Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. RISER as follows:
O Lord, our God, we thank You for this good country and for Your providential care of it from generation to generation. We are grateful for our freedoms. We thank You for things that endure all change: beauty, goodness, truth. Sharpen our minds, quicken our energies to tasks great and small that we may help shape the future in the pattern of Your will. Make wise our thoughts, and guide our actions. And may we find our supreme joy in work well done, our chief reward in the doing of Your will. Hear, we pray, the spoken and the silent prayers that we offer and answer them according to Your plans and purposes. 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 Monday, August 27, the SPEAKER ordered it confirmed.
Rep. EASTERDAY moved that when the House adjourns, it adjourn in memory of former Representative Ernest Minton Holland of Simpsonville, which was agreed to.
The following was introduced:
H. 4352 (Word version) -- Reps. Rice, Robinson, Trotter and Webb: A HOUSE RESOLUTION CONGRATULATING EASLEY AMERICAN LEGION POST 52 UPON WINNING ITS FIRST AMERICAN LEGION BASEBALL STATE CHAMPIONSHIP.
The Resolution was adopted.
The following was introduced:
H. 4353 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO RECOGNIZE MARTHA BEE AND ANDY ANDERSON OF HAMPTON, LONG TIME RESIDENTS AND STEWARDS OF THE COMMUNITY, FOR THEIR PUBLIC SERVICE AND SUPPORT OF MANY WORTHWHILE HAMPTON COUNTY ACTIVITIES, AND TO WISH THEM GODSPEED AS THEY MOVE ON TO LIVE NEAR THEIR SON AND HIS FAMILY.
The Resolution was adopted.
The following was introduced:
H. 4354 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE MARYANNE G. MOORE, OF CLARENDON COUNTY, UPON RECEIPT OF THE 2001 DISTINGUISHED SERVICE AWARD FROM THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS AND TO THANK HER FOR HER CONTINUED DEDICATION TO THE FIELD OF EDUCATION IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4355 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE HENRIETTA CAMPBELL OF CLARENDON COUNTY ON BEING NAMED SOUTH CAROLINA EXECUTIVE OF THE YEAR BY THE CAROLINAS ASSOCIATION OF CHAMBER OF COMMERCE EXECUTIVES AND TO THANK HER FOR HER WORK IN AND DEDICATION TO HER COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 4356 (Word version) -- Rep. Coates: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MARY GEE LANGSTON OF FLORENCE COUNTY FOR HER TEN YEARS OF DEDICATED WORK AS THE DIRECTOR OF THE CAMP SEXTON CAMPING PROGRAM OF THE CENTRAL UNITED METHODIST CHURCH AND TO THANK HER FOR HER SELFLESS ATTITUDE, MANY CONTRIBUTIONS, AND CARING WAYS WHICH HAVE MADE THE DAY CAMP PROGRAM SO SUCCESSFUL AND IMPORTANT TO THE LIVES OF ITS YOUNG CAMPERS.
The Resolution was adopted.
The following was introduced:
H. 4357 (Word version) -- Reps. J. Young, 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, Wilkins, Witherspoon and A. Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MR. JOSEPH BRITTON PACK, JR., OF
The Resolution was adopted.
The following was introduced:
H. 4358 (Word version) -- Rep. Robinson: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO TAKE URGENT AND FIRM ACTION TO ENSURE THE HEALTH OF THE AMERICAN TEXTILE INDUSTRY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4359 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3900 SO AS TO PROHIBIT THE TRANSPORT OF A PERSON UNDER EIGHTEEN YEARS OF AGE IN THE OPEN BED OR CARGO AREA OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE PENALTIES.
Referred to Committee on Education and Public Works
H. 4360 (Word version) -- Reps. Talley and Littlejohn: A JOINT RESOLUTION AUTHORIZING A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETIRED AND BEGAN TERI PARTICIPATION IN JANUARY 2000, TO CHANGE THE RETIREMENT ALLOWANCE OPTION ELECTED BY THE MEMBER AND PROVIDE THE ELIGIBILITY REQUIREMENTS AND METHOD OF ELECTION.
Referred to Committee on Ways and Means
H. 4361 (Word version) -- Rep. Kirsh: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-318 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT,
H. 4362 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-195 SO AS TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE OR STATE OR LOCAL PUBLIC ENTITY MAY SOLICIT LITIGATION AGAINST ITSELF OR DIRECTLY OR INDIRECTLY SUPPORT THE PLAINTIFFS IN ANY SUCH LITIGATION UNLESS REQUIRED TO DO SO BY LAW OR COURT ORDER, AND TO PROVIDE THAT, WHEN A POLITICAL SUBDIVISION OR PUBLIC ENTITY IS IN VIOLATION OF THE ABOVE PROVISIONS AS DETERMINED BY THE STATE ATTORNEY GENERAL, ALL EXPENSES INCURRED FOR ATTORNEY'S FEES AND COSTS ON ITS BEHALF MUST BE PAID BY THE SUBDIVISION OR ENTITY.
Referred to Committee on Judiciary
The following was introduced:
H. 4363 (Word version) -- Reps. Koon, Bingham, Frye, Huggins, Knotts and Riser: A HOUSE RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY AND MANY FRIENDS OF REPRESENTATIVE FLOYD D. SPENCE, OF LEXINGTON COUNTY, LONGTIME AND BELOVED CONGRESSMAN FROM THE SECOND CONGRESSIONAL DISTRICT OF SOUTH CAROLINA, WHO PASSED AWAY AUGUST 16, 2001.
The Resolution was adopted.
The following was introduced:
H. 4364 (Word version) -- Rep. J. M. Neal: A HOUSE RESOLUTION TO HONOR AND EXTOL MRS. DELIE BLACKMON HINSON OF
The Resolution was adopted.
On motion of Rep. MILLER, with unanimous consent, the following was taken up for immediate consideration:
H. 4365 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION DECLARING NOVEMBER 4 THROUGH 17, 2001, AS A PERIOD OF "ROOTS AND RECONCILIATION" IN GEORGETOWN, SOUTH CAROLINA, WHILE THE "FREEDOM SCHOONER AMISTAD", A REPLICA OF THE HISTORIC SHIP, DOCKS IN GEORGETOWN CREATING A UNIQUE OPPORTUNITY FOR TEACHING HISTORICAL, CULTURAL, AND SOCIAL LESSONS AND FOR ENCOURAGING AND PROMOTING RACIAL DIALOGUE AND HARMONY.
Whereas, the "Freedom Schooner Amistad", a replica of the schooner which was the scene of an historic event in 1839, will be docked in Georgetown, South Carolina, from November 4 though 17, 2001; and
Whereas, the original schooner, "Amistad", Spanish for "friendship", was the site of a shipboard rebellion in 1839 off the coast of Cuba by fifty-three African men, women, and children who had been illegally sold into slavery; and
Whereas, following the mutiny the ship sailed up the Atlantic Coast where it was seized and towed to Connecticut where the Africans were imprisoned and tried for murder; and
Whereas, the Africans eventually won their freedom after John Quincy Adams argued their case before the United States Supreme Court, resulting in a landmark case, the first civil rights decision of the Supreme Court; and
Whereas, the "Freedom Schooner Amistad" is not only a symbol of freedom, but it also represents an important episode in American history that teaches lessons of perseverance, justice, and equality while serving as a spring board for racial dialogue and communication; and
Whereas, creating this opportunity for "Roots and Reconciliation" demonstrates a genuine commitment to face issues of the past and a strong desire to move toward reconciliation and healing today and in the future; and
Whereas, the leaders of Georgetown and President Ron Ingle and the administration at Coastal Carolina University are to be commended for establishing this unique experience for the residents of Georgetown and all of South Carolina; and
Whereas, having the "Amistad" in port at the Georgetown dock is a truly mementos occasion and one to be honored and celebrated by all. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, declare November 4 through 17, 2001, as a period of "Roots and Reconciliation" in Georgetown, South Carolina, while the "Freedom Schooner Amistad", a replica of the historic ship, docks in Georgetown creating a unique opportunity for teaching historical, cultural, and social lessons and for encouraging and promoting racial dialogue and harmony.
Be it further resolved that a copy of this resolution be forwarded to Ron Ingle, President of Coastal Carolina University.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4366 (Word version) -- Reps. Miller and Harvin: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF CHARLES F. COOPER OF PAWLEY'S ISLAND ON AUGUST 11, 2001, AND CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4367 (Word version) -- Reps. Haskins, Wilkins, Easterday, Cato, Hamilton, Leach, Loftis and Vaughn: A CONCURRENT RESOLUTION TO COMMEND BOB JONES UNIVERSITY OF GREENVILLE FOR ITS ACADEMIC EXCELLENCE, ITS COMMITMENT TO ITS PRINCIPLES, AND ITS CONTINUING CONTRIBUTIONS TO THE ECONOMIC, CULTURAL AND SOCIAL HEALTH OF THE UPSTATE, TO NOTE THAT IN THE YEAR 2002 BOB JONES UNIVERSITY WILL CELEBRATE THE SEVENTY-FIFTH YEAR OF ITS FOUNDING, AND TO WISH THE UNIVERSITY, ITS TRUSTEES, FACULTY, STAFF, STUDENTS, ALUMNI, AND SUPPORTERS EVERY SUCCESS IN THE YEARS TO COME.
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 Allison Altman 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 Govan Hamilton Harrell Harrison Hayes Hines, J. Hines, M. Hinson Hosey 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 Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend 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 Tuesday, September 4.
James E. Smith Alfred Robinson Gloria Haskins Leon Howard
The SPEAKER granted Rep. NEILSON a leave of absence for the day due to a car accident.
The SPEAKER granted Rep. HARVIN a leave of absence for the day due to medical reasons.
The following was received:
August 30, 2001
The Honorable David H. Wilkins
Speaker of the House
Room 508, Blatt Building
Columbia, South Carolina 29211
Dear Mr. Speaker:
Pursuant to Article IV, Section 21 of the South Carolina Constitution, I am returning without my signature H. 3003 (Word version), which includes the reapportionment plans for the South Carolina House of Representatives, South Carolina Senate and the South Carolina congressional districts. After careful deliberation, I am vetoing this legislation because I believe it violates the prohibitions against using election schemes to dilute minority voting strength and employing race as the predominant factor in designing election districts. Rather than following traditional districting principles that would respect the rich diversity of our great State, the proposed redistricting plans divide and polarize South Carolina along racial lines.
Redistricting plans must not only comply with constitutional population equality requirements and the federal Voting Rights Act, they should also rely upon other traditional districting principles such as the preservation of communities of interest and the cores of existing districts, avoidance of political and racial discrimination and polarization, and the minimization of the division of municipalities, counties, and voting precincts. Utilizing those principles, rather than manipulating or merely paying lip service to them, should lead to the
1. South Carolina House of Representatives: Under our constitutional form of government, the House should be the body closest to and most reflective of the people. Our population in South Carolina is extraordinarily diverse. Nearly two-thirds of our counties have black voting age populations of greater than 25% and almost half of our counties have black voting age populations in the 25% to 50% range. One would never recognize this diversity of our population by examining the House reapportionment plan contained in H. 3003.
1 The ten House districts targeted include Districts 16, 42, 52, 53, 65, 71, 80, 86, 113, and 124.Early in the process of developing the House reapportionment plan, the House Judiciary Committee adopted redistricting guidelines. Unfortunately, a "non-polarization" proposal that would have prohibited map drawers from "employ[ing] standards, practices or procedures which have the purpose of, or result in, the creation of an electoral system that will consistently degrade a voter's or group of voters' influence on the political process as a whole," was rejected. If it, or a similar standard, had been adopted, perhaps the resulting racial apartheid of the House redistricting plan could have been avoided.
2 House District 80 in Lower Richland County currently has a black voting age population of 38.67%; House District 113 in North Charleston has a black voting age population of 32.15%. Those numbers are reduced in the proposed House plan to 18.04% and 16.45%, respectively.
3 The targeted districts with black voting age populations presently above 25% are Districts 31, 37, and 43.--District 37 under the present Senate districting plan has a black voting age population of 41.17%. The core of the district is fundamentally restructured in H. 3003, with large numbers of mostly rural African-Americans removed and replaced with large blocks of mostly suburban white voters. The resulting district would be stripped of over half its black voters and have a black voting age population of 20.18%. The proposed Senate District 37 violates the established Senate districting criteria of preserving cores of existing
4 Those targeted districts with minority voting age populations presently slightly under 25% include Districts 18 and 20. The proposed Senate plan also makes a rather bizarre swap of major portions of the populations of Districts 23 and 26, contrary to the established redistricting principle of preserving the core of existing districts.
3. United States Congress: A significant traditional districting principle, long utilized in South Carolina, is respect for county lines.
Sincerely,
Jim Hodges
Governor
Rep. HARRISON spoke against the Veto.
Rep. JENNINGS spoke in favor of the Veto.
Rep. WILKINS spoke against the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Merrill Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Clyburn Cobb-Hunter Coleman
Emory Freeman Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Rhoad Rivers Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Snow Weeks Whatley Whipper Wilder
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I voted to sustain the veto because I agree with the reasons articulated in the Governor's veto letter. I support the particular provisions of H. 3003 as they relate to Sumter County.
Rep. J. David Weeks
If I had been present, I would have voted to sustain the veto of the Governor. I was unable to attend session due to medical reasons.
Rep. Alex Harvin III
The Senate returned to the House with concurrence the following:
H. 4349 (Word version) -- Reps. Knotts, Bingham, Quinn and Whatley: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF SEPTEMBER AS "PROSTATE CANCER AWARENESS MONTH" AND CALL ON THE PEOPLE OF THE STATE, INTERESTED GROUPS, AND AFFECTED PERSONS TO PROMOTE AWARENESS OF PROSTATE CANCER, TAKE AN ACTIVE ROLE IN THE FIGHT TO END THE DEVASTATING EFFECTS OF PROSTATE CANCER ON INDIVIDUALS, THEIR FAMILIES, AND THE ECONOMY, AND OBSERVE THE MONTH OF
H. 4367 (Word version) -- Reps. Haskins, Wilkins Easterday, Cato, Hamilton, Leach, Loftis, and Vaughn: A CONCURRENT RESOLUTION TO COMMEND BOB JONES UNIVERSITY OF GREENVILLE FOR ITS ACADEMIC EXCELLENCE, ITS COMMITMENT TO ITS PRINCIPLES, AND ITS CONTINUING CONTRIBUTIONS TO THE ECONOMIC, CULTURAL AND SOCIAL HEALTH OF THE UPSTATE, TO NOTE THAT IN THE YEAR 2002 BOB JONES UNIVERSITY WILL CELEBRATE THE SEVENTY-FIFTH YEAR OF ITS FOUNDING, AND TO WISH THE UNIVERSITY, ITS TRUSTEES, FACULTY, STAFF, STUDENTS, ALUMNI, AND SUPPORTERS EVERY SUCCESS IN THE YEARS TO COME.
Rep. KNOTTS moved that the House recede, subject to the call of the Chair, which was agreed to.
At 1:00 p.m. the House, in accordance with the motion of Rep. KNOTTS, receded subject to the call of the Chair, in memory of former Representative Ernest Minton Holland of Simpsonville.
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