WEDNESDAY, JANUARY 9, 2002
Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rep. LEACH as follows:
Almighty God and Heavenly Father, we praise You for Your goodness to us. We come to You today to ask Your forgiveness and to seek Your direction. Search us, O God, and know our hearts today. Cleanse us from ever sinning and set us free. Guide and bless each of us as we seek to serve our fellowman and our State. Direct us to Your will, as Your word says, “like as a father pitieth his children, so the Lord pitieth them that fear him. For he knoweth our frame; he remembereth that we are dust.” Thank You for Your love. We ask these things in the name of Your Son and our Savior. 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. CARNELL moved that when the House adjourns, it adjourn in memory of former Assistant Clerk of the House Mrs. Peggy Macmillan, which was agreed to.
REGULATIONS RECEIVED
The following were received and referred to the appropriate committees for consideration:
Document No. 2660
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-71-10
Standards for Licensing Hospices
Received by Speaker of the House of Representatives
January 9, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 8, 2002
Document No. 2657
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-210, 50-3-100, 50-11-10, 50-11-65, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-430, 50-11-500, 50-11-520, 50-11-530, 50-11-854, and 50-11-2200
Seasons, Limits, Methods of Take and Special Use Restrictions on WMA's
Received by Speaker of the House of Representatives
January 9, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 8, 2002
Document No. 2685
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-11-2200, and 50-11-2210
Real Property Owned by the Department
Received by Speaker of the House of Representatives
January 9, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 8, 2002
Document No. 2671
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-50 and 48-1-110
Standards for Wastewater Facility Construction
Received by Speaker of the House of Representatives
January 9, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 8, 2002
Document No. 2661
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-55-10
State Primary Drinking Water
Received by Speaker of the House of Representatives
January 9, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 8, 2002
REGULATION WITHDRAWN
Document No. 2564
Agency: Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-18-710
Accreditation Criteria
Received by Speaker of the House of Representatives
January 23, 2001
Referred to Education and Public Works Committee
Withdrawn January 22, 2001
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 849 -- Senator Rankin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LIEUTENANT RANDY G. GERALD OF LORIS, AN HORRY COUNTY DEPUTY SHERIFF AND SUPERVISOR AT THE J. REUBEN LONG DETENTION CENTER, UPON HIS TRAGIC DEATH ON SATURDAY, DECEMBER 29, 2001, AS A RESULT OF STOPPING TO ASSIST TWO CARS ON HIS WAY HOME AFTER WORK.
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. 850 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF DOCTOR THOMAS MARION DAVIS OF MANNING ON MONDAY, DECEMBER 10, 2001, AND
TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
CONCURRENT RESOLUTION
On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:
H. 4468 -- Reps. Cobb-Hunter, Govan, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION TO COMMEND THE BRAVE MEN AND WOMEN NOW SERVING AND WHO FORMERLY SERVED AS MEMBERS OF ORANGEBURG UNITS OF THE SOUTH CAROLINA NATIONAL GUARD FOR THEIR COMMITMENT, SACRIFICE, AND OUTSTANDING SERVICE TO THEIR COMMUNITY, THE STATE, AND THE NATION AND TO DECLARE SATURDAY, JANUARY 26, 2002, AS "ORANGEBURG NATIONAL GUARD UNIT APPRECIATION DAY".
Whereas, the South Carolina National Guard has been an integral part of the City of Orangeburg and Orangeburg County since their founding; and
Whereas, from the early days of the militia to the present, the City and County of Orangeburg have had a National Guard unit of its own; and
Whereas, numerous civic, business, and governmental leaders have served and continue to serve in the outstanding National Guard units of Orangeburg and the surrounding area; and
Whereas, on January 26, 2002, the South Carolina National Guard is scheduled to host a reunion for the outstanding men and women who have served the Orangeburg community, their State, and the nation so faithfully as members of National Guard units which have called Orangeburg home over the years; and
Whereas, the anticipated program for the reunion of National Guard units of Orangeburg envisions opening the armory to visitation to allow current and former members of the Orangeburg units and their guests to view numerous static displays, to reminisce, renew friendships, and develop new friendships; and
Whereas, the formal program for the reunion will feature Major General Stanhope S. Spears, the Adjutant General of South Carolina, as guest speaker, and brief comments by local dignitaries and community leaders followed by a barbeque dinner served in honor of former and present members of Orangeburg National Guard units. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, commend the brave men and women now serving and who formerly served as members of Orangeburg units of the South Carolina National Guard for their commitment, sacrifice, and outstanding service to their community, the State, and the nation and declare Saturday, January 26, 2002, as “Orangeburg National Guard Unit Appreciation Day”.
Be it further resolved that a copy of this resolution be presented to the commanding officer of the South Carolina National Guard Armory in Orangeburg.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
INTRODUCTION OF BILLS
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4469 -- Reps. Klauber and Taylor: A JOINT RESOLUTION TO PROVIDE THAT LOCAL SCHOOL BOARDS FOR SCHOOL YEAR 2001-2002 MAY EXCUSE UP TO THREE SCHOOL DAYS MISSED BECAUSE OF SNOW, ICE, OR INCLEMENT WEATHER, TO PROVIDE THAT ALL OTHER SCHOOL DAYS MISSED BECAUSE OF INCLEMENT WEATHER MUST BE MADE UP, AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH SUCH DAYS SHALL BE MADE UP.
Rep. TAYLOR asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. WILDER objected.
Referred to Committee on Education and Public Works
H. 4470 -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1095 SO AS TO ESTABLISH THE CRIME OF INTERFERENCE WITH THE OPERATOR OF A PUBLIC TRANSIT VEHICLE AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THIS CRIME; AND BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT CERTAIN MOTOR PROPELLED VEHICLES MUST DISPLAY A NOTICE THAT STATES THAT ANY PERSON WHO ASSAULTS OR HARMS CERTAIN INDIVIDUALS TRAVELING ON THE MOTOR VEHICLE IS GUILTY OF A CRIME.
Referred to Committee on Judiciary
H. 4471 -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. CLYBURN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Allen / Allison / AltmanBales / Barfield / Barrett
Battle / Bingham / Bowers
Breeland / Brown,G. / Brown,J.
Brown,R. / Carnell / Cato
Chellis / Clyburn / Coates
Cobb-Hunter / Coleman / Cotty
Dantzler / Davenport / Delleney
Easterday / Edge / Emory
Fleming / Freeman / Frye
Gilham / Gourdine / Hamilton
Harrell / Harrison / Haskins
Hayes / Hines,J. / Hines,M.
Hinson / Hosey / Howard
Huggins / Jennings / Keegan
Kelley / Kennedy / Kirsh
Klauber / Knotts / Koon
Law / Leach / Lee
Limehouse / Lloyd / Lourie
Lucas / Mack / McCraw
McGee / McLeod / Meacham-Richardson
Merrill / Miller / Moody-Lawrence
Neal,J.H. / Neal,J.M. / Neilson
Ott / Owens / Perry
Phillips / Rice / Riser
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 / Stuart
Talley / Taylor / 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 9.
Thomas Rhoad / Daniel CooperMichael Thompson / Becky Martin
Jackson Whipper / Harry Stille
Ronald Townsend / Jerry Govan
Lanny Littlejohn / Alex Harvin
Total Present--118
LEAVE OF ABSENCE
The SPEAKER granted Rep. CAMPSEN a leave of absence for today and tomorrow.
STATEMENT OF ATTENDANCE
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 8.
DOCTOR OF THE DAY
Announcement was made that Dr. Duren Johnson of Lancaster 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.4416Date: / ADD:
01/09/02 / TRIPP
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / COTTY
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / RODGERS
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / LOFTIS
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / FRYE
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / KOON
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / DELLENEY
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / HASKINS
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / HAMILTON
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / CATO
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / EASTERDAY
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / BARFIELD
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / SCARBOROUGH
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / CHELLIS
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / THOMPSON
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / EDGE
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / MERRILL
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / FLEMING
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / STUART
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / COOPER
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / DANTZLER
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / D.C.SMITH
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / SINCLAIR
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / J.YOUNG
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / OWENS
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / WHITE
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / MARTIN
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / HARVIN
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / HARRELL
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / QUINN
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / TROTTER
CO-SPONSOR ADDED
Bill Number: / H.4408Date: / ADD:
01/09/02 / BARRETT
CO-SPONSOR ADDED
Bill Number: / H.4399Date: / ADD:
01/09/02 / BARRETT
CO-SPONSOR ADDED
Bill Number: / H.4395Date: / ADD:
01/09/02 / BARRETT
CO-SPONSOR ADDED
Bill Number: / H.4393Date: / ADD:
01/09/02 / BARRETT
CO-SPONSOR ADDED
Bill Number: / H.4420Date: / ADD:
01/09/02 / CATO
CO-SPONSOR ADDED
Bill Number: / H.4382Date: / ADD:
01/09/02 / CATO
CO-SPONSOR ADDED
Bill Number: / H.4407Date: / ADD:
01/09/02 / CATO
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / HUGGINS
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / MILLER
CO-SPONSOR ADDED
Bill Number: / H.4416Date: / ADD:
01/09/02 / BATTLE
CO-SPONSOR ADDED
Bill Number: / H.4431Date: / ADD:
01/09/02 / GILHAM
CO-SPONSOR ADDED
Bill Number: / H.4413Date: / ADD:
01/09/02 / GILHAM
CO-SPONSOR ADDED
Bill Number: / H.4418Date: / ADD:
01/09/02 / GILHAM
CO-SPONSOR ADDED
Bill Number: / H.4419Date: / ADD:
01/09/02 / GILHAM
CO-SPONSOR ADDED
Bill Number: / H.4393Date: / ADD:
01/09/02 / GILHAM
CO-SPONSOR ADDED
Bill Number: / H.4402Date: / ADD:
01/09/02 / LEACH
CO-SPONSOR REMOVED
Bill Number: / H.3115Date: / REMOVE:
01/09/02 / A.YOUNG
SENT TO THE SENATE
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4351 -- Rep. Fleming: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE UNION COUNTY SCHOOL DISTRICT ARE ELECTED.
H. 4304 -- Reps. Talley, Allison and Lourie: A JOINT RESOLUTION TO DESIGNATE THE WEEK OF FEBRUARY 11-15, 2002, AS "SOUTH CAROLINA CAREER AND TECHNOLOGY EDUCATION WEEK".
ORDERED TO THIRD READING
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 4467 -- Reps. J.R.Smith, Clyburn, Perry and D.C.Smith: A JOINT RESOLUTION TO PROVIDE THAT UP TO FOUR DAYS MISSED DURING THE 2001-2002 SCHOOL YEAR BY THE STUDENTS OF ANY SCHOOL IN THE SCHOOL DISTRICTS OF AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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. 773 -- Senator Leventis: A BILL TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
S.511--DEBATE ADJOURNED
Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, January 15, which was adopted:
S. 511 -- Senator Thomas: A BILL TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO REQUIRE A SUBSTANTIVE QUALITY REVIEW IN EACH COUNTY EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, AND TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED.
H. 4464--RECALLED FROM FLORENCE DELEGATION
On motion of Rep. COATES, with unanimous consent, the following Bill was ordered recalled from the Florence Delegation:
H. 4464 -- Reps. McGee, Coates, M.Hines, J.Hines and Askins: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY TO ADJUST THE SCHOOL DISTRICT'S TAX MILLAGE FOR THE 2002-2003 SCHOOL YEAR TO OFFSET THE MIDYEAR BUDGET CUTS MANDATED BY THE BUDGET AND CONTROL BOARD OF THE STATE OF SOUTH CAROLINA FOR THE SCHOOL DISTRICT DURING THE 2001-2002 SCHOOL YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR SHALL LEVY THE MILLAGE UPON ALL PROPERTY WITHIN THE SCHOOL DISTRICT, AND THE COUNTY TREASURER SHALL COLLECT THE TAXES LEVIED AND DISBURSE THE FUNDS.
H. 4392--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary:
H. 4392 -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM.
H. 4404--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary:
H. 4404 -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 59-53-52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF AREA TECHNICAL EDUCATION COMMISSIONS, SO AS TO REVISE THE MANNER OF EMPLOYMENT AND THE EMPLOYMENT RELATION OF AREA TECHNICAL COLLEGE PRESIDENTS.
S.718--DEBATE ADJOURNED
The Senate amendments to the following Bill were taken up for consideration:
S. 718 -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.