TUESDAY, JANUARY 16, 2001

Indicates Matter Stricken

Indicates New Matter

The House assembled at 12:00 noon.

Deliberations were opened with prayer by Rep. M. HINES as follows:

We thank You, Heavenly Father, for this great Country and for our places to serve God and our fellowmen. Give us the wisdom to understand Your Word, and wills to serve Your purposes. May all that we do be well pleasing in Your sight, fit for Your eyes to see. Give us the courage to attempt worthwhile things and patience to see them through. Give to us all a pure religion and a refined patriotism. May Your benediction rest upon us this day 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. CATO moved that when the House adjourns, it adjourn in memory of Anne Chewning Neese, mother of House staff member Dottie Nidiffer, which was agreed to.

MEMBER-ELECT SWORN IN

Mrs. Gloria A. Haskins, Member-elect from District No. 22, presented her credentials and the oath of office was administered to her by the SPEAKER.

INVITATIONS

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

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Chapter of the American Planning Association the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, February 1, 2001, from 8:00 to 9:30 a.m.

Sincerely,

Michael P. Criss

AICP, President

January 3, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Arts Alliance the Members of the House of Representatives are invited to a luncheon. This event will be held at the Clarion Town House Hotel on Tuesday, February 6, 2001, from 1:00 to 2:30 p.m.

Sincerely,

Betty J. Plumb

Executive Director

January 8, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the Construction Industry Association, Carolina AGC, the Members of the House of Representatives and staff are invited to a reception. This event will be held at the Koger Center for the Arts on Tuesday, February 6, 2001, from 6:00 to 8:00 p.m.

Sincerely,

Stephen P. Gennett

Executive Vice President

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina AARP State Legislative Committee the Members of the House of Representatives are invited to a breakfast. This event will be held at the Clarion Town House Hotel on Wednesday, February 7, 2001, from 8:00 to 10:00 a.m.

Sincerely,

Hannah Timmons

Coordinator, Capital City Task Office

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina School for the Deaf and the Blind the Members of the House of Representatives are invited to a drop-in luncheon. This event will be held in Room 221 of the Blatt Building on Wednesday, February 7, 2001, upon adjournment until 2:00 p.m.

Sincerely,

Sheila S. Breitweiser, Ed.D.

President

January 16, 2000

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Optometric Association the Members of the House of Representatives are invited to a reception. This event will be held at The Adam’s Mark Hotel on Wednesday, February 7, 2001, from 6:30 to 8:30 p.m.

Sincerely,

Claire H. Holley

Executive Director

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the ETV Endowment and South Carolina Educational Television the Members of the House of Representatives are invited to a breakfast. This event will be held at the SCETV Telecommunications Center, 1041 George Rogers Boulevard, on Thursday, February 8, 2001, from 8:00 to 9:30 a.m.

Sincerely,

Elaine T. Freeman

Executive Director

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Dental Association the Members of the House of Representatives are invited to an afternoon drop-in reception. This event will be held at the Capital City Club on Wednesday, February 14, 2001, beginning at 12:30 p.m. or upon adjournment.

Sincerely,

James H. Zorn, Jr.

Executive Director

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Credit Union League the Members of the House of Representatives are invited to a reception. This event will be held at Seawell’s on Wednesday, February 14, 2001, from 6:00 to 8:00 p.m.

Sincerely,

John R. Franklin

President

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Self-Insurers Association the Members of the House of Representatives and staff are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, February 15, 2001, from 8:00 to 9:30 a.m.

Sincerely,

Mobashir Salahuddin

Executive Director

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Transportation Policy and Research Council the Members of the House of Representatives are invited to a luncheon. This event will be held at the Summit Club on Tuesday, February 20, 2001, upon adjournment until 2:30 p.m.

Sincerely,

Norma U. Hamer

Executive Director

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Funeral Directors Association the Members of the House of Representatives are invited to a reception. This event will be held at the Capital City Club on Tuesday, February 20, 2001, from 6:00 to 8:30 p.m.

Sincerely,

C. Tom Rampey

President, SCFDA

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Nursery and Landscape Association the Members of the House of Representatives are invited to a breakfast. This event will be held at the Capital City Club on Wednesday, February 21, 2001, from 8:00 to 9:30 a.m.

Sincerely,

George Stoudenmire

President, SC Nursery & Landscape Association

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Pharmacy Association the Members of the House of Representatives, their spouses and staff are invited to an afternoon reception. This event will be held at the Holiday Inn Coliseum on Wednesday, February 21, 2001, upon adjournment.

Sincerely,

J. Michael Ross

SCPhA President-Elect

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Association of Counties the Members of the House of Representatives and staff are invited to a reception. This event will be held at The Embassy Suites Hotel on Wednesday, February 21, 2001, from 6:00 to 7:30 p.m.

Sincerely,

Robert R. Nash

President

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the Electric Cooperatives of South Carolina the Members of the House of Representatives and staff are invited to a reception. This event will be held at the Adam’s Mark Hotel on Tuesday, February 27, 2001, from 6:00 to 7:30 p.m.

Sincerely,

Fred A. Cole

President and Chief Executive Officer

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the Palmetto Conservation Foundation the Members of the House of Representatives are invited to a breakfast. This event will be held at the Capital City Club on February 28, 2001, at 8:00 a.m.

Sincerely,

Kenneth Driggers

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the Members of the South Carolina Supreme Court and Court of Appeals and the Circuit and Family Court Judges of South Carolina the Members of the House of Representatives and staff are invited to an “An Old Fashioned Barbecue” to meet with the Judges of this State. This event will be held at the National Guard Armory on Tuesday, February 13, 2001, from 6:00 to 8:00 p.m.

Sincerely,

Judge Paul M. Burch

The Circuit Court of the Fourth Judicial Circuit

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Association of Tourism Regions (SCATR) the Members of the House of Representatives and staff are invited to a luncheon. This event will be held at the Capital City Club on Wednesday, February 28, 2001, from 12:00 noon to 2:00 p.m.

Sincerely,

Tim Todd, Chair

Legislative Committee

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the Municipal Association of South Carolina the Members of the House of Representatives are invited to a reception. This event will be held at The Adam’s Mark Hotel on Wednesday, February 28, 2001, from 6:00 to 8:00 p.m.

Sincerely,

Avery B. Wilkerson, Jr.

President

January 16, 2001

The Honorable Ron Fleming

Chairman, House Invitations Committee

503-A Blatt Building

Columbia, South Carolina 29201

Dear Rep. Fleming:

On behalf of the South Carolina Broadcasters Association the Members of the House of Representatives are invited to a shrimp and grits breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, January 18, 2001, from 8:00 to 10:00 a.m.

Sincerely,

Sunny Jewell

Executive Manager

INTRODUCTION OF BILLS

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

H. 3265 -- Reps. Harrison and Knotts: A BILL TO AMEND SECTION 59-149-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO DELETE THE REQUIREMENT THAT THE 3.0 GRADE POINT AVERAGE REQUIRED OF STUDENTS AT AN INSTITUTION OF HIGHER LEARNING TO ATTAIN OR RECEIVE A LIFE SCHOLARSHIP MUST BE CUMULATIVE.

Referred to Committee on Education and Public Works

H. 3266 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-210 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL OBTAIN APPROVAL FROM A COUNTY'S LEGISLATIVE DELEGATION BEFORE THE DEPARTMENT CLOSES A BRIDGE FOR REPAIRS THAT WILL NOT BE COMPLETED WITHIN A FORTY-FIVE DAY PERIOD.

Referred to Committee on Education and Public Works

H. 3267 -- Rep. Harrison: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO CLARIFY THE DEFINITIONS OF "DEMOTION" AND "PROMOTION" WITH REGARD TO EMPLOYEES IN POSITIONS OR ASSIGNED TO POSITIONS WITHOUT A STATE SALARY RANGE.

Referred to Committee on Ways and Means

H. 3268 -- Rep. Harrison: A BILL TO AMEND SECTION 24-21-645 AND SECTION 24-21-650, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO ORDERS AUTHORIZING PAROLE, SO AS TO PROVIDE THAT IN THE CASE OF A PRISONER IN CONFINEMENT FOR A VIOLENT CRIME, THE CASE WILL BE REVIEWED BY THE BOARD EVERY TWO YEARS IF, UPON A NEGATIVE DETERMINATION OF PAROLE, THE BOARD FINDS IT IS NOT REASONABLE TO EXPECT THAT PAROLE WOULD BE GRANTED AT A HEARING THE FOLLOWING YEAR AND STATES THE BASIS FOR THAT FINDING.

Referred to Committee on Judiciary

H. 3269 -- Rep. Harrison: A BILL TO AMEND CHAPTER 9, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF CHIROPRACTIC EXAMINERS, 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 STATE BOARD OF CHIROPRACTIC EXAMINERS.

Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3270 -- 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.

Referred to Committee on Judiciary

H. 3271 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-395 SO AS TO PROHIBIT CONSIDERATION OF DATA, OPINIONS, COMMENTS, OR SUGGESTIONS PROVIDED BY EMPLOYEES OR AGENCIES OF THE FEDERAL GOVERNMENT UNLESS THEY ARE ACCOMPANIED BY A STATEMENT DECLARING THAT THE PREPARERS OF THE INFORMATION AND THE FILES OF THE AGENCY WILL BE AVAILABLE FOR DISCOVERY AND TESTIMONY IN PROCEEDINGS CONCERNING A CONTESTED CASE IN THE MATTER OF A FINAL AGENCY ACTION; AND TO AMEND SECTIONS 1-23-320, AS AMENDED, AND 1-23-330, RELATING, RESPECTIVELY, TO PREHEARING REQUIREMENTS AND EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO FURTHER PROVIDE THAT DATA, OPINIONS, COMMENTS, AND SUGGESTIONS OF FEDERAL EMPLOYEES AND AGENCIES ARE PROHIBITED FROM CONSIDERATION UNLESS THE EMPLOYEES AND FILES ARE AVAILABLE TO THE PARTIES TO THE ACTION.

Referred to Committee on Judiciary

H. 3272 -- Reps. Neilson, Jennings, Cato, Riser, Altman, Askins, Bales, Barfield, Barrett, Bingham, J. Brown, Chellis, Coates, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Gilham, Gourdine, Harrison, Harvin, Hayes, J. Hines, Hosey, Littlejohn, Lloyd, Lucas, McCraw, McGee, J. M. Neal, Owens, Phillips, Scarborough, Scott, F. N. Smith, J. R. Smith, Stuart, Taylor, Vaughn, Webb, Weeks, White and Witherspoon: 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 87 SO AS TO PROVIDE FOR THE ISSUANCE OF NASCAR SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.

Referred to Committee on Education and Public Works

H. 3273 -- Rep. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-367 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; AND TO AMEND SECTION 7-13-360 RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.

Referred to Committee on Judiciary

H. 3276 -- 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.

Referred to Committee on Judiciary

S. 115 -- Senator Elliott: A BILL TO AMEND SECTION 12-21-2734, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LICENSES TO OPERATE CERTAIN AMUSEMENTS, SO AS TO ESTABLISH AN OPTION TO PURCHASE AN EIGHT-MONTH LICENSE IN LIEU OF A TWENTY-FOUR MONTH OR A SIX-MONTH LICENSE.

Referred to Committee on Labor, Commerce and Industry

S. 118 -- Senators McGill and Elliott: A BILL TO AMEND ACT 191 OF 1971, AS AMENDED, RELATING TO THE WILLIAMSBURG COUNTY RECREATION DISTRICT, SO AS TO TRANSFER TO THE COUNTY GOVERNING BODY THE AUTHORITY TO APPOINT COMMISSION MEMBERS.

Referred to Williamsburg Delegation

HOUSE RESOLUTION

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

H. 3274 -- Reps. Huggins and Quinn: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE DUTCH FORK HIGH SCHOOL SILVER FOX CHEERLEADING SQUAD, COACHES, AND OTHER SCHOOL OFFICIALS ON JANUARY 18, 2001, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THEIR SECOND CONSECUTIVE CLASS AAAA 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 Dutch Fork High School Silver Fox Cheerleading Squad, coaches, and other school officials on January 18, 2001, at a time to be determined by the Speaker for the purpose of being

recognized for winning their second consecutive Class AAAA State Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3275 -- Reps. Huggins and Quinn: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DUTCH FORK HIGH SCHOOL SILVER FOX CHEERLEADING SQUAD ON THEIR SECOND CONSECUTIVE STATE CHAMPIONSHIP WIN.

The Resolution was adopted.

ROLL CALL

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

Allen / Allison / Altman
Askins / Bales / Barfield
Barrett / Battle / Bingham
Bowers / Breeland / Brown, G.
Brown, J. / Brown, R. / Carnell
Cato / Chellis / Clyburn
Coates / Cobb-Hunter / Coleman
Cooper / Dantzler / Davenport
Delleney / Easterday / Edge
Emory / Fleming / Freeman
Frye / Gilham / Gourdine
Hamilton / Harrell / Harrison
Harvin / Haskins / Hayes
Hines, J. / Hines, M. / Hinson
Hosey / Howard / Huggins
Jennings / Keegan / Kelley
Kennedy / Kirsh / Klauber
Knotts / Koon / Law
Leach / Lee / Limehouse
Littlejohn / Lloyd / Loftis
Lourie / Lucas / Martin
McCraw / McGee / McLeod
Meacham-Richardson / Merrill / Miller
Moody-Lawrence / Neal, J.H. / Neal, J.M.
Neilson / Ott / Owens
Parks / Perry / Phillips
Quinn / Rhoad / Rice
Riser / Rivers / Robinson
Rodgers / Rutherford / Sandifer
Scarborough / Scott / Sharpe
Sheheen / Simrill / Sinclair
Smith, D.C. / Smith, F.N. / Smith, G.M.
Smith, J.E. / Smith, J.R. / Smith, W.D.
Snow / Stille / Stuart
Talley / Taylor / Townsend
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 16.

Michael Thompson / Bill Cotty
George Campsen / David Mack

Total Present--121

DOCTOR OF THE DAY

Announcement was made that Dr. Murrell Smith of Sumter, father of Representative G.M. SMITH, is the Doctor of the Day for the General Assembly.