South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 658 . . . . . Wednesday, January 26, 2000

Wednesday, January 26, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Eternal God, amid all the voices of the world, save us from the supreme tragedy of missing Your call. We confess that in the conceit of our self-sufficiency, too often we have turned in our burning thirst to broken cisterns of worldly wisdom and our own sophisticated cleverness. Without You, Lord, we are children crying in the wilderness. Keep our hands to the plow that furrows the field of good will and brotherhood.

Lord, in Your mercy, hear our prayer. 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. J. H. NEAL moved that when the House adjourns, it adjourn in memory of Helen Mann, which was agreed to.

RESIGNATION

The following was received:

January 21, 2000
The Honorable David H. Wilkins
Speaker, SC House of Representatives
508 Blatt Building
Columbia, SC 29211

Dear Mr. Speaker:

It is with great sorrow that I hereby submit my resignation as the Representative for House District 83. My resignation shall be effective Tuesday, February 1, 2000.


Printed Page 659 . . . . . Wednesday, January 26, 2000

I have enjoyed my service in the House of Representatives and will always cherish the memories of the experiences here. I will be especially fond of the memories of the people and the things that we accomplished on behalf of the people of our great State.

I thank you for all that you have done for me. If I may ever be of any service to you, please do not hesitate to contact me.

Sincerely,
T. Scott Beck
House District 83

Received as information.

INVITATION

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

January 18, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Fleming:

The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the House, Research Directors, Administrative Assistants, Secretaries, Spouses and/or escorts, to attend our annual Legislative Banquet on Tuesday, February 29, 2000, at 6:00 p.m. at the Moore Building, State Fairgrounds, in Columbia.

Traditionally, we begin on time and present a very short program...that is our plan this year. We will not hold you to a late hour.

Sincerely,
Benjie Rhoad
Assistant to the President


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REPORTS OF STANDING COMMITTEES

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

H. 4463 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Miller and Witherspoon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE CONWAY BYPASS THE "VETERANS HIGHWAY" AND TO NAME SEPARATE INTERCHANGES ON THAT BYPASS TO HONOR RECIPIENTS OF THE MEDAL OF HONOR FROM EACH BRANCH OF THE ARMED FORCES OF THE UNITED STATES.
Ordered for consideration tomorrow.

Rep. NEILSON, from the Darlington Delegation, submitted a favorable report on:

H. 4324 (Word version) -- Reps. Neilson, J. Hines and Lucas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF THE DARLINGTON COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE 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 for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4473 (Word version) -- Rep. Hinson: A HOUSE RESOLUTION TO EXTEND BEST WISHES AND CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO COACH RAY STACKLEY, ATHLETIC DIRECTOR AND HEAD VARSITY FOOTBALL COACH OF STRATFORD HIGH SCHOOL OF BERKELEY COUNTY, ON THE OCCASION OF BEING HONORED FOR HIS OUTSTANDING COACHING ABILITIES IN LEADING THE STRATFORD HIGH SCHOOL "KNIGHTS" FOOTBALL TEAM TO THE 1999 CLASS AAAA, DIVISION I STATE FOOTBALL CHAMPIONSHIP.

The Resolution was adopted.


Printed Page 661 . . . . . Wednesday, January 26, 2000

HOUSE RESOLUTION

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

H. 4474 (Word version) -- Reps. Hinson, H. Brown, Law, Dantzler and Gourdine: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE STRATFORD HIGH SCHOOL "KNIGHTS" FOOTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, JANUARY 27, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1999 CLASS AAAA, DIVISION I STATE FOOTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Stratford High School "Knights" Football Team, coaches, and other school officials on Thursday, January 27, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1999 Class AAAA, Division I State Football Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4475 (Word version) -- Reps. Hinson, H. Brown, Law, Dantzler and Gourdine: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE STRATFORD HIGH SCHOOL "KNIGHTS" FOOTBALL TEAM OF GOOSE CREEK, SOUTH CAROLINA, AND THEIR COACHES FOR AN EXCEPTIONAL UNDEFEATED SEASON AND ON CAPTURING THE 1999 CLASS AAAA, DIVISION I STATE FOOTBALL CHAMPIONSHIP.

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


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CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1050 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE THE THIRD SATURDAY IN FEBRUARY AS PURPLE HEART DAY IN SOUTH CAROLINA, TO PAY TRIBUTE TO THE ORDER OF THE PURPLE HEART FOR MILITARY MERIT AND THE EXCEPTIONAL MEN AND WOMEN WHO HAVE RECEIVED THIS DECORATION.

Whereas, the Order of the Purple Heart for Military Merit, commonly called "The Purple Heart," is the oldest military decoration in the world in present use and the first award made available to a common soldier; and

Whereas, General Washington conceived of and authorized this eloquent and forceful symbol of citizen responsibility in his General Orders of August 7, 1782, after being deprived by the Continental Congress of his usual means of reward for soldiers serving in the Revolutionary War; and

Whereas, the U.S. War Department revived the Purple Heart decoration on February 22, 1932, which has since been awarded to more than 800,000 men and women from all walks of life, religions, creeds, and ethnicity; and

Whereas, the Purple Heart, definitely a combat decoration, is awarded in the name of the President of the United States to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after April 5, 1917, has been wounded or killed, or who has died or may hereafter die after being wounded; and

Whereas, the "Military Order for the Purple Heart," the only strictly combat organization in existence, was formed in 1932 for the protection and mutual interest of all who have received the decoration, and is composed exclusively of Purple Heart recipients; and

Whereas, the Purple Heart was created to "cherish virtuous ambition in soldiers as well as foster and encourage every species of military


Printed Page 663 . . . . . Wednesday, January 26, 2000

merit," and to honor "not only instances of unusual gallantry but also of extraordinary fidelity and essential service." Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, recognizes the third Saturday in February as Purple Heart Day in South Carolina, and honors the decoration itself and those men and women who have received it.

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. 1051 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION DESIGNATE HARPER STREET (HIGHWAY 221) SITUATED WITHIN THE CITY LIMITS OF LAURENS, SOUTH CAROLINA, AS THE PRESIDENT ANDREW JOHNSON MEMORIAL HIGHWAY AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILL

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

S. 924 (Word version) -- Senators Setzler, Moore, Mescher, Saleeby, Thomas, Giese, Courson, Short, Bauer, O'Dell, Alexander, Land, Washington, Elliott, Holland, Reese, Leatherman, Passailaigue, Hayes, McConnell, Leventis, Rankin and Glover: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED ON EITHER SEPTEMBER 14, 15, 16, OR 17, 1999, BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO HURRICANE FLOYD ARE EXEMPTED FROM THE


Printed Page 664 . . . . . Wednesday, January 26, 2000

MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Referred to Committee on Education and Public Works

ROLL CALL

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

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Beck
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Canty
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Frye
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harrison
Harvin                 Hawkins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  McKay
McLeod, W.             McMahand               Meacham-Richardson
Miller                 Neal, J.H.             Neal, J.M.
Ott                    Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, R.
Stille                 Stuart                 Taylor
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley

Printed Page 665 . . . . . Wednesday, January 26, 2000

Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 26.

James Smith                       Clementa Pinckney
Timothy Wilkes                    Jerry Govan
Harry Askins                      Ronald Townsend
E.B. "Mac" McLeod                 J. Cordell Maddox
Bessie Moody-Lawrence             H.B. "Chip" Limehouse
Denny Neilson                     Douglas Jennings
Theodore Brown

Total Present--117

LEAVE OF ABSENCE

The SPEAKER granted Rep. CAMPSEN a leave of absence for today and tomorrow.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARRIS a leave of absence for today and tomorrow due to inclement weather conditions.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHIPPER a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence for today and tomorrow.

SPECIAL PRESENTATION

Rep. HOWARD presented to the House the State Superintendent of Education Inez Tenenbaum, Chairman Charles Moon and Executive Director Kathy Carter of the South Carolina Commission on National and Community Service and former United States Senator Harris Walker, Chief Executive Officer of the National Americorps office, for their accomplishments and service to the communities of South Carolina.


Printed Page 666 . . . . . Wednesday, January 26, 2000

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 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. 4346 (Word version)
Date:   ADD:
01/26/00   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3770 (Word version)
Date:   ADD:
01/26/00   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 4420 (Word version)
Date:   ADD:
01/26/00   RODGERS

CO-SPONSOR ADDED

Bill Number:   H. 4420 (Word version)
Date:   ADD:
01/26/00   ROBINSON


Printed Page 667 . . . . . Wednesday, January 26, 2000

CO-SPONSOR ADDED

Bill Number:   H. 3769 (Word version)
Date:   ADD:
01/26/00   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 4357 (Word version)
Date:   ADD:
01/26/00   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 4361 (Word version)
Date:   ADD:
01/26/00   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 4367 (Word version)
Date:   ADD:
01/26/00   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 4369 (Word version)
Date:   ADD:
01/26/00   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 4370 (Word version)
Date:   ADD:
01/26/00   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 4379 (Word version)
Date:   ADD:
01/26/00   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 4468 (Word version)
Date:   ADD:
01/26/00   NEILSON


Printed Page 668 . . . . . Wednesday, January 26, 2000

CO-SPONSOR ADDED

Bill Number:   H. 4468 (Word version)
Date:   ADD:
01/26/00   LOURIE

S. 143--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted:

S. 143 (Word version) -- Senators Passailaigue, Mescher and Ravenel: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON SCHOOL DISTRICT SO AS TO DEVOLVE THE BUDGETARY POWERS UPON THE CHARLESTON COUNTY COUNCIL.

H. 4472--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, January 27, which was adopted:

H. 4472 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.

H. 3903--DEBATE ADJOURNED

Rep. EDGE moved to adjourn debate upon the following Bill until Wednesday, February 9, which was adopted:

H. 3903 (Word version) -- Reps. Edge and Kelley: A BILL TO AMEND CHAPTER 7, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, SO AS TO ADD SECTION 5-7-145, PROVIDING THAT COASTAL MUNICIPALITIES HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, TO PROVIDE THAT THE MUNICIPALITIES MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO THE


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AUTHORITY OF COUNTY GOVERNMENT, SO AS TO PROVIDE THAT ITS AUTHORITY TO GRANT FRANCHISES IN AREAS OUTSIDE THE CORPORATE LIMITS OF MUNICIPALITIES WITHIN THE COUNTY IN THE MANNER PROVIDED BY LAW FOR MUNICIPALITIES AND SUBJECT TO THE SAME LIMITATIONS INCLUDES THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES; AND TO AMEND SECTION 5-7-30, AS AMENDED, RELATING TO THE POWERS OF THE MUNICIPALITIES, SO AS TO PROVIDE THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES.

S. 226--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted:

S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.

ORDERED TO THIRD READING

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

S. 118 (Word version) -- Senators Mescher and Reese: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF


Printed Page 670 . . . . . Wednesday, January 26, 2000

WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS, EXEMPT THEM FROM THE PROHIBITION, AND TO PROVIDE FOR NOTICES THAT FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING.

Rep. RHOAD explained the Bill.

OBJECTION TO RECALL

Rep. COTTY asked unanimous consent to recall H. 4085 (Word version) from the Committee on Ways and Means.
Rep. BAILEY objected.

H. 4420--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4420 (Word version) -- Reps. R. Smith, Harrell, Woodrum, Altman, Beck, Cato, Davenport, Delleney, Emory, Harrison, Haskins, Koon, Lanford, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, J. M. Neal, Parks, Perry, Rice, Riser, Seithel, Simrill, Stuart, Tripp, Trotter, Vaughn, Walker, Witherspoon, Young-Brickell, Rodgers and Robinson: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT, NOTWITHSTANDING RECENT MEDIA REPORTS OF CIVILIAN CASUALTIES AT NOKUEN-RI (NO GUN RI), SOUTH KOREA, NOTHING CAN DETRACT FROM THE DISTINGUISHED RECORD AND HEROISM OF THE BRAVE AND GALLANT MEN AND WOMEN WHO SERVED HONORABLY AND FOUGHT VALIANTLY AS SOLDIERS, SAILORS, MARINES, AND AIRMEN IN THE ARMED FORCES OF THE UNITED STATES DURING THE KOREAN WAR, AND THAT THE HEROISM, SERVICE, AND SACRIFICE OF ALL THOSE WHO SERVED THE CAUSE OF FREEDOM BY OPPOSING MURDEROUS COMMUNIST AGGRESSION IN KOREA MUST BE REMEMBERED AND COMMEMORATED WITH HONOR.

Whereas, in the early morning hours of June 25, 1950, the communist government of North Korea launched an unprovoked, surprise attack into South Korea; that, taken by surprise and


Printed Page 671 . . . . . Wednesday, January 26, 2000

ill-prepared to resist the sudden attack, the army of the Republic of Korea Army fell back in full retreat; and that hundreds and thousands of Korean civilians also fled southward as refugees to escape the communist onslaught; and

Whereas, determined to support the world's imperiled democracies, the United States immediately led a United Nations force to the remote Korean peninsula to shore up the Army of the Republic of Korea who was being overrun by the communist forces of North Korea; and that, in the face of the sudden emergency, United States garrison troops had to be pulled out of occupation duty in Japan and suddenly thrown into Korea when the North Koreans were smashing their way down the Korean Peninsula, causing great confusion, disorientation, fear, trepidation, and panic, especially among civilian refugees; and

Whereas, the weeks of June, July, and August of 1950, following the initial attack, was a period of great stress and chaos with United States Army units conducting a valiant fighting retreat against the invading North Koreans and facing heavy odds; that frequent relocation of friendly units under continuous attack by the North Korean forces, the prevalence of fighting during limited visibility, and the prevailing technological limits of air and artillery coordination, combined to make the potential of collateral damage, including unintentional civilian casualties, a very real and dangerous possibility; and

Whereas, during this period it was a known and frequently employed communist practice to use civilians to test for minefields; that it was also a known and frequently employed communist practice to disguise armed troops as civilians and attempt to infiltrate and take United States troops by surprise while posing as refugees; and that these cowardly communist practices, coupled with the difficulties inherent in supervising refugee withdrawal while conducting a fighting retreat, also combined to make the potential of collateral damage, including unintentional civilian casualties, a very real and dangerous possibility; and

Whereas, there are recent media reports that approximately one hundred forty-four Korean civilian refugees were killed by United States troops at Nokuen-Ri (No Gun Ri), South Korea, between July 26 and 29, 1950; that the governments of the United States and the Republic of South Korea are undertaking a joint investigation of the


Printed Page 672 . . . . . Wednesday, January 26, 2000

events at Nokuen-Ri to determine the facts behind these reports; and that, in the interim, these reports are capable of being used by the enemies of the United States and detractors of the Armed Forces of the United States to blemish the heroism and distinguished record of the one and one-half million men and women who served as soldiers, sailors, marines, and airmen in the Armed Forces of the United States during the Korean War; and

Whereas, of the one and one-half million United States soldiers, sailors, marines, and airmen who fought and served in the Korean War, it must never be forgotten that fifty-four thousand two hundred forty-six were killed in action, eight thousand one hundred seventy-seven are missing in action, seven thousand one hundred forty were prisoners of war, and one hundred three thousand two hundred eighty-four were wounded in action; and

Whereas, regardless of the findings and results of the joint investigation being conducted by the governments of the United States and the Republic of Korea, it is and will forever be the uncontroverted verdict of history that, but for the unprovoked aggression of the communist government of North Korea against the Republic of South Korea, there would have been no Korean War, no Korean refugees fleeing from communist forces, and no United States troops fighting in Korea to stop the communist onslaught; that, but for the unprovoked aggression of the communist government of North Korea against the Republic of South Korea, and the known, frequently employed, and unthinkable communist practices of using civilians to test for minefields, and disguising armed troops as civilian refugees in attempts to infiltrate and take United States troops by surprise, there would have been no occasion for civilians to be exposed to the ravages of war or to become casualties at Nokuen-Ri; and

Whereas, in the immortal words of William Sessions, former Director of the Federal Bureau of Investigation and a veteran of the Korean War, speaking of the United States troops who fought and died in Korea, "They went not for conquest and not for gain, but only to protect the anguished and the innocent. They suffered greatly and by their heroism in a thousand forgotten battles they added a luster to the codes we hold most dear: duty, honor, country, fidelity, bravery, integrity...". Now, therefore,


Printed Page 673 . . . . . Wednesday, January 26, 2000

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

That it is the sense of the General Assembly of the State of South Carolina that, notwithstanding recent media reports of civilian casualties at Nokuen-Ri, South Korea, nothing can detract from the distinguished record and heroism of the brave and gallant men and women who served honorably and fought valiantly as soldiers, sailors, marines, and airmen in the Armed Forces of the United States during the Korean war, and that the heroism, service, and sacrifice of all those who served the cause of freedom by opposing murderous communist aggression in Korea must be remembered and commemorated with honor.

Be it further resolved that copies of this resolution be forwarded to: President William Clinton, as Commander in Chief of the Armed Forces of the United States; William Cohen, Secretary of Defense; Senator John W. Warner, Chairman, Senate Armed Services Committee; Representative Floyd Spence, Chairman, House Armed Services Committee; Mr. Togo West, Director of the United States Department of Veterans Affairs; Mr. Jimmie Ruff, Office of the Governor, Division of Veteran Affairs, and to each member of the South Carolina Congressional Delegation.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

H. 4017--DEBATE ADJOURNED

Rep. KEEGAN moved to adjourn debate upon the following Bill until Wednesday, February 2, which was adopted:

H. 4017 (Word version) -- Ways and Means Committee: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD


Printed Page 674 . . . . . Wednesday, January 26, 2000

OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.

RECURRENCE TO THE MORNING HOUR

Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILLS

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

H. 4476 (Word version) -- Reps. Hinson, Law, H. Brown, Dantzler and Gourdine: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE BERKELEY COUNTY SCHOOL DISTRICT


Printed Page 675 . . . . . Wednesday, January 26, 2000

DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD INCLUDING THE FLOODING THAT FOLLOWED 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. HINSON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4477 (Word version) -- Reps. McGee and McKay: A BILL TO AMEND ARTICLE 1, CHAPTER 5 OF TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNFAIR TRADE PRACTICES, BY ADDING SECTION 39-5-39 SO AS TO PROVIDE THAT IT CONSTITUTES SUCH A PRACTICE FOR A TERMITE ERADICATION OR PEST CONTROL COMPANY TO PERFORM, OR TO OFFER, SEEK, OR ATTEMPT TO PERFORM, REPAIRS TO DAMAGE TO REAL PROPERTY CAUSED BY TERMITES OR OTHER PESTS IF THE COMPANY HAS IN THE FIRST INSTANCE INSPECTED THE PROPERTY AND IDENTIFIED THE DAMAGE, AND TO PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry

H. 4478 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN UNION COUNTY, SO AS TO DELETE THE LOCATIONS OF THE POLLING PLACES AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE BOARD OF ELECTION AND REGISTRATION OF UNION COUNTY WITH THE APPROVAL OF A MAJORITY OF THE UNION COUNTY LEGISLATIVE DELEGATION, AND DESIGNATE A MAP NUMBERED ON WHICH LINES OF THE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. FLEMING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE STANDS AT EASE

The House stood at ease, subject to the call of the Chair.


Printed Page 676 . . . . . Wednesday, January 26, 2000

THE HOUSE RESUMES

At 11:55 p.m. the House resumed, the SPEAKER in the Chair.

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF EMPLOYMENT SECURITY COMMISSION MEMBERS

The Reading Clerk of the House read the following Concurrent Resolution:

S. 900 (Word version) -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 26, 2000, AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 2000.

The President announced that nominations were in order for three members of the Employment Security Commission.

The President recognized Rep. VAUGHN, member of the Joint Screening Committee to Review Candidates for the Employment Security Commission.

Rep. VAUGHN stated that the following candidates had been screened and found qualified: Stephen P. Lanford, J. William McLeod, John L. Scott, Jr., McKinley Washington, Jr., and Mrs. Carole C. Wells.

Rep. VAUGHN moved to dispense with the nominating speeches, which was agreed to.

On motion of Rep. VAUGHN, nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.


Printed Page 677 . . . . . Wednesday, January 26, 2000

The following named Senators voted for Mr. Lanford:

Bauer                  Elliott                Grooms
Leventis               Reese                  Smith, J.V.
Waldrep                Wilson

Total--8

The following named Senators voted for Mr. McLeod:

Alexander              Bauer                  Branton
Bryan                  Courtney               Elliott
Fair                   Ford                   Giese
Glover                 Grooms                 Hayes
Holland                Hutto                  Jackson
Land                   Leatherman             Leventis
Martin                 Matthews               McConnell
McGill                 Moore                  O'Dell
Passailaigue           Patterson              Peeler
Rankin                 Ravenel                Richardson
Ryberg                 Saleeby                Setzler
Short                  Thomas                 Waldrep
Wilson

Total--37

The following named Senators voted for Mr. Scott:

Anderson               Courson                Ford
Giese                  Glover                 Hutto
Jackson                Land                   Matthews
McConnell              McGill                 Mescher
Moore                  Passailaigue           Patterson
Saleeby

Total--16

The following named Senators voted for Mr. Washington:

Alexander              Anderson               Branton
Bryan                  Courson                Courtney
Elliott                Fair                   Ford
Glover                 Grooms                 Hayes
Holland                Hutto                  Jackson

Printed Page 678 . . . . . Wednesday, January 26, 2000

Land                   Leatherman             Leventis
Martin                 Matthews               McConnell
McGill                 Mescher                Moore
O'Dell                 Passailaigue           Patterson
Peeler                 Rankin                 Ravenel
Reese                  Richardson             Ryberg
Saleeby                Setzler                Short
Smith, J.V.            Thomas                 Waldrep

Total--39

The following named Senators voted for Mrs. Wells:

Alexander              Anderson               Bauer
Branton                Bryan                  Courson
Courtney               Fair                   Giese
Hayes                  Holland                Leatherman
Martin                 Mescher                O'Dell
Peeler                 Rankin                 Ravenel
Reese                  Richardson             Ryberg
Setzler                Short                  Smith, J.V.
Thomas                 Wilson

Total--26

Rep. VAUGHN, with unanimous consent, moved that the members of the House vote by electronic roll call.

The following named Representatives voted for Mr. Lanford:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Beck                   Bowers                 Brown, G.
Brown, H.              Carnell                Cato
Chellis                Clyburn                Cooper
Cotty                  Davenport              Easterday
Edge                   Fleming                Frye
Gamble                 Gilham                 Hamilton
Harrell                Harrison               Hawkins
Hinson                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach

Printed Page 679 . . . . . Wednesday, January 26, 2000

Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Maddox
Martin                 McCraw                 McGee
McKay                  McLeod, M.             McMahand
Meacham-Richardson     Miller                 Neilson
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Simrill
Smith, D.              Smith, F.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--80

The following named Representatives voted for Mr. McLeod:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Beck                   Breeland               Brown, G.
Brown, H.              Brown, J.              Canty
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Emory                  Frye                   Gamble
Gourdine               Govan                  Hamilton
Harrison               Harvin                 Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Howard                 Huggins
Inabinett              Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Littlejohn             Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  McKay                  McLeod, M.
McLeod, W.             Meacham-Richardson     Miller
Neal, J.M.             Neilson                Ott
Perry                  Quinn                  Rhoad
Rice                   Riser                  Sandifer

Printed Page 680 . . . . . Wednesday, January 26, 2000

Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Taylor                 Tripp
Trotter                Vaughn                 Walker
Webb                   Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--88

The following named Representatives voted for Mr. Scott:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, J.
Clyburn                Cobb-Hunter            Davenport
Emory                  Fleming                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Huggins                Jennings
Knotts                 Lee                    Lloyd
Lourie                 Lucas                  Maddox
McCraw                 McGee                  McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Perry
Pinckney               Robinson               Rutherford
Smith, F.              Smith, J.              Stuart
Townsend               Tripp                  Wilkes

Total--48

The following named Representatives voted for Mr. Washington:

Allen                  Askins                 Bailey
Bowers                 Breeland               Brown, G.
Brown, J.              Canty                  Carnell
Chellis                Clyburn                Cobb-Hunter
Dantzler               Davenport              Delleney
Emory                  Gilham                 Gourdine
Govan                  Harrell                Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Kirsh

Printed Page 681 . . . . . Wednesday, January 26, 2000

Lee                    Limehouse              Lloyd
Lourie                 Maddox                 McLeod, M.
McLeod, W.             McMahand               Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Phillips               Pinckney
Rhoad                  Rodgers                Rutherford
Seithel                Sheheen                Smith, F.
Smith, J.              Stille                 Whatley
Wilkes

Total--55

The following named Representatives voted for Mrs. Wells:

Allison                Altman                 Bailey
Barfield               Barrett                Beck
Brown, H.              Cato                   Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Harrison
Hawkins                Hinson                 Inabinett
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Martin                 McKay
Meacham-Richardson     Moody-Lawrence         Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--68


Printed Page 682 . . . . . Wednesday, January 26, 2000

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   114
Grand Total   156
Necessary to a choice   79
Of which Mr. Lanford received   88
Of which Mr. McLeod received   125
Of which Mr. Scott received   64
Of which Mr. Washington received   94
Of which Mrs. Wells received   94

Whereupon, the PRESIDENT announced that the Honorable J. William McLeod, the Honorable McKinley Washington, Jr. and the Honorable Carole C. Wells were duly elected for the term prescribed by law.

STATEMENT FOR THE JOURNAL

Please note that I abstain from voting in the South Carolina Employment Security Commission election.
Senator McKinley Washington

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:30 p.m. the House resumed, the SPEAKER in the Chair.

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

ADJOURNMENT

At 12:32 p.m. the House, in accordance with the motion of Rep. J. H. NEAL, adjourned in memory of Helen Mann, to meet at 10:00 a.m. tomorrow.

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