe can invade. And as we face decisions weighted with the destiny of many, unite our hearts and minds in a mighty purpose of achieving the best and noblest as measured by the standards of God. We pray to Him Whose Name is above every name. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Rep. HASKINS moved that when the House adjourns, it adjourn in memory of Dr. Jim Martin of Bob Jones University, Greenville, which was agreed to.

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

H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.
Ordered for consideration tomorrow.

The Senate sent to the House the following:

S. 425 (Word version) -- Senators Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THE PALMETTO STATE'S MOST PROMINENT AND RESPECTED LEADERS, THE HONORABLE RYAN C. SHEALY, A FORMER MEMBER OF THE SOUTH CAROLINA STATE SENATE AND THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Whereas, in view of the loss we have sustained by the death on March 5, 2001, of our dear friend, the Honorable Ryan C. Shealy, we inscribe upon our records this tribute to his memory; and

Whereas, born in Leesville, December 9, 1923, Ryan Shealy was the son of the late Thomas C. and Una Lee Fink Shealy; and

Whereas, Senator Shealy served his country with honor in the United States Navy, seeing action in the New Guinea, Borneo, Gilbert Islands, Marshall Island and Saipan campaigns, and in the liberation of the Philippines during World War II. He survived the sinking of the Hugh L. Scott and was wounded in action before receiving an honorable discharge on January 6, 1947. He later served in the National Guard and in the Naval Reserves; and

Whereas, he was a 1954 graduate of the University of South Carolina, majoring in education. During the same year, he was elected to the South Carolina House of Representatives from Lexington County where he served five terms. In 1966, he became one of the first Republicans elected from Lexington County in modern history. He was elected to the South Carolina State Senate in 1980, serving continuously until 1992; and

Whereas, Senator Shealy was the loving husband to Elsie Porth Shealy and a devoted father to his children: Sherry Martschink Spence, Mt. Pleasant; Rodney Ryan Shealy, Sr., Irmo; Christy S. Mills, Prosperity; S. Shawn Shealy, Lexington; and Lorri Shealy Unumb, Arlington, Virginia; and

Whereas, following his election to the South Carolina State Senate, at the top of his legislative agenda was the passage of a constitutional amendment authorizing a statewide lottery in this State. The quest to achieve this goal constantly burned within Senator Shealy and anyone who spoke with him would readily realize that any conversation with the Senator would soon turn to discussions about a lottery; and

Whereas, during his legislative career, Senator Shealy chaired the Lexington County Legislative Delegation; sponsored legislation that led to the creation of the Lexington County Hospital; helped create the Columbia Metropolitan Airport; introduced legislation which led to the marking of the state-owned vehicles; established a twelve-year perfect attendance record in the House and an eleven-year perfect attendance record in the Senate; and with consistency labored long and hard on issues that would have an impact on his constituency and the Palmetto State; and

Whereas, we want Senator Shealy's wife, Elsie, his children, and all the rest of his family to know that they are uppermost in our thoughts and prayers and will forever have our deepest sympathy and our love; and

Whereas, it is fitting that we pause in our deliberations to express appreciation for our beloved friend's life and his accomplishments and dedication will long be embellished upon our memories. Now, therefore,

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

Be it further resolved that a copy of this resolution be forwarded to his wife, Mrs. Elsie Porth Shealy.

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

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

H. 3684 (Word version) -- Reps. Campsen, Altman, Easterday and Scarborough: A BILL TO ENACT THE "PALMETTO FELLOWS SCHOLARSHIP FREEDOM OF CHOICE ACT" INCLUDING PROVISIONS TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP, SO AS TO PROVIDE THAT PALMETTO FELLOWS SCHOLARSHIP FUNDS SHALL NOT BE ALLOCATED TO INDIVIDUAL HIGHER EDUCATION INSTITUTIONS OR BETWEEN PUBLIC AND INDEPENDENT INSTITUTIONS BUT INSTEAD SHALL BE AWARDED TO STUDENTS BASED ON ACADEMIC CRITERIA ESTABLISHED BY THE COMMISSION ON HIGHER EDUCATION, AND TO PROVIDE THAT THESE STUDENTS MAY THEN USE THESE SCHOLARSHIP FUNDS TO ATTEND ANY INSTITUTION OF HIGHER LEARNING IN THIS STATE; AND TO AMEND SECTION 59-143-30, RELATING TO ALLOCATIONS FOR CERTAIN HIGHER EDUCATION SCHOLARSHIP GRANTS, SO AS TO PROVIDE THAT ALLOCATIONS FOR PALMETTO FELLOWS SCHOLARSHIPS TO INDEPENDENT INSTITUTIONS AND PUBLIC INSTITUTIONS SHALL BE COMBINED TOGETHER AND USED IN THE MANNER PROVIDED ABOVE.
Referred to Committee on Ways and Means

S. 397 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, COMMISSIONERS OF PILOTAGE, RELATING TO PORT OF CHARLESTON, SHORT BRANCH QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2596, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

The following was introduced:

H. 3686 (Word version) -- Reps. Campsen and Harrell: A HOUSE RESOLUTION EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT NO PERMANENT LAW, I.E., PART II'S, SHOULD BE INCLUDED IN H.3687, THE GENERAL APPROPRIATIONS BILL FOR FISCAL YEAR 2001-2002, WHEN THE BILL IS UNDER CONSIDERATION IN THE HOUSE BEGINNING MARCH 12, 2001.

Whereas, fiscal year 2001-2002 promises to be an extraordinarily difficult year for many important and worthwhile state programs because of agency base budget reductions; and

Whereas, the long established practice of adding new permanent law, i.e., Part II's in what should be a temporary spending measure has sometimes had the effect of increasing appropriations above what they would otherwise be if the permanent law measure had been fully vetted and debated in the committee process; and

Whereas, in this year of base budget cuts it is essential that the House of Representatives take no action that would require increased

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, express the sense of the House of Representatives that no permanent law, i.e., Part II's, should be included in H. 3687, the general appropriations bill for fiscal year 2001-2002, when the bill is under consideration in the House beginning March 12, 2001.

Rep. CAMPSEN explained the Resolution.

Rep. HARRELL spoke in favor of the Resolution.
Rep. JENNINGS spoke against the Resolution.
Rep. CAMPSEN spoke in favor of the Resolution.
Rep. KENNEDY spoke against the Resolution.
Rep. SHEHEEN spoke in favor of the Resolution.
Rep. J. E. SMITH spoke in favor of the Resolution.

The SPEAKER granted Rep. RHOAD a temporary leave of absence.

Rep. SCOTT spoke against the Resolution.

The question then recurred to the adoption of the Resolution.

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

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bales                  Barfield               Barrett
Bingham                Bowers                 Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Freeman                Frye                   Hamilton

Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McGee
McLeod                 Merrill                Owens
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
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                  White                  Wilkins
Witherspoon            Young, A.              Young, J.

Those who voted in the negative are:

Lee                    Moody-Lawrence         Rivers
Rutherford             Smith, F.N.

So, the Resolution was adopted.

The following was introduced:

H. 3691 (Word version) -- Rep. Scarborough: A CONCURRENT RESOLUTION EXTENDING HEARTY CONGRATULATIONS TO LEGARE HAY FOR CAPTURING THE STATE CHAMPIONSHIP TITLE FOR THE

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

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

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Gourdine               Govan
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              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                 Merrill                Miller
Moody-Lawrence         Neal, J.M.             Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Rivers                 Robinson
Rodgers                Rutherford             Sandifer
Scarborough            Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, J.E.            Smith, J.R.
Snow                   Stille                 Stuart

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

I came in after the roll call and was present for the Session on Thursday, March 8.

Doug Smith                        Ralph Davenport
G. Murrell Smith                  Jeff Young
Bill Cotty                        Fletcher Smith
Richard Quinn                     Joseph Neal

The SPEAKER granted Rep. MEACHAM-RICHARDSON a leave of absence due to the death of her father.

Reps. GOVAN and WEEKS signed a statement with the Clerk that they came in after the roll call of the House and was present for the Session on Wednesday, March 7.

Announcement was made that Dr. William L. Brannon of Columbia is the Doctor of the Day for the General Assembly.

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

Bill Number:   H. 3669 (Word version)
Date:   ADD:
03/08/01   WILKINS

Bill Number:   H. 3252 (Word version)
Date:   ADD:
03/08/01   SINCLAIR

Bill Number:   H. 3252 (Word version)
Date:   ADD:
03/08/01   ROBINSON

Bill Number:   H. 3252 (Word version)
Date:   ADD:
03/08/01   RICE

Bill Number:   H. 3252 (Word version)
Date:   ADD:
03/08/01   SIMRILL

Bill Number:   H. 3048 (Word version)
Date:   ADD:
03/08/01   KNOTTS

Bill Number:   H. 3542 (Word version)
Date:   ADD:
03/08/01   KNOTTS

Bill Number:   H. 3515 (Word version)
Date:   ADD:
03/08/01   KNOTTS

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/08/01   HINSON

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/08/01   GOURDINE

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/08/01   A. YOUNG

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/08/01   MARTIN

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/08/01   THOMPSON

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/08/01   CHELLIS

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/08/01   MERRILL

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/08/01   TRIPP

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/08/01   DANTZLER

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/08/01   OWENS

Rep. HARRELL moved that when the House adjourns today that it adjourn to meet in local session on Friday, March 9, 2001, to convene at 11:00 a.m., Monday, March 12, 2001, in Statewide Session, which was agreed to.

Rep. HARRELL moved that H. 3689, a Supplemental Appropriation Bill for fiscal year 2001-2002, be set for Special Order immediately after third reading of H. 3687, the General Appropriation Bill for fiscal year 2001-2002, and continue each day thereafter until given a second reading, which was agreed to.

Rep. HARRELL moved that while debating H. 3689, a Supplemental Appropriation Bill for fiscal year 2001-2002, the Bills on the Calendar be printed by number only, which was agreed to.

Rep. HARRELL moved that H. 3688, a Bill authorizing the Bonded Indebtedness of the State, be set for Special Order immediately after second reading of H. 3689, which was agreed to.

Rep. HARRELL moved that while debating H. 3688, a Bill authorizing the Bonded Indebtedness of the State, the Bills on the Calendar be printed by number only, which was agreed to.

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

H. 3672 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING AIKEN COUNTY TO THE GOVERNING BODY OF AIKEN COUNTY AND TO PROVIDE EXCEPTIONS.

H. 3542 (Word version) -- Reps. Allison, Cotty, McCraw, J. R. Smith and Knotts: A JOINT RESOLUTION TO PROVIDE THAT LAPSED FUNDS OF THE DEPARTMENT OF EDUCATION INCLUDING EIA FUNDS FOR FISCAL YEAR 2000-2001 AND PRIOR YEARS MUST BE USED BY THE DEPARTMENT FOR STIPULATED PRIORITY EXPENDITURES AND TO PROVIDE THAT FUNDS APPROPRIATED FOR EIA TEACHER SALARIES AND RELATED FRINGE BENEFITS ARE EXEMPT FROM ANY REQUIRED SPENDING REDUCTIONS.

Rep. J. R. SMITH explained the Joint Resolution.

H. 3436 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 2-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS OF THE LEGISLATIVE AUDIT COUNCIL AND THEIR CONFIDENTIALITY PRIOR TO PUBLICATION OF THE FINAL AUDIT REPORT, SO AS TO PROVIDE THAT ALL RECORDS AND AUDIT WORKING PAPERS OF THE LEGISLATIVE AUDIT COUNCIL ARE CONFIDENTIAL AT ALL TIMES.

Rep. CAMPSEN explained the Bill.

Rep. CAMPSEN explained the Joint Resolution.

On motion of Rep. J. R. SMITH, with unanimous consent, it was ordered that H. 3672 (Word version) be read the third time tomorrow.

On motion of Rep. J. R. SMITH, with unanimous consent, it was ordered that H. 3542 (Word version) be read the third time tomorrow.

On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that H. 3436 (Word version) be read the third time tomorrow.

On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that S. 207 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3669 (Word version) -- Reps. Bales, Knotts, Allen, Allison, Altman, Askins, 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, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw,

Reps. CAMPSEN and BALES proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1269DW01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 59-104-20 of the 1976 Code, as last amended by Act 289 of 2000, is further amended by adding at the end:

"If a student as a senior in high school was eligible to receive a Palmetto Fellows Scholarship but chose to attend an out-of-state college or university, he again becomes eligible if he transfers to an eligible institution of higher learning after his freshman year at the out-of-state institution and if he achieved at least a 3.0 grade point average on a 4.0 scale for thirty or more credit hours."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to conform.

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

Rep. CAMPSEN proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20291SD01), which was ruled out of order:
Amend the bill, as and if amended, by adding the following new sections to be appropriately numbered:

/( )   Beginning with Palmetto Fellows Scholarship awards for school year 2001-2002, Palmetto Fellows Scholarship Funds shall not be allocated to individual higher education institutions or between public and independent institutions but instead shall be awarded from funds provided for this scholarship by the General Assembly to students based on academic criteria established by the Commission on Higher Education. These students may then use these scholarship funds to attend any institution of higher learning in this State."
SECTION   ____.   Section 59-143-30 of the 1976 Code, as added by Act 458 of 1996, is amended to read:

"Section 59-143-30.   (1) Of the funds made available for higher education scholarship grants from the higher education scholarship grant allocation under Section 59-143-10 of the 1976 Code for any year, a percentage thereof must be allocated for higher education scholarships and grants for students attending South Carolina independent colleges of higher learning in this State. This percentage shall be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time (FTE) enrollment of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission.

(2) The allocation each year to students at the South Carolina independent colleges under item (1) above shall be used to provide tuition grants under Chapter 113 of Title 59 of the 1976 Code, and Palmetto Fellows Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act. Of the funds allocated to independent college students, fifty percent shall be awarded for South Carolina Tuition Grants and fifty percent shall be awarded under the Palmetto Fellows Program. The funds allocated for South Carolina Tuition Grants to South Carolina independent colleges students under this subsection shall be included in the annual appropriation to the Commission on Higher Education and transferred annually into the budget of the South Carolina Tuition Grants Commission in the amount prescribed in item (1) above. The funds allocated for Palmetto Fellows Scholarships to South Carolina independent college students under this subsection shall be included in the annual appropriation to the

(3)   Independent colleges for purposes of this subsection means those institutions eligible to participate in the South Carolina Tuition Grants Program as defined by Section 59-113-50.

(4)   Public institutions shall receive the remaining allocation each year of the funds made available for higher education scholarship grants under Section 59-143-10. One-half shall be used to provide higher education need-based grants as provided for in this act or otherwise provided for in state law, and one-half shall be combined together with the Palmetto Fellows allocation for independent institutions and used to provide Palmetto Fellows Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act.

(5)   The maximum amount of funding provided for awards to students attending South Carolina independent colleges from the Children's Education Endowment Fund for South Carolina Tuition Grants and Palmetto Fellows Scholarships shall not exceed the percentage funding calculation described under item (1) above.

(6)   Beginning with Palmetto Fellows Scholarship awards for school year 2001-2002 and thereafter, the allocation for Palmetto Fellows Scholarship grants for public institutions and independent institutions under this section shall not be allocated between public and independent institutions but instead shall be pooled into one sum of money and awarded and used as provided in Section 59-104-20."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

Rep. KENNEDY raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. CAMPSEN argued contra.
SPEAKER WILKINS stated that the amendment attempted to change the allocation of state funds going to public and private schools. He stated further that the amendment was in violation of the substantial

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

On motion of Rep. BALES, with unanimous consent, it was ordered that H. 3669 (Word version) be read the third time tomorrow.

The following Bill was taken up:

S. 235 (Word version) -- Senators McConnell and Branton: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.

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

The following Bill was taken up:

H. 3286 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS OF ONE HUNDRED DOLLARS OR LESS FROM TWENTY-FIVE DOLLARS TO THIRTY DOLLARS.

Rep. EASTERDAY explained the Bill.

Rep. J. BROWN 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.

The following Bill was taken up:

H. 3048 (Word version) -- Reps. Campsen, Delleney, Littlejohn, Davenport, Altman, Clyburn, Simrill, Owens, Robinson, Loftis, Leach, Hamilton, Vaughn and Knotts: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS AND CHARACTER EDUCATION ACT OF 2001" TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS OR CHARACTER INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.

Rep. COTTY 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.

The following Bill was taken up:

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J. M. Neal, Phillips, Rice, Riser, Simrill, D. C. Smith, W. D. Smith, Snow, Talley, Taylor,

Rep. MOODY-LAWRENCE 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.

The following Bill was taken up:

H. 3366 (Word version) -- Reps. Snow, Altman, Bales, Barfield, Breeland, R. Brown, Campsen, Edge, Gilham, Harvin, Keegan, Kelley, Limehouse, Miller, Rodgers, Scarborough, Vaughn, Whatley and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-55 SO AS TO PROVIDE THAT NO OWNER OF AN INTEREST IN A VACATION TIME-SHARING UNIT MAY BE CHARGED AN UP-FRONT APPRAISAL FEE FOR THE RESALE OF HIS OWNERSHIP INTEREST BUT INSTEAD MAY ONLY BE CHARGED A MARKETING FEE OR COMMISSION UPON THE RESALE OF THE UNIT IN AN AMOUNT STIPULATED BY WRITTEN AGREEMENT BETWEEN THE OWNER AND HIS SALES AGENT, AND TO PROVIDE THAT ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION IS DEEMED TO HAVE COMMITTED AN UNFAIR TRADE PRACTICE AND IS SUBJECT TO ALL PENALTIES AND REMEDIES PROVIDED BY LAW FOR THIS VIOLATION.

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

The following Bill was taken up:

H. 3465 (Word version) -- Reps. Easterday, Allison, Altman, Barrett, G. Brown, Campsen, Cato, Chellis, Coleman, Davenport, Hamilton, Harrison, Haskins, Law, Leach, McLeod, Moody-Lawrence, Rice, Robinson, Sandifer, F. N. Smith, W. D. Smith, Stille, Tripp, Vaughn and A. Young: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.

Rep. LITTLEJOHN 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.

The following Bill was taken up:

H. 3439 (Word version) -- Reps. Wilkins, Cato and White: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY, SO AS TO PROVIDE THAT A PERSON MAY NOT BE APPOINTED OR CONTINUE TO SERVE ON THE BOARD, WHO IS OR BECOMES A MEMBER, ASSOCIATE, REPRESENTATIVE, OR EMPLOYEE OF A LABOR UNION IF THE PRINCIPAL ACTIVITIES OF THE UNION ARE PORTS-RELATED.

Rep. COBB-HUNTER spoke against the Bill.
Rep. MACK spoke against the Bill.

Rep. JENNINGS moved to commit the Bill to the Committee on Judiciary.

Rep. CATO moved to table the motion.

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

Those who voted in the affirmative are:

Allison                Bales                  Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Fleming
Frye                   Hamilton               Harrison
Haskins                Hinson                 Huggins
Keegan                 Kirsh                  Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  McCraw
McGee                  Merrill                Owens
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Talley                 Thompson               Townsend
Tripp                  Vaughn                 Walker
Webb                   White                  Wilkins
Young, A.              Young, J.

Those who voted in the negative are:

Askins                 Bowers                 Breeland
Brown, G.              Brown, R.              Carnell
Clyburn                Cobb-Hunter            Coleman

Emory                  Freeman                Gourdine
Govan                  Harvin                 Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Mack                   McLeod
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Phillips               Rivers                 Rutherford
Sheheen                Smith, F.N.            Smith, J.E.
Snow                   Weeks                  Whipper

So, the motion to commit the Bill was tabled.

Rep. CATO moved cloture on the entire matter, which was agreed to.

Rep. GOVAN spoke against the Bill.

The question then recurred to the passage of the Bill.

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

Those who voted in the affirmative are:

Allison                Bales                  Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Hamilton
Harrell                Harrison               Haskins
Hinson                 Huggins                Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  McCraw                 McGee
Merrill                Perry                  Phillips
Quinn                  Rice                   Riser

Robinson               Rodgers                Sandifer
Scarborough            Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Talley                 Thompson               Townsend
Tripp                  Vaughn                 Walker
Webb                   White                  Wilkins
Young, A.              Young, J.

Those who voted in the negative are:

Askins                 Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Carnell                Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Harvin                 Hines, J.              Hines, M.
Hosey                  Jennings               Kennedy
Lee                    Lloyd                  Mack
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Rivers                 Rutherford
Scott                  Sheheen                Smith, F.N.
Smith, J.E.            Snow                   Weeks
Whipper

So, the Bill was read the third time and ordered sent to the Senate.

Due to a constituent conflict I was not present to vote on H. 3439. If I had voted I would have voted 'yea'.

Rep. Marty Coates

The following Concurrent Resolution was taken up:

H. 3584 (Word version) -- Reps. McLeod, Koon, Ott, Rhoad, Bowers, Frye, Harvin, Jennings, Littlejohn, Riser, Sharpe, Snow, Stuart, Webb, Witherspoon,

Whereas, South Carolina's forest and wood products industry is a major contributor to the state's economy, generating over seven and one-half billion dollars annually and supporting twenty-six thousand jobs; and

Whereas, timber is South Carolina's leading cash crop with stumpage valued in excess of five hundred million dollars annually; and

Whereas, Canada provides government-owned timber to their lumber mills at rates far below market value, typically one-half to one-quarter of the actual timber value. This has given Canadian producers a tremendous competitive advantage; and

Whereas, these unfair practices have helped Canadian imports gain a thirty-seven percent share of the United States softwood lumber market; and

Whereas, highly subsidized lumber imports unfairly compete with South Carolina lumber companies and threaten to reduce the value of privately owned timberlands which represent seventy-two percent of the state's commercial forests; and

Whereas, the only protection for domestic lumber mills, jobs, and timber growers against these unfair market conditions is the United States - Canada Softwood Lumber Agreement on trade which will expire March 31, 2001. This agreement helps reduce the impact of the Canadian subsidiaries referenced above; and

Whereas, the value of standing timber, the viability of United States sawmills, and the role of forests in the southeast's economy will all decline if the United States - Canadian Softwood Lumber Agreement is allowed to expire. Now, therefore,

That the members of the South Carolina General Assembly memorialize the Congress and the President of the United States to extend the current United States - Canada Softwood Lumber Agreement scheduled to expire March 31, 2001, in order to maintain and encourage open and competitive sales of timber.

Be it further resolved that a copy of this resolution be forwarded to the United States House of Representatives, the Senate, the President of the United States, and each member of the South Carolina Congressional Delegation.

The Concurrent Resolution was adopted and sent to the Senate.

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

The Senate returned to the House with concurrence the following:

H. 3674 (Word version) -- Reps. Huggins, Bingham, Frye, Knotts, Koon, Riser and Stuart: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE HONORABLE RYAN C. SHEALY OF LEXINGTON, BELOVED FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3691 (Word version) -- Rep. Scarborough: A CONCURRENT RESOLUTION EXTENDING HEARTY CONGRATULATIONS TO LEGARE HAY FOR CAPTURING THE STATE CHAMPIONSHIP TITLE FOR THE HOOP SHOOT COMPETITION AND TO WISH HIM THE VERY BEST IN HIS UPCOMING COMPETITIONS.

H. 3556 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 15, 2001.

At 12:35 p.m. the House, in accordance with the motion of Rep. HASKINS, adjourned in memory of Dr. Jim Martin of Bob Jones University, Greenville, to meet at 10:00 a.m. tomorrow.

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