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


Printed Page 413 . . . . . Wednesday, January 23, 2002

Wednesday, January 23, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. ROBINSON as follows:

O Lord, our God, we thank You for this good Country and for Your providential care of our Nation from generation to generation. We are grateful for our freedoms. We thank You for things that endure all change: beauty, goodness, truth. Sharpen our minds, quicken our energies in tasks great and small that we may help shape the future in the pattern of Your will. Make wise our thoughts, and guide our actions. And may we find our supreme joy in work well done, our chief reward in the doing of Your will. Hear our prayers, spoken or silent, and answer them according to Your plans and purposes. 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. WALKER moved that when the House adjourns, it adjourn in memory of Reverend Otis W. Brady, Jr. of Landrum, which was agreed to.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2623
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-32-10
Standards for Permitting Body Piercing
Received by Speaker of the House of Representatives
June 21, 2001
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 7, 2002
20020122   Withdrawn and Resubmitted


Printed Page 414 . . . . . Wednesday, January 23, 2002

REPORT OF STANDING COMMITTEE

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

S. 610 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 25-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND OF SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF BOARD MEMBERS FROM ELEVEN TO NINETEEN, TO REQUIRE AT LEAST ELEVEN MEMBERS, RATHER THAN ALL OF THE MEMBERS, TO BE HONORABLY DISCHARGED VETERANS, AND TO DELETE THE PROVISION RESTRICTING MEMBERS FROM SERVING MORE THAN EIGHT CONTINUOUS YEARS ON THE BOARD.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4558 (Word version) -- Reps. Chellis, Barrett, Battle, Coleman, Delleney, Harrison, Klauber and Rivers: A HOUSE RESOLUTION TO COMMEND THE CITADEL "BULLDOGS" BASEBALL TEAM FOR ITS MAGNIFICENT SEASON AND TO CONGRATULATE THE "BULLDOGS" ON WINNING THE 2001 SOUTHERN CONFERENCE BASEBALL TOURNAMENT CHAMPIONSHIP.

Whereas, rated 27th by Collegiate Baseball in its preseason poll and having been ranked as high as 18th nationally during the 2001 season, including a span of three weeks in the Top-25, The Citadel's 2001 "Bulldogs" Baseball Team defeated the University of North Carolina Greensboro 5-3 in the championship game played Saturday, May 19, 2001, to win the Southern Conference Baseball Tournament Championship in Joseph P. Riley, Jr. Park, Charleston, South Carolina; and

Whereas, three members of The Citadel's tournament championship team were named to the 2001 Southern Conference Baseball All-Tournament Team: pitcher, Randy Corn, third baseman, Dallas McPherson, and outfielder, Brook Dantzler. The Southern Conference Pitcher-of-the-Year is Eric Talbert, a left-handed Hartsville native, who


Printed Page 415 . . . . . Wednesday, January 23, 2002

has compiled an 8-2 win-loss record with a 1.84 earned run average that ranks him 11th nationally; and

Whereas, noted for pitching its way into the National Collegiate Athletic Association Regionals, the 2001 "Bulldogs" are led offensively by Southern Conference Player-of-the-Year first baseman, Philip Hartig, and third baseman, Dallas McPherson, both All-America candidates. On the mound, The Citadel boasts the Southern Conference's lowest earned run average and is led by four quality starters: Eric Talbert, Paul Williams, T.A. Fulmer, and T.W. Mincey. The relief corps is led by junior set-up man Matt Hamer and Southern Conference Tournament Most Outstanding Player, Randy Corn. Corn, an All-American candidate from Columbia, currently ranks second nationally with 14.14 strikeouts per nine innings; and

Whereas, overcoming all trials and tribulations, the 2001 team is recognized as having grown together and as being one of the most talented groups fielded by The Citadel in recent years; and

Whereas, coached by Fred Jordan, The Citadel, Class of 1979, and assistant coaches Chris Lemonis, and Gregg Mucerino, volunteer assistant coach, Chris Gibson, and strength coach, Todd Lair, the 2001 Citadel "Bulldogs" Baseball Team also includes: David Griffin, Orlando Garcia, Matt Dean, Andy Phillips, Dusty Stepp, Jonathan Ellis, John Pollock, Hudson Belk, Hal Chafey, Stuart Jordan, Daryl Byrd, Michael Mainor, Chip Cannon, Mandy Fernandez, Jason Randall, Raymond Jenkins, Chris Eckert, Ryan Benton, Jarret Jernigan, and Bo Southard; and

Whereas, the Southern Conference Championship win placed the "Bulldogs" back in the National Collegiate Athletic Association Regional playoffs for the third time in four years. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, commend The Citadel "Bulldogs" Baseball Team, for its magnificent season and congratulate the "Bulldogs" on winning the 2001 Southern Conference Baseball Tournament and the Southern Conference Baseball Championship.


Printed Page 416 . . . . . Wednesday, January 23, 2002

Be it further resolved that a copy of this resolution be presented to The Citadel "Bulldogs" 2001 Southern Conference Championship Baseball Team of Charleston.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4559 (Word version) -- Rep. Coates: A CONCURRENT RESOLUTION SALUTING AND THANKING CHIEF WARRANT OFFICER W4 (RETIRED) JOHN E. FLOYD OF FLORENCE COUNTY FOR HIS OUTSTANDING CAREER OF SERVICE TO HIS STATE AND NATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4560 (Word version) -- Rep. Fleming: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE PHILIP ARNOLD OF UNION FOR HIS SELFLESS INVOLVEMENT IN HIS COMMUNITY, TO RECOGNIZE HIM FOR HIS DEDICATION TO THE MEMBERS OF CUB SCOUT PACK 42, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4561 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING AND SALUTING THE BULLDOGS FOOTBALL TEAM OF SILVER BLUFF HIGH SCHOOL OF


Printed Page 417 . . . . . Wednesday, January 23, 2002

AIKEN COUNTY ON WINNING ITS SECOND CONSECUTIVE CLASS AA STATE CHAMPIONSHIP ON DECEMBER 1, 2001.

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

INTRODUCTION OF BILLS

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

H. 4562 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CRAB POTS, SO AS TO DELETE LANGUAGE PERMITTING THE USE OF CRAB POTS FOR COMMERCIAL PURPOSES BETWEEN MAY FIRST AND OCTOBER FIRST WITHIN PAWLEY'S ISLAND CREEK AND MIDWAY CREEK ON PAWLEY'S ISLAND AND TO FURTHER PROVIDE THAT IT IS UNLAWFUL TO SET OR USE CRAB POTS IN THE ATLANTIC OCEAN WITHIN ONE HUNDRED FIFTY FEET OF THE MEAN LOW TIDE WATERMARK ON PAWLEY'S ISLAND.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4563 (Word version) -- Reps. Freeman, Lucas, Neilson and Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Referred to Chesterfield Delegation

H. 4564 (Word version) -- Reps. White, Trotter, Robinson and Townsend: A BILL TO AMEND SECTION 6-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF LOCAL GOVERNING BODIES TO IMPOSE A SERVICE OR USER FEE, SO AS TO PROVIDE THAT AFTER 2000, NO SERVICE OR USER


Printed Page 418 . . . . . Wednesday, January 23, 2002

FEE MAY BE IMPOSED BY A LOCAL GOVERNING BODY ON MOTOR VEHICLES
On motion of Rep. WHITE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4567 (Word version) -- Reps. Taylor, Carnell and Wilder: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAMES OF CERTAIN PRECINCTS AND REDESIGNATE THE MAP REFERENCE OF THE MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
On motion of Rep. TAYLOR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 721 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE


Printed Page 419 . . . . . Wednesday, January 23, 2002

ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 4565 (Word version) -- Reps. Stille and Townsend: A HOUSE RESOLUTION TO COMMEND THE CRESCENT HIGH SCHOOL "LADY TIGERS" SOFTBALL TEAM ON ITS TREMENDOUS SEASON OF SPIRITED COMPETITION AND TO CONGRATULATE THE PLAYERS AND COACHES ON WINNING THE 2001 CLASS AA STATE CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4566 (Word version) -- Reps. Stille and Townsend: A HOUSE RESOLUTION TO GRANT THE MEMBERS AND COACHES OF THE CRESCENT HIGH SCHOOL "LADY TIGERS" SOFTBALL TEAM THE PRIVILEGE OF THE FLOOR ON THURSDAY, JANUARY 31, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF PRESENTATION OF A RESOLUTION.

Be it resolved by the House of Representatives:

That the members and coaches of the Crescent High School "Lady Tigers" softball team are granted the privilege of the floor on Thursday, January 31, 2002, at a time to be determined by the Speaker for the purpose of presentation of a resolution.

The Resolution was adopted.


Printed Page 420 . . . . . Wednesday, January 23, 2002

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 909 (Word version) -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING SINCERE SORROW AT THE DEATH OF WILBUR C. EPPS, SR., OF CLARENDON COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

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.              Campsen                Carnell
Cato                   Chellis                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Delleney               Edge
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Hamilton               Harrell                Harrison
Hayes                  Hines, J.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McLeod
Meacham-Richardson     Miller                 Neal, J.M.
Neilson                Ott                    Owens
Parks                  Perry                  Quinn
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers
Sandifer               Scarborough            Sharpe
Sinclair               Smith, D.C.            Smith, F.N.
Smith, J.E.            Smith, J.R.            Smith, W.D.

Printed Page 421 . . . . . Wednesday, January 23, 2002

Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 23.

William Clyburn                   Joe Brown
Mack Hines                        Daniel Tripp
Ralph Davenport                   Bessie Moody-Lawrence
Harry Askins                      Olin Phillips
John Scott                        Vincent Sheheen
Karl Allen                        Jerry Govan
Bill Cotty                        James McGee
Gary Simrill                      Todd Rutherford
Joseph Neal                       Michael Easterday

Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARVIN a temporary leave of absence.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MERRILL a leave of absence for the day due to family illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Roger A. Gaddy of Winnsboro is the Doctor of the Day for the General Assembly.

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


Printed Page 422 . . . . . Wednesday, January 23, 2002

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. 4400 (Word version)
Date:   ADD:
01/23/02   BINGHAM

CO-SPONSOR ADDED

Bill Number:   H. 3145 (Word version)
Date:   ADD:
01/23/02   J. E. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   THOMPSON

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   SIMRILL


Printed Page 423 . . . . . Wednesday, January 23, 2002

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   RISER

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   COATES

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   MCGEE

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   LITTLEJOHN

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   WEBB

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   RODGERS

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   ALTMAN


Printed Page 424 . . . . . Wednesday, January 23, 2002

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   ROBINSON

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   CAMPSEN

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   G. M. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   WITHERSPOON

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   FLEMING

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   FRYE

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   STILLE

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   TROTTER


Printed Page 425 . . . . . Wednesday, January 23, 2002

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   HUGGINS

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   CARNELL

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   HOSEY

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   RICE

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   WALKER

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   ALLISON

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   SINCLAIR

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   CATO


Printed Page 426 . . . . . Wednesday, January 23, 2002

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   TOWNSEND

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   LAW

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   DANTZLER

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   DAVENPORT

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/23/02   EDGE

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 4525 (Word version) -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON


Printed Page 427 . . . . . Wednesday, January 23, 2002

COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

H. 4526 (Word version) -- Rep. Harvin: A BILL TO AMEND ACT 593 OF 1986 RELATING TO THE ELECTION AND APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 IN CLARENDON COUNTY, SO AS TO INCREASE THE APPOINTED MEMBERS OF THE BOARD FROM TWO TO FOUR AND TO ESTABLISH TWO-YEAR TERMS FOR ALL MEMBERS APPOINTED AFTER 2001.

H. 4510 (Word version) -- Reps. Stille, Simrill, Sharpe, Moody-Lawrence, Phillips, Allison, Barfield, Barrett, Bowers, Rice, Davenport, Knotts, Clyburn, Easterday, Emory, Freeman, Gourdine, Hayes, Hinson, Hosey, Keegan, Littlejohn, Lloyd, Martin, McCraw, Merrill, J. M. Neal, Neilson, Parks, Riser, Sandifer, Sinclair, J. E. Smith, J. R. Smith, Taylor, Thompson, Trotter, Walker, White and Witherspoon: A BILL TO AMEND SECTION 43-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF THE BLIND AND DISABLED PERSONS TO USE PUBLIC FACILITIES AND ACCOMMODATIONS, SO AS TO PROVIDE THAT ANY TRAINER OF A GUIDE DOG, WHILE TRAINING A GUIDE DOG, HAS THE SAME RIGHTS AND PRIVILEGES WITH RESPECT TO ACCESS TO PUBLIC FACILITIES AND ACCOMMODATIONS AS BLIND AND DISABLED PERSONS.

H. 4517--COMMITTED

The following Bill was taken up:

H. 4517 (Word version) -- Reps. Sharpe and Wilkins: A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE


Printed Page 428 . . . . . Wednesday, January 23, 2002

DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.

Rep. VAUGHN moved to commit the Bill to the Committee on Ways and Means, which was agreed to.

H. 4546--POINT OF ORDER

The following Bill was taken up:

H. 4546 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS FOR SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE OPENING DATE FOR THE SEASON FOR TAKING SHAD IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM FEBRUARY FIFTEENTH TO FEBRUARY FIRST.

POINT OF ORDER

Rep. OTT made the Point of Order that the Bill was improperly before the House for consideration since its number 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.

ORDERED TO THIRD READING

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

H. 4552 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2002.


Printed Page 429 . . . . . Wednesday, January 23, 2002

H. 4553 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 15A, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2002.

H. 4475 (Word version) -- Reps. Harrison, Lucas, Allison, Jennings, Lourie, Rodgers, J. E. Smith and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-210 SO AS TO REQUIRE ALL STATE BOARDS AND COMMISSIONS TO PROVIDE PROMPT WRITTEN NOTIFICATION OF ALL MEMBERSHIP CHANGES TO THE SECRETARY OF STATE AND TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN FOR PUBLIC INSPECTION A RECORD OF THE CURRENT MEMBERSHIP OF EVERY STATE BOARD AND COMMISSION.

Rep. HARRISON explained the Bill.

H. 4554--RECOMMITTED

The following Joint Resolution was taken up:

H. 4554 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA NATIONAL GUARD STUDENT LOAN REPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2678, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND moved to recommit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.

H. 3884--RECALLED AND REFERRED TO COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Education and Public Works:

H. 3884 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 59-63-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,


Printed Page 430 . . . . . Wednesday, January 23, 2002

1976, RELATING TO GROUNDS FOR BARRING FIRST-TIME ENROLLMENT OF A STUDENT, SO AS TO REVISE THE GROUNDS UPON WHICH A STUDENT MAY BE BARRED FROM ENROLLING BY PROVIDING THAT A STUDENT MAY BE BARRED FOR COMMISSION OF A CLASS A, B, C, OR D FELONY OR ACTIVITIES WHICH CONSTITUTE SUCH FELONY RATHER THAN FOR A VIOLENT CRIME OR OTHER SPECIFIED CRIMES, TO AUTHORIZE SENDING SUCH STUDENT TO AN ALTERNATIVE SCHOOL, TO DELETE THE PROVISION THAT THE BAR APPLIES FOR A MAXIMUM OF ONE YEAR, AND TO PROVIDE THAT THE BAR MAY BE EXTENDED.

S. 865--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 865 (Word version) -- Senators J. V. Smith, Verdin, Fair, Anderson and Thomas: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE WOMEN'S CORRECTIONAL INSTITUTION THE "CAMILLE GRIFFIN GRAHAM CORRECTIONAL INSTITUTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

Whereas, in 1977, Camille Griffin Graham served as the first female warden of a male maximum security facility in Columbia, South Carolina, the Central Correctional Institution (CCI). Under her direction as Warden, escapes, stabbings, and assaults were reduced and security was heightened in the now historically significant prison; and

Whereas, she graduated from Meredith College in Raleigh, North Carolina, with a bachelor's degree in English, and continued her education at the University of South Carolina receiving a master's degree in counseling psychology and post-masters study as a Ph.D. candidate in counselor education with emphasis in criminal justice; and

Whereas, Camille Griffin Graham began her illustrious thirty-year career in corrections as a group and individual counselor in both juvenile and adult correctional systems and served with distinction as a supervisor, deputy director, and warden. She established the first successful coeducational group counseling program in South Carolina; developed special programs and treatment for violent and special needs youth; directed and supervised the operation of the Central


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Correctional Institution (CCI) in a manner resulting in widespread recognition and acclaim; and

Whereas, Camille Griffin Graham has published The Corrections Yearbook for twenty years and has prolifically authored other publications which provide the blueprint for sound correctional practice nationwide in many areas, including prison riots, management of correctional staff, management of crowded prisons, prison gang violence, correctional contracting and privatization, and women in corrections; and

Whereas, she distinguished herself as a national consultant and member of an extraordinary number of correctional associations, institutes, and academies. Her knowledge of correctional systems and practice has resulted in court appearances as an expert witness. She received the Distinguished Service Award from the American Association of Correctional Officers in 1981. She currently provides direction to correctional systems through research, technical assistance, analysis, and planning as Principal, Criminal Justice Institute, Inc. and Managing Partner, Criminal Justice Solutions, LLC; and

Whereas, for sixteen years she has served as the Executive Director of the Association of State Correctional Administrators and in that capacity provides support, training, professional growth, and a monthly newsletter for the leaders of the country's state departments of corrections; and

Whereas, Camille Griffin Graham is an esteemed professional whose contributions to correctional practice continue to benefit corrections professionals and those in their charge. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, request the South Carolina Department of Corrections to name the Women's Correctional Institution the "Camille Griffin Graham Correctional Institution" and to erect appropriate markers or signs to that effect.


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Be it further resolved that a copy of this resolution be forwarded to Camille Griffin Graham and the Director of the South Carolina Department of Corrections.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4528--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4528 (Word version) -- Reps. Lee, Allison, Davenport, Littlejohn, Sinclair, W. D. Smith, Talley and Walker: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE WILLIAMS STREET BRIDGE IN SPARTANBURG IN HONOR OF MAYOR JAMES E. TALLEY, AND INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THE WORDS "JAMES E. TALLEY BRIDGE" TO RECOGNIZE HIS NUMEROUS AND OUTSTANDING ACCOMPLISHMENTS AS MAYOR OF SPARTANBURG.

Whereas, James E. Talley graduated from Carver High School in 1959 and Livingstone College in Salisbury, North Carolina, in 1963, with a Bachelor of Science degree in Mathematics and Science. He has furthered his education at the University of South Carolina, Converse College, and South Carolina State University. Mayor Talley also honorably served four years in the United States Navy; and

Whereas, Mayor Talley was a teacher and coach within the Spartanburg District Seven School System for twenty-seven years before he retired. He coached football, baseball, and swimming at Spartanburg High School and was an assistant football coach at Wofford College from 1981 to 1994; and

Whereas, James E. Talley has been the Mayor of Spartanburg since May 10, 1993, when he took over after the previous mayor resigned. He was first formally elected by an overwhelming seventy-five percent of the vote in the November 1993 election; and

Whereas, Mayor Talley has been involved actively in many organizations, some of which include the South Carolina Municipal Association, Spartanburg Development Corporation, Uptown Optimist Club, Special Olympics, Converse College Advisory Board, Mary


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Black Hospital Board of Trustees, Omega Psi Phi Fraternity, Commission on Minority Affairs for South Carolina, and the Board of the Appalachian Council of Governments; and

Whereas, Mayor Talley has received many awards including the Wofford College Algernon Sydney Sullivan Award, Wofford College National Alumni Distinguished Citizen Award, "Toast of the Town" from the Salvation Army, the Spartanburg Area Chamber of Commerce Neville Holcombe Citizen of the Year award, and the Kiwanis Club Citizen of the Year award; and

Whereas, Mayor Talley has two children, Diedre and Carlton, and two grandchildren, Tianna and Brandon, to whom he is devoted; and

Whereas, the members of the General Assembly, by this resolution, request that the Department of Transportation name the Williams Street Bridge in honor of an enthusiastic and dedicated Mayor, James E. Talley, of Spartanburg. Now, therefore,

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

That the members of the General Assembly, request that the Department of Transportation name the Williams Street Bridge in Spartanburg in honor of Mayor James E. Talley, and install appropriate markers or signs containing the words "James E. Talley Bridge" to recognize his numerous and outstanding accomplishments as Mayor of Spartanburg.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. WITHERSPOON moved that the House recur to the Morning Hour, which was agreed to.


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INTRODUCTION OF BILLS

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

H. 4568 (Word version) -- Reps. Witherspoon, Loftis, Barfield and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-95 SO AS TO PROVIDE THAT A BOAT RAMP APPLICATION NOT ACTED UPON WITHIN NINETY DAYS OF BEING FILED IS DEEMED APPROVED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4569 (Word version) -- Reps. Altman and Whatley: A BILL TO PROVIDE THAT THE PALMETTO ACHIEVEMENT CHALLENGE TEST (PACT) SHALL BE ADMINISTERED ANNUALLY IN THE SCHOOL DISTRICT OF CHARLESTON COUNTY, ON THE DAY FOLLOWING COMPLETION OF THE DISTRICT'S ONE HUNDRED SIXTIETH DAY OF STUDENT INSTRUCTION WITH THE MAKE-UP TEST TO BE TWO WEEKS LATER, TO PROVIDE FOR ALTERNATIVE DATES UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2002-2003, THE ANNUAL SCHOOL TERM FOR THE SCHOOLS IN THE CHARLESTON COUNTY SCHOOL DISTRICT SHALL BEGIN ON THE DAY AFTER LABOR DAY.
Referred to Committee on Education and Public Works

H. 4570 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTIONS 12-51-40 AND 12-51-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCED COLLECTION OF PROPERTY TAXES AND TAX SALES, SO AS TO REQUIRE THE TAX SALE ADVERTISEMENT TO REFER TO THE TERMS OF THE SALE AND THE APPLICABLE PENALTIES FOR A DEFAULTING BIDDER AND TO AUTHORIZE PAYMENT OF DELINQUENT TAXES AT ANY TIME BEFORE BIDDING IS CLOSED ON A PARCEL AND REQUIRE THE PERSON CONDUCTING THE SALE TO GIVE NOTICE OF THIS OPPORTUNITY BEFORE THE SALE BEGINS AND REQUIRE THE SOLICITATION OF PAYMENT FROM THE DELINQUENT TAXPAYER OR HIS REPRESENTATIVE BEFORE THE SALE ENDS.
Referred to Committee on Ways and Means


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H. 4571 (Word version) -- Reps. Moody-Lawrence, Sharpe, R. Brown, Kirsh, Meacham-Richardson, Harvin, Weeks, G. Brown, Freeman, Frye, Gilham, Harrell, McCraw, Neilson, Perry, Riser, Rutherford and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT THE STATE BOARD OF COSMETOLOGY SHALL ISSUE A LIMITED LICENSE TO AN INDIVIDUAL WHOSE LICENSE HAS LAPSED WITHOUT REEXAMINATION IF THE PERSON IS OVER SIXTY YEARS OF AGE, AND HAS PRACTICED FOR MORE THAN THIRTY YEARS AND TO FURTHER PROVIDE THAT THE SCOPE OF PRACTICE IS LIMITED TO THAT WHICH THE PERSON COULD PRACTICE UNDER THE FORMER LICENSE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4572 (Word version) -- Reps. Koon, Harvin and Vaughn: A BILL TO AMEND SECTION 39-22-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE STATE WAREHOUSE SYSTEM AND THE GUARANTY FUND ORIGINATING FROM FEES CHARGED BY THE SYSTEM, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE MAY RETAIN AND EXPEND THE SUM OF ONE HUNDRED THOUSAND DOLLARS ANNUALLY FROM THE FUND FOR ADMINISTRATION OF THE FUND; AND TO AMEND SECTION 46-41-230, AS AMENDED, RELATING TO THE PURPOSE AND ADMINISTRATION OF THE SOUTH CAROLINA GRAIN PRODUCERS FUND, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE MAY RETAIN AND EXPEND THE SUM OF TWO HUNDRED THOUSAND DOLLARS ANNUALLY FROM THE FUND FOR ADMINISTRATION OF THE FUND.
Referred to Committee on Ways and Means

H. 4573 (Word version) -- Reps. Koon, Harvin and Vaughn: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE MAY EXPEND TWO HUNDRED THOUSAND DOLLARS FROM THE SOUTH CAROLINA GRAIN PRODUCERS GUARANTY FUND AND ONE HUNDRED THOUSAND DOLLARS FROM THE WAREHOUSE RECEIPTS GUARANTY


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FUND AS IS NECESSARY FOR THE DEPARTMENT TO ADMINISTER THE FUNDS.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

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

H. 4574 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PLAYERS, COACHES, AND STAFF OF THE SILVER BLUFF HIGH SCHOOL FOOTBALL TEAM ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THEM ON WINNING THE 2001 CLASS AA FOOTBALL STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby extend the privilege of the floor of the South Carolina House of Representatives to the players, coaches, and staff of the Silver Bluff High School Football Team on a date and at a time to be determined by the Speaker for the purpose of recognizing and congratulating them on winning the 2001 Class AA Football State Championship.

The Resolution was adopted.

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

ADJOURNMENT

At 10:45 a.m. the House, in accordance with the motion of Rep. WALKER, adjourned in memory of Reverend Otis W. Brady, Jr. of Landrum, to meet at 10:00 a.m. tomorrow.

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