Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalms 33:1: "Rejoice in the Lord, O you righteous. Praise befits the upright."
God, You entrusted Your beloved creation to the hands of Your creatures and have given us the great privilege of acting as stewards. We come to You today, bringing our wisdom and our love in concrete form to share with others. We entrust hearts, hands, and all that we have to be grown greater through Your blessing of us. Hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. RHOAD moved that when the House adjourns, it adjourn in memory of Gary Matthew Harley of Springfield, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3207 (Word version) -- Reps. Wilkins, Altman, Stille, Bailey, Walker, G. M. Smith, Sandifer, Young, Keegan, Simrill, Viers, Merrill, Cobb-Hunter, Harrison, Witherspoon, Littlejohn, Richardson and Delleney: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3209 (Word version) -- Reps. Wilkins, Altman, Stille, Bailey, Walker, G. M. Smith, Sandifer, Talley, Harrison, Richardson and Delleney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3208 (Word version) -- Reps. Wilkins, Harrison, Altman, Stille, Bailey, Walker, Sandifer, Young, Keegan, Simrill, Witherspoon, Littlejohn, Richardson, Kirsh, Taylor, Delleney, Ceips and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES AND TO REQUIRE AN ANNUAL REPORT OF ALL EXPENDITURES TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES UNLESS OTHERWISE EXEMPTED; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO INFORMATION EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A DOCUMENT REFLECTING THE FINAL FINANCIAL COMMITMENT BY A PUBLIC BODY IS A COVERED DOCUMENT OF, OR INCIDENTAL TO, A PROPOSED CONTRACTUAL ARRANGEMENT AND A PROPOSED SALE OR PURCHASE OF PROPERTY AND THEREFORE SUBJECT TO DISCLOSURE AS PRESCRIBED, THAT A CONTRACT RELATED TO EFFORTS OR ACTIVITIES OF A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST IN THIS STATE IS EXEMPT ONLY UNTIL THE BUSINESS OR INDUSTRY PUBLICLY ANNOUNCES ITS PROJECT OR THE COUNCIL EXECUTES A FINAL CONTRACT, AND THAT DOCUMENTATION OF EFFORTS OR ACTIVITIES OF A PUBLIC BODY OR ONE ACTING FOR A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST WITHIN SOUTH CAROLINA IS EXEMPT FROM DISCLOSURE UNLESS THE DOCUMENTS RELATE TO THE FINANCIAL COMMITMENT BY A PUBLIC BODY, WHICH DOCUMENTATION LOSES ITS EXEMPTION ONCE THE BUSINESS OR INDUSTRY HAS PUBLICLY ANNOUNCED ITS PROJECT OR THE COUNCIL HAS EXECUTED A FINAL CONTRACT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3206 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Stille, Taylor, Bailey, Delleney, Ceips, Walker, Bales, G. M. Smith, Sandifer, Young, Keegan, Littlejohn and Kirsh: 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 AND AUTHORIZE INVITATIONS TO BE EXTENDED AT NATIONAL AND REGIONAL CONVENTIONS AND CONFERENCES TO ALL MEMBERS OF THE GENERAL ASSEMBLY; 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 A PERSON WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE FOR THE ELECTION OR DEFEAT OF A CANDIDATE, AND DELETE A BALLOT MEASURE WITHIN THIS DEFINITION, 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 AND DELETING WITHIN THE DEFINITION AN EXPENDITURE MADE BY A PERSON TO ADVOCATE THE ELECTION OR DEFEAT OF A CLEARLY DEFINED CANDIDATE OR BALLOT MEASURE, DELETING EXPENDITURES WHEN TAKEN AS A WHOLE AND IN CONTEXT MADE BY A PERSON EXPRESSLY TO URGE A PARTICULAR RESULT IN AN ELECTION, 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 SHALL FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED 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 AND REQUIRE A POLITICAL PARTY, LEGISLATIVE CAUCUS COMMITTEE, AND A PARTY COMMITTEE TO FILE A CERTIFIED CAMPAIGN REPORT UPON THE RECEIPT OF ANYTHING OF VALUE WHICH TOTALS MORE THAN FIVE HUNDRED DOLLARS AND DEFINE "ANYTHING OF VALUE"; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION SHALL 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 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 A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1371 SO AS TO ESTABLISH CONDITIONS UNDER WHICH CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE MAY BE USED, PROVIDE THAT THE STATE ETHICS COMMISSION HAS JURISDICTION TO SEIZE FUNDS AND DISTRIBUTE THEM AMONG VARIOUS SPECIFIED FUNDS OR ENTITIES IF THERE IS A VIOLATION OF THIS 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; BY ADDING SECTION 8-13-1373 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, TO DEFEND AN ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE ATTORNEY GENERAL HAS BEEN REQUESTED AND REFUSES TO DEFEND THE ACTION; 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, CHAPTER 13, TITLE 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3375 (Word version) -- Reps. Wilkins, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, Taylor, Tripp, Vaughn, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Harrell, Harrison, Harvin, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Thompson, Toole, Townsend, Trotter, Umphlett, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION RECOGNIZING OUR FORMER COLLEAGUE, MICHAEL E. EASTERDAY OF SIMPSONVILLE, FOR HIS EIGHT YEARS OF DISTINGUISHED SERVICE TO AND ESTEEMED LEADERSHIP IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND SENDING HIM OFF TO HIS NEW POSITION AS LEGISLATIVE DIRECTOR IN THE OFFICE OF THE GOVERNOR WITH OUR FONDEST HOPES FOR MUCH CONTINUED SUCCESS.
Whereas, Representative Michael E. Easterday of Simpsonville began his distinguished representation of Greenville County and service to the State of South Carolina in 1995; and
Whereas, the Flint, Michigan, native adopted Greenville County as his home and graduated from its Bob Jones University; and
Whereas, the voters of his district honored him with their trust by choosing him as their voice, and he ably justified their choice; and
Whereas, his vital service as a respected member of the Judiciary Committee, most recently as Chairman of the Criminal Laws Subcommittee, and his honorable leadership as Secretary to the House Ethics Committee offered him the opportunity to greatly benefit his district, county, and State during his eight years at the State House; and
Whereas, his attention to his legislative responsibilities never faltered as he spent three arduous years of that period attending the University of South Carolina School of Law, graduating in 1999; and
Whereas, the lawyer/accountant/statesman would be the first to acknowledge that his proudest roles are those of husband to his lovely wife Tempe and father to Harris, Christina, and Samuel; and he credits them for giving him the freedom, strength, and support to serve; and
Whereas, although Mike Easterday gave up his seat in this great House of Representatives on January 16, 2003, to join the Office of the Governor, his duties with Governor Mark Sanford will serve as a bridge between the Executive and Legislative branches of state government; and
Whereas, this body is certain he will carry out his new responsibilities in policy and legislative matters with his characteristic intelligence, competence, and success. Now, therefore,
Be it resolved by the House of Representatives:
That we recognize our former colleague, Michael E. Easterday of Simpsonville, for his eight years of distinguished service to and esteemed leadership in the South Carolina House of Representatives, and send him off to his new position as Legislative Director in the Office of the Governor with our fondest hopes for much continued success.
Be it further resolved that a copy of this resolution be presented to Michael E. Easterday.
The Resolution was adopted.
The following was introduced:
H. 3376 (Word version) -- Rep. Lloyd: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE OFFICER CECIL GARRICK OF COLLETON COUNTY ON BEING PROMOTED TO THE RANK OF UNITED STATES AIR FORCE CHIEF MASTER SERGEANT AND TO WISH HIM CONTINUED SUCCESS DURING HIS MILITARY CAREER.
The Resolution was adopted.
The Senate sent to the House the following:
S. 234 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND AND EXTOL GREAT HUMANITARIAN AND PUBLIC SERVANT, HYMAN RUBIN, ON THE OCCASION OF HIS NINETIETH BIRTHDAY, JANUARY 21, 2003, AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 235 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF ELIJAH KINGSTON "E.K." BEST OF LEE COUNTY, WHO PASSED AWAY ON TUESDAY, DECEMBER 17, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HIS LOVING FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3377 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE SCHOOL WEEK OF DECEMBER 2 THROUGH DECEMBER 6, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. LEACH, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3378 (Word version) -- Reps. Kirsh, F. N. Smith and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-15 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AS PROVIDED BY LAW SHALL BE DEVOLVED UPON THE STATE SUPERINTENDENT OF EDUCATION.
Referred to Committee on Education and Public Works
H. 3379 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 56-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EYE EXAMINATION REQUIRED FOR THE RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE EYE EXAMINATION MAY BE MADE BY A MECHANICAL DEVICE AUTHORIZED BY LAW OR A PERSON WHO OPERATES CERTAIN DEVICES WHICH PERFORM EYE EXAMINATIONS IN ADDITION TO OTHER AUTHORIZED PERSONS, AND TO PROVIDE THAT A PERSON WHOSE VISION REQUIRES CORRECTION MAY NOT OMIT THAT CORRECTION DURING A MECHANICAL EXAMINATION.
Referred to Committee on Education and Public Works
H. 3380 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 5-3-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR THE REDUCTION OF CORPORATE LIMITS OF A MUNICIPALITY, SO AS TO PROVIDE THAT THE REDUCTION MUST BE APPROVED BY AN AFFIRMATIVE VOTE OF A MAJORITY OF THE QUALIFIED RESIDENTS OF THE AREA RESIDING IN THE AREA TO BE CUT OFF RATHER THAN A MAJORITY OF THE QUALIFIED ELECTORS OF THE MUNICIPALITY.
Referred to Committee on Judiciary
H. 3381 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-252 SO AS TO PROVIDE THAT EACH COUNTY TREASURER MUST POST A SIGN IN EACH OFFICE THAT ACCEPTS PAYMENT FOR MOTOR VEHICLE PROPERTY TAXES AND REGISTRATION FEES THAT INFORMS THE PUBLIC THAT UPON PAYMENT OF MOTOR VEHICLE PROPERTY TAXES AND REGISTRATION FEES THAT THE DEPARTMENT OF PUBLIC SAFETY WILL FORWARD TO A PERSON HIS NEW MOTOR VEHICLE VALIDATION STICKER OR LICENSE PLATE, OR BOTH, AND HIS REGISTRATION CARD, AND TO PROVIDE THAT THE INFORMATION CONTAINED ON THE SIGN MUST BE PROVIDED IN WRITTEN FORM TO EACH PERSON ONCE HE PAYS HIS MOTOR VEHICLE PROPERTY TAXES AND REGISTRATION FEES.
Referred to Committee on Education and Public Works
H. 3382 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSES RENEWED, SO AS TO DELETE THE PROVISIONS RELATING TO THE ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE, AND TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A BEGINNER'S PERMIT; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE AGE OF A PERSON WHO MAY APPLY FOR A BEGINNER'S PERMIT AND WHO IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTIONS 56-1-175 AND 56-1-176, BOTH RELATING TO THE ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE.
Referred to Committee on Education and Public Works
H. 3383 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-77 SO AS TO ALLOW QUARTERLY PAYMENTS OF PROPERTY TAXES BY SMALL BUSINESSES AND TO DEFINE "SMALL BUSINESS".
Referred to Committee on Ways and Means
H. 3384 (Word version) -- Rep. Littlejohn: A BILL TO AMEND CHAPTER 20, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, SO AS TO RENAME CHAPTER 20, TITLE 23 "LAW ENFORCEMENT COOPERATION, ASSISTANCE, AND MUTUAL SUPPORT"; TO DESIGNATE SECTIONS 23-20-10 THROUGH 23-20-60 AS ARTICLE 1 OF CHAPTER 20, TITLE 23, ENTITLED "THE LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT" AND AMEND SECTIONS 23-20-10 THROUGH 23-20-60 TO CONFORM BY STRIKING "CHAPTER" AND INSERTING "ARTICLE" AS APPROPRIATE; AND TO FURTHER AMEND CHAPTER 20, TITLE 23, BY ADDING ARTICLE 3 SO AS TO ENACT "THE ILLEGAL ALIEN ENFORCEMENT ACT" AND PROVIDE THAT, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICIALS IN THIS STATE, AND ANY OTHER PERSON HAVING THE POWER OF ARREST IN THIS STATE, ARE AUTHORIZED TO ARREST AND DETAIN AN INDIVIDUAL FOR A CRIMINAL VIOLATION OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT AND ANY FEDERAL LAW RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES; TO PROVIDE CERTAIN LIMITATIONS ON THE EXERCISE OF THE AUTHORITY TO ARREST AND DETAIN CERTAIN ILLEGAL ALIENS GRANTED BY THIS ARTICLE; AND TO PROVIDE THAT THIS ARTICLE MUST BE CONSTRUED CONSISTENT WITH THE PURPOSE OF AUTHORIZING THE ARREST AND DETENTION OF CERTAIN ALIENS ILLEGALLY PRESENT IN THE UNITED STATES INCIDENT TO ENFORCEMENT OF THE FEDERAL IMMIGRATION AND NATURALIZATION ACT AND FEDERAL LAWS RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES.
Referred to Committee on Judiciary
H. 3385 (Word version) -- Rep. Sheheen: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE KERSHAW COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Referred to Committee on Education and Public Works
H. 3386 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-60-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE, SO AS TO PRESCRIBE PROFESSIONAL CONDUCT OF APPRAISERS IN CONFORMANCE WITH THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE, (USPAP) AS PROMULGATED BY THE APPRAISAL STANDARDS BOARD OF THE APPRAISAL FOUNDATION.
Referred to Committee on Labor, Commerce and Industry
H. 3387 (Word version) -- Rep. Cotty: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE KERSHAW COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Referred to Committee on Education and Public Works
H. 3388 (Word version) -- Rep. Cotty: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF RICHLAND COUNTY SCHOOL DISTRICT TWO OF RICHLAND COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Referred to Committee on Education and Public Works
H. 3389 (Word version) -- Reps. Lourie, Cotty, J. E. Smith, Howard, Rutherford, J. H. Neal, Bales, J. Brown, Harrison, Quinn and Scott: A BILL TO AMEND ACT 584 OF 1986, RELATING TO THE RESTORATION OF THE CHARTERS OF SMITH TIMBER, INC., THE HARDEEVILLE BUSINESS DEVELOPMENT CORPORATION, AND THE REVOCATION OF THE CHARTER OF THE COLUMBIA JEWISH COMMUNITY CENTER, SO AS TO DELETE THE REVOCATION OF THE CHARTER OF THE COLUMBIA JEWISH COMMUNITY CENTER RETROACTIVE TO THE EFFECTIVE DATE OF THE REVOCATION.
On motion of Rep. LOURIE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3390 (Word version) -- Rep. Viers: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE THAT STOCK DIVIDENDS REPORTED ON A TAXPAYER'S INDIVIDUAL FEDERAL INCOME TAX RETURN FROM ANY YEAR ARE DEDUCTIBLE ON THE TAXPAYER'S STATE INDIVIDUAL INCOME TAX RETURN FOR THAT YEAR.
Referred to Committee on Ways and Means
H. 3391 (Word version) -- Rep. Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SECRETARY OF STATE SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, THE SECRETARY MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON.
Referred to Committee on Judiciary
H. 3392 (Word version) -- Rep. Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON.
Referred to Committee on Judiciary
H. 3393 (Word version) -- Rep. Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, HE MUST BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR WITH THOSE QUALIFICATIONS AND UNDER THOSE PROCEDURES THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, HE MUST BE APPOINTED BY THE GOVERNOR.
Referred to Committee on Judiciary
H. 3395 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IN COURTS OF THE UNIFIED JUDICIAL SYSTEM, SO AS TO PROVIDE THAT NOT LESS THAN TWENTY-FIVE PERCENT OF THE REVENUE RETAINED FROM THESE ASSESSMENTS MUST BE ALLOCATED TO THE VICTIM WITNESS PROGRAM OF THE SOLICITOR IN WHOSE CIRCUIT THE COUNTY OR MUNICIPALITY IS SITUATED; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO GENERAL SESSIONS COURT SURCHARGES, SO AS TO PROVIDE THAT NOT LESS THAN TWENTY-FIVE PERCENT OF THE REVENUE RETAINED FROM THESE SURCHARGES MUST BE ALLOCATED TO THE VICTIM WITNESS PROGRAM OF THE SOLICITOR IN WHOSE CIRCUIT THE COUNTY OR MUNICIPALITY IS SITUATED.
Referred to Committee on Judiciary
H. 3396 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, AND SECTION 14-7-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO PEREMPTORY CHALLENGES, SO AS TO ALLOW THE PROSECUTION THE SAME NUMBER OF PEREMPTORY CHALLENGES AS THE DEFENSE IN CRIMINAL CASES.
Referred to Committee on Judiciary
H. 3397 (Word version) -- Reps. Walker, Lourie and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-80 SO AS TO ENCOURAGE TEXTBOOK PUBLISHERS TO PROVIDE COMPACT DISC COPIES OF THE TEXTBOOK OR AN EXTRA COPY OF THE TEXTBOOK FOR USE AT HOME FOR EACH MIDDLE AND SECONDARY SCHOOL TEXTBOOK PROVIDED TO THE STATE.
Referred to Committee on Education and Public Works
H. 3398 (Word version) -- Reps. Kennedy, Snow and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-270 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO OBTAIN GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY ON CREDIT FROM AN ESTABLISHMENT AT WHICH GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY IS OFFERED FOR RETAIL SALE WITH THE INTENT NOT TO PAY FOR THE GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY WHEN PAYMENT BECOMES DUE, TO PROVIDE THAT CIRCUMSTANTIAL AS WELL AS DIRECT EVIDENCE IS ADMISSIBLE TO PROVE A PERSON'S INTENTION NOT TO PAY FOR GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY OBTAINED ON CREDIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Judiciary
H. 3399 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 8-21-320 RELATING TO THE FEE FOR EVERY MOTION MADE IN THE COURT OF COMMON PLEAS.
Referred to Committee on Ways and Means
H. 3400 (Word version) -- Reps. M. A. Pitts and Taylor: A BILL TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.
Referred to Committee on Judiciary
S. 188 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 3, 2002, BY THE STUDENTS OF A. R. LEWIS ELEMENTARY SCHOOL IN PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BREAK IN A WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. RICE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The following was taken up for immediate consideration:
H. 3394 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO SET WEDNESDAY, JANUARY 29, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, AS THE TIME FOR ELECTING A MEMBER TO FILL A VACANCY ON THE HOUSE LEGISLATIVE ETHICS COMMITTEE.
Be it resolved by the House of Representatives:
That the House of Representatives elect a member to fill a vacancy on the House Legislative Ethics Committee on Wednesday, January 29, 2003, at a time to be determined by the Speaker.
The Resolution was adopted.
On motion of Rep. W. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 3401 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE PRESIDENT RONALD WILSON REAGAN BY DECLARING THAT FEBRUARY SIXTH BE KNOWN AS "RONALD REAGAN DAY" IN HONOR OF HIS SERVICE AS PRESIDENT OF THE UNITED STATES OF AMERICA.
Whereas, the members of the General Assembly are pleased to recognize President Ronald Wilson Reagan by declaring February sixth as "Ronald Reagan Day" in honor of his service to the citizens of South Carolina and the United States of America; and
Whereas, President Ronald Wilson Reagan worked throughout his life serving freedom and advancing the public good, having been employed as an entertainer, Union leader, corporate spokesman, Governor of California, and President of the United States; and
Whereas, Ronald Reagan served with honor and distinction for two terms as the fortieth President of the United States of America, the second term of which he earned through the confidence of three-fifths of the electorate and was victorious in forty-nine of the fifty states in the general election, a record unsurpassed in the history of American Presidential elections; and
Whereas, during his Presidency he worked in a bipartisan manner to enact his bold agenda restoring accountability and common sense to government, which led to an unprecedented economic expansion and opportunity for millions of Americans; and
Whereas, Mr. Reagan's dedication to an active social policy agenda for the nation's children helped lower crime and drug use in our neighborhoods; and
Whereas, President Reagan's commitment to our armed forces contributed to the restoration of pride in America, her values, and those cherished by the free world, and prepared America's Armed Forces to win the Gulf War; and
Whereas, President Reagan's vision of "peace through strength" led to the end of the Cold War and the ultimate demise of the Soviet Union, guaranteeing basic human rights for millions of people; and
Whereas, the members of the General Assembly are pleased to recognize President Ronald Wilson Reagan on his ninety-second birthday on February 6, 2003, by declaring that day "Ronald Reagan Day." Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize President Ronald Wilson Reagan by declaring that February sixth be known as "Ronald Reagan Day" in honor of his service as President of the United States of America.
Be it further resolved that a copy of this resolution be forwarded to President Ronald Wilson Reagan of California.
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 Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland Brown, G. Brown, J. Brown, R. Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman Hines, J. Hines, M. Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Pinson Pitts, E.H. Pitts, M.A. Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, January 22.
Tracy Edge Jerry Govan Fletcher Smith Richard Quinn Seth Whipper Douglas Jennings
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, January 16.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 21.
Announcement was made that Dr. H. E. Walpole of Easley 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. 3183 (Word version)
Date: ADD:
01/22/03 MCLEOD
Bill Number: H. 3190 (Word version)
Date: ADD:
01/22/03 BARFIELD
Bill Number: H. 3208 (Word version)
Date: ADD:
01/22/03 MCLEOD
Bill Number: H. 3232 (Word version)
Date: ADD:
01/22/03 BARFIELD
Bill Number: H. 3232 (Word version)
Date: ADD:
01/22/03 KEEGAN
Bill Number: H. 3318 (Word version)
Date: ADD:
01/22/03 DUNCAN
Bill Number: H. 3322 (Word version)
Date: ADD:
01/22/03 DUNCAN
Bill Number: H. 3324 (Word version)
Date: ADD:
01/22/03 DUNCAN
Bill Number: H. 3109 (Word version)
Date: ADD:
01/22/03 BAILEY
Bill Number: H. 3109 (Word version)
Date: ADD:
01/22/03 SHEHEEN
Bill Number: H. 3125 (Word version)
Date: ADD:
01/22/03 COTTY
Bill Number: H. 3354 (Word version)
Date: ADD:
01/22/03 WHITE
Bill Number: H. 3354 (Word version)
Date: ADD:
01/22/03 SCARBOROUGH
Bill Number: H. 3354 (Word version)
Date: ADD:
01/22/03 HARRELL
Bill Number: H. 3188 (Word version)
Date: ADD:
01/22/03 BARFIELD
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 129 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 192 OF 1995, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY, SO AS TO INCREASE THE COMMISSION FROM SEVEN TO EIGHT AND TO PROVIDE FOR THE APPOINTMENT AND ELECTION OF THE CHAIRMAN.
The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3327 (Word version) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 29 AND 30, 2002, BY THE STUDENTS OF SLATER-MARIETTA ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ROOF AND STRUCTURAL PROBLEMS 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. 3342 (Word version) -- Rep. Merrill: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE PORTS AUTHORITY TO PROCEED WITH THE PERMITTING AND DEVELOPMENT OF A MARINE CARGO TERMINAL ON THE SOUTHERN END OF THE FORMER CHARLESTON NAVAL BASE, AND TO ENCOURAGE THE EXPEDITIOUS ISSUE OF NECESSARY PERMITS TOWARD THAT END.
Rep. EDGE moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3402 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MISS SHELLEY WHITE OF MULLINS ON BEING NAMED THE NATIONAL RURAL EDUCATION TEACHER OF THE YEAR AND WISHING HER CONTINUED SUCCESS AND SATISFACTION IN HER TEACHING CAREER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
S. 254 (Word version) -- Senators Martin and Alexander: A CONCURRENT RESOLUTION TO COMMEND JAMES VERDIN "JAMIE" HUGHES OF PICKENS FOR HIS OUTSTANDING COURAGE, SELFLESSNESS, AND CONCERN FOR OTHERS DEMONSTRATED WHEN HE SAVED NATALIE BADNARUK FROM HER BURNING HOME ON JANUARY 19, 2003.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3403 (Word version) -- Reps. Delleney, Coleman and McCraw: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF CHESTER COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OR GOVERNING BODY OF THAT DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Referred to Committee on Education and Public Works
H. 3404 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8927 SO AS TO PROHIBIT A PERSON UNDER THE AGE OF TWENTY-ONE FROM PURCHASING OR POSSESSING TOBACCO PRODUCTS; TO AMEND SECTION 16-17-500, AS AMENDED, RELATING TO SUPPLYING A MINOR WITH TOBACCO, SO AS TO MAKE IT UNLAWFUL TO SUPPLY A PERSON UNDER THE AGE OF TWENTY-ONE WITH TOBACCO PRODUCTS; TO AMEND SECTION 16-17-501, RELATING TO DEFINITIONS USED IN CONNECTION WITH TOBACCO DISTRIBUTION TO MINORS, SO AS TO CHANGE THE REFERENCE FROM AN INDIVIDUAL EIGHTEEN YEARS OF AGE OR OLDER TO ONE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 16-17-502, RELATING TO DISTRIBUTION OF TOBACCO PRODUCT SAMPLES, SO AS TO MAKE IT UNLAWFUL TO SUPPLY A PERSON UNDER THE AGE OF TWENTY-ONE WITH TOBACCO PRODUCT SAMPLES AND TO PROVIDE THAT A PERSON DISTRIBUTING TOBACCO PRODUCT SAMPLES SHALL DEMAND PROOF OF A PROSPECTIVE RECIPIENT'S AGE IF HE APPEARS TO BE UNDER THE AGE OF TWENTY-ONE; TO AMEND SECTION 16-17-503, RELATING TO ENFORCEMENT AND REPORTING REQUIREMENTS OF TOBACCO RELATED OFFENSES, SO AS TO CHANGE THE REFERENCE FROM PERSONS UNDER THE AGE OF EIGHTEEN TO PERSONS UNDER THE AGE OF TWENTY-ONE; TO AMEND SECTION 40-6-230, AS AMENDED, RELATING TO AUCTIONEERS OF TOBACCO AND LIVESTOCK, SO AS TO ADD A PROVISION STATING THAT AUCTIONING TOBACCO IS NOT POSSESSION OF TOBACCO; AND TO AMEND SECTIONS 44-128-20 AND 44-128-50, BOTH RELATING TO SOUTH CAROLINA YOUTH SMOKING PREVENTION, SO AS TO CHANGE REFERENCES TO MINORS FROM PEOPLE UNDER THE AGE OF EIGHTEEN TO PEOPLE UNDER THE AGE OF TWENTY-ONE.
Rep. ALTMAN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. BATTLE objected.
Referred to Committee on Judiciary
Rep. STILLE moved that the House recede until 6:45 p.m., which was agreed to.
At 6:45 p.m. the House resumed, the SPEAKER in the Chair.
The House stood in silent prayer in memory of George Tillman Gregory, Jr., former Chief Justice of the Supreme Court.
The House stood at ease, subject to the call of the Chair.
At 6:55 p.m. the House resumed, the SPEAKER in the Chair.
At 7:00 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
H. 3356 (Word version) -- Reps. Wilkins, W.D. Smith, Harrison, Harrell, J. Brown, Cato, Witherspoon, Townsend and Chellis: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 22, 2003, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Governor Marshall C. Sanford and distinguished party were escorted to the rostrum by Senators J.V. Smith, Thomas, O'Dell, Jackson and Kuhn and Reps. BALES, BARFIELD, TRIPP, MARTIN AND BREELAND. The President of the Senate introduced Governor Sanford who then addressed the Joint Assembly as follows:
Mr. Speaker, Mr. President, Ladies and Gentlemen of the General Assembly, Constitutional Officers, My fellow South Carolinians:
It's an honor to be with you tonight and I would say before I begin that the last few months have been an amazing voyage for our family. While I am in the process of recognizing people, I would like say that no one has played a larger role in this personal voyage than my wife, Jenny, South Carolina's new first lady. I would ask that you recognize and welcome her as well.
Our campaign from day one has been about change so that we raise income levels, education, and quality of life in South Carolina. Since November 5th we've been busy building a cabinet. I think we have assembled a great team, and I would ask that they stand and be recognized.
They are competent, share a genuine concern for our State, and represent a great diversity of perspectives.
Tonight, I am here to deliver my view on the state of our State.
I wish I could tell you that the state of our economy was strong, but Dickie Moorehead, working construction in the upstate, knows better, as does a plant worker in Anderson or Spartanburg.
I wish I was assuming leadership of a state whose budget is sound, but everyone in this Chamber knows it is not.
I wish I could tell you our education system is second to none, but too many children in South Carolina don't graduate or graduate without skills essential for success in the 21st century.
Despite these challenges, we have a great opportunity because if we address them properly, we can move South Carolina forward.
To make the right changes, as I said in my Inaugural, it is important that we begin by shooting straight. Our budget is a mess. There is a disconnection between the promises of government and our ability to pay for those promises.
I propose beginning to close that gap by not offering the normal state of the State speech-typically a laundry list of new programs regardless of the budget capacity to support them. To do that this year would be misleading. As you all know, we are struggling to pay for the promises already on the table.
Therefore, let me make this my first state of the State, one that focuses not on more money for programs but on the root causes. Root causes, the structure of our government, have contributed to the situation we find ourselves in: quite simply, I think they boil down to five things.
I. Do you have a voice in our state government? Said differently, do we have a government that is accountable?
II. Does our state government spend your money the way you do? For me, this goes straight back to the structure of government.
III. Are we competitive? In the information age, this is increasingly a question of education.
IV. Are there innovative things we can do to raise income and revive wealth creation in our State? Translated, it's the economy, stupid.
V. Man does not live on bread alone. Are we doing what is needed to maintain or improve our quality of life?
In some cases, more money would help in each of these areas, but it's not realistic in this budget year. So, I will refine my focus to structural issues. In fact, to make lasting change in any of these areas, we have to make structural change. So think of me as a carpenter. Just as a carpenter couldn't possibly repair a home without the right tools, raising income levels in our State will require government to use new tools and new approaches.
I want to repeat this: my hands are tied right now monetarily, so I'm not here tonight asking for new programs, but for new tools. The transforming effect of new tools on government could be told with a thousand examples, but here's one - Ataturk. Ataturk emerged as the national liberator of the Turks at the collapse of the Ottoman Empire. He ended the Ottoman tradition of theocracy and dynasty and instituted a Republic system. As he described it, he moved to a system of the people. He transformed the legal and educational systems, and made similar advances in housing, manufacturing, and agriculture. His reforms were so dramatic that within the decade, gross national product increased five-fold. In the similar vein, Argentina had the highest per capita income of any country on the globe in the 1920s, but because it didn't change its government structure, it failed to adapt to changes in the world. Its economy now shows it.
So in this year of budget crisis - structure, not spending, is the card we've been dealt. Let's make lemonade out of that lemon, because in an odd sort of way, we should be thankful because structural change is only possible when times are tough. Creative destruction occurs every day in the business marketplace. Change is constant in the world of technology. It has been ten years since we have addressed the structure of this government.
Here is what we propose:
I. Do South Carolinians have a voice in state government? For me, this is all about accountability.
1. I will do this several times tonight, but let me repeat something I said at the Inaugural. I believe in the concept of servant leadership. Too many people in government seem to think they are above regular folks. I will expect humility in the way each member of my team serves; this comes with recognizing that the taxpayer is boss. It is my goal that this tone grows from this administration to other parts of government.
2. Voices can only be heard, and solutions can only be reached, when we work together. Columbia has been a divided place for too long. I began the process of preparing for this first state of the State by having conversations with the leadership of the House and the Senate, the Black Caucus, and individual legislators. The Bible talks about being quick to listen. This administration will listen to every one of you, regardless of your party affiliation. For this reason, I will hold regular office hours and visits with the legislature, members, caucuses, and leadership alike.
3. Each of us holds a sacred trust - we are stewards. We are the divide between taxpayers and tax spenders. This administration's goal is to work with each one of you as we maintain and strengthen that trust. For this reason. I am proposing an executive order directing my agencies to end the practice of stonewalling the Legislature as you do your job of gathering information from them. Each of you may represent different constituencies, but at the end of the day, we all represent South Carolina. The free flow of information is vital if we are to make good decisions.
4. Let's sign the campaign finance reform bill that has been gathering dust in Columbia. My predecessor vetoed it. Wes Hayes, Doug Smith, Tommy Moore, and the Speaker worked with many of you on this. If given the chance, I'll sign it.
5. Just as we need disclosure of campaign finances, we should no longer hide expenditures at the Department of Commerce. Bob Faith is someone in whom I have, well, tremendous faith. He will work hard to create a more open and accountable Department of Commerce. But, we should also go one step further by passing the Speaker's bill that will require the disclosure of all special fund accounts at Commerce.
6. Last year South Carolina government spent $1.9 million lobbying itself! Governmental agencies hiring lobbyists to lobby for more taxpayer dollars creates an unacceptable cycle that fuels the growth of more government. Taxpayers can no longer afford this practice, and our budget can no longer accommodate it. Let's pass a bill similar to the one proposed by Representative Merrill to fix this.
7. In this State, too many people have to travel to the State House Complex to be heard. When I was in Congress, I held office hours throughout the district so that people didn't have to drive to Charleston. It can be intimidating to go through security and secretaries to meet "the Congressman." I wanted to meet folks on their territory at a spot familiar and comfortable to them, like the Wal-Mart, or the grocery or hardware store, where people could voice their concerns. I'll do the same thing as Governor.
I'll also host an "Open Door after 4" one evening each month in the governor's office so that folks who can't otherwise get off work can have personal access to me. This meeting is not with my staff, an intern, or an agency director; that's a visit with me. They won't be long visits, but anyone from anywhere in South Carolina will be able to sit down in the Governor's office with the Governor for a visit.
II. Does our state government spend your money the way you do? For me, this goes straight back to the issue of governmental structure.
I realize that for many of you, this is like watching paint dry, but its impact can be felt in the cost of South Carolina government: approximately thirty percent above the national average. If we are to get our economy going, we have to be more lean and efficient. Structural change can reduce that thirty percent number and continue what Carroll Campbell began in 1993.
1. There are still too many unelected boards and commissions controlling too many aspects of our lives. I think having the number of constitutional officers that we do dilutes the executive branch's ability to administer government effectively. Philosophically, I think every constitutional officer, with the exception of the Attorney General, should be appointed by the Governor. Send me a proposal to reduce the number of statewide-elected officials, and I'll accept it.
2. I'm troubled by the vagueness of authority in the governance of the five-member Budget and Control Board and the 1100 or so employees that comprise that agency. Remember the old adage that when too many are in charge, no one is. Work with us, and let's consolidate the bulk of these functions into a Department of Administration within the Governor's cabinet.
3. Too many positions in state government are classified. I recently learned that most of our newly elected constitutional officers, with the exception of the Governor, couldn't hire a single person to form their own team unless existing employees resign or retire. All of the positions in these offices are "protected or classified." This is crazy. In the business world, could you imagine giving a new manager a task, but allowing him no flexibility in his ability to tackle the job at hand? Whether it's the Governor or a board or commission, I strongly believe that the next two tiers in each agency should also serve at the will of the agency director. I ask you to work with us in giving our government leaders, elected or appointed, the support they need to accomplish what we ask them to do.
4. On a related issue, isn't it time that we allow the Governor and Lt. Governor in this State to run on a ticket? These should not be separate and autonomous officers, but rather an extension of the same philosophy and beliefs. I would also ask that we strengthen the Lt. Governor's office so that he or she becomes a more active participant in the Executive branch.
Within this category of structure and spending, let me address the budget. The dragon in this building tonight is the budget. Little can be done about so many of the issues that we care about until we address the budget.
Allow me to pause here for a second and thank Chairmen Harrell and Leatherman for their help and time in exploring any number of budget issues during transition.
I'd say first and fundamentally, we are going to have to do what small business does every day: tighten our belts and look closely at priorities. We began that process at the Governor's Mansion this week. The mansion director was paid $80,000 a year, and we have decided to eliminate that position. We did not cut each person's salary by 5%. We looked for a role, a function that we thought we could do without. If every agency and department finds just one function they can do without, we can go a long way toward closing the budget divide before us. Over the months ahead, I will earnestly look at state government priorities with you. Here are a few of the principles this administration will employ in addressing the budget.
Let's begin with the home office; for us it's the Executive branch. We need to lead by example. For too long, the Executive branch has been exempt from the very balanced budget rules that this legislature holds sacred. Governors have sent you budgets devoid of the realities that you all have to contend with. I think that this practice needs to end. Send me a bill requiring that the Governor's proposed budget be balanced when it is sent to the legislature, and I'll sign it.
Then there is the issue of conservative forecasting at the BEA. As best I can tell, the system is gamed. When folks in government want more money to spend, the numbers are revised upward. We all know that the numbers are subject to political pressure and I want to take the politics out of something as important as economic forecasting for our State. The average family cannot survive on a budget built on overly rosy predictions and neither can our State. Please help me to work with Chairmen Leatherman and Harrell to find a way to get politics out of our forecasting processes.
Send me a bill that caps the growth of government realistically, requires a public justification for the creation of every new program, and requires cost projections for these programs, not just for the first year, but also for the first five years, and I'll sign it.
This kind of thing has been done elsewhere. The legislature and Governor Bill Owens in Colorado came together and capped the growth of government to inflation and population growth. Passing this will protect us from government's normal propensity to spend every new dollar on the growth of existing programs or the creation of new ones. Granted, this hasn't been a problem over the last two years;, you've been cutting budgets rather than raising them, but it is a problem that will return as our economy improves.
Allow me a few other budget thoughts.
You've realized some limited success in getting a few agencies to move toward performance budgeting. I'll help you to continue and broaden this effort by requiring every cabinet agency to adopt either zero-based or performance budgeting within the next four years.
Let this also be the year that we curb the annualization problem. No sensible family would use a one-time bonus to finance a new car - if they didn't have some other source for payments - not just this year's - but also each following year's payments. This principle should also hold true for our State.
In this vein, I think we ought to be much more methodical in our budget process. I'd ask you to consider the possibility of a biennial budget, a six-year financial plan for the state operating budget and the adoption of a true capital budgeting process with a ten year planning window.
Ronald Reagan is a man many of us in this room admire, and I would like to steal an idea of his that was an effective tool in the fight against waste and duplication in government - the Grace Commission. Some of the brightest minds in the business world took an exhaustive look at the workings of government and did indeed find things that could be done better. We need to do this in South Carolina, and I will ask for this commission to begin its work immediately after Memorial Day.
III. Are we competitive? In the information age, this has increasingly become a question of education.
There are a number of things we could do to improve education that do cost money, but once again because of the budget crisis we are in, I want to stay true to what I promised at the beginning of this speech, and focus on structure.
We are in a tough spot. Providing a quality education for South Carolina's children is this State's most important responsibility. I applaud the House, the Senate, Superintendent of Education Inez Tennenbaum, and former Governor Hodges for leading a renewed emphasis on education in our State over the past four years. I also want to applaud the work of teachers. The fact that I can remember Clyde Hincher or Lilian Spears speaks volumes about the impact teachers have in every student's life- for the rest of that student's life. Yet education is more than half of the state budget, and if you are in a budget crisis it's going to be tough. So I will say just a couple of things.
I will work with Inez, our Superintendent of Education, to make sure that the money is indeed going to high priority areas - teacher quality and early childhood education are two on my list.
There are a few structural things we could do:
1. Block grants. What are the most efficient uses of our education dollars in each of our State's school districts? I am the first to admit that I don't know. Each district has unique needs and challenges. Currently, the state provides about $1 billion of your tax dollars to local districts through a confusing 80 or so spending categories. How can we hold local administrators accountable for their PACT scores without giving them the authority to spend their funding where they see fit?
We think you could send the same dollars in a much more simplified system using just six different categories of block grants.
2. Conduct grades, in-school suspensions, and boot camps. On the last two, we will try to work with other agencies in my cabinet to find creative solutions. On conduct, why not arm parents with a report card so that they know whether or not Junior is behaving in class? Too many teachers in South Carolina are forced to baby-sit, not teach, and I think that's wrong. It's wrong not only for our teachers, but for our students as well because often times the behavior of a handful robs the rest of the class of opportunities to learn.
Discipline in our behavior toward each other and toward those in authority has as much to do with our success as our academic performance in reading or math. I say this because if you learn control in your behavior, you can also become disciplined in learning math or reading skills. I will look at advancing any idea that might better help a teacher to be sovereign of the classroom.
The fact is that school crime has increased 26 percent during the past four years.
Unfortunately, this problem was highlighted just last Thursday in Sumter when a fourteen year old, a twelve year old, and an eleven year old allegedly tried, at gunpoint, to steal school board member Iona Dwyer's car at 11:00 a.m. in the elementary school parking lot. It is insane to believe that people are expected to teach or learn in this kind of environment.
3. In the campaign, there were many misrepresentations about my proposals for increasing parents' choices for their children's education. Every one of the ideas we advanced had been tried in another state, and had worked to improve education and achievement. This ultimately ought to be the test of any idea of educational choice. Charter schools will be our first step, as there are currently only 14 in the state. As a result, we are leaving millions of dollars in available federal matching funds on the table.
4. On the issue of higher education, we do not have the resources to allow every institution to be everything to everybody. Universities, colleges, and technical colleges are all a part of the formula for raising income levels in South Carolina. But, it must be a formula that involves more focused roles, better coordination, less duplication, and better responsiveness to the workforce needs of this state. I'm open to how this should be done, but I am committed to working with each one of you in seeing that it will be done.
In all of these things, my goal will be simple: to improve the education of our children. But, I want to go beyond simply saying that I'm for education. I want to work with each one of you to better education in our State.
IV. Are there innovative things we can do to raise income and revive wealth creation in our State? Translated, it's the economy, stupid.
The answer is yes. Bob Faith has been charged with a tremendous responsibility in trying to help us set a better playing field for all businesses in South Carolina. He will do well. One of many ideas he has brought to my attention is the creation of a small business ombudsman in Commerce. Small businessmen and women, the backbone of our state's economy, have never had this kind of advocate before in Commerce.
We need a focus in the whole administration on jobs and wealth creation, and I will expect not just the Secretary of Commerce, but every agency head to ask what every program or function does for the business climate in South Carolina.
We need a Governor who will focus on business development the way Carroll Campbell did. While I have no illusion of filling his shoes, I will follow in his footsteps.
Finally, I don't think we can be competitive as a state in attracting investment and new jobs by being midrange in taxes. Economist Richard Vedder completed a fascinating study showing how people in America have literally walked from high tax states to low tax states - and in the process taken jobs and investment with them. To increase the number, and quality of jobs in our State, we have to be a low-tax state. This was one of the key premises behind my income tax proposal. The other was tied to the need to change the structure of South Carolina's tax system, so that it rewards the efforts of the small businessman and the productive behaviors of savings and investment. The income tax system is a tax on the generation of wealth, and we need to generate more wealth in this state.
V. Man does not live on bread alone. Are we doing what is needed to maintain or improve quality of life in South Carolina? I recognize this term means a lot of things to different people in our State.
1. To some, a better quality of life means not waiting in a line for hours at a DMV office. This ought to be a simple and basic function of state government. I know that many of you in this Chamber worked hard on this issue. J.T. Gandolfo, Chairman of my DMV Task Force, did a great job of researching this problem, as did Chairman Townsend's House DMV Committee. Unfortunately, their findings present a gloomy picture. If left unchanged, the lines will grow longer this summer at DMV offices across our state. The technology is flawed, and the culture requires change.
The problem also highlights the lunacy of our present government structure. Let's pretend these were not DMV offices, but instead a chain of carwashes. After a visit to your facilities customers, leave irate because they were forced to wait for hours, or sometimes only get half a carwash and are told to come back for the other half, or better still, are occasionally told that the carwash has lost their car. Can you imagine anyone in the business world leaving the existing management team in place? Yet, this is the card I'm dealt. I can't replace the head of Public Safety or the head of DMV who works for him. How can we ever get good government in South Carolina with this type of accountability?
In the meantime, I ask that you join with me in adopting immediate measures to thwart the crisis headed our way. As an example, we propose extending the renewal period on licenses from 5 to 10 years, the licensing of new cars by the auto dealers who sell them, and people not having to make two trips, to the DMV and the Auditors office, when one trip would suffice. There are many other ideas, but the point is that many immediate steps could be taken and we ask for your help over the months ahead.
2. For others, a better quality of life means a health care safety net that is truly safe. Medicaid spends over 3 billion dollars each year, and it is currently in crisis. It will require about a $150 million increase in funds just to keep the existing programs going. One solution is to simply raise taxes. I think this action alone would be a mistake because simply raising taxes is no more than a band-aid for a patient in critical need of surgery. We have a duty to work together to find a solution not just for this year, but also for subsequent years.
Each of you knows my aversion to tax increases. Like many of you, I have pledged not to increase taxes. Polls apparently say the tobacco tax is palatable, if not popular. The polls do not change my mind, nor do they release me from my pledge. Any specific tax increase should be accompanied by a plan for a corresponding decrease of our tax burden in other areas. Not surprisingly, I have specific thoughts on decreasing the income tax with any proposal to increase the cigarette tax to fund Medicaid. This may well be an acceptable tax substitution as the federal government pays 70% of Medicaid while South Carolinians pay 100% of the income tax.
Let's also look at Medicaid reforms: eligibility, better linkage with non-profit and faith-based institutions, and a different approach to the way that Medicaid provides service.
Medicaid doesn't look at health in any sort of long-term context, but rather seems to serve as an insurance agency that simply pays to treat symptoms. I think it's very important that we implement a system wherein Medicaid patients have medical homes and primary care physicians that look at their health needs and the causes of those health needs.
There's something wrong with a Medicaid system that paid for $26 million in visits to emergency rooms last year, though in many cases care could have been provided in a setting less expensive for the taxpayer and less institutional for the patient.
There is something wrong with a Medicaid system that will pay for a series of different specialists' opinions or specialty procedures, but doesn't pay for significant preventive services.
There is something wrong with a Medicaid system that will pay for a $1500 a year drug plan to reduce cholesterol for twenty years, but it won't pay for an ongoing $200 a year nutritional plan that would reduce cholesterol by an even greater amount.
We know that a diet high in saturated fat can lead to coronary heart disease. Well, we have plaque in the Medicaid blood stream. Before we ask for more blood to go through those constricted arteries, we owe it to the taxpayer, patient, and provider alike to reform the system. Concurrent with any proposal for more money, there must be reform. If we need waivers for more flexibility, I will go to the mat in Washington to get them.
3. Public safety: DNR, SLED, DPS troopers, corrections officers, they are all part of law enforcement. The men and women who make up these organizations are unsung heroes because of the risks they take for each of us. It's important that we reward those risks when our budget rebounds.
4. While on the subject of safety, let me say something about driving and drinking in South Carolina. We have a problem. Road deaths are about double the national average. By moving to a .08% blood alcohol standard, we can save lives, avoid losing $60 million of federal money, and stay consistent with a conservative philosophy that says your rights end when they begin to infringe upon mine. Some would say let's handle this by confiscating the car of a drunk driver. I say let's go .08% and confiscate the car. Send me a bill and I'll sign it.
5. Since I mentioned the issue of state workers a moment ago, let me add this. All state workers have been hit hard over the last few years. This isn't the budget year to promise that big pay raises are coming. But, it is important we do something to recognize the way each one of them contributes to the quality of life in South Carolina.
I propose making their retirement more secure. Let's move the fixed income portfolio for state employees out of the Treasurer's office and into its own trust fund. Monies managed and controlled by the State are monies that can be borrowed in tough times. None of us can serve two masters, yet the state treasurer is placed in the unfortunate position of trying to do just that. This current policy also creates a fragmented investment process, and neither of these things is good for a state government retiree in South Carolina. It's not the raise we all would like, but it does a better job of investing $15 billion of their retirement money. It is, for the moment, a way of saying thank you for working through these tough times.
6. Ultimately, the biggest part of quality of life is the way that we look and feel differently as a State. I believe it's a point of profound competitive advantage in attracting participants in all business arenas - but particularly in the technology revolution taking place all around us. We will propose many ideas whether it's making sure we stay true to our commitment to the Conservation Bank, or looking at the way we build roads. But, let me give you a perfect example of what I'm talking about...neighborhood schools.
I believe very strongly in the concept of neighborhood schools, and we need to make these schools a much bigger part of the educational effort in South Carolina. Our current policies encourage the construction of massive, isolated schools that are inaccessible to the communities they serve. Rather than walking or biking to their neighborhood school, many students spend more time stuck on buses than they do with their families. And perhaps worst of all, many children are ignored in these large schools.
Anonymity and education don't go together. By the Educational Oversight Committee's own analysis, one of the keys to improving education is a sense of community where teacher, student, and parent all feel a sense of ownership in their school.
In addition to depriving many students of a quality education, these remotely sited mega schools also accelerate developmental sprawl into our rural areas, and what comes with it: increased car trips, lengthened bus routes, and a disappearing countryside.
Please help me to bring back smaller community-centered schools. First, let's work with the State Department of Education to eliminate minimum acreage requirements so that school boards have greater flexibility in site selection.
Second, let's enact legislation that caps student populations for our future facilities. Florida just did this, limiting elementary schools to 500 students, middle schools to 700 students, and high schools to 900 students. I ask that you send me similar legislation.
Our children are the heart of this great State. Let's allow their schools to be the hearts of our communities.
We've covered a lot of ground tonight but the key to moving any of these ideas forward through the legislative process lies in the courage to act. In this regard, may I read to you from part of a note sent to me by a good friend?
A letter from underway, after the tragedy:
Below is an e-mail from a young ensign aboard the USS Winston Churchill to his parents (Churchill is an Arleigh Burke class AEGIS guided missile destroyer, commissioned March 10, 2001, and is the only active U.S. navy warship named after a foreign national).
Saturday, September 14, 2001
Dear Dad,
We are still at sea. The remainder of our port visits have all been cancelled. We have spent every day since the attacks going back and forth within imaginary boxes drawn in the ocean, standing high security watches, and trying to make the best of it. We have seen the articles and the photographs, and they are sickening. Being isolated, I don't think we appreciate the full scope of what is going on back home, but we are definitely feeling the effects.
About two hours ago, we were hailed by a German Navy destroyer, Lutjens, requesting permission to pass close by our port side. Strange, since we're in the middle of an empty ocean but the captain acquiesced and we prepared to render them honors from our bridgewing. As they were making their approach, our conning officer used binoculars and announced that the Lutjens was flying not the German, but the American flag. As she came alongside us, we saw the American flag flying half-mast and her entire crew topside standing at silent, rigid attention in their dress uniforms.
They had made a sign that was displayed on her side that read "We Stand By You." There was not a dry eye on the bridge as they stayed alongside us for a few minutes and saluted. It was the most powerful thing I have seen in my life. The German Navy did an incredible thing for this crew, and it has truly been the highest point in the days since the attacks. It's amazing to think that only half-century ago things were quite different.
After Lutjens pulled away, the Officer of the Deck, who had been planning to get out later this year, turned to me and said, "I'm staying Navy."
I'll write you when I know more about when I'll be home but this is it for now.
Love you guys.
None of us know who the German officer in command of the Lutjens was, but every one of us knows he's a leader. I'm sure it wasn't in the German Naval manual to take down the German flag and fly an American flag over a German Naval destroyer. I'm sure it wasn't standard practice to ask his men to don their dress uniforms, go topside, and salute the men and women onboard the American vessel alongside her. I'm sure it was against protocol to paint a sign and hang it from the edge of the ship. He took risks. To me that is what leadership is all about. Over the months ahead, I will ask you to lead. I will ask you to take risks, because leadership is impossible without it. Most of all, I will ask you to set aside the manual of how it was done before, because frankly, there is no manual for the path before us. But working together, I know we can chart a course that will improve the life of every South Carolinian. I look forward to your help. I ask for your prayers. God bless our great State, and good night.
Upon the conclusion of this address, Governor Sanford and his 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 7:53 p.m. the House resumed, the SPEAKER in the Chair.
Rep. W. D. SMITH moved that the House do now adjourn, which was agreed to.
At 7:55 p.m. the House, in accordance with the motion of Rep. RHOAD, adjourned in memory of Gary Matthew Harley of Springfield, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, June 24, 2009 at 3:30 P.M.