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

Monday, August 27, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 1:00 p.m.
Deliberations were opened with prayer by Rep. LOFTIS as follows:

Lord God, when our responsibilities are increased, then we ask for a double portion of Your guidance. As we face the duties of this day, cause us to use every God-given moment wisely and with You to guide our judgement. Keep us focused on doing what is right, as with joined hands we walk and work together. May we use Your teachings as a guide for our every thought, word and deed. May we feel Your never failing presence around us to protect us, before us to lead us, beneath us to hold us up. The Lord bless and keep us, now and forever. 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 Thursday, August 16, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. KNOTTS moved that when the House adjourns, it adjourn in memory of Congressman Floyd Davidson Spence, which was agreed to.

STATEMENT BY REPRESENTATIVE NEILSON

Mr. Speaker, Members of the House, it is great to be back! It is great to be with you my friends and colleagues. I consider it a blessing to be alive and to be able to address this body again and to thank you for your support, kind thoughts and prayers during the past several months after my near fatal accident. Most of all I thank you for your prayers. Without them and the grace of God I would not be here.
Words fail to express the gratitude I feel for you and the hundreds of good people across this great State who took time to visit, called, prayed, sent cards and gifts and wished me well for my recovery. All of this has been a most humbling experience.
Each of us only have this day, this hour, this minute to live in. That is why it is called a present-it is a gift from our creator to live life a little while. I am deeply honored to have the opportunity to be a member of this outstanding body. I suppose I should tell you that I've been able to return to this House before returning to our own house in Darlington.
The love of Christ and compassion of you and hundreds of people throughout South Carolina have helped me get this far. I am thankful to you and others for your faith during a period when I couldn't help myself.
When I left the State House on that beautiful day, Thursday, February 8, 2001, to attend a legislative meeting at the Governor's School in Hartsville, I had no idea that it would be almost seven months before I would be able to return and be with you. Although I have been physically unable to be with you, my heart has been with you.
Statistics indicate that I should not have survived the accident. God saved my life through a sequence of events. When the 18 wheeler crossed into my lane and crashed into my Explorer, the EMS from Bishopville was returning from another call, saw the accident and got there before the dust settled. In the car just behind me was a nurse, Laura Bennett, whose car was also hit, but she ran over to my vehicle and positioned my head so that I could breath. I was then airlifted to Palmetto Richland Hospital where skilled professionals, such as Dr. Binow, Chief trauma surgeon, worked to try and save my life. God answers prayers-my progress continues to improve through my determination, skilled medical professionals, a demanding rehabilitation program which will continue for many months and the good Lord.
When I recovered from medication one of the first things I saw was your valentine. The valentine you sent is still in a prominent position in our room, proving how special each and every one of you are to me. There is always the possibility of omitting someone when you start to mention names of those who have helped so much during this ordeal. Time and my limited amount of energy prevents me from calling each of you by name. You know how much you mean to me. I do feel it is necessary to mention a few who have gone far beyond the call of duty on my behalf. Governor Hodges and staff, especially Cindy, Speaker Wilkins and his staff, my Committee Chairman Bobby Harrell and staff especially Jeannie, and Sgt. At Arms Mitch Dorman. Thank you to my delegation, Jay, Jesse, Mary Beth and of course, Doug Jennings.
I have thanked my caregiver over and over, he's been a blessing. My husband Dave, scheduler, medication coach, and business manager. I even have learned to appreciate Dave's driving. I couldn't have made it without him and my family. They have steadfastly supported, loved and cared for me for all my life but especially during this difficult time. They're with us today, Katherine, Bette, William, Woody, Brenda and Michael.
Again your concern shows me that at heart there is no finer group than this legislative body in the United States. I cannot express my gratitude for the graciousness and kindness you have shown to me and my family during the most difficult time in my life.
You have also had a busy year! I encourage you to continue your work of making the right decisions for all the good people of South Carolina. God willing, and with doctors approval, I look forward to returning in January to work with you and to running again for House District 56 to serve my constituents who have been so faithful and supportive during the past challenging months. I love and appreciate each of you. God Bless.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., August 22, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Rankin, Ravenel and Gregory of the Committee of Conference on the part of the Senate on H. 3599:

H. 3599 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS".

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., August 22, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3599:

H. 3599 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS".

Very respectfully,
President
Received as information.

H. 3599--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT

H. 3599
The General Assembly, Columbia, S.C., June 28, 2001

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3599 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS".

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 06/20/01.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION     1.     Section 50-5-15(37) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(37)     'Peeler trap' means a trap constructed of one inch or smaller hexagonal wire which is:

(a)     unbaited; or

(b)     baited with only one live male crabs. crab and may have one single piece of fish having no dimension greater than three inches."

SECTION     2.     Section 50-5-1705(D) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(D)     It is unlawful for a person to take or have in possession more than five two red drum in any one day."

SECTION     3.     Section 50-5-1710(3) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(3)     red drum (Sciaenops ocellatus) (channel bass or spottail bass) of less than fourteen fifteen inches in total length, or more than twenty-seven twenty-four inches in total length; or"

SECTION     4.     This act takes effect upon approval by the Governor. /

Amend title to read.

/ TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS"; TO AMEND SECTION 50-5-1705, RELATING TO RED DRUM CATCH LIMITS, SO AS TO CHANGE THE RED DRUM CATCH LIMIT FROM FIVE TO TWO RED DRUM PER DAY; AND TO AMEND SECTION 50-5-1710, RELATING TO RED DRUM SIZE LIMITS, SO AS TO CHANGE THE RED DRUM SIZE LIMITS FROM NOT LESS THAN FOURTEEN INCHES OR MORE THAN TWENTY-SEVEN INCHES TO NOT LESS THAN FIFTEEN INCHES OR MORE THAN TWENTY-FOUR INCHES. /

Chauncey K. Gregory               Guy Ralph Davenport, Jr.
Arthur Ravenel, Jr.               Harry Legare Ott, Jr.
Luke A. Rankin, Sr.               Wallace Berry Scarborough
On Part of the Senate.            On Part of the House.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., August 27, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

H. 3599 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS".

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., August 27, 2001

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:15 p.m. today for the purpose of Ratifying Acts.

Very respectfully,

President

On motion of Rep. HARRISON the invitation was accepted.

HOUSE RESOLUTION

The following was introduced:

H. 4338 (Word version) -- Reps. Carnell, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, 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, 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, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO HONOR AND COMMEND ROBBIE ELAINE WATT SMITH OF THE TOWN OF WARE SHOALS FOR HER TWENTY-SIX YEARS OF DEDICATED AND DEVOTED SERVICE TO THE TOWN OF WARE SHOALS CULMINATING IN HER POSITION AS THE CLERK/TREASURER FOR THE LAST TWELVE YEARS, AND TO WISH HER MANY YEARS OF PRODUCTIVE AND ENJOYABLE RETIREMENT WHICH SHE SO RICHLY DESERVES.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4339 (Word version) -- Reps. Scott, 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, 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, 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, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND HELEN CORBIN SIMS OF RICHLAND COUNTY FOR HER DEDICATION AND HARD WORK UPON HER RETIREMENT AS SUPERVISOR OF CUSTODIAL SERVICES FOR THE BLATT BUILDING AND TO WISH HER THE VERY BEST IN THE ACTIVE LIFE SHE WILL LEAD IN HER RETIREMENT.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4340 (Word version) -- Reps. Scott, 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, 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, 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, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO CONGRATULATE MR. WESTON FURGESS, JR., OF RICHLAND COUNTY UPON HIS RETIREMENT AS AN ACCOUNTANT WITH THE DEPARTMENT OF AGRICULTURE AND WISH HIM CONTINUED SUCCESS AS HE FULFILLS HIS DUTIES AS CHAIRMAN OF THE BOARD OF DIRECTORS OF THE LEXINGTON-RICHLAND ALCOHOL DRUG ABUSE COUNCIL.

The Resolution was adopted.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 4341 (Word version) -- Rep. J. Brown: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE CITY OF COLUMBIA UNITED STATES YOUTH GAMES TEAM, AND THEIR ADVISORS AT A TIME AND ON A DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR CAPTURING THREE GOLD MEDALS, THREE SILVER MEDALS, AND THREE BRONZE MEDALS DURING THE 2001 INTERNATIONAL YOUTH GAMES HELD IN BIRMINGHAM, ALABAMA.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the members of the City of Columbia United States Youth Games Team, and their advisors on Wednesday, September 19, 2001, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for capturing three gold medals, three silver medals, and three bronze medals during the 2001 International Youth Games held in Birmingham, Alabama.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4342 (Word version) -- Reps. Harrison, Wilkins and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-35 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 2002 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO REPEAL SECTION 2-1-25 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED; AND TO ADOPT THE UNITED STATES CENSUS OF 2000 AS THE TRUE AND CORRECT ENUMERATION OF THE STATE'S INHABITANTS.
Referred to Committee on Judiciary

H. 4343 (Word version) -- Reps. Harrison, Wilkins and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-19-45 SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF CONGRESSIONAL DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 2000 AND TO JOINTLY DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS THE OFFICIAL SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE CONGRESSIONAL REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.
Referred to Committee on Judiciary

H. 4344 (Word version) -- Reps. Harrison, Wilkins and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-75 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION AND THE PRIMARIES THEREFOR, AND TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE OFFICIAL SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.
Referred to Committee on Judiciary

H. 4350 (Word version) -- Reps. Loftis, Koon, Knotts, Littlejohn, Altman, Barfield, Dantzler, Davenport, Edge, Fleming, Frye, Hamilton, Keegan, Kelley, Kirsh, Leach, Merrill, Perry, Quinn, Rice, Robinson, Scarborough, Sharpe, Simrill, F. N. Smith, J. R. Smith, W. D. Smith, Stille, Taylor, Tripp, Vaughn and Witherspoon: A BILL TO AMEND SECTIONS 11-27-30, 11-27-40, AND 11-27-50, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION ON BONDS OF THE STATE, POLITICAL SUBDIVISIONS OF THE STATE, AND SCHOOL DISTRICTS, RESPECTIVELY, SO AS TO DEEM A COMPLETE OR PARTIAL SUCCESSOR-IN-INTEREST TO, OR OTHER TRANSFEREE OF, OR OTHER ASSOCIATE OF THE STATE, A POLITICAL SUBDIVISION, OR A SCHOOL DISTRICT TO BE THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT FOR BONDING PURPOSES WHEN THE SUCCESSOR, TRANSFEREE, OR ASSOCIATE UNDERTAKES ALL OR A PORTION OF THE OPERATION OR ASSUMES ALL OR A PORTION OF A DUTY OF THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT.
Referred to Committee on Judiciary

H. 4351 (Word version) -- Rep. Fleming: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE UNION COUNTY SCHOOL DISTRICT ARE ELECTED.
On motion of Rep. FLEMING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 773 (Word version) -- 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.
Without Reference

S. 783 (Word version) -- Senators Grooms, Matthews and Pinckney: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT TO SET BY MAJORITY VOTE A SALARY THAT EACH MEMBER OF THE BOARD SHALL RECEIVE FOR ATTENDING MEETINGS OF THE BOARD, AND TO PROVIDE FOR THE MANNER IN WHICH THESE AMOUNTS SHALL BE PAID AND FOR LIMITATIONS THEREON.
Referred to Colleton Delegation

HOUSE RESOLUTION

The following was introduced:

H. 4345 (Word version) -- Reps. Townsend, Cooper, Martin, Stille, Thompson and White: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND DR. WALTER A. MCPHAIL OF MAULDIN, WHO OWNS AND OPERATES A TREE FARM IN BELTON, SOUTH CAROLINA, UPON BEING NAMED SOUTH CAROLINA TREE FARMER OF THE YEAR FOR 2001.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 778 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. ERNESTINE JORDAN STEWART, A NATIVE OF CHARLOTTE, NORTH CAROLINA, NOW RESIDING IN COLUMBIA, ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY ON AUGUST 27, 2001.

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. 779 (Word version) -- Senators Wilson, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW AND EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THE PALMETTO STATE'S MOST PROMINENT AND RESPECTED LEADERS, THE HONORABLE FLOYD D. SPENCE, LONGTIME AND BELOVED UNITED STATES CONGRESSMAN FROM THE SOUTH CAROLINA SECOND CONGRESSIONAL DISTRICT, AND A FORMER MEMBER OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4346 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME S-39-320 IN PICKENS COUNTY, WHICH IS DESIGNATED AS "PERIMETER ROAD", "SILAS N. PEARMAN BOULEVARD", TO RECOGNIZE THE ACCOMPLISHMENTS OF THE LATE MR. SILAS N. PEARMAN, FORMER CHIEF HIGHWAY COMMISSIONER FOR THE STATE OF SOUTH CAROLINA, AND DISTINGUISHED GRADUATE OF CLEMSON UNIVERSITY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 4347 (Word version) -- Reps. J. Young, G. M. Smith, Weeks, G. Brown, Harvin, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, 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, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A. Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF MARVIN K. BALLARD, JR., M.D. OF SUMTER, AND EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4348 (Word version) -- Rep. Rodgers: A HOUSE RESOLUTION HONORING THE MEMORY OF LAWYER AND PUBLIC SERVANT GRAFTON GEDDES "G.G." DOWLING OF BEAUFORT COUNTY, WHO DIED AUGUST 13, 2001, AND EXTENDING TO HIS FAMILY AND FRIENDS THE CONDOLENCES OF HIS FELLOW MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 4349 (Word version) -- Reps. Knotts, Bingham, Quinn and Whatley: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF SEPTEMBER AS "PROSTATE CANCER AWARENESS MONTH" AND CALL ON THE PEOPLE OF THE STATE, INTERESTED GROUPS, AND AFFECTED PERSONS TO PROMOTE AWARENESS OF PROSTATE CANCER, TAKE AN ACTIVE ROLE IN THE FIGHT TO END THE DEVASTATING EFFECTS OF PROSTATE CANCER ON INDIVIDUALS, THEIR FAMILIES, AND THE ECONOMY, AND OBSERVE THE MONTH OF SEPTEMBER WITH APPROPRIATE EDUCATIONAL ACTIVITIES.

Whereas, over one million American families live with prostate cancer; and

Whereas, one American man in six will be diagnosed with prostate cancer in his lifetime; and

Whereas, prostate cancer is the most commonly diagnosed nonskin cancer and the second most common cancer killer of American men; and

Whereas, nearly two hundred thousand American men will be diagnosed with prostate cancer and over thirty-one thousand American men will die of prostate cancer in 2001, according to American Cancer Society estimates. In South Carolina an estimated two thousand eight hundred men will be diagnosed with prostate cancer in 2001 and an estimated four hundred ninety-five men will die from this cancer in 2001; and

Whereas, according to the most recent national statistics, South Carolina ranks second among the fifty states in prostate cancer mortality; and

Whereas, in South Carolina prostate cancer was the most common new cancer diagnosed among South Carolina men in 1996, 1997, and 1998. Prostate cancer is the second leading cause of cancer deaths among South Carolina men following lung cancer deaths; and

Whereas, fully one-fourth of new cases of prostate cancer occur in men during their prime working years; and

Whereas, African Americans have higher prostate cancer incidence and mortality rates than Caucasian men; and

Whereas, screening by both digit rectal examination and prostate specific antigen blood test (PSA) can diagnose the disease in earlier and more treatable stages and have reduced prostate cancer mortality; and

Whereas, the research pipeline promises further improvements in prostate cancer prevention, early detection, and treatment; and

Whereas, educating South Carolinians, including health care providers, about prostate cancer and early detection strategies is crucial to saving men's lives and preserving and protecting our families. Now, therefore,

Be it resolved that the General Assembly of the State of South Carolina designates the month of September as "Prostate Cancer Awareness Month" and calls upon the people of the State, interested groups, and affected persons to promote awareness of prostate cancer, to take an active role in the fight to end the devastating effects of prostate cancer on individuals, the families, and the economy, and to observe the month of September with appropriate educational activities.

Be it further resolved that a copy of this resolution be forwarded to the Governor, the Department of Health and Environmental Control, the American Cancer Society, South Carolina Division, and the State Chapter of US TOO, a prostate cancer support group.

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

ROLL CALL

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

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Hamilton
Harrell                Harrison               Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers
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                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
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 Monday, August 27.

Karl Allen                        Leon Howard
Bill Cotty                        Jerry Govan
Becky Martin                      Todd Rutherford
Alex Harvin III
Total Present--122

CO-SPONSOR 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. 4337 (Word version)
Date:     ADD:
08/27/01     EASTERDAY

H. 3003--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3003 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Harrison, Harrell, Cato, Townsend, Sharpe, A. Young, Campsen, Sandifer, Altman, Wilder, Stille, Clyburn, J. Young, Simrill, Walker and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-35 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 2002 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-25, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill 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.

RECORD FOR VOTING

I am voting to nonconcur in the Senate Amendments to House Bill 3003 for the same reasons I previously voted against the Bill. Among other problems, this Bill unnecessarily fragments Kershaw County thereby diluting Kershaw County voters' influence.

Rep. Vincent A. Sheheen

RECORD FOR VOTING

We the undersigned members of the Georgetown County Delegation vote to nonconcur on H. 3003:

The merchants of the city of Georgetown, the majority of the members of City Council, and the majority of County Council members are all opposed to splitting the city of Georgetown, as the plan does.

Rep. Vida O. Miller

Rep. John J. Snow, Jr.

HOUSE TO MEET AT 12:00 NOON
TUESDAY, SEPTEMBER 4

Rep. HARRISON moved that when the House adjourns it adjourn to meet at 12:00 noon, Tuesday, September 4, which was agreed to.

MOTION ADOPTED

Rep. HARRISON moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

RATIFICATION OF ACTS

At 2:15 p.m. the House attended in the Senate Chamber, where the following Acts were duly ratified:

(R164, S. 769 (Word version)) -- Senators Martin and Alexander: AN ACT TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.

(R165, H. 3003 (Word version)) -- Reps. Wilkins, W.D. Smith, J. Brown, Harrison, Harrell, Cato, Townsend, Sharpe, Wilder, Altman, Walker, Simrill, Campsen, J. Young, Sandifer, A. Young, Stille, Clyburn and Cotty: AN ACT TO ADOPT THE UNITED STATES CENSUS OF 2000 AS THE TRUE AND CORRECT ENUMERATION OF THE STATE'S INHABITANTS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-35 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 2002 GENERAL ELECTION; TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO REPEAL SECTION 2-1-25, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED; TO ADD SECTION 2-1-75 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION AND THE PRIMARIES THEREFOR; TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE OFFICIAL SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO ADD SECTION 7-19-45 SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF CONGRESSIONAL DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 2000, AND TO PROVIDE THAT MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES SHALL BE ELECTED FROM THESE DISTRICTS EFFECTIVE WITH THE 2002 GENERAL ELECTION AND THE PRIMARIES THEREFOR; AND TO JOINTLY DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS THE OFFICIAL SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE CONGRESSIONAL REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.

(R166, H. 3599 (Word version)) -- Reps. Rodgers and Gilham: AN ACT TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS"; TO AMEND SECTION 50-5-1705, RELATING TO RED DRUM CATCH LIMITS, SO AS TO CHANGE THE RED DRUM CATCH LIMIT FROM FIVE TO TWO RED DRUM PER DAY; AND TO AMEND SECTION 50-5-1710, RELATING TO RED DRUM SIZE LIMITS, SO AS TO CHANGE THE RED DRUM SIZE LIMITS FROM NOT LESS THAN FOURTEEN INCHES OR MORE THAN TWENTY-SEVEN INCHES TO NOT LESS THAN FIFTEEN INCHES OR MORE THAN TWENTY-FOUR INCHES.

ADJOURNMENT

At 2:25 p.m. the House, in accordance with the motion of Rep. KNOTTS, adjourned in memory of Congressman Floyd Davidson Spence, to meet at 12:00 noon, Tuesday, September 4.

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