South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives


Printed Page 1068 . . . . . Tuesday, February 27, 2001

Tuesday, February 27, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. RODGERS as follows:

We thank You, Heavenly Father, for these moments of prayer, when we lift our thoughts to You. When this prayer is finished, continue Your presence with us. When the burdens are heavy, give us strength to carry them. When the pressures are great, grant us inner peace. When the days are long and the demands irksome, give us an ability to think clearly and act wisely. Keep us able to bear the wounds of criticism, the hurt of misunderstanding, the pain of misjudged motives, and the monotony of daily toil. Yours, O Lord, is the power and the glory forever and ever. Amen.

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

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

MOTION ADOPTED

Rep. COATES moved that when the House adjourns, it adjourn in memory of George Cooper Vause of Florence, which was agreed to.

INVITATION

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

February 26, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 1069 . . . . . Tuesday, February 27, 2001

Dear Rep. Fleming:

On behalf of the South Carolina Chapters of Alpha Kappa Alpha Sorority the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on March 29, 2001, from 8:00 to 10:00 a.m.
Sincerely,
Sheila McMillan

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration:

Document No. 2600
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-142-20
Need-based Grants Program
Received by Speaker of the House of Representatives
February 22, 2001
Referred to Education and Public Works Committee
Legislative Review Expiration June 22, 2001

Document No. 2601
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-104-20
Palmetto Fellows Scholarship Program
Received by Speaker of the House of Representatives
February 22, 2001
Referred to Education and Public Works Committee
Legislative Review Expiration June 22, 2001

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2360
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-104-20
Legislative Incentives for Future Excellence (LIFE) Scholarship
Received by Speaker of the House of Representatives
January 14, 1999
Referred to Education and Public Works Committee
Legislative Review Expiration Tolled
20010226   Withdrawn and Resubmitted


Printed Page 1070 . . . . . Tuesday, February 27, 2001

HOUSE RESOLUTION

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

H. 3629 (Word version) -- Rep. Whatley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO SARAH ASHLEY MEDLEY OF NORTH CHARLESTON ON TUESDAY, FEBRUARY 27, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING SARAH FOR BEING NAMED OUR "MISS SOUTH CAROLINA TEEN 2001".

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to Sarah Ashley Medley of North Charleston on Tuesday, February 27, 2001, at a time to be determined by the Speaker for the purpose of recognizing Sarah for being named our "Miss South Carolina Teen 2001".

The Resolution was adopted.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 3630 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO RANDOLPH D. SMOAK, JR., M.D., A SURGEON OF ORANGEBURG, SOUTH CAROLINA, ON THURSDAY, MARCH 1, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON HIS ELECTION AS THE ONE HUNDRED FIFTY-FIFTH PRESIDENT OF THE AMERICAN MEDICAL ASSOCIATION.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to Randolph D. Smoak, Jr., M.D., a surgeon of Orangeburg, South Carolina, on Thursday, March 1, 2001, at a time to be determined by the Speaker, for the purpose of being


Printed Page 1071 . . . . . Tuesday, February 27, 2001

recognized and congratulated on his election as the one hundred fifty-fifth President of the American Medical Association.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 189 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF WOODRUFF ROAD FROM THE I-85 INTERCHANGE TO THE I-385 INTERCHANGE IN GREENVILLE COUNTY AS THE "TROOPER FIRST CLASS ERIC F. NICHOLSON MEMORIAL HIGHWAY" IN MEMORY OF TROOPER FIRST CLASS ERIC F. NICHOLSON WHO WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 364 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE MARKERS OR SIGNS SOUTH OF THE FIVE-MILE MARKER ALONG INTERSTATE HIGHWAY 95 IN JASPER COUNTY AS A MEMORIAL TO TROOPER FIRST CLASS BRUCE SMALLS WHO WAS KILLED IN THE LINE OF DUTY ALONG THIS PORTION OF HIGHWAY ON SEPTEMBER 27, 1985.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 370 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KRISTEN POLLOCK ON BEING NAMED ONE OF SOUTH CAROLINA'S TOP STUDENT VOLUNTEERS AND WINNER OF THE DISTINGUISHED


Printed Page 1072 . . . . . Tuesday, February 27, 2001

FINALIST MEDALLION DURING THE SIXTH ANNUAL PRUDENTIAL SPIRIT OF COMMUNITY AWARDS.

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

INTRODUCTION OF BILLS

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

H. 3631 (Word version) -- Reps. J. H. Neal, Clyburn, Cobb-Hunter, Govan and Scott: A BILL TO AMEND SECTION 1-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE MINORITY AFFAIRS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MEET QUARTERLY AND AS THE CHAIRMAN FINDS NECESSARY INSTEAD OF MEETING AT LEAST MONTHLY.
Referred to Committee on Judiciary

H. 3632 (Word version) -- Reps. Wilkins, Harrison and G. M. Smith: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 26 SO AS TO ENACT THE "ADULT AND JUVENILE DRUG TREATMENT COURT ACT OF 2001" SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ADULT AND JUVENILE DRUG TREATMENT COURT PROGRAMS IN EACH JUDICIAL CIRCUIT, SUBJECT TO THE AVAILABILITY OF FUNDS, TO PROVIDE THE STANDARDS AND PROCEDURES FOR THE PROGRAMS, TO PROVIDE REQUIREMENTS FOR DRUG COURT JUDGES, TO PROVIDE FOR LOCAL DRUG TREATMENT COURT ADVISORY COMMITTEES, TO PROVIDE FOR THE STATE DRUG TREATMENT COURT OFFICE, ITS DIRECTOR, AND THE STATE DRUG TREATMENT COURT ADVISORY COMMITTEE.
Referred to Committee on Judiciary

H. 3633 (Word version) -- Reps. D. C. Smith and J. R. Smith: A BILL TO AMEND SECTION 5-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT TAXES BY A MUNICIPALITY, SO AS TO PROVIDE THAT A DELINQUENT TAX SALE TO COLLECT


Printed Page 1073 . . . . . Tuesday, February 27, 2001

MUNICIPAL TAXES AND HELD IN CONJUNCTION WITH A DELINQUENT TAX SALE TO COLLECT COUNTY TAXES MAY TAKE PLACE AT THE PUBLIC PLACE IN THE COUNTY THAT IS DESIGNATED BY THE COUNTY, INSTEAD OF BEING REQUIRED TO TAKE PLACE IN THE MUNICIPALITY.
Referred to Committee on Ways and Means

H. 3634 (Word version) -- 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.
On motion of Rep. ALTMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

The following was introduced:

H. 3635 (Word version) -- Reps. Klauber, Carnell, Parks and Taylor: A HOUSE RESOLUTION TO CONGRATULATE THE GREENWOOD HIGH SCHOOL FOOTBALL TEAM FOR WINNING THEIR SECOND CONSECUTIVE CLASS AAAA DIVISION II STATE CHAMPIONSHIP ON DECEMBER 1, 2000.

The Resolution was adopted.


Printed Page 1074 . . . . . Tuesday, February 27, 2001

HOUSE RESOLUTION

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

H. 3636 (Word version) -- Reps. Klauber, Carnell, Parks and Taylor: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE GREENWOOD HIGH SCHOOL FOOTBALL TEAM AND ITS COACHING STAFF ON MARCH 21, 2001, AT A TIME TO BE SET BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE CLASS AAAA DIVISION II STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Greenwood High School football team and its coaching staff on March 21, 2001, at a time to be set by the Speaker, for the purpose of being recognized on winning the Class AAAA Division II State Championship.

The Resolution was adopted.

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                 Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Klauber

Printed Page 1075 . . . . . Tuesday, February 27, 2001

Knotts                 Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.M.             Ott
Owens                  Parks                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Rivers
Robinson               Rodgers                Rutherford
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stuart                 Talley
Taylor                 Thompson               Townsend
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
Whipper                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, February 27.

Bill Cotty                        Daniel Tripp
Mark Kelley                       Harry Stille
Gilda Cobb-Hunter                 Larry Koon
Alex Harvin                       Fletcher Smith

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. NEILSON a leave of absence for the week due to a car accident.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. H. NEAL a leave of absence for the day due to his wife having surgery.


Printed Page 1076 . . . . . Tuesday, February 27, 2001

DOCTOR OF THE DAY

Announcement was made that Dr. William C. Gerard of Chapin is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. WHATLEY and the Charleston Delegation presented to the House Sarah Ashley Medley of North Charleston, "Miss South Carolina Teen 2001."

CO-SPONSOR REMOVED

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 REMOVED

Bill Number:   H. 3568 (Word version)
Date:   REMOVE:
02/27/01   JENNINGS

ORDERED TO THIRD READING

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

H. 3619 (Word version) -- Reps. G. Brown and Lucas: A BILL TO AUTHORIZE THE LEE COUNTY SCHOOL DISTRICT TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.


Printed Page 1077 . . . . . Tuesday, February 27, 2001

H. 3624 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Rivers: A BILL TO PROVIDE THAT THE BEAUFORT COUNTY BOARD OF EDUCATION MAY ESTABLISH, WITHIN GUIDELINES, ITS COMPENSATION AND PER DIEM.

H. 3100--DEBATE ADJOURNED

Rep. SIMRILL moved to adjourn debate upon the following Bill until Wednesday, February 28, which was adopted:

H. 3100 (Word version) -- Rep. Simrill: 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.

H. 3146--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3146 (Word version) -- 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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22852CM01):
Amend the bill, as and if amended, Section 56-50-1520(H), as contained in SECTION 1, page 3, by inserting / , as defined by Section 56-1-2030(4), / after / vehicle / on line 9, and by deleting / lose his


Printed Page 1078 . . . . . Tuesday, February 27, 2001

privilege to drive for six months / and inserting / , notwithstanding the provisions contained in Section 56-1-2110(F), be disqualified for six months from driving a commercial motor vehicle as defined by Section 56-1-2030(4) / on line 26.
When amended Section 56-50-1520(H) shall read:
/   "(H)   A person violating 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, as defined by Section 56-1-2030(4), which requires the driver to possess a commercial driver's license is guilty of a misdemeanor and, upon conviction for a first offense, must be fined as follows:

(1)   in excess of the posted limit but not in excess of ten miles an hour by a fine of not less than twenty dollars nor more than thirty-five dollars;

(2)   in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than thirty-five dollars nor more than seventy-five dollars;

(3)   in excess of fifteen miles an hour but less than twenty miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than one hundred twenty-five dollars; and

(4)   in excess of twenty miles an hour above the posted limit by a fine of not less than one hundred twenty-five dollars nor more than three hundred dollars or imprisoned for not more than thirty days, and, notwithstanding the provisions contained in Section 56-1-2110(F), be disqualified for six months from driving a commercial motor vehicle as defined by Section 56-1-2030(4).

Penalties contained in this subsection are in lieu of any other penalties imposed upon a driver of a commercial motor vehicle exceeding the speed limit in a zone where the maximum speed limit is fifty-five miles an hour." /
Amend title to conform.

Rep. MARTIN explained the amendment.

Reps. BARRETT, SANDIFER, LITTLEJOHN, KNOTTS, BALES, ALTMAN, TRIPP, LOFTIS, LAW, GOURDINE and DAVENPORT requested debate on the Bill.


Printed Page 1079 . . . . . Tuesday, February 27, 2001

H. 3379--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3379 (Word version) -- 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.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11291AC01):
Amend the joint resolution, as and if amended, Section 1(B), page 2 by deleting item (4) on lines 8 through 20 and inserting:
/     (4)   the following members to be appointed by the Governor:

(a)   one general ophthalmologist;

(b)   one ophthalmologist with a specialty in or experience in providing pediatric ophthalmology to young children;

(c)   one neonatologist with a specialty in or knowledge of infant eye screening;

(d)   one representative of the South Carolina Academy of Pediatrics;

(e)   one representative of the South Carolina Academy of Family Physicians;

(f)   one representative of the South Carolina Hospital Association;

(g)   one general optometrist;

(h)   one optometrist with a specialty or experience in providing optometric care to young children;

(i)     two parents representing two families with a child with blindness or other ocular abnormalities affecting vision./
Renumber sections to conform.
Amend totals and title to conform.

Rep. MACK explained the amendment.

POINT OF ORDER

Rep. ROBINSON made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number


Printed Page 1080 . . . . . Tuesday, February 27, 2001

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.

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 12:30 p.m. 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.

ADDRESS BY THE NATIONAL COMMANDER OF THE AMERICAN LEGION

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

S. 176 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RAY G. SMITH, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 27, 2001.

The Honorable Ray G. Smith and distinguished party were escorted to the rostrum by Senators Drummond, Courson, Wilson, Hayes and Anderson and Representatives VAUGHN, BARFIELD, HOSEY, MCCRAW and KLAUBER.

The Lt. Governor recognized our special guests and then introduced Mr. Ray G. Smith, the National Commander of the American Legion, who addressed the Joint Assembly as follows:

Thank you, Lieutenant Governor Peeler. Speaker Wilkins. Fellow Carolinians.
It is a real pleasure to be "almost home." I'm from North Carolina, and while on a map that means a different state, I believe that we in the Carolinas share the same state of mind.
For instance, take this piece of homespun wisdom:
Two boll weevils grew up in South Carolina. One went to Hollywood and became a famous actor. The other headed to North


Printed Page 1081 . . . . . Tuesday, February 27, 2001

Carolina and worked in a furniture shop, but never amounted to much. The second one, naturally, became known as the lesser of two weevils.
Now even people in New York and California would have to admit ...that's a pretty stale joke.
Please permit me to introduce a few people who honor me with their presence this afternoon:
Christine West of New Hampshire, the leader of the nation's largest women's patriotic organization, the American Legion Auxiliary.
Carrying the torch in the Palmetto State is Mrs. Jean Claire Gibbons, president of the South Carolina American Legion Auxiliary.
They call him Mr. Legionnaire. Past National Commander of The American Legion: E. Roy Stone of Greenville.
Commander of the South Carolina American Legion, George W. Rollings of Lancaster.
Adjutant of the South Carolina American Legion, Jimmy Hawk.
I look at the Gold Star Mothers sitting before me. Each of you lost a son or daughter in military service to this nation. My heart is heavy with the sadness of your loss, yet proud of your sacrifices.
I have quickly come to understand that serving as the National Commander of The American Legion, wearing this red hat, means "never unpack your suitcase." We are on the road and in the air quite a bit. My aide, Frank Stancil and I are really enjoying our tenure in this job, but I think Frank would agree that having a pair of those red slippers Dorothy wore in the "Wizard of Oz" would be nice. Then, when I got a little road weary, I could just click my heels together and say "there's no place like home," and I'd be on my way.
You are assembled here as the elected representatives of South Carolina, a proud, patriotic state.
This proud patriotism has been reflected in every conflict in which our great country has been involved.
From the American Revolutionary War through Desert Shield and Desert Storm, South Carolina's sons and daughters have answered their country's call, fighting for freedom.
Many made the supreme sacrifice.
The numbers for the 20th century alone are a solemn testimony to the selfless service of veterans from the Palmetto State.
In World War I, 2,085 South Carolinians were killed.
In World War II, that number was 3,423.
Korea claimed 466 young men and women.
In Vietnam, 890 never returned.

Printed Page 1082 . . . . . Tuesday, February 27, 2001

Added up, more than 6,800 healthy, able-bodied South Carolinian patriots left their homes, families and friends, and, in the face of oppression, and in the name of liberty, gave up their bright futures.
Thirty-Seven South Carolina natives received the nation's highest award for valor during battle, the Congressional Medal of Honor. As you can understand, many of them received the award posthumously.
Freddie Stowers grew up in Anderson County early in the 20th Century. When America called him to action in World War I, Freddie went willingly, joining the U.S. Army. Before long he was a corporal, serving as a squad leader in the 93rd Infantry Division in France.
His company was the lead company during their attack on Hill 188, in the Champagne Marne Sector.
Stower and his company were only a few minutes into their assault, when the enemy ceased fire. The enemy troops then began climbing up onto the parapets of the trenches, holding up their arms as if wishing to surrender.
Freddie and the rest of the men in his company ceased fire and came out into the open to accept the enemy troops as prisoners.
When the men had walked to within 100 meters of the enemy trench line, the enemy troops jumped back into their trenches and opened fire, immediately killing or wounding half of Freddie's company.
Well, Freddie wasn't about to take any of this lying down.
Listen to these telling words from his citation:
"Faced with incredible enemy resistance, Corporal Stowers took charge...he crawled forward, leading his squad toward an enemy machine gun nest, which was causing heavy casualties to his company. After fierce fighting, the machine gun position was destroyed and the enemy soldiers were killed."
Freddie continued to press on against a determined enemy, killing enemy soldiers as he and his men engaged position after position.
While crawling forward to attack a second trench line, he was mortally wounded by machine gun fire. Though he was dying, Freddie refused to quit. He pressed forward, urging on the members of his squad, until he could hold off death no more, and choked out his last breath.
"Inspired by the heroism and display of bravery of Corporal Stowers, his company continued the attack against incredible odds, contributing to the capture of Hill 188 and causing heavy enemy casualties."
The tradition of South Carolina heroism is strongly evidenced by the actions of Freddie Stowers. He died before the next soldier I want to

Printed Page 1083 . . . . . Tuesday, February 27, 2001

tell you about was even born. Yet, you could make the argument that these men and their actions, separated by 35 years and two wars, are connected by their valorous service.
Charles H. Barker, from Pickens County, was a member of Company K, 17th Infantry Regiment, 7th Infantry Division during action in Korea, in June 1953. Just 18 years old, a teenager, fighting in a world very different than his South Carolina home, a home he would never see again.
He was out participating in a combat patrol with fellow soldiers when they suddenly surprised and attacked North Korean soldiers digging emplacements on the slope of the Americans' "Pork Chop Outpost."
Charles quickly moved to an open area where he could throw some grenades and fire his rifle at the hostile positions. It was a start of a desperate and ferocious battle:
"...As enemy action increased in volume and intensity, mortar bursts fell on friendly positions, ammunition was in critical supply, and the platoon was ordered to withdraw into a perimeter defense, in preparation to move back to their outpost..."
When he heard the orders, Charles, barely old enough to be out of high school, realized that someone had to cover the withdrawal of his fellow soldiers. He quickly volunteered, and as his buddies moved out of the area, the young South Carolinian fired his weapon at the swarm of advancing enemy soldiers, effectively covering his patrol's withdrawal.
Then he ran out of ammo. Resisting what must have been a very strong, very normal, and very human urge to turn around and retreat in the face of such insurmountable odds, Charles instead stood his ground and continued to attack the enemy. He had to protect his fellow soldiers.
His superiors told more in the citation which accompanied his Medal of Honor, "He gallantly maintained a defense and was last seen in close hand-to-hand combat with the enemy...PFC Barker's unflinching courage, consummate devotion to duty, and supreme sacrifice enabled the patrol to complete the mission and effect an orderly withdrawal to friendly lines..."
Without a doubt, both Freddie Stowers and Charles Barker not only understood the promise: "We shall not fail those with whom they served." They lived it. And they died by it.
These two brave souls, and a million other veterans in this country's history, made the supreme sacrifice.

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However, many more millions of American men and women served their country just as honorably, and lived to tell about it.
Not all veterans who fought for our country's liberty were killed. Not all veterans who went to war returned with wounds. Not all veterans actually engaged an enemy in desperate, mortal combat.
Yet, for every one who saw combat, three or more provided logistical support--three or more ensured that their comrades would have the needed supplies. No matter the role played, all served. More importantly, all stood ready to serve wherever and in whatever capacity they were needed. Every veteran was faithful to the vow, "I will protect and defend the Constitution of the United States against all enemies, foreign and domestic..."
There are thousands of these faithful veterans living right here in South Carolina.
The most recent figures reveal that 83,000 World War II veterans live in South Carolina;
48,900 Korean War veterans;
116,300 Vietnam veterans;
and 31,300 Persian Gulf veterans.
Add to that mix the 90,700 peacetime veterans who live in South Carolina and this state has more than 370,000 citizens who served in our nation's military.
That's a number to be proud of. They're people to be proud of.
Our country owes these patriots a great debt. We must especially look out for those who are getting older and are beginning to require additional medical care and housing.
These heroes, regardless of the era in which they served, put on uniforms and served on bases and ships all over the world, saying to America, "You can sleep safely tonight, because I am standing vigilantly at my post." They left their homes and families to protect our nation and our way of life.
Now that these veterans have done their duty and came home, we must ensure that our state and national governments protect them. You must say to your veterans, "You stood vigilantly at your post, and now that you're home and need assistance, we will take care of you and you will always have a place to sleep at night." Our veterans must know of your appreciation, and not only with a handshake or a hug. New doors should be opened for our veterans, particularly those who are older and require specialized care.

Printed Page 1085 . . . . . Tuesday, February 27, 2001

We can do better than we are doing, and the time has come for government to step forward and care for those who served...care for them as faithfully as they cared for us.
You, too, can say thanks to an elderly veteran who needs assistance. Build another veterans home.
There are now two veterans homes in this state--the Richard Michael Campbell Veterans Nursing Home and the Stone Pavilion of the C.M. Tucker Nursing Care Center.
The Department of Veterans Affairs and the laws of South Carolina say that there should be 2.5 available beds for every 1000 veterans.
With these two veterans homes now operating, there are 310 beds available.
But, wait a minute. There are more than 370,000 veterans living in South Carolina. To create the ratio of 2.5 beds for every 1,000 veterans, THREE 205-bed veterans nursing homes need to be built with domiciliary and/or extended care beds as well. Those who served this nation--when they were young and strong--deserve to be served now.
The American Legion is a 2.8 million member organization that is 26,000 strong here in South Carolina. Together with more than 6,000 American Legion Auxiliary members and more than 500 Sons of The American Legion members, there are 32,000 South Carolinians still serving their country.
We teach the tenets of government through American Legion Boys State and Boys Nation. The Auxiliary does the same thing in American Legion Auxiliary Girls State and Girls Nation.
We encourage young people to study and learn about our Constitution through the National High School Oratorical Contest.
We sponsor Scouting Units and American Legion Baseball teams that foster teamwork and dedication to duty.
We give medals to Junior R-O-T-C cadets--young people who demonstrate the leadership potential that courses through the halls of our service academies and The Citadel.
In 2000, our South Carolina Department of The American Legion volunteered more than 17,000 hours in the local community.
They sponsored nearly 810 Boys State members, and donated more than 250 pints of blood.
Nationally, The American Legion successfully raised the issue of national defense to a much-talked about topic during the recent presidential campaign, and energized the 25 million military veterans in this country to exercise their right to vote, with the first-ever Internet straw poll for veterans.

Printed Page 1086 . . . . . Tuesday, February 27, 2001

There would be no GI Bill--and no Cabinet level Department of Veterans Affairs--had there not been an American Legion.
We support a new GI Bill--the GI Bill of Health. It will make the VA health care system accessible to all veterans and their families. Our plan will also provide new funding for the system, to keep the doors of those VA hospitals open.
The American Legion remains an active organization dedicated to the preservation of American values and to fighting for the rights of our veterans and active duty military all over the world.
I know that you, as the representatives of this proud state, will keep veterans' care and rights second to none and first in the hearts and minds of South Carolinians.
I ask you, the elected officials of South Carolina, to continue leading your state on a steady course and to keep an ever-vigilant watch for the rights of those who have worn and continue to wear the uniform of America's military--a truly honorable group of men and women.
Together, we will prevail.

Upon conclusion of his address, the National Commander and his escort party retired from the Chamber.

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 12:55 p.m. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3620 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney,


Printed Page 1087 . . . . . Tuesday, February 27, 2001

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, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, 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, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE CONGRATULATIONS AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO RANDOLPH D. SMOAK, JR., M.D., A SURGEON OF ORANGEBURG, SOUTH CAROLINA, ON BEING ELECTED THE ONE HUNDRED FIFTY-FIFTH PRESIDENT OF THE AMERICAN MEDICAL ASSOCIATION AND OFFERING A SPECIAL THANK YOU FOR HIS UNBOUNDED COMMITMENT AND ENCOURAGEMENT ON GOOD HEALTH AND PREVENTIVE CARE.

ADJOURNMENT

At 1:00 p.m. the House, in accordance with the motion of Rep. COATES, adjourned in memory of George Cooper Vause of Florence, to meet at 10:00 a.m. tomorrow.

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