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


Printed Page 4693 . . . . . Monday, August 13, 2001

Monday, August 13, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 a.m.
Deliberations were opened with prayer by Rep. J. YOUNG 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 heads 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. Hear 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 Thursday, June 28, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. J. YOUNG moved that when the House adjourns, it adjourn in memory of John Malcom Brabham, Sr. of Sumter, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the recovery of Congressman Floyd Spence.

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. HARRISON moved that when the House adjourns it adjourn to meet at 9:30 a.m. tomorrow, which was agreed to.


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CONFIRMATION OF APPOINTMENT

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

August 9, 2001
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

STATEWIDE APPOINTMENT

State Ethics Commission
Term Commencing: June 30, 2001
Term Expiring: June 30, 2006
Seat: At-Large
Vice: Richard Vance Davis

Initial Appointment
Kenneth Charles Krawcheck, Esquire
Krawcheck & Davidson, LLC
Nine State Street
Charleston, South Carolina 29401
843-577-2577

Respectfully,
Jim Hodges
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

REGULATIONS RECEIVED

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

Document No. 2593
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10 et seq.
Nitrogen Oxides


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Received by Speaker of the House of Representatives
January 8, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 7, 2002

Document No. 2625
Agency: Commission on Higher Education
Statutory Authority: Act 512, Part 2, Section 9, Division 2, Subdivision C, Subpart 1(6), Act of Joint Resolution of SC, 1984
Student Loan Corporation
Received by Speaker of the House of Representatives
January 8, 2002
Referred to Ways and Means Committee
Legislative Review Expiration May 7, 2002

Document No. 2631
Agency: Department of Consumer Affairs
Statutory Authority: 1976 Code Section 40-68-20
Staff Leasing Services
Received by Speaker of the House of Representatives
January 8, 2002
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 7, 2002

REGULATION WITHDRAWN

Document No. 2603
Agency: Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-18-300, 59-18-310, and 59-18-320
End-of-Course Tests
Received by Speaker of the House of Representatives
March 21, 2001
Referred to Education and Public Works Committee
Withdrawn January 9, 2001

REPORTS OF STANDING COMMITTEE

Rep. HARRISON for the Committee on Judiciary, submitted a favorable report with amendments.
Rep. JENNINGS for the minority, submitted an unfavorable report on:


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H. 3003 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Harrison, Harrell, Cato, Townsend, Sharpe, A. Young, Campsen, Sandifer, Altman, Wilder, Stille, Clyburn, J. Young, Simrill, Walker and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-35 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 2002 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-25, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.
Ordered for consideration tomorrow.

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

H. 4182 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 7-19-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 2000.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4313 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. AND MRS. MILTON WEBB OF BEECH ISLAND ON THE CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY AS THEY RENEW THEIR MARRIAGE VOWS ON AUGUST 18, 2001.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4314 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION RECOGNIZING MS. LINDA Y. FOSTER OF RICHLAND COUNTY UPON HER RETIREMENT AS ASSISTANT MAIL AND SUPPLY CLERK FOR THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Whereas, Ms. Linda Y. Foster is the daughter of Mr. Charlie and Mrs. Rosa Lee Yon; and

Whereas, she is married to Mr. Charles William Taylor, and together they are the proud parents of two sons and the doting grandparents of three grandchildren; and

Whereas, Ms. Foster is a faithful member of Haskell Heights First Baptist Church in Richland County where she is an active member of the church's choir and Ministry of Helps; and

Whereas, she began her employment career with the South Carolina House of Representatives on May 3, 1977, has worked continuously with the House of Representatives since that date, and currently serves as Assistant Mail and Supply Clerk for the House of Representatives; and


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Whereas, it has been brought to the attention of the members of the House of Representatives that Ms. Foster is retiring from employment with the House of Representatives after more than twenty-four years of dedicated service; and

Whereas, it is fitting and proper for the members of the House of Representatives to pause in their deliberations to recognize Ms. Linda Y. Foster on the occasion of her retirement. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, recognize Ms. Linda Y. Foster of Richland County for more than twenty-four years of devoted service to the members of the House upon her retirement as Assistant Mail and Supply Clerk for the South Carolina House of Representatives.

Be it further resolved that a copy of this resolution be presented to Ms. Linda Y. Foster.

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. 4315 (Word version) -- Reps. Law, Merrill, Hinson, Dantzler and Gourdine: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO MEMBERSHIP OF THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE ELECTION OF AN AT-LARGE MEMBER IN NONPARTISAN ELECTIONS BEGINNING WITH THE GENERAL ELECTION IN 2002 AND EVERY FOUR YEARS THEREAFTER AND TO FURTHER PROVIDE THAT THE AT-LARGE MEMBER SHALL SERVE AS CHAIRMAN OF THE BOARD.
On motion of Rep. MERRILL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4317 (Word version) -- Rep. Altman: A JOINT RESOLUTION ESTABLISHING THE MOTOR VEHICLE SERVICES PRIVATIZATION FEASIBILITY STUDY COMMITTEE, PROVIDING FOR ITS


Printed Page 4699 . . . . . Monday, August 13, 2001

MEMBERSHIP AND DUTIES, AND REQUIRING THE COMMITTEE TO REPORT ITS FINDINGS WITH RECOMMENDATIONS, IF ANY, TO THE GENERAL ASSEMBLY AND GOVERNOR NO LATER THAN FEBRUARY 15, 2002.
Rep. ALTMAN asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. WHATLEY objected.
Referred to Committee on Education and Public Works

H. 4318 (Word version) -- Rep. Snow: A BILL TO AMEND CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PROPERTY, BY ADDING SECTION 16-11-960 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON OR GROUP ENGAGED IN ANY MUSICAL PRODUCTION OR THE PERFORMING ARTS TO USE THE NAME, TRADE NAME, GROUP NAME, STAGE NAME, OR TRADEMARK OF ANY OTHER PERSON OR GROUP NOW OR FORMERLY ENGAGED IN THE SAME OR SIMILAR MUSICAL PRODUCTION, AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 5, TITLE 39, RELATING TO UNFAIR TRADE PRACTICES, BY ADDING SECTION 39-5-38, SO AS TO PROVIDE THAT IS UNLAWFUL AND AN UNFAIR TRADE PRACTICE FOR ANY PERSON OR GROUP ENGAGED IN ANY MUSICAL PRODUCTION OR THE PERFORMING ARTS TO USE SUCH NAMES OR MARKS OF ANY OTHER PERSON OR GROUP NOW OR FORMERLY ENGAGED IN THE SAME OR SIMILAR MUSICAL PRODUCTION OR PERFORMING ARTS UNLESS THE RIGHT TO THE USE OF SUCH NAMES OR MARKS SHALL HAVE BEEN ACQUIRED, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary

H. 4322 (Word version) -- Rep. Altman: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 21, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT THAT BILLS AND JOINT RESOLUTIONS PASSED BY THE GENERAL ASSEMBLY, TO BECOME EFFECTIVE, MUST BE PRESENTED FOR APPROVAL TO THE GOVERNOR, THE VETO THE GOVERNOR MAY EXERCISE OVER LEGISLATIVE ENACTMENTS THUS PRESENTED, AND THE MEANS BY WHICH THE GENERAL ASSEMBLY MAY


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OVERRIDE THE GOVERNOR'S VETO, SO AS TO PROVIDE THAT NO PRESENTATION TO THE GOVERNOR IS REQUIRED FOR A LEGISLATIVE ENACTMENT TO BE EFFECTIVE WHICH APPORTIONS QUALIFIED ELECTORS AMONG THE GEOGRAPHICAL AREAS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES, SENATE, AND UNITED STATES HOUSE OF REPRESENTATIVES ARE ELECTED.
Referred to Committee on Judiciary

S. 766 (Word version) -- Senators Glover and Elliott: A BILL TO AMEND AN UNNUMBERED ACT OF 2001 BEARING RATIFICATION NUMBER 145, RELATING TO THE NAME AND GOVERNANCE OF MARION COUNTY SCHOOL DISTRICT SEVEN, SO AS TO CHANGE THE NAME OF THE DISTRICT TO LOWER MARION COUNTY SCHOOL DISTRICT THREE.
Referred to Marion Delegation

S. 769 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
On motion of Rep. ROBINSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

The following was introduced:

H. 4316 (Word version) -- Reps. Townsend, Cooper, Martin, Stille, Thompson and White: A HOUSE RESOLUTION TO COMMEND AND EXTOL ELDER CLAUDIA BURRISS WILLIFORD OF ANDERSON FOR HER LIFETIME OF DEVOTION TO GOD AND LEADERSHIP IN THE COMMUNITY THROUGH HER WORK AT SALEM PRESBYTERIAN CHURCH AND TO WISH HER MANY MORE YEARS OF DEDICATED SERVICE.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4319 (Word version) -- Rep. Leach: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES IS EXTENDED TO MR. GEORGE BENNETT ON TUESDAY, AUGUST 14, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF PRESENTING HIM THE ORDER OF THE PALMETTO.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to Mr. George Bennett on Tuesday, August 14, 2001, at a time to be determined by the Speaker, for the purpose of presenting him the Order of the Palmetto.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4320 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION OF INTERSTATE HIGHWAY 20 AND UNITED STATES HIGHWAY 15 IN LEE COUNTY THE "FELIX A. 'DOC' BLANCHARD INTERCHANGE" IN HONOR OF THE BISHOPVILLE NATIVE WHO SHARES HIS PLACE IN THE NATIONAL SPORTS SPOTLIGHT IN THE 1940'S WITH HIS PROUD HOME STATE OF SOUTH CAROLINA, AND TO ERECT APPROPRIATE SIGNS OR MARKERS CONTAINING THE WORDS "FELIX A. 'DOC' BLANCHARD INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


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CONCURRENT RESOLUTION

The following was introduced:

H. 4321 (Word version) -- Reps. Sheheen, Cotty, Lucas and J. M. Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS AT THE CAMDEN CITY LIMITS WHERE IT INTERSECTS WITH UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-HOME OF BASEBALL HALL-OF-FAMER MR. LARRY DOBY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, J.              Brown, R.
Campsen                Cato                   Chellis
Clyburn                Coates                 Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Leach                  Lee                    Lloyd
Loftis                 Lourie                 Lucas
Mack                   Martin                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Owens                  Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Monday, August 13.

G. Murrell Smith                  Marion Carnell
Ralph Davenport                   Ronald Fleming
James Law                         DeWitt McCraw
Becky Meacham-Richardson          Todd Rutherford
Fletcher Smith                    Lanny Littlejohn
H.B. "Chip" Limehouse             Creighton Coleman
Doug Smith                        Grady Brown
Alex Harvin

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. NEILSON a leave of absence for the day due to a car accident.

DOCTOR OF THE DAY

Announcement was made that Dr. Jim Reynolds of Columbia is the Doctor of the Day for the General Assembly.

S. 746--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 746 (Word version) -- Senators Wilson, Bauer, Courson and Patterson: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS AND ONE AT-LARGE DISTRICT FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.


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Reps. MCLEOD, RIVERS, J. BROWN, PARKS, BALES, R. BROWN, BOWERS and HOSEY requested debate on the Bill.

S. 746--DEBATE ADJOURNED

The following Bill was taken up:

S. 746 (Word version) -- Senators Wilson, Bauer, Courson and Patterson: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS AND ONE AT-LARGE DISTRICT FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.

Rep. QUINN explained the Bill.

Rep. QUINN moved to adjourn debate on the Bill until Wednesday, August 15, which was agreed to.

Rep. KELLEY moved that the House recede until 1:30 p.m., which was agreed to.

THE HOUSE RESUMES

At 1:30 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER J. M. NEAL IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

STATEMENT BY REP. HARRISON

Rep. HARRISON made a statement relative to reapportionment.

STATEMENT BY REP. JENNINGS

Rep. JENNINGS made a statement relative to reapportionment.

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


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ADJOURNMENT

At 5:30 p.m. the House, in accordance with the motion of Rep. J. YOUNG, adjourned in memory of John Malcom Brabham, Sr. of Sumter, to meet at 9:30 a.m. tomorrow.

***

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