Indicates Matter Stricken
Indicates New Matter

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

Our Father God, we bow in these moments of prayer in acknowledgment of our needs of Your help. We are insufficient of ourselves, burdened by many anxieties, tempted by many temptations, and often disheartened in our weakness. Stretch out before us wide horizons and strengthen our paths with Your truths. We pray for light enough to walk constructively through this day, for inner strength to carry heavy burdens, to uncompromising determination to follow Your beckoning, for ever to see Your way, and for wills to follow it fearlessly. Lord, in Your mercy, hear our prayer. 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.

Rep. KOON moved that when the House adjourns, it adjourn in memory of former Representative Ryan C. Shealy of Lexington, which was agreed to.

The following was received:

Columbia, S.C., March 6, 2001
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Abbeville County Master-in-Equity
Term Commencing: June 30, 2001
Term Expiring: June 30, 2007
Seat: Master-in-Equity

Reappointment
The Honorable Mr. Curtis G. Clark
Post Office Box 3045
Greenwood, South Carolina 29648
864-223-8907 Fax: 864-223-8917

Very respectfully,
President of the Senate
Received as information.

The following was received:

Columbia, S.C., March 6, 2001
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Lexington County Master-in-Equity
Term Commencing: January 1, 2001
Term Expiring: January 1, 2007
Seat: Master-in-Equity

Reappointment
The Honorable Clyde N. Davis, Jr.
1014 Lonsdale Drive
West Columbia, South Carolina 29170
803-359-8291 Fax: 803-359-8314

Very respectfully,
President of the Senate
Received as information.

Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3584 (Word version) -- Reps. McLeod, Koon, Ott, Rhoad, Bowers, Frye, Harvin, Jennings, Littlejohn, Riser, Sharpe, Snow, Stuart, Webb, Witherspoon, Sheheen, Lucas, Delleney, Coleman and Harrison: A CONCURRENT RESOLUTION TO 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.
Ordered for consideration tomorrow.

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

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.
Ordered for consideration tomorrow.

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

S. 207 (Word version) -- Senator Holland: A JOINT RESOLUTION TO REESTABLISH A TASK FORCE TO STUDY, MAKE RECOMMENDATIONS, AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ENSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.
Ordered for consideration tomorrow.

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

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.
Ordered for consideration tomorrow.

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

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.
Ordered for consideration tomorrow.

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

H. 3048 (Word version) -- Reps. Campsen, Delleney, Littlejohn, Davenport, Altman, Clyburn, Simrill, Owens, Robinson, Loftis, Leach, Hamilton and Vaughn: 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.
Ordered for consideration tomorrow.

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

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J. M. Neal, Phillips, Rice, Riser, Simrill, D. C. Smith, W. D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory and Sinclair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.
Ordered for consideration tomorrow.

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

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.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

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.
Ordered for consideration tomorrow.

The Senate sent to the House the following:

S. 230 (Word version) -- Senators Passailaigue, Moore, Drummond, Setzler, Alexander and Richardson: A CONCURRENT RESOLUTION INVITING THE HONORABLE JOHN S. MCCAIN, UNITED STATES SENATOR FROM ARIZONA, TO ADDRESS THE GENERAL ASSEMBLY ON THE ISSUE OF CAMPAIGN FINANCE REFORM IN JOINT SESSION AT A TIME MUTUALLY CONVENIENT FOR BOTH HOUSES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3671 (Word version) -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 37 SO AS TO PROVIDE THE "DO NOT CALL REGISTRY" AUTHORIZING THE DEPARTMENT OF CONSUMER AFFAIRS TO ESTABLISH A DATABASE OF RESIDENTIAL TELEPHONE SUBSCRIBERS WHO OBJECT TO RECEIVING CERTAIN TELEPHONE SOLICITATIONS, TO PROVIDE FOR THE OPERATION OF THE DATABASE BY THE DEPARTMENT, TO PROVIDE FOR FEES TO BE CHARGED TO RESIDENTIAL TELEPHONE SUBSCRIBERS WHO APPLY TO BE INCLUDED IN THE DATABASE AND TO PERSONS OR ENTITIES ACCESSING THE DATABASE, TO PROVIDE THAT THE FEES ARE USED TO MAINTAIN THE DATABASE, TO PROVIDE CIVIL PENALTIES FOR TELEPHONE SOLICITORS WHO CALL TELEPHONE NUMBERS ON THE REGISTRY MORE THAN ONCE IN A TWELVE-MONTH PERIOD, TO PROVIDE A STATUTE OF LIMITATIONS, AND TO PROVIDE THAT TELEPHONE CALLER IDENTIFICATION SERVICES ARE NOT LIABLE FOR VIOLATIONS OF THIS CHAPTER AND TELEPHONE COMPANIES ARE NOT RESPONSIBLE FOR THE CHAPTER'S ENFORCEMENT OR LIABLE FOR ERRORS OR OMISSIONS IN THE DATABASE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD THE DATABASE ESTABLISHED PURSUANT TO THIS CHAPTER; AND TO AMEND SECTION 16-17-445, AS AMENDED, RELATING TO THE REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO REFERENCE THE REQUIREMENTS OF THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry

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.
On motion of Rep. SHARPE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3673 (Word version) -- Reps. Limehouse, Wilkins, Harrell, Simrill, Allison, Barrett, Bingham, Campsen, Chellis, Easterday, Harrison, Haskins, Hinson, Keegan, Kelley, Law, Leach, Littlejohn, Lucas, Martin, Merrill, Owens, Rice, Riser, Sandifer, Scarborough, D. C. Smith, J. R. Smith, W. D. Smith, Vaughn, A. Young and J. Young: A BILL TO AMEND SECTION 7-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER OF FILLING VACANCIES IN THE OFFICE OF UNITED STATES SENATOR, SO AS TO PROVIDE THAT THE GOVERNOR MAY FILL THE VACANCY BY APPOINTMENT OF A PERSON WHO HAS DECLARED HIMSELF TO BE A MEMBER OF THE SAME POLITICAL PARTY AS THE IMMEDIATELY PRECEDING SENATOR WHO VACATED THE OFFICE, AND DECLARED HIS INTENTION IN SUCH AFFIDAVIT TO SERVE IN THE OFFICE AS A MEMBER OF THAT POLITICAL PARTY.
Referred to Committee on Judiciary

S. 70 (Word version) -- Senators Hayes, Elliott, Reese and Branton: A BILL TO AMEND SECTION 2-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE CODE COMMISSIONER, SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE IF THESE OPINIONS AFFECT THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES.
Referred to Committee on Judiciary

S. 134 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.
Referred to Committee on Judiciary

S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.
Referred to Committee on Judiciary

S. 249 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-24 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL IN THE GILLS CREEK WATERSHED IN LANCASTER COUNTY WITHIN THREE HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 320 (Word version) -- Senators Gregory, Peeler and Drummond: A BILL TO AMEND SECTION 50-11-2300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING OF THE OPERATION GAME THIEF PROGRAM, SO AS TO PROVIDE FOR ADDITIONAL FUNDING FROM THE SALE OF OPERATION GAME THIEF PARAPHERNALIA AND TO AMEND SECTION 50-11-2310, RELATING TO PURPOSES FOR WHICH PROGRAM FUNDS MAY BE EXPENDED, SO AS TO PROVIDE FOR REWARD PAYMENTS FOR INFORMATION LEADING TO THE ARREST OF PERSONS FOR VIOLATIONS OF NATURAL RESOURCE LAWS, AND TO PROVIDE THAT PROGRAM FUNDS MAY BE EXPENDED FOR OPERATIONAL IMPROVEMENTS TO THE "PROPERTY WATCH PROGRAM", THE "COASTAL WATCH PROGRAM", AND OTHER PROGRAMS WITHIN THE OPERATION GAME THIEF PROGRAM AND TO ENHANCE PUBLIC INVOLVEMENT IN THE PROTECTION OF NATURAL RESOURCES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 365 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ANNUITY MORTALITY TABLES FOR USE IN DETERMINING RESERVE LIABILITIES FOR ANNUITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2553, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 366 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2528, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 367 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2525, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 394 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.
Referred to Committee on Judiciary

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Delleney               Edge
Emory                  Fleming                Freeman
Frye                   Gourdine               Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Owens                  Parks
Perry                  Phillips               Rhoad
Rice                   Riser                  Rivers
Rodgers                Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

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

William Bowers                    Michael Easterday
Alfred Robinson                   Todd Rutherford
Dwight Loftis                     Bill Cotty
Ralph Davenport                   Douglas Jennings
Richard Quinn

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

Announcement was made that Dr. B. E. Nicholson of Edgefield is the Doctor of the Day for the General Assembly.

Rep. WEBB presented to the House officials and students from Clemson University for the recognition of recent accolades awarded to the university.

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."

Bill Number:     H. 3644 (Word version)
Date:     ADD:
03/07/01     ALTMAN

Bill Number:     H. 3252 (Word version)
Date:     ADD:
03/07/01     VAUGHN

Bill Number:     H. 3252 (Word version)
Date:     ADD:
03/07/01     BARRETT

Bill Number:     H. 3568 (Word version)
Date:     REMOVE:
03/07/01     THOMPSON

Rep. HARRELL moved that H. 3687, the General Appropriation Bill for fiscal year 2001-2002, be set for Special Order on Monday, March 12, 2001, immediately after the call of the third reading statewide contested Calendar and immediately after roll call every day thereafter, and continue each day until given a second reading, and the Bill be set for Special Order for third reading immediately following the roll call and continue each day until final disposition, which was agreed to.

Rep. HARRELL moved that while debating H. 3687, the General Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.

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

H. 3309 (Word version) -- Reps. Cobb-Hunter and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.

H. 3425 (Word version) -- Reps. Knotts, Rhoad, Whatley and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-202 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986, TO ADOPT THIS FEDERAL LAW AS THE LAW OF THIS STATE, AND TO PROVIDE FOR AN EXCEPTION.

The following Bill was taken up:

H. 3141 (Word version) -- Reps. Wilkins, Harrison, Delleney, Sandifer, Whatley, Simrill, Walker, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND REVISE THE COMPOSITION OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION WHOSE NAME HAS BEEN CHANGED TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND THE CONTENTS OF ITS ANNUAL REPORT; TO AMEND SECTION 24-26-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF GENERAL POLICIES AND APPROVAL OF ADVISORY GUIDELINES BY THE SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE COMMISSION'S ADVISORY GUIDELINES MUST BE APPROVED BY THE GENERAL ASSEMBLY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", TO AMEND TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS AFFAIRS, SO AS TO PROVIDE THAT CERTAIN MILITARY PERSONNEL WHO ARE SENTENCED TO CONFINEMENT SHALL SERVE THE FULL TERM OF THE CONFINEMENT UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.

Rep. HARRISON demanded the yeas and nays on the passage of the Bill which were taken, resulting as follows:

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Bingham
Bowers                 Carnell                Cato
Chellis                Coates                 Coleman
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Hamilton               Harrell
Harrison               Haskins                Hayes
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Law                    Leach
Limehouse              Littlejohn             Lourie
Lucas                  Martin                 McGee
McLeod                 Merrill                Miller
Neal, J.M.             Ott                    Owens
Perry                  Phillips               Rhoad
Rice                   Riser                  Rivers
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               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Those who voted in the negative are:

Breeland               Brown, G.              Brown, R.
Clyburn                Cobb-Hunter            Gourdine
Govan                  Harvin                 Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Mack                   Moody-Lawrence
Neal, J.H.             Parks                  Rutherford
Scott                  Weeks                  Whipper

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

I would have voted for H. 3141 however, I was detained from getting to my desk to vote.

Rep. Ronald Townsend

The following Joint Resolution was taken up:

H. 3542 (Word version) -- Reps. Allison, Cotty, McCraw and J. R. Smith: 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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20274SD01), which was adopted:
Amend the joint resolution, as and if amended, in Section 1 by inserting after /lapsed/ on line 24, page 1 /Education Improvement Act (EIA)/.
When amended Section 1 shall read:
"SECTION     1.     Notwithstanding any other provision of law, any lapsed Education Improvement Act (EIA) funds, to include unexpended appropriated funds or revenue in excess of appropriations in the Education Improvement Act (EIA) fund, in the current fiscal year or in any prior fiscal year must first be used and are authorized to be used by the Department of Education in the following priority order:

(1)     to offset an official EIA revenue shortfall declared by the Board of Economic Advisors;

(2)     to fund any school district's appropriation deficit in EIA teacher salary supplement, teacher salary supplement fringe, or National Board Certification Incentives;

(3)     the remaining lapsed funds must be used in accordance with Section 59-21-420 of the 1976 Code. Furthermore, in the event an official EIA revenue shortfall is declared, funds appropriated for EIA teacher salaries and related fringe benefits in the 2000-2001 general appropriations act are exempt from any reduction required to offset the shortfall."
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.

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

Rep. SCOTT made the Point of Order that the Joint Resolution 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. 3633 (Word version) -- Reps. D. C. Smith and J. R. Smith: A BILL TO AMEND SECTION 5-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT TAXES BY A MUNICIPALITY, SO AS TO PROVIDE THAT A DELINQUENT TAX SALE TO COLLECT MUNICIPAL TAXES AND HELD IN CONJUNCTION WITH A DELINQUENT TAX SALE TO COLLECT COUNTY TAXES MAY TAKE PLACE AT THE PUBLIC PLACE IN THE COUNTY THAT IS DESIGNATED BY THE COUNTY, INSTEAD OF BEING REQUIRED TO TAKE PLACE IN THE MUNICIPALITY.

Rep. J. R. SMITH explained the Bill.

Reps. F. N. SMITH, WHIPPER, LEE, J. H. NEAL, BREELAND, GOVAN, RUTHERFORD, J. R. SMITH, ALTMAN, CAMPSEN, PERRY, HARRELL, LIMEHOUSE, SCARBOROUGH, MOODY-LAWRENCE and D. C. SMITH requested debate on the Bill.

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, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, 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 BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT A STUDENT ELIGIBLE TO RECEIVE SUCH A SCHOLARSHIP WHO CHOOSES TO ATTEND AN OUT-OF-STATE INSTITUTION MAY AGAIN BECOME ELIGIBLE UNDER CERTAIN CONDITIONS, IF HE TRANSFERS TO A PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE.

Rep. CAMPSEN 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. 3687 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING JULY 1, 2001, TO REGULATE THE EXPENDITURE OF THESE FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. HARRELL 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. 3688 (Word version) -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS, ALLOW THE APPLICATION OF AMOUNTS AVAILABLE TO TWO AND FOUR-YEAR COLLEGES AND UNIVERSITIES FOR DEFERRED MAINTENANCE UNDER THESE AUTHORIZATIONS TO BE APPLIED TO CAPITAL PROJECTS AUTHORIZED FOR THESE INSTITUTIONS, SPECIFY ACTIONS OF THE JOINT BOND REVIEW COMMITTEE WITH RESPECT TO THESE BONDS, CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED IN THIS SECTION, TO PROVIDE FOR THE USE OF PROCEEDS OF ANY SALE OF THE PROPERTY OF THE CAROLINA FARMERS' MARKET AND ESTABLISH AN ACCOUNT TO RETAIN SUCH PROCEEDS, TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THESE AUTHORIZATIONS, AND TO AMEND SECTION 11-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT REVENUES CREDITED TO THAT FUND FOR A FISCAL YEAR ARE DEEMED GENERAL FUND REVENUES FOR THE PURPOSES OF CALCULATING THE STATE'S CONSTITUTIONAL LIMIT ON BONDED INDEBTEDNESS, AND CALCULATING AMOUNTS REQUIRED TO BE CREDITED TO THE GENERAL RESERVE FUND AND CAPITAL RESERVE FUND.

Rep. HARRELL 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 Joint Resolution was taken up:

H. 3689 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE A SUPPLEMENTAL APPROPRIATION FROM THE LOCAL GOVERNMENT FUND FOR FISCAL YEAR 2001-2002 ONLY, TO BE USED FOR THE SILVER CARD PROGRAM.

Rep. HARRELL made the Point of Order that the Joint Resolution 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, read the third time, and ordered sent to the Senate:

H. 3100 (Word version) -- Reps. Simrill and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-750 SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILLFULLY REPLACES A MOTOR VEHICLE'S INFLATABLE RESTRAINT SYSTEM WITH AN OBJECT WHICH IS NOT DESIGNED IN ACCORDANCE WITH FEDERAL SAFETY REGULATIONS IS GUILTY OF A CRIME, AND TO PROVIDE CERTAIN PENALTIES.

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

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

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.

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

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Gourdine               Hamilton
Harrell                Harrison               Haskins
Hayes                  Hines, J.              Hinson
Huggins                Jennings               Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Neal, J.M.             Owens
Perry                  Phillips               Rhoad
Rice                   Riser                  Rivers
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Walker                 Webb
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Those who voted in the negative are:

Breeland               Brown, G.              Brown, J.
Brown, R.              Cobb-Hunter            Coleman
Hines, M.              Howard                 Kennedy
Lloyd                  Mack                   Moody-Lawrence
Neal, J.H.             Parks                  Rutherford
Scott                  Smith, J.E.            Weeks
Whipper

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

Due to confusion related to the voting board displaying the wrong bill number, I voted "aye" on H. 3439 when I intended to vote "nay".

Rep. Doug Jennings

Due to confusion related to the voting board displaying the wrong bill number, I voted "aye" on H. 3439 when I intended to vote "nay".

Rep. Bill Bowers

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

The following was introduced:

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.

Whereas, the members of the General Assembly are deeply saddened to learn of the death of the Honorable Ryan C. Shealy of Lexington, who passed away on March 5, 2001; and

Whereas, Ryan Shealy was born in 1923, the son of the late Thomas C. and Una Lee Fink Shealy of Leesville. Mr. Shealy was married to Elsie Elizabeth Porth for nearly fifty-four years. Their family includes five children, Sherry Martschink Spence of Mt. Pleasant, Rodney Ryan Shealy of Irmo, Christy S. Mills of Prosperity, S. Shawn Shealy of Lexington, and Lorri Shealy Unumb of Arlington, Virginia, and nine grandchildren; and

Whereas, in 1942, Ryan Shealy joined the United States Navy, seeing action in the Pacific campaign including the liberation of the Philippine Islands. He was wounded in action and honorably discharged in 1947; and

Whereas, he graduated from the University of South Carolina in 1954 and was elected to the House of Representatives that same year beginning a distinguished six term tenure representing Lexington County; and

Whereas, Mr. Shealy earned his law degree from the University of South Carolina Law School and served as an assistant United States Attorney from 1969 to 1974 and then returned to private practice; and

Whereas, Mr. Shealy was elected to three terms as state Senator and retired in 1992. Ryan Shealy ardently championed many causes in his legislative career. He promoted the Midlands, sponsored the first lottery legislation, and advocated many other important pieces of legislation; and

Whereas, Ryan Shealy was a strong spokesman for Lexington County. Through his efforts the Columbia Metropolitan Airport was developed in Springdale and Lexington Medical Center began. He supported many community activities from the Lexington County Field Day to the Miss Lexington County Pageant; and

Whereas, Ryan Shealy was a member of St. Peter's Lutheran Church where he taught Sunday School, served on the church council, sang in the choir, and was an adviser to the Luther League; and

Whereas, the General Assembly will always fondly remember that Ryan Shealy and his daughter, Sherry Shealy Martschink Spence served together in the Senate, notably the only legislative father-daughter duo in the nation; and

Whereas, the members of the South Carolina General Assembly want Ryan Shealy's family and his many friends to know that they are uppermost in the members' thoughts and prayers. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, express profound sorrow upon the death of the Honorable Ryan C. Shealy of Lexington County, beloved former member of the House of Representatives and Senate and extend their deepest sympathy to his family and friends.

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

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

The following was introduced:

H. 3675 (Word version) -- Reps. Townsend, Cooper, Martin, Stille, Thompson, Tripp and White: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY 247 BRIDGE THAT CROSSES THE SALUDA RIVER IN ANDERSON COUNTY IN HONOR OF V. LANIEL CHAPMAN, FORMER CHAIRMAN OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION COMMISSION, AND TO ERECT APPROPRIATE SIGNS OR MARKERS TO REFLECT THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3676 (Word version) -- Reps. Bowers and Simrill: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF A MOTOR VEHICLE LICENSE PLATE AND REGISTRATION FOR A REFUND OR CREDIT OF PROPERTY TAXES PAID ON THE VEHICLE TO ANOTHER, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO ASSIGNS THE LEASE OR SURRENDERS THE LEASED VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID IF THE TERMS OF THE LEASE MADE THE LESSEE PRIMARILY LIABLE FOR THE PROPERTY TAX AND THE LESSEE IN FACT PAID THE TAX.
Referred to Committee on Ways and Means

H. 3677 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND CHAPTER 11 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANK DEPOSITS, BY ADDING SECTION 34-11-105 SO AS TO PROVIDE FOR A WORTHLESS CHECK UNIT OF THE CIRCUIT SOLICITOR'S OFFICE, DEFERRED PROSECUTION FOR ISSUING A FRAUDULENT CHECK, CONDITIONED UPON VOLUNTARY SURRENDER AND PAYMENT OF FEES AND RESTITUTION, AND DISTRIBUTION OF MONIES RECEIVED.
Referred to Committee on Judiciary

H. 3678 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.
Referred to Committee on Education and Public Works

H. 3679 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1552 SO AS TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD IS THE GUIDING PRINCIPLE IN RESOLVING CHILD CUSTODY AND VISITATION DISPUTES, TO PROVIDE THAT THE BEST INTERESTS OF THE CHILD ARE SERVED WHEN THE CHILD'S RELATIONSHIP WITH EACH PARENT IS EQUALLY PROMOTED AND ENCOURAGED, TO PROVIDE THAT THE COURT MUST STRIVE TO EQUALIZE EACH PARENT'S TIME WITH AND OPPORTUNITIES TO BE INVOLVED IN THE CHILD'S LIFE, AND TO PROVIDE THAT JOINT CUSTODY IS NOT REQUIRED BY THIS SECTION NOR MAY VISITATION AWARDED IN ACCORDANCE WITH THIS SECTION BE CONSTRUED AS JOINT CUSTODY.
Referred to Committee on Judiciary

H. 3680 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CHANGE THE DATES FOR OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 4.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3681 (Word version) -- Reps. Kelley, Robinson, Keegan, Cooper and White: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO INCREASE THE MINIMUM CONTRIBUTION FROM FOUR AND ONE QUARTER PERCENT OF COMPENSATION TO FIVE PERCENT OF COMPENSATION; TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS, SO AS TO EXTEND ELIGIBILITY IN THAT PROGRAM TO EMPLOYEES OF THE STATE, INCLUDING EMPLOYEES OF TWO AND FOUR-YEAR STATE SUPPORTED INSTITUTIONS OF HIGHER EDUCATION, AND TECHNICAL COLLEGES; AND TO REPEAL, EFFECTIVE JULY 1, 2002, THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.
Referred to Committee on Ways and Means

H. 3682 (Word version) -- Reps. Kelley, Barfield, Cooper, Edge, Keegan and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT FAILURE BY A MEMBER OF A COUNTY REGISTRATION BOARD, A COMBINED ELECTION AND REGISTRATION COMMISSION, OR A COUNTY ELECTION COMMISSION TO COMPLETE OR MAKE SATISFACTORY PROGRESS TOWARD COMPLETING THE MANDATORY TRAINING AND CERTIFICATION REQUIREMENTS APPLICABLE TO THESE OFFICIALS CONSTITUTES NEGLECT OF DUTY FOR WHICH THE MEMBER MUST BE REMOVED FROM OFFICE BY THE GOVERNOR, AND TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT TO THE GOVERNOR AND THE LEGISLATIVE DELEGATION OR OTHER RECOMMENDING AUTHORITY THE PROGRESS OF EACH OF THESE OFFICIALS TOWARD COMPLETION OF THESE TRAINING AND CERTIFICATION REQUIREMENTS.
Referred to Committee on Judiciary

H. 3683 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO REQUIRE ANNUAL STATE BUDGET AND CONTROL BOARD APPROVAL OF THE NEXT CALENDAR YEAR'S PLAN OF BENEFITS, ELIGIBILITY, AND CONTRIBUTIONS BY AUGUST FIFTEENTH PRECEDING THE CALENDAR YEAR RATHER THAN OCTOBER FIRST.
Referred to Committee on Ways and Means

Rep. COBB-HUNTER moved that the House do now adjourn, which was agreed to.

At 11:35 a.m. the House, in accordance with the motion of Rep. KOON, adjourned in memory of former Representative Ryan C. Shealy of Lexington, to meet at 10:00 a.m. tomorrow.

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