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

Tuesday, January 15, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. COTTY as follows:

We thank You, Lord God, for this new day and its beauty, for work to do and the strength with which to do it. Grant us the serenity to accept things that cannot be changed and the determination to change things that ought to be changed. Give us hope that never changes to despair and loyalty that never diminishes. Arm our will with Your strength. Keep us steadfast in our discipleship. Grant to us the deep contentment of work completed and duty done in service to our God and to our fellowmen. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. RISER moved that when the House adjourns, it adjourn in memory of Dr. William Bruce Crowley, which was agreed to.

REGULATIONS RECEIVED

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

Document No. 2667
Agency: Department of Archives
Statutory Authority: 1976 Code Section 30-1-90(B)
General Retention Schedule for State Financial Records
Received by Speaker of the House of Representatives
January 11, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 10, 2002

Document No. 2684
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Renewal of Credentials
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2002

Document No. 2679
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-39-100
Summer Programs
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2002

Document No. 2682
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-5-60
Requirements for Initial Certification at the Advanced Level
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2002

Document No. 2666
Agency: Department of Archives and History
Statutory Authority: 1976 Code Section 30-1-90(B)
General Retention Schedule for State Administrative Records
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2002

Document No. 2669
Agency: Department of Archives and History
Statutory Authority: 1976 Code Section 30-1-90(B)
General Retention Schedules for County Records
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2002

Document No. 2668
Agency: Department of Archives and History
Statutory Authority: 1976 Code Section 30-1-90(B)
General Retention Schedule for State Personnel Records
Received by Speaker of the House of Representatives
January 14, 2002
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2002

Document No. 2694
Agency: Education Lottery Commission
Statutory Authority: 1976 Code Section 59-150-10 et seq.
South Carolina Education Lottery
Received by Speaker of the House of Representatives
January 15, 2002
Referred to Ways and Means Committee
Legislative Review Expiration May 15, 2002

CONCURRENT RESOLUTION

The following was introduced:

H. 4488 (Word version) -- Reps. Knotts, Bingham, Frye, Huggins, Koon, Riser and Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. WILSON O. SHEALY OF SWANSEA, SOUTH CAROLINA, FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AS A COMMISSIONER ON THE LEXINGTON COUNTY REGISTRATION AND ELECTIONS COMMISSION AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS.

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

CONCURRENT RESOLUTION

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

H. 4489 (Word version) -- Reps. Delleney, McGee and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 6, 2002, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 4, WHOSE TERM EXPIRES JULY 31, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 13, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 6, 2002, at 12:00 noon, to elect a successor to the Honorable John H. Waller, Jr., Justice of the Supreme Court, Seat 4, whose term expires July 31, 2002; to elect a successor to the Honorable H. Samuel Stilwell, Judge of the Court of Appeals, Seat 7, whose term expires June 30, 2002; to elect a successor to the Honorable J.C. Nicholson, Jr., Judge of the Circuit Court, At-Large Seat 7, whose term expires June 30, 2003; to elect a successor to the Honorable Alison Renee Lee, Judge of the Circuit Court, At-Large Seat 11, whose term expires June 30, 2002; to elect a successor to the Honorable James E. Brogdon, Jr., Judge of the Circuit Court, At-Large Seat 12, whose term expires June 30, 2002; to elect a successor to the Honorable John L. Breeden, Jr., Judge of the Circuit Court, At-Large Seat 13, whose term expires June 30, 2002; to elect a successor to the Honorable Ruben L. Gray, Judge of the Family Court for the Third Judicial Circuit, Seat 1, whose term expires June 30, 2004; to elect a successor to the Honorable James A. Spruill III, Judge of the Family Court for the Fourth Judicial Circuit, Seat 3, whose term expires June 30, 2002; to elect a successor to the Honorable Walter B. Brown, Jr., Judge of the Family Court for the Sixth Judicial Circuit, Seat 2, whose term expires June 30, 2002; to elect a successor to the Honorable Deadra L. Jefferson, Judge of the Family Court for the Ninth Judicial Circuit, Seat 5, whose term expires June 30, 2002; to elect a successor to the Honorable Amy C. Sutherland, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 3, whose term expires June 30, 2004; to elect a successor to the Honorable Robert N. Jenkins, Sr., Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 5, whose term expires June 30, 2002; to elect a successor to the Honorable Haskell T. Abbott III, Judge of the Family Court for the Fifteenth Judicial Circuit, Seat 3, whose term expires June 30, 2002; and to elect a successor to the Honorable C. Dukes Scott, Judge of the Administrative Law Judge Division, Seat 2, whose term expires June 30, 2002.

Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4490 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE 2001 CLEMSON UNIVERSITY "TIGERS" FOOTBALL TEAM AND HEAD COACH TOMMY BOWDEN ON THEIR OUTSTANDING WINNING SEASON AND TO APPLAUD THE CLEMSON "TIGERS" ON THEIR TREMENDOUS VICTORY IN THE 2001 HUMANITARIAN BOWL.

Whereas, the 2001 Clemson University Football Team, under the direction of Head Coach Tommy Bowden, capped a hard-fought winning season on New Year's Eve 2001 with a resounding victory in the Humanitarian Bowl in Boise, Idaho; and
Whereas, the Tigers brought together a powerful combination of experienced veterans and talented freshmen for the 2001 campaign and the team marched to victory six times during the regular season; after two tough wins over Central Florida and Wofford, the Tigers began a long and fierce season of conference play that included a thrilling overtime triumph over Georgia Tech, and exciting defeats of North Carolina State, Wake Forest, and Duke; and

Whereas, the Clemson Tigers traveled west to meet a tough Louisiana Tech team in the 2001 Humanitarian Bowl in Boise, Idaho on New Year's Eve and, after adjusting to the freezing temperatures of the Rocky Mountains, the Tigers put on an impressive offensive display gaining 273 yards on the ground and 275 yards through the air and pounded the Bulldogs by an amazing score of 49 to 24; and

Whereas, the 2001 Clemson Football Team made its mark in the school's record books by finishing the season with 5,184 yards of total offense, 369 points, and 49 touchdowns scored, the second highest totals in each of those categories in team history; and

Whereas, for Head Coach Tommy Bowden, along with his Assistant Coaches Brad Scott, Reggie Herring, Mike O'Cain, Rick Stockstill, Rodney Allison, Burton Burns, Jack Hines, Thielen Smith, and Ron West, to accomplish such outstanding achievements certainly takes a special caliber of exceptional athletes to perform at this impressive level of competition; and

Whereas, we would like to also recognize and commend Athletic Director Bobby Robinson, Associate Athletic Director Bill D'Andrea, Strength Training Director Joey Batson, Director of Sports Medicine Danny Poole, Assistant Athletic Director for Football Management Andy Johnston, and Assistant Athletic Director for Football Relations Don Hymel; and

Whereas, the Clemson Tigers finished the 2001 football season with a 7-5 overall record and Head Coach Tommy Bowden, along with his hard-working staff of assistant coaches have Tiger fans looking forward to many future seasons of high-powered Clemson Football; and

Whereas, the success of the 2001 Clemson Football Team has not only brought great pride to President James F. Barker, the faculty and administration, the enthusiastic students, and the loyal alumni and supporters, but also to the State of South Carolina. Now, therefore,

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

That the members of the South Carolina General Assembly of the State of South Carolina, by this resolution, extend their sincere congratulations to the 2001 Clemson University "Tigers" Football Team and Head Coach Tommy Bowden on their outstanding winning season and applaud the Clemson "Tigers" on their tremendous victory in the 2001 Humanitarian Bowl.

Be it further resolved that a copy of this resolution be presented to Head Coach Tommy Bowden.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 829 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 16, 2002, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 866 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE BILL MAHAN OF MONCKS CORNER ON BEING NAMED THE 2001 SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES EMPLOYEE OF THE YEAR AND TO EXPRESS APPRECIATION FOR HIS CONTINUED LOYALTY AND SERVICE TO THE STATE OF SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 4491 (Word version) -- Reps. G. M. Smith, J. Young and Weeks: A CONCURRENT RESOLUTION EXPRESSING SORROW REGARDING THE DEATH OF EDWIN C. CUTTINO OF SUMTER COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

HOUSE RESOLUTION

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

H. 4492 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE PLAYERS, COACHES, AND STAFF OF THE SENECA HIGH SCHOOL "LADY BOBCATS" SOFTBALL TEAM ON WEDNESDAY, JANUARY 30, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO COMMEND AND CONGRATULATE THEM ON WINNING THE 2001 CLASS AAA SOFTBALL STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the players, coaches, and staff of the Seneca High School "Lady Bobcats" Softball Team on Wednesday, January 30, 2002, at a time to be determined by the Speaker, to commend and congratulate them on winning the 2001 Class AAA Softball State Championship.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4493 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOVERNMENTAL ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLAN, SO AS TO PROVIDE THAT A RESIDENTIAL GROUP CARE FACILITY PROVIDING ON-SITE TEACHING FOR RESIDENTS IS ELIGIBLE IF EITHER ITS EMPLOYEES ARE CURRENTLY MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM OR IF IT PROVIDES AT NO COST EDUCATIONAL FACILITIES ON ITS GROUNDS TO THE SCHOOL DISTRICT IN WHICH IT IS LOCATED RATHER THAN BOTH OF THESE REQUIREMENTS.
Referred to Committee on Ways and Means

H. 4494 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTIONS 56-3-1750 AND 56-3-1760, BOTH AS AMENDED, AND SECTION 56-3-1770, RELATING TO UNITED STATES MILITARY RESERVE SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT MORE THAN ONE LICENSE PLATE MAY BE ISSUED TO AN ACTIVE OR RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, THAT SUFFICIENT FEES COLLECTED FROM THE ISSUANCE OF THESE LICENSE PLATES MUST BE PLACED IN A RESTRICTED ACCOUNT AND USED TO DEFRAY THE EXPENSE OF PRODUCING THE LICENSE PLATES, THAT LICENSE PLATES ISSUED TO RETIRED MEMBERS OF THE UNITED STATES MILITARY RESERVE SHALL HAVE IMPRINTED ON THEM OR A DECAL AFFIXED TO THEM THE WORD "RETIRED" OR AN ABBREVIATION SELECTED BY THE DEPARTMENT, AND TO PROVIDE THAT IF A HOLDER OF THIS SPECIAL LICENSE PLATE CEASES TO BE A RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, HE MUST RETURN THE SPECIAL LICENSE PLATE TO THE DEPARTMENT OF PUBLIC SAFETY.
Referred to Committee on Education and Public Works

H. 4495 (Word version) -- Reps. Huggins and Riser: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLAN, SO AS TO PROVIDE THAT PERSONS WHO ARE OTHERWISE ELIGIBLE FOR RETIREE INSURANCE WITH STATE-PAID PREMIUMS EXCEPT FOR MEETING THE CONSECUTIVE LAST FIVE YEARS OF SERVICE REQUIREMENT MAY BE ELIGIBLE IF ANY TEN YEARS OF SERVICE ARE CONSECUTIVE AND IN A FULL-TIME PERMANENT POSITION WITH A STATE-COVERED ENTITY AND TO DELETE OBSOLETE PROVISIONS.
Referred to Committee on Ways and Means

H. 4496 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 27-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM STATUTORY RULE AGAINST PERPETUITIES, SO AS TO ADD LANGUAGE TO THE UNIFORM ACT WHICH LIMITS THE EFFECT OF CERTAIN NONTRADITIONAL CLAUSES IN TRUSTS OR OTHER GOVERNING INSTRUMENTS TO TWENTY-ONE YEARS AFTER THE DEATH OF THE SURVIVOR OF THE SPECIFIED LIVES, THUS MAKING THE CLAUSE A TRADITIONAL PERPETUITY SAVING CLAUSE.
Referred to Committee on Judiciary

H. 4497 (Word version) -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. BINGHAM, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4498 (Word version) -- Rep. Quinn: A JOINT RESOLUTION TO PROVIDE THAT BEGINNING FEBRUARY 1, 2002 THROUGH JUNE 30, 2003, NURSING HOMES MUST PAY AN ANNUAL FRANCHISE FEE BASED UPON THE TOTAL PATIENT DAYS SERVED BY THE NURSING HOME MULTIPLIED BY A THREE DOLLAR PER PATIENT DAY FEE AND TO FURTHER PROVIDE FOR THE CALCULATION AND COLLECTION OF THIS FEE.
On motion of Rep. QUINN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4499 (Word version) -- Rep. Campsen: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 80 SO AS TO ENACT THE "UNIFORM MEDIATION ACT" TO PROVIDE THAT MEDIATION COMMUNICATIONS ARE PRIVILEGED, NOT SUBJECT TO DISCOVERY, AND NOT ADMISSIBLE IN EVIDENCE IN A PROCEEDING, TO ESTABLISH WHAT PRIVILEGES APPLY, TO AUTHORIZE CIRCUMSTANCES UNDER WHICH A PRIVILEGE CAN BE WAIVED, TO ESTABLISH THOSE MEDIATION COMMUNICATIONS NOT SUBJECT TO A PRIVILEGE, AND TO SET FORTH DISCLOSURE REQUIREMENTS FOR A MEDIATOR.
Referred to Committee on Judiciary

H. 4500 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 6-4-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE USES OF THE STATE TWO PERCENT SALES TAX ON ACCOMMODATIONS, SO AS TO ADD A DEFINITION FOR "DAY VISITOR" AND TO AMEND SECTION 6-4-10, AS AMENDED, RELATING TO THE DISTRIBUTION AND USE OF STATE ACCOMMODATIONS TAX REVENUES, SO AS TO AUTHORIZE SPECIFICALLY THE USE OF ACCOMMODATIONS TAXES TO ATTRACT AND PROVIDE FOR DAY VISITORS.
Referred to Committee on Ways and Means

H. 4501 (Word version) -- Rep. Scott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
Referred to Committee on Judiciary

H. 4502 (Word version) -- Reps. Walker and Davenport: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT MUST RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.
On motion of Rep. WALKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4503 (Word version) -- Reps. Allison and Walker: A BILL TO AMEND SECTION 43-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA COMMISSION FOR THE BLIND, SO AS TO DESIGNATE CERTAIN MANDATORY QUALIFICATIONS FOR ITS MEMBERS, TO REQUIRE THAT THE COMMISSION MEET AT LEAST QUARTERLY, AND TO MAKE OTHER TECHNICAL CORRECTIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 173 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.
Referred to Committee on Education and Public Works

S. 743 (Word version) -- Senators Bauer and Wilson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "PROJECT PET" SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.
Referred to Committee on Education and Public Works

CONCURRENT RESOLUTION

The following was introduced:

H. 4504 (Word version) -- Reps. J. Brown, Allen, Breeland, R. Brown, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks and Whipper: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE RALPH ANDERSON, SENATOR, DISTRICT NUMBER 7, GREENVILLE COUNTY, ON BEING CHOSEN AS ONE OF THE TOP TWENTY-FIVE LEADERS OF GREENVILLE BY THE GREENVILLE NEWS, AND SALUTING SENATOR ANDERSON FOR HIS OUTSTANDING, DEDICATED PUBLIC SERVICE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4505 (Word version) -- Reps. Allison, Davenport, Lee, Littlejohn, Sinclair, W. D. Smith, Talley, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION COMMENDING AND THANKING F. HUGH ATKINS OF SPARTANBURG COUNTY FOR HIS DEDICATED AND DISTINGUISHED SERVICE AS SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION COMMISSIONER FOR THE FOURTH CONGRESSIONAL DISTRICT.

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

CONCURRENT RESOLUTION

The following was introduced:

S. 865 (Word version) -- Senators J. V. Smith, Verdin, Fair, Anderson and Thomas: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE WOMEN'S CORRECTIONAL INSTITUTION THE "CAMILLE GRIFFIN GRAHAM CORRECTIONAL INSTITUTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Hamilton               Harrell
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 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                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Rivers
Robinson               Rutherford             Sandifer
Scarborough            Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
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 Tuesday, January 15.

Edith Rodgers                     Anne Parks
Ronald Townsend                   Kenneth Kennedy
Ronald Fleming                    Jackson Whipper
Alex Harvin                       Marion Carnell
Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARRISON a temporary leave of absence due to court hearings on reapportionment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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."

CO-SPONSOR ADDED

Bill Number:     H. 4433 (Word version)
Date:     ADD:
01/15/02     TRIPP

CO-SPONSOR ADDED

Bill Number:     H. 4388 (Word version)
Date:     ADD:
01/15/02     BARFIELD

CO-SPONSOR ADDED

Bill Number:     H. 4383 (Word version)
Date:     ADD:
01/15/02     BARFIELD

CO-SPONSOR ADDED

Bill Number:     H. 4382 (Word version)
Date:     ADD:
01/15/02     BARFIELD

CO-SPONSOR ADDED

Bill Number:     H. 4409 (Word version)
Date:     ADD:
01/15/02     BARFIELD

CO-SPONSOR ADDED

Bill Number:     H. 4407 (Word version)
Date:     ADD:
01/15/02     BARFIELD

CO-SPONSOR ADDED

Bill Number:     H. 4396 (Word version)
Date:     ADD:
01/15/02     BARFIELD

CO-SPONSOR ADDED

Bill Number:     H. 4384 (Word version)
Date:     ADD:
01/15/02     BARFIELD

CO-SPONSOR ADDED

Bill Number:     H. 4393 (Word version)
Date:     ADD:
01/15/02     BARFIELD

CO-SPONSOR REMOVED

Bill Number:     H. 3462 (Word version)
Date:     REMOVE:
01/15/02     TRIPP

H. 3678--DEBATE ADJOURNED

The following Bill was taken up:

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

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22129CM01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION     1.     Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-210.     (A)     Persons A person who newly acquiring vehicles acquires a vehicle and owners of foreign vehicles or an owner of a foreign vehicle being moved into this State and required to be registered under this chapter, may have not more than forty-five days in which to register and license them. before operating the vehicle on the state's highways during the forty-five day period contained in this section must:

(1)     transfer a license plate from another vehicle pursuant to subsection (D) of this section and Section 56-3-1290;

(2)     purchase a new license plate and registration;

(3)     purchase a temporary license plate from the Division of Motor Vehicles pursuant to subsection (B) of this section;

(4)     purchase a temporary license plate from the county auditor's office in the county in which the person resides pursuant to subsection (b)_of this section; or

(5)     obtain a temporary license plate from a dealer of new or used vehicles pursuant to subsection (C) of this section.

(B)     The Division of Motor Vehicles, or the county auditor's office must, upon proper application, issue a temporary license plate approved by the Division of Motor Vehicles to an applicant pursuant to subsection (A) of this section. The Division of Motor Vehicles or the county auditor's office must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Division of Motor Vehicles may require. The expiration date may not extend beyond forty-five days from the vehicle's date of purchase. A bill of sale must be maintained in the vehicle at all times to verify its date of purchase to a law enforcement officer. The bill of sale must provide a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. The Division of Motor Vehicles may charge a five dollar fee for the temporary license plate which the Comptroller General must place into a special restricted account to be used by the division to defray the expenses of the division associated with the production and issuance of the temporary license plates. The county auditor's office also may charge a five dollar fee for the temporary license plate to defray the expenses of the county auditor's office associated with the production and issuance of the temporary license plates.

(C)     A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. A bill of sale must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A dealer who issues a temporary license plate or allows a temporary license plate to be issued in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.

(D)     If a person intends to transfer a license plate from one vehicle to another vehicle, he may place the license plate to be transferred on the newly acquired vehicle on the date of its purchase. The bill of sale and registration which corresponds to the license plate must be maintained in the newly acquired vehicle at all times to verify its date of purchase to a law enforcement officer. The purchaser must register the vehicle with the Division of Motor Vehicles within forty-five days from its purchase date.

(E)     A person must replace a temporary license plate issued pursuant to this section with a permanent license plate and registration card as required by Section 56-3-110 within forty-five days of acquiring the vehicle or moving a foreign vehicle into this State. A person who operates a vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION     2.     Section 56-3-220 of the 1976 Code is repealed.
SECTION     3.     This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. STUART explained the amendment.
Rep. STUART spoke in favor of the amendment.

Rep. STUART moved to adjourn debate on the Bill until Wednesday, January 16, which was agreed to.

ORDERED TO THIRD READING

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

S. 511 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO REQUIRE A SUBSTANTIVE QUALITY REVIEW IN EACH COUNTY EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, AND TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED.

Rep. HARRELL explained the Bill.

H. 4392--POINT OF ORDER

The following Bill was taken up:

H. 4392 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM.

Rep. HARRISON proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20859SD02):
Amend the bill, as and if amended, by striking items (10) and (11) of Section 8-17-370 of the 1976 Code, as contained in SECTION 1, and inserting:

/     (10)     teaching or research faculty, professional librarians, academic administrators, or other persons holding faculty appointments at a four-year post-secondary educational institution, including branch campuses of the University of South Carolina, if any, as defined in Section 59-107-10, except the technical education colleges and centers;

(11)     athletic coaches and unclassified employees in the athletic departments of four-year post-secondary educational institutions as defined in Section 59-107-10 except the technical education colleges and centers; /
Amend further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION     ____.     Section 59-53-52(8) of the 1976 Code is amended to read:

"(8)     Employ the institutional chief administrative officer respective technical college president, who shall be employed at the will of the area commission from a list of at least three candidates recommended by a committee consisting of the chairman of the area commission or designated commission member, the chairman of the board or designated state board member and one area president appointed by the two aforementioned persons;" /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4404--POINT OF ORDER

The following Bill was taken up:

H. 4404 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 59-53-52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF AREA TECHNICAL EDUCATION COMMISSIONS, SO AS TO REVISE THE MANNER OF EMPLOYMENT AND THE EMPLOYMENT RELATION OF AREA TECHNICAL COLLEGE PRESIDENTS.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4464--RECALLED FROM SENATE

On motion of Rep. MCGEE, with unanimous consent, the following Bill was ordered recalled from the Senate:

H. 4464 (Word version) -- Reps. McGee, Coates, M. Hines, J. Hines and Askins: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY TO ADJUST THE SCHOOL DISTRICT'S TAX MILLAGE FOR THE 2002-2003 SCHOOL YEAR TO OFFSET THE MIDYEAR BUDGET CUTS MANDATED BY THE BUDGET AND CONTROL BOARD OF THE STATE OF SOUTH CAROLINA FOR THE SCHOOL DISTRICT DURING THE 2001-2002 SCHOOL YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR SHALL LEVY THE MILLAGE UPON ALL PROPERTY WITHIN THE SCHOOL DISTRICT, AND THE COUNTY TREASURER SHALL COLLECT THE TAXES LEVIED AND DISBURSE THE FUNDS.

S. 718--CONTINUED

The Senate amendments to the following Bill were taken up for consideration:

S. 718 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.

Rep. HARRELL moved to continue the Bill, which was agreed to.

H. 3477--NON-CONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration:

H. 3477 (Word version) -- Reps. Vaughn, Tripp, Hamilton, Easterday, Leach, Haskins, Wilkins and Cato: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE FOR WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

H. 3655--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3655 (Word version) -- Reps. R. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Bingham, Breeland, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Easterday, Emory, Freeman, Frye, Gilham, Govan, Harrell, Haskins, J. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Knotts, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, Ott, Owens, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G. M. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Townsend, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, Wilder and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF STATE HIGHWAY 162 AND TOWLES ROAD AND SALTER'S HILL ROAD IN CHARLESTON COUNTY AS THE "HENRIETTA GRANT INTERSECTION" IN HONOR OF THE LATE MRS. HENRIETTA GRANT OF HOLLYWOOD, SOUTH CAROLINA.

Whereas, where State Highway 162 intersects with Towles Road and Salter's Hill Road in Charleston County is a busily traveled thoroughfare used by the residents and visitors to Hollywood, South Carolina, and surrounding communities; and

Whereas, Mrs. Henrietta Grant of Hollywood, South Carolina, worked tirelessly over the years to have appropriate officials put a traffic light at this intersection in the interest of traffic safety; and

Whereas, in a recent terrible traffic accident, Mrs. Grant and her granddaughter were both killed at this location; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to her memory if this intersection were named in her honor. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, hereby request that the Department of Transportation name the intersection of State Highway 162 and Towles Road and Salter's Hill Road in Charleston County as the "Henrietta Grant Intersection" in honor of the late Mrs. Henrietta Grant of Hollywood, South Carolina. The department is requested to install appropriate markers or signs at places the department considers advisable containing the words "Henrietta Grant Intersection".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

H. 3093--DEBATE ADJOURNED

Rep. CAMPSEN moved to adjourn debate upon the following Bill until Wednesday, February 6, which was adopted:

H. 3093 (Word version) -- Reps. Campsen, Harrison, Altman, Simrill, Owens, Robinson, Easterday and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OR DEPARTMENT OF THE STATE FROM PROVIDING CONDOMS OR OTHER CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, FROM DISTRIBUTING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.

H. 4052--RECOMMITTED

The following Bill was taken up:

H. 4052 (Word version) -- Reps. Wilkins, Harrell, J. R. Smith and Robinson: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.

Rep. HARRELL moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4506 (Word version) -- Reps. Townsend, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, 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, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF FORMER LEGISLATOR, LEWIS PHILLIPS OF GREER, ON WEDNESDAY, DECEMBER 19, 2001, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Whereas, the members of the General Assembly of the State of South Carolina were deeply saddened by the death of beloved educator, loving family man, and former legislator, Lewis Phillips of Greer, on December 19, 2001; and

Whereas, Lewis Phillips was born in Spartanburg on April 22, 1920, to the late Reverend Numa M. Phillips and Frances William Phillips. He graduated from Greer High School and Wofford College and received a masters degree from Converse College; and

Whereas, Lewis Phillips enlisted in the United States Army after the attack on Pearl Harbor and served in North Africa, Italy, and France. He was Commander of the 178th Artillery in the South Carolina National Guard until he retired as Full Colonel in 1969; and
Whereas, Lewis Phillips began teaching and coaching at Jordan High School, then became Principal of Tigerville Elementary. He eventually returned to his alma mater, Greer High School, where he taught, coached, and served as Principal. Greer High School honored Mr. Phillips by naming the Lewis Phillips Gymnasium after him; and

Whereas, Mr. Phillips retired from the Greenville County School System in 1976, and was elected to the South Carolina Legislature where he served for twelve years. After retiring from the Legislature, he served on the Higher Education Commission for ten years; and

Whereas, Lewis Phillips was a member of Fews Chapel United Methodist Church, where he had been Church Pianist, Choir Director, Chairman of the Administrative Board, and Sunday School teacher; and

Whereas, the General Assembly extends its sympathy to the family and friends of Lewis Phillips. He is survived by his wife, Carolyn Lane Phillips; daughters, Candace J. Phillips of Greer and Anne P. Black of Spartanburg; son, Luke Phillips of Greer; grandson, David G. Buckner of Stuttgart, Germany; granddaughter, Meredith E. Chandler of Lexington, Virginia; two great-grandsons; sister, Emily Phillips Weir of Blackstock; nephews, Blair Robertson and Conrad Robertson. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express their profound sorrow upon the death of former Legislator, Lewis Phillips of Greer, on Wednesday, December 19, 2001, and extend deepest sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Carolyn Lane Phillips of Greer.

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

INTRODUCTION OF BILLS

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

H. 4507 (Word version) -- Reps. Quinn, Barfield, Barrett, Chellis, Cobb-Hunter, Delleney, Freeman, Hinson, Leach, Lucas, J. H. Neal, Neilson, Ott, Sandifer, Taylor, Vaughn, Wilder and A. Young: A JOINT RESOLUTION SUSPENDING THE TWO DOLLAR AND FIVE CENTS REDUCTION IN THE CALCULATION OF MEDICAID PRESCRIPTION PAYMENT REIMBURSEMENTS PROVIDED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES IN MEDICAID BULLETIN PHARM 01-06.
Referred to Committee on Ways and Means

H. 4508 (Word version) -- Reps. Loftis, Simrill, Cooper, Knotts, Meacham-Richardson, Kirsh, Allison, Barrett, Bingham, Cato, Davenport, Frye, Gilham, Haskins, Kelley, Koon, Leach, Littlejohn, Martin, Quinn, Rice, Rodgers, Sandifer, Scarborough, Sinclair, J. R. Smith, Stille, Taylor, Tripp, Trotter, Vaughn, Walker, Webb, Whatley and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2942 SO AS TO PROVIDE THAT THE CLERK OF THE COURT IN WHICH A PERSON IS CONVICTED OF A THIRD OR SUBSEQUENT OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, ANOTHER DRUG, OR A COMBINATION OF DRUGS OR SUBSTANCES MUST PUBLISH AT THE EXPENSE OF THE CONVICTED PERSON A NOTICE OF THE PERSON'S CONVICTION AND HIS PICTURE IN THE MANNER LEGAL NOTICES ARE PUBLISHED IN THE COUNTY IN WHICH THE PERSON RESIDES OR, FOR NONRESIDENTS, IN THE COUNTY IN WHICH THE PERSON WAS CONVICTED.
Referred to Committee on Judiciary

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

ADJOURNMENT

At 1:00 p.m. the House, in accordance with the motion of Rep. RISER, adjourned in memory of Dr. William Bruce Crowley, to meet at 2:00 p.m. tomorrow.

***

This web page was last updated on Thursday, June 25, 2009 at 1:03 P.M.