Indicates Matter Stricken
Indicates New Matter

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

Time, a free gift from Your hand, Lord, moves on. Each day is different and can be special. Help us to make this day a labor of service to our God and to our fellowbeings, done in Your Name. As we work, make us thankful for the assurance of Your presence. Give us the strength to face any and every need, secure in the knowledge that You are with us. Nourish and sustain us this day so that we possess a conscience free of all guilt and shame. To You, Lord God, we give our praise and thanksgiving. 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. BARFIELD moved that when the House adjourns, it adjourn in memory of Dr. R. Cathcart Smith, which was agreed to.

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

January 18, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Department of Consumer Affairs the Members of the House of Representatives are invited to a breakfast.

Rep. MILLER, from the Georgetown Delegation, submitted a favorable report on:

S. 150 (Word version) -- Senators McGill and Ravenel: A BILL TO AMEND ACT 515 OF 1996, RELATING TO DEVOLUTION OF AUTHORITY FOR APPOINTMENTS TO CERTAIN OFFICES, BOARDS AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED APPOINTMENT POWER TO THE DELEGATION FOR THE GEORGETOWN COUNTY TRANSPORTATION COMMISSION.
Ordered for consideration tomorrow.

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

H. 3109 (Word version) -- Reps. J. Brown and Clyburn: A BILL TO AMEND SECTION 40-15-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH DENTAL HYGIENISTS MAY MONITOR NITROUS OXIDE ANESTHESIA, SO AS TO APPLY SUCH MONITORING TO NITROUS OXIDE INHALATION CONSCIOUS SEDATION.
Ordered for consideration tomorrow.

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

H. 3052 (Word version) -- Reps. W. D. Smith, Harrison, Whatley and Cotty: A BILL TO AMEND SECTION 2-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION ANNOUNCING AND PUBLICIZING JUDICIAL VACANCIES, SO AS TO PROVIDE THAT THE COMMISSION, IN TIMELY FASHION, MUST SEND

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

H. 3107 (Word version) -- Reps. Huggins, W. D. Smith, Knotts and Bingham: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, TO PROVIDE THAT MAGISTRATES HAVE CONCURRENT JURISDICTION OF INTERPLEADER ACTIONS FILED OVER CLAIMS OF DISPUTED REAL ESTATE EARNEST MONEY; AND TO ADD SECTION 22-3-15 PROVIDING, NOTWITHSTANDING ANY RULE OF COURT OR PROVISION OF LAW, THAT INTERPLEADER ACTIONS ARISING FROM REAL ESTATE EARNEST MONEY DISPUTES WHICH DO NOT EXCEED THE JURISDICTIONAL LIMIT OF MAGISTRATES COURT MAY BE FILED IN THAT COURT, TO PROVIDE SUBSTANTIALLY THE FORM AND WORDING OF THE INTERPLEADER PLEADING TO BE USED IN REAL ESTATE EARNEST MONEY DISPUTES IN MAGISTRATES COURT, AND TO PROVIDE THAT THE FAILURE OF A COMPETING CLAIMANT TO RECOVER IN AN INTERPLEADER ACTION MUST NOT BE CONSIDERED A JUDGMENT AGAINST THE CLAIMANT OR USED TO IMPAIR THE CREDIT OF THE CLAIMANT.
Ordered for consideration tomorrow.

H. 3027 (Word version) -- Reps. Townsend, Kirsh, W. D. Smith, Harrison, Altman, Meacham-Richardson, Stille, Clyburn, Walker and Robinson: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO PROVIDE THAT A REGULATION NOT APPROVED OR DISAPPROVED WITHIN TWO YEARS OF BEING SUBMITTED FOR GENERAL ASSEMBLY REVIEW MUST BE REFILED BY THE PROMULGATING AGENCY AS A NEW REGULATION IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT.
Ordered for consideration tomorrow.

The following was introduced:

H. 3320 (Word version) -- Rep. Jennings: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE ATHLETES AND COACHES WHO ADMIRABLY REPRESENTED THE STATE OF SOUTH CAROLINA AND THE UNITED STATES IN THE 2000 SUMMER OLYMPICS IN SYDNEY, AUSTRALIA, AND WISH THEM GREAT SUCCESS IN THE FUTURE.

Whereas, twenty-one athletes and coaches represented South Carolina in a myriad of sports in the 2000 Summer Olympics in Sydney, Australia; and

Whereas, the House of Representatives would like to recognize Ray Allen, from Sumter, for basketball; Olanda Anderson, from Sumter, for boxing; Mikele Barber, who attends the University of South Carolina, for track and field; Michelle Davison, a University of South Carolina graduate from Columbia, for diving; Travis Dawkins, who attended Newberry High School and is from Chappells, for baseball; Dawn Ellerby, a 1997 graduate of the University of South Carolina, for track and field; Adam Everett, who attended the University of South Carolina from 1996 to 1998, for baseball; Curtis Frye, head cross country and track and field coach at the University of South Carolina, for coaching track and field; Nicole Gamble, from Sumter, for track

Whereas, these athletes and coaches have brought great credit and prestige to this State through their participation in their respective sports; and

Whereas, South Carolina is privileged and honored to have such talented athletes and coaches represent her in the Olympic games and in their individual endeavors. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, recognize and commend the athletes and coaches who admirably represented the State of South Carolina and the United States in the 2000 Summer Olympics in Sydney, Australia, and wish them great success in the future.

Be it further resolved that a copy of this resolution be forwarded to each of these athletes and coaches.

The Resolution was adopted.

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

H. 3321 (Word version) -- Rep. Jennings: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, JANUARY 24, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO THE ATHLETES AND COACHES WHO REPRESENTED SOUTH CAROLINA AND THE UNITED STATES IN THE 2000 SUMMER OLYMPICS IN SYDNEY, AUSTRALIA, FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR PARTICIPATION.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended on Wednesday, January 24, 2001, at a time to be determined by the Speaker, to the athletes and coaches who represented South Carolina and the United States in the 2000 Summer Olympics in Sydney, Australia, for the purpose of being recognized for their participation.

The Resolution was adopted.

The following was introduced:

H. 3322 (Word version) -- Reps. Wilkins, Cato, Easterday, Hamilton, Leach, Loftis, Allen, Rice, F. N. Smith, Tripp, Vaughn and Haskins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE SPANNING I-385 AT SECONDARY ROAD 84, STANDING SPRINGS ROAD, IN GREENVILLE COUNTY, THE "ROBERT A. 'BUD' HUBBARD MEMORIAL BRIDGE" IN MEMORY OF ROBERT 'BUD' HUBBARD A DISTINGUISHED SOUTH CAROLINIAN WHO, AMONG HIS MANY ACHIEVEMENTS AND ACCOMPLISHMENTS, PLAYED AN INSTRUMENTAL ROLE IN THE PLANNING AND CONSTRUCTION OF THE

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

H. 3323 (Word version) -- Reps. Rodgers, Gilham, Stuart and Whatley: A BILL TO AMEND SECTION 4-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXES OR TOLL ORDINANCES IMPOSED BY COUNTIES AS A REVENUE SOURCE FOR TRANSPORTATION PROJECTS, SO AS TO PROVIDE THAT IF THE IMPOSITION OF THE TAX IS NOT APPROVED AT A REFERENDUM ANOTHER REFERENDUM MAY BE HELD.
Referred to Committee on Education and Public Works

H. 3324 (Word version) -- Rep. Perry: A BILL TO REPEAL CHAPTER 27, TITLE 1, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
Referred to Committee on Judiciary

H. 3328 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY WHICH HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

H. 3329 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT

H. 3330 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR A LEGITIMATE NONPOLITICAL REASON, SO AS TO PROVIDE THAT AN APPEAL FROM AN ELECTION MUST BE TO THE CIRCUIT COURT OF THE COUNTY IN WHICH THE AFFIDAVIT IS FILED STATING THE LEGITIMATE NONPOLITICAL REASON FOR WITHDRAWING AS A CANDIDATE.
Referred to Committee on Judiciary

H. 3331 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 1-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACQUISITION AND DISPOSAL OF VEHICLES IN THE STATE FLEET, SO AS TO REQUIRE FIRST PRIORITY FOR PURCHASE OF PASSENGER VEHICLES BEING DISPOSED OF TO HEADS OF HOUSEHOLDS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) OR TO PUBLIC OR PRIVATE NONPROFIT AGENCIES WORKING WITH FAMILIES RECEIVING AFDC FOR THE PURPOSE OF ASSISTING THESE FAMILIES IN BECOMING SELF-SUFFICIENT.
Referred to Committee on Ways and Means

H. 3332 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO MAKE PAYMENTS OF OUTSTANDING VOUCHERS IN THE OFFICE OF INDIGENT DEFENSE'S APPELLATE CONFLICT FUND FROM JULY 1, 1993, THROUGH JULY 31, 2000, FOR TOTAL REIMBURSEMENT NOT EXCEEDING THIRTY-FIVE THOUSAND DOLLARS, AND TO PROVIDE THAT REQUESTS FOR COMPENSATION MUST BE SUBMITTED NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PROVISION.
Referred to Committee on Judiciary

The following was introduced:

H. 3325 (Word version) -- Reps. J. Brown, Bales and J. H. Neal: A HOUSE RESOLUTION TO CONGRATULATE MRS. EMMA ANGELINE HARRIS BUTLER, ONE OF SOUTH CAROLINA'S MOST OUTSTANDING EDUCATORS AND COMMUNITY LEADERS, UPON THE OCCASION OF HER EIGHTY-EIGHTH BIRTHDAY ON JANUARY 27, 2001.

The Resolution was adopted.

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

H. 3326 (Word version) -- Reps. Wilder, Carnell, Stille, Hayes and Taylor: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MARCH, 2001, AS NATIONAL ATHLETIC TRAINING MONTH IN SOUTH CAROLINA, AND TO RECOGNIZE THE ATHLETIC TRAINING PROFESSION AND ITS IMPORTANCE IN MAINTAINING QUALITY HEALTH CARE.

Whereas, quality health care is vital for individuals involved in physical activity, and certified athletic trainers undergo nationally regulated educational processes where they acquire skills, knowledge, and specific tasks necessary to provide quality health care to athletes and those engaged in physical activity; and

Whereas, certified athletic trainers provide many important services such as prevention of injuries; recognition, evaluation, and immediate care; rehabilitation; health care administration; education, and guidance; and

Whereas, there are more than twenty thousand certified athletic trainers in the United States who are employed in professional sports, colleges and universities, high schools, clinics and hospitals, and in corporate and industrial settings; and

Whereas, in 1990 the American Medical Association recognized athletic training as an allied health care profession; and

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

That the members of the General Assembly, by this resolution, hereby proclaim the month of March, 2001, as National Athletic Training Month in South Carolina, and recognize the month of March, 2001, as National Athletic Training Month in South Carolina, and recognize the athletic training profession and its importance in maintaining quality health care.

Be it further resolved that a copy of this resolution be forwarded to David E. Barnes, President of the South Carolina Athletic Trainers Association.

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

The following was introduced:

H. 3327 (Word version) -- Reps. Kennedy, Harvin and Snow: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF FORMER REPRESENTATIVE J. HENRY STUCKEY OF KINGSTREE AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

Whereas, the members of the General Assembly were deeply saddened to learn of the death of J. Henry Stuckey on Monday, January 15, 2001; and

Whereas, Mr. Stuckey was born in Nesmith and began attending Clemson University in 1941, but left to serve in World War II as a pilot in the Army Air Corps from 1942 to 1946. He completed his education

Whereas, Mr. Stuckey began a successful forestry consulting firm in Kingstree, which he led for more than fifty years, and also returned to the military, serving in the National Guard; and

Whereas, he served South Carolina twice in the House of Representatives: first in 1955-1956 and again in 1963-1968. As a member of the General Assembly, Mr. Stuckey served on the House Agriculture; Ways and Means; and the Medical, Military, Public and Municipal Affairs Committees; and

Whereas, Mr. Stuckey was elected to the South Carolina Public Service Commission in 1970, where he served with distinction for eight years, in December, 2000, the South Carolina Department of Transportation Commission voted to name a portion of South Carolina Highway 261 near Kingstree the "J. Henry Stuckey Highway" in recognition of his many years of distinguished public service to the State of South Carolina; and

Whereas, he was above all a devoted father and husband who is survived by his wife and four children, one of whom is Betty Stuckey Mabry, Executive Director of the Department of Transportation; and

Whereas, with the death of this fine man at the age of seventy-eight the people of Williamsburg County and the State of South Carolina have lost an outstanding public servant, a dedicated community leader, and a good friend. Now, therefore,

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

That the members of the General Assembly, by this resolution, express their profound sorrow upon the death of former Representative J. Henry Stuckey of Kingstree and extend deepest sympathy to his family and friends.

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
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Gilham                 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                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers
Rutherford             Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.

Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

I came in after the roll call and was present for the Session on Wednesday, January 24.

Harry Askins                      Bill Cotty
Jackson Whipper

Announcement was made that Dr. Patrick J. Kelly of Charleston is the Doctor of the Day for the General Assembly.

Rep. JENNINGS presented to the House the athletes and coaches who represented South Carolina and the United States in the 2000 Summer Olympics in Sydney, Australia.

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

Bill Number:   H. 3107 (Word version)
Date:   ADD:
01/24/01   KNOTTS

Bill Number:   H. 3107 (Word version)
Date:   ADD:
01/24/01   BINGHAM

Bill Number:   H. 3142 (Word version)
Date:   ADD:
01/24/01   WHITE

Bill Number:   H. 3142 (Word version)
Date:   ADD:
01/24/01   THOMPSON

Bill Number:   H. 3259 (Word version)
Date:   ADD:
01/24/01   MILLER

Bill Number:   H. 3133 (Word version)
Date:   ADD:
01/24/01   THOMPSON

Bill Number:   H. 3141 (Word version)
Date:   ADD:
01/24/01   THOMPSON

Bill Number:   H. 3144 (Word version)
Date:   ADD:
01/24/01   THOMPSON

Bill Number:   H. 3155 (Word version)
Date:   ADD:
01/24/01   THOMPSON

Bill Number:   H. 3252 (Word version)
Date:   ADD:
01/24/01   BINGHAM

Bill Number:   H. 3252 (Word version)
Date:   ADD:
01/24/01   TRIPP

Bill Number:   H. 3252 (Word version)
Date:   ADD:
01/24/01   EASTERDAY

Bill Number:   H. 3252 (Word version)
Date:   ADD:
01/24/01   HASKINS

Bill Number:   H. 3252 (Word version)
Date:   ADD:
01/24/01   RISER

Bill Number:   H. 3252 (Word version)
Date:   ADD:
01/24/01   HUGGINS

Bill Number:   H. 3252 (Word version)
Date:   ADD:
01/24/01   SANDIFER

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   WHATLEY

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   DANTZLER

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   LEE

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   MILLER

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   SNOW

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   BREELAND

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   HOSEY

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   RUTHERFORD

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   J. E. SMITH

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   RIVERS

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   WEEKS

Bill Number:   H. 3307 (Word version)
Date:   ADD:
01/24/01   RHOAD

Bill Number:   H. 3056 (Word version)
Date:   REMOVE:
01/24/01   COBB-HUNTER

Bill Number:   H. 3290 (Word version)
Date:   REMOVE:
01/24/01   PARKS

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

H. 3294 (Word version) -- Reps. Hinson, Law, Dantzler, Gourdine and Merrill: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS

H. 3138 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Harrell, Townsend, Sharpe, J. Brown, Cato, Campsen, Wilder, Jennings, Coates, Vaughn, Sandifer, Whatley, Cobb-Hunter, Delleney, Simrill, Walker, Altman, Robinson, Merrill, Cotty, Gilham, Rodgers, Rice, Easterday, Edge, Bingham, Huggins, Talley, Owens and Govan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

H. 3139 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Harrell, Townsend, Sharpe, J. Brown, Cato, Campsen, Wilder, Jennings, Coates, Vaughn, Sandifer, Whatley, Cobb-Hunter, Delleney, Simrill, Walker, Altman, Owens, Whipper, Robinson, Merrill, Cotty, Gilham, Rodgers, Rice, Easterday, Edge, Hamilton, Bingham, Huggins, Govan and Talley: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH

H. 3053 (Word version) -- Reps. J. Young, G. M. Smith, Kirsh, W. D. Smith, Harrison, Davenport and Whipper: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-115, SO AS TO CREATE A GENERAL LIEN UPON THE REAL AND PERSONAL PROPERTY, INCLUDING WAGES, ANNUITIES, PENSIONS, AND CHOSES IN ACTION, OF ANY PUBLIC OFFICER, EMPLOYEE, OR ANY OTHER PERSON WHO IS FOUND GUILTY OF AN OFFENSE INVOLVING EMBEZZLEMENT OR APPROPRIATION OF PUBLIC FUNDS OR PROPERTY TO PRIVATE USE, TO THE EXTENT OF THE TOTAL LOSS, DAMAGE OR EXPENSE TO THE STATE, OR TO A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THE STATE, TO PROVIDE FOR FILING A NOTICE OF LIEN, TO PROVIDE THAT AN ACTION TO ENFORCE THE LIEN CREATED BY THIS SECTION MAY BE BROUGHT AT ANY TIME UP TO THREE YEARS AFTER THE DEATH OF A PERSON WHOSE REAL AND PERSONAL PROPERTY IS SUBJECT TO THE LIEN, TO PROVIDE FOR SATISFACTION AND DISCHARGE OF THE LIEN CREATED BY THIS SECTION BY THE ATTORNEY GENERAL OR HIS DESIGNEE; AND TO AMEND SECTION 9-1-1680, RELATING TO EXEMPTION OF ANNUITY AND RETIREMENT ALLOWANCES AND CONTRIBUTIONS FROM TAXATION AND LEGAL PROCESS, SO AS PROVIDE THAT ANNUITY AND RETIREMENT ALLOWANCES AND CONTRIBUTIONS OF PUBLIC OFFICERS AND EMPLOYEES CONVICTED OF AN OFFENSE INVOLVING EMBEZZLEMENT OR APPROPRIATION OF PUBLIC FUNDS OR PROPERTY TO PRIVATE USE ARE SUBJECT TO THE GENERAL LIEN CREATED BY SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO.

Rep. WALKER moved to adjourn debate upon the following Bill until Wednesday, February 7, which was adopted:

H. 3290 (Word version) -- Reps. Walker, Allen, Allison, Altman, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Trotter, Vaughn, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young, J. Young, Loftis and Askins: A BILL TO AMEND SECTION 40-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT DEEMED TO BE ENGAGING IN THE PRACTICE OF OPTOMETRY, SO AS TO INCLUDE PERSONS ADMINISTERING AND PRESCRIBING PHARMACEUTICAL AGENTS FOR THE DIAGNOSIS AND TREATMENT OF EYE DISEASE; TO AMEND SECTION 40-37-105, AS AMENDED, RELATING TO THE USE OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO DELETE PROVISIONS CONCERNING SPECIFIC MEDICATIONS, PROVISIONS REGARDING PATIENT CHART DOCUMENTATION, AND PROVISIONS RELATING TO PROCEDURES FOR MAKING REFERRALS WHEN PRESCRIBING TOPICAL STEROIDS AND WHEN TREATING GLAUCOMA AND TO AUTHORIZE INJECTIONS FOR THE TREATMENT OF ANAPHYLAXIS; AND TO AMEND SECTION 40-37-107, AS AMENDED, RELATING TO PROCEDURES FOR CARE GENERALLY, AND IN TREATING GLAUCOMA, TO REFERRAL OF PATIENTS TO OTHER OPTOMETRISTS AND TO OPHTHALMOLOGISTS WHEN TREATING GLAUCOMA, AND TO THE PROHIBITION AGAINST PERFORMING SURGERY, SO AS TO DELETE THE PROVISIONS CONCERNING

Rep. ALTMAN moved that the House recur to the morning hour, which was agreed to.

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

H. 3333 (Word version) -- Reps. Chellis, Koon, Allison, Barrett, Bingham, Campsen, Cato, Coleman, Cotty, Dantzler, Edge, Fleming, Frye, Harrison, Hayes, Hinson, Hosey, Knotts, Law, Lee, Lloyd, McGee, Merrill, Owens, Phillips, Riser, Sandifer, Scarborough, Simrill, Stille, Talley, Taylor, Walker, Weeks and A. Young: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO PROVIDE THAT A PERSON WHO IS AN ILLEGAL ALIEN MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED.
Referred to Committee on Judiciary

H. 3334 (Word version) -- Reps. Clyburn, Battle, J. Brown, R. Brown, Carnell, Cooper, Gourdine, Govan, Hayes, Hosey, Howard, Jennings, Kennedy, Knotts, McLeod, Ott, Parks, Rhoad, Rutherford, Scott, Sharpe, D. C. Smith, F. N. Smith, J. E. Smith and J. R. Smith: A BILL TO AMEND SECTION 12-8-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF A PERCENTAGE OF PRIZE WINNINGS FOR STATE INCOME TAX, SO AS TO ALLOW THE RECIPIENT TO ELECT TO HAVE THE WITHHELD AMOUNT PAID OVER TO THE PUBLIC SCHOOL, SCHOOL DISTRICT, OR INSTITUTION OF HIGHER LEARNING OF HIS CHOICE.
Referred to Committee on Ways and Means

H. 3335 (Word version) -- Reps. Battle, Hayes and Miller: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH

H. 3336 (Word version) -- Reps. Robinson, Allison, Altman, Keegan, Littlejohn, Rice, D. C. Smith, J. R. Smith, Stille, Trotter, Vaughn, Walker and Witherspoon: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY SCHOOL TERM OF ONE HUNDRED NINETY DAYS ANNUALLY WITH ADDITIONAL DAYS BEING ADDED BEGINNING WITH SCHOOL YEAR 2001-2002 SUBJECT TO FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY, SO AS TO REVISE THE PURPOSES FOR WHICH CERTAIN NONINSTRUCTIONAL DAYS MUST BE USED AND TO DELETE THE ADDITION OF EXTRA DAYS TO THE STATUTORY SCHOOL TERM BEGINNING WITH SCHOOL YEAR 2001-2002 SUBJECT TO FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY.
Referred to Committee on Education and Public Works

H. 3338 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-79 SO AS TO REQUIRE A STATEMENT OF OBJECTIVES AND ANNUAL MEASURES OF PROGRESS FOR ATTAINING THESE OBJECTIVES FOR NEW RECURRING PROGRAMS IN THE ANNUAL GENERAL APPROPRIATIONS ACT AND FOR INCREASED APPROPRIATIONS FOR EXISTING RECURRING PROGRAMS ABOVE THE RATE OF INFLATION, TO PROHIBIT SUBSEQUENT APPROPRIATIONS FOR SUCH PROGRAMS FOR FOUR YEARS IF THE ANNUAL MEASURE OF PROGRESS IS NOT MET, AND TO REQUIRE THESE STATEMENTS TO BE APPROVED BY A JOINT STANDING COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP.
Referred to Committee on Ways and Means

H. 3339 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO

H. 3340 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-55 SO AS TO PROVIDE THAT A BUILDING INSPECTOR MAY CONDUCT A FIRE AND SAFETY INSPECTION FOR A PUBLIC BUILDING AND SUBMIT HIS REPORT TO THE STATE FIRE MARSHAL.
Referred to Committee on Labor, Commerce and Industry

H. 3341 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO CREATE A TASK FORCE TO IDENTIFY PROGRAMS AND RESOURCES AVAILABLE TO FAMILIES FOR MANAGING BEHAVIORALLY CHALLENGING ADOLESCENTS AND THE NEEDS OF AGING PARENTS, TO STUDY RESOURCES AND PROGRAMS AVAILABLE IN-STATE AND IN OTHER JURISDICTIONS AND TO MAKE RECOMMENDATIONS FOR BETTER MEETING THESE FAMILY NEEDS, AND TO REQUIRE THE TASK FORCE TO REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3342 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, AND CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER CONTROLLED SUBSTANCE ARE VIOLENT CRIMES.
Referred to Committee on Judiciary

H. 3344 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 12-6-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 SPECIFICALLY NOT ADOPTED FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO DELETE REFERENCES TO THE NET OPERATING LOSS CARRYBACK AND TO AMEND SECTION 12-6-1130, RELATING TO THE COMPUTATION OF SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO PROVIDE THAT THE CARRYBACK OF A NET OPERATING LOSS DEDUCTION FOR FEDERAL INCOME TAX PURPOSES ALSO IS ALLOWED FOR STATE INCOME TAX PURPOSES AND PROVIDE THAT THE FEDERAL ELECTION TO CARRY BACK A NET OPERATING LOSS IS NOT BINDING FOR SOUTH CAROLINA INCOME TAX PURPOSES.
Referred to Committee on Ways and Means

The following was introduced:

H. 3337 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION TO AMEND RULE 5.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE GENERAL APPROPRIATIONS BILL AND SUPPLEMENTAL APPROPRIATIONS BILLS, SO AS TO REQUIRE A SEPARATE VOTE ON EVERY PROVISION IN SUCH A BILL ADDING OR AMENDING PERMANENT LAW IF THE PROVISION DID NOT

The following was introduced:

H. 3345 (Word version) -- Reps. Govan, Cobb-Hunter, Stuart, Ott and Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. G. DAVID DRAKE OF ORANGEBURG, AND EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

The following was introduced:

H. 3346 (Word version) -- Reps. Govan, Cobb-Hunter, Stuart, Sharpe and Ott: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND F. HALL YARBOROUGH OF ORANGEBURG FOR HIS LEADERSHIP AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A FORMER MEMBER OF THE GENERAL ASSEMBLY AND IN MANY OTHER CAPACITIES AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS.

Whereas, F. Hall Yarborough was born on September 18, 1921, in Jenkinsville, South Carolina, and earned a Bachelor of Science degree from the University of South Carolina in 1941; and

Whereas, Hall Yarborough began his life of service to the citizens of South Carolina as principal of Wagner Centralized Schools in Wagner,

Whereas, he fought to secure the blessings of freedom to future generations of South Carolinians through his service as an aerial navigator in the United States Air Force, served in the Pacific Theater of World War II, and attained the rank of captain in the United States Air Force Reserves; and

Whereas, he was admitted to the South Carolina Bar in 1952, was elected to the South Carolina House of Representatives from Orangeburg County in 1957 where he served with distinction on the Judiciary Committee, Education Committee, and became second vice chairman of the House Ways and Means Committee; and

Whereas, Hall Yarborough continued his commitment to public service when he was instrumental in the creation of the South Carolina Legislative Audit Council in 1976 and served as its chairman from 1979 to 1988; and

Whereas, Hall Yarborough has worked hard for the betterment of his community and fellow man. He has served three terms as Moderator of the Orangeburg Baptist Association through his membership in the First Baptist Church of Orangeburg where he also served on the Board of Deacons, served on the Winthrop College Foundation Board, the Edisto Farm Credit Bank Board of Directors, the Orangeburg County Rotary Club, and helped establish the Orangeburg County YMCA; and

Whereas, he is married to Elizabeth Wolfe of Orangeburg and is the proud father of four children, Foster, Thomas, William, and Beth;

Whereas, it is fitting that the members of the General Assembly on behalf of all citizens of South Carolina thank this wonderful man for giving so much to his county, State, and nation. Now, therefore,

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

That the members of the General Assembly, by this resolution, commend F. Hall Yarborough of Orangeburg for his leadership and dedicated service to the State of South Carolina as a former member of

Be it further resolved that a copy of this resolution be presented to Mr. Yarborough.

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

The following was introduced:

H. 3347 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. VERONICA D. CLINKSCALES OF MARLBORO COUNTY FOR HER MANY YEARS OF UNSELFISH PUBLIC SERVICE, HER CONTRIBUTIONS TO THE 4-H YOUTH AND HOME ECONOMICS PROGRAMS, AND TO WISH HER HAPPINESS AND GOOD FORTUNE IN HER RETIREMENT.

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

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

At 2:30 p.m. the House, in accordance with the motion of Rep. BARFIELD, adjourned in memory of Dr. R. Cathcart Smith, to meet at 10:00 a.m. tomorrow.

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