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


Printed Page 488 . . . . . Wednesday, January 30, 2002

Wednesday, January 30, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Thank You, Lord, for this new day. Each blessing that this day holds is a gift from You. Give us each the wisdom to live this day in keeping with Your teachings. Enable us to see each door as an opportunity and grant us the faith to walk through it with You. Lead us to trust in You in every circumstance of life. Fill us with praise and thanksgiving that we can come to You and say "this is the day which the Lord has made; we will rejoice and be glad in it." 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. KNOTTS moved that when the House adjourns, it adjourn in memory of Captain Daniel McCollum of Irmo, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 4071 (Word version) -- Reps. J. H. Neal, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Quinn, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION OF INTERSTATE HIGHWAY 77 AND SHOP ROAD IN RICHLAND COUNTY THE "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE" IN MEMORY OF LIEUTENANT COLONEL GEORGE D. MARTIN III WHO LOST HIS LIFE ALONG WITH SIX OTHER AMERICANS AND NINE VIETNAMESE IN A HELICOPTER CRASH ON APRIL 7, 2001, IN VIETNAM WHILE


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SEARCHING FOR AMERICANS MISSING IN ACTION DURING THE VIETNAM WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS WHICH CONTAIN THE WORDS "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE".
Ordered for consideration tomorrow.

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

H. 4346 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME S-39-320 IN PICKENS COUNTY, WHICH IS DESIGNATED AS "PERIMETER ROAD", "SILAS N. PEARMAN BOULEVARD", TO RECOGNIZE THE ACCOMPLISHMENTS OF THE LATE MR. SILAS N. PEARMAN, FORMER CHIEF HIGHWAY COMMISSIONER FOR THE STATE OF SOUTH CAROLINA, AND DISTINGUISHED GRADUATE OF CLEMSON UNIVERSITY.
Ordered for consideration tomorrow.

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

H. 3761 (Word version) -- Reps. Knotts, Whatley, Coates, Keegan, Kelley, McGee, Meacham-Richardson, Riser, Sandifer, Simrill, Snow, Taylor, White and A. Young: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS AND THE PENALTIES THEREFOR, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES A "COUNTERFEIT MARK" AND TO INCREASE THE PENALTIES FOR VIOLATIONS INCLUDING THE ESTABLISHMENT OF CERTAIN FELONIES.
Ordered for consideration tomorrow.

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

H. 3102 (Word version) -- Reps. Simrill, Altman and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-230 SO AS TO PROVIDE THAT THE DRIVER OF A LAW ENFORCEMENT VEHICLE MAY NOT EXCEED THE


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SPEED LIMIT TO ENTICE THE DRIVER OF A PRIVATE MOTOR VEHICLE TO FOLLOW HIM AT A SPEED THAT EXCEEDS THE SPEED LIMIT IN AN EFFORT TO HAVE THE DRIVER OF THE PRIVATE MOTOR VEHICLE CHARGED WITH SPEEDING BY A LAW ENFORCEMENT OFFICER TRAVELING IN ANOTHER LAW ENFORCEMENT VEHICLE.
Ordered for consideration tomorrow.

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

H. 3802 (Word version) -- Reps. J. Young, Askins, McGee, G. M. Smith, Weeks, Lourie and McLeod: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE THAT THE BURNING MUST RESULT IN DAMAGE TO A BUILDING OR STRUCTURE AND TO DEFINE "DAMAGE".
Ordered for consideration tomorrow.

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

H. 4030 (Word version) -- Reps. Easterday and McLeod: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE'S LICENSE IS SUSPENDED SO AS TO PROVIDE THE MAGISTRATE'S COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION TO HEAR THE OFFENSE OF DRIVING WHILE ONE'S LICENSE IS SUSPENDED FOR REASONS OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Ordered for consideration tomorrow.

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

H. 3868 (Word version) -- Reps. A. Young, Keegan and Koon: A BILL TO AMEND SECTION 7-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF THE COUNTY BOARD OF CANVASSERS,


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SO AS TO MOVE FROM THURSDAY TO FRIDAY AFTER THE ELECTION THE TIME FOR THE BOARD TO MEET.
Ordered for consideration tomorrow.

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

H. 3790 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Wilkins and Altman: A JOINT RESOLUTION PROPOSING AMENDMENTS TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY AMENDING SECTION 7, ARTICLE III, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A QUALIFIED ELECTOR RATHER THAN A LEGAL RESIDENT AT THE TIME HE FILES FOR THE OFFICE AND BY ADDING SECTION 16 TO ARTICLE XVII SO AS TO REQUIRE A CANDIDATE SEEKING ELECTIVE OFFICE TO BE A QUALIFIED ELECTOR OF THE DISTRICT FROM WHICH HE IS TO BE ELECTED AT THE TIME HE FILES FOR THE OFFICE.
Ordered for consideration tomorrow.

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

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, White, Huggins, Hinson, Gourdine, A. Young, Martin, Thompson, Chellis, Merrill, Tripp, Dantzler, Owens, Meacham-Richardson and Bingham: 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


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THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THIS PROVISION.
Ordered for consideration tomorrow.

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

S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.
Ordered for consideration tomorrow.

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

S. 92 (Word version) -- Senators Wilson, Thomas, Reese, Rankin and Branton: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE PROBATE COURT BEFORE FILING OR ACCOMPANIED AT FILING BY AN AFFIDAVIT TO ATTEST TO ITS ACCURACY AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.
Ordered for consideration tomorrow.


Printed Page 493 . . . . . Wednesday, January 30, 2002

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

H. 4431 (Word version) -- Reps. Rodgers, Simrill, Meacham-Richardson and Gilham: A BILL TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.
Ordered for consideration tomorrow.

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

H. 3009 (Word version) -- Reps. Campsen, Sandifer, McGee, Davenport, Altman, Wilder, Meacham-Richardson, Stille, J. Young, Simrill, Walker, Cotty, Wilkins, Harrison and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.

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

H. 4476 (Word version) -- Reps. Harrison, Wilkins, Campsen, Lucas and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO GAMBLE MONEY, PROPERTY, OR ANYTHING OF VALUE UPON CERTAIN CONTESTS, GAMES, OR FUTURE EVENTS IN THIS STATE OR


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AT ANY LOCATION WITHIN THE JURISDICTION OF THIS STATE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON KNOWINGLY TO OWN, KEEP, OPERATE, MANAGE, OR MAINTAIN A DEVICE OR LOCATION THAT IS USED FOR UNLAWFUL GAMBLING AS PROHIBITED ABOVE, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION, AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 4054 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN SUCH AN APPLICANT MUST UNDERGO THIS REVIEW, THE MANNER OF THIS REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 4391 (Word version) -- Reps. Townsend, Littlejohn and Walker: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4610 (Word version) -- Reps. Keegan and Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


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SECTION 38-77-400 SO AS TO PROHIBIT AUTOMOBILE INSURANCE COMPANIES FROM RECOMMENDING THAT INSURANCE CLAIMANTS OBTAIN MOTOR VEHICLE REPAIR SERVICES FROM PARTICULAR SOURCES WITHOUT INFORMING THEM OF THEIR OPTIONS.
Referred to Committee on Labor, Commerce and Industry

H. 4611 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2566, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4612 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA GUARD STUDENT LOAN REPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2678, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4613 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 9, IN CAR CAMERA VIDEOTAPING EQUIPMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2610, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4614 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-10-109 SO AS TO PROHIBIT A LENDER FROM KNOWINGLY ENGAGING IN FLIPPING A HOME LOAN AND TO DEFINE "FLIPPING" AND "HOME LOAN"; BY ADDING SECTION 37-10-113 SO AS TO LIMIT THE IMPOSITION OF CHARGES FOR POINTS AND FEES IN CONNECTION WITH A LOAN MADE BY A CONSUMER LENDER AND A MORTGAGE LOAN BROKER


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AND TO DEFINE "POINTS AND FEES" AND "TOTAL LOAN AMOUNT"; BY ADDING SECTIONS 37-2-417, 37-3-413, AND 37-10-117, ALL SO AS TO PROHIBIT THE FINANCING OF CERTAIN INSURANCE PREMIUMS OR DEBT CANCELLATION OR SUSPENSION PAYMENTS IN CONNECTION WITH A CREDIT SALE OR LOAN SECURED BY A HOME; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; AND TO AMEND SECTION 37-10-105, AS AMENDED, RELATING TO DEBTOR REMEDIES IN CERTAIN LOANS, SO AS TO INCLUDE CERTAIN FACTORS ON WHICH THE COURT MAY BASE A FINDING THAT THE LOAN IS UNCONSCIONABLE.
Referred to Committee on Labor, Commerce and Industry

H. 4615 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO PROVIDE THAT THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE A DRIVER'S LICENSE SUSPENSION FOR REFUSAL TO SUBMIT TO A BREATH TEST OR REGISTERING AN ALCOHOL CONCENTRATION GREATER THAN THE EXISTING LAWFUL LIMIT IS FIFTY DOLLARS.
Referred to Committee on Education and Public Works

H. 4619 (Word version) -- Reps. Hinson, Altman and Limehouse: A BILL TO AMEND SECTION 40-69-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING THE LICENSURE AND REGULATION OF VETERINARIANS, SO AS TO DEFINE "INCOMPETENT OR NEGLIGENT CONDUCT"; TO AMEND SECTION 40-69-60, RELATING TO CONFIDENTIALITY OF RECORDS RELATING TO


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INSPECTIONS AND INVESTIGATIONS OF VETERINARIANS, SO AS TO PROVIDE THAT FOLLOWING FINAL ACTION OF THE BOARD, THESE RECORDS ARE PUBLIC INFORMATION; TO ADD SECTION 40-69-135 SO AS TO REQUIRE A VETERINARIAN TO REPORT TO THE BOARD ANY DISCIPLINARY ACTION TAKEN AGAINST THE VETERINARIAN IN ANOTHER STATE AND TO REQUIRE THE BOARD TO PUBLISH A NOTICE OF THIS IN THE NEWSPAPER AND ON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION'S INTERNET HOME PAGE; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS FOR MISCONDUCT FOR VETERINARIANS, SO AS TO REQUIRE THE ISSUANCE OF A PUBLIC REPRIMAND IF A VETERINARIAN ENGAGES IN MISCONDUCT; TO AMEND SECTION 40-69-150, RELATING TO COMPLAINTS AGAINST VETERINARIANS, SO AS TO PROVIDE THAT FOLLOWING THE FINAL ACTION OF THE VETERINARIAN BOARD ALL DOCUMENTS AND RECORDS OF PROCEEDINGS ARE PUBLIC INFORMATION; AND TO ADD SECTION 40-69-155 SO AS TO PROVIDE THAT IN A CIVIL ACTION AGAINST A VETERINARIAN FOR THE TREATMENT OR FAILURE TO TREAT AN ANIMAL, A PERSON MAY SEEK DAMAGES FOR THE OWNER'S PAIN AND SUFFERING.
Referred to Committee on Labor, Commerce and Industry

H. 4620 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 23-6-300, AS AMENDED, RELATING TO THE CREATION, FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY'S MOTOR VEHICLE DIVISION, SO AS TO PROVIDE THAT THE DIVISION MAY ENTER INTO CONTRACTS WITH PERSONS, CORPORATIONS, OR GOVERNMENTAL SUBDIVISIONS THROUGHOUT THE STATE TO PROVIDE CERTAIN MOTOR VEHICLE SERVICES, AND TO PROVIDE THAT THE DIVISION SHALL SUPERVISE THE PROVISION OF THESE SERVICES, AND COMPENSATE EACH CONTRACTING PARTY THAT PROVIDES THESE SERVICES.
Referred to Committee on Education and Public Works

S. 826 (Word version) -- Senators Martin and Elliott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, AS AMENDED, RELATING TO THE CREATION OF A LOCAL JAIL TASK


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FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2003, BEFORE WHICH DATE IT MUST MAKE ITS REPORT.
Referred to Committee on Judiciary

HOUSE RESOLUTION

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

H. 4616 (Word version) -- Rep. Townsend: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO WHITE KNOLL MIDDLE SCHOOL PRINCIPAL DR. NANCY TURNER AND STUDENTS AND STAFF REPRESENTATIVES ON WEDNESDAY, FEBRUARY 20, 2002, AT 10:00 A.M., FOR THE PURPOSE OF RECOGNIZING WHITE KNOLL MIDDLE SCHOOL OF LEXINGTON COUNTY, SCHOOL DISTRICT ONE, ON ITS AWESOME ACCOMPLISHMENT OF RAISING OVER HALF A MILLION DOLLARS TO PURCHASE A NEW YORK CITY FIRE TRUCK.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to White Knoll Middle School Principal Dr. Nancy Turner and students and staff representatives on Wednesday, February 20, 2002, at 10:00 a.m., for the purpose of recognizing White Knoll Middle School of Lexington County, School District One, on its awesome accomplishment of raising over half a million dollars to purchase a New York City fire truck.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4617 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO JOIN THE WORLD IN RECOGNIZING THE STUDENTS AND


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STAFF OF WHITE KNOLL MIDDLE SCHOOL OF WEST COLUMBIA IN LEXINGTON COUNTY, SCHOOL DISTRICT ONE, FOR THEIR AWESOME ACCOMPLISHMENT IN RAISING MORE THAN FIVE HUNDRED TWENTY THOUSAND DOLLARS TO REPLACE A FIRE ENGINE LOST TO NEW YORK CITY LADDER COMPANY 101/ENGINE 202 IN THE DEVASTATION OF SEPTEMBER 11, AND TO EXPRESS TO THE STUDENTS AND STAFF THE PRIDE OF THE CITIZENS OF SOUTH CAROLINA IN THEIR DEMONSTRATION OF BOUNDLESS COMPASSION AND COMMITMENT.

Whereas, the students and staff of White Knoll Middle School in West Columbia, South Carolina, reacted to the September 11 World Trade Center devastation initially with horror and disbelief and, then, a need to "do something" to help; and

Whereas, their compassion led to a commitment to raise the funds to replace one of the fire trucks lost in the destruction of the Twin Towers; and

Whereas, they were successful in their efforts through all kinds of contributions: from a handful of pennies to a check for one hundred thousand dollars, from a child's birthday party fund to a senior's fixed income, from their own family members to people around the country and the world; and

Whereas, when the students and staff delivered the check representing the culmination of their efforts to the firefighters known as the Red Hook Raiders in New York City, they were also repaying a one hundred thirty, plus, year-old debt to New York City firefighters who sent firefighting equipment to Columbia in 1867 to replace that lost in the Civil War; and

Whereas, when they waved in acknowledgment of cheering crowds from their places with Yankees' Manager, Joe Torre and Mayor Rudy Giuliani on a Macy's Thanksgiving Parade float and when they told their compelling story on countless television and radio stations and in worldwide print publications, they also were bringing honor to their school, their community, and their State. Now, therefore,


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

That members of the General Assembly join the world in recognizing the students and staff of White Knoll Middle School of West Columbia in Lexington County, School District One, for their awesome accomplishment in raising more than five hundred twenty thousand dollars to replace a fire engine lost to New York City Ladder Company 101/Engine 202 in the devastation of September 11, and express to the students and staff the pride of the citizens of South Carolina in their demonstration of boundless compassion and commitment.

Be it further resolved that a copy of this resolution be presented to students, Amy and Lizzie Cuthbertson, Amanda Collins, Corey Husselton, Scott Johnson, Dana Pfeifer, Jessica Mack, and Shantel Porter; Principal, Dr. Nancy Turner; and Service Learning Teacher, Janice Chubbuck on behalf of all the students and staff at White Knoll Middle School.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4618 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION EXPRESSING SINCEREST SORROW AT THE DEATH OF DR. MACY R. GASQUE OF THE GRESHAM COMMUNITY OF MARION COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham

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Bowers                 Breeland               Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Coleman                Cooper
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Hamilton
Harrell                Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Neilson                Ott
Parks                  Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Rivers                 Robinson
Rodgers                Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Taylor                 Thompson
Townsend               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 Wednesday, January 30.

Scott Talley                      David Owens
Jackson Whipper                   Grady Brown
Dwight Loftis                     H.B. "Chip" Limehouse

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Ralph Davenport                   Todd Rutherford
Joseph Neal                       Alex Harvin
James Harrison                    Bill Cotty

Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARRISON a temporary leave of absence due to appearing in federal court.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STUART a leave of absence due to being out of town.

STATEMENTS OF ATTENDANCE

Reps. KEEGAN and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, January 29.

DOCTOR OF THE DAY

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

SPECIAL PRESENTATION

Rep. SANDIFER presented to the House the Seneca High School "Lady Bobcats" Softball Team, the 2001 Class AAA 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


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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. 3009 (Word version)
Date:   ADD:
01/30/02   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4476 (Word version)
Date:   ADD:
01/30/02   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3802 (Word version)
Date:   ADD:
01/30/02   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3872 (Word version)
Date:   ADD:
01/30/02   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3938 (Word version)
Date:   ADD:
01/30/02   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4030 (Word version)
Date:   ADD:
01/30/02   MCLEOD


Printed Page 504 . . . . . Wednesday, January 30, 2002

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

S. 610 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 25-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND OF SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF BOARD MEMBERS FROM ELEVEN TO NINETEEN, TO REQUIRE AT LEAST ELEVEN MEMBERS, RATHER THAN ALL OF THE MEMBERS, TO BE HONORABLY DISCHARGED VETERANS, AND TO DELETE THE PROVISION RESTRICTING MEMBERS FROM SERVING MORE THAN EIGHT CONTINUOUS YEARS ON THE BOARD.

ORDERED TO THIRD READING

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

H. 4593 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR PERMITTING BODY PIERCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2623, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MACK explained the Joint Resolution.

H. 4498--SENATE AMENDMENTS CONCURRED IN AND JOINT RESOLUTION ENROLLED

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

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


Printed Page 505 . . . . . Wednesday, January 30, 2002

PATIENT DAY FEE AND TO FURTHER PROVIDE FOR THE CALCULATION AND COLLECTION OF THIS FEE.

The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

MOTION PERIOD

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

S. 297--DEBATE ADJOURNED

The following Bill was taken up:

S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT


Printed Page 506 . . . . . Wednesday, January 30, 2002

FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.

Rep. CAMPSEN moved to adjourn debate on the Bill until Tuesday, February 5.

Rep. PERRY moved to table the motion.

Rep. CAMPSEN demanded the yeas and nays which were taken, resulting as follows:

Yeas 12; Nays 91

Those who voted in the affirmative are:

Altman                 Cooper                 Davenport
Hinson                 Kelley                 Loftis
Merrill                Perry                  Robinson
Trotter                Vaughn                 Witherspoon

Total--12

Those who voted in the negative are:

Allen                  Askins                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Coleman
Cotty                  Dantzler               Delleney
Easterday              Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hamilton

Printed Page 507 . . . . . Wednesday, January 30, 2002

Harrell                Haskins                Hayes
Hines, J.              Hines, M.              Hosey
Huggins                Jennings               Keegan
Kirsh                  Klauber                Koon
Law                    Leach                  Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Miller                 Moody-Lawrence
Neilson                Ott                    Owens
Rhoad                  Rice                   Riser
Rivers                 Rodgers                Sandifer
Scarborough            Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Talley                 Taylor                 Thompson
Townsend               Tripp                  Webb
Whatley                Whipper                White
Wilder                 Wilkins                Young, A.
Young, J.

Total--91

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Tuesday, February 5, which was agreed to.

RECURRENCE TO THE MORNING HOUR

Rep. CAMPSEN 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. 4621 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 24-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF PROCEEDINGS BEFORE THE DEPARTMENT OF PROBATION, PAROLE AND


Printed Page 508 . . . . . Wednesday, January 30, 2002

PARDON SERVICES, SO AS TO PROVIDE THAT TESTIMONY PROVIDED BY A VICTIM AND INFORMATION ABOUT A VICTIM SHALL NOT BE RELEASED PURSUANT TO THIS SECTION.
Referred to Committee on Judiciary

H. 4622 (Word version) -- Reps. Wilkins, Harrell, Jennings, Keegan, J. Young, Hayes, Battle, Lourie, G. Brown, Carnell, Cato, Coleman, Emory, Gilham, Hinson, Leach, McGee, J. M. Neal, Ott, Perry, Riser, Sandifer, Scarborough, J. E. Smith, J. R. Smith, Stuart, Trotter and Whatley: A BILL TO ENACT THE "SOUTH CAROLINA RESEARCH CENTERS OF ECONOMIC EXCELLENCE ACT", INCLUDING PROVISIONS TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 75 SO AS TO ESTABLISH A CENTER OF EXCELLENCE MATCHING ENDOWMENT FUND TO BE FUNDED FROM APPROPRIATIONS FROM THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT FOR THE PURPOSE OF PROVIDING MATCHING FUNDS TO THE THREE SENIOR RESEARCH UNIVERSITIES OF THIS STATE IN ORDER TO CREATE ENDOWMENT PROFESSORSHIPS.
Referred to Committee on Ways and Means

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4597 (Word version) -- Reps. J. Young, G. M. Smith, Weeks, G. Brown and J. H. Neal: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ISIDORE DENEMARK OF SUMTER COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 10:55 a.m. the House, in accordance with the motion of Rep. KNOTTS, adjourned in memory of Captain Daniel McCollum of Irmo, to meet at 10:00 a.m. tomorrow.

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