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


Printed Page 1235 . . . . . Tuesday, February 24, 2004

Tuesday, February 24, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Proverbs 3:6: "In all your ways acknowledge Him, and He will make your paths straight."
Let us pray. Almighty God, we thank You for Your care and blessing us as a State and Nation. Give to these women and men the wisdom and integrity to carry out the duties they have been called to do. Preserve, protect, and defend our State, our Nation, and her leaders. Keep our defenders of freedom safe. Hear us as we pray. Amen.

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

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

MOTION ADOPTED

Rep. J. R. SMITH moved that when the House adjourns, it adjourn in memory of Sue Townsend, former coroner of Aiken, which was agreed to.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 19, 2004
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.


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LOCAL APPOINTMENT

Anderson-Oconee Master-in-Equity
Term Commencing: June 30, 2004
Term Expiring: June 30, 2010
Seat: Master-in-Equity

Reappointment
The Honorable Ellis B. Drew, Jr.
Office of the Master-in-Equity
P.O. Box 8002
Anderson, South Carolina 29622
862-260-4052

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

REPORT OF STANDING COMMITTEE

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 4697 (Word version) -- Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES TREES OR FOREST PRODUCTS DIRECTLY FROM A LANDOWNER FROM LANDS IN THIS STATE MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT WHERE THE VALUE OF THE TIMBER EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND


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VEHICLES USED TO ACQUIRE OR CUT THE TIMBER ARE SUBJECT TO CONFISCATION AND FORFEITURE.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4825 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO ROBERT R. SCOTT OF COLUMBIA, PRESIDENT OF THE SOUTH CAROLINA FORESTRY ASSOCIATION, UPON RECEIVING THE "ORDER OF THE PALMETTO" AND THANKING HIM FOR HIS MANY YEARS OF SERVICE TO THE STATE THROUGH HIS LEADERSHIP IN PROMOTING SUSTAINABLE FORESTRY AND THE WOOD AND PAPER PRODUCTS INDUSTRY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4826 (Word version) -- Reps. J. E. Smith, Quinn, 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, 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, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE


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CITY OF COLUMBIA AND THE THREE RIVERS MUSIC FESTIVAL ORGANIZATION FOR THE OUTSTANDING JOB THEY HAVE DONE TO FOSTER ECONOMIC DEVELOPMENT AND TOURISM IN THE MIDLANDS THROUGH THE PRESENTATION OF THE THREE RIVERS MUSIC FESTIVAL EACH SPRING.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

S. 764 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS CONCERNING CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "FLEET".
Referred to Committee on Education and Public Works

ROLL CALL

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

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                 Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Hagood                 Hamilton               Harrell
Harrison               Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Howard                 Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Limehouse

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Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            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 Tuesday, February 24.

Karl Allen                        John J. "Bubber" Snow
Fletcher Smith                    Bessie Moody-Lawrence
Thomas Rhoad                      Todd Rutherford
Bill Cotty                        Denny Neilson
Brenda Lee                        Douglas Jennings
Jerry Govan

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. MARTIN a leave of absence to attend a meeting in Washington.

DOCTOR OF THE DAY

Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.


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CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3979 (Word version)
Date:   ADD:
02/24/04   RICHARDSON

CO-SPONSOR ADDED

Bill Number:   H. 4821 (Word version)
Date:   ADD:
02/24/04   KEEGAN

CO-SPONSOR ADDED

Bill Number:   H. 4271 (Word version)
Date:   ADD:
02/24/04   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
02/24/04   D. C. SMITH


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CO-SPONSOR REMOVED

Bill Number:   H. 3714 (Word version)
Date:   REMOVE:
02/24/04   E. H. PITTS

ORDERED TO THIRD READING

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

H. 4793 (Word version) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 4591 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.

H. 4548--AMENDED AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4548 (Word version) -- Reps. Duncan and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-1215 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES, BASED ON A SUFFICIENT SHOWING AFTER NOTICE AND IN THE MANNER REQUIRED BY THIS ARTICLE, SHALL SUSPEND FOR TWO YEARS THE HUNTING PRIVILEGES AND LICENSE, IF ANY, OF A PERSON WHO ACCIDENTALLY OR INTENTIONALLY


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SHOOTS LIVESTOCK WHILE HUNTING DEER, AND TO PROVIDE THAT BEFORE THE SUSPENSION PERIOD MAY BE LIFTED, THE OFFENDER SUCCESSFULLY SHALL COMPLETE A HUNTER EDUCATION CLASS OR COURSE APPROVED BY THE DEPARTMENT EDUCATING THE OFFENDER ON THE PROPER USE OF WEAPONS, GAME IDENTIFICATION, AND SAFETY.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20957SD04), which was adopted:
Amend the bill, as and if amended, by striking Section 50-9-1215 of the 1976 Code, as contained in SECTION 1, and inserting:
/   Section 50-9-1215.   The Department of Natural Resources, based on a sufficient showing after notice and in the manner required by this article, shall suspend for two years the hunting privileges and license, if any, of a person who accidentally or intentionally shoots any bovine or equine animal while hunting deer. The provisions of this section apply whether or not the person is convicted of, or pleads guilty or nolo contendere to a resulting criminal violation. In addition, before the suspension period may be lifted, the offender successfully shall complete a hunter education class or course approved by the department educating the offender on the proper use of weapons, game identification, and safety. /
Renumber sections to conform.
Amend title to conform.

Rep. DUNCAN explained the amendment.
The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5855CM04):
Amend the bill, as and if amended, Section 50-9-1215, as contained in SECTION 1, by striking the first sentence and inserting:
/ The Department of Natural Resources, based on a sufficient showing after notice and in the manner required by this article, shall suspend for two years the hunting privileges and license, if any, of a person who intentionally shoots any bovine or equine animal while hunting deer. /


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Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.

Reps. TRIPP, KENNEDY, SCOTT, WEEKS, THOMPSON, TROTTER, OTT, DUNCAN, WITHERSPOON, KIRSH, COATES, OWENS and MOODY-LAWRENCE requested debate on the Bill.

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 12:30 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ADDRESS BY CHIEF JUSTICE JEAN HOEFER TOAL

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

S. 809 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 24, 2004, AND TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JOHN A. BRIEDEN III, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IMMEDIATELY FOLLOWING THE STATE OF THE JUDICIARY ADDRESS BY THE HONORABLE JEAN HOEFER TOAL.

Chief Justice Toal and her distinguished party were escorted to the rostrum by Senators Setzler, Moore, Mescher, Hawkins and Knotts and Representatives RIVERS, WHIPPER, ALTMAN, SINCLAIR and TALLEY. The President of the Senate introduced Chief Justice Toal.

Lieutenant Governor Bauer, President Pro Tempore McConnell, Speaker Wilkins, Speaker Pro Tempore Smith, members of the joint


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assembly, my brothers and sisters of the South Carolina Judiciary, ladies and gentlemen:

Carol Connor

I begin this - my fourth - State of the Judiciary address with a heavy heart. Judge Carol Connor of the South Carolina Court of Appeals passed away on the morning of February 20, 2004, at the young age of 54, after a long and courageous battle with cancer. Her colleagues on the Court of Appeals and the Justices of the Supreme Court mark her passing with a profound sense of loss, both personal and professional, and with inexpressible appreciation of her brilliance, energy, compassion, unflagging spirit, and indomitable courage. Her legal decisions will continue to guide the law of this State, as her example of a life superbly and splendidly lived will continue to inspire all who know her or may come to know of her.
She is survived by her husband, Palmer Freeman, a former member of this House, her mother, Polly McGill Connor, her sons, Tim Connor-Murphy, Connor Freeman, and Dan Freeman, her sisters, Paula Sellars and Lou Connor, a host of loving family including her first cousin, Williamsburg Senator Yancey McGill, her grieving brothers and sisters who wear the robe, and all South Carolinians.

Introduction

Let me begin my report to you with thanks for bending your schedule to accommodate me today before the National Commander of the American Legion. I'm having shoulder surgery Thursday to clean out the bone chips accumulated out of sixty years of baseball, tennis, hockey, and golf. I'll try to be as mindful of your time as you have been of mine.

South Carolina in National Spotlight

This year has been one that has placed our state court system on a national platform. We hosted the National Judges Association Conference bringing summary court judges to Charleston from more than 40 state and international courts. We also hosted the National Probate Judges Conference this year under the leadership of Judge Ray Eubanks of Spartanburg, this year's national president.
I was honored to be asked to keynote the National Center for State Court's eighth court technology conference. We told the story of how a small, rural state is leading the nation in engineering our court system.
And in 2005, South Carolina has been picked to host the summer meeting of the National Conference of Chief Justices and National Conference of State Court Administrators.


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These conferences give us a chance to showcase the achievements of our court systems as well as form relationships, which lead to additional national funding support for our courts.

Technology Journey of the South Carolina Courts

Technology continues to be a central emphasis of my administration as your chief, because I am convinced that in years of lean state financial resources and spiraling caseloads, I must engineer more efficiency in our system.
So let me take you on South Carolina's technology journey, an exciting journey and one of fairly short duration. As with anything, our technology journey involved a building block approach to meaningful progress.
It begins in 2000 with my election as Chief Justice in March of that year. As Chief Justice, I knew at that time that there would be no more judges and no more court facilities to attack the huge problem of backlog that then existed in our state court system, particularly at the trial level. So my dilemma was...how can I reorganize my existing human resources and existing facilities to attack the problem of court efficiency and citizen access to the process?

Strategic Technology Plan

So, what was our strategic technology plan for South Carolina? Its platform is network connectivity all over the State in every county in the State. High-speed internet connectivity.
We were looking at a plan that would take people and process and use technology to join them. And just like the courts themselves, technology has got to be able to push and pull information in order to more effectively manage.

Network Infrastructure - High-Speed Internet Connectivity

This series of slides will show you how network infrastructure occurred in South Carolina.
The year 2001: we had no high speed in any county in South Carolina.
The year 2002: we began to make progress. Those gold counties are the counties in which we were able to introduce high-speed connectivity for our state judges and the clerks of court. My IT director calls this 'going for the gold,' and she's sold it all over South Carolina. And the more she talks about it, the more the smaller counties say, "I want to be a gold county."
Here's the year 2003, and our infrastructure is almost complete. And the few counties you see that are white counties have an active program


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under way. I expect by the end of the year, the entire State will be connected.
This infrastructure is the key. The first two legs of our strategic plan were network connectivity and the development of web sites. With that infrastructure in, we were then ready to move to the third leg of our strategic plan: the development of a case management system for South Carolina.
That technology journey in 2003 also included the establishment of an intranet, a call center, and several other initiatives. But I want to concentrate for a moment on how we piloted our State Case Management System and then give you some real-world examples of how it works in fact.

Statewide Court Case Management System

The National Center for State Courts was the key to helping South Carolina develop a statewide concept of how case management could work. Their technical staff came to South Carolina numerous times. I struggled to pay my dues from South Carolina to the National Center for State Courts. But I got value dollar for dollar - and then some - and the marvelous technical support this staff provided this small state in developing our case management plan.
A case management database includes four elements:
(1) the people involved;
(2) the financial end that must be accounted for and maintained as funds come into the system;
(3) the time involved and;
(4) the case itself.
Technology can be used to make these four elements interact.
Our system, then, in South Carolina for our initial pilot is a system that involves case management for our general sessions court, that's our criminal court part of our general level court system; case management for our common pleas court, that's our basic civil court; a case management system in magistrates court, that's that base level lay court in both criminal, civil and traffic; and a jury management module; and an accounting module. The very challenge was how to identify which counties would pilot this system and how to design it.
Three pilots were selected in South Carolina to prove our system and the application service provider model. I wanted a small, rural county, but I also wanted to partner with a very large county or counties that had a robust information technology department already on board and, just as importantly, had some real leadership in the clerk's office and in the court system that could help sit down and


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design a system...not just one that would work for a big county but one that could work for everyone in the State.
We were lucky enough to identify a large, urban county-Greenville County-with a sophisticated county information technology department who, although they had their own system, was willing to assist and work to develop a statewide system. Paul Wickensimer, their clerk, has a profile which is a dream for this project from my point of view: BJU grad, former Southern Bell executive, former member of Greenville County Council, highly respected by all clerks of court in the system throughout South Carolina.
We had many trial level judges in the system in Greenville who are also big users of technology and really "get it" about how the system can be used to more effectively move cases and access cases in the system. But I needed a lay judge that could also deal with how to design the system from the ground up because on the criminal side, our system depends on capturing information at the moment an arrest warrant is issued and beginning to move this information up and through the system. We also have a lay judge, Diane Cagle-the chief judge, magistrate judge of Greenville, not a lawyer, but an innovator if ever there was one-who agreed to coordinate with us, and she is also highly respected by the other lay judges in the State.
Well, together, we were able to develop a system for Greenville. And then we identified Richland County, the county in which the State Capitol is located, with another great innovator-Barbara Scott, its clerk-and a small county, Pickens, at the very upper, northwest corner of the State with Lejette Gatlin, their clerk, who was also from a small, rural area but a real innovator and doesn't take "no" for an answer-work ethic: can do. These three counties joined together to design and help pilot this system. Our system will be live in these counties by mid year.
As of today, we have purchased the model for case management system from our vendor. We-the South Carolina Judicial Department-own it. We will make it our gift, our contribution, to every county. The counties will pay only maintenance and ongoing upkeep.

Network Infrastructure: Clarendon County

Let me talk for a moment about a great success story in South Carolina that has to do with how the technology works in the real world of trying cases.
Clarendon County was the site in 1953 of the filing of Briggs v. Elliott. This case, along with four others, was combined at the United States Supreme Court and known as Brown v. The Board of Education,


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the landmark case that abolished segregation in public education and accommodation in this country. This case, the Briggs case, had its genesis in this small, rural county in South Carolina.
And prior to June of this year, this courthouse had limited technology, relatively no connectivity or access. This county was going to be the site in 2003 of the Equity in Education lawsuit, a major lawsuit that deals with public funding/public education in South Carolina. Since June of 2003, collaborating with local government and with the state judicial department, we have completely rewired the entire courthouse in Clarendon and the surrounding offices that sit around the courthouse. In small, rural environments, you don't have everything just housed in one place. You've got to be very creative sometimes about how you connect. I go and see my judge in Clarendon sometimes, and I forget which door opens to his office. And I look up for that cisco router that's hanging over his door, and I know that's where he is.
We even influenced the local Holiday Inn Express, which is where the lawyers are going to stay who try this case. They installed DSL lines to accommodate our lawyers' needs. And we had a judge-Judge Tommy Cooper-who had the vision and had the respect locally to realize that we needed this to try this case, and we needed county cooperation. And we had a clerk of court, Beulah Roberts, who's also pictured on your screen who was willing to go to the ends of the earth to help make this technology work in her courthouse. We also had a court reporter, Cathie Richardson, who's also pictured. She, on her own, in less than a month, learned to use real-time transcription and used it for the first time in this very important case.

What is Happening in the Counties: Clarendon County

Well, the result was that, when the Equity in Education case began, the lawyers brought down these huge bankers' boxes that lawyers always bring to try big cases. In fact, Beulah Roberts told me they broke the elevator in the Clarendon County Courthouse bringing all these documents in. We knew that wasn't going to work as to how to try this case. They had 550 bankers' boxes-175 deposition transcripts. How was this material going to be used in a real, live trial?
Today, we have online access in this courtroom in this small town in South Carolina. Each law firm is able to access the over 18,000 documents, 60,000 pages that they've identified as documents to be put in as exhibits in this case. And each law firm has in the courtroom access to its own database and, of course, to its papers. Judicial personnel in this small courthouse have access to court records and


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legal research online. They can search and retrieve and access information from right in the courtroom. In fact, I sat, with the permission of the parties, for one day and presided with Judge Cooper. And I wanted to see how in a real, live situation he would use the technology. In fact, I know Tommy well. He's a hunt and pecker like most people are, and I wanted to know how he would actually use the keyboard. On one side, he had a computer with the exhibits. And there was a big, plasma screen showing the exhibits and sometimes snapping out pieces of text to have the witness testify. On the other side, he had a computer that had a real-time transcription of the testimony that Ms. Richardson was putting together. And he would stop that real-time and put a little carat in the margin and type in, even by hunt and peck, notes on pieces of testimony that were important that he could then go back to. That will save him months when he finally has to develop the order that will make the decisions in this complex and very important case. Major innovation is happening in one of the smallest communities in South Carolina, and much of it because of the library of information that is available on the web site accessible right at the judge's bench in that courtroom.

Year 2004 and Future

Well, what does the technology of the future look like in South Carolina? I think our adventure is just beginning. In 2004, we hope to have network connectivity for all judicial facilities in the State. We hope to deploy the statewide case management system of which I spoke to all 46 counties. We hope to have real-time interfaces with our criminal justice information system in law enforcement. We will begin to debut e-filing - electronic filing - in some civil cases in selected jurisdictions in South Carolina.

What Do the Judicial Department Efforts
Mean to Rural South Carolina?

What do these efforts mean in rural South Carolina? I call it leveling the playing field. It means that judicial personnel in our State have got equal access to electronic resources, whether they're in a small, rural facility or in one of our larger metropolitan counties. Essentially, the access to information and the consistency of the processing forms make justice an even-handed situation, whether you're in a small Allendale County or a large Richland County in South Carolina; and technology becomes an inherent part of the way we do business as a court.

Funding

How do we fund this? That's always the huge conundrum for any state court that embarks upon this kind of venture. Every state receives


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federal funds for various criminal justice and family service programs, whether it be Byrne grants, national criminal history improvement programs, court improvement programs on the social services side, or homeland security. And we have tried to leverage those criminal justice funds to also assist on the civil side to form a case management system that serves all.
We are deeply indebted to Burke Fitzpatrick and Ginger Dukes at the Department of Public Safety for the award of Bryne Grants which have meant so much to creating our system.
Our federal grant dollars have been focused primarily on our local communities. Sixty percent of the monies we've received in federal grants have been spent in counties of 200,000 or less in population. They're the counties who have the least ability to generate funds on their own. And although I have encouraged every county in South Carolina to have a stake in the action by contributing some to the effort, I've tried to concentrate the resources that the state department is able to accumulate on the counties who have the least ability to generate these funds on their own because a true linked system has to include everyone.
I'd never have been able to make this effort succeed without our legislative delegation in Washington, and particularly Senator Ernest F. Hollings. Senator Hollings years ago developed the tech system for South Carolina, and now one of his great legacies as he retires will be the introduction of a real technology system of automation for the courts of South Carolina.
Let me talk about our state funding picture. When I was elected in 1999, the system was funded at $43 million. By the time I took over, mid-year cuts had reduced that figure to $40 million and down it continued until this fiscal year, where our state general appropriation funds are at $32 million. We would have to shut down a lot of courthouses without the assistance you have provided in fines and fees, but we're still very short. Our system now receives less than $8 per capita per annum and many vital programs are being eliminated.
Let's look for a moment at the production side. For only our family court and circuit court, we have 1.3 judges per 100,000 in population, but whereas Massachusetts uses that ratio of judges to process 379 case filings per judge per year - the lowest per judge rate in the country - South Carolina's judges must process 3,378 filings per judge per year.
Note that South Carolina ranks 5th highest in the country on violent crimes per 100,000 population.

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Streamlining and doing more with less has its limits with regard to effectiveness.
South Carolina courts have not had any additional judge positions in the circuit and family courts in nine years.
In the past nine years, the total caseload in circuit and family courts in South Carolina has increased approximately seven percent (about 20 percent including summary courts).
Next year, additional trial judge positions will have to be requested. I will be actively seeking your input as I make my recommendations.

Our Challenges:
Domestic violence

I applaud and support efforts of Attorney General Henry McMaster to develop new prosecution initiatives and judicial training to tackle the curse of domestic violence. South Carolina ranks tops in the nation for deaths by domestic violence. But this statistic plays out in many other arenas. The cycle of domestic violence creates abusers in the next generation. Thank you for the work of Representatives Bob Leach, Gilda Cobb-Hunter, and Gloria Haskins in working to strengthen our laws.

Interpreters

We will continue to have more non-english speaking litigants in our courts. We must address their need for access to our courts.

Diversity

In my "State of the Judiciary Address" two years ago, I discussed our system of judicial selection. Every national meeting I attend deepens my conviction that South Carolina's basic system of legislative selection is a vast improvement over the selection methods in most states, which are money-driven and influence-tainted. We have had judicial independence in South Carolina, the hallmark of the stability of the rule of law, because of our method of judicial selection by the general assembly. But no system is perfect, and ours has the flaw that, although it reflects fairly closely, the diversity percentages within South Carolina's licensed lawyers, it does not represent the diversity of South Carolina's population. This is a problem of educating more minority lawyers as well as an issue of judicial selection. I know each of you will work to ensure that our judicial officers reflect the face of South Carolina.

Budget

I don't need to hammer you about this issue. I sat in your seat as a member in tough financial times. I simply say thank you to House and Senate leadership. Speaker Wilkins, Chairman Harrell, subcommittee


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chair Limehouse, subcommittee members Cobb-Hunter and McGee, Representative Young and Senate Chairman Leatherman, President McConnell, Senators Hutto, Land, Moore and J.V. Smith. I know you'll do what you can.

Tort Reform

This general assembly is appropriately embarked upon a thoughtful effort to improve the tort system in South Carolina. I support and applaud these efforts. There is no reason for South Carolina courts to be ranked in the 40's in business climate by the U.S. Chamber of Commerce. The biggest complaint I hear from the business community is about our venue laws. Revision in these laws will do much to level the playing field. I applaud the House of Representatives for the Bill it has passed. I'm sure the Senate will have additional good ideas. The progress of our State will be enhanced by passage of tort reform legislation.

Final Words on Technology

Technology is now integral to the South Carolina courts. E-mail and the web are now as fundamental to modern life as running water and electricity. Technology in the court-room is as much a fixture as the American flag.

Conclusion

But all the reengineering and technology will never substitute for the hard work of your statewide judiciary.
Now let me introduce the next generation of hard workers. This is my grandson, Patrick, practicing to run a front end loader at our family's Lexington mines. This is the future for which we all work.
Godspeed and God bless.

Upon conclusion of her address, Chief Justice Toal and her escort party retired from the Chamber.

ADDRESS BY THE NATIONAL COMMANDER
OF THE AMERICAN LEGION

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

S. 809 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON


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THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 24, 2004, AND TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JOHN A. BRIEDEN III, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IMMEDIATELY FOLLOWING THE STATE OF THE JUDICIARY ADDRESS BY THE HONORABLE JEAN HOEFER TOAL.

The Honorable John A. Brieden III and distinguished party were escorted to the rostrum by Senators Drummond, Matthews, Hayes, Branton and Cromer and Representatives J. E. SMITH, RHOAD, BAILEY, LEACH and D.C. SMITH.

The Lt. Governor recognized our special guests and then introduced Mr. John A. Brieden III, the National Commander of the American Legion as follows:

Thank you, Lt. Governor Bauer, for that introduction.
As I begin, I trust you will grant me a point of personal privilege so that I may introduce other leaders who accompany me today.
First, there is another Texan here and she is the leader of the nation's largest women's patriotic organization. The president of the American Legion Auxiliary--Katherine Morris.
Next are the National Executive Committee members from South Carolina, two individuals who represent this State well at the national level: R. M. "Sonny" Singletary from Cross, and Madge Davis-Sherman of Mt. Pleasant. And the two leaders of the American Legion in this State, The Department of South Carolina Commander, Bobby Gibbons from New Zion and the Department of South Carolina President, Diane Harley of Ravenel.
Seated in the audience are two other very important individuals for they keep the day-to-day operations of the Legion family going smoothly, Jimmy Hawk, the State Adjutant for The American Legion and Maggie May, the State President of the American Legion Auxiliary.
Lt. Governor Bauer, I sure wish my father could be here today to hear your introduction.
My father continues to have an influence on my life. Yet, there is one thing he cannot seem to grasp, my volunteer work, especially with the American Legion.


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My father told me about 15 years ago that I had a problem, and that problem was that I really thought that I could make a difference.
I smiled and told him that's why I do what I do, because I really do think that I can make a difference. And, you would not be sitting here today if you, too, didn't believe that what you do makes a difference for South Carolinians.
When it comes to caring for active duty military, members of the National Guard and reservists in the Palmetto State, you have taken great steps in the past months to set an example for others.
Realizing that deployed troops often are faced with pay differentials from their civilian jobs to the military job and cannot meet property tax deadlines, you extended the filing dates for them.
You ratified a Joint Resolution benefiting state employees who are members of federalized National Guard or Reserve units to use accrued annual leave and sick leave as if it were annual leave without regard to the limit on annual leave that may be used in a year.
Finally, you passed a bill requiring judges to grant continuances in cases when the party or his or her attorney is on active duty as a member of the reserves.
You see, I represent more than 2.7 million wartime veterans who proudly call themselves Legionnaires. And, we collectively must represent every man and woman who wears or has worn a U.S. military uniform in the State House and in Washington. Today, on behalf of all those proud Americans, I say 'thank you.' You are making a difference!
While you were making a difference in 'pocket book and wallet' areas, I'm proud to tell you that members of the South Carolina American Legion family, under the leadership of Commander Bobby Gibbons and President Diane Harley have made a difference. They have distributed thousands of Blue Star Service Banners to families of those serving our country.
Realizing that deployments always seem to bring unexpected problems at home, members of many American Legion Posts and Auxiliary Units have adopted National Guard units.
This 'adoption' provides an avenue of support to the families left at home that can meet a multitude of needs. From temporary financial aide to getting a water heater problem corrected, and many little challenges in between, the men and women of The American Legion family are there, doing as you do, making a difference!
About four months ago, I was visiting North Dakota. At the banquet the last evening were 9 wives, a mother and a sister of deployed

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National Guard troops, they were a somber group. They had just learned their loved ones had been extended in Iraq. All we could do is hug them and tell them we understood-been there and we cared. Not much, but it was a continuation of the support we had been giving.
One young wife was extremely bashful, but her friends told me she had written a song, recorded it, and sent it to her husband in Iraq. It basically said she missed him but she understood what he was doing was important and she was proud of him, that she wished he was home, but she supported him and would wait for him until his job over there was finished. I found she had a CD in her purse and had her sing the song to the crowd. There was not a dry eye in the house.
These young troops and their families deserve our support-they have earned it.
I want to thank all Americans, including many South Carolinians who have contributed to the American Legion's American Legacy Scholarship fund for the children of our fallen heroes. After September 11, 2001, America poured out its heart for the families of those killed that day. The American Legion knew that in the war on terrorism many more would die and their families would only receive minimal government benefits. Regrettably, we are loosing dedicated Americans to the tune of one a day in Iraq. Over 500 have died since the war began. Many leave behind young children who deserve the right to an education that their hero parent will never be there to provide.
Thanks to the generosity of many, these kids will get the chance they deserve. Tax-deductible contributions to the American Legacy scholarship insure their future. I am proud to say that every single penny contributed goes directly into the scholarship fund, The American Legion absorbs all administrative costs.
I hope that you will continue to spread the word. When these kids reach college age the bill comes due. We need to make sure the funds are there for them. It's the least we can do for these heroic Americans who gave their all.
Yesterday, I had a chance to visit with troops at Fort Jackson. I never cease to be impressed! These are great young Americans. Their technology makes what so many of us used during Vietnam appear to be a relic of another time, not simply 35 years ago. And their professionalism and reliance on the Army's Corps values was impressive. They deserve our support. They continue our heritage of service.
America's war on terrorism, which should be the world's war on terrorism, is going to require people to persevere. Unfortunately, the

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average American has a short attention span. Many are tired of hearing about the war on terrorism and want to move on.
That is why men and women such as you must make sure we maintain the effort to take care of the job at hand. You must make sure we support the troops. And, you must keep in mind that the cost of a war continues after the uniform is hung up in a closet.
I know you realize this responsibility, because South Carolina is building a new State Veterans home for veterans of previous wars in Walterboro. And, you are adding a new State Veterans cemetery in Anderson. I add my thanks to those of all veterans in South Carolina. We do appreciate the difference you are making.
Today, you are facing the potential for military reorganization that brings with it significant financial challenges. I'm talking about another round of Base Realignment and Closure recommendations slated for 2005. BRAC as it is called will be revisiting some major bases. Places that might include Fort Jackson, Parris Island, McEntire Air National Guard Base and Charleston Air Force Base.
We know that our country needs these facilities for the important role they play for today's military. We know that South Carolina needs these facilities, and the people who work and are stationed there, for the economic benefit. Let's work closely to preserve these military assets for the nation's security.
For almost half my life I've been a member of The American Legion. The American Legion makes a difference in the lives of veterans and their families, but also in the lives of the youth and in communities all across this nation, including South Carolina. The American Legion and its programs touch more people than any organization I know.
South Carolina men and women have always been in the forefront of our nation's struggles and battles over the years. South Carolinians have a history of making a difference for those in our military services and for their veterans.
You must take pride in what you have accomplished. And, you must keep your vision clearly focused on the future. Today, let us resolve to renew our efforts to make a difference, for without our commitment too much will be given over to 'chance', and that is unacceptable.
God bless you as you continue to lead and serve.
God bless the young men and women serving us in the war on terrorism.
And God bless America.


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

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 1:29 p.m. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4811 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE WOODLANDS RESORT AND INN, IN SUMMERVILLE, AND ITS STAFF, ALONG WITH MANAGER, MARTY WALL, AND OWNER, JOE WHITMORE, ON ITS UNPRECEDENTED MOBIL TRAVEL GUIDE FIVE STAR RATING AND AAA FIVE DIAMOND TRAVEL RATING.

H. 4813 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND NANCY RISER ODOM OF SPARTANBURG FOR HER TIRELESS EFFORTS TO BRIGHTEN SPARTANBURG COUNTY, THE STATE, AND THE LIVES OF OTHERS THROUGH GARDENING.

H. 4814 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION EXPRESSING THE ENCOURAGEMENT AND SUPPORT OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE BOARDS OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY IN ITS IMPORTANT ENDEAVOR TO REPLACE THE HOSPITAL FACILITIES AT THE MEDICAL UNIVERSITY.


Printed Page 1258 . . . . . Tuesday, February 24, 2004

H. 4815 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ON THE DEATH OF WILLIAM MACK CHAMBLEE OF ANDERSON COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4824 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE HOMELAND PARK ELEMENTARY SCHOOL FOR PROVIDING A QUALITY EDUCATION TO STUDENTS IN GRADES KINDERGARTEN THROUGH FIVE IN SOUTHERN ANDERSON COUNTY FOR MORE THAN FIFTY YEARS AND FOR BEING ONE OF EIGHT SCHOOLS TO RECEIVE THE NATIONAL ASSOCIATION OF YEAR ROUND EDUCATORS NATIONAL SCHOOL OF MERIT AWARD.

H. 4825 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO ROBERT R. SCOTT OF COLUMBIA, PRESIDENT OF THE SOUTH CAROLINA FORESTRY ASSOCIATION, UPON RECEIVING THE "ORDER OF THE PALMETTO" AND THANKING HIM FOR HIS MANY YEARS OF SERVICE TO THE STATE THROUGH HIS LEADERSHIP IN PROMOTING SUSTAINABLE FORESTRY AND THE WOOD AND PAPER PRODUCTS INDUSTRY.

H. 4826 (Word version) -- Reps. J. E. Smith, Quinn, 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, 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, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor,


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Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE CITY OF COLUMBIA AND THE THREE RIVERS MUSIC FESTIVAL ORGANIZATION FOR THE OUTSTANDING JOB THEY HAVE DONE TO FOSTER ECONOMIC DEVELOPMENT AND TOURISM IN THE MIDLANDS THROUGH THE PRESENTATION OF THE THREE RIVERS MUSIC FESTIVAL EACH SPRING.

ADJOURNMENT

At 1:30 p.m. the House, in accordance with the motion of Rep. J. R. SMITH, adjourned in memory of Sue Townsend, former coroner of Aiken, to meet at 10:00 a.m. tomorrow.

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