THURSDAY, MARCH 1, 2001

Indicates Matter Stricken

Indicates New Matter

The House assembled at 10:00 a.m.

Deliberations were opened with prayer by Rep. COATES as follows:

We thank You, Lord God, for this new day and its beauty, for work to do and 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 a hope that never changes to despair, the loyalty to the best that never diminishes. Arm our will with Your strength. Keep us steadfast in our discipleship. Grant to us at evening 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 yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HAYES moved that when the House adjourns, it adjourn in memory of Robert M. Tallon, Sr. of Dillon, father of former Congressman Robert M. Tallon, Jr., which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 3655 -- 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.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 3656 -- Reps. J.Young, G.Brown, J.H.Neal, G.M.Smith and Weeks: A HOUSE RESOLUTION TO EXPRESS PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF JOHN MCLEOD STOCKBRIDGE OF SUMTER AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

The Resolution was adopted.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3657 -- Reps. Cato, Robinson, Bingham, G.Brown, Campsen, Edge, Harrison, Jennings, Kelley, Kirsh, Lourie, Miller, Quinn, Rhoad, Rodgers, J.E.Smith, Tripp, Weeks and Whipper: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO DELETE GIFT CERTIFICATES FROM THE DEFINITION OF "INTANGIBLE PROPERTY"; TO AMEND SECTION 27-18-150, RELATING TO GIFT CERTIFICATES AND CREDIT MEMOS BEING PRESUMED ABANDONED WHEN NOT CLAIMED WITHIN FIVE YEARS, SO AS TO REMOVE GIFT CERTIFICATES FROM THIS PRESUMPTION OF BEING ABANDONED; AND TO ADD SECTION 27-18-175 SO AS TO PROVIDE THAT THE

UNIFORM UNCLAIMED PROPERTY ACT DOES NOT APPLY TO FORFEITED RESERVATION DEPOSITS.

Referred to Committee on Labor, Commerce and Industry

ROLL CALL

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

Allen / Allison / Altman
Bales / Barfield / Barrett
Battle / Bingham / Bowers
Breeland / Brown,G. / Brown,J.
Brown,R. / Campsen / Carnell
Cato / Chellis / Clyburn
Coates / Cobb-Hunter / Coleman
Cooper / Dantzler / Delleney
Easterday / Emory / Fleming
Freeman / Frye / Gourdine
Govan / Hamilton / Harrell
Harrison / Harvin / Haskins
Hayes / Hines,J. / Hines,M.
Hinson / Hosey / Howard
Huggins / Jennings / Kelley
Kennedy / Kirsh / Klauber
Knotts / Koon / Law
Leach / Lee / Limehouse
Lloyd / Loftis / Lourie
Lucas / Mack / Martin
McCraw / McGee / McLeod
Meacham-Richardson / Merrill / Miller
Moody-Lawrence / Neal,J.M. / Ott
Owens / Parks / Perry
Quinn / Rice / Riser
Rivers / Robinson / Rodgers
Sandifer / Scarborough / Scott
Sharpe / Simrill / Sinclair
Smith,D.C. / Smith,G.M. / Smith,J.E.
Smith,J.R. / Smith,W.D. / Snow
Stille / Stuart / Talley
Taylor / Townsend / Tripp
Trotter / Vaughn / Walker
Webb / Weeks / Whatley
Whipper / White / Wilder
Wilkins / Witherspoon / Young,J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 1.

Tracy Edge / Thomas Rhoad
Michael Thompson / Annette Young
Todd Rutherford / Ralph Davenport
Lanny Littlejohn / Thomas Keegan
Bill Cotty / Fletcher Smith

Total Present--119

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. GILHAM a leave of absence for the day as a result of an injury from a fall.

LEAVE OF ABSENCE

The SPEAKER granted Rep. EDGE a leave of absence for the day to meet with the Congressional Delegation in Washington, D.C.

DOCTOR OF THE DAY

Announcement was made that Dr. Hal Shaw of Greenville is the Doctor of the Day for the General Assembly.

SPEAKER PRO TEMPORE IN CHAIR

SPECIAL PRESENTATION

Rep. WILKINS and the Orangeburg Delegation presented to the House Dr. Randolph D. Smoak, Jr. of Orangeburg, the current President of the American Medical Association.

SPEAKER IN CHAIR

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:

"5.2Every 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 cosponsors may be added. A member may add his name to a bill or resolution or a cosponsor 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 cosponsor 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 cosponsor’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.3435
Date: / ADD:
03/01/01 / ROBINSON

CO-SPONSOR ADDED

Bill Number: / H.3309
Date: / ADD:
03/01/01 / MCLEOD

CO-SPONSOR ADDED

Bill Number: / H.3100
Date: / ADD:
03/01/01 / LOURIE

CO-SPONSOR ADDED

Bill Number: / H.3515
Date: / ADD:
03/01/01 / SINCLAIR

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 3379 -- Rep. J.Brown: A JOINT RESOLUTION TO ESTABLISH THE NEWBORN EYE SCREENING TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING SCREENING NEWBORN CHILDREN FOR CERTAIN OCULAR DISEASES AND ABNORMALITIES.

H. 3174 -- Reps. Wilkins, Coates, Davenport, Vaughn, Whatley, Simrill, Altman, Robinson, Owens, Gilham and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH "SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK" EACH YEAR TO RECOGNIZE AND BRING ATTENTION TO THE MANY FAMILIES IN SOUTH CAROLINA WHO EDUCATE THEIR CHILDREN AT HOME AS PROVIDED BY LAW, AND TO PROVIDE THAT ALL HOME SCHOOL STUDENTS IN THIS STATE AND THEIR PARENTS, GUARDIANS, AND TEACHERS SHALL BE ADMITTED WITHOUT CHARGE TO ALL PARKS, MUSEUMS, SCIENCE CENTERS, PLANETARIUMS, AND EDUCATIONAL FACILITIES OWNED BY OR UNDER THE CONTROL OF ANY STATE AGENCY, DEPARTMENT, OR INSTITUTION WHICH CHARGES A FEE FOR ADMISSION IN ORDER TO FURTHER THE EDUCATIONAL OPPORTUNITIES OF HOME SCHOOL STUDENTS.

H. 3616 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO OFFICIAL IDENTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3617 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2550, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3625 -- Reps. Easterday, Tripp, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F.N.Smith, Vaughn and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY STUDENTS OF HILLCREST HIGH SCHOOL OF THE GREENVILLE COUNTY SCHOOL DISTRICT ON NOVEMBER 20, 2000, AND NOVEMBER 21, 2000, BECAUSE OF POOR AIR QUALITY AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3634 -- Reps. Snow, Knotts, Allison, Altman, Askins, Bales, Barrett, Battle, Bingham, Bowers, Breeland, G.Brown, J.Brown, R.Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, 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, Klauber, Koon, Law, Leach, 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, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, White, Wilder, Wilkins, Witherspoon, A.Young and J.Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-689 SO AS TO PROVIDE THAT BEACH MUSIC IS DESIGNATED AS THE OFFICIAL STATE POPULAR MUSIC OF SOUTH CAROLINA.

H. 3146 -- Reps. Lourie, J.E.Smith, Freeman, Neilson, Robinson, Webb, Mack, Cotty, Talley, Littlejohn, Simrill, J.Hines, J.M.Neal, Emory, Bales, Miller, Campsen, Altman, Whatley, Lloyd, Bowers, M.Hines, Weeks, Rivers, Hosey, G.M.Smith, Owens, Harvin, McLeod, Sinclair, Thompson, Govan and Martin: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MAXIMUM SPEED LIMITS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE PENALTIES FOR A PERSON WHO VIOLATES THE SPEED LIMITS ESTABLISHED IN ZONES WHERE THE POSTED MAXIMUM SPEED LIMIT IS AT LEAST FIFTY-FIVE MILES AN HOUR WHILE DRIVING A COMMERCIAL MOTOR VEHICLE WHICH REQUIRES THE DRIVER TO POSSESS A COMMERCIAL DRIVER'S LICENSE.

H. 3100--AMENDED AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3100 -- Reps. Simrill and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-740 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO REPAIRS A MOTOR VEHICLE WHOSE INFLATABLE RESTRAINT SYSTEM HAS BEEN DAMAGED OR DEPLOYED TO FAIL TO REPAIR OR REPLACE THE SYSTEM SO THAT IT IS FULLY OPERATIONAL, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. SCOTT requested debate on the Bill.

The Judiciary Committee proposed the following Amendment No.1 (Doc Name COUNCIL\GGS\AMEND\22853CM01), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION1.The 1976 Code is amended by adding:

“Section 1617750.A person who knowingly and wilfully replaces a motor vehicle’s inflatable restraint system with an object which is not designed in accordance with federal safety regulations is guilty of a:

(1)misdemeanor and must be imprisoned not more than three years, or fined not more than five thousand dollars, or both; or

(2)felony if a person’s serious bodily injury is attributable to the object, and must be imprisoned for ten years, or fined not more than ten thousand dollars, or both.”

SECTION2.This act takes effect upon approval by the Governor. /

Amend further by striking the title and inserting:

/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1617750 SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILFULLY REPLACES A MOT0R VEHICLE’S INFLATABLE RESTRAINT SYSTEM WITH AN OBJECT WHICH IS NOT DESIGNED IN ACCORDANCE WITH FEDERAL SAFETY REGULATIONS IS GUILTY OF A CRIME, AND TO PROVIDE CERTAIN PENALTIES. /

Rep. SIMRILL explained the amendment.

The amendment was then adopted.

Rep. SIMRILL proposed the following Amendment No.2 (Doc Name COUNCIL\GGS\AMEND\22877CM01):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION1.The 1976 Code is amended by adding:

“Section 1617750.A person who knowingly and wilfully replaces a motor vehicle’s restraint system with an object which is not designed in accordance with federal safety regulations, or a person who knowingly and wilfully misrepresents that, during the repair of a motor vehicle, an air bag, designed in accordance with federal safety regulations as a part of a vehicle inflatable restraint system, was installed or reinstalled is guilty of a:

(1)misdemeanor and must be imprisoned not more than three years, or fined not more than five thousand dollars, or both; or

(2)felony if a person’s serious bodily injury is attributable to the object or misrepresentation, and must be imprisoned for ten years, or fined not more than ten thousand dollars, or both.”

SECTION2.This act takes effect upon approval by the Governor. /

Amend title to conform.

Rep. SIMRILL explained the amendment.

Rep. RUTHERFORD requested debate on the Bill.

Rep. LOFTIS spoke against the amendment.

Reps. LOFTIS, J.BROWN and OTT requested debate on the Bill.

ORDERED TO THIRD READING

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

H. 3492 -- Reps. White, Barrett, Chellis, Cooper, Emory, Hayes, Keegan, Klauber, Law, Martin, McGee, J.M.Neal, Ott, Rice, Taylor, Thompson, Townsend, Trotter and A.Young: A BILL TO AMEND SECTION 56-1-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS LICENSES TO PERSONS CONVICTED OF A FIRST OFFENSE OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING ALCOHOL, DRUGS, OR NARCOTICS, SO AS TO INCREASE THE FEE AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST USE THE ADDITIONAL REVENUES FOR HIRING AND TRAINING ADDITIONAL MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

Rep. HARRISON explained the Bill.

H. 3451 -- Reps. Robinson, Harvin, McCraw, Quinn, Cooper, Keegan, Carnell, Kirsh, Clyburn, Jennings, Koon, Cobb-Hunter, Rice, Riser, A.Young, Allison, Littlejohn, Kennedy, Limehouse, J.R.Smith, Tripp and Leach: A BILL TO AMEND TITLE 56, CHAPTER 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENTAL OF PRIVATE PASSENGER AUTOMOBILES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO RENTAL VEHICLES, AND TO DEFINE RENTAL VEHICLES FOR THIS PURPOSE.

Rep. CHELLIS explained the Bill.

H. 3263 -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".

Rep. CATO explained the Bill.

H. 3492--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H.3492 be read the third time tomorrow.

H. 3451--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CHELLIS, with unanimous consent, it was ordered that H.3451 be read the third time tomorrow.

H. 3263--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H.3263 be read the third time tomorrow.

H. 3309--POINT OF ORDER

The following Bill was taken up:

H. 3309 -- Reps. Cobb-Hunter and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.

POINT OF ORDER

Rep. WHATLEY 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. 3425--POINT OF ORDER

The following Bill was taken up:

H. 3425 -- Reps. Knotts, Rhoad, Whatley and J.Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-202 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986, TO ADOPT THIS FEDERAL LAW AS THE LAW OF THIS STATE, AND TO PROVIDE FOR AN EXCEPTION.

POINT OF ORDER

Rep. KENNEDY 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. 3439--POINT OF ORDER

The following Bill was taken up:

H. 3439 -- Reps. Wilkins, Cato and White: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY, SO AS TO PROVIDE THAT A PERSON MAY NOT BE APPOINTED OR CONTINUE TO SERVE ON THE BOARD, WHO IS OR BECOMES A MEMBER, ASSOCIATE, REPRESENTATIVE, OR EMPLOYEE OF A LABOR UNION IF THE PRINCIPAL ACTIVITIES OF THE UNION ARE PORTS-RELATED.

Rep. LAW explained the Bill.

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.