South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives

Monday, December 9, 2002
(Extra Session)

Indicates Matter Stricken
Indicates New Matter

In accordance with the Proclamation of the Governor, the House assembled at 12:00 noon.

The SPEAKER took the Chair and deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for the day is from Proverb 3:5: "Trust in the Lord with all your heart and do not rely on your own insight."
Let us pray. O Lord our God, we have been called here to make important decisions that will affect our State and her people. Open our hearts and minds to do Your will. May those who take on great duties not just desire to appear great in our eyes, but truly be great by serving others, searching always for policies and plans which will be for the good of all. Make Your presence known in this place. Hear our prayer, O God. 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.

STATE OF SOUTH CAROLINA
EXECUTIVE DEPARTMENT

The following was received:

OFFICE OF THE GOVERNOR

Executive Order No. 2002-34

Whereas, because of the negative impact of the national economy upon our state's economy, the State of South Carolina is facing a $348 million revenue shortfall in the current fiscal year; and

Whereas, to rationally address this serious budget situation, it is imperative to take immediate action to reduce state government expenditures and maximize existing resources in a manner that responsibly prioritizes and protects critical programs such as education and health care; and

Whereas, without legislative action to address the current budget shortfall, the State will have to resort to indiscriminate across-the-board budget cuts, applied blindly to all state agencies without regard to the needs, resources, size, scope, or mission of individual agencies; and

Whereas, across-the-board cuts would reverse the recent progress made in public education and other key areas and seriously jeopardize the ability of some agencies to provide basic services to our State's citizens; and

Whereas, Article IV, Section 19 of the South Carolina Constitution states in pertinent part that: "The Governor may on extraordinary occasions convene the General Assembly in extra session[;]" and

Whereas, being mindful of the duties and responsibilities placed upon me by the Constitution and laws of this State, I have determined that there exists an extraordinary occasion requiring me to convene the General Assembly in extra session prior to the next regular session of the General Assembly.

Now, Therefore, pursuant to the powers conferred upon me by the Constitution and Statutes of the State of South Carolina, and by the power vested in me by Article IV, Section 19 of the Constitution of the State of South Carolina, I hereby call an extra session of the General Assembly of South Carolina to convene at the State House in Columbia on Monday, December 9, 2002, at noon.

GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 26TH DAY OF NOVEMBER, 2002.
/s/ Jim Hodges
Governor

Attest:
James M. Miles
Secretary of State

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Bingham                Bowers                 Branham
Breeland               Brown, G.              Brown, J.
Brown, R.              Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Duncan
Easterday              Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hines, J.
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Owens
Parks                  Perry                  Pinson
Pitts, E.H.            Pitts, M.A.            Quinn
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Scott                  Sheheen                Simrill
Sinclair               Skelton                Smith, D.C.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Monday, December 9.

Olin Phillips                     Bill Cotty
Fletcher Smith                    Todd Rutherford
Denny Neilson                     Alex Harvin

Total Present--121

LEAVE OF ABSENCE

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

INTRODUCTION OF BILLS

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

H. 3173 (Word version) -- Rep. Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-630 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON EACH CIGARETTE SUBJECT TO THE LICENSE TAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.9 CENTS ON EACH CIGARETTE, TO PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF THIS ADDITIONAL TAX, TO ESTABLISH THE MEDICAID MATCH FUND TO RECEIVE THE REVENUE OF THIS TAX AND PROVIDE FOR THE USE OF THIS FUND.
Referred to Committee on Ways and Means

H. 3175 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND ACT 289 OF 2002, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2002-2003, SO AS TO REDUCE AND FURTHER PROVIDE FOR THE MANNER IN WHICH REVENUES AND EXPENDITURES SHALL BE IMPOSED OR EXPENDED FOR THIS FISCAL YEAR.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

The following was introduced:

H. 3174 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE GRATITUDE AND FRIENDSHIP OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MR. HOWARD PIERCE McNAIR, JR., FOR HIS YEARS OF SERVICE TO THE HOUSE OF REPRESENTATIVES, MOST RECENTLY AS EXECUTIVE DIRECTOR OF HOUSE RESEARCH AND PERSONNEL AND LEGAL COUNSEL TO THE SPEAKER OF THE HOUSE, AND TO WISH HIM WELL IN HIS NEW POSITION AS AN ATTORNEY IN THE PRIVATE SECTOR.

Whereas, the members of the House of Representatives note that Mr. Howard Pierce McNair, Jr., served on the staff of the House of Representatives between January 1998 and November 2002; and

Whereas, Pierce came to his career at the House of Representatives after receiving a degree in Business Administration, magna cum laude, from the University of South Carolina Honors College in 1992, and a juris doctor degree from the University of South Carolina School of Law in 1995; and

Whereas, after having practiced law with the firm of McKay, McKay, and Foster, P.A., Pierce began his service to the House in January 1998, when he was appointed as staff counsel to the House Education and Public Works Committee, serving under Committee Chairman, the Honorable Ronald Townsend; and

Whereas, Pierce was appointed Executive Director of Research and Personnel for the House in January 2001, and shortly thereafter accepted the additional appointment as Legal Counsel to the Speaker of the House, the Honorable David Wilkins; and

Whereas, both of these positions carry vital and wide-ranging responsibilities including, but not limited to, providing leadership to the entire House staff, providing support to each House member, and advising the Speaker on legal and parliamentary issues; and

Whereas, the members and staff of the House of Representatives will sorely miss Pierce's skill and resourcefulness, his enthusiasm, vision, and loyalty, and his wonderful sense of humor; and

Whereas, it is appropriate for the members of the House of Representatives to pause in their deliberations so they might express their high regard for this dedicated public servant, Howard Pierce McNair, Jr., as he assumes his responsibilities as an attorney in the private sector. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives express their gratitude and friendship to Mr. Howard Pierce McNair, Jr., for his years of service to the House of Representatives, and especially for his service as Executive Director of House Research and Personnel and Legal Counsel to the Speaker, and wish him well in his new position as an attorney in the private sector.

Be it further resolved that a copy of this resolution be presented to Mr. Howard Pierce McNair, Jr.

The Resolution was adopted.

HOUSE TO MEET AT 2:00 P.M. TOMORROW

Rep. HARRELL moved that when the House adjourns it adjourn to meet at 2:00 p.m. tomorrow, which was agreed to.

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

ADJOURNMENT

At 12:20 p.m. the House in accordance with the motion of Rep. HARRELL adjourned to meet at 2:00 p.m. tomorrow.

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