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

Wednesday, January 15, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for the day is from Psalms 100:5: "For the Lord is good; His steadfast love endures forever and His faithfulness to all generations."

Let us pray. Gracious and sovereign Lord, we pray for Your servants of this State who have been called to serve Your people. Keep them faithful to the solemn office with which You have charged them. Give them counsel and aid that they may preserve the integrity and honor of our State. Give them courage in the moments of danger. Make them leaders who will do Your business. Hear us, 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.

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

MOTION ADOPTED

Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Anna Lyle Ivey of Rock Hill, which was agreed to.

INVITATIONS

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

December 30, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Board of Directors of the South Carolina Arts Alliance the Members of the House of Representatives are invited to a luncheon. This event will be held at the Capital City Club on February 4, 2003, from 1:00 p.m. to 2:30 p.m.
Sincerely,
Betty J. Plumb, Executive Director

February 19, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Funeral Directors Association the Members of the House of Representatives are invited to a reception. This event will be held at Capitol City Club on Tuesday, February 4, 2003, from 6:00 p.m. to 8:00 p.m.
Sincerely,
Ron Scott

September 4, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Palmetto Conservation Foundation the Members of the House of Representatives are invited to a breakfast. This event will be held at the Summit Club on Wednesday, February 5, 2003, at 8:00 a.m.
Sincerely,
Kenneth C. Driggers

March 1, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Athletic Trainers' Association the Members of the House of Representatives are invited to a luncheon. This event will be held in Room 221 of the Blatt Building on Wednesday, February 5, 2003, from 12:00 noon until 2:00 p.m.
Sincerely,
David E. Barnes
President

November 18, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Mortgage Brokers Association the Members of the House of Representatives are invited to a reception. This event will be held at the Aqua Grill on Wednesday, February 5, 2003, from 6:00 p.m. to 9:00 p.m.
Sincerely,
Linda Cannon
SCMBA President

December 3, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Supreme Court Justices, the Court of Appeals, the Circuit Court and Family Court Judges of South Carolina the Members of the House of Representatives are invited to a Barbecue. This event will be held at the National Guard Armory on Tuesday, February 11, 2003, from 6:00 p.m. to 8:00 p.m.
Sincerely,
Judge Paul M. Burch

December 3, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Self-Insurers Association, Inc. 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 Wednesday, February 12, 2003, from 8:00 a.m. to 9:30 a.m.
Sincerely,
Moby Salahuddin

March 5, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina School for the Deaf and the Blind the Members of the House of Representatives are invited to a luncheon. This event will be held in Room 221 of the Blatt Building on Wednesday, February 5, 2003, from 12:00 noon to 2:00 p.m.
Sincerely,
Sheila S. Breitweiser, ED.D.
President

July 12, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Leach:

On behalf of the South Carolina Credit Union League the Members of the House of Representatives are invited to a reception. This event will be held at Seawell's on February 12, 2003, from 6:00 p.m. to 8:00 p.m.
Sincerely,
John Franklin
President

March 1, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Registration and Election Officials the Members of the House of Representatives are invited to a reception. This event will be held at Seawell's Banquet and Reception Center on Tuesday, February 18, 2003, from 6:00 p.m. to 8:00 p.m.
Sincerely,
Marilyn W. Bowers, Chairperson

March 1, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Nursery and Landscape Association the Members of the House of Representatives are invited to a breakfast. This event will be held at the Capital City Club on Wednesday, February 19, 2003, from 8:00 a.m. to 9:30 a.m.
Sincerely,
Payton Parsons
2002 SCNLA President

December 30, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Baptist Convention the Members of the House of Representatives are invited to a luncheon. This event will be held on the State House grounds on February 19, 2003, at 12:00 noon.
Sincerely,
B. Carlisle Driggers, Director
Joseph A. Mack, Director, Christian Life Concerns

January 2, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Association of Counties the Members and staff of the House of Representatives are invited to a reception. This event will be held at Embassy Suites Hotel on February 19, 2003, from 6:00 p.m. to 7:30 p.m.
Sincerely,
James H. Rozier, Jr.
President

March 1, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Wil Lou Gray Opportunity School 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 Thursday, February 20, 2003, from 8:00 a.m. to 10:00 a.m.
Sincerely,
Pat G. Smith
Director

January 6, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Telephone Association the Members and staff of the House of Representatives are invited to a reception. This event will be held at the Columbia Museum of Art on Tuesday, February 25, 2003, from 6:00 p.m. to 8:00 p.m.
Sincerely,
J. D. Pate
Executive Director

December 31, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Association of Public Library Administrators the Members of the House of Representatives are invited to a luncheon. This event will be held at the Clarion Town House on Wednesday, February 26, 2003, from 12:30 p.m. to 2:00 p.m.
Sincerely,
Dwight McInvaill, Director
Georgetown County Library

March 1, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the American Legislative Exchange Council the Members of the House of Representatives are invited to a reception. This event will be held at the Clarion Town House Hotel on Wednesday, February 26, 2003, from 7:00 p.m. to 8:30 p.m.
Sincerely,
Frank Rogers
GlaxoSmithKline

REPORT OF STANDING COMMITTEE

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

H. 3259 (Word version) -- Rep. Lucas: A BILL TO ENACT THE "SCHOOL DISTRICT OF DARLINGTON COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN DARLINGTON COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3309 (Word version) -- Rep. Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-45 SO AS TO REQUIRE A COURSE IN CREDIT MANAGEMENT TO BE TAUGHT IN THE PUBLIC HIGH SCHOOLS IN THE STATE, AND TO AMEND SECTION 59-29-10, AS AMENDED, RELATING TO SUBJECTS REQUIRED TO BE TAUGHT IN SCHOOLS UNDER THE CONTROL OF THE COUNTY BOARD OF EDUCATION AND THE BOARD OF TRUSTEES OF EACH SCHOOL DISTRICT, SO AS TO ADD A COURSE IN CREDIT MANAGEMENT.
Referred to Committee on Education and Public Works

H. 3310 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A BROKER-IN-CHARGE AND A PROPERTY MANAGER-IN-CHARGE, SO AS TO PROHIBIT THE AUTOMATIC RENEWAL OF A MANAGEMENT AGREEMENT; AND TO AMEND SECTION 40-57-150, RELATING TO INVESTIGATIONS OF VIOLATIONS OF LAW BY REAL ESTATE BROKERS, SO AS TO REMOVE THE TIME LIMIT THE COMMISSION HAS TO RENDER A DECISION AND SERVE NOTICE.
Referred to Committee on Labor, Commerce and Industry

H. 3311 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-57 SO AS TO PROVIDE A PROCEDURE FOR THE QUALIFICATION OF A CANDIDATE FOR STATEWIDE OFFICE WHEN THE PERSON WINNING THE PRIMARY DIES OR WITHDRAWS; TO AMEND SECTION 7-11-50, AS AMENDED, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO MAKE REFERENCE TO SECTION 7-11-57; AND TO AMEND SECTION 7-11-55, RELATING TO REQUIRING A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO IS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO MAKE REFERENCES TO SECTION 7-11-57.
Referred to Committee on Judiciary

H. 3312 (Word version) -- Reps. J. Brown and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-959 SO AS TO PROVIDE THAT A COURT ORDER ESTABLISHING PATERNITY MAY BE REVERSED UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

H. 3313 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 31, TITLE 23, SO AS TO PROVIDE THAT A FIREARM RETAILER SHALL PERFORM A BALLISTICS TEST ON A FIREARM HE SELLS BEFORE IT IS DELIVERED TO THE PURCHASER AND SUBMIT TO THE STATE LAW ENFORCEMENT DIVISION CERTAIN INFORMATION REGARDING THE TEST, TO PROVIDE THAT A FIREARM OWNER SHALL NOTIFY THE STATE LAW ENFORCEMENT DIVISION ONCE HE LOSES POSSESSION OF A FIREARM, AND TO PROVIDE CIVIL PENALTIES FOR FAILURE TO COMPLY WITH THESE PROVISIONS.
Referred to Committee on Judiciary

H. 3314 (Word version) -- Rep. Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO PROVIDE A MAXIMUM FIVE PERCENT STATE INCOME TAX RATE ON SOUTH CAROLINA TAXABLE INCOME RECEIVED BY A TAXPAYER IN THE TAXPAYER'S CAPACITY AS A SOLE PROPRIETOR OF A BUSINESS, A SHAREHOLDER OF A SUBCHAPTER "S" CORPORATION, PARTNER IN A PARTNERSHIP, OR MEMBER OF A LIMITED LIABILITY COMPANY.
Referred to Committee on Ways and Means

H. 3317 (Word version) -- Reps. Scarborough, Altman, Harrell and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-65 SO AS TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL; TO AMEND SECTION 59-40-50, AS AMENDED, RELATING TO STUDENT ADMISSION TO A CHARTER SCHOOL, SO AS TO CHANGE SCHOOL DISTRICT TO BOARD OF DIRECTORS OF THE CHARTER SCHOOL; AND TO AMEND SECTION 59-40-170, AS AMENDED, RELATING TO THE LISTING OF BUILDINGS SUITABLE FOR CHARTER SCHOOL USE, SO AS TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.
Referred to Committee on Education and Public Works

H. 3318 (Word version) -- Reps. Viers and Keegan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, HE MUST BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR WITH THOSE QUALIFICATIONS AND UNDER THOSE PROCEDURES THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, HE MUST BE APPOINTED BY THE GOVERNOR.
Referred to Committee on Judiciary

H. 3319 (Word version) -- Reps. Merrill, Altman, Hinson and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-425 SO AS TO PROVIDE THAT TRIDENT TECHNICAL COLLEGE IS AUTHORIZED TO ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM.
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

The following was introduced:

H. 3315 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE RETIRING FIRE CHIEF RONALD DOUGLAS WILLIAMS OF BISHOPVILLE, AN OUTSTANDING LEADER AND FIREFIGHTER AND ONE OF SOUTH CAROLINA'S MOST EXEMPLARY PUBLIC SERVANTS, AND TO WISH HIM AND HIS FAMILY THE BEST OF HEALTH AND HAPPINESS, AND SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS, ON THE OCCASION OF HIS RETIREMENT.

The Resolution was adopted.

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               Brown, G.
Brown, J.              Brown, R.              Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Easterday              Edge
Emory                  Freeman                Gilham
Gourdine               Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hines, J.
Hinson                 Hosey                  Howard
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Leach
Lee                    Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 Pitts, E.H.
Pitts, M.A.            Rice                   Richardson
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
Smith, D.C.            Smith, F.N.            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 Wednesday, January 15.

H.B. "Chip" Limehouse             Jerry Govan
Alex Harvin                       Thomas Rhoad
Joseph Neal                       Marion Frye

Total Present--120

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. JENNINGS a leave of absence for the day due to being in court.

DOCTOR OF THE DAY

Announcement was made that Dr. Boyce Tollison of Easley 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 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. 3208 (Word version)
Date:   ADD:
01/15/03   TAYLOR

CO-SPONSOR ADDED

Bill Number:   H. 3206 (Word version)
Date:   ADD:
01/15/03   TAYLOR

Rep. TOWNSEND moved that the House recede until 2:00 p.m., which was agreed to.

INAUGURAL CEREMONY

At 11:00 a.m. the House repaired to the south portico of the State House where it joined the Senate.
The Inaugural Party proceeded to the Speaker's stand.

GOVERNOR OF SOUTH CAROLINA
THE HONORABLE MARSHALL CLEMENT SANFORD, JR.
INAUGURAL ADDRESS
JANUARY 15, 2003

My Fellow South Carolinians:
Thank you for that warm welcome. I would take this moment as well to say thank you to so many of you who worked so hard to make this day possible.
I'd begin with family, but I guess that's no particular accomplishment since they had to help. Nonetheless, thank you.
To friends both old and new, thank you.
Some of you talked to friends at work or school. Others prayed and talked to friends at church. Many of those who helped I've never met, but all believed that change was vital to South Carolina's future. Jenny, our boys, and I are humbled by what has happened. It is my goal to honor the trust each of you has placed in me and this new administration.
To members of Congress who were kind enough to come over to South Carolina, thank you.
To Governor Hodges and his wife, Rachel, thank you for being here and for your years of service to the people of our State. I would also say to the long list of former governors, from former Governor Hollings up through Governor Beasley, thanks, as well, for what you did to better South Carolina.
To the legislative body gathered here today it is my hope to build a collaborative working relationship with each one of you. I admire the way each one of you cares about our State, and I'd offer particular thanks to the legislative leadership for their help during transition.
I also want to recognize the promise that comes with each one of the constitutional officers just sworn in - I look forward to, as well, working with each one of you. In not my, but our, collective hands is held the promise of change.
But before I get into that, let me begin with this: I have always been leery of inaugural speeches. The notion of some person in politics promising all sorts of things...the least of which was that "today is a new beginning" to me sounded phony. Yet here I am, one who believes in the need for change at...an inaugural. So I will only say this, it is phony to suggest that with the wave of a hand things will change.
It's for that reason I have always loved the story of the Antarctic explorer, Sir Ernest Shackleton. He and 29 fellow sailors found themselves trapped in the ice pack off the Antarctic continent in what developed into a two-year struggle for survival and in a situation none of them should have survived. They survived on a diet of seal and penguin and the dogs from their own dog team; they tried to walk to Paulet Island, then they rowed to Elephant Island; sailed for a month in a little life boat called the James Card to South Georgia Island; they climbed a mountain range...and in the end every man survived because they stayed true to what they knew at the beginning...that the only way out was with each other.
It was through:
Collective effort
Focused vision
Persistence
Sacrifice and bold steps
that they changed from being in a situation none should have survived to a situation all did.
In the same light, just 30 years ago when Col. Hal Moore and his men from the 7th Cavalry landed at LZ X-ray in the Ia Draing Valley, in what was to have been a routine patrol, they instead found themselves as the first engagement between North Vietnamese regulars and American soldiers. Men of that unit like:
1st Sgt. Larry Gilreath from Belton
Cpl. Ray Tanner from Johns Island
Command Sgt. Maj. Southern Hewitt from Florence
honor us with their presence here today and are the backbone to what makes this State and country great. I believe you are heroes, and each of you, and others like you in uniform today, bring great pride to our State and set shining examples of what real sacrifice and commitment and honor are all about.
Sgt. Hewitt would also tell you they found themselves in a situation none of them should have survived but that most did because they once again stayed true to what they knew at the beginning...that the only way out was with each other.
It was through:
Collective effort
Focused vision
Persistence
Sacrifice and bold steps
that they changed from being in a situation none should have survived.
That change was needed to Shackleton or Moore was obvious. Any objective look at our State would lead to the same conclusion.
When per capita income of our people is 81 percent of the national average, and we trail many of our neighboring states, as well...change is needed, because without it means limited opportunity for too many and too many parents watching their children leave our State to find jobs.
When a $5 billion budget is $1 billion out of balance...change is needed.
When nearly one third of our students don't make it through high school...change is needed.
In the book Red Hills and Cotton, a South Carolina tenant farmer described his difficult decision to leave the land for the factory at the turn of the last century. He said simply: "I want to improve my condition. I want to educate my children. I want them to have things better than I have had."
Those few words express the hopes and dreams of every parent in every generation.
In our State, it's crucial we give every parent the opportunity to fulfill that desire and to do so we must recognize there's a transformation taking place in the world economy as profound as the transition from the farms to the factories in the last century.
Our country is becoming increasingly high tech and knowledge based, and the question is, "will we be prepared for this change?"
I think we can if we recognize this new direction involves the understanding that taxing and spending policies, education, economic development, and quality of life issues are not separate disciplines, but interrelated foundations upon which our future rises or falls.
And the ultimate question is, "how do we forge this new direction?"
...and I would say through:
Collective effort
Focused vision
Persistence
Sacrifice and bold steps
And staying true to what Moore and Shackleton knew, and what we know, and what was in fact recognized by Martin Luther King - whose birthday we recognize - and that is that the only way out, the only way forward, is with each other.
It is imperative that everyone have a chance at the economic ladder, and to do this we must be a state of economic opportunity. Those opportunities can only come if we make the changes that prepare us for the national transformation headed our way.
So let us use this inaugural day as a day to reaffirm our collective values that make this State unique and special.
Let us renew our commitment to each other, our families and the communities we live in, the future our children will inherit, and the transcendent faith that governs our civility.
But most of all let's draft a contract that looks to the future. It is Ecclesiastes that says where there is no vision the people perish. In these perilous budget times government cannot be all things to all people, and we need to more carefully define our priorities as a state.
Let's sign a contract where I commit to earning the trust of every South Carolinian not just those of my party or those who might have voted for me.
Let's sign a contract that asks more of each one of us as South Carolinians. If we are going to be a state of opportunity we also have to be a state of responsibility. If we want better health, can we begin with what we ourselves eat; if we want better education, can we begin by checking the homework of our own children?
Most of all let us commit to a plan that involves those sometimes bold, sometimes small, but always meaningful steps that bring change- a plan that re-examines the way we do things and think. I know mine won't be the only plan, but I believe in it; I campaigned on it and I will push hard for it.
I said from the beginning of this campaign that we thought there were a couple of building blocks key to advancing incomes and our futures here in South Carolina.
1. We have got to look at the way we tax:
Tax policies have to be tied to sustainable economic growth, not only for large industries but small businesses, which account for most of our jobs.
They must reflect our determination to make South Carolina a haven for entrepreneurs with good ideas, and this was the idea behind our income tax proposal.
While some will say we cannot cut taxes while we are in a budget crisis, I say that, if we don't make fundamental changes in our tax system, we will never put our State on the kind of economic footing we need to keep South Carolina home to our grandchildren.
2. Look at the way we educate:
Through the years South Carolinians have come together on the need to improve our schools. We have made remarkable strides in accountability, teacher pay and other key areas.
We will not retreat from this commitment, but we have to do more. My friend, Jim Miles, used to say - and I suspect still does - if you keep on doing what you have been doing, you will keep on getting what you have been getting. He is right.
I believe we need to redouble our efforts to make certain that money in education makes its way to the front line of the educational battlefield, the teachers and classrooms, and that we need more choices in public education.
On the choice issue alone, many students in this State can compete anywhere in the country. But others, through no fault of their own, can't.
President Bush has declared that no child should be left behind. If we're honest about it, though, we know that South Carolina is still leaving children behind.
Parents with meager means have the same aspirations for their children as other parents. Children from poor families have the same needs as other children.
I know we all will stand fast on improving our public schools. But I ask we go one step further by insisting that parents with children in failing schools have more options because it's the right thing to do, and it will in no way compromise our commitment to public education.
3. Let's look at higher education:
We will never have the resources to allow every institution to be everything to everybody. To be blunt, there's something wrong with a system that forces colleges and universities to hire lobbyists to compete for funding.
The fact that many of our employers can't find skilled labor suggests that change is needed.
When, according to the Governor's Work Force Education Task Force survey in 2001, 61 percent of South Carolina businesses could not find the kind of skilled employees they needed...change is needed.
Research universities, teaching universities, and technical education schools all are critical to our future.
But we need more focused roles, better coordination, less duplication, and better responsiveness to the work force needs of this State.
I'm open as to how this should be done. But I'm determined that it will be done.
4. Let's revisit restructuring:
A key component to accomplishing what I've laid out before you is continuing what Carroll Campbell started in 1993.
He understood the need for fundamental, structural reform of government to address modern problems. As he put it, horse and buggy government does not work in the space age.
He said at the time that more restructuring would be needed. I believe that time has come.
My administration plans to formulate policies that will improve the economic well-being of our people and raise the per capita income over time. This will be part of the mission of all cabinet-level agencies and all appointees.
But there are many agencies, boards, and commissions that still perform functions outside the purview of the Governor.
Further restructuring can enhance efficiencies, save money, and speed reform. I intend to work with the General Assembly toward this end.
And let me say a word to the thousands of state employees who ultimately have to make our policies work. As we ask you to serve the people of this State, we need to keep faith with you by recognizing and rewarding your hard work.
While on this topic, please allow me a personal reflection that I know all South Carolinians share. Restructuring was just one of many historical achievements for Governor Carroll Campbell. His decisions saved lives during Hurricane Hugo and his efforts sped rebuilding in its wake. He kept the State together during Lost Trust.
So much of what he did is still felt today, from the jobs he created to the Governor's School for Science and Mathematics.
Carroll, I just want to thank you and Iris for everything you've done for South Carolina and for the personal kindness from both of you to me and Jenny and our four boys.
5. Let's not lose sight of quality of life:
For some, quality of life means health care, for others, an adequately funded law enforcement, others a transportation system that works - all these are parts of quality of life.
But one key part of attracting participants in the technology transformation around us will be simply not losing sight of our State's beauty.
There is a real pride of place that exists in our State and it has yielded us a tremendous advantage in the way we look and feel as a state and it is important that we not lose it.
Each one of these five areas just mentioned is a few of the many building blocks key to keeping South Carolina home to our children, and as we embark on this course, I will give you three principles that will guide my administration.
First, people will get straight talk. I won't try to sugarcoat problems or sweep them under the rug. I will lay them out as best I see them.
Second, this government exists to serve and not to be served. If you believe as I do that not my or your strength, but God brought us to this day, there should be a humility that comes with trying to fulfill His purpose in that day.
I believe in the concept of servant leadership and I will expect members of our team to hold that perspective, because it is insurance against the most frequent form of loss in government - lost sight of who the boss is - the taxpayer.
Third, as best I know how, I intend to be Governor of all the people.
I don't have all the answers for the issues that divide us. But on this, the birthday of Dr. Martin Luther King, Jr., I pledge to be open, to reach out and to listen, because no political party or group has the market cornered on wisdom.
Let me say, finally, by taking small steps in the right direction:
Shakelton and his men not only survived, but became a story memorialized in the book Shakelton - the Epic Story of Survival. Col. Moore and his men not only survived but were as well memorialized in the book and ultimately the movie, We Were Soldiers Once and Young.
The question for everyone of us today is how will the actions we take today be remembered tomorrow. I think if we take the right steps, some of which I talked about in my campaign and again today, we can have a remarkable impact on South Carolina's future.
Let's pledge ourselves to beginning that process today, because among other reasons Jenny and I were at the funeral a few weeks ago of one of South Carolina's great visionaries, Charles Fraser. He was buried under the Liberty Oak at Harbour Town and it was there under that mighty oak that I heard the words of South Carolina historian Charles Joyner, who in surveying the state of the state since the sixties, said this, "Some say there has been no progress, but they have forgotten where we started. Some would stop here, for they cannot see how far we still have to go."
Ladies and gentlemen, it is a privilege to inherit a place in time so many others worked so hard to create.
It is a responsibility to build upon the foundation they laid.
With God's help, we will do just that.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

ORDERED TO THIRD READING

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

H. 3282 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT THE ELECTIONS FOR SCHOOL BOARD OF TRUSTEES FOR THE DISTRICTS MUST BE HELD ON THE SECOND TUESDAY OF MARCH INSTEAD OF THE FIRST TUESDAY OF MARCH, IN APPROPRIATE YEARS.

H. 3015--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

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 Labor, Commerce and Industry:

H. 3015 (Word version) -- Reps. Cobb-Hunter and J. H. Neal: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING ANY FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO A CHECK GIVEN TO A DEFERRED PRESENTMENT SERVICE OR A CHECK CASHING SERVICE; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO EVIDENCE OF FRAUDULENT INTENT AND PROSECUTION FOR ISSUANCE OF ANY FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT A COMMERCIAL AGENT FOR COLLECTION OF AN OBLIGATION PAID FOR WITH ANY FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER DOES NOT HAVE THE SAME RIGHTS AS THE ORIGINAL PAYEE UNLESS THE CHECK, DRAFT, OR OTHER WRITTEN ORDER HAS BEEN ENDORSED OVER TO THE AGENT FOR COLLECTION FOR VALUE AND WITHOUT RESERVATION OF RIGHTS; TO AMEND SECTION 34-39-180, RELATING TO REGULATION OF DEFERRED PRESENTMENT SERVICES AND SECTION 34-41-60, RELATING TO REGULATION OF CHECK CASHING SERVICES, SO AS TO PROVIDE THAT NEITHER SERVICE MAY RELY ON THE CIVIL OR CRIMINAL REMEDIES IN CHAPTER 11, TITLE 34, FOR PROSECUTING OR CIVILLY ENFORCING PAYMENT OF A FRAUDULENT CHECK.

H. 3211--RECALLED AND REFERRED TO COMMITTEE ON WAYS AND MEANS

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

H. 3211 (Word version) -- Reps. Lourie, Bales and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-95 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2004, A LICENSED SCHOOL COUNSELOR WHO HAS MET THE REQUIREMENTS FOR AND ACQUIRED A NATIONAL CERTIFIED SCHOOL COUNSELOR (NCSC) ENDORSEMENT FROM THE NATIONAL BOARD OF CERTIFIED COUNSELORS AND WHO IS EMPLOYED AS A SCHOOL COUNSELOR BY A LOCAL SCHOOL DISTRICT ON A TEACHER SALARY SCHEDULE SHALL RECEIVE ALL INCENTIVES AND PRIVILEGES OFFERED TO INDIVIDUALS RECEIVING THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS CERTIFICATION AND TO PROVIDE FOR THE CONDITIONS UNDER WHICH THESE INCENTIVES AND PRIVILEGES SHALL BE CONTINUED.

H. 3253--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

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

H. 3253 (Word version) -- Reps. Cobb-Hunter and Bailey: A BILL TO ENACT THE OMNIBUS DOMESTIC VIOLENCE PREVENTION AND PROTECTION ACT BY ADDING ARTICLE 21 TO CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL STATE AGENCIES TO DEVELOP A WORKPLACE DOMESTIC VIOLENCE POLICY; TO ADD SECTION 59-1-475 SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION, IN CONJUNCTION WITH THE DEPARTMENT OF SOCIAL SERVICES, TO DEVELOP MATERIALS FOR DOMESTIC VIOLENCE CONTINUING EDUCATION WHICH SCHOOL DISTRICTS MUST PROVIDE TO TEACHERS AND STAFF; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE FORMULA FOR DETERMINING ANNUAL ALLOCATIONS TO EACH SCHOOL DISTRICT AND WEIGHTINGS USED TO PROVIDE FOR RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO INCLUDE PUPILS WHO RESIDE IN EMERGENCY SHELTERS IN WEIGHTINGS FOR THE HOMEBOUND PROGRAM; TO AMEND SECTION 59-63-31, AS AMENDED, RELATING TO AUTHORIZING STUDENTS TO ATTEND SCHOOL IN A CERTAIN SCHOOL DISTRICT WITHOUT CHARGE, SO AS TO ALLOW A CHILD WHO RESIDES IN AN EMERGENCY SHELTER TO ATTEND A SCHOOL IN THE DISTRICT WHERE THE SHELTER IS LOCATED; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO CLASSIFYING OFFENSES AS VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, AND 16-25-60, ALL AS AMENDED, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES, TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED EXCEPT MANDATORY MINIMUM SENTENCES UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS, TO REQUIRE AN OFFENDER TO PAY A FEE FOR PARTICIPATION IN A PROGRAM, AND TO AUTHORIZE ORDERING AND REFERRING AN OFFENDER TO ALCOHOL AND DRUG TREATMENT; TO AMEND SECTION 16-25-65, RELATING TO THE STATUTORY OFFENSE OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO CLARIFY THE ELEMENTS OF THAT OFFENSE AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO ARRESTS AND SEARCHES IN CONNECTION WITH CRIMINAL DOMESTIC VIOLENCE, SO AS TO REQUIRE A LAW ENFORCEMENT AGENCY TO COMPLETE AN INVESTIGATION OF AN ALLEGED OFFENSE EVEN WITHOUT NOTIFICATION AT THE TIME OF THE OFFENSE; TO ADD SECTION 16-25-95 SO AS TO MAKE IT A FELONY FOR A PERSON WHO HAS BEEN CONVICTED OF CRIMINAL DOMESTIC VIOLENCE TO POSSESS A FIREARM AND TO PROVIDE PENALTIES; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS NOT TO BE CONSIDERED FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT PERSONS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST NOT BE CONSIDERED FOR THIS PROGRAM; TO AMEND SECTION 20-4-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE THE DEFINITION OF "HOUSEHOLD MEMBER" TO INCLUDE MINORS AND OTHERS FUNCTIONING UNDER THE AGE OF 18; TO ADD SECTION 20-4-63 SO AS TO WAIVE THE COURT FILING FEE WHEN A PERSON IS SEEKING AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE; TO ADD SECTION 20-7-3080 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROMULGATE REGULATIONS REQUIRING CHILDCARE OWNERS AND OPERATORS TO PROVIDE STAFF TRAINING ON DOMESTIC VIOLENCE; TO ADD SECTION 43-1-250 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES, OFFICE OF DOMESTIC VIOLENCE PROGRAMS AND POLICY TO DEVELOP A COMPREHENSIVE DOMESTIC VIOLENCE PUBLIC AWARENESS AND MEDIA EDUCATION CAMPAIGN; TO ADD SECTION 43-1-260 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO FACILITATE THE DEVELOPMENT OF COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS IN EACH COUNTY OR MULTI-COUNTY AREA BASED UPON PUBLIC-PRIVATE SECTOR COLLABORATION AND TO PROVIDE FOR THE PURPOSE, DUTIES, AND MEMBERSHIP OF THE COUNCILS; AND TO ADD SECTION 14-1-240 SO AS TO REQUIRE ANNUAL CONTINUING EDUCATION FOR MAGISTRATES AND CIRCUIT COURT AND FAMILY COURT JUDGES TO RECEIVE ANNUAL CONTINUING EDUCATION ON DOMESTIC VIOLENCE.

REGULATION NO. 2757--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. TOWNSEND, with unanimous consent, Regulation No. 2757 was ordered recalled from the Committee on Education and Public Works and referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3316--ADOPTED

The following was introduced:

H. 3316 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 4.4 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE MEETING OF COMMITTEES, SO AS TO ADD A RESCISSION BILL TO THE LIST OF BILLS WHICH MAY BE CONSIDERED BY MAJORITY RATHER THAN TWO-THIRDS VOTE; TO AMEND RULE 4.6, RELATING TO THE CONSIDERATION OF A BILL OR RESOLUTION BY A COMMITTEE OR SUBCOMMITTEE, SO AS TO PROVIDE THAT A MEMBER MAY REQUEST CONSIDERATION ONLY ONE TIME FOR EACH BILL OR RESOLUTION DURING A LEGISLATIVE SESSION; TO AMEND RULE 8.6, RELATING TO INVOKING THE PREVIOUS QUESTION, SO AS TO REQUIRE THAT AFTER THE PREVIOUS QUESTION HAS BEEN INVOKED, THE PRIMARY SPONSOR OF AN AMENDMENT MAY WITHDRAW IT WITH UNANIMOUS CONSENT WITHOUT MAKING A MOTION TO TABLE IT; TO AMEND RULE 8.10, RELATING TO CALLING FOR THE DIVISION OF A QUESTION, SO AS TO PROVIDE THAT A BILL MAY NOT BE DIVIDED INTO SEPARATE PARTS; AND TO AMEND RULE 10.1, RELATING TO A PERSON ADMITTED WITHIN THE HOUSE CHAMBERS DURING A SESSION OF THE HOUSE, SO AS TO REQUIRE THAT CAUCUS EMPLOYEES MUST STAY BEHIND THE RAIL IN THE BACK OF THE CHAMBER AT ALL TIMES WHEN THE HOUSE IS IN SESSION.

Be it resolved by the House of Representatives:

(1)   That Rule 4.4 of the House of Representatives is amended to read:

"4.4   Committees shall meet regularly to consider pending legislation in the room assigned for their use by the Speaker. Notice of date, time, and place of such meetings shall be posted on a bulletin board provided for this purpose in the lobby. Whenever feasible twenty-four hour advance notice shall be given for all committee meetings. Such notice shall be mailed to the members by the committee chairmen when the House is not in session. Notice of regular and special meetings shall also be given by the administrative assistants to each member of the committees and to the Sergeant at Arms in the manner the committee deems proper. Information as to subcommittee meetings shall be provided by the administrative assistants to the Sergeant at Arms and shall be available at the Sergeant at Arms' desk. Failure of notice of any meeting shall not invalidate committee action unless bad faith is shown. No committee shall meet while the House is in session without special leave by the Speaker. Provided, however, that the Committee on Rules and any committee of conference or free conference, may sit at any time and may report its message to the House at any time.

No committee shall sit unless a quorum be present and all bills introduced by committees must carry the statement of the Chairman that the bill has the approval of two-thirds of the membership of the committee, except that the State Appropriations Bill, the Supplemental Appropriations Bill, a Rescission Bill, and the Deficiency Appropriations Bill may be introduced by a majority vote of the Ways and Means Committee.

No committee shall introduce a bill pertaining to subject matter over which it has no jurisdiction.

Notice in writing of all public hearings shall be given by Committee Chairmen to the Clerk of the House at least five calendar days prior to the date fixed for the hearing, such notice to be published in the House Calendar. Notice in writing of all committee action taken on a bill or resolution shall be given to the principal author thereof.

No statewide bill directly appropriating money shall be considered by the House until after such bill has been referred to the Ways and Means Committee, provided, however, a statewide bill which directly or by implication provides for per diem, subsistence or mileage in connection with the subject matter of the bill, but does not otherwise directly appropriate money, shall not be required to be referred to the Ways and Means Committee.

After the House sets a bill for Special Order pursuant to Rule 6.3, no point of order may be raised regarding its reference to committee, however, the House by majority vote may commit or recommit a bill or other matter under debate.

No committee action shall be taken on a bill or resolution except at a regular or called meeting, but this shall not apply to resolutions referred to the Committee on Invitations and Memorial Resolutions.

When any standing committee or subcommittee schedules a public hearing on a bill or resolution, the principal sponsor of such bill or resolution shall be notified of the time and place of such hearing not less than five calendar days prior to the hearing date."

(2)   That Rule 4.6 of the House of Representatives is amended to read:

"4.6   After twenty days from the date of reference, the Chairman of the Committee in possession of a measure shall, upon written request of a sponsor or, in the case of a Senate measure, a House member, set a time for consideration of the measure by the full committee or subcommittee which shall be no later than seven legislative working days thereafter. Provided, however, that a member may request consideration of a bill or resolution pursuant to this rule only one time per bill or resolution during a legislative session."

(3)   That Rule 8.6 of the House of Representatives is amended to read:

"8.6   The previous question upon any matter may be invoked as follows:

Upon an affirmative vote on a motion for the previous question (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate and a simple majority vote at all other times), the amendments then upon the desk shall be considered, but no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor. The proponents of an amendment shall be allowed an opportunity to make a short explanation of his amendment for a period not to exceed three minutes, then opponents to the amendment shall be permitted not more than three minutes to oppose the proposed amendment. Then two hours of debate shall be allowed on the bill, the time being equally divided between opponents and proponents with no person to speak more than ten minutes. Provided, that after the previous question has been invoked, the primary sponsor of an amendment may withdraw it with unanimous consent without making a motion to table it.

Provided, a motion to adjourn debate shall be in order even though the previous question has been invoked.

Provided, further, any member who has been recognized by the Speaker and is speaking from the podium, is considered to be debating the issue and a call for the previous question, whether by the member or any other member, requires the necessary fifty percent of those present and voting plus five."

(4)   That Rule 8.10 of the House of Representatives is amended to read:

"8.10   Any member may without debate, call for the division of a question and the House may divide the question if the Speaker determines the question so distinct that, one being taken away, the rest may stand entirely on its own. Provided, however, that a bill may not be divided into separate parts."

(5)   That Rule 10.1 of the House of Representatives is amended to read:

"10.1   Only the following persons shall be admitted within the House Chamber during a session of the House unless otherwise authorized by House Resolution.

The present and former members and officers and present employees of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the Lieutenant Governor; each statewide constitutional officer; the present members, officers, and employees of the Senate; the present employees of the Legislative Council; dignitaries and the family of members designated by the Speaker, employees of the respective legislative delegations; the employees of legislative caucuses, provided, however, that caucus employees must stay behind the rail in the back of the Chamber at all times when the House is in session; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by anyone except the members thereof. No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking personal favors nor any former member who has filed as a candidate or is a candidate for a position which is elected by the General Assembly shall be admitted within the outer doors of the Chamber without special leave of the House. Provided, that no member of the Press may conduct interviews within the House Chamber while the House is in session.

Provided, that notwithstanding other provisions of this rule, access within the outer doors of the Chamber is denied to any former House member who has been convicted of a crime, the conviction of which would impose a maximum penalty of imprisonment of one year or more. This paragraph does not apply to a former House member who is re-elected to either House of the General Assembly after the conviction of the crime referred to in this paragraph."

Rep. CHELLIS explained the Resolution.

The Resolution was adopted.

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

ADJOURNMENT

At 2:25 p.m. the House, in accordance with the motion of Rep. SIMRILL, adjourned in memory of Anna Lyle Ivey of Rock Hill, to meet at 10:00 a.m. tomorrow.

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