TUESDAY, JANUARY 22, 2002

Indicates Matter Stricken

Indicates New Matter

The House assembled at 12:00 noon.

Deliberations were opened with prayer by Rep. GILLIAM as follows:

We thank You, Heavenly Father, for these moments to lift up our hearts to You. We thank You that when our prayer is finished, Your presence continues with us. When the burdens are heavy, grant us Your strength to carry them. When the pressures are great, grant us Your peace. When the days are long and the demands great, give us Your wisdom that we might think clearly and act wisely. Help us bear the wounds of criticism, the hurt of misunderstanding, and the pain of misjudged motives with a forgiving spirit. Thank You, Lord for goodness and mercy. In Your name we pray. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. TOWNSEND moved that when the House adjourns, it adjourn in memory of former Representative Fred Thurman Moore of Honea Path, which was agreed to.

REPORTS OF STANDING COMMITTEE

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

S. 865 -- Senators J.V.Smith, Verdin, Fair, Anderson and Thomas: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE WOMEN'S CORRECTIONAL INSTITUTION THE "CAMILLE GRIFFIN GRAHAM CORRECTIONAL INSTITUTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

Ordered for consideration tomorrow.

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

H. 4528 -- Reps. Lee, Allison, Davenport, Littlejohn, Sinclair, W.D.Smith, Talley and Walker: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE WILLIAMS STREET BRIDGE IN SPARTANBURG IN HONOR OF MAYOR JAMES E. TALLEY, AND INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THE WORDS "JAMES E. TALLEY BRIDGE" TO RECOGNIZE HIS NUMEROUS AND OUTSTANDING ACCOMPLISHMENTS AS MAYOR OF SPARTANBURG.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4541 -- Reps. Townsend, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G.Brown, J.Brown, R.Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J.Hines, M.Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C.Smith, F.N.Smith, G.M.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A.Young and J.Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE PASSING OF FORMER REPRESENTATIVE FRED THURMAN MOORE OF HONEA PATH, SOUTH CAROLINA, AND TO REMEMBER HIM FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE PALMETTO STATE.

Whereas, former Representative Fred Thurman Moore, who served in the South Carolina House of Representatives at various times between 1951 until 1980, passed away on December 20, 2001, at the age of eighty; and

Whereas, Representative Moore was born on June 30, 1921, in Seneca, South Carolina, the son of the late Alger Earl and Edith Berry Stancil Moore; and

Whereas, Fred Moore proudly served his country as a pharmacist’s mate first class in the United States Navy during World War II aboard the USS Monticello in both the European and Pacific theaters; and

Whereas, Fred Moore returned to his home state in 1945 and soon became the publisher and editor of the Honea Path Chronicle and remained the paper’s Publisher Emeritus until his death; and

Whereas, Representative Moore served diligently in the South Carolina House of Representatives, chairing the Interstate Cooperation Committee and working on numerous others; he also served as the state’s first auctioneer, having been the first person in the Palmetto State to hold a state auctioneering license; and

Whereas, Mr. Moore was a model citizen whose public service endeavors included his work on the Anderson County Library’s Board of Directors and as an instructor at TriCounty Technical College, and his service on the Medical University of South Carolina Board of Trustees. Mr. Moore was also a member of the Church of Jesus Christ of Latter Day Saints; and

Whereas, as we pause to remember this rare public servant who always put his constituents’ interests above all other concerns, we should reflect upon his memory as being one member of the General Assembly on whom his fellow House members could always rely; and

Whereas, Fred Thurman Moore is survived by his wife of fiftythree years, Mrs. Maude Elizabeth Williams Moore; two daughters and sonsinlaw, Fredda Elizabeth (Judge Billy) Gilmer of Honea Path; Betty Jo (Major Wally) Hall of Abbeville; son and daughterinlaw, Fred “Butch” (Joy) Thurman Moore of Belton; three grandchildren; one greatgrandchild; four brothers and two sisters; and

Whereas, Mr. Fred Moore was a hardworking member of the South Carolina House whose contribution to his community and this State will be remembered forever. Now, therefore,

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

That the members of the General Assembly, by this resolution, wish to express their deep sorrow upon the passing of former Representative Fred Thurman Moore of Honea Path, South Carolina, and remember him for his many years of dedicated service to the Palmetto State.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Maude Elizabeth Williams Moore.

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

HOUSE RESOLUTION

The following was introduced:

H. 4542 -- Reps. Knotts, Bingham, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, 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, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C.Smith, F.N.Smith, G.M.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A.Young and J.Young: A HOUSE RESOLUTION TO COMMEND MR. DAVID L. LUCAS, OWNER AND OPERATOR OF CHARWOOD COUNTRY CLUB, FOR HIS EFFORTS TO PROVIDE THE FINEST GOLFING IN THE MIDLANDS OF SOUTH CAROLINA AND TO CONGRATULATE HIM AND HIS STAFF ON CHARWOOD'S SELECTION AS SOUTH CAROLINA'S GOLF COURSE OF THE YEAR FOR 2002.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 4543 -- Reps. Barrett, Barfield, Battle, Bingham, Cato, Dantzler, Easterday, Frye, Hamilton, Harrison, Hinson, Kelley, Limehouse, Littlejohn, Loftis, Lourie, Merrill, Sandifer, Sharpe, D.C.Smith, G.M.Smith, J.E.Smith, Stuart, Tripp, Trotter, Walker, Webb, White, Wilkins and J.Young: A CONCURRENT RESOLUTION TO PROCLAIM SEPTEMBER 11 OF EACH YEAR AS "911 HEROES DAY", A DAY OF RECOGNITION HONORING PUBLIC SAFETY PERSONNEL FOR THE SACRIFICES THEY MAKE DAILY IN THE LINE OF DUTY.

Whereas, it is the duty of Americans everywhere to honor our emergency personnel for their heroic service to the communities of America; and

Whereas, September 11 of each year should come to be known as “911 Heroes Day”; and

Whereas, the purpose of this special day would be to forever honor and celebrate the spirit, courage, and service of public safety personnel throughout the country, past, present, and future; and

Whereas, the creation of this day of recognition would not only pay tribute to the men and women who died protecting their communities, but it would also give new strength to their families; and

Whereas, this would allow a grateful nation to say thank you to the thousands of public safety personnel who protect us in ways we never know; and

Whereas, the loss of a single firefighter or police officer is a national tragedy; and

Whereas, it is fitting and proper that the State of South Carolina take the lead in establishing a day to recognize the bravery of our public safety personnel, both living and dead. Now, therefore,

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

That the General Assembly of South Carolina proclaims September 11 of each year as “911 Heroes Day”, a day of recognition to express the gratitude of the citizens of South Carolina for all the sacrifices made by public safety personnel in the performance of their duties.

Be it further resolved that the General Assembly of South Carolina calls on the Governor of the State of South Carolina and all local communities to appropriately honor public safety personnel on September 11 of each year.

Be it further resolved that the General Assembly of South Carolina calls on the Congress of the United States, as its schedule permits, to review the current federal holiday policy and schedule to determine the proper national honor on September 11 for public safety personnel.

Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation, and the Honorable James H. Hodges, Governor of South Carolina.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4544 -- Reps. Riser, Huggins, 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, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C.Smith, F.N.Smith, G.M.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A.Young and J.Young: A CONCURRENT RESOLUTION EXPRESSING SINCERE SORROW AT THE DEATH OF DR. WILLIAM BRUCE CROWLEY OF LEXINGTON COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 897 -- Senators Setzler and Giese: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE OF ALL SCHOOL NURSES IN SOUTH CAROLINA WHO HELP ENSURE THE HEALTH, SAFETY, AND ACADEMIC SUCCESS OF OUR YOUNG STUDENTS AND TO COMMEND THEM FOR THEIR CONTRIBUTIONS TO THE YOUTH OF THIS STATE.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 876 -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 6, 2002, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 4, WHOSE TERM EXPIRES JULY 31, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 13, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002.

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

That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 6, 2002, at 12:00 noon, to elect a successor to the Honorable John H. Waller, Jr., Justice of the Supreme Court, Seat 4, whose term expires July 31, 2002; to elect a successor to the Honorable H. Samuel Stilwell, Judge of the Court of Appeals, Seat 7, whose term expires June 30, 2002; to elect a successor to the Honorable J. C. Nicholson, Jr., Judge of the Circuit Court, AtLarge Seat 7, whose term expires June 30, 2003; to elect a successor to the Honorable Alison Renee Lee, Judge of the Circuit Court, AtLarge Seat 11, whose term expires June 30, 2002; to elect a successor to the Honorable James E. Brogdon, Jr., Judge of the Circuit Court, AtLarge Seat 12, whose term expires June 30, 2002; to elect a successor to the Honorable John L. Breeden, Jr., Judge of the Circuit Court, AtLarge Seat 13, whose term expires June 30, 2002; to elect a successor to the Honorable Ruben L. Gray, Judge of the Family Court for the Third Judicial Circuit, Seat 1,whose term expires June 30, 2004; to elect a successor to the Honorable James A. Spruill III, Judge of the Family Court for the Fourth Judicial Circuit, Seat 3, whose term expires June 30, 2002; to elect a successor to the Honorable Walter B. Brown, Jr., Judge of the Family Court for the Sixth Judicial Circuit, Seat 2, whose term expires June 30, 2002; to elect a successor to the Honorable Deadra L. Jefferson, Judge of the Family Court for the Ninth Judicial Circuit, Seat 5, whose term expires June 30, 2002; to elect a successor to the Honorable Amy C. Sutherland, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 3, whose term expires June 30, 2004; to elect a successor to the Honorable Robert N. Jenkins, Sr., Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 5, whose term expires June 30, 2002; to elect a successor to the Honorable Haskell T. Abbott III, Judge of the Family Court for the Fifteenth Judicial Circuit, Seat 3, whose term expires June 30, 2002; and to elect a successor to the Honorable C. Dukes Scott, Judge of the Administrative Law Judge Division, Seat 2, whose term expires June 30, 2002.

Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.

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

INTRODUCTION OF BILLS

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

H. 4545 -- Rep. Meacham-Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-285 SO AS TO ALLOW COSMETOLOGISTS, ESTHETICIANS, AND MANICURISTS TO PRACTICE IN BARBERSHOPS.

Referred to Committee on Medical, Military, Public and Municipal Affairs