Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Isaiah 40:30-31: "Even youths grow tired and weary, and young men stumble and fall; but those who hope in the Lord will renew their strength."
Let us pray. Dear Heavenly Father, we hold up before You today family care givers of South Carolina. Let them know of Your presence and give them the strength to carry the burden of love and caring for loved ones. Bless these men and women as they strive to do the best for Your people. Give them courage, wisdom, and understanding in dealing with the work at hand. Comfort those who are sick and those recovering. Bless our leaders of this State and Nation. Be the protector of our defenders of freedom who serve in our stead. Comfort those who wait at home. 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 yesterday, the SPEAKER ordered it confirmed.
Rep. E. H. PITTS moved that when the House adjourns, it adjourn in memory of Glen Sanders of Lexington, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4509 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-81 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO PAY A PREMIUM FOR THE PREPAID LEGAL INSURANCE OF A STATE EMPLOYEE BY MEANS OF PAYROLL DEDUCTION AND TO PROVIDE THE CONDITIONS APPLICABLE WITH RESPECT TO THE PAYROLL DEDUCTION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 5088 (Word version) -- Reps. Anthony, Jennings and Simrill: A BILL TO AMEND SECTION 23-35-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND STORAGE OF CLASS "B" FIREWORKS USED FOR DISPLAY OR AGRICULTURAL PURPOSES, SO AS TO PROVIDE THAT DISPLAY OF CLASS "B" FIREWORKS RETURNED TO A WHOLESALER MUST BE RETURNED IN THE SAME MANNER THEY WERE SOLD, ISSUED, OR SHIPPED, INCLUDING ANY PROTECTIVE DEVICE ATTACHED TO THE FUSE OR FUSES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 5119 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 763 (Word version) -- Senators Ravenel, Knotts and Kuhn: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR VOTER REGISTRATION, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICANT'S SOCIAL SECURITY NUMBER BE PLACED ON THE APPLICATION FORM.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 5094 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 1070 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO DESIGNATE THE FIRST WEEK IN JUNE OF EACH YEAR AS SOUTH CAROLINA STATE GUARD WEEK IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4869 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON PARKING ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE OWNER OF COMMERCIAL PROPERTY TO POST A NOTICE ON HIS PROPERTY THAT PROHIBITS PARKING, AND TO DELETE A CODE REFERENCE; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIRS OR STORAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING LIENS FOR REPAIRS OR STORAGE OF VEHICLES; TO AMEND SECTION 56-5-2525, RELATING TO REQUIRING A TOWING COMPANY THAT TOWS A MOTOR VEHICLE WITHOUT ITS OWNER'S KNOWLEDGE TO NOTIFY A LAW ENFORCEMENT AGENCY THAT IT TOWED THE VEHICLE, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT RECEIVES THIS NOTICE MUST CREATE A REPORT AND FURNISH THE TOWING COMPANY WITH ITS DOCUMENT NUMBER, AND PROVIDE THAT NOTIFICATION IS NOT REQUIRED WHEN TOWING IS DONE AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO CERTAIN NOTICE THAT MUST BE PROVIDED TO OWNERS AND LIENHOLDERS OF VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, SO AS TO REVISE THE DEFINITION OF THE TERM "VEHICLE", TO REVISE THE CONTENTS OF THE NOTICE THAT MUST BE PROVIDED TO THE OWNERS AND LIENHOLDERS OF THE VEHICLES, TO DELETE THE PROVISION THAT ALLOWS CERTAIN STORAGE COSTS TO BE RECOVERED FROM THE PROCEEDS OF THE SALE OF THE VEHICLES, AND TO PROVIDE THAT COSTS ASSOCIATED WITH TOWING AND STORAGE OF CERTAIN STOLEN VEHICLES MAY BE RECOVERED UPON THE COURT'S ORDER OF RESTITUTION; TO AMEND SECTION 56-5-5635, RELATING TO LAW ENFORCEMENT TOWING PROCEDURES, SO AS TO PROVIDE THAT CERTAIN FEES MAY BE RECOVERED BY A TOWING OR STORAGE OPERATOR EVEN THOUGH HE HAS FAILED TO PROVIDE A LAW ENFORCEMENT AGENCY A LIST DESCRIBING THE VEHICLES OR OTHER PROPERTY THE AGENCY HAS REQUESTED TO BE TOWED, TO REVISE THE AMOUNT OF STORAGE COSTS THAT MAY BE CHARGED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE PROCEDURE TO NOTIFY OWNERS AND LIENHOLDERS OF VEHICLES, TO REVISE THE PROCEDURE TO ALLOW THE STORAGE FACILITY TO RELEASE CERTAIN ITEMS CONTAINED IN A STORED VEHICLE TO ITS OWNER, AND TO PROVIDE A PROCEDURE FOR LAW ENFORCEMENT AGENCIES TO FOLLOW WHEN THEY STORE VEHICLES ON THEIR PREMISES FOR SALE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF UNCLAIMED VEHICLES AND THE DISPOSITION OF THE PROCEEDS FROM THEIR SALE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, CHANGE A CODE REFERENCE, AND TO PROVIDE THAT THE MAGISTRATE SHALL NOTIFY CERTAIN PERSONS THAT THEY MAY CLAIM THE PROCEEDS FROM THE SALE OF A VEHICLE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF A STORAGE PLACE; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO THE ATTACHMENT OF COLORED TAGS ON CERTAIN VEHICLES THAT ARE LEFT UNATTENDED ON A HIGHWAY OR PUBLIC OR PRIVATE PROPERTY, SO AS TO PROVIDE THAT THE COLORED TAG SHALL SERVE AS THE ONLY LEGAL NOTICE THAT THE VEHICLE WILL BE REMOVED TO A DESIGNATED PLACE TO BE SOLD IF THE VEHICLE IS NOT REMOVED WITHIN A CERTAIN PERIOD OF TIME, AND TO DELETE ALL PROVISIONS THAT RELATE TO NOTICE REQUIREMENTS BEFORE THE VEHICLE IS SOLD AND THE SALE OF THE VEHICLE; AND TO AMEND SECTION 56-19-840, RELATING TO REQUIRING AN OPERATOR OF A PLACE OF BUSINESS FOR GARAGING, REPAIRING, PARKING, OR STORING CERTAIN VEHICLES TO REPORT UNCLAIMED VEHICLES IN HIS POSSESSION TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE REPORT MAY BE SUBMITTED BEFORE THE EXPIRATION OF THE REPORTING PERIOD, BUT NOT AFTER THE PERIOD EXPIRES, AND TO REVISE THE DEFINITION OF THE TERM "UNCLAIMED".
Ordered for consideration tomorrow.
On motion of Rep. J. E. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 5208 (Word version) -- Reps. J. E. Smith and Herbkersman: A HOUSE RESOLUTION TO PROCLAIM MAY 2004 AS "BICYCLE SAFETY MONTH" IN SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO RECOGNIZE THE BENEFITS OF BICYCLING AND EFFORTS MADE TO IMPROVE BICYCLE SAFETY, AND TO REMIND ALL DRIVERS TO "SHARE THE ROAD".
Whereas, in addition to being a key form of recreation and fitness, bicycling can be a significant mode of transportation for South Carolina, in that it has the potential to help ease congestion on our streets and highways; and
Whereas, today millions of Americans cycle because it is a sustainable and environmentally sound form of transportation, well within the reach of families of nearly all income levels; and
Whereas, bicycle touring and bicycle vacations are proving to be a unique means for visitors to see South Carolina's "Smiling Faces and Beautiful Places" up close; and
Whereas, the continuing task of teaching bicycle safety to riders of all ages remains a vital undertaking, with programs such as bicycle rodeos and helmet promotions being offered by a partnership of schools, law enforcement, civic groups, dedicated volunteers, the business community, and government agencies; and
Whereas, the Palmetto Cycling Coalition, the League of American Bicyclists, and numerous local bicycle clubs throughout South Carolina, as well as concerned individuals, are working together to promote greater awareness of the benefits of cycling and are working with government agencies at all levels to help improve cycling conditions. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, do hereby proclaim May 2004 as "Bicycle Safety Month" in South Carolina and encourage all South Carolinians to recognize the benefits of bicycling and efforts of our citizens to improve bicycle safety and injury prevention and remind drivers to "Share the Road" with bicyclists.
Be it further resolved that a copy of this resolution be forwarded to Palmetto Cycling Coalition.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1224 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE GENERAL ASSEMBLY UPON THE DEATH OF HENRY RUFUS CAUGHMAN, JR. OF ORANGEBURG COUNTY, TUESDAY, DECEMBER 23, 2003, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 1219 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 44-7-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE ORANGEBURG-CALHOUN REGIONAL HOSPITAL, SO AS TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO MAKE THE APPOINTMENTS TO THE BOARD AND PROVIDE THAT THE GOVERNING BODIES OF ORANGEBURG AND CALHOUN COUNTIES SHALL MAKE THE APPOINTMENTS ACCORDING TO THE PRO RATA METHOD PRESCRIBED IN THIS SECTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Branham Breeland J. Brown R. Brown Ceips Chellis Clark Clemmons Clyburn Coates Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Howard Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rivers Sandifer Scarborough Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Trotter Umphlett Vaughn Walker White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, May 5.
William Bowers John Scott Douglas Jennings Fletcher Smith Gilda Cobb-Hunter Seth Whipper Chip Huggins G. Murrell Smith Bessie Moody-Lawrence Thad Viers Daniel Tripp Becky Martin Todd Rutherford David Weeks Joseph Neal Grady Brown Gary Simrill
The SPEAKER granted Rep. CATO a leave of absence for the day.
Rep. JENNINGS 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, May 4.
Announcement was made that Dr. James R. Pruitt of Seneca 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. 5027 (Word version)
Date: REMOVE:
05/05/04 MILLER
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1213 (Word version) -- Senators Knotts, Setzler, Courson and Cromer: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4801 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.
Upon the withdrawal of a request for debate by Rep. SCOTT, the following Bill was taken up:
H. 4805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE OBTAINED; TO AMEND SECTION 56-9-351, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE THE PROVISIONS CONTAINED IN THIS SECTION BECOME APPLICABLE; AND TO AMEND SECTION 56-9-359, RELATING TO THE AMOUNT OF SECURITY THE DEPARTMENT OF MOTOR VEHICLES MAY ORDER A PERSON TO DEPOSIT, SO AS TO REVISE THE MINIMUM AMOUNT OF SECURITY THAT MAY BE REQUIRED BY THE DEPARTMENT.
Rep. GILHAM explained the Bill.
The Bill was read second time and ordered to third reading.
The Senate amendments to the following Bill were taken up for consideration:
H. 4115 (Word version) -- Reps. Lourie, Parks, Littlejohn, Weeks and McLeod: A BILL TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT OF 2003 BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE PROGRAM TO CONDUCT SURVEILLANCE AND MONITORING OF BIRTH DEFECTS AND TO MAINTAIN A CENTRAL DATABASE OF THIS INFORMATION; TO REQUIRE VARIOUS HEALTHCARE PROVIDERS TO PROVIDE ACCESS TO BIRTH DEFECT INFORMATION; TO PROVIDE PROCEDURES FOR DISCLOSURE OF INFORMATION; AND TO PROVIDE IMMUNITY AND CONFIDENTIALITY PROVISIONS AND PENALTIES FOR VIOLATIONS.
Rep. J. BROWN explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill 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.
The Senate amendments to the following Bill were taken up for consideration:
H. 3473 (Word version) -- Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, J. E. Smith, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn and Witherspoon: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill 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.
The Senate amendments to the following Bill were taken up for consideration:
H. 4130 (Word version) -- Reps. Cato, Tripp, G. R. Smith, Anthony and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill 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.
The Senate amendments to the following Bill were taken up for consideration:
H. 3460 (Word version) -- Reps. Jennings, Lucas, F. N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill 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.
The Senate amendments to the following Bill were taken up for consideration:
S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill 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.
The following Bill was taken up:
H. 5111 (Word version) -- Reps. Witherspoon, Frye, McLeod, Coleman, Bailey, Martin, Townsend, Sinclair, Barfield, Cobb-Hunter, Rutherford, Mack, Rhoad, Ott, Duncan, J. H. Neal, Emory, J. M. Neal, Whitmire, Thompson, Cooper, Anthony, Bales, Bowers, R. Brown, Clemmons, Coates, Davenport, Freeman, Govan, Herbkersman, J. Hines, Hosey, Jennings, Keegan, Kennedy, Koon, Lee, Limehouse, Loftis, Neilson, Pinson, M. A. Pitts, Rivers, Sandifer, F. N. Smith, G. M. Smith, Snow, Talley, Taylor, Toole, Umphlett, Weeks, Whipper and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A UNIFORM SYSTEM OF MILK CONTROL, TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Rep. ALTMAN spoke against the Bill.
Rep. ALTMAN spoke against the Bill.
Rep. THOMPSON moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WITHERSPOON moved to table the motion.
Rep. WITHERSPOON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Barfield Battle Bingham Bowers Breeland J. Brown R. Brown Clark Clemmons Coates Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Duncan Edge Emory Freeman Frye Gourdine Harrison Hayes Herbkersman J. Hines Howard Huggins Jennings Kennedy Koon Littlejohn Lloyd Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller J. M. Neal Neilson Ott Parks E. H. Pitts M. A. Pitts Quinn Rhoad Scott Sinclair F. N. Smith G. R. Smith J. R. Smith Snow Talley Taylor Toole Townsend Trotter Umphlett Viers Weeks Whipper Whitmire Witherspoon
Those who voted in the negative are:
Altman Branham Ceips Chellis Hagood Hamilton Harrell Haskins M. Hines Hinson Keegan Kirsh Leach Limehouse Loftis Lourie Merrill Moody-Lawrence Owens Perry Pinson Rice Richardson Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith Stille Thompson Tripp Vaughn White Wilkins Young
So, the motion to recommit the Bill was tabled.
The question then recurred to the passage of the Bill on third reading.
Rep. WITHERSPOON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Barfield Bingham Bowers Breeland J. Brown R. Brown Clark Clemmons Coates Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hayes Herbkersman J. Hines Howard Huggins Jennings Kennedy Koon Leach Lee Littlejohn Lloyd Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller Moody-Lawrence J. M. Neal Neilson Ott Parks Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rivers Scott Sinclair G. M. Smith G. R. Smith J. R. Smith Snow Talley Taylor Toole Townsend Trotter Umphlett Viers Walker Weeks Whipper Whitmire Witherspoon
Those who voted in the negative are:
Altman Branham Ceips Chellis Hagood Hamilton Harrell Harrison Haskins Hinson Keegan Kirsh Limehouse Lourie Merrill Owens Perry Rice Richardson Sandifer Scarborough Simrill Skelton D. C. Smith J. E. Smith Stewart Stille Thompson Tripp Vaughn White Wilkins Young
So, the Bill was read the third time and ordered sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5196 (Word version) -- Reps. Ceips and Scarborough: A CONCURRENT RESOLUTION TO RECOGNIZE THE VALUE OF SOUTH CAROLINA'S BEACHES AND COASTAL AREAS AND TO PROVIDE FOR THEIR PROTECTION AS A PUBLIC TRUST RESOURCE THROUGH THE IMPLEMENTATION OF POLICIES DESIGNED TO DEFEND AGAINST EROSION.
Whereas, the General Assembly recognizes that South Carolina's beaches and coastal area are vital to the state's economy and are enjoyed by residents and tourists alike; and
Whereas, it is the objective of the State to assure that these beaches are protected, well-managed, and maintained as a public trust resource entrusted to the State for the benefit of all; and
Whereas, the health of South Carolina's public beaches and dunes depends upon a sustained natural flow of sand in the dynamic near-shore area as these beaches change daily in response to tides, erosion, and accretion; and
Whereas, the beach-quality sand making up our beaches is a valuable resource owned by the State of South Carolina and any diminishment of the public trust resource carries with it an economic cost detrimental to the State; and
Whereas, it is the policy of the State to provide wise and balanced stewardship for this resource for the maximum benefit of our beaches and dunes and for our citizens and their economic improvement; and
Whereas, it is also the policy of the State to protect and manage all beach-quality sand resources and require whenever feasible that any action to remove this sand from the near-shore beach and dune system be prohibited; and
Whereas, clean beach-quality sand dredged from inlets and navigation channels within the active near-shore, beach, or inlet shoal systems must not be removed permanently from the active near-shore, beach, or inlet shoal system; and
Whereas, the active near-shore area is defined as a distance not to exceed one-half mile inland from the mouth of the inlet, which is defined as the narrowest point of measurement from the high ground bordering each side of the inlet; and
Whereas, this dredged material must be disposed of whenever possible and feasible on the ocean beach or active near-shore area where it is environmentally acceptable and compatible with other uses of the beach; and
Whereas, in the interest of furthering the growth of South Carolina and in support of this objective, exceptions to this policy can be made for the use of this resource for other equally important public purposes if it can be demonstrated that this use is the most cost effective alternative and the removal of this amount of beach-quality sand will not significantly impact adjacent beaches; and
Whereas, it is the policy of the State of South Carolina that future construction of stabilizing jetty structures in inlets to facilitate navigation must be prohibited unless design features are considered into inlet stabilization projects to provide for the by-passing of beach-quality sand to the adjacent downdrift beach areas to prevent erosion of the downdrift adjacent beach; and
Whereas, it is further recognized and supported that the Charleston and Georgetown navigational channel projects and their existing jetties be evaluated by the state and federal government to determine the feasibility and benefit of retrofitting these structures with sand by-passing capacity to alleviate the erosion that these structures cause to adjacent downdrift beaches, and that federal funds be requested to fund this study as a federal responsibility. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, recognize the value of South Carolina's beaches and coastal areas and provide for their protection as a public trust resource through the implementation of policies designed to defend against erosion.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1196 (Word version) -- Senators McConnell, Courson and Ford: A CONCURRENT RESOLUTION TO APPROVE THE SITE RECOMMENDED BY THE HUNLEY COMMISSION FOR THE DISPLAY AND EXHIBITION OF THE H. L. HUNLEY IN NORTH CHARLESTON, SOUTH CAROLINA, SUBJECT TO THE EXECUTION OF AN ACCEPTABLE CONTRACT BETWEEN THE HUNLEY COMMISSION AND THE CITY OF NORTH CHARLESTON.
Rep. LIMEHOUSE moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.
The following Concurrent Resolution was taken up:
H. 5193 (Word version) -- Reps. Scarborough, Altman, Hagood, Harrell and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HARBOR VIEW ROAD OVER JAMES ISLAND CREEK IN CHARLESTON COUNTY THE DR. JULIAN THOMAS BUXTON, JR. BRIDGE AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "DR. JULIAN THOMAS BUXTON, JR. BRIDGE".
Whereas, Julian Thomas Buxton, Jr., M.D. was born in Sumter, South Carolina, and received his education and training at many noteworthy institutions, including Woodberry Forest School, Princeton University, Johns Hopkins Medical School, Roosevelt Hospital, and the Medical University of South Carolina; and
Whereas, Dr. Buxton dutifully served his country as a Lieutenant Commander in the United States Navy; and
Whereas, he exemplified his concern for all peoples by his volunteer service in treating Vietnamese civilians in the surgical hospital at DaNang in 1966 and through his role in 1976 in the Episcopal Surgical Mission to the Dominican Republic; and
Whereas, Dr. Buxton served faithfully as a member of the Board of Directors for Roper Hospital for over thirty years, during which time he also served as President of the Medical Society of South Carolina from 1986-1989; and
Whereas, for his many years of commitment to medical education of health care professionals, the Julian T. Buxton, Jr., M.D. Education Endowment has been established; and
Whereas, through his devotion to South Carolina, and especially the Charleston region, and by his own demonstration of unwavering commitment to doing something because "it's the right thing to do", its citizens are able to enjoy access to outstanding quality and service provided by not-for-profit medicine; and
Whereas, in that Dr. Buxton represents the finest of all that is good about those who care for one another, it is proper and fitting that tribute be paid to him for his many contributions and outstanding attributes by naming a bridge in Charleston County in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, request the Department of Transportation to name the bridge on Harbor View Road over James Island Creek in Charleston County the Dr. Julian Thomas Buxton, Jr. Bridge and to install appropriate markers or signs at the bridge containing the words "Dr. Julian Thomas Buxton, Jr. Bridge".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. SCARBOROUGH.
The following Bill was taken up:
H. 4556 (Word version) -- Reps. Townsend, Davenport, McGee, Clark, W. D. Smith, Wilkins, Harvin and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 57 SO AS TO ENACT THE SOUTH CAROLINA RELOCATION AND RECONSTRUCTION AGREEMENT ACT, TO EMPOWER LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR MEDIATION OR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12465CM04), which was rejected:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 25, Title 57 of the 1976 Code is amended by adding:
"Section 57-25-900. (A) As used in this section:
(1) 'local governing body' means a municipality, county, local zoning authority, or political subdivision;
(2) 'relocation and reconstruction agreement' means a consensual, contractual agreement between an off-premises sign owner and a local governing body for either the reconstruction of an existing off-premise sign or the removal of an off-premises sign and construction of a new off-premises sign to substitute for the off-premises sign removed;
(3) 'off-premises sign' means a lawfully erected, permanent sign which relates in its subject matter to products, accommodations, services, or activities sold or offered elsewhere than upon the premises on which the sign is located. Off-premises sign structures are personal property; and
(4) 'just compensation' means payment of a fair and reasonable amount for property taken from a person or entity by a local governing body. Amortization is not just compensation.
(B) A local governing body may acquire by purchase, gift, or condemnation and shall pay just compensation upon the removal of off-premises signs.
(C) Compensation may be paid only for the taking from the owner of:
(1) an off-premises sign of all right, title, leasehold, and interest in it;
(2) the real property on which the off-premises sign is located of the right to erect and maintain an off-premises sign on it.
(D) No off-premises sign may be removed until the owner of the property on which it is located has been compensated fully for a loss which may be suffered as a result of the removal of the off-premises sign through the termination of a lease or other financial arrangement with the owner of the off-premises sign. The compensation must include damage to the landowner's property occasioned by removal of the off-premises sign. The local governing body is limited to an expenditure of five million dollars for the local governing body's part of just compensation.
(E) Before paying just compensation, the local governing body must make every reasonable effort to relocate the off-premises sign to a comparable site in the local jurisdiction acceptable to both the local governing body and the off-premises sign owner. The local governing body must pay for relocating the off-premises sign including the cost of removing and constructing the off-premises sign.
(F) A local governing body must hold a public hearing before taking final action to remove off-premises signs. A public hearing notice must be published in a newspaper of general circulation in the county or municipality at least thirty days prior to the hearing. The notice must include the fiscal impact on the local governing body's taxpayers for removal of the off-premises signs including, but not limited to, any relocation costs and compensation payments. Every off-premises sign removal zoning plan, ordinance, or resolution must be enacted by the affirmative vote of at least two-thirds of the members of the local governing body's members present at the hearing.
(G) If the off-premises sign owner or the owner of the real property upon which the off-premises sign is located disagrees with the amount of just compensation, then the owner may appeal the determination to a court of competent jurisdiction.
(H) Nothing in this section shall be construed to prohibit a local governing body from entering into a relocation and reconstruction agreement with an off-premises sign owner and the owner of the real property upon which the off-premises sign is located.
(I) Nothing in this section shall be construed to affect the requirements of Article 3, Chapter 25 of Title 57."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND continued speaking.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. SKELTON spoke against the amendment.
Rep. SKELTON spoke against the amendment.
Rep. RIVERS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. LOURIE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Barfield Bingham Breeland Ceips Clark Davenport Delleney Edge Frye Gilham Govan Harrison Haskins Hayes J. Hines Huggins Koon Littlejohn Lloyd Loftis Martin McGee J. H. Neal Perry E. H. Pitts Rutherford Sandifer Scott G. M. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Thompson Toole Townsend Trotter Walker White Wilkins
Those who voted in the negative are:
Altman Anthony Battle Bowers R. Brown Chellis Clemmons Clyburn Cobb-Hunter Coleman Dantzler Duncan Emory Freeman Gourdine Hagood Hamilton Harrell Hinson Keegan Kennedy Kirsh Leach Lee Limehouse Lourie Lucas Mack McCraw McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson Ott Owens Parks Pinson Quinn Rice Richardson Rivers Scarborough Simrill Sinclair Skelton G. R. Smith J. E. Smith Tripp Umphlett Viers Weeks Whipper Whitmire Young
So, the amendment was rejected.
Rep. SKELTON moved to recommit the Bill to the Committee on Education and Public Works.
Rep. TOWNSEND moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bales Barfield Bingham Breeland Chellis Clark Coates Cooper Davenport Edge Frye Gilham Harrison Hayes J. Hines Hinson Huggins Koon Littlejohn Lloyd Loftis Mahaffey Martin Merrill E. H. Pitts Quinn Sandifer Scarborough G. M. Smith Snow Stille Talley Thompson Toole Townsend Trotter Walker Weeks White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Anthony Battle Clemmons Clyburn Cobb-Hunter Dantzler Delleney Duncan Emory Freeman Gourdine Hagood Hamilton Jennings Keegan Kennedy Kirsh Leach Lee Limehouse Lucas Mack McCraw McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson M. A. Pitts Rice Richardson Rivers Rutherford Simrill Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Taylor Tripp Umphlett Vaughn Viers Whipper
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill to the Committee on Education and Public Works Committee, which was agreed to.
I was temporarily out of the Chamber on the recommit motion on H. 4556. The House had just presented a resolution to the family of the late Jim Anders, our former solicitor. I was in the lobby visiting with his family members when the vote took place.
I was unable to reach my desk in time, before the roll call vote ended. Had I been able to record a vote, I would have voted to recommit the Bill. I did vote by voice, in favor of the next motion, which was to officially recommit the Bill.
Rep. Joel Lourie
Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 5, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 229, S. 154 (Word version) by a vote of 46 to 0.
(R.229) S. 154 -- Senator Giese: AN ACT TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A TEACHER EDUCATION PROGRAM MUST BE ADVISED BY THE COLLEGE OR UNIVERSITY THAT HIS PRIOR CRIMINAL RECORD COULD PREVENT HIS TEACHER CERTIFICATION, PROVIDE THAT BEFORE BEGINNING FULL-TIME CLINICAL TEACHING EXPERIENCE A PERSON SHALL UNDERGO A STATE AND NATIONAL CRIMINAL RECORDS CHECK TO BE REVIEWED BY THE STATE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION, PROVIDE THAT THE COSTS ASSOCIATED WITH THE FBI BACKGROUND CHECKS ARE THOSE OF THE APPLICANT, PROVIDE THAT THE INFORMATION COULD AFFECT HIS FITNESS TO TEACH AND THAT HE MAY BE DENIED THE OPPORTUNITY TO COMPLETE HIS CLINICAL TEACHING EXPERIENCE, PROVIDE THAT A TEACHER EDUCATION CANDIDATE MAY REQUEST RECONSIDERATION AFTER ONE YEAR, AND PROVIDE THAT A GRADUATE OF A TEACHER EDUCATION PROGRAM APPLYING FOR INITIAL TEACHER CERTIFICATION MUST HAVE COMPLETED THE FBI FINGERPRINT PROCESS WITHIN EIGHTEEN MONTHS OF FORMALLY APPLYING; AND TO REPEAL SECTIONS 59-3-50, 59-3-60, AND 59-3-70, ALL RELATING TO STATISTICAL REPORTS REQUIRED BY THE SUPERINTENDENT OF EDUCATION.
Very respectfully,
President
The SPEAKER ordered the following veto printed in the Journal:
April 26, 2004
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 154 (Word version), R.229, an Act.
This legislation was introduced to strengthen the background check procedure for prospective teachers, which is a measure I support. However, I am vetoing the legislation based on the content of Section 2, which was added by amendment.
Section 2 of the Bill deletes Sections 59-3-50, 59-3-60, and 59-3-70, from the Code of Laws, which require the reporting of various statistics from schools to the Superintendent, as well as from the Superintendent to the Governor and the General Assembly. The information that these sections require is critical to the legislature and to governors as they make decisions that affect the state's schools. It includes the number of pupils, the number of schools, the average teacher salary and the cost and status of school construction, among other items.
This veto is not based on communication problems between the Superintendent's office and Governor's office. In fact, I have no doubts that the Superintendent would continue to report this information in a timely manner to my office as well as to the General Assembly. Instead, my veto is based on the importance of the State's role in maintaining our education system. As one of the State's most significant obligations, it is essential that future governors, legislatures and Superintendents have access to the most current information and data. The Department of Education has indicated that some of the language contained in these sections is outdated. A more appropriate method of addressing this would be to update and amend those sections rather than eliminating them altogether.
For these reasons, I am returning S. 154, R.229 to you without my signature.
Sincerely,
Mark Sanford
Governor
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5207 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO HAVE SIGNS PLACED ON I-385 AT EXIT 34 ON BUTLER ROAD TO MARK THE EXIT TO THE "BOY SCOUTS OF AMERICA SERVICE CENTER".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1215 (Word version) -- Senators Leatherman, McGill, Malloy, Glover, Land and Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE OF INTERSTATE 95 AND HIGHWAY 327 IN FLORENCE COUNTY IN HONOR OF MR. ROBERT W. WILLIAMS, JR. FOR HIS LONG AND OUTSTANDING CAREER AS A PIONEER OF RURAL ELECTRIFICATION AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES, THEY WILL REMEMBER MR. WILLIAMS' CONTRIBUTIONS TO THE COMMUNITY.
Ordered for consideration tomorrow.
On motion of Rep. TALLEY, with unanimous consent, the following was taken up for immediate consideration:
H. 5209 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE MEMBERS AND COACHING STAFF OF THE DORMAN HIGH SCHOOL VOLLEYBALL TEAM ON THURSDAY, MAY 13, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON THEIR OUTSTANDING SEASON.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the members and coaching staff of the Dorman High School Volleyball Team on Thursday, May 13, 2004, at a time to be determined by the Speaker to congratulate them on their outstanding season.
The Resolution was adopted.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5210 (Word version) -- Reps. Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Rutherford, Scott and J. E. Smith: A BILL TO ENACT THE RICHLAND COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN RICHLAND COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT THE REVENUE OF THE TAX MUST BE ALLOTTED TO THE SCHOOL DISTRICTS OF RICHLAND COUNTY BASED ON AVERAGE DAILY NUMBER OF STUDENTS RESIDING IN THAT PORTION OF THE DISTRICT THAT IS IN RICHLAND COUNTY AND ALSO BASED ON THE POPULATION OF THE DISTRICT, TO PROVIDE THAT THE REVENUE MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL TAX LIABILITY FOR PROPERTY IN THE DISTRICT AND TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, AND TO PROVIDE THAT REFERENDUMS TO APPROVE MILLAGE INCREASES OR BOND AUTHORIZATIONS FOR ANY PURPOSE IN RICHLAND COUNTY MAY ONLY BE HELD ON THE FIRST TUESDAY WHICH FOLLOWS THE FIRST MONDAY IN NOVEMBER OF A PARTICULAR YEAR.
On motion of Rep. BALES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1207 (Word version) -- Senator Hayes: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO REVISE THE 2004 INDEX OF TAXPAYING ABILITY FOR PURPOSES OF ADJUSTING FOR A VALUATION ERROR IN ROCK HILL SCHOOL DISTRICT THREE OF YORK COUNTY.
Referred to Committee on Ways and Means
S. 1216 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO RECIPIENT UTILIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1217 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO HEARING PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
Rep. J. BROWN moved that the House do now adjourn, which was agreed to.
At 12:20 p.m. the House, in accordance with the motion of Rep. E. H. PITTS, adjourned in memory of Glen Sanders of Lexington, to meet at 10:00 a.m. tomorrow.
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