TUESDAY, JUNE 4, 2002
Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 103: “Bless the Lord, O my soul and do not forget all His benefits.”
How great is the surprise that You, O God, have chosen us; frail, weak, imperfect, selfish and timid. Yet in our reverie of being inadequate, we affirm that with You, all things are possible. Feed us with the milk of human kindness. Refresh our parched lives with the living water of Your presence. Be with us this day and everyday. Help us to be living stones upon which a new order may be established. Hear our prayer, O God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. STILLE moved that when the House adjourns, it adjourn in memory of Robert Alexander Crawford, which was agreed to.
R. 388, H. 4879--ORDERED PRINTED IN THE JOURNAL
The SPEAKER ordered the following veto printed in the Journal:
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR
June 3, 2002
The Honorable David H. Wilkins
Speaker
S.C. House of Representatives
State House
Columbia, S.C. 29201
Dear Mr. Speaker:
It has been more than four years since I first proposed a South Carolina education lottery to improve our public schools and provide greater education opportunities for students and families. Since then, two elections have shown the strong support for the education lottery in our State. Today, with this Act, we complete the work we began.
While I am disappointed the legislature did not follow my plan to make a two-year degree free of charge to any South Carolinian, I am pleased that the lottery generally follows the people’s plan, making higher education more affordable for every South Carolinian.
Because of the education lottery, approximately 30,000 students in our two-year institutions will get a break on their tuition. The new HOPE scholarship, combined with the expanded LIFE initiative and the Palmetto Scholarships, will put college within reach for more than 20,000 students.
The resources appropriated herein for First Steps will mean that more kids begin first grade ready to learn. I am disappointed, however, that the General Assembly failed to recognize the importance of quality preschool education programs and provide sufficient funding.
I am vetoing two items in H. 4879, R. 388, the Budget Proviso Codification Act, pursuant to Article IV, Section 2, of the South Carolina Constitution. The remainder of the Act has my approval.
Veto #1. Section 7, Page 64. Continuum of Care transferred.
Proviso 72.105 of the General Appropriations Act creates a study committee to review the current delivery system of services for children and to make recommendations as to any reorganization of children services. This section, however, moves the Continuum of Care to the Department of Social Services for only one year. As written, the Continuum of Care would be transferred back after one year. Moving the program from one agency to another before the committee’s study
is complete is premature. I am therefore vetoing this section until a proper assessment can be completed.
Veto #2. Section N (54.41), Page 30. Section 2-1-220 amendment.
This section grants the General Assembly a permanent exemption from Budget & Control Board fiscal accountability requirements. I previously vetoed the temporary provision in the appropriations act that granted the same exemption. Because I feel strongly that the General Assembly should abide by the same financial oversight requirements that it legislatively imposes upon other agencies, I am vetoing this section. Accountability rules governing the expenditure, management, or transfer of public funds that apply to agencies in the executive and judicial branches should apply equally to the legislative branch.
Sincerely,
Jim Hodges
Governor
R. 382, H. 4260--ORDERED PRINTED IN THE JOURNAL
The SPEAKER ordered the following veto printed in the Journal:
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR
June 3, 2002
The Honorable David H. Wilkins
Speaker
S.C. House of Representatives
State House
Columbia, S.C. 29201
Dear Mr. Speaker:
I am returningH. 4260, R. 382, with my veto. This bill unintentionally deletes language recently added and now contained in S.C. Code Ann. Section 47-5-150 that authorizes DHEC to seek reimbursement for funds it expends on rabies vaccines.
Section 47-5-150 was amended to include vaccine reimbursement authorization with the passage of H. 4891, R. 362, which was ratified on May 22, 2002, and signed into law on May 28, 2002. Unfortunately, because this bill was ratified and presented for signature after H. 4891, it would, in effect, “undo” the legislature’s intent and cost DHEC approximately $250,000 a year in lost vaccine reimbursement costs.
I support the passage of the remaining language contained in H. 4260 and have requested DHEC to assist in the legislative process accordingly.
Thank you for your assistance in this matter.
Sincerely,
Jim Hodges
Governor
S.820--COMMITTEE OF CONFERENCE APPOINTED
The following was received from the Senate:
MESSAGE FROM THE SENATE
Columbia, S.C., May 30, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S.820:
S. 820 -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
and asks for a Committee of Conference and has appointed Senators Hutto, Fair and Kuhn of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. CAMPSEN, COLEMAN and DELLENEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., May 30, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S.322:
S. 322 -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., June 4, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H.3601:
H. 3601 -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., June 4, 2002
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W.D.SMITH the invitation was accepted.
REGULATION RECEIVED
The following was received and referred to the appropriate committee for consideration:
Document No. 2730
Agency: Department of Public Safety
Statutory Authority: 1976 Code Section 23-6-10
Criminal Justice Academy Training Regulations
Received by Speaker of the House of Representatives
May 30, 2002
Referred to Judiciary Committee
Legislative Review Expiration September 27, 2002 (Subject to Sine Die Revision)
CONCURRENT RESOLUTION
The following was introduced:
H. 5381 -- Rep. Talley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE TRAFFIC PATTERNS OF TANKER TRUCKS THAT LEAVE THE OIL RESERVES LOCATED ALONG SOUTH CAROLINA HIGHWAY 295 IN SPARTANBURG COUNTY AND TRAVEL TO INTERSTATE HIGHWAYS 26 AND 85 TO DETERMINE THE MOST FEASIBLE AND SAFEST ROUTE FOR THESE TRUCKS TO TRAVEL AND TO REPORT ITS FINDINGS AND CONCLUSIONS TO THE GENERAL ASSEMBLY BY JANUARY 8, 2003.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
HOUSE RESOLUTION
The following was introduced:
H. 5382 -- Reps. J.Young, Kennedy, G.M.Smith, Weeks, G.Brown, J.H.Neal, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, 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, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C.Smith, F.N.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A.Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND KATHY HARVIN FOR HER LEADERSHIP AND DEDICATED SERVICE ON THE COMMISSION ON HIGHER EDUCATION AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN THE FUTURE.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 5383 -- Rep. Haskins: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY OF MRS. CHRISTINE G. VALLIERE OF ORANGE CITY, FLORIDA, MOTHER OF OUR DEAR FRIEND, MR. EDWARD T. McMULLEN, UPON HER RECENT DEATH.
The Resolution was adopted.
CONCURRENT RESOLUTION
The following was introduced:
H. 5384 -- Reps. Harrison, 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, Harvin, Haskins, Hayes, J.Hines, M.Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C.Smith, F.N.Smith, G.M.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A.Young and J.Young: A CONCURRENT RESOLUTION TO RECOGNIZE, APPRECIATE, AND REMEMBER WITH DIGNITY AND RESPECT THE LIFE AND GOOD WORKS OF JAMES F. "JIM" HENDRIX, EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, TO CONVEY THAT THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA REALIZE TO THE FULLEST EXTENT THE LOSS SUSTAINED BY HIS FAMILY AND COUNTLESS FRIENDS, AND TO OFFER THIS HEARTFELT TESTIMONY OF TRIBUTE TO THE MEMORY OF OUR BELOVED FRIEND.
Whereas, the members of the General Assembly were shocked and deeply saddened to receive the news of the sudden and untimely death of James F. “Jim” Hendrix, Executive Director of the State Election Commission, on Wednesday, April 3, 2002, at the age of fiftyeight; and
Whereas, Jim Hendrix will long be remembered as the “perfect executive director” of a state agency charged with overseeing voter registration and state elections by maintaining impartiality in personal situations and along partisan lines; and
Whereas, Jim was born in Lenoir, North Carolina, and was the pride and joy of his parents, Kathleen and the late Sanford Franklin Hendrix. He received an undergraduate degree from Presbyterian College and a graduate degree from the University of South Carolina. In 1965, he moved to Columbia and felt right at home because he never left an unfortunate loss for the Tarheel State but a fortunate one for our great State; and
Whereas, Jim is survived by his wife of thirtytwo years, Daryl Brinton Hendrix; two sons, Christopher, who recently earned his Masters degree from the University of South Carolina, and his wife, Elizabeth, of Elgin; Jeffrey, a 2002 graduate of Presbyterian College and his mother, Kathleen, who still resides in Lenoir; and
Whereas, Jim Hendrix was a true public servant in every sense of the word. He was someone all could rely on, trust implicitly, and believe in not only by the members of the South Carolina House of Representatives and the South Carolina Senate, but also the county and municipal officials of our fortysix counties; and
Whereas, his groundbreaking efforts and commitment to election reform in the Palmetto State was acknowledged by the Federal Election Commission. Shortly thereafter, he became recognized as a national leader in developing voting system standards. He served on many national boards and commissions including: ViceChair for the National Election Center Task Force on Election Reform in 2001; member of the National Association of State Election Directors (NASED); NASED Information Technology Committee to Develop Voting System Standards for the Federal Election Commission; and an instructor and panel member for the Federal Election Commission, Council of Governments, and United States Department of Justice; and
Whereas, Jim Hendrix was instrumental in establishing the first South Carolina Election Summit in 1999, resulting in numerous election reform issues which were addressed; secured funding for a statewide voter registration system as requested from the 1999 Summit and the 2001 Governor’s Task Force on Election Reform; actively pursued South Carolina becoming involved in the Federal Voting on the Internet pilot program in 2000. South Carolina was one of four states chosen to participate and the only state participating on a statewide basis; and
Whereas, during his tenure as Executive Director, Jim always actively promoted the importance of the election and voter registration process and continued to encourage his staff to maintain the highest standards of excellence and to always maintain the nonpartisan character of the State Election Commission. He also stressed to his staff and others the importance of career and professional development; and
Whereas, his depth of knowledge on election and voter registration laws led Jim Hendrix to become one of the most respected experts in our State and the nation on voter registration and the election process; and
Whereas, he exhibited virtues common to all successful leaders intelligence, understanding of not only issues but also the needs of others, unflagging persistence, and the ability to keep confidences; and
Whereas, all who knew him, those who worked with him and those who on occasion disagreed with him, realize that a giant is gone, and that his absence leaves a void that will not easily be filled. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That we recognize, appreciate, and remember with dignity and respect the life and good works of James F. “Jim” Hendrix, Executive Director of the State Election Commission, convey that the members of the General Assembly of the State of South Carolina realize to the fullest extent the loss sustained by his family and countless friends, and offer this heartfelt testimony of tribute to the memory of our beloved friend.
Be it further resolved that a copy of this resolution be presented to his widow, Mrs. Daryl Brinton Hendrix.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
HOUSE RESOLUTION
The following was introduced:
H. 5385 -- Reps. G.M.Smith, Weeks, J.Young, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G.Brown, J.Brown, R.Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J.Hines, M.Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C.Smith, F.N.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A.Young: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE DR. LINWOOD BRADFORD OF SUMTER FOR RECEIVING THE 2002 SOUTH CAROLINA DERMATOLOGIST OF THE YEAR AWARD.