Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:
O Lord of heaven and earth, may it please You this day to order and hallow, to rule and govern our hearts and bodies, our thoughts, words and works, according to Your commandments. Bless those who hold office in the government of this State of South Carolina, and all those who make, administer, and judge our laws that they may do their work in a spirit of wisdom, kindness, and justice. Help them use their authority to promote the general welfare and to serve faithfully in our generation to the honor and glory of Your holy name. Let us not falter in hope! Let us offer our praise and our lives to the Lord, our God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. STUART moved that when the House adjourns, it adjourn in memory of Wilson Jeffcoat of North, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4244 (Word version) -- Reps. A. Young and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-27-235 SO AS TO ALLOW NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-27-210, RELATING TO THE DEFINITION OF "EMPLOYER", SO AS TO EXTEND THE DEFINITION TO ANY NATIVE AMERICAN TRIBE AND ANY EMPLOYING UNIT REQUIRED TO PAY THE FEDERAL UNEMPLOYMENT TAX; TO AMEND SECTION 41-27-260, AS AMENDED, RELATING TO THE DEFINITION OF "EMPLOYMENT", SO AS TO EXTEND THE DEFINITION TO AN APPOINTED SUCCESSOR TO AN ELECTED OFFICIAL AND ADD AN EXEMPTION DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, AS AMENDED, RELATING TO AN EMPLOYER'S BASE RATE COMPUTATION PERIOD, SO AS TO EXPERIENCE RATE NEW EMPLOYERS AFTER TWELVE MONTHS AT THE NEXT ANNUAL RATING FOLLOWING THE YEAR IN WHICH THEY REACH THEIR TWELVE MONTH EXPERIENCE STATUS; TO AMEND SECTION 41-31-60, AS AMENDED, RELATING TO THE EMPLOYER DELINQUENT REPORT PENALTY, SO AS TO REDUCE THIS PENALTY; TO AMEND SECTION 41-31-110, AS AMENDED, RELATING TO THE SUCCESSOR RATING PERIOD, SO AS TO REDUCE THE RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO CONTRIBUTION REPORTS, SO AS TO REQUIRE ELECTRONIC CONTRIBUTION AND WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80, RELATING TO THE UNEMPLOYMENT TRUST FUND, SO AS TO CORRECT A REFERENCE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4641 (Word version) -- Rep. Cato: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NONFRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN PRE-LICENSING AND CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NONFRANCHISE AUTOMOBILE DEALERS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4712 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 20-7-2725, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DAYCARE CENTERS FROM EMPLOYING PERSONS WHO HAVE BEEN CONVICTED OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FINANCIAL CRIME WHICH IS NOT A FELONY IS NOT PROHIBITED FROM BEING HIRED AND TO DEFINE "FINANCIAL CRIME".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3450 (Word version) -- Reps. Bingham, Knotts, Lourie, J. E. Smith and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR THE OFFENSE OF MISDEMEANOR DEATH BY A VEHICLE, AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3049 (Word version) -- Reps. Campsen, Altman, Simrill, Cotty and Knotts: A BILL TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE SOUTH CAROLINA STATE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME" FOR THIS PURPOSE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3849 (Word version) -- Reps. Sinclair, J. E. Smith, Cotty, Allen, Allison, Barrett, McLeod, Campsen, Coleman, Davenport, Delleney, Easterday, Fleming, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Lee, Littlejohn, Lourie, Lucas, McCraw, McGee, Meacham-Richardson, Merrill, Rivers, Robinson, Sandifer, F. N. Smith, W. D. Smith, Talley, Townsend, Vaughn, Walker, Weeks, White, Wilder, Wilkins and J. Young: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE, AMONG OTHER THINGS, THE QUALIFICATIONS BASED ON THE POPULATION OF THE COUNTY IN WHICH THE PROBATE JUDGE SERVES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4856 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE KARIN B. SKIPPER OF MID-CAROLINA HIGH SCHOOL IN NEWBERRY COUNTY UPON BEING NAMED THE EARTH SCIENCE TEACHER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA, THE SOUTH CAROLINA EARTH SCIENCE TEACHERS ASSOCIATION, THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND THE UNIVERSITY OF SOUTH CAROLINA CENTER FOR SCIENCE EDUCATION, AND TO EXTEND SINCERE APPRECIATION FOR HER OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO PUBLIC EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4857 (Word version) -- Reps. Chellis, Harrison, Battle, Sinclair and J. R. Smith: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A MUNICIPAL JUDGE, SO AS TO PROVIDE THAT A MUNICIPAL JUDGE MUST BE APPOINTED BY A MUNICIPAL COUNCIL FOR A TERM OF FOUR YEARS INSTEAD OF A TERM NOT EXCEEDING FOUR YEARS.
Referred to Committee on Judiciary
H. 4858 (Word version) -- Reps. Sharpe and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC TOXICITY PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE TOXICITY NPDES PERMIT LIMITATIONS IF A DISCHARGE HAS THE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4859 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND TO APIARY PRODUCTS THE EXEMPTION FOR FARM, GROVE, VINEYARD, AND GARDEN PRODUCTS SOLD IN THE ORIGINAL STATE OF PRODUCTION BY THE PRODUCER OR THE PRODUCER'S IMMEDIATE FAMILY.
Referred to Committee on Ways and Means
H. 4860 (Word version) -- Rep. J. Brown: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA NURSES" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
Referred to Committee on Education and Public Works
S. 255 (Word version) -- Senators Hayes, Branton, Ryberg, Ravenel, Giese, Grooms, Alexander, Wilson, Peeler, J. V. Smith, Leatherman, Hawkins and Ritchie: A BILL TO AMEND SECTION 16-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO OFFENSES INVOLVING WEAPONS, SO AS TO REVISE THE DEFINITION FOR THE TERM "CRIME OF VIOLENCE" TO INCLUDE THE OFFENSES OF DISTRIBUTION OF NARCOTIC DRUGS AND TRAFFICKING OF NARCOTIC DRUGS.
Referred to Committee on Judiciary
S. 809 (Word version) -- Senators Grooms, Ravenel, Branton, Richardson, Courson, Rankin and Elliott: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS, TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT, AND TO CLARIFY THAT OF SPECIAL PERMITS AUTHORIZED FOR CONSTRUCTION OR RECONSTRUCTION OF STRUCTURES SEAWARD OF THE BASELINE, NO HABITABLE STRUCTURE MAY BE CONSTRUCTED OR RECONSTRUCTED ON A PRIMARY OCEANFRONT SAND DUNE OR ON THE ACTIVE BEACH AND IF, DUE TO EROSION, A PERMITTED HABITABLE STRUCTURE BECOMES SITUATED ON THE ACTIVE BEACH, THE OWNER AGREES TO REMOVE IT IF ORDERED TO DO SO BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 969 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 50-11-2210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN ACTIVITIES ARE UNLAWFUL ABUSES OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS; AND TO AMEND SECTION 50-11-2220, AS AMENDED, RELATING TO ADDITIONAL PENALTIES FOR ABUSING WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ENTER ONTO WILDLIFE MANAGEMENT AREA LANDS AFTER LOSING THE PRIVILEGE TO ENTER WILDLIFE MANAGEMENT AREA LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1006 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-13-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS REGARDING TROTLINES, SO AS TO REQUIRE THAT TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE MUST, IN ADDITION TO OTHER REQUIREMENTS, BE CAPABLE OF BEING PASSED THROUGH A THREE-INCH-LONG CYLINDER WITH A ONE-HALF INCH INSIDE DIAMETER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1009 (Word version) -- Senators Grooms and Mescher: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE SANTEE RIVER BOAT LANDING WHERE U.S. HIGHWAY 17-A AND S. C. HIGHWAY 41 CROSS THE SANTEE RIVER ABOVE JAMESTOWN IN BERKELEY COUNTY THE "LENUD'S FERRY BOAT LANDING".
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1062 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO DROUGHT PLANNING RESPONSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2630, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1063 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WMA'S, DESIGNATED AS REGULATION DOCUMENT NUMBER 2657, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1065 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TROUT HARVEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2690, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
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 Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper 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 Koon Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, March 6.
Jackson Whipper Todd Rutherford Richard Quinn William Witherspoon G. Murrell Smith H.B. "Chip" Limehouse Marion Carnell Harry Askins Michael Whatley Bill Cotty Jerry Govan
STATEMENT OF ATTENDANCE
Rep. CAMPSEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Committee Meetings on Tuesday, March 5.
The SPEAKER granted Rep. RIVERS a leave of absence for Thursday, February 28 and Tuesday, March 5 due to appearing in court.
Announcement was made that Dr. Steven Ross of Florence is the Doctor of the Day for the General Assembly.
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. 3849 (Word version)
Date: ADD:
03/06/02 MCLEOD
Bill Number: H. 4432 (Word version)
Date: ADD:
03/06/02 CAMPSEN
Bill Number: H. 4519 (Word version)
Date: ADD:
03/06/02 CAMPSEN
Bill Number: H. 4412 (Word version)
Date: ADD:
03/06/02 CAMPSEN
Bill Number: H. 3250 (Word version)
Date: ADD:
03/06/02 HAMILTON
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 STUART
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 EASTERDAY
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 HAMILTON
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 LUCAS
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 JENNINGS
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 BARFIELD
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 HAYES
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 MILLER
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 BATTLE
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 MEACHAM-RICHARDSON
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 KIRSH
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 G. BROWN
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 MOODY-LAWRENCE
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 MCCRAW
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 PHILLIPS
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 TRIPP
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 PERRY
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 SHARPE
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 J. R. SMITH
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 R. BROWN
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 HINSON
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 BREELAND
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 GOURDINE
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 TALLEY
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 TAYLOR
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 WHIPPER
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 LITTLEJOHN
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 BINGHAM
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 CARNELL
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 NEILSON
Bill Number: H. 4830 (Word version)
Date: ADD:
03/06/02 FREEMAN
Rep. HARRELL moved that H. 4878, the General Appropriation Bill for Fiscal Year 2002-2003, be set for Special Order on Tuesday, March 12, 2002, immediately after roll call and immediately after roll call every day thereafter, and continue each day until given a second reading, which was agreed to.
Rep. HARRELL moved that H. 4879, a Codification and Appropriation Bill for fiscal year 2002-2003, be set for Special Order immediately after second reading of H. 4878, the General Appropriation Bill for fiscal year 2002-2003, and immediately after roll call every day thereafter, and continue each day thereafter until given a second reading, which was agreed to.
Rep. HARRELL moved that H. 4878 and H. 4879 be set for Special Order for third reading after second reading of both Bills, and immediately after roll call every day thereafter, and continue each day thereafter until given a third reading, which was agreed to.
Rep. HARRELL moved that while debating H. 4878, the General Appropriation Bill, and H. 4979, the Codification and Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4497 (Word version) -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 3145 (Word version) -- Reps. Lourie, J. E. Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks, McLeod, Allison, Koon, Frye, McGee, Martin, Hosey, Clyburn, Gilham, Altman, Meacham-Richardson, Kirsh, J. Hines, Mack, Miller, Cotty, Hamilton, Law, Hinson, Chellis, Harrison, Neilson, Weeks, Owens, Loftis and Bingham: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE STATE AND FEDERAL CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, TO PROVIDE PENALTIES, AND TO PROVIDE THAT STATE CHECKS ARE NOT REQUIRED FOR DIRECT CAREGIVERS EMPLOYED ON JULY 1, 2001, UNLESS THEY SUBSEQUENTLY ARE UNEMPLOYED FOR ONE YEAR OR LONGER.
H. 3328 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY WHICH HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE UNDER CERTAIN CIRCUMSTANCES.
The following Bill was taken up:
H. 3957 (Word version) -- Reps. J. E. Smith and Allison: A BILL TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11271AC02), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 of the bill and inserting:
/SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. TALLEY moved to adjourn debate upon the following Bill until Tuesday, March 19, which was adopted:
S. 987 (Word version) -- Senator Reese: A BILL TO AUTHORIZE THE COMMISSION OF PUBLIC WORKS FOR THE CITY OF SPARTANBURG TO ESTABLISH A SAFETY AND SECURITY DEPARTMENT AND EMPLOY LAKE WARDENS WHO MUST BE COMMISSIONED AS CONSTABLES; TO ESTABLISH THE QUALIFICATIONS FOR EMPLOYMENT AS A LAKE WARDEN; TO PROVIDE FOR THE POWERS, DUTIES, AND JURISDICTION OF LAKE WARDENS; TO REQUIRE THE POSTING OF A BOND AS A PREREQUISITE TO EMPLOYMENT; TO EXEMPT LAKE WARDENS FROM CERTAIN REPORTING REQUIREMENTS OF CONSTABLES; TO AUTHORIZE THE USE OF EMERGENCY VEHICLES BY LAKE WARDENS; AND TO PROVIDE PENALTIES FOR FALSELY REPRESENTING OR CONDUCTING ONESELF AS A LAKE WARDEN.
The following Bill was taken up:
H. 4421 (Word version) -- Reps. Townsend, Walker and Littlejohn: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF A SCHOOL DISTRICT AS UNSATISFACTORY PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS ARBITER OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21071SD02):
Amend the bill, as and if amended, by striking item (2), subsection (B) of Section 59-18-1580 of the 1976 Code, as contained in SECTION 1, and inserting:
/ (2) arbitrate personnel matters between the district board and district superintendent when the State Board of Education is informed that the district board is considering dismissal of the superintendent, and the parties agree to arbitration; /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Reps. EASTERDAY, HINSON, BATTLE, HAYES, ALTMAN, LITTLEJOHN, KIRSH, J. H. NEAL, STUART, WALKER, CLYBURN, WEEKS, HOSEY, COATES, M. HINES, J. BROWN, J. R. SMITH, MACK, LAW, MERRILL, WITHERSPOON, LOFTIS, PARKS, COBB-HUNTER, TOWNSEND, BALES, OTT, MARTIN, THOMPSON and FREEMAN requested debate on the Bill.
The following Bill was taken up:
H. 4830 (Word version) -- Reps. Limehouse, Wilkins, A. Young, Owens, Law, Allison, Bales, Campsen, Cato, Chellis, Cotty, Emory, Fleming, Gilham, Harrell, Koon, Leach, Rice, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, G. M. Smith, Thompson, Vaughn, J. Young, Stuart, Easterday, Hamilton, Lucas, Jennings, Barfield, Hayes, Battle, Meacham-Richardson, Kirsh, G. Brown, Moody-Lawrence, McCraw, Phillips, Tripp, Perry, Sharpe, J. R. Smith, R. Brown, Hinson, Breeland, Gourdine, Talley, Taylor, Whipper, Littlejohn, Bingham, Carnell, Neilson and Miller: A BILL TO AMEND CHAPTER 48, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA'S "SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS", SO AS TO RENAME THIS SCHOOL THE "CARROLL A. CAMPBELL, JR., SCHOOL OF SCIENCE AND MATHEMATICS".
Rep. JENNINGS spoke in favor of the Bill.
Rep. LIMEHOUSE spoke in favor of the Bill.
Rep. LIMEHOUSE moved to adjourn debate on the Bill until Thursday, March 7, which was agreed to.
The following Bill was taken up:
H. 4383 (Word version) -- Reps. Limehouse, Altman, Campsen, Chellis, Harvin, J. R. Smith, Snow, Whatley, Taylor, Rodgers and Barfield: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 62 SO AS TO PROVIDE FOR THE ISSUANCE OF ARTIFICIAL REEF SPECIAL LICENSE PLATES AND TO PROVIDE THAT THE PROCEEDS OBTAINED FROM THE ISSUANCE OF THE LICENSE PLATES WOULD BE USED BY THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND MAINTAIN ARTIFICIAL REEFS ALONG THE STATE'S COASTLINE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10836CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7300. (A) The department may issue 'Artificial Reef' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of fifty dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of the Motor Vehicle Division in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be deposited in a special account, separate and apart from the general fund, established within and administered by the Department of Natural Resources to support artificial reef development, maintenance, and management.
(C) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. Section 56-3-8100 of the 1976 Code, as added by Act 63 of 1999, is amended by adding at the end:
"(D) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special plate."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The Senate amendments to the following Bill were taken up for consideration:
H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.
Rep. HARRISON proposed the following Amendment No. 2A (Doc Name COUNCIL\NBD\AMEND\11352AC02), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 of the bill in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 3A (Doc Name COUNCIL\NBD\AMEND\11353AC02), which was adopted:
Amend the bill, as and if amended, Section 27-21-20(B) page 5, line 2 by deleting /56-5-5630/ and inserting /56-5-5640/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 4A (Doc Name COUNCIL\GGS\AMEND\22392CM02), which was adopted:
Amend the bill, as and if amended, Section 56-5-6240(C), as contained in SECTION 3, page 2, by inserting after / vehicles / on line 15:
/ , EXCEPT THAT ANY REMAINING PROCEEDS FROM THE SALE MUST BE DEPOSITED IN THE GENERAL FUND OF THE COUNTY OR MUNICIPALITY /
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. MCGEE proposed the following Amendment No. 5A (Doc Name COUNCIL\GGS\AMEND\22390CM02), which was adopted:
Amend the bill, as and if amended, Section 56-5-2522(B), as contained in SECTION 4, page 3, by striking Section 56-5-2522(B) and inserting:
/ (B) Sixty days after a vehicle or object has been towed, a law enforcement officer of the jurisdiction that must notify the owners and lienholders as provided in Section 56-5-5630, must provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on the proper forms.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 4539 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A CONCURRENT RESOLUTION HONORING AMERICA'S LEADERS FOR THEIR EFFORTS IN THE WAR AGAINST TERRORISM.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J. E. Smith, Rivers, Weeks and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.
Rep. SCOTT moved to adjourn debate upon the Senate Amendments until Tuesday, March 12, which was agreed to.
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 by a division vote of 6 to 4:
S. 933 (Word version) -- Senators Ravenel, McConnell and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
Rep. CHELLIS moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4861 (Word version) -- Reps. Coleman, Cotty, G. M. Smith, W. D. Smith, Allen, G. Brown, Davenport, Delleney, Emory, Harrison, Howard, Jennings, Lourie, McCraw, J. M. Neal, Ott, Phillips, Sheheen, Sinclair, F. N. Smith, J. E. Smith, Talley, Weeks, Whatley, Witherspoon and J. Young: A BILL TO AMEND SECTION 56-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVERS LICENSE FOR FAILURE TO COMPLY WITH TRAFFIC CITATIONS ISSUED IN SOUTH CAROLINA OR A COMPACT JURISDICTION, SO AS TO PROVIDE FOR THE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A CITATION FOR A VIOLATION OF TITLE 50 OR ANOTHER LAW REGULATING HUNTING OR FISHING ISSUED IN THIS OR ANOTHER COMPACT JURISDICTION.
Referred to Committee on Judiciary
The following was introduced:
H. 4862 (Word version) -- Reps. Chellis, A. Young and Owens: A CONCURRENT RESOLUTION TO HONOR WOODY WOODCOCK OF SUMMERVILLE FOR AN AMAZING BOXING CAREER AND TO CONGRATULATE HIM FOR BEING INDUCTED INTO THE CAROLINAS BOXING HALL OF FAME ON APRIL 5, 2002, AT LOWE'S MOTOR SPEEDWAY CLUB IN CHARLOTTE, NORTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
At 11:30 a.m. the Senate appeared in the Hall of the House. The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
S. 954 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 6, 2002, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 6, 2002, AT WHICH TIME THE STATE EASTER SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The State Easter Seals Representatives, their parents and members of their party entered the Chamber.
The PRESIDENT of the Senate then recognized Senator Giese who addressed the Joint Assembly as follows:
"Thank you very much. Mr. President, Mr. Speaker, honorable members of the General Assembly, it is my pleasure today to welcome guests in the balcony, the honored guests behind me. Easter Seals of South Carolina has again embarked upon its most worthwhile project to raise funds for people with disabilities, culminating in the 51st annual "B.A.C.-Coffee Day for People with Special Needs" in South Carolina on Good Friday, March 29, 2002. Under the statewide leadership of John Brooks, Chairman of the Easter Seals South Carolina Board of Directors, ably assisted by Sergeant Kenneth Barfield, President of the South Carolina Law Enforcement Officers Association; and Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers Association; and Thomas L. Sponseller, Executive Director of the South Carolina Restaurant Association, and Sammy Ridgeway, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and assist them in creating solutions for their challenges that they face. The "B.A.C." buttons go on sale Wednesday, March 6, 2002 and the "B.A.C." project and all other programs of the Easter Seals deserve the support, merit and praise of all citizens of the State. Now, therefore, be it resolved by the Senate, the House of Representatives concurring that Wednesday, March 6, 2002 is designated "Creating Solutions for Disabilities Day" in South Carolina. "
Senator Drummond and Representative J. BROWN escorted Emili Darrah of Greenwood.
Senator Waldrep and Representative MARTIN escorted Crystal Lynn Beeman of Anderson.
Senator Reese and Representative DAVENPORT escorted Taylor Gregory of Spartanburg.
Senator Branton and Representative A.YOUNG escorted Jonathan Philip Cockle of Summerville.
Senator Setzler and Representative STUART escorted Adam Jumper of Swansea.
Senator Anderson and SPEAKER WILKINS escorted Luke Brunson of Greenville.
Senator McGill and Representative ASKINS escorted Ra'Quan Braboy of Lake City.
Senator Ravenel and Representative MILLER escorted Raymond Keller of Litchfield.
Senator Giese escorted Harriet Lowe of White Rock.
Upon the conclusion of the presentation the State Easter Seals Representatives and their escort party retired from the Chamber.
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. 4705 (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, MARCH 6, 2002.
Chief Justice Toal and her distinguished party were escorted to the Rostrum by Senators Land, McConnell, Thomas, Patterson and Waldrep and Representatives JENNINGS, J. E. SMITH, HARRISON, LUCAS and RUTHERFORD. The President of the Senate introduced Chief Justice Toal.
Chief Justice Toal addressed the Joint Assembly as follows:
There is a tide in the
affairs of men,
Which taken at the flood
leads on to fortune.
Omitted, all the voyage of their life
is bound in the shallows
and in miseries.
And we must take the current
when it serves
or lose our ventures.
Shakespeare
As American icons collapsed under the evil acts of our enemies, we were more frightened, more angry, and more confused than at anytime since December 7, 1941.
Through it all, Americans rediscovered what has always been right and good about our way of life: we rolled up our sleeves; we dusted off our sense of charity and saluted firefighters and police officers as heroes and heroines.
Through the ash and smoke and devastation, we saw the clearest evidence of the instability of steel and concrete and the permanence of our beliefs - beliefs which led our nation's founders to adopt the rule of law as the foundation of our national life.
These beliefs...more than two and a quarter centuries in the making...are a central fiber of our public discussion and military action since September 11th.
Time and again, the President and other world leaders have proclaimed, "We will bring them to justice."
Is there a bolder statement of confidence in America's courts than to suggest that we will expose, to the American justice system, most of those suspected of committing terrorist acts?
Why can an American president promise the world that we are prepared to determine the fate of a suspected terrorist in the same forum, by the same rules as we determine the fate of a suspected thief?
We know that in a democracy, the justice system draws its strength from constant principles and consistent practice; everyone is subject to and protected by the same rules. In America, a person accused of committing a terrorist act and a person arrested for exceeding a speed limit have the same expectation - due process of law, an impartial fact-finder, independent judgment and a penalty that is appropriate to a finding of guilt.
We speak of justice in times of trouble because it is in justice that we find comfort, even solace. Predictability and consistency are basic elements of the rule of law.
Citizens of New York, their judges and court administrators have provided a living monument to our system of justice. One New York court was within the damage zone of the collapsed World Trade Center. Court operations were moved and reopened in a matter of days. With no phone service in lower Manhattan, court administrators put in place an internet-based phone system.
Like all New Yorkers, Chief Judge Judith Kaye has been deeply touched by the attacks. As she recalls the events of that day and those that followed, she talks movingly about the dedication of those who were scheduled to serve jury duty.
With lower Manhattan in shambles, it was impossible to reach the courts by phone or public transportation. Still, jurors appeared by the hundreds. They were eager to serve. Many even declined offers to be excused.
The endurance of New York's court system at a time of ultimate crisis is a powerful testimony to the stability of ordered liberty and to America's confidence in our system of law.
It is in that spirit that I have come to report to you on the State of our Judiciary and to offer some observations as your Chief Justice on some of the court issues you will face.
One of the most awesome of the General Assembly's institutional responsibilities is your duty to select judges. Twenty one of the 50 states select judges by popular election, 26 of the 50 states select judges by appointment of the Governor. Three states use some form of legislative election. South Carolina, has since Colonial times, followed this ruggedly independent course of election of judges by its General Assembly.
Our legislative selection system is rooted in a healthy distrust of putting too much authority in the executive and in a strong desire to assure judicial independence by protecting the selection process from the temporary passions of popular election. Judicial independence is the cornerstone of any system of judgment or dispute resolution. Independence is the hand maiden of fairness and consistency, the hallmarks of a successful judicial system. The perceived absence of judicial independence was from early colonial times one of the catalysts for the creation of our system of legislative election.
South Carolina's constitutional design has proved a wise one - even more so in this age of instant sound bite politics and incredibly costly election campaigns.
Over the last 30 years, beginning with South Carolina's adoption of a modern judicial article in 1972, this General Assembly has led the effort to introduce a high level of scrutiny of potential judges and to level the playing field so that the election process is open to all candidates. Our State has an objective screening process which involves review by the legislature, the public and the legal profession. The result is that we have a judiciary which is slowly beginning to reflect the diversity of South Carolina's citizenry. Have we achieved the goal of a truly diverse judiciary? No, we have not, and there continues to be some very thoughtful debate within your ranks about what can be done to improve diversity in our judiciary.
Let me make some observations as to where we need to concentrate. South Carolina's latest census reveals that almost 30% of our citizens are African-American and almost 52% of our citizens are women. At the present time, the profile of our currently sitting statewide judiciary of 112 judges is that 16% are women and 7% are African-American.
Let's look for a moment at the pool from which these judges are selected. At the present, there are approximately 10,500 lawyers licensed to practice in South Carolina. Of this number, approximately 6% are black and 27% are women. We have one law school in South Carolina, and it produces the vast majority of practicing lawyers and judges in our State. At the moment, approximately 9% of the University of South Carolina Law School student body is black and approximately 45% are women.
Improving diversity on the bench of South Carolina begins with a strong effort to attract a broader base of high school and college students to consider a career in the law. South Carolina devotes less public resources to legal education for our people than all but a handful of states. Plans are underway to construct a new law school and the search for a new dean is well underway. As an old baseball fan, I say, "if you build it, they will come." Increasing the law school's resources is a key component.
Supporting the placement of a broader diversity of young lawyers on state boards and commissions might give them an opportunity to demonstrate their talents on a broader stage.
Public confidence in our judiciary is enhanced when the faces and backgrounds of our judges reflect those of all South Carolinians. As you can see from the statistics, you are beginning to reflect fairly closely, the diversity of the available pool. If we continue to improve the size of the pool, diversity on the bench will surely follow.
There is a great deal of debate nationally about what effect the process of selecting judges has on the independence of the judges selected. Our South Carolina system of legislative election and rigorous public screening is one which ensures that our judges are accountable to the public but not subservient to the momentary public will. Judges must decide their cases without fear or favor. But just as importantly, you have the right and the duty to ask judicial candidates the tough questions. You have been wise stewards of your authority to select capable judges and the result is a balanced selection system which produces a nationally recognized judiciary, men and women of great integrity and ability. I am proud to serve with every man and woman who wears the robe in South Carolina.
Apart from judicial elections, over the years, the primary method of communicating between our branches has been legislative hearings over a specific bill. Judges have been able to provide their expertise to your debate on a variety of issues. The much needed legislation to reform the Guardian ad Litem system in South Carolina, which is close to passage, is an excellent example. I have discussed with Speaker Wilkins and President Pro Tempore McConnell the creation of a Legislative-Judicial Interbranch Forum as an opportunity for representatives of the judicial and legislative branches to exchange information and perspectives as we work together to promote public safety and the preservation of due process. These Interbranch Forums exist in several of our sister states as a collaborative project of the Chief Justice, the President Pro Tempore of the Senate and the Speaker of the House. The forum would come together during the legislature's off season. We hope to announce in the near future the formation of this forum with appointments by each of us, of members of our branch.
Last year, I identified the continued backlog of cases in criminal court - the general sessions of circuit court - as our top management problem. In the past, we have attempted to attack the backlog by increasing the number of circuit court judges. We have not added any trial judges in six years, but our backlogs in all courts continue to soar. I believe we can attack this problem on two fronts: first, by developing new ways of managing the way we try cases and second, by using modern technology to manage more efficiently.
I support continued control by the solicitors of the management of criminal trial dockets in our State. Under the leadership of Justice Costa Pleicones and retired Solicitor Dudley Saleeby, a task force of solicitors, public defenders, private lawyers and clerks of court developed the plan for a pilot model to manage the general sessions docket.
Fifth Circuit Solicitor Barney Giese graciously agreed to pilot a differential case management system in Richland County. This system aims to use fair but set time schedules to streamline the progress of criminal cases without spending additional dollars.
Among those who have contributed to the implementation of this program are: Judge Henry Floyd; Solicitor Barney Giese and his staff, especially Elizabeth Levy; Public Defender Lee Coggiola and her staff; private defense bar including I. S. Leevy Johnson and Joe McCulloch; law enforcement agencies, including Sheriff Leon Lott; Chief/Assistant City Manager Charles Austin; Chief Magistrate William Womble; City Judge Lester Bates and Clerk of Court Barbara Scott and her staff.
While the program is only in the beginning stages, early signs of cooperation are encouraging. This is the sort of innovative problem-solving mechanism that I sought to implement without the expenditure of additional funds but rather through bringing together all the players in the system to effect a positive change. What this really boils down to is fostering cooperation and getting everyone to agree to follow a fairly strictly delineated set of rules.
A positive outgrowth of the formation of the committee is that it has encouraged others including Trey Gowdy, the Solicitor in the Seventh Circuit, Ralph Hoisington in the Ninth Circuit, Greg Hembree in the Fifteenth, Bob Ariail in the Thirteenth, Barbara Morgan in the Second, and others to institute similar programs. Of course, Solicitor Tommy Pope of the Sixteenth and Donnie Myers of the Eleventh have been using their own models for several years. They provide great leadership in this venture. In short, the cooperation among the solicitors throughout the State, in the effort to reduce case backlog, has been very significant.
Last year, I identified as our principal management goal the delivery of fair, compassionate, effective and timely justice through the use of technology. In an arena of severe budget cut backs, greater efficiency in the use of existing personnel is the key to reducing our case backlog.
Although we have sustained severe cuts to our recurring budget resulting in restricted rotation and reduction in many services, we have kept our courthouse doors open in South Carolina.
Our real success story has been to utilize existing nonrecurring department funds and grant monies obtained in partnership with the criminal justice community to continue our effort to create a statewide case management system. We have involved clerks of courts, technology directors, and many other local officials in the design and award of a contract for a case management system which will be piloted in Greenville, Pickens and Richland Counties. By the end of 2002, we expect to have automated the management of cases in magistrate, and circuit court, civil and criminal in 28% of the State.
The decisions of police officers, judges and juries generate a lot of paper memorializing their decisions and declaring what should happen next with a case. These papers have power: the suspension of a license, commitment to jail, release from prison, issuance of a protective order.
In our personal lives, we know what the information age is like, because we experience it in everyday life. We take that card with the magnetic stripe and put it in the gas pump. The machine knows whether it is okay to give us gas. It charges our account even before we leave the pump. Unfortunately, our court world doesn't work like the credit card industry.
If a judge in Sumter issues a protective order for a battered spouse and the police in Conway find him waiting for her outside a restaurant, they may have no way of knowing that something harmful may be about to happen. If they have access to a computer, the order probably doesn't show up on their database.
All this occurs because there has never been any central coordination of the way local court data is collected, displayed and conveyed, despite the thousands of dollars spent at the local level. We are unable to transmit information effectively and efficiently to the people who need it - here in state government, or in local government, or law enforcement, or even inside the court system itself. This cold reality, and its consequences for citizens and for their government, has led us to devise a strategy to correct these problems.
As I said, these papers have power - but could have even more if they could be accessed by everyone who needs to know what these papers direct to be done.
There are some real heroes who have encouraged our beginning efforts. Federal sources include significant Commerce - Justice - State appropriations secured under the leadership of Senator Ernest Hollings, and Byrne Grants, National Criminal History Improvement Program Grants and Court Improvement Program Funds secured through the assistance of Sled Chief Robert Stewart, and Director Boykin Rose and Burke Fitzpatrick of Department of Public Safety.
We have used these funds to help create websites for each of the 46 clerks of court and to provide basic hardware and connectivity to our clerks. These websites will in the future be the point of access by law enforcement, judges, attorneys, litigants and members of the public for court records, decisions and information.
Our Supreme Court website is the point of access for everything from Bar Exam results, to trial judges schedules, to court opinions, to court rules and manual, and shortly, forms provided by Court Administration will be capable of being filled out and downloaded from the site.
The internet based justice information and case management system we are developing will be a national model, particularly for connecting information from rural jurisdictions.
Post September 11th, there is much national focus on access to state court records, state criminal information and other state records. These are the crucial databases which can be used in our national antiterrorism and bioterrorism efforts.
Major encouragement for our management initiatives has also been given by Speaker Wilkins and Ways and Means Chairman Harrell. Times are very difficult financially for our beloved State, but the Speaker and Chairman Harrell have treated the Judicial Department as a coequal branch of government. The same is true for the President Pro Tempore of the Senate and Chairman Hugh Leatherman of the Senate Finance Committee.
When the history of court modernization and the continued vitality of an independent and responsible judiciary in South Carolina is written, the names of our Judiciary Chairmen Glenn McConnell and Jim Harrison will be written large as guardians of our independence and our accountability.
In South Carolina, as in the nation, your state court system handles better than 95% of all criminal cases. The vast majority of criminal defendants whose cases are processed through our state system are represented by public defenders or other attorneys compensated through the Office of Indigent Defense or attorneys who are uncompensated at all.
Almost all of the defendants in death penalty cases in South Carolina are represented by public defenders or by attorneys paid by the Office of Indigent Defense.
The Office of Indigent Defense Fund currently expends $9.5 million a year. Of this fund last year, almost $3 million was spent on less than 20 death penalty cases. The South Carolina Death Penalty Statute requires that the Judicial Department issue a biennial report as to the average attorney fees and expert testimony expended for these cases. I am in the process of assembling from the Office of Indigent Defense and court records detailed information regarding the expense history of these cases. I hope to complete the study this summer. You may wish to defer any fee increases to this fund until you receive my report.
As resource allocation becomes tighter, South Carolina should examine its court fines and fee structure to determine whether the users of the system are contributing their fair share to its operation. Both the House Ways and Means Committee and the Senate Finance Committee have under consideration various proposals. I support the efforts by our clerks of court to revise the filing fees. I urge that, before any revision is adopted, you take a comprehensive look at the entire fees and fines structure. I am committed to working with local government and with you to develop a modern court fees and fines structure.
The central theme of my approach to the management of your court system is partnership. In many states, the court system is administered by a large, centralized bureaucracy. In South Carolina, management of our system is centered in the 46 clerks of court. The Constitution requires that the Chief Justice provide the administrative leadership.
In this time of scarce resources, the clerks and I are using our combined talents and resources to keep our system going. Partnerships with law enforcement and with our solicitors are an additional way of squeezing the maximum from scarce financial resources. All these partnerships begin with you.
While current economic turbulence may make our present course somewhat uncertain, the future is as bright and solid and undaunted as is the bedrock optimism of our people. Shakespeare's injunction that the tide in the affairs of men must be taken at the flood is exactly the right course for your court system. We will be bold. We will do more with less, and for the safety and security of our nation we will endure and prevail.
As judges, we must remember that we are in the final analysis problem solvers. All else must give way to the search for truth which is the core of the law.
The motto of my court is Nil Ultra, but we abide in the certainty that there is a higher authority. "What doth thy God require of thee? Do justly, love mercy and walk humbly with your God."
Upon conclusion of her address, Chief Justice Toal and her escort party retired from the Chamber.
Rep. HARRISON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4839 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO COMMEND MRS. FLORINETTE FORD RENFROW OF LAKE VIEW FOR HER DEDICATION TO HER FAMILY AND FAMILY VALUES EXHIBITED OVER MANY YEARS WHILE RAISING A CHRISTIAN FAMILY OF ELEVEN OUTSTANDING AND ACCOMPLISHED CHILDREN, AND TO CONGRATULATE HER FOR BEING NAMED THE 2002 SOUTH CAROLINA MOTHER OF THE YEAR.
H. 4843 (Word version) -- Reps. Knotts, 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, 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, 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, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THOMAS F. RICHEY, SR., OF IRMO FOR HIS LIFETIME OF DEDICATED SERVICE TO THE AMERICAN LEGION AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
H. 4854 (Word version) -- Reps. Kelley, Keegan, Barfield, Edge and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND FIRE CHIEF LYNWOOD O. WOMACK OF THE MYRTLE BEACH FIRE DEPARTMENT FOR HIS OUTSTANDING LEADERSHIP OF THE DEPARTMENT UPON HIS RETIREMENT AS CHIEF.
At 12:30 p.m. the House, in accordance with the motion of Rep. STUART, adjourned in memory of Wilson Jeffcoat of North, to meet at 10:00 a.m. tomorrow.
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