TUESDAY, MARCH 13, 2001

Indicates Matter Stricken

Indicates New Matter

The House assembled at 10:00 a.m.

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

Almighty God, the Giver of all blessings, help us today and all our days to live in faithfulness to Your law and under the guidance of Your Word. Help us to make no promises we cannot keep, to be patient under provocation, composed under criticism, to be respectful to others, gentle to the weak, helpful to the fallen, compassionate to the sad, courteous to all. Help us to store Your truths in our minds and thus be strong under stress and calm in crisis. And to you, Lord God, we render our praise and thanksgiving, both now and always. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. RIVERS moved that when the House adjourns, it adjourn in memory of Miriam Malphrus of Jasper County, which was agreed to.

CONCURRENT RESOLUTION

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

H. 3699 -- Reps. Jennings and Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH A NATIONALLY-SPONSORED NASCAR RACING EVENT HELD IN THIS STATE IN 2001.

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

That by this resolution, the members of the General Assembly request the Department of Public Safety to waive the motor vehicle titling, licensing, and registration requirements of Title 56 of the Code of Laws of South Carolina, 1976, on cars provided by an automobile manufacturer for promotional purposes in connection with a nationallysponsored NASCAR Race held in this State in 2001.

Be it further resolved that this waiver must extend to no more than thirtyfive cars by a single manufacturer for a period not to exceed twentyone days and that this waiver does not extend to the financial responsibility or insurance coverage requirements for operating a motor vehicle on the public roads of this State.

Be it further resolved that the Department of Public Safety shall prescribe an appropriate means of identification in lieu of the licensing and registration requirements otherwise applicable.

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

HOUSE RESOLUTION

The following was introduced:

H. 3700 -- Rep. Coates: A HOUSE RESOLUTION TO CONGRATULATE AND COMMEND THE STUDENT TEAM FROM THE INTERNATIONAL BACCALAUREATE PROGRAM OF WILSON HIGH SCHOOL IN FLORENCE FOR WINNING TOP HONORS IN THE SOUTH CAROLINA BAR'S ANNUAL "WE THE PEOPLE...THE CITIZEN AND THE CONSTITUTION" STATE COMPETITION AND TO WISH THEM A SUCCESSFUL TRIP TO WASHINGTON, D. C. IN APRIL WHEN THEY REPRESENT SOUTH CAROLINA IN THE NATIONAL COMPETITION.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 423 -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING SPEECH THERAPISTS AND SPEECH-LANGUAGE PATHOLOGISTS WHO WORK DAILY WITH SOUTH CAROLINA'S CITIZENS AND STUDENTS, TO RECOGNIZE THE SOUTH CAROLINA SPEECH HEARING AND LANGUAGE ASSOCIATION WHICH SERVES AS AN ADVOCATE FOR PERSONS WITH COMMUNICATION AND HEARING DISORDERS AND THOSE PROFESSIONALS WHO PROVIDE THEM SERVICES, AND TO DECLARE WEDNESDAY, MARCH 14, 2001, AS SPEECH AND HEARING DAY IN SOUTH CAROLINA IN THEIR HONOR.

Whereas, South Carolina is blessed with many exceptional persons who are speech therapists or speechlanguage pathologists; and

Whereas, speech therapists and speechlanguage pathologists are professionals who are trained to teach students to improve their communication skills which are vitally important to academic success, particularly in light of the fact that the South Carolina Reading/English/Language Arts Curriculum standards include listening and speaking standards at every grade level; and

Whereas, school-based speechlanguage pathologists are specially trained to work with students to overcome listening and speaking difficulties and to help those students meet the language arts standards; and

Whereas, the South Carolina Speech Hearing and Language Association serves as an advocate for persons with communication and hearing disorders and those professionals who provide them services. This association also serves as a resource for its members and the community by providing information on current trends, therapeutic interventions, and technologies in the fields of speechlanguage pathology and audiology; and

Whereas, in order to recognize these speech therapists, speechlanguage pathologists, and the association for all they do for South Carolina’s citizens and children, the General Assembly believes that it would be a fitting tribute to designate a particular day in their honor so that their contributions can be acknowledged on a statewide basis. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, hereby recognize the many outstanding speech therapists and speechlanguage pathologists who work daily with South Carolina’s citizens and students, recognize the South Carolina Speech Hearing and Language Association which serves as an advocate for persons with communication and hearing disorders and those professionals who provide them services, and declare Wednesday, March 14, 2001, as Speech and Hearing Day in South Carolina in their honor.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Speech Hearing and Language Association.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 436 -- Senator Giese: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR AUSTIN NEWMAN OF COLUMBIA, A SIXTH GRADE STUDENT AT CRAYTON MIDDLE SCHOOL, UPON BEING NAMED TOP MIDDLE SCHOOL STUDENT VOLUNTEER FOR SOUTH CAROLINA IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM AND RECOGNIZE HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.

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

INTRODUCTION OF BILL

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

H. 3701 -- Rep. Townsend: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDITS UNDER THE STATE RETIREMENT SYSTEM, SO AS TO REVISE THE MANNER IN WHICH THE REQUIRED PAYMENT IS DETERMINED.

Referred to Committee on Ways and Means

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,J. / Brown,R.
Campsen / Carnell / Cato
Chellis / Clyburn / Coates
Coleman / Cooper / Cotty
Dantzler / Delleney / Easterday
Edge / Emory / Fleming
Freeman / Frye / Gilham
Gourdine / Govan / Harrell
Harrison / Hayes / Hines,J.
Hines,M. / Hinson / Hosey
Jennings / Keegan / Kelley
Kennedy / Kirsh / Knotts
Law / Leach / Lee
Limehouse / Littlejohn / Lloyd
Lourie / Lucas / Mack
Martin / McCraw / McGee
McLeod / Meacham-Richardson / Merrill
Miller / Moody-Lawrence / Neal,J.M.
Owens / Parks / Perry
Phillips / Quinn / Rhoad
Rice / Riser / Rivers
Robinson / Rodgers / Sandifer
Scarborough / Sharpe / Sheheen
Simrill / Sinclair / Smith,D.C.
Smith,F.N. / Smith,G.M. / Smith,J.E.
Smith,J.R. / Snow / Stille
Stuart / Talley / Taylor
Thompson / Townsend / Trotter
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, March 13.

Doug Smith / Robert Walker
John Scott / Harry Ott
Lewis Vaughn / Grady Brown
Dwight Loftis / Glenn Hamilton
Chip Huggins / Larry Koon
Gilda Cobb-Hunter / Jackson Whipper
Gloria Haskins / Daniel Tripp
Todd Rutherford / Leon Howard
Ralph Davenport
Joseph Neal
Alexander Harvin / James Klauber
Harry Askins

Total Present--123

DOCTOR OF THE DAY

Announcement was made that Dr. Gerald Harmon of Pawleys Island is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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.3010
Date: / ADD:
03/13/01 / RODGERS

CO-SPONSOR REMOVED

Bill Number: / H.3643
Date: / REMOVE:
03/13/01 / CHELLIS

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. HARRELL moved that when the House adjourns it adjourn to meet at 9:30 a.m. tomorrow, which was agreed to.

H. 3687--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of amendments, Section 9.

H. 3687--THE GENERAL APPROPRIATION BILL

SECTION 9--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate on the Section, which was agreed to.

SECTION 10--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the Section, which was agreed to.

SECTION 11

Section 11 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 13--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the Section, which was agreed to.

SECTION 14

Section 14 was adopted.

SECTION 18--AMENDED AND ADOPTED

Rep. HOSEY proposed the following Amendment No.58 (Doc Name h-wm\008\hoseyart.doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 18, ARTS COMMISSION, page 167, immediately after line 28, by inserting a new line to read:

Column 5Column 6

Barnwell County

Arts Commission

Operating Funds50,00050,000

Renumber sections to conform.

Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. KEEGAN moved to table the amendment, which was agreed to.

Reps. HARRELL, ROBINSON, KELLEY, WILKINS, RODGERS, QUINN, COATES, W.D. SMITH and COBBHUNTER proposed the following Amendment No.7 (Doc Name hwm\006\18basered2.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 18, ARTS COMMISSION, page 168, line 23, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5Column 6

700,000700,000

Renumber sections to conform.

Amend totals and titles to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

Section 18, as amended, was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23A--AMENDED AND ADOPTED

Reps. HARRELL, ROBINSON, WILKINS, CLYBURN, COBB-HUNTER, GOVAN, BREELAND and J. HINES proposed the following Amendment No.9 (Doc Name h-wm\006\5scstate1.3.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 23A, SC STATE UNIVERSITY-PSA, page 186, line 10, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5Column 6

1,300,0001,300,000

Renumber sections to conform.

Amend totals and titles to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

Section 23A, as amended, was adopted.

SECTION 24--ADOPTED

Rep. MCLEOD proposed the following Amendment No.154 (Doc Name h-wm\004\24 mccloud nps.doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 24, DEPT. OF NATURAL RESOURCES, page 195, line 23, opposite /aid to conservation districts/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5Column 6

621,000621,000

Renumber sections to conform.

Amend totals and titles to conform.

Rep. MCLEOD explained the amendment.

Rep. KOON moved to table the amendment, which was agreed to.

Section 24 was adopted.

SECTION 27--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the Section, which was agreed to.

SECTION 30--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No.84 (Doc Name h-wm\005\jud1fte.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 218, line 34, by decreasing Columns 5 and 6 by:

Column 5Column 6

Personal Service

Unclassified Positions

(1.00)(1.00)

Renumber sections to conform.

Amend totals and titles to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. SCOTT and HARVIN proposed the following Amendment No.88 (Doc Name h-wm\005\jud 1.5m drug court.doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 218, line 37, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5Column 6

1,500,0001,500,000

Renumber sections to conform.

Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. ROBINSON spoke against the amendment.

Rep. SCOTT spoke in favor of the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 66; Nays 44

Those who voted in the affirmative are:

Allison / Altman / Barfield
Barrett / Bingham / Campsen
Cato / Chellis / Coates
Cooper / Cotty / Dantzler
Delleney / Easterday / Edge
Frye / Gilham / Hamilton
Harrell / Harrison / Hinson
Huggins / Keegan / Kelley
Kirsh / Koon / Law
Leach / Limehouse / Littlejohn
Loftis / Lucas / Martin
McCraw / McGee / Meacham-Richardson
Merrill / Owens / Perry
Phillips / Quinn / Rice
Riser / Robinson / Rodgers
Sandifer / Scarborough / Simrill
Sinclair / Smith,D.C. / Smith,J.R.
Smith,W.D. / Stuart / Talley
Taylor / Thompson / Townsend
Trotter / Vaughn / Walker
Webb / Whatley / White
Wilkins / Witherspoon / Young,A.

Total--66

Those who voted in the negative are:

Allen / Bales / Battle
Bowers / Breeland / Brown,G.
Brown,J. / Brown,R. / Clyburn
Coleman / Emory / Fleming
Freeman / Gourdine / Govan
Harvin / Hayes / Hines,J.
Hines,M. / Hosey / Jennings
Kennedy / Lee / Lloyd
Lourie / Mack / McLeod
Miller / Moody-Lawrence / Neal,J.M.
Ott / Parks / Rhoad
Rivers / Rutherford / Scott
Sheheen / Smith,F.N. / Smith,G.M.
Smith,J.E. / Snow / Weeks
Whipper / Young,J.

Total--44

So, the amendment was tabled.

Rep. HOSEY proposed the following Amendment No.65 (Doc Name h-wm\005\allendalect500.doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 219, immediately after line 27, by inserting a new line to read:

Column 5Column 6

Allendale County Courthouse500,000500,000

Renumber sections to conform.

Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 66; Nays 39

Those who voted in the affirmative are:

Allison / Altman / Barfield
Barrett / Bingham / Campsen
Carnell / Cato / Chellis
Coates / Cooper / Cotty
Dantzler / Delleney / Edge
Fleming / Hamilton / Harrell
Harrison / Haskins / Hinson
Huggins / Keegan / Kelley
Kirsh / Knotts / Koon
Law / Leach / Limehouse
Littlejohn / Loftis / Lucas
Martin / McCraw / McGee
Meacham-Richardson / Merrill / Neal,J.M.
Perry / Phillips / Quinn
Rice / Riser / Robinson
Rodgers / Sandifer / Scarborough
Sharpe / Sheheen / Simrill
Smith,D.C. / Smith,J.R. / Stuart
Talley / Taylor / Thompson
Tripp / Trotter / Vaughn
Walker / Webb / Whatley
White / Wilkins / Young,A.

Total--66

Those who voted in the negative are:

Allen / Bales / Battle
Bowers / Breeland / Brown,G.
Brown,J. / Brown,R. / Clyburn
Cobb-Hunter / Coleman / Emory
Freeman / Gourdine / Govan
Harvin / Hayes / Hines,J.
Hines,M. / Hosey / Jennings
Kennedy / Lee / Lloyd
Lourie / Mack / McLeod
Moody-Lawrence / Ott / Parks
Rivers / Rutherford / Scott
Smith,G.M. / Smith,J.E. / Snow
Weeks / Whipper / Young,J.

Total--39

So, the amendment was tabled.

Section 30, as amended, was adopted.

SECTION 31

Section 31 was adopted.

SECTION 33--AMENDED AND ADOPTED

Reps. HARRELL, ROBINSON, WILKINS and COBB-HUNTER proposed the following Amendment No.8 (Doc Name h-wm\006\33base4n.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 33, PROSECUTION COORDINATION COMMISSION, page 223, line 32, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5Column 6

500,000500,000

Renumber sections to conform.

Amend totals and titles to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

Section 33, as amended, was adopted.

SECTION 34

Section 34 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36--ADOPTED

Rep. SCOTT proposed the following Amendment No.160 (Doc Name h-wm\009\dps-stp.doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 229, line 27, opposite /classified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5Column 6

1,600,0001,600,000

(25.00)(25.00)

Amend the bill further, as and if amended, page 231, line 26, opposite /classified positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5Column 6

1,600,0001,600,000

(25.00)(25.00)

Renumber sections to conform.

Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. SCOTT moved to table the amendment, which was agreed to.

Rep. SCOTT proposed the following Amendment No.164 (Doc Name h-wm\009\dps-stp.doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 229, line 27, opposite /classified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5Column 6

1,600,0001,600,000

(25.00)(25.00)

Amend the bill further, as and if amended, page 231, line 26, opposite /classified positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5Column 6

1,600,0001,600,000