Indicates Matter Stricken
Indicates New Matter

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

We pray to You, almighty God, in this day of opportunity. Do not let us fail to face the events of this day. Uphold us with the assurance of Your nearness, and give us the strength we need. Help us should confusion arise, guide us in the right paths. Heal the hurt, console those who are sad, protect the innocent and helpless. Calm our minds with the peace which passes all understanding, and keep us thankful for Your never failing blessings. Yours, Lord, is the power and the glory, now and always. 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. MILLER moved that when the House adjourns, it adjourn in memory of Herbert Knox, which was agreed to.

Rep. KIRSH, from the York Delegation, submitted a favorable report on:

S. 212 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 469 OF 2000, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF YORK COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATE BY WHICH CANDIDATES MUST FILE FOR ELECTION TO THESE OFFICES.
Ordered for consideration tomorrow.

H. 3002 (Word version) -- Reps. Wilkins, Cato, Easterday, Hamilton, Leach, Loftis, Rice, F. N. Smith, Tripp, Vaughn, Littlejohn, J. Young and Simrill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT I-85 AND WOODRUFF ROAD IN GREENVILLE COUNTY THE "TROOPER DAVID T. BAILEY MEMORIAL INTERCHANGE" IN MEMORY OF DAVID T. BAILEY, A SOUTH CAROLINA HIGHWAY PATROL TROOPER WHO WAS KILLED IN THE LINE OF DUTY WHILE ATTEMPTING A TRAFFIC STOP AT OR NEAR THE INTERCHANGE.
Ordered for consideration tomorrow.

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

H. 3166 (Word version) -- Reps. Wilkins, Cato, Vaughn, Loftis, Hamilton, Leach, F. N. Smith, Rice, Easterday, Tripp, Coates, Davenport, Simrill and Robinson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF WOODRUFF ROAD FROM THE I-85 INTERCHANGE TO THE I-385 INTERCHANGE IN GREENVILLE COUNTY AS THE "TROOPER FIRST CLASS ERIC F. NICHOLSON MEMORIAL HIGHWAY" IN MEMORY OF TROOPER FIRST CLASS ERIC F. NICHOLSON WHO WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
Ordered for consideration tomorrow.

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

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.

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

H. 3142 (Word version) -- Reps. Cato, Wilkins, Davenport, Vaughn, Sandifer, Simrill, Walker, Altman, Robinson, Cotty, White, Thompson and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO

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

H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W. D. Smith, Thompson, Trotter, White and A. Young: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.
Ordered for consideration tomorrow.

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

H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.
Ordered for consideration tomorrow.

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

H. 3159 (Word version) -- Reps. Fleming and Altman: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO SUBSTITUTE A PARDON FOR THE SERVICE OF A

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

H. 3270 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION STARTING WITH THE ELECTIONS IN 2004.
Ordered for consideration tomorrow.

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

H. 3276 (Word version) -- Reps. Klauber, Harrison, Fleming and J. Young: A BILL TO AMEND SECTION 7-13-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION SO AS TO PROVIDE THAT A CANDIDATE NOMINATED BY MORE THAN ONE PARTY MAY NOT HAVE THE AGGREGATE OF ALL VOTES RECEIVED COUNTED TO DETERMINE THE WINNER IN AN ELECTION AND TO PROVIDE THAT THE ONLY VOTES RECEIVED AS A CANDIDATE FOR EACH PARTY NOMINEE MAY BE USED TO DETERMINE THE WINNER IN AN ELECTION.
Ordered for consideration tomorrow.

The following was introduced:

H. 3390 (Word version) -- Reps. Loftis, Davenport and Leach: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT NO UNCONSTITUTIONAL RELIGIOUS TESTS SHOULD BE APPLIED TO JOHN ASHCROFT

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

H. 3391 (Word version) -- Reps. Merrill, Quinn, Edge, Thompson, Harrison, Allison, Altman, Bales, Barfield, Bingham, Campsen, Cato, Chellis, Cobb-Hunter, Dantzler, Frye, Harrell, Hinson, Huggins, Keegan, Kelley, Klauber, Law, Lourie, Ott, Owens, Robinson, Sandifer, Scarborough, Sharpe, Sinclair, J. E. Smith, Snow, Talley, Taylor, Tripp, Walker, Wilkins and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-1165 SO AS TO PROVIDE A DEDUCTION FROM SOUTH CAROLINA TAXABLE INCOME EQUAL TO THE FEDERAL INCOME TAX PERSONAL EXEMPTION ALLOWED A TAXPAYER WHO CLAIMS AS A DEPENDENT ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN A PERSON WHO HAS ATTAINED THE AGE OF SIXTY-FIVE YEARS AND TO ALLOW THIS DEDUCTION ALSO FOR A TAXPAYER WHO WOULD BE ABLE TO CLAIM AS A DEPENDENT A PERSON WHO HAS ATTAINED THE AGE OF SIXTY-FIVE YEARS BUT FOR THE APPLICABLE INCOME TEST.
Referred to Committee on Ways and Means

H. 3392 (Word version) -- Reps. Bales and Govan: A BILL TO AMEND SECTION 12-37-223A, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY OPTION TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN THE COUNTY, SO AS TO GIVE THIS EXEMPTION MANDATORY STATEWIDE APPLICATION AND MAKE CONFORMING AMENDMENTS AND TO DELETE PROVISIONS ALLOWING THIS EXEMPTED PROPERTY TO BE COUNTED IN THE BONDED INDEBTEDNESS LIMIT.
Referred to Committee on Ways and Means

H. 3394 (Word version) -- Rep. Davenport: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CALCULATION OF TAXABLE INCOME FOR STATE INCOME TAX PURPOSES, BY ADDING SECTION 12-6-1240 SO AS TO PROVIDE FOR NONRECOGNITION OF A PORTION OF THE GAIN REALIZED WHEN A SMALL BUSINESS TAXPAYER SELLS BUSINESS REAL PROPERTY AND PURCHASES NEW BUSINESS REAL PROPERTY WITHIN A SPECIFIED FOUR-YEAR PERIOD AND TO PROVIDE DEFINITIONS.
Referred to Committee on Ways and Means

H. 3395 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-78-75 SO AS TO PROVIDE THAT LIMITATIONS AND RESTRICTIONS UNDER THE TORT CLAIMS ACT DO NOT PROHIBIT AN AWARD FOR THE NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS.
Referred to Committee on Judiciary

H. 3396 (Word version) -- Rep. Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE THAT STATE TAXES MAY NOT BE INCREASED AND NEW STATE TAXES MAY NOT BE IMPOSED EXCEPT UPON A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE STATE IN A REFERENDUM, TO LIMIT INCREASES IN STATE SPENDING TO THE INCREASE IN THE CONSUMER PRICE INDEX AND PROVIDE EXCEPTIONS, TO AUTHORIZE THE GOVERNOR TO DECLARE A FISCAL EMERGENCY THAT SUSPENDS THE LIMITATIONS

H. 3397 (Word version) -- Rep. Davenport: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL STATUS OF CHILDREN, BY ADDING SUBARTICLE 2 TO ENACT THE PARENTAL RIGHTS AND RESPONSIBILITIES ACT, SO AS TO ESTABLISH THE RIGHTS OF PARENTS IN DIRECTING THE UPBRINGING OF THEIR CHILDREN, TO PROHIBIT THE STATE FROM INTERFERING IN THIS RIGHT, TO ALLOW A PARENT TO RAISE A VIOLATION OF THIS SUBARTICLE AS A CLAIM OR DEFENSE, TO PROVIDE FOR ATTORNEY'S FEES WHEN A PARENT PREVAILS, AND TO EXEMPT CERTAIN ACTIONS BETWEEN PARENTS.
Referred to Committee on Judiciary

H. 3398 (Word version) -- Reps. Snow, Askins, Bales, Barfield, G. Brown, Cobb-Hunter, Harvin, Hayes, Jennings, Kennedy, Ott, Owens, Rhoad and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY ENTER INTO CONTRACTS WITH FARMERS TO MAINTAIN THE RIGHTS-OF-WAY OF RURAL PORTIONS OF THE STATE'S HIGHWAYS.
Referred to Committee on Education and Public Works

H. 3399 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 27-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF PROPERTY RECOVERED BY A SHERIFF OR CHIEF OF POLICE, SO AS TO PROVIDE THAT THE DESIGNEE OF A SHERIFF OR CHIEF OF POLICE IS AUTHORIZED TO TURN OVER ALL PROCEEDS FROM A SALE OF PROPERTY RECOVERED BY A SHERIFF OR CHIEF OF POLICE TO A COUNTY OR MUNICIPAL TREASURER.
Referred to Committee on Judiciary

H. 3401 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO REVISE THE DEFINITION OF PROFESSIONAL SOCIETY TO INCLUDE CRIMINAL JUSTICE ORGANIZATIONS.
Referred to Committee on Judiciary

H. 3402 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-15-140 SO AS TO PROVIDE THE DESCRIPTION OF THE OFFICIAL BADGE TO BE WORN BY THE STATE'S SHERIFFS AND DEPUTY SHERIFFS, AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OTHER THAN A SHERIFF OR A DEPUTY SHERIFF TO WEAR AN OFFICIAL SHERIFF'S BADGE OR TO WEAR A SIMILAR INSIGNIA, AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION.
Referred to Committee on Judiciary

H. 3403 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OR POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.
Referred to Committee on Judiciary

H. 3404 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

H. 3405 (Word version) -- Reps. Fleming, Simrill, Knotts, Scarborough, J. Young, G. M. Smith, Harrison, Delleney, Haskins, F. N. Smith, Taylor, Altman, Barrett, Campsen, Cooper, Davenport, Klauber, Littlejohn, McCraw, Phillips, Rice, Riser, Robinson, Sandifer, Sharpe, D. C. Smith, J. R. Smith, Trotter, Vaughn, Walker and White: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION AND FROM PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THIS PROVISION.
Referred to Committee on Judiciary

H. 3412 (Word version) -- Rep. Knotts: A BILL TO AMEND CHAPTER 53, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITIONS OF "ACCOMMODATION BONDSMAN", "BAIL BONDSMAN", "RUNNER", AND "SURETY"; TO REVISE THE CONDITIONS UPON WHICH A SURETY MAY BE RELIEVED ON A BOND; TO REVISE THE CONDITIONS UPON WHICH A BOND MUST BE FORFEITED AND THE PAYMENT OF AN ESTREATMENT; TO REQUIRE THAT A PERSON FILING AN APPLICATION TO BE LICENSED AS A PROFESSIONAL BONDSMAN OR RUNNER MUST HAVE THE FINGERPRINTS AND PHOTOGRAPH HE SUBMITS WITH HIS APPLICATION CERTIFIED BY A LAW ENFORCEMENT OFFICER, AND PROVIDE THAT A BAIL BONDSMAN OR RUNNER MAY ASSIST ANY OTHER BONDING AGENT OR AGENCY IN LOCATING, APPREHENDING, AND RETURNING ANY DEFENDANT WHO HAS VIOLATED A CONDITION OF A BOND; TO PROVIDE THAT AN APPLICANT FOR A LICENSE TO BECOME A RUNNER MUST SHOW THAT HE IS ENDORSED BY A LICENSED BAIL BONDSMAN WHO HAS OBLIGATED HIMSELF TO SUPERVISE HIS ACTIVITIES, AND TO DELETE THE REQUIREMENT THAT HE MUST SHOW THAT HE WILL BE EMPLOYED BY ONLY ONE BAIL BONDSMAN WHO WILL SUPERVISE HIS WORK AND IS RESPONSIBLE FOR HIS CONDUCT IN THE BAIL BOND BUSINESS; TO PROVIDE THAT THE DEPARTMENT OF INSURANCE MUST ISSUE A PICTURE IDENTIFICATION TO A LICENSED BAIL BONDSMAN; AND TO PROVIDE THAT A COUNTY, CITY, OR TOWN SHALL NOT LICENSE OR LEVY A LICENSE TAX ON BAIL BONDSMEN AND MAY NOT REQUIRE A BONDSMAN TO DEPOSIT

H. 3413 (Word version) -- Rep. Knotts: A BILL TO AMEND TITLE 39 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 SO AS TO REINSTATE THE SOUTH CAROLINA CEMETERY BOARD AND TO FURTHER PROVIDE FOR THE LICENSING AND REGULATION OF CEMETERY COMPANIES UNDER THE SECRETARY OF STATE AND TO REPEAL CHAPTER 55, TITLE 39 RELATING TO THE LICENSURE AND REGULATION OF CEMETERIES.
Referred to Committee on Labor, Commerce and Industry

H. 3414 (Word version) -- Reps. Knotts and Whatley: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 SO AS TO ENACT THE SOUTH CAROLINA PERPETUAL CARE CEMETERY ACT, ESTABLISH THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD, PROVIDE FOR ITS POWERS AND DUTIES, AND REVISE THE PROVISIONS OF THE CHAPTER REGARDING THE REQUIREMENTS FOR BURIAL VAULTS, CEMETERIES, AND LICENSES; AND TO REPEAL CHAPTER 55, TITLE 39 RELATING TO CEMETERIES.
Referred to Committee on Labor, Commerce and Industry

H. 3415 (Word version) -- Reps. Stille, Littlejohn and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6247 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON CHARGED WITH DRIVING MORE THAN FIFTEEN MILES AN HOUR OVER THE POSTED SPEED LIMIT ON AN INTERSTATE HIGHWAY MUST BE TEMPORARILY IMPOUNDED AND TO PROVIDE THE SCHEDULE OF THE IMPOUNDMENT REVIEW, TO PROVIDE FOR AN APPEAL AND TO REQUIRE THE PAYMENT OF TOWING AND STORAGE COSTS BEFORE A VEHICLE MAY BE RELEASED.
Referred to Committee on Judiciary

H. 3416 (Word version) -- Reps. Stille, Allison, Barrett, Littlejohn and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,

S. 132 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.
Referred to Committee on Judiciary

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

H. 3406 (Word version) -- Reps. Talley, Allison, Davenport, Lee, Littlejohn, Sinclair, W. D. Smith and Walker: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS, PARENTS, AND OFFICIALS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND ON WEDNESDAY, FEBRUARY 7, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND INTRODUCED AND A RENDERING OF A PERFORMANCE BY THE STUDENTS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to a delegation of students, parents, and officials from the South Carolina School for the Deaf and the Blind on Wednesday,

The Resolution was adopted.

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

H. 3407 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PLAYERS, COACHES, AND TRAINERS OF THE DORMAN HIGH SCHOOL VARSITY FOOTBALL TEAM, THE DORMAN HIGH SCHOOL LADIES VOLLEYBALL TEAM, AND THE DORMAN HIGH SCHOOL LADIES GOLF TEAM, AS WELL AS TO OTHER DORMAN HIGH SCHOOL OFFICIALS ON THURSDAY, FEBRUARY 8, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAMS ON WINNING THE SOUTH CAROLINA REGION II 4-A STATE CHAMPIONSHIPS IN THEIR RESPECTIVE SPORTS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives to the players, coaches, and trainers of the Dorman High School Varsity Football Team, the Dorman High School Ladies Volleyball Team, and the Dorman High School Ladies Golf Team, as well as to other Dorman High School officials on Thursday, February 8, 2001, at a time to be determined by the Speaker, for the purpose of recognizing and congratulating the teams on winning the South Carolina Region II 4-A State Championships in their respective sports.

The Resolution was adopted.

The following was introduced:

H. 3408 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO COMMEND THE DORMAN HIGH SCHOOL VARSITY FOOTBALL TEAM ON

The Resolution was adopted.

The following was introduced:

H. 3409 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO COMMEND THE "LADY CAVALIERS" GOLF TEAM OF DORMAN HIGH SCHOOL OF SPARTANBURG FOR THEIR COMPETITIVE SPIRIT AND OUTSTANDING PERFORMANCE INDIVIDUALLY AND AS A TEAM THROUGHOUT THE 2000 CLASS AAAA GIRLS GOLF COMPETITION AND CONGRATULATE THEM ON THE OCCASION OF THEIR WINNING THE 2000 CLASS AAAA GIRLS GOLF STATE CHAMPIONSHIP.

The Resolution was adopted.

The following was introduced:

H. 3410 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO COMMEND THE MEMBERS AND MANAGERS OF THE DORMAN HIGH SCHOOL VOLLEYBALL TEAM AND COACH PAULA KIRKLAND ON THEIR OUTSTANDING CHAMPIONSHIP SEASON AND CONGRATULATE THEM ON THEIR TEAM AND INDIVIDUAL ACHIEVEMENTS.

The Resolution was adopted.

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                 Coleman                Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kelley                 Kennedy                Kirsh
Knotts                 Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lucas
Mack                   McCraw                 McGee
McLeod                 Merrill                Miller
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Rhoad
Rice                   Riser                  Rivers
Robinson               Rodgers                Rutherford
Sandifer               Scarborough            Scott
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
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 31.

Joel Lourie                       Bill Cotty
Fletcher Smith                    Gilda Cobb-Hunter
Jackson Whipper                   Becky Meacham-Richardson

Becky Martin                      Larry Koon
James Klauber

The SPEAKER granted Rep. HARVIN a leave of absence for the day due to illness.

Rep. WHIPPER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 30.

Announcement was made that Dr. Patricia P. Westmoreland of Greenville is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second 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. 3290 (Word version)
Date:   REMOVE:
01/31/01   ROBINSON

Bill Number:   H. 3290 (Word version)
Date:   REMOVE:
01/31/01   LIMEHOUSE

Bill Number:   H. 3174 (Word version)
Date:   ADD:
01/31/01   TRIPP

Bill Number:   H. 3288 (Word version)
Date:   ADD:
01/31/01   WHITE

Bill Number:   H. 3295 (Word version)
Date:   ADD:
01/31/01   WHITE

Bill Number:   H. 3202 (Word version)
Date:   ADD:
01/31/01   WHITE

Bill Number:   H. 3333 (Word version)
Date:   ADD:
01/31/01   WHITE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

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.

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

S. 213 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 459 OF 2000, RELATING TO PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE AND AUTHORIZING THE COMMITTEE TO EXPEND CERTAIN FUNDS FOR CONTRACTUAL SERVICES, SO AS TO PROVIDE THAT COMMITTEE MEMBERS MAY BE PAID THE USUAL MILEAGE FOR THEIR ROAD INSPECTIONS.

H. 3378 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO REGISTRATION OF LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2549, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 3227 (Word version) -- Reps. Altman and Neilson: 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 THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.

Rep. ALTMAN explained the Bill.

The following Bill was taken up:

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

Reps. MCLEOD, KENNEDY, CATO, CARNELL, PARKS, THOMPSON, TOWNSEND, J. E. SMITH, RUTHERFORD, RIVERS, GOVAN, COBB-HUNTER, OTT, J. H. NEAL, RHOAD, HOWARD, W. D. SMITH, STUART, WITHERSPOON, CLYBURN, WEEKS, MEACHAM-RICHARDSON, JENNINGS, HAYES, EMORY, LUCAS, HINSON, TALLEY, PHILLIPS, MACK, R. BROWN, SHARPE, M. HINES, WHATLEY, KIRSH and SIMRILL requested debate on the Bill.

The following Joint Resolution was taken up:

H. 3381 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CONTACT WITH PATIENTS BEFORE PRESCRIBING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2548, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

Rep. KIRSH 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.

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 114 (Word version) -- Senators McConnell, Giese, Ford, Elliott and Reese: A BILL TO AMEND SECTION 2-59-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENATE MANAGEMENT AND OPERATIONS COMMITTEE, SO AS TO INCREASE THE NUMBER OF MEMBERS FROM SEVEN TO NINE.

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

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

H. 3417 (Word version) -- Reps. Merrill and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A PERSON WHOSE ACTIVITIES INCLUDE THOSE RELATED TO LOBBYING AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary

H. 3418 (Word version) -- Reps. Harrell, Quinn, Knotts, Altman, Limehouse, Bingham, Chellis, Harrison, Kelley, Riser, Rodgers, Sandifer, Simrill, W. D. Smith, Tripp, Walker and A. Young: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE

H. 3419 (Word version) -- Reps. Harrell, Quinn, Limehouse, Knotts, Altman, Harrison, Kelley, Bingham, Chellis, Riser, Rodgers, Sandifer, Simrill, W. D. Smith, Tripp, Walker and A. Young: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
Referred to Committee on Ways and Means

H. 3420 (Word version) -- Reps. Robinson, Knotts, Altman, Campsen, Coates, Coleman, Delleney, Easterday, Fleming, Harrison, Lucas, McGee, Rice, Scott, Simrill, Sinclair, G. M. Smith, W. D. Smith, Taylor, Whatley and J. Young: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO FURTHER PROVIDE FOR THE AWARDING OF ATTORNEY'S FEES IN THESE ACTIONS AND IN ADMINISTRATIVE PROCEEDINGS; AND TO AMEND SECTION 15-77-310, RELATING TO PETITIONING FOR ATTORNEY'S FEES, SO AS TO REVISE THE TIME WITHIN WHICH THE PREVAILING PARTY MUST PETITION FOR ATTORNEY'S FEES AND TO PERMIT A PETITION FOR ATTORNEY'S FEES IN ADMINISTRATIVE ACTIONS.
Referred to Committee on Judiciary

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

H. 3421 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 21, 2001.

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

That the Chief Justice of the South Carolina Supreme Court, the Honorable Jean Hoefer Toal, is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 noon on Wednesday, February 21, 2001.

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Toal.

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

The following was introduced:

H. 3422 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF DR. KAILASH V. MATHUR OF ORANGEBURG COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

The following Bill was taken up:

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.

Rep. CARNELL moved to adjourn debate on the Bill until Tuesday, February 6.

Rep. CATO moved to table the motion.

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

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Campsen                Cato
Chellis                Cooper                 Dantzler
Davenport              Easterday              Edge
Fleming                Gilham                 Hamilton
Harrell                Harrison               Hinson
Huggins                Keegan                 Kelley
Knotts                 Law                    Leach
Limehouse              Loftis                 Lourie
Martin                 Merrill                Owens
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Smith, D.C.
Smith, J.R.            Stille                 Taylor
Thompson               Tripp                  Trotter

Vaughn                 Webb                   Whatley
White                  Wilkins                Witherspoon

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Brown, J.              Brown, R.              Carnell
Clyburn                Coates                 Cobb-Hunter
Coleman                Cotty                  Delleney
Emory                  Freeman                Gourdine
Haskins                Hayes                  Hines, J.
Hines, M.              Howard                 Jennings
Kennedy                Kirsh                  Lee
Littlejohn             Lloyd                  Lucas
Mack                   McCraw                 McGee
McLeod                 Meacham-Richardson     Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Perry                  Phillips               Rhoad
Rivers                 Robinson               Rutherford
Scott                  Sharpe                 Simrill
Sinclair               Smith, F.N.            Smith, G.M.
Smith, J.E.            Smith, W.D.            Snow
Stuart                 Talley                 Walker
Weeks                  Whipper                Wilder
Young, J.

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Tuesday, February 6, which was agreed to.

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

At 10:50 a.m. the House, in accordance with the motion of Rep. MILLER, adjourned in memory of Herbert Knox, to meet at 10:00 a.m. tomorrow.

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