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


Printed Page 577 . . . . . Thursday, January 25, 2001

Thursday, January 25, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

O God, our Creator and sustainer, we lift our thoughts in thankfulness for the beauty of the world around us. We thank You for Your presence within us, deeper than our minds can fathom, designed to be our dwelling place. May the beauty of Yourself within us match the beauty of Your creation without. Make us sensitive to the privilege allowing us to be here. Sharpen our minds to what ought to be done for the well being of Your people, and give us the wisdom and the will to do it. 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.

MOTION ADOPTED

Rep. STUART moved that when the House adjourns, it adjourn in memory of Thomas I. Weston, which was agreed to.

INTRODUCTION OF BILLS

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

H. 3348 (Word version) -- Reps. Robinson, Barfield, Battle, Edge, Emory, M. Hines, Jennings, Keegan, Kelley, Kennedy, Miller, J. M. Neal, Rice, Snow, Trotter, Webb and Witherspoon: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT QUALIFYING JOBS CREATED IN A COUNTY WHICH IS NOT TRAVERSED BY AN INTERSTATE HIGHWAY ARE ELIGIBLE FOR A CREDIT ONE TIER HIGHER


Printed Page 578 . . . . . Thursday, January 25, 2001

THAN WOULD OTHERWISE APPLY AND TO PROVIDE AN EXCEPTION.
Referred to Committee on Ways and Means

H. 3349 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT AN AMOUNT OF FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL REAL PROPERTY SUFFICIENT TO LIMIT TO FIFTEEN PERCENT INCREASES IN THE VALUE OF SUCH PROPERTY ATTRIBUTABLE TO COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAMS, TO INCLUDE IMPROVEMENTS IN THE EXEMPTION, TO PROVIDE THAT THE EXEMPTION IS NOT TRANSFERRED WITH THE PROPERTY, AND TO PROVIDE EXCEPTIONS; AND TO REPEAL SECTION 12-37-223 RELATING TO GIVING COUNTIES THE OPTION TO LIMIT THE INCREASE IN REAL PROPERTY VALUE BY ORDINANCE.
Referred to Committee on Ways and Means

H. 3350 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON A MILLAGE RATE INCREASE BY A LOCAL GOVERNING BODY, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE ELECTED MEMBERSHIP OF THE LOCAL GOVERNING BODY, RATHER THAN A POSITIVE MAJORITY VOTE, TO OVERRIDE THE LIMITATION, AND TO CONFORM OTHER PROVISIONS TO REFLECT THE REQUIREMENT OF A TWO-THIRDS VOTE.
Referred to Committee on Ways and Means

H. 3351 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT A TRAVEL TRAILER WITH SLEEPING, COOKING, AND BATHROOM FACILITIES IS CONSIDERED TO BE A PRIMARY OR SECOND RESIDENCE AND IS CONSIDERED REAL PROPERTY FOR PROPERTY TAX PURPOSES.
Referred to Committee on Ways and Means


Printed Page 579 . . . . . Thursday, January 25, 2001

H. 3352 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3395 SO AS TO ALLOW A TAX CREDIT OF FIFTEEN PERCENT OF THE TOTAL AMOUNT OF PREMIUMS PAID BY A TAXPAYER PURSUANT TO A LONG-TERM CARE INSURANCE CONTRACT, UP TO THREE HUNDRED FIFTY DOLLARS FOR EACH TAXABLE YEAR FOR EACH CONTRACT, AND TO PROHIBIT A DOUBLE BENEFIT.
Referred to Committee on Ways and Means

H. 3353 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM PROPERTY TAX FIVE THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES; AND TO AMEND SECTION 12-37-2640, RELATING TO THE DETERMINATION OF VALUE OF MOTOR VEHICLES AND MINIMUM AND MAXIMUM ASSESSED VALUES FOR CERTAIN MOTOR VEHICLES, SO AS TO CONFORM THE SECTION TO THE ADDITIONAL EXEMPTIONS ADDED BY THIS ACT.
Referred to Committee on Ways and Means

H. 3354 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 47-13-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTS REQUIRED FOR PUBLIC ASSEMBLY OF HORSES, SO AS TO REQUIRE THE COGGINS TEST OR OTHER TEST FOR EQUINE INFECTIOUS ANEMIA BE ADMINISTERED ONLY ONCE EVERY TWENTY-FOUR MONTHS RATHER THAN ONCE EVERY TWELVE MONTHS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3355 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-155 SO AS TO PROVIDE THAT ANY SCHOOL BUS DRIVER WHO WORKED AN AVERAGE OF TWENTY-FIVE HOURS OR MORE PER WEEK DURING THE PREVIOUS SCHOOL YEAR SHALL BE CONSIDERED A PERMANENT PART-TIME EMPLOYEE (PPT) OF THE SCHOOL DISTRICT DURING THE CURRENT SCHOOL YEAR AND AS SUCH SHALL BE ENTITLED TO THE SAME


Printed Page 580 . . . . . Thursday, January 25, 2001

INSURANCE, LEAVE, AND RETIREMENT BENEFITS THAT OTHER PERMANENT PART-TIME EMPLOYEES OF THE STATE RECEIVE.
Referred to Committee on Ways and Means

H. 3356 (Word version) -- Reps. J. Brown, Allen, Breeland, R. Brown, Mack, Moody-Lawrence and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-507 SO AS TO REQUIRE A PERSON WHO SELLS TOBACCO PRODUCTS TO KEEP THESE PRODUCTS BEHIND A COUNTER AND CONCEALED SO AS TO BE OUT OF VIEW FROM A CUSTOMER OR PATRON.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3357 (Word version) -- Reps. J. Brown, Allen, Breeland, Clyburn, Lee, Lloyd, Mack, Moody-Lawrence and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-110 SO AS TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES REVIEW MEDICAID REIMBURSEMENT RATES ANNUALLY AND ADJUST THESE RATES TO EQUAL AT LEAST NINETY PERCENT OF MEDICARE REIMBURSEMENT RATES FOR LIKE SERVICES.
Referred to Committee on Ways and Means

H. 3358 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURTS IN DOMESTIC MATTERS, AND SECTION 59-28-160, RELATING TO THE POWERS OF THE LOCAL SCHOOL BOARDS OF TRUSTEES IN RELATION TO PROMOTING PARENTAL INVOLVEMENT IN THEIR CHILDREN'S SCHOOL ACTIVITIES, BOTH SO AS TO PROVIDE THAT THE SCHOOL BOARD HAS AUTHORITY TO PETITION THE FAMILY COURT, AND THE FAMILY COURT HAS JURISDICTION TO HEAR A PETITION, TO REQUIRE PARENTS OR LEGAL GUARDIANS OF STUDENTS WHO HABITUALLY EXHIBIT DISRUPTIVE BEHAVIOR IN THEIR CLASSROOMS TO ATTEND PARENT-TEACHER CONFERENCES.
Referred to Committee on Judiciary


Printed Page 581 . . . . . Thursday, January 25, 2001

H. 3359 (Word version) -- Reps. Ott, Hayes, Frye, Knotts, Rhoad, Sharpe and Whatley: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER OR DEER PARTS, SO AS TO PROVIDE THAT UNLESS SPECIFICALLY PROHIBITED BY THIS SECTION, THE SALE OF DEER OR DEER PARTS IS NOT PROHIBITED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3360 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF MORTGAGE LOAN BROKERS SO AS TO PLACE THIS BOARD UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF INDIVIDUALS AS MORTGAGE LOAN BROKERS.
Without Reference

H. 3361 (Word version) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


Printed Page 582 . . . . . Thursday, January 25, 2001

H. 3362 (Word version) -- Reps. Fleming and Wilder: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE UNION COUNTY TRANSPORTATION COMMITTEE.
On motion of Rep. FLEMING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3363 (Word version) -- Reps. Jennings, J. E. Smith, G. Brown, R. Brown, Freeman, Govan, Hayes, Hosey, Kirsh, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Mack, McLeod, Miller, J. H. Neal, J. M. Neal, Neilson, Rivers, Scott, Snow, Weeks, Whatley, Whipper and Wilder: A BILL TO AMEND SECTION 41-13-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS CONCERNING THE PROHIBITION AGAINST OPPRESSIVE CHILD LABOR PRACTICES, SO AS TO DELETE THE REQUIREMENT THAT SUCH REGULATIONS MAY NOT BE MORE RESTRICTIVE OR BURDENSOME THAN FEDERAL LAW.
Referred to Committee on Judiciary

H. 3364 (Word version) -- Reps. Taylor, Allison, Bales, Barfield, Barrett, Cobb-Hunter, Cooper, Cotty, Hinson, Kelley, Klauber, Law, Merrill, Owens, Riser, Scarborough, Walker, White, Wilder, Witherspoon and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-155 SO AS TO PROVIDE THAT IF ANY STATE LICENSING, APPOINTMENT, ELECTION, ADMISSION, EMPLOYMENT, OR OTHER PROCESS REQUIRES THE APPLICANT TO POSSESS A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, NO SUCH DIPLOMA OR CERTIFICATE SHALL BE ACCEPTABLE FOR PURPOSES OF THAT PROCESS UNLESS THE STATE BOARD OF EDUCATION CERTIFIES THAT THE STANDARDS OF THE INSTITUTION GRANTING THE DIPLOMA OR CERTIFICATE OR THE STANDARDS OF ANY TESTING USED TO GRANT THE DIPLOMA OR CERTIFICATE ARE AT LEAST COMPARABLE TO THOSE OF THE STATE.
Referred to Committee on Education and Public Works

H. 3365 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 23-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING A SHERIFF, DEPUTY SHERIFF, OR SHERIFF'S CLERK FROM PRACTICING LAW OR HOLDING


Printed Page 583 . . . . . Thursday, January 25, 2001

THE OFFICE OF CLERK OF THE COURT OF COMMON PLEAS AND GENERAL SESSIONS, SO AS TO PROVIDE THAT A SHERIFF OR DEPUTY SHERIFF WHO IS LICENSED TO PRACTICE LAW IN THIS STATE MAY ACT AS AN ATTORNEY ON BEHALF OF THE AGENCY IN WHICH HE SERVES UNDER CERTAIN CIRCUMSTANCES, OR WHEN APPOINTED AS A SPECIAL PROSECUTOR.
Referred to Committee on Judiciary

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, G.              Brown, J.
Brown, R.              Campsen                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               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
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Rivers                 Robinson
Rodgers                Sandifer               Scarborough
Scott                  Sharpe                 Sheheen

Printed Page 584 . . . . . Thursday, January 25, 2001

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               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 Thursday, January 25.

Todd Rutherford                   Ronald Townsend
Ralph Davenport                   Bessie Moody-Lawrence
Joseph Neal                       Jerry Govan

Total Present--120

DOCTOR OF THE DAY

Announcement was made that Dr. William M. Boulware of Florence is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. J. R. SMITH and the Aiken Delegation presented to the House the Silver Bluff High School "Bulldogs" Football Team, the 2000 Class AA Football Champions, their coaches and other school officials.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the


Printed Page 585 . . . . . Thursday, January 25, 2001

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."

CO-SPONSOR ADDED

Bill Number:   H. 3319 (Word version)
Date:   ADD:
01/25/01   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   J. E. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   FREEMAN

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   ROBINSON

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   WEBB

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   MACK


Printed Page 586 . . . . . Thursday, January 25, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   LITTLEJOHN

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   SIMRILL

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   J. HINES

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   J. M. NEAL

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   EMORY

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   BALES


Printed Page 587 . . . . . Thursday, January 25, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   CAMPSEN

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   ALTMAN

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   WHATLEY

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   LLOYD

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   M. HINES

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   WEEKS


Printed Page 588 . . . . . Thursday, January 25, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   RIVERS

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   HOSEY

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   G. M. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   HARVIN

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   SINCLAIR

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   THOMPSON


Printed Page 589 . . . . . Thursday, January 25, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/25/01   GOVAN

ORDERED TO THIRD READING

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

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.

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.

Rep. PARKS explained the Bill.

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 A NEWS RELEASE TO EACH NEWSPAPER OF DAILY CIRCULATION IN THE STATE THAT CONTAINS THE NAMES OF THE CANDIDATES, THE DATE, PLACE, AND TIME OF JUDICIAL SCREENING HEARINGS, AND ALSO CONTAINS A STATEMENT ABOUT THE IMPORTANCE OF PUBLIC INPUT IN THE SCREENING PROCESS, AND TO REQUIRE THE COMMISSION TO REQUEST OF EACH NEWSPAPER THAT THE


Printed Page 590 . . . . . Thursday, January 25, 2001

NEWS RELEASE BE PUBLISHED ON AT LEAST ONE-HALF OF ONE NEWSPAPER PAGE, AND TO REQUIRE THE COMMISSION TO SEND THE NEWS RELEASE TO APPLICABLE BAR ORGANIZATIONS.

Rep. CAMPSEN explained the Bill.

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.

Rep. CAMPSEN explained the Bill.

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


Printed Page 591 . . . . . Thursday, January 25, 2001

ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT.

Rep. EASTERDAY explained the Bill.

S. 150--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MILLER, with unanimous consent, it was ordered that S. 150 (Word version) be read the third time tomorrow.

H. 3109--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PARKS, with unanimous consent, it was ordered that H. 3109 (Word version) be read the third time tomorrow.

H. 3052--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that H. 3052 (Word version) be read the third time tomorrow.

H. 3107--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that H. 3107 (Word version) be read the third time tomorrow.

H. 3027--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. EASTERDAY, with unanimous consent, it was ordered that H. 3027 (Word version) be read the third time tomorrow.

R. 466, H. 4775--GOVERNOR'S VETO--DEBATE ADJOURNED

The Veto on the following Act was taken up:

H. 4775 (R. 466)-WAYS AND MEANS COMMITTEE: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2000.


Printed Page 592 . . . . . Thursday, January 25, 2001

VETO 3--DEBATE ADJOURNED

Veto #3. Page 411, Department of Commerce, Proviso 27.20 (Renaissance Downtown Renewal Project).

Rep. W. D. SMITH moved to adjourn debate on the Veto until Friday, June 15, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

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.
Referred to Committee on Labor, Commerce and Industry

H. 3367 (Word version) -- Reps. Altman, Fleming, R. Brown, Campsen, Easterday, Harrison, Hinson, Limehouse, Rice, Robinson and Scarborough: A BILL TO AMEND SECTION 7-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESIDENTIAL ELECTORS DECLARING FOR A CANDIDATE, SO AS TO PROVIDE THAT AN ELECTOR IS DEEMED TO HAVE IRREVOCABLY VOTED


Printed Page 593 . . . . . Thursday, January 25, 2001

FOR A CANDIDATE AT THE TIME HE DECLARES FOR A CANDIDATE AND TO DELETE INCONSISTENT PROVISIONS.
Referred to Committee on Judiciary

H. 3368 (Word version) -- Reps. Easterday, Haskins, Campsen, Cato, Hamilton, Leach, Loftis, Rice, Robinson, Rutherford, Vaughn and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT STUDENTS WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM.
Referred to Committee on Education and Public Works

H. 3370 (Word version) -- Reps. Vaughn, Leach, Simrill, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Sandifer, Scarborough, Scott, Sharpe, 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, Walker, Webb, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF NAMES OF PRIMARY CANDIDATES, SO AS TO REQUIRE A FILING FEE OF A CANDIDATE WHOSE NAME IS ON THE BALLOT IN THE GENERAL ELECTION WITHOUT RUNNING IN A PRIMARY


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AND TO EXCLUDE SCHOOL BOARD PRIMARIES FROM THIS PROVISION.
Referred to Committee on Judiciary

H. 3371 (Word version) -- Rep. Law: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESUMPTION FOR PURPOSES OF THE WORKERS' COMPENSATION LAW THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF EMPLOYMENT, SO AS TO PROVIDE FOR A PRESUMPTION THAT, FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, HEART OR RESPIRATORY DISEASES OCCURRING IN LAW ENFORCEMENT OFFICERS AROSE OUT OF AND IN THE COURSE OF EMPLOYMENT.
Referred to Committee on Labor, Commerce and Industry

CONCURRENT RESOLUTION

The following was introduced:

H. 3369 (Word version) -- Reps. Townsend, Scarborough, Altman, R. Brown, Campsen, Harrell, Mack and Whipper: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT TO APPOINT AND THE SENATE TO CONFIRM HARRY BANCROFT LIMEHOUSE TO THE POST OF FEDERAL HIGHWAY ADMINISTRATOR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

SPEAKER PRO TEMPORE IN CHAIR

SPECIAL PRESENTATION

Rep. WILKINS presented to the House Steve Elliott recognizing his service to the House of Representatives.

SPEAKER IN CHAIR

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


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RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3291 (Word version) -- Reps. Delleney and W. D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 7, 2001, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE


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TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE

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FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2001.

H. 3301 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SILVER BLUFF HIGH SCHOOL "BULLDOGS" FOOTBALL TEAM OF AIKEN COUNTY AND THEIR COACHES FOR AN EXCEPTIONAL UNDEFEATED SEASON AND ON WINNING THE 2000 CLASS AA STATE FOOTBALL CHAMPIONSHIP.

H. 3318 (Word version) -- Reps. Littlejohn, Allison, Davenport, Talley, Sinclair, Lee, W. D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO COMMEND FORMER REPRESENTATIVE T. W. EDWARDS, JR. FOR HIS YEARS OF LEADERSHIP AND DEDICATED SERVICE TO THIS STATE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO WISH HIM AND HIS FAMILY MANY YEARS OF HEALTH AND HAPPINESS.

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.

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.


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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.

ADJOURNMENT

At 10:45 a.m. the House, in accordance with the motion of Rep. STUART, adjourned in memory of Thomas I. Weston, to meet at 10:00 a.m. tomorrow.

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