House Journal for May 2, 2002 - South Carolina Legislature Online

THURSDAY, MAY 2, 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:

Dear God, You are our refuge and strength, a very present help in trouble. While we often wear a smile we all have times of trouble and heartache. Forgive us for thinking we do not need You, Father. Help us to find our strength in You, dear Father. Teach us to trust You and have faith in You, dear God. Then teach us to help one another. For we pray in the name of our Lord. 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. THOMPSON moved that when the House adjourns, it adjourn in memory of Essie Nalley of Anderson, which was agreed to.

RESIGNATION

The following was received:

HOUSE OF REPRESENTATIVES

STATE OF SOUTH CAROLINA

May 2, 2002

The Honorable David H. Wilkins

Speaker

South Carolina House of Representatives

Post Office Box 11867

Columbia, SC 29211

Dear Speaker Wilkins:

While I have thoroughly enjoyed serving with you and the other fine and outstanding members of the South Carolina House of Representatives, I must offer this letter as my resignation from the House effective Tuesday, May 7, 2002, at 12:00, due to my election to the South Carolina Senate.

During my tenure in the House, I have made many friends and appreciate your leadership and guidance through the years. I look forward to working with you as a member of the Senate.

Sincerely,

John M. “Jake” Knotts, Jr.

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 968 -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO $1,207,749 OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF ACQUIRING OPERATING SOFTWARE AND INFORMATION TECHNOLOGY EQUIPMENT TO BE USED FOR PROCESSING INCREASED WORKLOADS RELATED TO UNEMPLOYMENT CLAIMS AND EMPLOYER ACCOUNTS.

Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 1200 -- Senators J.V.Smith, Leatherman, Drummond, McConnell, Land, Holland, Saleeby, Setzler, Leventis, Moore, Courson, Giese, Matthews, Thomas, Patterson, McGill, O'Dell, Reese, Hayes, Gregory, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Hawkins, Pinckney, Ritchie, Verdin, Kuhn, Richardson, Peeler and Bauer: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 41 ENACTING THE "STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT" SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR INFRASTRUCTURE FINANCING AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO INCREASE THE LIMITATION ON GENERAL OBLIGATION BOND DEBT SERVICE PROVIDED IN ARTICLE X, SECTION 13 OF THE SOUTH CAROLINA CONSTITUTION FROM FIVE PERCENT TO SIX PERCENT WITH THE ADDITIONAL DEBT SERVICE LIMITED TO STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BONDS AS PROVIDED IN THIS ACT.

Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 131 -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.

Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 926 -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA STATE PORTS AUTHORITY TO BEGIN THE PERMITTING PROCESS AS WELL AS THE ENVIRONMENTAL IMPACT STUDY FOR PORT EXPANSION ON DANIEL ISLAND, COOPER RIVER SIDE, TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAY DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK TO EXPLORE ALL POTENTIAL OPPORTUNITIES, FEDERAL RESOURCES FOR INFRASTRUCTURE IMPROVEMENTS FOR PORT EXPANSION, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO TAKE STEPS TO PROVIDE INDEMNIFICATION FOR BOARD MEMBERS RELATING TO THEIR SERVICE ON THE BOARD.

Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 852 -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.

Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 887 -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A REVISED DATE FOR THE REFERENDUM IN CASES OF A SUBSEQUENT IMPOSITION OF THE TAX AND DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR THE CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS FOR DETERMINING THE TERMINATION OF THE TAX.

Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4955 -- Rep. Quinn: A BILL TO AMEND SECTIONS 44-7-2520 AND 44-7-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE INFANTS AND TODDLERS WITH DISABILITIES ACT AND THE STATE INTERAGENCY COORDINATING COUNCIL ESTABLISHED TO ASSIST IN THE DEVELOPMENT OF AN INTERAGENCY SYSTEM TO PROVIDE SERVICES PURSUANT TO THIS ACT, SO AS TO CHANGE THE NAME OF THE COUNCIL TO THE "SOUTH CAROLINA INTERAGENCY COORDINATING COUNCIL"; TO AMEND SECTION 44-7-2560, RELATING TO INDIVIDUALIZED FAMILY SERVICE PLANS FOR INFANTS AND TODDLERS RECEIVING SERVICES UNDER THIS ACT, SO AS TO SPECIFY WHO IS COVERED BY THE PLAN, TO SPECIFY THAT THE PLAN MUST BE DEVELOPED WITHIN FORTY-FIVE DAYS AFTER REFERRAL, TO REQUIRE A NEW PLAN TO BE DEVELOPED ANNUALLY, AND TO REQUIRE THE PLAN TO BE REVIEWED WITH THE FAMILY EVERY SIX MONTHS; TO AMEND SECTION 44-7-2570, RELATING TO FUNDING OF THE SERVICES TO BE DELIVERED, SO AS TO PROVIDE THAT CERTAIN FEDERAL FUNDS, INCLUDING CERTAIN MEDICAID FUNDING, MUST BE USED TO PROVIDE SERVICES AND TO REQUIRE LOCAL AND STATE FUNDS FOR EARLY INTERVENTION SERVICES TO BE AT LEAST EQUAL TO FUNDS EXPENDED IN THE MOST RECENT PRECEDING FISCAL YEAR; TO AMEND SECTION 44-7-2600, RELATING TO REPORTS ON THE STATUS OF THE SYSTEM TO BE PROVIDED ANNUALLY TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN, SO AS TO PROVIDE THAT THESE REPORTS INSTEAD MUST BE SUBMITTED TO THE GOVERNOR AND TO THE HEALTH AND EDUCATION COMMITTEES IN THE HOUSE OF REPRESENTATIVES AND THE SENATE; AND TO AMEND SECTION 44-7-2610, RELATING TO THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, SO AS TO REQUIRE THE ESTABLISHMENT OF MULTICOUNTY COORDINATION TEAMS AND TO PROVIDE FOR THEIR PURPOSE AND MEMBERSHIP.

Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 4859 -- Rep. Sharpe: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND TO APIARY PRODUCTS THE EXEMPTION FOR FARM, GROVE, VINEYARD, AND GARDEN PRODUCTS SOLD IN THE ORIGINAL STATE OF PRODUCTION BY THE PRODUCER OR THE PRODUCER'S IMMEDIATE FAMILY.

Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S.803 -- Senators Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 61-6-1540, RELATING TO NON-ALCOHOLIC MERCHANDISE, SO AS TO PROVIDE THAT A RETAIL DEALER OF ALCOHOLIC BEVERAGES MAY SELL LOTTERY TICKETS ON HIS RETAIL PREMISES.

Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 1005 -- Senators J.V.Smith, Ryberg, Ravenel, Peeler, Grooms, Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair, Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman, O'Dell, Leventis, Bauer, Drummond, Elliott, Ford, Glover, Gregory, Holland, Hutto, Jackson, Land, Matthews, McConnell, McGill, Moore, Patterson, Pinckney, Rankin, Reese, Richardson, Saleeby, Setzler, Short, Verdin and Waldrep: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED AT ANY TIME AND THIS NOTICE OF OBJECTION APPLIES FOR ALL OPEN PROPERTY TAX YEARS.

Ordered for consideration tomorrow.

Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:

S. 680 -- Senator Ravenel: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO REVISE THE AREA FROM WHICH A MEMBER OF THE BOARD SHALL BE ELECTED IN 2002 AND TO PROVIDE THAT THE GENERAL ASSEMBLY IN 2002, AND EVERY TEN YEARS THEREAFTER BASED ON THE RESULTS OF THE DECENNIAL CENSUS SHALL ALSO PROVIDE BY LAW FOR FURTHER REAPPORTIONMENT OF THE NUMBER OF THE MEMBERS OF THE BOARD WHO MUST RESIDE IN SPECIFIED AREAS TO REFLECT POPULATION CHANGES SINCE THE LAST DECENNIAL CENSUS.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 5220 -- Rep. Hosey: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE JEFFERSON DAVIS ACADEMY "LADY RAIDERS" GIRLS BASKETBALL TEAM, HEAD COACH ROBYNE JOYNER, AND OTHER SCHOOL OFFICIALS, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 2002 SCISA CLASS A STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is hereby extended to the Jefferson Davis Academy “Lady Raiders” Girls Basketball Team, Head Coach Robyne Joyner, and other school officials, on a date and at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 2002 SCISA Class A State Championship.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 5221 -- Rep. Talley: A HOUSE RESOLUTION TO PROCLAIM THE MONTHS OF MAY AND JUNE AS "RELAY FOR LIFE MONTHS" THROUGHOUT THE STATE OF SOUTH CAROLINA IN THE FIGHT AGAINST CANCER, TO URGE CITIZENS TO PARTICIPATE IN THE RELAY EVENTS HELD IN THEIR COMMUNITY, AND TO RECOGNIZE THE SPARTANBURG CHAPTER OF THE AMERICAN CANCER SOCIETY FOR THE EVENT IT WILL HOLD ON MAY 10-11, 2002, AT DORMAN HIGH SCHOOL TO JOIN THIS FIGHT.

Whereas, cancer is a group of diseases characterized by uncontrolled growth and spread of abnormal cells which, if not controlled, can result in death; and

Whereas, 19,500 new cases of cancer are estimated to occur in South Carolina in 2002, and approximately 8,400 South Carolinians are expected to die from cancer this year; and

Whereas, the American Cancer Society is a voluntary communitybased health organization dedicated to eliminating cancer as a major health problem; and

Whereas, the Relay for Life is a “Celebration of Life” benefiting the American Cancer Society; and

Whereas, the Relay for Life is a community affair held throughout the State of South Carolina which presents an opportunity for citizens to put on walking shoes and join with business associates, family, and friends to fight cancer; and