Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. F. N. SMITH as follows:
Almighty God, Giver of life and all the blessings that come with it, give us the desire and the determination to use these blessings wisely. When the next step is not clear, may we wait patiently for the way You would have us to go. Store our minds with Your truths and our hearts with a love like Yours. Keep us calm in crisis, strong under stress, triumphant in temptation. Show us how to live better, to serve more effectively, and to follow You more faithfully. Be especially near to those whose lot in life is hard, the lonely, the ill, the bereaved, and those from whom joy and hope have fled. And to You, Lord, we give our praise and thanksgiving. 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.
Rep. KNOTTS moved that when the House adjourns, it adjourn in memory of Dale Earnhardt, Sr., which was agreed to.
On motion of Rep. FLEMING, with unanimous consent, the following was taken up for immediate consideration and accepted:
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of South Carolina Rural Health Association the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on March 1, 2001, from 6:30 to 10:00 a.m.
Sincerely,
Graham L. Adams, MPH
Director
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3100 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-740 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO REPAIRS A MOTOR VEHICLE WHOSE INFLATABLE RESTRAINT SYSTEM HAS BEEN DAMAGED OR DEPLOYED TO FAIL TO REPAIR OR REPLACE THE SYSTEM SO THAT IT IS FULLY OPERATIONAL, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3146 (Word version) -- Reps. Lourie, J. E. Smith, Freeman, Neilson, Robinson, Webb, Mack, Cotty, Talley, Littlejohn, Simrill, J. Hines, J. M. Neal, Emory, Bales, Miller, Campsen, Altman, Whatley, Lloyd, Bowers, M. Hines, Weeks, Rivers, Hosey, G. M. Smith, Owens, Harvin, McLeod, Sinclair, Thompson and Govan: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MAXIMUM SPEED LIMITS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE PENALTIES FOR A PERSON WHO VIOLATES THE SPEED LIMITS ESTABLISHED IN ZONES WHERE THE POSTED MAXIMUM SPEED LIMIT IS AT LEAST FIFTY-FIVE MILES AN HOUR WHILE DRIVING A COMMERCIAL MOTOR VEHICLE WHICH REQUIRES THE DRIVER TO POSSESS A COMMERCIAL DRIVER'S LICENSE.
Ordered for consideration tomorrow.
Rep. CHELLIS, from the Dorchester Delegation, submitted a favorable report on:
S. 306 (Word version) -- Senator Branton: A BILL TO RESTORE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION THAT HAD FORMERLY BEEN DEVOLVED TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 286 (Word version) -- Senators Pinckney, McConnell, Ravenel, Branton, Mescher, Grooms and Richardson: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3604 (Word version) -- Reps. Campsen and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO ENACT THE "GUARDIAN AD LITEM PARENTAL CHOICE ACT" WHICH PROVIDES THAT IN A FAMILY COURT PROCEEDING IN WHICH CUSTODY OR VISITATION ARE IN ISSUE THE PARTIES TO THE ACTION MAY RECOMMEND AN AGREED-UPON GUARDIAN AD LITEM WHICH THE COURT MUST APPOINT UNLESS THERE ARE FINDINGS THAT THE INDIVIDUAL IS NOT FIT OR COMPETENT TO SERVE, TO PROVIDE THAT THE GUARDIAN AD LITEM MAY PARTICIPATE IN THE PROCEEDING THROUGH COUNSEL TO A PARTY OR MAY RETAIN COUNSEL, AND TO REQUIRE THE GUARDIAN AD LITEM TO DISCLOSE THE TERMS OF COMPENSATION FOR SERVICES TO BE RENDERED AND FOR LEGAL COUNSEL IF RETAINED OR APPOINTED BY THE COURT.
Referred to Committee on Judiciary
H. 3605 (Word version) -- Reps. Campsen, Witherspoon and Ott: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE LAWS RELATING TO THE PURCHASE AND SALE OF HUNTING AND FISHING LICENSES BY THE DEPARTMENT OF NATURAL RESOURCES, AND THE FEASIBILITY OF THE DEPARTMENT OF NATURAL RESOURCES PROVIDING FOR THE SALE AND ISSUANCE OF HUNTING AND FISHING LICENSES, AND COMBINATIONS OF HUNTING AND FISHING LICENSES, AT A DISCOUNT VIA THE INTERNET AND AT ELECTRONIC POINTS OF SALE IN RETAIL ESTABLISHMENTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3606 (Word version) -- Reps. Jennings, Quinn, Bales, Battle, Breeland, R. Brown, Davenport, Frye, Gourdine, Govan, Harvin, Hayes, J. Hines, M. Hines, Howard, Keegan, Lloyd, Lourie, Lucas, Miller, Moody-Lawrence, Phillips, Riser, Rivers, Rutherford, Scott, Sheheen, Simrill, J. E. Smith, Snow, Taylor, Weeks, Whipper, Emory and J. M. Neal: A BILL TO AMEND SECTION 59-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE AND LOCAL REQUIREMENTS UNDER THE EDUCATION FINANCE ACT AND THE MINIMUM REQUIRED TEACHER SALARY SCHEDULE, SO AS TO INCREASE THE MINIMUM REQUIRED TEACHER SALARY SCHEDULE BEGINNING WITH FISCAL YEAR 2001-2002 IN SPECIFIED INCREMENTAL AMOUNTS SO THAT BY FISCAL YEAR 2006-2007 THE MINIMUM REQUIRED TEACHER SALARY SCHEDULE SHALL BE AT THE NATIONAL AVERAGE.
Referred to Committee on Ways and Means
H. 3607 (Word version) -- Rep. Quinn: A JOINT RESOLUTION TO APPROPRIATE, FOR FISCAL YEAR 2001-2002 ONLY, MONIES FROM THE LOCAL GOVERNMENT FUND TO BE USED FOR THE SILVER CARD PROGRAM, COMMUNITY LONG TERM CARE, PALMETTO SENIOR CARE, AND RESTORATION OF PRESCRIPTION AWP.
Referred to Committee on Ways and Means
S. 130 (Word version) -- Senator Holland: A JOINT RESOLUTION TO MAKE RETROACTIVE PAYMENTS OF OUTSTANDING VOUCHERS IN THE OFFICE OF INDIGENT DEFENSE'S APPELLATE CONFLICT FUND FROM JULY 1, 1993, THROUGH JULY 31, 2000, FOR TOTAL REIMBURSEMENT NOT EXCEEDING THIRTY-FIVE THOUSAND DOLLARS, AND TO PROVIDE THAT REQUESTS FOR COMPENSATION MUST BE SUBMITTED NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PROVISION.
Referred to Committee on Ways and Means
S. 289 (Word version) -- Senators McConnell, Moore and Ritchie: A BILL TO AMEND SECTION 2-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATING PROCESS OF QUALIFIED JUDICIAL CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE A TWO WEEK PERIOD BETWEEN THE DATE OF THE JUDICIAL MERIT SELECTION COMMISSION'S NOMINATIONS TO THE GENERAL ASSEMBLY AND THE DATE THE GENERAL ASSEMBLY CONDUCTS THE ELECTION FOR THESE JUDGESHIPS.
Referred to Committee on Judiciary
The following was introduced:
H. 3608 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND MRS. CHARLOTTE LUNSFORD BERRY OF COLUMBIA FOR HER OUTSTANDING COMMUNITY EFFORTS AND LEADERSHIP ACTIVITIES UPON BEING NAMED 2001 AMBASSADOR OF THE YEAR BY THE GREATER COLUMBIA CHAMBER OF COMMERCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
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 Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, February 21.
James E. Smith Harry Stille Jerry Govan Alfred Robinson Todd Rutherford Ronald Townsend Larry Koon Merita Allison Richard Quinn Joseph Neal
DOCTOR OF THE DAY
Announcement was made that Dr. Ozzie L. Mikell of Beaufort is the Doctor of the Day for the General Assembly.
Rep. KLAUBER and the Greenwood Delegation presented to the House the Cambridge Academy Football Team, Class A Independent School Champions, their coaches and other school officials.
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."
Bill Number: H. 3144 (Word version)
Date: ADD:
02/21/01 SIMRILL
Bill Number: H. 3418 (Word version)
Date: ADD:
02/21/01 MCLEOD
Bill Number: H. 3584 (Word version)
Date: ADD:
02/21/01 SHEHEEN
Bill Number: H. 3515 (Word version)
Date: ADD:
02/21/01 DAVENPORT
Bill Number: H. 3584 (Word version)
Date: ADD:
02/21/01 LUCAS
Bill Number: H. 3584 (Word version)
Date: ADD:
02/21/01 DELLENEY
Bill Number: H. 3584 (Word version)
Date: ADD:
02/21/01 COLEMAN
Bill Number: H. 3584 (Word version)
Date: ADD:
02/21/01 HARRISON
Bill Number: H. 3056 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3167 (Word version)
Date: ADD:
02/21/01 LOFTIS
Bill Number: H. 3207 (Word version)
Date: ADD:
02/21/01 LOFTIS
Bill Number: H. 3207 (Word version)
Date: ADD:
02/21/01 LEACH
Bill Number: H. 3306 (Word version)
Date: ADD:
02/21/01 LOFTIS
Bill Number: H. 3306 (Word version)
Date: ADD:
02/21/01 LEACH
Bill Number: H. 3399 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3400 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3401 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3402 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3403 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3415 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3416 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3437 (Word version)
Date: ADD:
02/21/01 RODGERS
Bill Number: H. 3515 (Word version)
Date: ADD:
02/21/01 EMORY
Bill Number: H. 3598 (Word version)
Date: ADD:
02/21/01 WILDER
Bill Number: H. 3606 (Word version)
Date: ADD:
02/21/01 EMORY
Bill Number: H. 3606 (Word version)
Date: ADD:
02/21/01 J. M. NEAL
Bill Number: H. 3435 (Word version)
Date: ADD:
02/21/01 SIMRILL
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. 112 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL CLOSE PERMANENTLY THE SOUTHERN ACCESS OF ROAD 43-506 AT THE POINT WHERE IT INTERSECTS WITH ROAD 43-251 IN SUMTER COUNTY.
The following Bill was taken up:
H. 3144 (Word version) -- Reps. Wilkins, W. D. Smith, Vaughn, Delleney, Walker, Merrill, Cotty, Thompson, Edge and Simrill: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. SCOTT moved to adjourn debate on the Bill.
Rep. FLEMING moved to table the motion, which was agreed to.
Reps. J. E. SMITH, SCOTT, CAMPSEN, COOPER, WHITE, HOSEY, J. YOUNG, JENNINGS, HAYES, FLEMING, HARRISON, CATO, SHARPE, J. R. SMITH, LEACH, DAVENPORT, LITTLEJOHN, HINSON, LLOYD, MCGEE, COATES, GOVAN, OTT and CLYBURN requested debate on the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3085 (Word version) -- Reps. Meacham-Richardson, G. M. Smith, Altman, Whatley, Simrill and Owens: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 86 SO AS TO PROVIDE FOR DUCKS UNLIMITED SPECIAL LICENSE PLATES.
Rep. STUART explained the Bill.
H. 3098 (Word version) -- Reps. McGee, Meacham-Richardson, Altman, Whatley, Owens and Rodgers: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.
Rep. STUART explained the Bill.
The following Joint Resolution was taken up:
S. 220 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE APPEALS PROCEDURE FOR ACTIONS BY THE INTERNAL REVENUE SERVICE IN CONNECTION WITH THE SETOFF OF A DEBT AGAINST A TAXPAYER'S REFUND IS GOVERNED BY TITLE 26 OF THE UNITED STATES CODE, NOTWITHSTANDING THE PROCEDURE PRESCRIBED IN CHAPTER 56 OF TITLE 12 FOR THE SETOFF DEBT COLLECTION ACT.
Rep. VAUGHN explained the Joint Resolution.
Rep. HOWARD made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 198 (Word version) -- Senators Leatherman, Martin, Giese, Mescher, McConnell, J. V. Smith, Thomas, Verdin, Branton and Richardson: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 199 (Word version) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms, Reese and Courson: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. HARRISON, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Judiciary:
H. 3491 (Word version) -- Reps. Rivers, Bowers, Gilham, Hosey, Lloyd, Rodgers, Rutherford and Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.
On motion of Rep. LITTLEJOHN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Education and Public Works:
H. 3545 (Word version) -- Reps. Littlejohn, Allison, Altman, Bales, Barfield, Battle, G. Brown, Coates, Coleman, Easterday, Emory, Fleming, Frye, Hamilton, Harvin, Haskins, Hayes, J. Hines, Keegan, Kelley, Kennedy, Kirsh, Klauber, Leach, McCraw, McGee, McLeod, Miller, J. M. Neal, Owens, Perry, Phillips, Rice, Riser, Rivers, Sheheen, Simrill, Sinclair, Stille, Talley, Thompson, Walker, Weeks, Whatley, Wilder and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2365 SO AS TO DEFINE "POLICE OFFICER SAFETY ZONE", TO PROVIDE FOR THE RESTRICTIONS IMPOSED UPON A MOTOR VEHICLE TRAVELING THROUGH A POLICE OFFICER SAFETY ZONE, AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES A PROVISION CONTAINED IN THIS SECTION.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W. D. Smith, Thompson, Trotter, White, A. Young, Campsen, Altman, Bingham and Edge: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
H. 3057 (Word version) -- Reps. McGee, Altman, Owens and Knotts: A BILL TO AMEND CHAPTER 15, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILS AND RECOGNIZANCES, BY ADDING SECTION 17-15-65 SO AS TO ESTABLISH THE OFFENSE OF WILFUL FAILURE TO APPEAR IN COURT TO ANSWER THE CHARGE OR INDICTMENT AND TO PROVIDE PENALTIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18155SOM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 17-15-65. (A) It is unlawful for a person who has been released pursuant to this chapter and who is subject to a bench warrant which has been outstanding for ninety days or more to wilfully fail to appear at a court proceeding as required.
(B) If the person was released in connection with a felony charge or while awaiting sentence after conviction, the penalty is a fine of not more than ten thousand dollars, or imprisonment of not more than ten years, or both.
(C) If the person was released in connection with a misdemeanor charge, the penalty is a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both.
(D) In addition, the bond or security pledged for the release of the person is forfeited as provided by Section 38-53-70.
(E) A person convicted under this section is not eligible for release on a personal recognizance bond if charged with committing any future offense."
SECTION 2. This act takes effect on January first of the year after its approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. MCGEE spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. MCGEE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bales Barfield Barrett Bingham Campsen Cato Chellis Coates Coleman Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gilham Hamilton Harrison Hayes Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Freeman Govan Harvin Hines, J. Hines, M. Hosey Howard Lee Lloyd Mack Moody-Lawrence Parks Rhoad Rivers Rutherford Scott Smith, J.E. Weeks Whipper
So, the amendment was adopted.
Rep. RUTHERFORD spoke against the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bales Barfield Barrett Battle Bingham Bowers Campsen Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Webb Weeks Whatley White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allen Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Govan Hines, J. Hines, M. Hosey Howard Lee Lloyd Mack Moody-Lawrence Parks Rivers Rutherford Scott Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 176 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RAY G. SMITH, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 2:00 P.M. ON WEDNESDAY, FEBRUARY 28, 2001.
On motion of Rep. FLEMING, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 176 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RAY G. SMITH, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 2:00 P.M. ON WEDNESDAY, FEBRUARY 28, 2001.
Whereas, the Honorable Ray G. Smith became a member of the American Legion on September 7, 1955, the day after he was first discharged from the United States Air Force; and
Whereas, the Honorable Ray G. Smith has served the organization as department commander; national, department, and district vice-commander; post commander; post adjutant for 20 years; and served on the board of directors for 24 years; and
Whereas, the Honorable Ray G. Smith, as a resident of Benson, North Carolina, was owner and operator of Benson Electric Company for 26 years and retired from the U.S. Postal Service in 1995; and
Whereas, the Honorable Ray G. Smith, as an advocate for the betterment of children and youth, was named Woodmen of the World Outstanding Citizen of the Year in 1983, Benson Citizen of the Year in 1988, and U.S. Postal Service Volunteer of the Year in 1992; and
Whereas, the Honorable Ray G. Smith was selected by the 2.8 million member American Legion as national commander of the nation's largest veterans organization; and
Whereas, speaking before a joint session of the General Assembly is an honor reserved for leaders of national prominence. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the National Commander of the American Legion, the Honorable Ray G. Smith, is invited to address the General Assembly in Joint Session in the Hall of the House of Representatives at 12:30 p.m. Tuesday, February 27, 2001.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Ray G. Smith.
Rep. FLEMING proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\4125MM01), which was adopted:
Amend the concurrent resolution, as and if amended, by striking the paragraph after the resolving clause beginning on line 5, page 2, and inserting:
/ That the National Commander of the American Legion, the Honorable Ray G. Smith, is invited to address the General Assembly in Joint Session in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, February 27, 2001. /
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The following was introduced:
H. 3609 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR AUSTIN NEWMAN OF COLUMBIA, A SIXTH GRADE STUDENT AT CRAYTON MIDDLE SCHOOL, FOR BEING NAMED SOUTH CAROLINA'S TOP MIDDLE LEVEL STUDENT VOLUNTEER IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS FOR 2001, AND RECOGNIZE HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3610 (Word version) -- Rep. Robinson: A JOINT RESOLUTION TO PROVIDE THAT THE EFFECTIVE DATE IS JULY 1, 2003, FOR AMENDMENTS ADOPTED BY THE SOUTH CAROLINA BUILDING CODES COUNCIL ON MAY 24, 2000, TO THE INTERNATIONAL BUILDING, RESIDENTIAL, PLUMBING, MECHANICAL, FUEL GAS, AND FIRE CODES AND THE AMENDMENTS ADOPTED BY THE COUNCIL ON JANUARY 26, 2001, PERTAINING TO THE INTERNATIONAL AND RESIDENTIAL BUILDING CODES.
Referred to Committee on Labor, Commerce and Industry
H. 3611 (Word version) -- Rep. Lucas: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-640 SO AS TO PROVIDE FOR THE OFFENSE OF THE PHYSICAL ASSAULT OF A SPORTS OFFICIAL, TO PROVIDE THAT THIS MUST OCCUR AT ANY LEVEL OF COMPETITION WITHIN THE CONFINES OR IMMEDIATE VICINITY OF THE ATHLETIC FACILITY AT WHICH THE ATHLETIC CONTEST IN WHICH THE SPORTS OFFICIAL WAS AN ACTIVE PARTICIPANT IS HELD, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary
H. 3613 (Word version) -- Reps. Trotter, Cato and Sandifer: A BILL TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEES AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.
Referred to Committee on Labor, Commerce and Industry
H. 3614 (Word version) -- Reps. Miller, Askins, Bales, Bingham, Bowers, R. Brown, Cato, Chellis, Clyburn, Coates, Coleman, Davenport, Delleney, Emory, Fleming, Freeman, Gilham, Gourdine, Harvin, Hayes, J. Hines, M. Hines, Hosey, Howard, Huggins, Kirsh, Law, Leach, Limehouse, Lloyd, Loftis, Lucas, Mack, McCraw, McGee, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G. M. Smith, J. E. Smith, Snow, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, Whipper, Wilder and J. Young: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG BY THE DEPARTMENT OF PUBLIC SAFETY TO A DISABLED AMERICAN VETERAN, SO AS TO SUBSTITUTE "TAG" WITH "PLATE" AND TO PROVIDE THAT THE LICENSE PLATE MUST INCLUDE THE WORDS "DISABLED VETERAN" AND HAVE A SPECIAL NUMBER IMPRINTED ON IT SHOWING THAT THE LICENSE PLATE WAS ISSUED TO A DISABLED AMERICAN VETERAN.
Referred to Committee on Education and Public Works
The following was introduced:
H. 3612 (Word version) -- Reps. Webb, Leach, 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, 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, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION PROUDLY PROCLAIMING THE PRIDE AND EXCITEMENT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ON THE RECENT ANNOUNCEMENT BY TIME MAGAZINE NAMING CLEMSON UNIVERSITY THE "PUBLIC COLLEGE OF THE YEAR"; AND KIPLINGER'S MAGAZINE RANKING CLEMSON UNIVERSITY THE BEST VALUE IN SOUTH CAROLINA'S PUBLIC COLLEGES AND TWENTY-FIRST AMONG THE TOP ONE HUNDRED BEST VALUES IN PUBLIC COLLEGES NATIONALLY.
Whereas, Clemson University is a big public university (14,000 undergraduates and 3,500 graduate students) known for agriculture, engineering, architecture, business, and a nationally ranked football team. Well, add one more sparkle to that list of what Clemson does well: creatively teaching students to communicate; and
Whereas, Time Magazine articulately describes Clemson University as being on the cutting edge of the communication- across-the-curriculum (CAC) movement, in which faculty integrate not only writing but also oral, visual, and electronic communication in all the disciplines; and
Whereas, Clemson requires students to take six communication-intensive credits and rewards professors for encouraging their students to do more writing, talking, and even e-mailing; and
Whereas, Clemson's renewed communication emphasis started in 1987 with the arrival of Art Young, who holds the nation's first endowed chair in technical communication (a joint appointment in English and engineering), established by a gift from South Carolinians Robert and Betsy Campbell. Professor Young came from Michigan Tech, where industrial recruiters told him graduates had technical knowledge but needed to enhance their communication skills. So while still at Michigan Tech, Young started one of the first writing-across-the-curriculum programs; and
Whereas, Professor Young brought his expertise to Clemson and started a workshop for faculty who wanted to teach students better how to write and speak. Today that fledgling program is housed in the Roy and Marnie Pearce Center for Professional Communication and Class of 1941 Initiative, which, with its four million dollar endowment, provides training and grants to encourage faculty to teach creatively, to have students spend at least part of class time writing, talking about, and even drawing the concepts being taught. "Under the traditional lecture method, the retention rate is nil," says Carl Lovitt, former director of the Pearce Center. "If you give students the opportunity to talk about what they're learning, they'll learn it better."; and
Whereas, the result has been a cultural change throughout Clemson University. In science, engineering, humanities, and business classes, students spend less time hearing lectures and taking exams and more time keeping journals, making presentations, and using the Internet to converse electronically with classmates and with peers at other schools. "What all of us want to do is teach our students to think," says Psychology Professor Patti Connor-Greene, who has happily switched from all lecturing, traditional testing, and even term papers; and
Whereas, Clemson faculty members are encouraged to stretch the boundaries. Biology Professor Jerry Waldvogel, who bears a remarkable resemblance to Charles Darwin, dresses like the 19th century naturalist when his classes study evolution; and
Whereas, to help select this year's winner, TIME Magazine's editors called on nine experts -- first, to identify issues critical in higher education; and second, to guide the editors to specific institutions that are addressing those issues effectively. While the panel of experts advice was invaluable, the final selection was made by the editors; and
Whereas, remembering nothing succeeds like success, shortly thereafter, the editors of Kiplinger's Magazine ranked Clemson University the best value in South Carolina's public colleges and twenty-first among the top one hundred best values in public colleges nationally; and
Whereas, Kiplinger's editors used a number of criteria to select the best buys, including entrance standards, graduation rates, student-faculty ratios, per pupil spending, and expenditures on library resources. After quality came affordability measurers, such as total cost, financial aid, and average amount debt students accumulate prior to graduation. Quality counted for seventy-one percent of the score, while affordability counted for twenty-nine percent. The formula weighted quality greater because "value is not synonymous with cheap", noted the editors; and
Whereas, realizing that education is emblazoned on the minds of all South Carolinians, we applaud the efforts of this fine land-grant university in striving to achieve the vision of Thomas G. Clemson. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, proudly proclaim their pride and excitement on the recent announcement by TIME Magazine naming Clemson University the "Public College of the Year"; and Kiplinger's Magazine ranking Clemson University the best value in South Carolina's public colleges and twenty-first among the top one hundred best values in public colleges nationally.
Be it further resolved that a copy of this resolution be presented to President James F. Barker.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HARRISON, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Judiciary:
S. 286 (Word version) -- Senators Pinckney, McConnell, Ravenel, Branton, Mescher, Grooms and Richardson: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary:
H. 3048 (Word version) -- Reps. Campsen, Delleney, Littlejohn, Davenport, Altman, Clyburn, Simrill, Owens and Robinson: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS AND CHARACTER EDUCATION ACT OF 2001" TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS OR CHARACTER INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
H. 3303 (Word version) -- Reps. Scott and Knotts: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. EASTERDAY moved to adjourn debate on the Bill until Wednesday, March 21.
Rep. HARRISON moved to table the motion.
Rep. EASTERDAY demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 47 to 29.
Rep. CAMPSEN explained the Bill.
Rep. ALTMAN spoke against the Bill.
Rep. STILLE spoke against the Bill.
Rep. SIMRILL spoke against the Bill.
Rep. HAMILTON spoke against the Bill.
Rep. HAMILTON continued speaking.
Rep. JENNINGS spoke in favor of the Bill.
Rep. EASTERDAY spoke against the Bill.
Rep. EASTERDAY continued speaking.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill.
At 12:00 noon 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.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3421 (Word version) -- Reps. Wilkins and Harrison: 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 12:00 NOON ON WEDNESDAY, FEBRUARY 21, 2001.
Chief Justice Toal and her distinguished party were escorted to the Rostrum by Senators McConnell, Giese, Patterson, Glover, Ritchie and Representatives EASTERDAY, SCOTT, DELLENEY, STUART and KNOTTS. The President of the Senate introduced Chief Justice Toal.
Chief Justice Toal addressed the Joint Assembly as follows:
Lt. Gov. Peeler, President Pro Tempore McConnell, Speaker Wilkins, Speaker Pro Tempore Smith, Members of the Joint Assembly, my brothers and sisters of the South Carolina Judiciary, Ladies and Gentlemen:
The year is 1819. Out of the Revolution, 13 former British colonies have formed the United States of America, and sustained its creation through re-invasion by the British in the War of 1812. The State of South Carolina is the center of a growing national economy. In 1819, the General Assembly authorizes the extraordinary sum of $1,000,000 to be spent in part for the state-funded construction of a courthouse and jail in every district in the state. It was the state's first investment in court infrastructure. The State of South Carolina would build a new courthouse and jail in each of the 29 districts into which South Carolina was then subdivided. The state's distinguished architect Robert Mills designed many of these buildings, and some of them remain in use today - symbols of our state's commitment to its judicial system. In the ensuing 180 years, districts have been renamed counties, 17 have been added to the original 29, and the state has struggled to keep up with the volume of activity generated for its court system. But little more has been spent on infrastructure.
In the past decade, while our population has grown approximately 12 1/2 percent, our case filings have exploded a whopping 25 1/2 percent. No county in South Carolina has the technological ability at the present time to even do something so basic as grouping their criminal, civil, family, probate or magistrate filings. A county can't even tell how many cases an individual party has pending. On the criminal side, a defendant may have 16 different charges pending. He can play the system against itself. On the civil side related cases are not routinely grouped. We can't even search to see how many cases a given lawyer has.
Since there is no uniform automation on the county level, you can understand that it is virtually impossible to coordinate cases and dockets or even provide accurate information on a statewide basis.
This past summer, responding to an emergency, the Supreme Court assembled in my kitchen to issue a stay against a video poker operator. But Ladies and Gentlemen, I can't manage your statewide judicial system off the kitchen table.
The last decade was a time of unparalleled economic and population growth for South Carolina. In these 10 years our state population has grown from 3.5 to 4 million. And while that growth has been encouraged and welcomed, it also carries with it a price tag of new schools, new highways, new housing, new services, and all the other many requirements to support 500,000 new people in our midst.
Growth also carries a price tag measured by the exponential increase in the volume of criminal and civil disputes which come before our courts. Between 1988 and 1997, the total number of cases filed in our state's trial courts rose from 1.3 million to more than 1.75 million. Today our system of justice is slowly unraveling. Unparalleled backlogs in criminal court the general sessions of circuit court exist. In some judicial circuits, more than one-half the criminal cases are twelve months old, and some are 18 and even 24 months old.
The human cost of justice delayed is justice denied for victims and the accused alike. Justice delayed also has another terrible consequence to society. The cost of delay is measured in economic as well as human terms. The counties bear the brunt of the cost of dockets, cost of incarcerating prisoners awaiting trial and the myriad costs of an overloaded criminal justice system. County governments petition me daily about their soaring jail and court costs.
In the past, my predecessors have attempted, with your support, to solve the problem of delayed justice by adding more judges and new courtrooms. Without the judicial reform initiatives of the past 25 years, our court system would be in deep crisis.
But there is a finite limit to how many new judges and new courtrooms can be added, particularly under today's existing budget constraints. The time has come for us to look at how we can use the current judges and existing courtrooms more effectively. Like everyone else in governmental service, the time has come when the court system must find ways in which we can operate smarter.
My own quest began last year, in March...my first week as your Chief Justice. I met with the senior staff of the Budget and Control Board to discuss the creation of a business plan for the management of South Carolina's Court System. My proposed thesis was that the state's court system could be dramatically improved by the use of technology.
Let me walk you through the process which then ensued. The Budget and Control Board staff advised that if I was indeed serious, I should make a detailed and comprehensive assessment of the technology needs of the entire court system, from magistrates and county clerks to the Supreme Court itself. They knew that the General Assembly could and should-- be a stern critic. I know. I sat where you do for almost 14 years, and I understand the importance of stewardship.
I also understood that we are talking about more than simply the resolving of disputes, the conduct of trials, and the speeding up of dockets. We are also talking about the value, which accrues directly to all aspects of our society, and not just to the justice system, itself, of an improved and accelerated flow of information. We are talking about the value to business of gaining quick access to information about case files and all manner of courthouse records. We are talking about the benefit to public safety of networking all agencies and individuals which are impacted by a crime. We are talking about a network of information users who, in other states, support such high technology services and pay for access to this kind of accelerated information.
But before such enterprises can be undertaken, the infrastructure must be in place, and that takes an initial capital investment on our part. It is an investment that will return itself a thousand times. It is an investment that will bring the counties into the process on a much stronger and a much more efficient basis. Many of the public records that businesses need are not at the state level anyway. They are located in the counties, and the power that you create on behalf of business when you link state and county records through technology is enormous.
I took the word of our Budget and Control Board advisors last year, and solicited the help of firms with expertise in engineering, accounting and technology. Through the competitive bid process, we were able to reach an agreement with the KPMG firm to conduct a study which I financed by cutting my existing budget.
The study has now been completed, and the findings confirmed some of our worst suspicions. The management of our trial court system is severely stressed, not for a lack of good intentions or good legislation. There is a unified court system in principle, but we do not have the uniform tools to manage the system. Management of the court system at the county level has largely functioned without guidance, help or support from the State of South Carolina or its Judicial Department. Automation of case records and processes has been developed individually, county by county, with no state standards.
It was as if the state had mandated each county to have an automobile, but offered no plans, no standards, and no money. We all know the consequences of unfunded mandates, don't we? It's not an unfamiliar term in any of our experiences. And as far as the court system goes the counties have done the very best they could. They went about building the required automobile from scratch in their own backyards, and I can tell you this: it cost a lot more in real dollars and in human capital than if the state had helped out from the beginning.
What I envision taking place in the next five years is the design and specification of a standardized case management system that will be collaboratively developed by the Clerks of Court and funded by the South Carolina Judicial Department. The Department will participate in the design but the design team will be composed primarily of Clerks of Court and Information Technology Directors from the counties. That team is already up and operating, and I believe so strongly in this concept that by June 2001, I will have invested $1.5 million in existing state court funds to get it underway. In addition, I have begun to provide surplus computer equipment to counties that are in need. For fiscal year 2001-2002, I am asking this General Assembly for an initial investment of $4.6 million in non recurring funds to begin this task. Two thirds of this money will be spent directly in the counties to begin the process of connectivity and to pilot the case management system.
So what are we talking about specifically? The modernization process begins with two basic steps: first, providing connectivity and usable equipment to all users who need it, and, secondly, designing and implementing a uniform case management system to carry the state forward.
We expect no overnight miracles. We are talking about a five-year process to accomplish the goals I have outlined, but let me assure you that the first steps in this long journey are the critical ones. That's why we have approached this opportunity with a business plan, which outlines our goals, defines our missions, and establishes the potential revenue by which this system can be supported. It's feasible, reasonable, and above all cost effective.
Let me also assure you that South Carolina is not the first state to move in this direction. Most states, in fact, already have a judicial case management system in place and are already beginning to reap the benefits of such connectivity. In our peer group of 11 states, South Carolina ranks about in the middle in terms of population, but we rank dead last in terms of total dollars, as well as total per capita dollars, spent on the state court system. I say that not as a complaint, but as an indication of just how far we have to go in this area. And I remind you that conversely we benefit from not being the first to rush into judicial technology. We can avoid the mistakes of others, and we can take advantage of the fact that proven technology exists and the cost of hardware decreases every year. In other words, we can accomplish far more for far less.
And if we decide to do nothing? Let me describe what is out there today. We have a technological Tower of Babel across the state. One system does not talk to the other, and every system is outmoded. In fact, I would say that our courts are being held hostage today by the so-called "green screen" a set of systems that are so out-of-date that they take special experts to fix them, and the problems take hours to resolve. That's a lot more costly and a lot less efficient than a call to a "help desk" for a modern system.
And what if we take these steps toward modernization? What will be the payout? We will create with your help, nothing less than a court operation that enhances the day-to-day operations and administration of the entire court system. We will have a unified court system in fact, as well as in name. Segments of the system will interact among themselves, with law enforcement, solicitors, defenders, witnesses, victims, litigants, private attorneys, and ultimately individual citizens and the business community as the active participants and beneficiaries. Call centers will be available for Clerks of Court for technical assistance, and training programs will assist all court personnel in learning how to operate the new system, and make themselves maximally effective.
The general benefits include:
--Access to information seven days a week, 24 hours a day.
--Increased accuracy, completeness and timeliness since all data would be captured only once, at the source of its origin;
--More efficient utilization of all judicial resources, including judges, staff and facilities;
--Increased security and integrity of case files by reduced use of paperwork and such variables as post-it notes and bad handwriting;
--Enhanced services and access to information for other state agencies and the public in general through such efficient means as electronic filings, self-service forms and procedures, online payment of fines, fees and restitution. If you do not believe this is a direct and cost efficient payout, think of its reality. In appellate court today, it is required that 15 copies of a case be filed, and in today's world, the smallest such filing would be fifty pages for each copy. We're talking about saving time, money, paper and a lot of trees in this country along the way.
How would the benefit of connectivity and case management work in a specific setting? Imagine that a trial court judge in Clarendon County issues a protective order requiring a violent individual to stay away from his estranged wife. The order is automatically recorded in the case management system and electronically transferred to a central computer at SLED where it is accessible to all law enforcement across the state. It is an example of how information will move across agency and jurisdictional lines.
The trial judge, by the way, will also benefit from having the ability to use the system for complete, accurate and timely information, while on the bench or in chambers, achieving access to past court records, as well as from other criminal justice systems such as those maintained by SLED, the Department of Corrections, Juvenile Justice and national systems, in making bail determinations. There will be immediate disposition reporting to SLED, and the reporting of sentence data will be reported in a timely manner to the Corrections Department, so they can initiate planning for a new inmate's arrival.
In the meantime, the Clerk of Court records events only once, as they occur, directly submitting dispositions and protective orders to law enforcement. Our violent individual's order is now on the statewide system. Using the same system, by the way, we can produce management statistical reports without any additional manual entry and can generate appeals records without any duplicating and copying of papers and files.
So let's follow our hypothetical violent individual who has been ordered in Clarendon County to stay away from his estranged wife. Wife moves back to her mother's house in Barnwell and months later, law enforcement in Barnwell County responds to a domestic incident to find a man has violently attacked and injured a women in a violent altercation. The man is arrested. A routine ID check of the new system produces the information that a protective order has been issued against this individual in Clarendon County, and he is also immediately charged with violation of the protective order. The information has crossed agency lines and geographic lines to result in a critical law enforcement action to protect the safety of all involved. A hearing on the violation of the Clarendon County Order is conducted by video conferencing.
Attorneys, solicitors, and public defenders traditionally prepare for trial by reviewing facts of the case and filing documents with the Clerk of Court. All the filing can be done electronically under the new system from the attorneys' or solicitors' desktop to any courthouse in South Carolina. Confirmation of receipt can be filed directly back to them in real time. An attorney in Greenville can file documents in Charleston without every leaving her chair. The Clerks of Court could still receive paper documents at the "window," but their workload will have been significantly reduced because most of it is now done electronically.
As far as reviewing facts of the case, all parties will have the ability to search and retrieve historical case information online without traveling to the courthouses to search through paper files. Each party will also have the ability to cross reference defendants in different cases in different courts to aid solicitors as well as defense in the process. The new systems will make it possible also for private attorneys to keep up with the changing status of court dockets so that they may go to court just before a case is called, rather than having to wait or sit idly in unproductive time as they wait for a case to come up.
So, let's check on our violent individual in Barnwell. Information has been recorded, papers have been filed, and he comes up for trial on the Barnwell offense. He has already been adjudicated in violation of the protective order while awaiting trial in Barnwell. Court is called to order, and the sheriff's deputy escorts the defendant to a device where a computer takes his fingerprints. An image of the fingerprint is sent to the computers at SLED headquarters where the offender's identity is confirmed within seconds. The judge and clerk automatically retrieve the case on their computer screens in the courtroom. With just a few keystrokes and mouse clicks, the judge is able to see the entire electronic case folder, organized and searchable in nearly every way needed by the judge: chronologically, by party or by type. With a few clicks, the judge is able to view and open electronic documents from the offender's court record in Clarendon County, including the violation of the Protective Order. Information has crossed agency and geographic boundaries.
In the most efficient possible way, the offender is then given his day in court. Let's assume the defendant is found guilty in Barnwell. The case management system automatically submits a real time message to the criminal history system at SLED, and also automatically alerts Department of Corrections to expect a new inmate. Information once again crossed agency boundaries.
In addition, all pertinent agencies and individuals can be notified by e-mail or otherwise of the disposition of the case.
So, think about this scenario and mentally imagine how such a case would be handled today. Information may or may not cross county or agency lines. Records may or not may not be available, depending on the time available or the priority the case might receive. Identity of the offender could be lost in a communications gap, and justice in this case might be denied for simple logistical reasons.
That, ladies and gentlemen, is the opportunity that awaits us, and the consequences that await our failure to act. Let me now touch briefly other initiatives.
General Sessions Docket. This General Assembly has several measures pending before the House and Senate which deal with the extreme statewide backlog of general sessions cases. After a series of meetings with Solicitors, Public Defenders, Victims Advocates, Clerks of Court and Judges this summer, I created a Task Force to develop recommendations to you and to me for the reorganization of the General Sessions Court in South Carolina. Justice Costa Pleicones and recently retired 12th Circuit Solicitor Dudley Saleeby have agreed to head this effort. All segments of the system are represented and several sessions have already been held. By state statute, the solicitors control the docket and should continue to do so, but we want to partner with them to look at a system, which frankly is on the verge of collapse, and needs some serious attention. Give our task force a chance to bring forward a suggested plan for attacking this complex problem.
Administrative Law Judges and Reform. The Judicial Council of South Carolina, created by this General Assembly 45 years ago, is a standing committee charged with the recommendation of changes in the justice system of our State. It is broadly representative of the legislative, executive and judicial branches and of the private citizenry. I have asked Judicial Council to undertake a comprehensive study of the Administrative Law Judge System. Since the 1977 adoption of the Administrative Procedure Act and the 1994 adoption of the Restructuring Act, administrative law cases in South Carolina have increased dramatically. The Council will shortly propose comprehensive recommendations in this area for further modernization. Among the items addressed will be the control of the volume of inmate appeals from the Department of Corrections. Minor prisoner disputes should stop at the Department of Corrections.
Rule 608 and Indigent Defense Reform. Constitutional decisions of the United States Supreme Court mandate that indigent criminal defendants and indigent parents charged with child abuse or facing termination of parental rights be provided with representation. The great bulk of this representation is provided by South Carolina lawyers who are appointed without fee by our trial judges. We have attempted in Appellate Court Rule 608 to devise a fair way of spreading this responsibility. We are still refining this rule as the result of comments from the lawyers, the judges and from you. The General Assembly has created an Office of Indigent Defense through which some state funds are made available for death penalty cases and other serious crimes. These funds are needed for public defenders, and some private attorneys. These funds are woefully inadequate. Our appellate and public defenders system does not begin to cover the mandate of the U. S. Supreme Court, and South Carolina lawyers, as part of their duty, serve many of these clients pro bono. Judges regularly appoint these attorneys, and a disproportionate burden often falls to the smaller and poorer bars in the state. What is needed is a reform to spread the work more equitably. Additionally, the state needs to instill greater accountability in the way funds are spent for indigent care.
Court facilities. A major problem has arisen in providing courtroom security as an increasingly large number of emotionally distressed people come to court and pose threats to each other and to others in the court. We need to assist counties in dealing with this problem.
Drug Courts. Therapeutic drug courts are progressive diversionary alternatives to straight jail time for defendants whose primary problems stem from heavy dependence on alcohol or drugs. While you appropriated some funds for these courts last year, the monies were ultimately not available. Most of the current funds have come from federal grants secured by the solicitors. These programs need to be funded and I have gone into the judicial department's budget to provide some funding. I encourage you to provide funding as you can for these courts.
Magistrates System. I am a great believer in and supporter of the lay court system. I do not believe that all wisdom resides in lawyers . I do believe, however, we have a responsibility to ensure that justice in one county is dispensed consistently with the justice in other counties. Last year, the legislature made major steps in Magistrate Court Reform and increased educational requirements for those appointed to the office. Before we go to the next step in increasing jurisdiction of the system, we should increase the requirements for certification, testing and education.
Chief Justice's Commission on the Profession. A special commission headed by South Carolina Bar President Dewey Oxner, and composed of members of the bar, judges and members of the public, has been organized to address issues of professionalism, and we have the utmost confidence that this organization, just getting underway, will produce truly significant outcomes for the people of the state.
We've covered a lot of ground today, and I appreciate your time and attention. An independent court system is the foundation of stability for this country. We are unique among nations in that regard. Our courts solve all manner of conflicts, and if things cannot be resolved otherwise, we are the ultimate tiebreaker.
If you doubt our uniqueness, take a look at the constitutional documents that govern nations like Russia, and you'll see a judiciary that looks very much like ours on paper but is not truly independent. The rule of law is not respected, government approved corruption is rampant and the court system lies at the mercy of political whim and expediency.
Don't take our system for granted. Recognize that a vibrant and independent court system is a precious thing, which underpins the very fabric of our social order and tranquility. If the American public decides that the system for enforcing the rule of law has failed, the very existence of the rule of law is imperiled. With the demise of the rule of law, ordered society disintegrates. This nation's complex system of economic, social and spiritual relationships is in the most fundamental way dependent on the health of the social compact which the Constitution defines and the court system embodies. In the world today, we see bitter and ongoing conflicts between British and Irish, Arab and Israeli, Serb and Bosnian. In America, all those peoples are present in our society, and we live in peace because we have decided that the Rule of Law will be the baseline to deal in a civilized way with each other. It is a precious thing.
Let me close by saying that I came to this chamber in 1974 with 55 new house members, and of that number, only five remain. Larry Koon, Alex Harvin, John Land, John Matthews and Kay Patterson. I cherish your friendship especially, as well as that of all of you. I have left a great deal of my heart and soul in this chamber, and I will always have the deepest respect for you and the greatness of this institution.
In that spirit, I ask that you join me in a collaborative effort, a partnership between legislative and judicial branches, to meet the pressing needs of this uniquely important part of our democracy. Like those South Carolinians of 1819, it is time for us to be bold again, to make an investment in the long-range future of the South Carolina courts. Justice is not a luxury; it is not subject to the ebbs and flows of political fortune or economic success. It demands constant support and attention. Join me in bringing the powers of technology to bear on the needs of the state's court system. Join me in making a commitment to our future. Join me in assuring that justice will be an engine for fairness and equity.
Upon conclusion of her address, Chief Justice Toal and her escort party retired from the Chamber.
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.
At 12:35 p.m. the House resumed, the SPEAKER in the Chair.
Rep. FLEMING moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3597 (Word version) -- Rep. White: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KATHRYN WILLOUGHBY OF COLUMBIA ON BEING NAMED THE 2001 SOUTH CAROLINA JUNIOR MISS AT ANDERSON COLLEGE ON SATURDAY, JULY 22, 2000, AND TO EXTEND TO HER BEST WISHES FOR SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
H. 3608 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND MRS. CHARLOTTE LUNSFORD BERRY OF COLUMBIA FOR HER OUTSTANDING COMMUNITY EFFORTS AND LEADERSHIP ACTIVITIES UPON BEING NAMED 2001 AMBASSADOR OF THE YEAR BY THE GREATER COLUMBIA CHAMBER OF COMMERCE.
At 12:40 p.m. the House, in accordance with the motion of Rep. KNOTTS, adjourned in memory of Dale Earnhardt, Sr., to meet at 10:00 a.m. tomorrow.
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