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

Wednesday, January 16, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rep. R. BROWN as follows:

Our Father God, we bow in these moments of prayer in acknowledgment of our needs of Your help. We are insufficient of ourselves, burdened by many anxieties, tempted by many temptations, and often disheartened in our weaknesses. Stretch out before us wide horizons and illuminate our paths with Your truths. We pray for light enough to walk constructively through this day, for inner strength to carry heavy burdens, to uncompromising determination to follow Your beckoning, forever to see Your way, and for wills to follow it fearlessly. Lord, in Your mercy, hear our prayer. 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. BREELAND moved that when the House adjourns, it adjourn in memory of the Honorable Arthur W. Christopher, Jr., which was agreed to.

REPORT RECEIVED

The Adoption Procedures Study Committee Report was received and was printed in the Senate Journal on Thursday, January 10.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2658
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Sales and Use Tax Regulations
Received by Speaker of the House of Representatives
January 15, 2002
Referred to Ways and Means Committee
Legislative Review Expiration May 15, 2002

Document No. 2636
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Repeal Various Sales Tax, Property Tax, Administrative, Estate Tax, Video Game and Income Tax Regulations
Received by Speaker of the House of Representatives
January 15, 2002
Referred to Ways and Means Committee
Legislative Review Expiration May 15, 2002

Document No. 2651
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Alcoholic Liquor Advertising
Received by Speaker of the House of Representatives
January 15, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 15, 2002

Document No. 2662
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Administrative, License Tax, Income Tax and Property Tax Regulations
Received by Speaker of the House of Representatives
January 15, 2002
Referred to Ways and Means Committee
Legislative Review Expiration May 15, 2002

Document No. 2695
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
The Repeal of Various Alcoholic Beverage Regulations
Received by Speaker of the House of Representatives
January 15, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 15, 2002

Document No. 2650
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Alcoholic Beverage Commission Name and Cite Change
Received by Speaker of the House of Representatives
January 15, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 15, 2002

Document No. 2672
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-1-140(11)
Retail Food Establishment Inspection Fees
Received by Speaker of the House of Representatives
January 16, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 16, 2002

Document No. 2697
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-39-10 et seq.
Chapter 30. Apply for a Permit, Decision on a Permit
Chapter 61: Environmental Protection Fees
Received by Speaker of the House of Representatives
January 16, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 16, 2002

Document No. 2698
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-14-10 et seq.
Standards for Stormwater Management and Sediment Reduction
Received by Speaker of the House of Representatives
January 16, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 16, 2002

Document No. 2670
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-140, 48-1-30
Standards of Performance for Asbestos Projects
Received by Speaker of the House of Representatives
January 16, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 16, 2002

REPORT OF STANDING COMMITTEE

Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4264 (Word version) -- Reps. Stille, Carnell and Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME STATE HIGHWAY 72 RUNNING FROM MARKER 1-1-40 IN ABBEVILLE COUNTY TO THE EASTERN TOWN BOUNDARY OF CALHOUN FALLS THE "GRADY L. PATTERSON, JR. HIGHWAY" IN HONOR OF THE DEDICATION, LOVE, AND SERVICE GRADY L. PATTERSON, JR., HAS EXHIBITED OVER HIS LIFETIME FOR HIS STATE AND COUNTRY, CULMINATING IN HIS WORK AS THE STATE TREASURER OF SOUTH CAROLINA AND HIS PROMOTION TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA AIR NATIONAL GUARD.
Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 829 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 16, 2002, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

S. 829--ADOPTED AND SENT TO THE SENATE

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

S. 829 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 16, 2002, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

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

That His Excellency, James H. Hodges, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 16, 2002, in the Chamber of the South Carolina House of Representatives.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 878 (Word version) -- Senators Hutto and Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE BRAVE MEN AND WOMEN OF THE ORANGEBURG UNITS OF THE SOUTH CAROLINA NATIONAL GUARD AND TO HONOR THEIR SELFLESS SERVICE TO THEIR COMMUNITY, THE STATE, AND THE NATION BY DECLARING SATURDAY, JANUARY 26, 2002, AS "ORANGEBURG NATIONAL GUARD UNIT APPRECIATION DAY".

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 880 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE SOUTH CAROLINA BROADCASTERS ASSOCIATION AND THE SOUTH CAROLINA PRESS ASSOCIATION FOR DONATING THEIR ADVERTISING TIME DURING "TRAVEL AND TOURISM MONTH" - NOVEMBER 2001.

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

HOUSE RESOLUTION

The following was introduced:

H. 4520 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION EXTENDING CONGRATULATIONS TO MR. AND MRS. HAROLD J. "PETE" PRICE OF LEXINGTON COUNTY ON THE JOYOUS OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND EXPRESSING BEST WISHES TO THE PRICES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4509 (Word version) -- Reps. Kelley, Walker, Loftis, Chellis, Davenport, Sinclair and Snow: A JOINT RESOLUTION TO APPROPRIATE ALL REVENUES CREDITED TO THE EDUCATION LOTTERY ACCOUNT FROM JANUARY 1, 2002, THROUGH JUNE 30, 2002, TO THE STATE DEPARTMENT OF EDUCATION TO PURCHASE NEW SCHOOL BUSES AND TO APPROPRIATE FOR THIS SAME PURPOSE SEVENTY-FIVE PERCENT OF ALL REVENUES CREDITED TO THE EDUCATION LOTTERY ACCOUNT FROM JULY 1, 2002, THROUGH DECEMBER 31, 2002, WHICH ARE DERIVED FROM UNCLAIMED LOTTERY PRIZE MONEY.
Referred to Committee on Ways and Means

H. 4510 (Word version) -- Reps. Stille, Simrill, Sharpe, Moody-Lawrence, Phillips, Allison, Barfield, Barrett, Bowers, Davenport, Easterday, Emory, Freeman, Gourdine, Hayes, Hinson, Hosey, Keegan, Littlejohn, Lloyd, Martin, McCraw, Merrill, J. M. Neal, Neilson, Parks, Riser, Sandifer, Sinclair, J. E. Smith, J. R. Smith, Taylor, Thompson, Trotter, Walker, White and Witherspoon: A BILL TO AMEND SECTION 43-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF THE BLIND AND DISABLED PERSONS TO USE PUBLIC FACILITIES AND ACCOMMODATIONS, SO AS TO PROVIDE THAT ANY TRAINER OF A GUIDE DOG, WHILE TRAINING A GUIDE DOG, HAS THE SAME RIGHTS AND PRIVILEGES WITH RESPECT TO ACCESS TO PUBLIC FACILITIES AND ACCOMMODATIONS AS BLIND AND DISABLED PERSONS.
On motion of Rep. STILLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4511 (Word version) -- Reps. Rice, Robinson, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. RICE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4512 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO AUTHORIZE A PATIENT ASSISTANT TO PROVIDE FEEDING AND HYDRATION SERVICES TO PATIENTS IN NURSING HOMES UNDER THE ONSITE SUPERVISION OF A LICENSED HEALTHCARE PROFESSIONAL IF THE ASSISTANT HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM AND COMPETENCY EVALUATION CONDUCTED BY THE NURSING HOME.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4513 (Word version) -- Reps. Kelley, Jennings, Askins, Barfield, Battle, Coates, Edge, Freeman, Hayes, J. Hines, M. Hines, Keegan, Kennedy, Lucas, McGee, Miller, Neilson, Snow and Witherspoon: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ESTABLISH THE DESIGNATION OF "DISTRESSED COUNTY", PROVIDE THE CRITERIA FOR THE DESIGNATION AND ALLOW A TAX CREDIT EQUAL TO EIGHT THOUSAND DOLLARS FOR EACH NEW FULL-TIME JOB CREATED IN A DISTRESSED COUNTY, TO LIMIT THE "DISTRESSED" DESIGNATION TO NO MORE THAN SIX COUNTIES, AND TO PROVIDE FOR GROUPS OF AT LEAST SIX, BUT NOT MORE THAN TEN, CONTIGUOUS COUNTIES TO JOIN IN A REGIONAL ALLIANCE AREA TO PROMOTE REGIONAL DEVELOPMENT AND TO ALLOW A COUNTY IN THE ALLIANCE TO BE DESIGNATED AS A "LEAST DEVELOPED COUNTY" IF CERTAIN AVERAGE UNEMPLOYMENT CRITERIA ARE MET IN THE COUNTIES COMPRISING THE ALLIANCE AREA COUNTIES; AND TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO CONFORM THE USE OF FUND REVENUES TO THE "DISTRESSED COUNTY" DESIGNATION AND TO INCREASE FROM FIVE TO TEN MILLION DOLLARS THE THRESHOLD ABOVE WHICH TWENTY-FIVE PERCENT OF FUND REVENUES MUST BE AVAILABLE FOR GRANTS IN COUNTIES ABOVE THE BOTTOM TWO DESIGNATIONS.
Referred to Committee on Ways and Means

H. 4514 (Word version) -- Reps. McGee, Knotts, Bingham, Coates, Koon, Lourie and Whatley: A BILL TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION, THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING AS A MEMBER OF THE NATIONAL GUARD, THE STATE GUARD, OR A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLUS NINETY DAYS.
Referred to Committee on Judiciary

H. 4515 (Word version) -- Reps. Knotts, Whatley, Quinn, Loftis, M. Hines, Rutherford, G. Brown, Meacham-Richardson, A. Young, Wilkins, Battle, Bingham, Bowers, Dantzler, Emory, Fleming, Frye, Jennings, Koon, Law, Leach, Limehouse, Lloyd, McGee, Miller, J. M. Neal, Rivers, Sharpe, G. M. Smith, J. E. Smith, J. R. Smith, Taylor, Trotter, Webb and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-447 SO AS TO PROVIDE THAT A RETIRED LAW ENFORCEMENT OFFICER MAY RETURN TO ACTIVE DUTY WITHOUT COMPLETING LAW ENFORCEMENT TRAINING AT THE CRIMINAL JUSTICE TRAINING ACADEMY UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

H. 4516 (Word version) -- Reps. Sharpe, Witherspoon and Ott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 120 OF 2001, RELATING TO ESTABLISHMENT OF A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL, SO AS TO EXTEND THE THREE-YEAR PILOT PROJECT TO SIX YEARS AND PROVIDE THAT UNTIL JULY 1, 2007, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4517 (Word version) -- Reps. Sharpe and Wilkins: A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.
On motion of Rep. SHARPE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4518 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO THE GRADUATED BUSINESS LICENSE TAX, A COUNTY MAY IMPOSE A FLAT BUSINESS LICENSE TAX IN AN AMOUNT NOT TO EXCEED FIFTEEN DOLLARS THROUGHOUT THE COUNTY.
Referred to Committee on Ways and Means

H. 4519 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES THE DEPARTMENT MAY ISSUE A SPECIAL LICENSE PLATE WHICH HAS IMPRINTED ON IT THE EMBLEM, SEAL, OR ANOTHER SYMBOL OF AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(8) OF THE FEDERAL INTERNAL REVENUE CODE.
Referred to Committee on Education and Public Works

ROLL CALL

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

Allen                  Altman                 Askins
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Hamilton               Harrell
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Sinclair
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Weeks                  Whatley                Whipper
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 16.

Merita Allison                    James Harrison
Jerry Govan                       Douglas Jennings
Todd Rutherford                   Jake Knotts
Gary Simrill
Total Present--124

STATEMENTS OF ATTENDANCE

Reps. HARRISON and GOVAN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, January 15.

DOCTOR OF THE DAY

Announcement was made that Dr. Daniel W. Brake of Charleston is the Doctor of the Day for the General Assembly.

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. 4411 (Word version)
Date:     ADD:
01/16/02     MCLEOD

CO-SPONSOR ADDED

Bill Number:     H. 4507 (Word version)
Date:     ADD:
01/16/02     BINGHAM

CO-SPONSOR REMOVED

Bill Number:     H. 4433 (Word version)
Date:     REMOVE:
01/16/02     MEACHAM-RICHARDSON

H. 4464--RECONSIDERED, AMENDED AND SENT TO THE SENATE

Rep. COATES, with unanimous consent, moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to:

H. 4464 (Word version) -- Reps. McGee, Coates, M. Hines, J. Hines and Askins: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY TO ADJUST THE SCHOOL DISTRICT'S TAX MILLAGE FOR THE 2002-2003 SCHOOL YEAR TO OFFSET THE MIDYEAR BUDGET CUTS MANDATED BY THE BUDGET AND CONTROL BOARD OF THE STATE OF SOUTH CAROLINA FOR THE SCHOOL DISTRICT DURING THE 2001-2002 SCHOOL YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR SHALL LEVY THE MILLAGE UPON ALL PROPERTY WITHIN THE SCHOOL DISTRICT, AND THE COUNTY TREASURER SHALL COLLECT THE TAXES LEVIED AND DISBURSE THE FUNDS.

Reps. COATES and MCGEE proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22251CM02), which was adopted:
Amend the bill, as and if amended, page 3, by striking Section 13 in its entirety and inserting:
/SECTION     13.     Notwithstanding any other provision of law, the board is hereby authorized to increase for Fiscal Year 2003 the number of mills levied for operation and maintenance of the School District. For Fiscal Year 2003 the board may increase the millage levy over the Fiscal Year 2002 millage levy by the number of mills determined by the board to be necessary to replace any decrease in state appropriations to the School District from the amount of state appropriations anticipated in the School District's budget for Fiscal Year 2002 as originally adopted. For Fiscal Year 2004 the board shall reduce the millage rate by the number of mills that were levied pursuant to this act. In subsequent fiscal years, the board shall not increase the number of mills levied for operations and maintenance of the School District over that levied for Fiscal Year 2002 except as provided by Act 239 of 1981 and the general law of the State. /
Amend totals and title to conform.

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

The Bill, as amended, was read the third time and ordered sent to the Senate.

H. 4497--DEBATE ADJOURNED

Rep. BINGHAM moved to adjourn debate upon the following Joint Resolution until Thursday, January 17, which was adopted:

H. 4497 (Word version) -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

ORDERED TO THIRD READING

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

H. 4502 (Word version) -- Reps. Walker and Davenport: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT MUST RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

S. 511 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO REQUIRE A SUBSTANTIVE QUALITY REVIEW IN EACH COUNTY EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, AND TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED.

H. 3678--DEBATE ADJOURNED

The following Bill was taken up:

H. 3678 (Word version) -- Reps. Rice and Whipper: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22129CM01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION     1.     Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-210.     (A)     Persons A person who newly acquiring vehicles acquires a vehicle and owners of foreign vehicles or an owner of a foreign vehicle being moved into this State and required to be registered under this chapter, may have not more than forty-five days in which to register and license them. before operating the vehicle on the state's highways during the forty-five day period contained in this section must:

(1)     transfer a license plate from another vehicle pursuant to subsection (D) of this section and Section 56-3-1290;

(2)     purchase a new license plate and registration;

(3)     purchase a temporary license plate from the Division of Motor Vehicles pursuant to subsection (B) of this section;

(4)     purchase a temporary license plate from the county auditor's office in the county in which the person resides pursuant to subsection (b)_of this section; or

(5)     obtain a temporary license plate from a dealer of new or used vehicles pursuant to subsection (C) of this section.

(B)     The Division of Motor Vehicles, or the county auditor's office must, upon proper application, issue a temporary license plate approved by the Division of Motor Vehicles to an applicant pursuant to subsection (A) of this section. The Division of Motor Vehicles or the county auditor's office must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Division of Motor Vehicles may require. The expiration date may not extend beyond forty-five days from the vehicle's date of purchase. A bill of sale must be maintained in the vehicle at all times to verify its date of purchase to a law enforcement officer. The bill of sale must provide a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. The Division of Motor Vehicles may charge a five dollar fee for the temporary license plate which the Comptroller General must place into a special restricted account to be used by the division to defray the expenses of the division associated with the production and issuance of the temporary license plates. The county auditor's office also may charge a five dollar fee for the temporary license plate to defray the expenses of the county auditor's office associated with the production and issuance of the temporary license plates.

(C)     A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. A bill of sale must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A dealer who issues a temporary license plate or allows a temporary license plate to be issued in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.

(D)     If a person intends to transfer a license plate from one vehicle to another vehicle, he may place the license plate to be transferred on the newly acquired vehicle on the date of its purchase. The bill of sale and registration which corresponds to the license plate must be maintained in the newly acquired vehicle at all times to verify its date of purchase to a law enforcement officer. The purchaser must register the vehicle with the Division of Motor Vehicles within forty-five days from its purchase date.

(E)     A person must replace a temporary license plate issued pursuant to this section with a permanent license plate and registration card as required by Section 56-3-110 within forty-five days of acquiring the vehicle or moving a foreign vehicle into this State. A person who operates a vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."
SECTION     2.     Section 56-3-220 of the 1976 Code is repealed.
SECTION     3.     This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. STUART explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. STUART continued speaking.
Rep. HOWARD spoke against the amendment.

POINT OF ORDER

Rep. TROTTER raised the Point of Order that the Bill was out of order under Rule 4.4 in that it was a statewide Bill, which directly appropriated money and should be referred to the Ways and Means Committee before being considered by the House.
SPEAKER PRO TEMPORE W.D. SMITH overruled the Point of Order.

Rep. HOWARD continued speaking.
Rep. LOFTIS spoke against the amendment.

Rep. LOFTIS moved to adjourn debate on the Bill until Thursday, January 31.

Rep. RICE moved to table the motion.

Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 30; Nays 85

Those who voted in the affirmative are:

Bingham                Campsen                Coates
Easterday              Emory                  Frye
Hamilton               Harrell                Harvin
Huggins                Knotts                 Koon
Limehouse              Littlejohn             Lourie
Martin                 McGee                  Miller
Neal, J.M.             Owens                  Quinn
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Smith, D.C.
Stille                 Stuart                 Young, A.

Total--30

Those who voted in the negative are:

Allen                  Askins                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Edge                   Fleming
Freeman                Gilham                 Gourdine
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Law                    Leach                  Lee
Lloyd                  Loftis                 Lucas
Mack                   McCraw                 McLeod
Meacham-Richardson     Merrill                Moody-Lawrence
Neal, J.H.             Neilson                Ott
Parks                  Perry                  Phillips
Rhoad                  Rivers                 Robinson
Rutherford             Scott                  Sharpe
Sheheen                Sinclair               Smith, F.N.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Snow                   Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whipper
White                  Wilder                 Witherspoon
Young, J.

Total--85

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Thursday, January 31, which was agreed to.

H. 4392--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4392 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM.
Rep. HARRISON proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20859SD02):
Amend the bill, as and if amended, by striking items (10) and (11) of Section 8-17-370 of the 1976 Code, as contained in SECTION 1, and inserting:

/     (10)     teaching or research faculty, professional librarians, academic administrators, or other persons holding faculty appointments at a four-year post-secondary educational institution, including branch campuses of the University of South Carolina, if any, as defined in Section 59-107-10, except the technical education colleges and centers;

(11)     athletic coaches and unclassified employees in the athletic departments of four-year post-secondary educational institutions as defined in Section 59-107-10 except the technical education colleges and centers; /
Amend further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION     ____.     Section 59-53-52(8) of the 1976 Code is amended to read:

"(8)     Employ the institutional chief administrative officer respective technical college president, who shall be employed at the will of the area commission from a list of at least three candidates recommended by a committee consisting of the chairman of the area commission or designated commission member, the chairman of the board or designated state board member and one area president appointed by the two aforementioned persons;" /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. CAMPSEN having the floor.

SPEAKER IN CHAIR
H. 4465--RECALLED FROM FLORENCE DELEGATION

On motion of Rep. COATES, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Florence Delegation:

H. 4465 (Word version) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 2002 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN TEN MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 2002 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4521 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION EXPRESSING SINCERE SORROW AT THE DEATH OF STERLING LEE SMITH OF LEXINGTON, NORTH CAROLINA, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4522 (Word version) -- Reps. Ott, Sharpe and Witherspoon: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO REQUIRE THE UNITED STATES FISH AND WILDLIFE SERVICE PROVIDE THE STATE OF SOUTH CAROLINA AND THE ATLANTIC FLYWAY STATES WITH THE SAME WATERFOWL SEASON FRAMEWORK AFFORDED THE SIX STATES IN THE LOWER MISSISSIPPI FLYWAY, AND TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR AGGRESSIVELY PURSUING THE REGULATORY OPTIONS NECESSARY TO PROVIDE HUNTERS IN SOUTH CAROLINA WITH THE SAME WATERFOWL HUNTING OPPORTUNITIES AFFORDED TO HUNTERS IN OTHER STATES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4523 (Word version) -- Rep. Law: A BILL TO AMEND SECTION 56-5-4070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM LENGTH OF VEHICLE COMBINATIONS THAT MAY BE OPERATED ON THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS, SO AS TO REVISE THE MAXIMUM LENGTH OF TWO AND THREE UNIT COMBINATIONS ON CERTAIN HIGHWAYS, AND TO DELETE A PROVISION THAT RESTRICTS THE TYPES OF COMBINATION OF VEHICLES COUPLED TOGETHER THAT CONSIST OF MORE THAN TWO UNITS.
Referred to Committee on Education and Public Works

H. 4524 (Word version) -- Reps. Clyburn, Hosey, Fleming and Harvin: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE ADMISSION TO STATE PARKS AND REDUCED RATES FOR USE OF PARK CAMPSITES, SO AS TO EXTEND THESE PRIVILEGES TO PUBLIC SCHOOL TEACHERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4525 (Word version) -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
On motion of Rep. HARVIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4526 (Word version) -- Rep. Harvin: A BILL TO AMEND ACT 593 OF 1986 RELATING TO THE ELECTION AND APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 IN CLARENDON COUNTY, SO AS TO INCREASE THE APPOINTED MEMBERS OF THE BOARD FROM TWO TO FOUR AND TO ESTABLISH TWO-YEAR TERMS FOR ALL MEMBERS APPOINTED AFTER 2001.
On motion of Rep. HARVIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4527 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 37-2-417 AND 37-3-417 SO AS TO PROVIDE THAT AN AMBIGUITY IN A CREDIT AGREEMENT OR BILLING STATEMENT IN CONNECTION WITH A SELLER CREDIT CARD OR LENDER CREDIT CARD, RESPECTIVELY, BE RESOLVED IN FAVOR OF THE CONSUMER HOLDER OF THE CARD.
Referred to Committee on Labor, Commerce and Industry

H. 4392--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. CAMPSEN having the floor:

H. 4392 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM.

Rep. HARRISON proposed the following Amendment No. 1 (Doc name COUNCIL\GJK\AMEND\20859SD02), which was adopted:
Amend the bill, as and if amended, by striking items (10) and (11) of Section 8-17-370 of the 1976 Code, as contained in SECTION 1, and inserting:

/     (10)     teaching or research faculty, professional librarians, academic administrators, or other persons holding faculty appointments at a four-year post-secondary educational institution, including its branch campuses, if any, as defined in Section 59-107-10, except the technical education colleges and centers;

(11)     athletic coaches and unclassified employees in the athletic departments of four-year post-secondary educational institutions as defined in Section 59-107-10 except the technical education colleges and centers; /
Amend further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION     ____.     Section 59-53-52(8) of the 1976 Code is amended to read:

"(8)     Employ the institutional chief administrative officer respective technical college president, who shall be employed at the will of the area commission from a list of at least three candidates recommended by a committee consisting of the chairman of the area commission or designated commission member, the chairman of the board or designated state board member and one area president appointed by the two aforementioned persons;" /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN continued speaking.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4404--RECOMMITTED

The following Bill was taken up:

H. 4404 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 59-53-52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF AREA TECHNICAL EDUCATION COMMISSIONS, SO AS TO REVISE THE MANNER OF EMPLOYMENT AND THE EMPLOYMENT RELATION OF AREA TECHNICAL COLLEGE PRESIDENTS.

Rep. CAMPSEN moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

ORDERED TO THIRD READING

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

H. 4498 (Word version) -- Rep. Quinn: A JOINT RESOLUTION TO PROVIDE THAT BEGINNING FEBRUARY 1, 2002 THROUGH JUNE 30, 2003, NURSING HOMES MUST PAY AN ANNUAL FRANCHISE FEE BASED UPON THE TOTAL PATIENT DAYS SERVED BY THE NURSING HOME MULTIPLIED BY A THREE DOLLAR PER PATIENT DAY FEE AND TO FURTHER PROVIDE FOR THE CALCULATION AND COLLECTION OF THIS FEE.

Rep. QUINN explained the Joint Resolution.

Rep. EASTERDAY moved that the House recede until 6:40 p.m., which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4446 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Carnell, Fleming, Harrell, Harrison, Kelley, Meacham-Richardson, Sharpe, Townsend and Vaughn: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 16, 2002, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

H. 4488 (Word version) -- Reps. Knotts, Bingham, Frye, Huggins, Koon, Riser and Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. WILSON O. SHEALY OF SWANSEA, SOUTH CAROLINA, FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AS A COMMISSIONER ON THE LEXINGTON COUNTY REGISTRATION AND ELECTIONS COMMISSION AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS.

H. 4490 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE 2001 CLEMSON UNIVERSITY "TIGERS" FOOTBALL TEAM AND HEAD COACH TOMMY BOWDEN ON THEIR OUTSTANDING WINNING SEASON AND TO APPLAUD THE CLEMSON "TIGERS" ON THEIR TREMENDOUS VICTORY IN THE 2001 HUMANITARIAN BOWL.

H. 4491 (Word version) -- Reps. G. M. Smith, J. Young and Weeks: A CONCURRENT RESOLUTION EXPRESSING SORROW REGARDING THE DEATH OF EDWIN C. CUTTINO OF SUMTER COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4504 (Word version) -- Reps. J. Brown, Allen, Breeland, R. Brown, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks and Whipper: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE RALPH ANDERSON, SENATOR, DISTRICT NUMBER 7, GREENVILLE COUNTY, ON BEING CHOSEN AS ONE OF THE TOP TWENTY-FIVE LEADERS OF GREENVILLE BY THE GREENVILLE NEWS, AND SALUTING SENATOR ANDERSON FOR HIS OUTSTANDING, DEDICATED PUBLIC SERVICE.

H. 4505 (Word version) -- Reps. Allison, Davenport, Lee, Littlejohn, Sinclair, W. D. Smith, Talley, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION COMMENDING AND THANKING F. HUGH ATKINS OF SPARTANBURG COUNTY FOR HIS DEDICATED AND DISTINGUISHED SERVICE AS SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION COMMISSIONER FOR THE FOURTH CONGRESSIONAL DISTRICT.

H. 4506 (Word version) -- Reps. Townsend, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF FORMER LEGISLATOR, LEWIS PHILLIPS OF GREER, ON WEDNESDAY, DECEMBER 19, 2001, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

THE HOUSE RESUMES

At 6:40 p.m. the House resumed, the SPEAKER in the Chair.

HOUSE STANDS AT EASE

On motion of SPEAKER PRO TEMPORE W. D. SMITH the House stood at ease subject to the call of the Chair.

THE HOUSE RESUMES

At 6:55 p.m. the House resumed, the SPEAKER in the Chair.

JOINT ASSEMBLY

At 7:00 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.

H. 4446 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Carnell, Fleming, Harrell, Harrison, Kelley, Meacham-Richardson, Sharpe, Townsend and Vaughn: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 16, 2002, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Governor James H. Hodges and distinguished party were escorted to the rostrum by Senators Courson, McGill, Richardson, Pinckney and Verdin and Representatives NEILSON, MCCRAW, LIMEHOUSE, LEACH and COBB-HUNTER. The President of the Senate introduced Governor Hodges who then addressed the Joint Assembly as follows:

State of the State Address
Governor Jim Hodges

January 16, 2002

Ladies and gentlemen, Members of the General Assembly, honored guests, please join me in honoring our nation with the words of the Pledge of Allegiance.
I pledge allegiance to the flag of the United States of America ... and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
Thank you.
Four months ago, our President stood before Congress to address the nation in the wake of the tragic events of September 11. Many Americans asked the simple questions: What is expected of me in this time of crisis? What can I do to help? How can I make a difference in America?
President Bush said we must first continue fully living our lives. Then, we all have a job to do -- both at home and overseas.
My friends, we have heeded the President's words. Across South Carolina, people have rallied around our country and touched those in need.
South Carolinians like James "Smitty" Smith of Lake City. On September 11, Smitty was working at the Pentagon when the attack on America occurred. He put his own life in danger to save the lives of others. Yet, Master Sergeant Smith describes himself simply as one of many who reached out to help. Master Sergeant, please stand and be recognized.
Who can forget the students of White Knoll Middle School in Lexington? They heard the story of a New York fire station sending a fire engine to Columbia after the Civil War. The students decided a 135-year-old debt should be paid off. Over the next few months, these students led a fund drive and raised over $500,000. On Thanksgiving Day, they delivered a check for a new fire truck to Mayor Rudy Giuliani. I ask the student leaders of White Knoll to stand and be recognized.
Tonight, more than 200 South Carolina National Guardsmen are on duty overseas as part of Operation Enduring Freedom -- our war on terrorism. They include the Swamp Foxes, F-16 fighter pilots and their support teams from McEntire. I ask General Spears, our National Guard Adjutant General, to please stand and accept our thanks for the job South Carolina's service men and women are doing to protect our country.
These are the faces of September 11 -- of tragedy and tears... of courage and hope ... of character and optimism. These great South Carolinians remind us what matters in life -- God's gift of a free country, caring communities, and loving families.
Members of the General Assembly, as we move forward in this important legislative session, let us do so with that same sense of purpose they have shown. Let us avoid the poison of partisanship. Let us agree respect will be our watchword... cooperation our mission.
And look what we have accomplished by working together.
Old controversies have been resolved. The nation's nuclear waste is headed elsewhere. Our innovative SILVERxCard program is helping nearly 40,000 vulnerable seniors afford prescription drugs. Palmetto Pride has reduced trash on our roads.
We've broken records in job creation. We've kept our taxes among the lowest in the country. We've even added a new tax-free shopping holiday every August to help our families.
We've focused like a laser beam on improving public education. Now our efforts are paying off.
First in the nation in SAT improvement, fourth in improving teacher quality, and third in the nation in the number of nationally certified teachers -- an increase of more than 7,500 percent. And last week, Education Week announced that South Carolina is one of the leading states in educational improvement.
Our new education lottery is a great success! It has sold almost twenty million dollars in tickets... in the first week alone. This new revenue will open the door of educational opportunity for scores of South Carolinians of all ages.
Ladies and gentlemen, we can take pride in these accomplishments. And if these were ordinary times, we could spend this evening reflecting on their impact. But we dare not, because we are faced with two new factors in our lives.
Our economy is suffering and America is at war.
For the first time since World War Two, we must plan for homeland security. At the request of the White House, I have ordered the National Guard to protect our state's airports. Until the federal government completes improvements to airport security, these brave men and women will provide an extra measure of safety for passengers.
We have created a new Office of Homeland Security to better protect our State.
Our Director of Homeland Security, General Steve Siegfried, and our team hit the ground running after September 11. In just two short months, they successfully responded to the threat of anthrax. Safety procedures at our ports and nuclear power plants were reviewed and improved. Our National Guard was selected for special civilian disaster training. And we signed a mutual aid agreement with our neighbors in North Carolina.
But the terrorist attack opened our eyes to a whole new set of challenges.
General Siegfried has worked with me to prepare sweeping anti-terrorism legislation. This legislation will make the Palmetto State a national leader. It includes antiterrorism training for our police, firefighters and healthcare workers. We must also improve information sharing between law enforcement agencies at all levels. And we must upgrade the capabilities of our public health agencies to deal with the threat of bio-terrorism.
And I am asking National Homeland Security Director, Tom Ridge, to partner with us and make South Carolina the model for homeland security.
While we are talking about making our State safer, I want to address the issue of plutonium shipments to the Savannah River Site in Aiken. The people of South Carolina have a long and proud history of supporting the defense of our country.
Several years ago, we agreed to convert weapons-grade plutonium at SRS. We asked one thing of the federal government -- find another location to dispose of it. Recently, the federal government broke its commitment and began planning shipments of plutonium to South Carolina without a disposition plan. This is unacceptable.
Plutonium is one of the most hazardous materials known to man. Even a very small amount can be lethal. As a nuclear explosive, a few pounds of weapons-grade plutonium, fashioned into a bomb, could decimate several square miles of our State and make a whole county uninhabitable for years.
Dumping this weapons-grade plutonium in our State turns us into a terrorist target. We cannot allow the federal government to paint a bullseye on South Carolina.
But as we work to keep our citizens safe, we cannot afford to lose sight of our other big priorities--those kitchen table concerns of everyday families.
Before the terrorist attacks, our national economy was slowing. But September 11 made things worse. The impact was felt across the nation and here in South Carolina as well.
The good news is that our economy shows signs of improvement. But we will not simply stand by and wait for a recovery. We will respond to our State's needs with vigor.
The first positive step is to pass a responsible budget. Last year, we responded to the state's budget challenges by downsizing state government by nearly $200 million while protecting our core priorities of education and health care.
Our State still faces a budget crunch. But we must see this as a challenge--not an obstacle. We can manage this budget or let it manage us. The decision is ours. I say let's keep our State moving forward. Let's think outside the box. Let's use every ounce of creativity to protect our progress... in education, health care, and public safety.
To balance our state budget, let's agree on another important point: no tax increases. Our fellow citizens are struggling to make ends meet and simply cannot afford to pay more. Like every family experiencing a financial crunch, we'll just have to tighten our belts.
Fortunately, there's an easy way to start. Every day the legislature operates costs the taxpayers $60,000. If Florida can do the people's business in 60 days, and Texas can do it with a legislature that meets only once every other year, then South Carolina can do the people's business in two months.
For years, Speaker Wilkins has introduced a bill to shorten the legislative session. I am proud tonight to endorse the Speaker's bill.
However, even before the Speaker's bill passes, it is within the legislature's power to wrap up the people's business in 60 days. Speaker Wilkins ... Lt. Governor Peeler ... let's agree tonight to put some bipartisan muscle to work, to finish the people's business in two months, and to save taxpayers millions of dollars.
Our efforts to help those affected by the economy do not stop with the budget alone.
For the past decade, South Carolina has been blessed with a robust economy. Even as our economy slowed, our Department of Commerce has a strong record... more than $11 billion in capital investment and 50,000 new jobs during the last two years.
We have a great business climate. And I have every confidence that our State will continue attracting new jobs and investments as our economy improves.
But one industry in our State needs special attention. Textile workers have suffered job losses due to unfair and illegal foreign competition, and countries are routinely ignoring our trade agreements.
We cannot control the national economy, but we can fight to protect our jobs. Our nation must recognize the importance of a strong manufacturing base to our American way of life.
More than 30,000 South Carolina textile jobs have been lost in the past decade. We'll lose more if immediate action is not taken. My friends, this is not just a South Carolina crisis. It's a national crisis. A great nation cannot fight a war if its clothing, guns, and planes are made someplace else.
Let's stand up for textile workers by sending a message to our national leaders. We must enforce our international trade agreements and stop sending our textile jobs overseas.
And while we are sending messages to Washington, let's send one on behalf of all South Carolinians who have lost their jobs. Our state's one-stop employment and training system is helping unemployed workers find new jobs. But they need help making ends meet. Join me in urging our national leaders to help families keep their health insurance until they find new jobs. And join me in requesting an additional fourteen weeks of unemployment compensation for those trying to find work.
Of course, the best response to job loss is job creation. It's not enough to protect old jobs and respond to layoffs. We must set ambitious goals for new jobs. In that regard, I am challenging Team South Carolina to create at least 25,000 new jobs and additional private investment of at least $6 billion this year.
But our vision for the economic future of our State must also include a role for the New Economy. For the past six months, my Technology Transition Team has been hard at work identifying ways for South Carolina to become a leader in high tech jobs. Several key elements of this plan require immediate attention.
First, we must recognize the role our universities play in fostering new ideas that create jobs. Look no further than Atlanta, Georgia; the Research Triangle in North Carolina; and Austin, Texas to see the impact a research university has on economic development. Our universities can also be engines of economic opportunity. But only if we dramatically increase research funding to support promising new ideas. I am calling on the legislature to create a new fund to support research at our universities with $40 million in lottery proceeds.
This research fund will support new centers of excellence, like an automotive center at Clemson. At this center, the latest automotive technologies and designs can be tested and perfected by the world's top engineers and students. South Carolina will become a magnet for exciting new ideas in the automotive field. And we will become a world leader in new automotive engineering jobs as well.
I also urge you to enact legislation that authorizes certified capital companies. This will create a venture capital pool of $100 million for new technology companies. This will put South Carolina in the center of the New Economy.
These measures will help South Carolina during this economic slowdown, but the greatest insurance against future slumps is to have the best-educated workforce in America. To do that, we must demand excellence from our public schools.
Here's what we will do next to create the world-class schools South Carolina deserves.
Let us start with the school buildings themselves. We are already making record strides in replacing portable classrooms with bricks and mortar. Our historic billion-dollar investment has moved us toward our goal -- without raising taxes. But there are still more than 3,000 portable classrooms in the State.
It is simply unacceptable to send our children to school in leaky, portable classrooms. We need our own Marshall Plan for school buildings.
Tonight, I am announcing a school building initiative called Palmetto Builds! Palmetto Builds! has a simple goal--move our kids out of portable classrooms into modern classrooms without raising taxes.
Palmetto Builds! will create a School Infrastructure Bank, similar to our Highway Infrastructure Bank, that will allow districts to save on financing, purchasing and interest costs. Ultimately, the bank can use existing debt service and state revenues to give all of our children--in rich and poor districts--classrooms the entire country will envy.
Even while we improve the buildings, we must help the teachers who work there.
We've done a good job of meeting the Southeastern average salary for teachers. But if we want to continue attracting the best and brightest professionals, South Carolina must pay our teachers a salary of national caliber.
Tonight, I ask you to make a commitment to raise our teachers' pay to the national average within the next five years.
We must also support excellence among South Carolina's educators by encouraging even more teachers to become nationally certified.
When I took office, we had seventeen of these outstanding professionals in our classrooms. I set the goal of 500 nationally certified teachers by 2002. Well, we passed that goal early, and there are now 1,300 nationally certified teachers in South Carolina.
Some critics say we have too many nationally certified teachers. They say we should discontinue incentives for teachers to become nationally certified. I disagree. It's time to set the bar higher, not lower. There is no reason we cannot have 5,000 nationally certified teachers in our State by the year 2005. That's 5,000 by "05."
We must also fulfill our commitment to public school accountability. Parents recently received the first school report cards. They provided parents with a snapshot of how their children's schools measure up. This honest assessment was the first step. Now the legislature must do its part and provide under-performing schools with the money they need to make improvements. My budget provides $41 million for this task.
Next, let's make sure that reading truly becomes fundamental, because I believe every child in the State deserves access to quality books. And I believe that every elementary school in the State deserves a quality library.
To meet both these goals, we are kicking off the Cool Books initiative. Cool Books has a simple goal: put a read-aloud library in every elementary classroom in the State.
Cool Books is a partnership between our states' communities, businesses and schools. To participate in Cool Books, individuals or groups can purchase coolers of books for a particular classroom or school. By tapping the great South Carolina community spirit, Cool Books will help every child become a book lover.
Last week, President Bush announced his "Leave No Child Behind" education plan. Like South Carolina, the plan has heavy doses of accountability, an emphasis on pre-school, initiatives to close the achievement gaps between rich and poor, and a special emphasis on reading.
To make progress in education, the president has put money on the table. I intend to use this money to enhance the initiatives we've already begun... to expand our successful Governor's Institute of Reading. This will encourage our youngest readers to continue as they progress through school.
We also know students learn better when there are strong partnerships between schools and communities. In Greenwood, for example, the HOSTS mentoring program partners adult volunteers with struggling readers. I want to use the president's education money to take this mentoring project statewide.
In addition, our new teachers need more help. Asking new teachers to sink or swim simply doesn't work. We lose one-third of our teachers in the first five years. Let's pair new teachers with veteran educators to insure our brightest new teachers don't get discouraged and leave our classrooms.

Now, let's make sure our children can safely travel to school. Our school bus fleet is in bad shape. Let's dedicate a portion of our bond revenues to replacing our state's old buses. For an investment of $40 million, we can replace 750 buses and buy our parents some much-needed piece of mind.
Let's talk for a minute about the students who ride on those buses... the students who fill the classrooms of our state's schools.
Character education is already an important part of many South Carolina classrooms. Across the State, character education initiatives promote the fundamental South Carolina values of service, leadership, responsibility and discipline.
We began tonight by reciting the pledge of allegiance. Our state's students begin each morning the same way. In this time of national trial, we must all recognize that patriotism is the cornerstone of the American character. Let's also give our students a lesson in the character and history of American heroism.
On December 7, 1941, this nation was a sleeping giant. Then came war, unbidden and unexpected. President Roosevelt rallied the nation, and America arose to meet the challenge. The Second World War saw our parents and grandparents earn the title of "greatest generation," by meeting the threat with honor and courage.
Even as the "greatest generation" passes, their lessons must be taught and their values must endure. Therefore, I want every high school student to receive a copy of Tom Brokaw's book, The Greatest Generation. I want this book to become part of our school's American history curriculum.
Reading about the "greatest generation" is not enough. I want our state's students to hear these stories directly from the source. Tonight, I am announcing that we will select a school district for an exciting pilot initiative that will bring World War II veterans into the classroom. These living heroes will give South Carolina students the chance to see courage exemplified and character personified.
I am pleased to report that we have our first volunteer... our very own World War II hero, Senator John Drummond.
Finally, there is one fundamental tool for improving South Carolina's schools that we have not discussed yet tonight.
Education lottery tickets are on sale now. But there are crucial pieces of business that remain unfinished. We need our lottery to reach its full potential. First, we must work together to give South Carolina the college scholarships and world-class educational opportunity the people voted for. And it is time to allow South Carolinians to participate in multi-state Powerball games. These games will generate even more excitement and money for education.
And it's time to pass the people's lottery plan. College scholarships for our state's high school students...free graduate education for classroom teachers...and lifetime learning scholarships so that any adult at any age can attend a technical college and get the job skills they need.
When the people's lottery plan has passed, lifelong learning will become the birthright of every South Carolinian. More than 100,000 students will receive scholarship benefits. And every worker will be able to attend technical college.
Our lottery plan is needed now more than ever. More research at our state's universities equals more jobs. And the lottery scholarships make it possible for laid-off workers to learn new skills. These scholarships will make a higher education available to every South Carolinian who earns one.
Eliminating portables...better teacher pay...modern classrooms... these are not the projects of a single legislative session or a single term of office. These are no quick fixes or easy solutions. These are goals that cannot be completed in one year or two. But these are the works we are called upon to do, from generation to generation.
We have proved it possible to cut spending, while preserving education and health care. We have balanced the budget during tough times, without raising taxes. It is a "can do" spirit. This year, let's bring that same spirit of progress to bear and reach our goals together.
Ladies and gentlemen, we agree on so many ideas. South Carolinians want better schools, lean government and safe communities. Let's throw out the old stumbling block of partisanship and politics. And remember the heroes we met tonight. They deserve cooperation and progress.
I recall the words President Bush used just 11 weeks ago, "We've got to put aside political differences and act swiftly and strongly."
What the president asked of the nation, I ask of you.
Let's take these fresh approaches to old problems, together... the best homeland security in the nation... protecting jobs while starting new initiatives for the New Economy... advancing, not retreating on educational progress.
This is the work of the swift and the strong!
Thank you. God bless you, and God bless the great State of South Carolina.

Upon conclusion of his address, Governor Hodges 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 7:40 p.m. the House resumed, the SPEAKER in the Chair.

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

ADJOURNMENT

At 7:41 p.m. the House, in accordance with the motion of Rep. BREELAND, adjourned in memory of the Honorable Arthur W. Christopher, Jr., to meet at 10:00 a.m. tomorrow.

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This web page was last updated on Thursday, June 25, 2009 at 1:03 P.M.