House Journal for Feb. 28, 2002 - South Carolina Legislature Online

THURSDAY, FEBRUARY 28, 2002

Indicates Matter Stricken

Indicates New Matter

The House assembled at 10:00 a.m.

Deliberations were opened with prayer by Rev. Dr. Whaley ‘Bill’ Barton, Jr. as follows:

Father, the Psalmist says, “The Lord is my light and my salvation: whom shall I fear?” Open our eyes that we might walk in Your light. Open our ears that we might hear the words of salvation. Warm our hearts that we might not fear. Forgive us, Lord when we step into the darkness and live like there is no tomorrow. Help us to live this day for You. Lord, bless our Speaker, the staff and each Representative as they serve our glorious State. For I pray in Your holy name. 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.

MOTION ADOPTED

Rep. KEEGAN moved that when the House adjourns, it adjourn in memory of James Carl Arnold of Troy, which was agreed to.

RESIGNATION

The following was received:

February 28, 2002

The Honorable David H. Wilkins

Speaker

South Carolina House of Representatives

Post Office Box 11867

Columbia, SC 29211

Dear Speaker Wilkins:

I hereby tender my resignation, effective midnight Saturday, March 2, 2002, from the South Carolina House of Representatives from District Number 5, Pickens County. It has been a humbling honor and exhilarating experience to serve the citizens of Pickens County and South Carolina in the General Assembly. Thank you and the Members of the General Assembly for the many courtesies you have extended me during my years of service. May God continue to shed His grace on the State of South Carolina and the United States of America.

Sincerely,

Alfred B. Robinson, Jr.

Received as information.

STATEMENT BY REP. W.D.SMITH

Rep. W.D.SMITH made a statement relative to Representative Al Robinson's service in the House of Representatives.

COMMITTEE APPOINTMENT

OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

The following was received:

February 28, 2002

The Honorable James G. McGee III

3306 Dogwood Chase Court

Florence, SC 29501

Dear Jim:

It is with pleasure that I appoint you to serve on the Ways and Means Committee, effective March 4, 2002. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.

I look forward to working with you in the coming year.

Sincerely,

David H. Wilkins

Speaker of the House

Received as information.

COMMITTEE APPOINTMENT

OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

The following was received:

February 28, 2002

The Honorable Scott Talley

315 Londonberry Drive

Spartanburg, SC 29301

Dear Scott:

It is with pleasure that I appoint you to serve on the Judiciary Committee, effective March 4, 2002. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.

I look forward to working with you in the coming year.

Sincerely,

David H. Wilkins

Speaker of the House

Received as information.

CONCURRENT RESOLUTION

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

H. 4824 -- Reps. Kirsh, Meacham-Richardson, Simrill, Moody-Lawrence, Delleney and McCraw: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS OVER THE PAST DECADE AND TO DECLARE MARCH 20, 2002, "YORK COUNTY DAY" IN SOUTH CAROLINA.

Whereas, the population of York County has grown over twentyfive percent during the past ten years to a current total of one hundred sixtyfour thousand six hundred fourteen and is expected to grow by another seventeen percent by the year 2015; and

Whereas, York County is ranked first in the State in the number of jobs announced during 2001, with three thousand eight hundred fortyfour new jobs; and

Whereas, York County’s total estimated assessed property valuation for 2000 exceeds $690,890,136; and

Whereas, a total of sixtyfour companies, some nationally known, announced plans to locate or expand in York County in 2001, providing a capital investment of over $652,715,141; and

Whereas, York County, among other priorities recognizes the importance of transportation planning as it relates to economic development and quality of life concerns, as has been demonstrated by the adoption of a one cent sales tax that will generate ninetynine million dollars for road improvements, the county’s successful Infrastructure Bank board application that resulted in one hundred thirty million dollars for a critical regional connector, the business community’s support of the Southern Metro Area Regional Transportation initiative, and a growing recognition of the importance of a regional mass transit system. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, recognizes York County for its many accomplishments over the past decade and declares March 20, 2002, “York County Day” in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to each of the four chambers of commerce that make up the Council of Chambers of York County: the Clover Chamber of Commerce, the Greater York Chamber of Commerce, the Lake Wylie Chamber of Commerce, and the York County Regional Chamber of Commerce.

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

INTRODUCTION OF BILLS

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

H. 4825 -- Reps. Limehouse, Campsen, Chellis, Harrell, Hayes, Mack, Miller, Scarborough, Whatley and A.Young: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "IMPROVEMENTS" IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999 AND SECTION 6-1-920, RELATING TO THE DEFINITION OF "PUBLIC FACILITIES" IN THE SOUTH CAROLINA DEVELOPMENT IMPACT FEE ACT, SO AS TO INCLUDE PUBLIC EDUCATION FACILITIES FOR GRADES K-12.

Referred to Committee on Ways and Means

H. 4828 -- Reps. Jennings, Bales, Hayes, Altman, Battle, J.Brown, R.Brown, Harvin, Kennedy, Miller, J.H.Neal, Rhoad, Snow, Stille, Weeks, Wilder and J.Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO ENACT THE "MEDICARE PRESCRIPTION COST CONTAINMENT ACT" AND TO REQUIRE THE LOWEST POSSIBLE COST, INCLUDING REBATES, DISCOUNTS, AND PROMOTIONS, TO BE USED TO ESTABLISH PRESCRIPTION DRUG PRICES FOR MEDICARE RECIPIENTS WHO HAVE NO OTHER PRESCRIPTION DRUG COVERAGE AND TO REQUIRE DISPENSING FEES TO BE EQUAL TO THAT CHARGED FOR DISPENSING MEDICAID PRESCRIPTIONS.

Referred to Committee on Ways and Means

H. 4829 -- Reps. Limehouse and Scarborough: A BILL TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL REGULATIONS ARE AMENDED TO INCREASE THE ESCAPE OPENINGS IN TURTLE EXCLUDER DEVICES TO A CERTAIN SIZE, EACH TRAWL NET USING A HARD TURTLE EXCLUDER DEVICE IN THE SALT WATERS OF THIS STATE MUST HAVE A TURTLE EXCLUDER DEVICE OPENING OF NOT LESS THAN THIRTY-FIVE INCHES IN TAUT HORIZONTAL LENGTH AND NOT LESS THAN TWENTY INCHES IN SIMULTANEOUS VERTICAL TAUT HEIGHT OR A FEDERALLY APPROVED LEATHERBACK OR DOUBLE COVER FLAP HARD TURTLE EXCLUDER DEVICE MODIFICATION.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4830 -- Reps. Limehouse, Wilkins, A.Young, Owens, Law, Allison, Bales, Campsen, Cato, Chellis, Cotty, Emory, Fleming, Gilham, Harrell, Koon, Leach, Rice, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, G.M.Smith, Thompson and Vaughn: A BILL TO AMEND CHAPTER 48, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA'S "SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS", SO AS TO RENAME THIS SCHOOL THE "CARROLL A. CAMPBELL, JR., SCHOOL OF SCIENCE AND MATHEMATICS".

On motion of Rep. LIMEHOUSE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 4826 -- Reps. Edge, Keegan, Kelley, Barfield and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH THE CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 4827 -- Reps. Campsen and Kelley: A HOUSE RESOLUTION TO AMEND RULE 8.6 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO INVOKING THE PREVIOUS QUESTION, SO AS TO PROVIDE THAT AFTER THE PREVIOUS QUESTION HAS BEEN INVOKED ON A BILL OR RESOLUTION, THE PRIMARY SPONSOR OF AN AMENDMENT TO THE BILL OR RESOLUTION MAY WITHDRAW IT WITH UNANIMOUS CONSENT WITHOUT MAKING A MOTION TO TABLE IT.

The Resolution was ordered referred to the Committee on Rules.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 28.

Total Present--120

DOCTOR OF THE DAY

Announcement was made that Dr. William L. Brannon of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:

"5.2Every 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 cosponsors may be added. A member may add his name to a bill or resolution or a cosponsor 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 cosponsor 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 cosponsor’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.”

CO-SPONSOR ADDED

CO-SPONSOR ADDED

CO-SPONSOR ADDED

CO-SPONSOR ADDED

CO-SPONSOR ADDED

CO-SPONSOR ADDED

CO-SPONSOR ADDED

CO-SPONSOR ADDED

CO-SPONSOR REMOVED

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 4736 -- Reps. Harvin and J.Young: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

S. 877 -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

H. 4795 -- Rep. Klauber: A BILL TO AMEND SECTION 35-1-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF VARIOUS SECURITIES REGISTRATIONS, SO AS TO PROVIDE THAT INVESTMENT ADVISERS, INVESTMENT ADVISER REPRESENTATIVES, AND FEDERAL COVERED ADVISERS ARE SUBJECT TO THE SAME REGISTRATION REQUIREMENTS AS BROKER-DEALERS AND BROKER-DEALER AGENTS; TO AMEND SECTION 35-1-480, AS AMENDED, RELATING TO VARIOUS SECURITIES FILING FEES, SO AS TO INCREASE THE FILING FEE FOR INVESTMENT ADVISERS AND FEDERAL COVERED ADVISERS FROM FOUR HUNDRED DOLLARS BIENNIALLY TO THREE HUNDRED DOLLARS ANNUALLY, AND TO INCREASE THE FILING FEE FOR INVESTMENT ADVISER REPRESENTATIVES FROM ONE HUNDRED DOLLARS BIENNIALLY TO ONE HUNDRED DOLLARS ANNUALLY.

Rep. KLAUBER explained the Bill.

S. 826 -- Senators Martin and Elliott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, AS AMENDED, RELATING TO THE CREATION OF A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2003, BEFORE WHICH DATE IT MUST MAKE ITS REPORT.

Rep. MCGEE explained the Joint Resolution.

H. 4615 -- Rep. G.M.Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO PROVIDE THAT THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE A DRIVER'S LICENSE SUSPENSION FOR REFUSAL TO SUBMIT TO A BREATH TEST OR REGISTERING AN ALCOHOL CONCENTRATION GREATER THAN THE EXISTING LAWFUL LIMIT IS FIFTY DOLLARS.

Rep. DELLENEY explained the Bill.

H. 4736--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARVIN, with unanimous consent, it was ordered that H.4736 be read the third time tomorrow.

S.877--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARVIN, with unanimous consent, it was ordered that S.877 be read the third time tomorrow.

H. 4795--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KLAUBER, with unanimous consent, it was ordered that H.4795 be read the third time tomorrow.

H. 4615--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H.4615 be read the third time tomorrow.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

S. 520 -- Senator Patterson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

SENT TO THE SENATE

The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:

H. 4794 -- Reps. Howard, J.E.Smith, J.H.Neal and Scott: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

H. 4804 -- Reps. Harvin and J.Young: A JOINT RESOLUTION TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE; TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM; TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2001-2002 TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO ITS FISCAL EMERGENCY; AND TO EXEMPT THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT UNDER THE EDUCATION FINANCE ACT FOR FISCAL YEAR 2001-2002; AND TO AUTHORIZE THE CLARENDON COUNTY SCHOOL DISTRICT NUMBER ONE FOR FISCAL YEAR 2002-2003 TO TRANSFER AS MUCH AS FIFTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, TO FURLOUGH DISTRICT STAFF AS WARRANTED DUE TO FISCAL EMERGENCY, AND TO EXEMPT THE DISTRICT FROM THE STATEWIDE MINIMUM SALARY SCHEDULE REQUIREMENT AND THE EDUCATION FINANCE ACT.

H. 3957--DEBATE ADJOURNED

Rep. HAYES moved to adjourn debate upon the following Bill until Wednesday, March 6, which was adopted:

H. 3957 -- Reps. J.E.Smith and Allison: A BILL TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.

H. 3145--DEBATE ADJOURNED

The following Bill was taken up:

H. 3145 -- Reps. Lourie, J.E.Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks, McLeod, Allison, Koon, Frye, McGee, Martin, Hosey, Clyburn, Gilham, Altman, Meacham-Richardson, Kirsh, J.Hines, Mack, Miller, Cotty, Hamilton, Law, Hinson, Chellis, Harrison, Neilson, Weeks, Owens, Loftis and Bingham: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE STATE AND FEDERAL CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, TO PROVIDE PENALTIES, AND TO PROVIDE THAT STATE CHECKS ARE NOT REQUIRED FOR DIRECT CAREGIVERS EMPLOYED ON JULY 1, 2001, UNLESS THEY SUBSEQUENTLY ARE UNEMPLOYED FOR ONE YEAR OR LONGER.