HOUSE JOURNAL for May 13, 2004 - South Carolina Legislature Online

South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives

Thursday, May 13, 2004
(Statewide Session)

~~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 Psalm 55:1: "Listen to my prayer, O God, do not ignore my pleas; hear me and answer me."
Let us pray. Lord God, thank You for the gift of prayer and the blessings it brings to others and to ourselves. May Your presence shine upon these women and men as they use Your gifts to enhance the lives of Your people in South Carolina. Bestow Your grace upon our National and State leaders and help them to always do Your will. Bless with Your safekeeping our defenders of freedom and 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.

MOTION ADOPTED

Rep. M. A. PITTS moved that when the House adjourns, it adjourn in memory of his sister, Kristie Lovvorn, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 12, 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. 231, S. 827 by a vote of 46 to 0.

(R231) S. 827 (Word version) -- Senators McConnell and J. V. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

Very respectfully,
President

R. 231, S. 827--ORDERED PRINTED IN THE JOURNAL

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. 827 (Word version), R.231, an Act:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

I applaud the American Board of Industrial Hygiene and the Board of Certified Safety Professionals for their efforts to promote workplace safety and to encourage qualified workplace safety professionals. However, I must respectfully veto this legislation based on the administration's belief that unless there is widespread harm the state's power to criminalize conduct need not be invoked in instances where private associations and the market place can provide sufficient oversight when combined with the judicial system and civil remedies for harm incurred by misrepresentation.

Senate Bill 827, R.231 provides for criminal penalties if a person holds himself out, verbally or in writing, as a certified industrial hygienist or a certified safety professional. While I understand and appreciate that these certified professionals must undergo an intensive examination and certification process worthy of a certified status, I believe voluntary associations, professional boards and the marketplace can be used to highlight these qualifications and the difference they can make in protecting the public - as well as promoting the value of using a certified professional and in policing unqualified professionals.

This policy is grounded in my fundamental belief in the need to limit government relative to the rest of society because this relationship in the long run determines how a society is ordered. Ultimately, there are two fundamental ways to order society; voluntarily, through private interaction of individuals, associations, religious organizations, businesses etc. - what some term civil society - or coercively, through the power of the state - government or what some call "political society." The power of South Carolina's government could be brought to bare in solving this issue, but I would like to see further efforts at the association level to remedy this issue first. Even George Washington recognized this dilemma when he wrote, "Government is not reason, it is not eloquence -- it is force. Like fire, it is a dangerous servant and a fearsome master."

My position on this issue has been consistent, in our Executive Budget we proposed to eliminate state oversight of professional geologists and foresters because we believed their voluntary associations and professional boards could provide adequate oversight to ensure public protection. I believe that we should follow a similar approach by relying on professional organizations to provide sufficient qualifications for industrial hygienists and safety professionals and necessary safeguards for the public.

For these reasons, I am returning S. 827, R.231 to you without my signature.

Sincerely,
Mark Sanford
Governor

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 12, 2004
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. 4591:

H. 4591 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

REPORTS OF STANDING COMMITTEE

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

S. 813 (Word version) -- Senators Richardson, Hutto, Ravenel and Kuhn: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.
Ordered for consideration tomorrow.

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

S. 131 (Word version) -- Senators Giese, Ritchie, Ravenel, Reese, Courson, Mescher and Rankin: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES.
Ordered for consideration tomorrow.

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

S. 791 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 59-150-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY VENDORS AND RESTRICTIONS ON THESE VENDORS, SO AS TO PROVIDE THAT CERTAIN PROHIBITIONS AND RESTRICTIONS RELATING TO CONTRIBUTIONS AND LOBBYING DO NOT APPLY TO A LOTTERY VENDOR THAT IS A FEDERALLY-CHARTERED OR INSURED FINANCIAL INSTITUTION WHICH PROVIDES ONLY BANKING SERVICES AS A LOTTERY VENDOR, BUT DO APPLY TO THE VENDOR'S EMPLOYEES WHO ARE INVOLVED ON A DAY-TO-DAY BASIS IN PROVIDING THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CONTRACT WITH THE LOTTERY COMMISSION.
Ordered for consideration tomorrow.

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

S. 767 (Word version) -- Senators Courson, Cromer, Land, Matthews, Fair, Hawkins, Verdin, Alexander, Anderson, Branton, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hayes, Jackson, Knotts, Kuhn, Malloy, Martin, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J. V. Smith, Waldrep, Thomas, McConnell, Ryberg, Ritchie, Leatherman, Hutto and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 1 OF TITLE 25 SO AS TO ESTABLISH AND PROVIDE FOR THE OPERATIONS AND ADMINISTRATION OF THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND, TO PROVIDE THE USES OF THE FUND TO AWARD GRANTS TO MILITARY FAMILIES AND PROVIDE THE ELIGIBILITY FOR AND TYPES OF GRANTS THAT MAY BE AWARDED, TO PROVIDE THAT GRANT APPLICATIONS MUST BE MADE TO THE ADJUTANT GENERAL, AND TO PROVIDE FOR THOSE REVENUES TO BE CREDITED TO THIS FUND, AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DONATIONS THAT MAY BE MADE BY CHECKOFFS ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO PROVIDE A CHECKOFF FOR THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND.
Ordered for consideration tomorrow.

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

S. 852 (Word version) -- Senator McGill: A BILL TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION.
Ordered for consideration tomorrow.

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

S. 277 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO ESTABLISH CRITERIA BY WHICH A COUNTY MAY OFFER ECONOMIC INCENTIVES FOR RENOVATION AND REHABILITATION OF ARCHITECTURALLY SIGNIFICANT HOMES BY OWNERS WHO OCCUPY THEM.
Ordered for consideration tomorrow.

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

S. 16 (Word version) -- Senators Setzler, Mescher, Grooms, Ravenel, Reese, Courson, Branton and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ADDING SECTION 8-11-177 TO PROVIDE THREE DAYS OF PAID LEAVE FOR STATE EMPLOYEES IN THE CASE OF THE DEATH OF AN IMMEDIATE FAMILY MEMBER AND PERMIT THE EMPLOYING AGENCY TO REQUIRE A STATEMENT FROM THE EMPLOYEE STATING THEIR RELATIONSHIP TO THE DECEASED.
Ordered for consideration tomorrow.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5244 (Word version) -- Rep. Barfield: A BILL TO ENACT THE HORRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN HORRY COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TEN YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
On motion of Rep. BARFIELD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 5245 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2004 AS MENTAL HEALTH MONTH IN SOUTH CAROLINA AND TO RAISE COMMUNITY AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.

Whereas, the members of the General Assembly call upon all citizens, government agencies, public and private institutions, businesses, and schools in South Carolina to increase our state's understanding and acceptance of mental illnesses; and

Whereas, mental health is critical for the well-being and vitality of our families, businesses, and communities; and

Whereas, mental illness will strike one in five Americans in a given year regardless of age, gender, race, ethnicity, religion, or economic status; and

Whereas, one in five children suffers from a diagnosable mental or emotional disorder, and one in ten has a serious disorder which, if untreated, can lead to school failure, addiction, and even suicide; and

Whereas, mental disorders, collectively, make mental illness the most prevalent health problem in America today, and it is more common than cancer and lung and heart disease combined; and

Whereas, the South Carolina Department of Mental Health observes Mental Health Month each year in May to raise awareness of mental health, mental illness, and insurance discrimination against people with mental illnesses; and

Whereas, the General Assembly commends the South Carolina Department of Mental Health for its difficult task of educating the public about the often misunderstood issue of mental illness. 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, designate the month of May 2004 as Mental Health Month in South Carolina and raise community awareness and understanding of mental illness and the need for appropriate and accessible services for all people with mental illness.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Mental Health.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1231 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO COMMEND THE ADMINISTRATION, FACULTY, STAFF, AND SUPPORTERS OF ST. ANTHONY OF PADUA CATHOLIC SCHOOL IN GREENVILLE FOR SUCCESSFULLY NURTURING MORE THAN FIVE THOUSAND YOUNGSTERS IN A FRANCISCAN ENVIRONMENT OF LOVE, PEACE, AND SECURITY SINCE 1951 AND WISH THEM CONTINUED SUCCESS IN THE FIELD OF EDUCATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1232 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO CONGRATULATE BOB JONES ACADEMY VARSITY MOCK TRIAL TEAM, LOCATED IN GREENVILLE, SOUTH CAROLINA, FOR ITS COMMITMENT TO EXCELLENCE AND DEMONSTRATION OF EXTRAORDINARY ABILITY IN THE AREA OF MOCK TRIAL COMPETITION UPON BEING DECLARED THE HIGH SCHOOL MOCK TRIAL NATIONAL CHAMPIONS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1233 (Word version) -- Senators Ritchie, Hawkins, Peeler and Reese: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF SPARTANBURG COUNTY IN WELCOMING THE EXCITING ANNOUNCEMENT OF THE LOCATION ON THE GROUNDS OF THE MARY BLACK MEMORIAL HOSPITAL OF THE MARY BLACK CENTER FOR ORTHOPEDIC EXCELLENCE, A COLLABORATION OF THE LONG-TRUSTED MARY BLACK HEALTH SYSTEM AND THE HIGHLY RESPECTED STEADMAN HAWKINS CLINIC.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1234 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE DR. DEBRA COX ON BEING NAMED SOUTH CAROLINA ELEMENTARY SCHOOL ASSISTANT PRINCIPAL OF THE YEAR 2003-2004 AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.

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

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clyburn
Coates                 Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Duncan                 Emory                  Freeman
Gilham                 Gourdine               Hagood
Harrell                Harrison               Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Keegan                 Kennedy
Kirsh                  Leach                  Lee
Limehouse              Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Mahaffey               McCraw                 McGee
Merrill                Miller                 J. M. Neal
Neilson                Ott                    Owens
Parks                  Phillips               Pinson
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Rivers
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Snow
Stille                 Talley                 Taylor
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 13.

Michael Thompson                  Kenneth G. Clark
McLain R. "Mac" Toole             Edward H. "Ted" Pitts
Larry Koon                        Fletcher Smith
Marion Frye                       Creighton Coleman
Doug Smith                        Becky Martin
Ralph Davenport                   Glenn Hamilton
Bessie Moody-Lawrence             James E. Stewart
Douglas Jennings                  Tracy Edge
Dwight Loftis                     Jerry Govan
Gloria Haskins                    Walton McLeod
Alex Harvin                       Joseph Neal

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. CLEMMONS a leave of absence due to illness in the family.

STATEMENT OF ATTENDANCE

Rep. COLEMAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 12.

DOCTOR OF THE DAY

Announcement was made that Dr. Thomas Whitaker of Myrtle Beach is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. TALLEY, LEE and SINCLAIR presented to the House the Dorman High School "Cavaliers" Girls Volleyball Team, the 2003 Class AAAA Champions, and their coaches.

SPECIAL PRESENTATION

Reps. TALLEY, LEE and SINCLAIR presented to the House the Dorman High School "Cavaliers" Girls Basketball Team, the 2003 Class AAAA Champions, and their coaches.

SPECIAL PRESENTATION

Reps. MCLEOD and HUGGINS presented to the House the Chapin High School SAT Team, the 2004 State Champions, their coaches and other school officials.

H. 5210--DEBATE ADJOURNED

Rep. BALES moved to adjourn debate upon the following Bill until Tuesday, May 18, which was adopted:

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.

S. 1148--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1148 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 56-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMATIC SUSPENSION OF A MOTOR VEHICLE REGISTRATION UPON LAPSE OR TERMINATION OF THE SECURITY REQUIRED TO OPERATE THE VEHICLE, SO AS TO PROVIDE THAT THE VEHICLE'S OWNER'S DRIVING PRIVILEGES ARE ALSO SUSPENDED WHEN THE VEHICLE'S REQUIRED SECURITY LAPSES OR TERMINATES; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO A PROVIDER OF INSURANCE'S OR SECURITY'S OBLIGATION TO NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE'S INSURANCE OR SECURITY LAPSES OR TERMINATES, SO AS TO REVISE THE PROCEDURE WHEREBY AN INSURANCE OR SECURITY PROVIDER MUST NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE INSURANCE POLICY OR SECURITY LAPSES OR TERMINATES, AND TO REVISE THE DEPARTMENT OF MOTOR VEHICLE'S OBLIGATIONS TO NOTIFY A VEHICLE OWNER THAT HIS VEHICLE REGISTRATION HAS BEEN SUSPENDED; TO AMEND SECTION 56-10-220, AS AMENDED, RELATING TO THE REQUIREMENT THAT A REGISTERED VEHICLE BE INSURED, SO AS TO PROVIDE THAT THE CERTIFICATE OF INSURANCE MUST BE IN A FORM THAT HAS BEEN REVIEWED BY THE DEPARTMENT OF INSURANCE AND THE WORKING GROUP, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY PROMULGATE A REGULATION TO REQUIRE PROOF OF INSURANCE ON CERTAIN NEW AND RENEWAL REGISTRATIONS; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENT THAT ONCE A MOTOR VEHICLE BECOMES UNINSURED, THE VEHICLE OWNER MUST OBTAIN NEW INSURANCE OR SURRENDER HIS VEHICLE REGISTRATION AND LICENSE PLATE, SO AS TO PROVIDE THAT A PERSON'S DRIVING PRIVILEGES ARE ALSO SUSPENDED WHEN HIS MOTOR VEHICLE BECOMES UNINSURED; TO AMEND SECTION 56-10-640, RELATING TO THE MOTORIST INSURANCE DATABASE PROGRAM, SO AS TO PROVIDE THAT THE WORKING GROUP SHALL ISSUE RECOMMENDATIONS REGARDING THE IMPLEMENTATION OF THE PROGRAM AND ISSUE ANNUAL REPORTS ON THE PROGRAM'S EFFECTIVENESS; TO AMEND SECTION 56-10-650, RELATING TO THE SUSPENSION OF THE LICENSE PLATE OF AN UNINSURED MOTOR VEHICLE, SO AS TO REVISE THE PERIOD OF TIME A PERSON MUST VERIFY THAT HIS MOTOR VEHICLE IS INSURED OR EXEMPT FROM THE FINANCIAL SECURITY REQUIREMENTS BEFORE HIS DRIVING PRIVILEGES AND VEHICLE LICENSE PLATES WILL BE SUSPENDED; TO AMEND SECTION 38-55-50, RELATING TO THE PROVISIONS THAT PROHIBIT DISCRIMINATION IN THE OFFERING OF INSURANCE POLICIES, SO AS TO PROVIDE THAT A LICENSED AGENT OR BROKER MAY CHARGE CERTAIN ADMINISTRATIVE FEES FOR INCIDENTAL SERVICES TO CERTAIN INDIVIDUALS ASSOCIATED WITH UNINSURED MOTORIST RELATED TRANSACTIONS AND THE ELECTRONIC REPORTING OF INFORMATION TO THE DEPARTMENT OF MOTOR VEHICLES; AND TO AMEND SECTION 38-77-340, RELATING TO AGREEMENTS TO EXCLUDE NATURAL PERSONS FROM INSURANCE COVERAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING THESE AGREEMENTS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3944CM04), which was adopted:
Amend the bill, as and if amended, Section 38-55-50, SECTION 7, page 7, line 11, by deleting / bulletin / and inserting:
/ regulation /.
When amended Section 38-55-50 reads:
/ "Section 38-55-50. An insurer, its agent, or an insurance broker doing business in this State may not make or permit any discrimination in favor of individuals between insureds of the same class and risk involving the same hazards in the amount of the payment of premiums or rates charged for policies of insurance except as provided in Sections 38-57-140, 38-65-310, and 38-71-1110, in the dividends or other benefits payable, or in any other of the terms and conditions of the contracts it makes. An insurer, its agent, or an insurance broker may not make a contract of insurance or agreement as to a contract other than as plainly expressed in the policy issued. An insurer or its officer, agent, solicitor, or representative or an insurance broker may not pay, allow, or give or offer to pay, allow, or give, directly or indirectly, as inducement to the taking of insurance any rebate of premium payable on the policy, any special favor or advantage in the dividends or other benefits to accrue from the policy, any paid employment or contract for services of any kind, or any valuable consideration or inducement not specified in the policy contract of insurance, or give, sell, or purchase or offer to give, sell, or purchase, as inducement to the taking of insurance or in connection therewith, any stocks, bonds, or other securities of an insurer or other corporation, association, or partnership, any dividends or profits to accrue from them, or anything of value not specified in the policy. This section does not prohibit a licensed agent or broker from charging administrative fees, as promulgated by the Department of Insurance by regulation, for incidental services associated with uninsured motorist related transactions and the electronic reporting of information to the Department of Motor Vehicles. However, fees for uninsured motorist related transactions may be charged only to consumers who have had a lapse in their automobile coverage. Notice of these fees must be posted prominently in the agent's or broker's office.

This section does not prohibit the payment of a fee to a trade or professional association exempt from income tax under Section 501(c) of the Internal Revenue Code.

Further, this section does not prohibit the rebating of any commission to the insured on an automobile insurance policy collected by, or on behalf of, a licensed insurance agent." /
Amend further, page 8, by striking SECTION 9 in its entirety and inserting:
/ SECTION 9. This act takes effect January 1, 2005. /
Renumber sections to conform.
Amend title to conform.

Rep. TRIPP explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1148--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TRIPP, with unanimous consent, it was ordered that S. 1148 (Word version) be read the third time tomorrow.

S. 1126--POINT OF ORDER

The following Bill was taken up:

S. 1126 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 38-39-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREMIUM SERVICE AGREEMENTS, TO CLARIFY PROVISIONS OF PREMIUM SERVICE CONTRACTS AND DISCLOSURES, INCLUDING RENEWALS; TO AMEND SECTION 38-39-80, RELATING TO PREMIUM SERVICE COMPANIES, TO REQUIRE CERTAIN REGULATIONS BY THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-39-90, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES UPON DEFAULT, TO CLARIFY CERTAIN NOTICES TO INSUREDS.

POINT OF ORDER

Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 687--POINT OF ORDER

The following Bill was taken up:

S. 687 (Word version) -- Senator J. V. Smith: A BILL TO AMEND CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ACCOUNTANTS INCLUDING, BUT NOT LIMITED TO, REVISING THE COMPOSITION OF THE BOARD TO CONTAIN THREE RATHER THAN TWO MEMBERS OF THE PUBLIC, CLARIFYING THE SCOPE OF PRACTICE OF ACCOUNTANTS, FURTHER SPECIFYING EDUCATIONAL REQUIREMENTS FOR LICENSURE, AUTHORIZING FEES FOR REGISTRATION OF ACCOUNTING FIRMS, AUTHORIZING THE ESTABLISHMENT OF PEER REVIEW STANDARDS, INCREASING CRIMINAL PENALTIES, REVISING LICENSURE RENEWAL PROCEDURES, DELETING PROVISIONS FOR THE LICENSURE AND REGULATION OF ACCOUNTING PRACTITIONERS AND TO PROVIDE CERTAIN TRANSITION PROVISIONS.

POINT OF ORDER

Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 816--POINT OF ORDER

The following Joint Resolution was taken up:

S. 816 (Word version) -- Senators Ford and Kuhn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO MODIFY THE MONUMENT ERECTED ON THE GROUNDS OF THE CAPITOL COMPLEX IN RECOGNITION OF THE ACCOMPLISHMENTS OF THE LATE STROM THURMOND, UNITED STATES SENATOR FROM THE PALMETTO STATE, SO AS TO INCLUDE THE NAME OF ESSIE MAE WASHINGTON-WILLIAMS AMONG THE ENGRAVED NAMES OF HIS CHILDREN.

Rep. DELLENEY explained the Joint Resolution.

POINT OF ORDER

Rep. SIMRILL made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

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

S. 417 (Word version) -- Senators Martin and Ford: A BILL TO AMEND SECTION 7-15-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION CONTAIN THE APPLICANT'S SOCIAL SECURITY NUMBER.

Rep. SIMRILL explained the Bill.

H. 5242 (Word version) -- Rep. Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-235 SO AS TO ALTER THE LINES OF DORCHESTER AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

Rep. CHELLIS explained the Bill.

H. 5243 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, SO AS TO PROVIDE FOR THE ISSUANCE OF HOSPITAL REVENUE BONDS IN AN AMOUNT UP TO FIVE MILLION DOLLARS ONLY UPON RESOLUTION OF APPROVAL BY THE STATE BUDGET AND CONTROL BOARD, AND NOT PURSUANT TO OTHER APPROVAL PROCEDURES.

Rep. HARRELL explained the Bill.

S. 417--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SIMRILL, with unanimous consent, it was ordered that S. 417 (Word version) be read the third time tomorrow.

H. 5242--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CHELLIS, with unanimous consent, it was ordered that H. 5242 (Word version) be read the third time tomorrow.

H. 5243--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 5243 (Word version) be read the third time tomorrow.

S. 828--POINT OF ORDER

The following Bill was taken up:

S. 828 (Word version) -- Senators Leatherman and Cromer: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS REGULATING PHARMACIES INCLUDING, AMONG OTHER THINGS, FACILITY REQUIREMENTS AND SUPERVISORY REQUIREMENTS FOR PHARMACISTS AND PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT A PHARMACIST MAY NOT SUPERVISE MORE THAN THREE PHARMACY TECHNICIANS AND THAT THROUGH JUNE 30, 2006, ONE OF THESE THREE TECHNICIANS MUST BE STATE-CERTIFIED AND THAT AFTER JUNE 30, 2006, TWO MUST BE STATE-CERTIFIED, AND IF A PHARMACIST SUPERVISES ONE OR TWO TECHNICIANS, THEY ARE NOT REQUIRED TO BE CERTIFIED.

POINT OF ORDER

Rep. DUNCAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 869--POINT OF ORDER

The following Bill was taken up:

S. 869 (Word version) -- Senator J. V. Smith: A BILL TO AMEND CHAPTER 35, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO SPECIFY EXPERIENCE REQUIRED TO QUALIFY FOR LICENSURE AS A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR, TO PROHIBIT LICENSURE OF A PERSON WHO HAS BEEN CONVICTED OF A CRIME RELATED TO THE PRACTICE OF NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATION, TO DELETE SPECIFIC FEES AND REQUIRE FEES TO BE PROMULGATED IN REGULATION, TO FURTHER SPECIFY ACTS OF MISCONDUCT, TO SPECIFY THE AMOUNT OF CIVIL FINES THAT MAY BE IMPOSED GENERALLY AND SPECIFICALLY FOR UNLAWFUL PRACTICE, TO FURTHER PROVIDE FOR THE REGULATION OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, AND TO MAKE TECHNICAL CORRECTIONS.

POINT OF ORDER

S. 1120--POINT OF ORDER

The following Bill was taken up:

S. 1120 (Word version) -- Senator Moore: A BILL TO AMEND ARTICLE 7, CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TO THE ARTICLE RURAL HOSPITALS FOR RECOGNITION AND DESIGNATION AND TO DEFINE RURAL HOSPITALS.

POINT OF ORDER

Rep. MACK made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4640--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4640 (Word version) -- Reps. M. A. Pitts, Limehouse, Altman, Anthony, Duncan, Harrison, Koon, Martin, Pinson, Sinclair, G. R. Smith and Taylor: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\12555AC04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-47-211 of the 1976 Code is amended by adding a new paragraph at the end to read:

"In addition to the above members of the commission, each congressional district must be represented by two additional lay members who must be residents of the congressional districts which they represent on the commission. Of these members first elected, one must be elected for an initial term of two years, and one must be elected for an initial term of four years; the initial terms of these members must be set by the General Assembly at the election. Thereafter, all lay members must be elected for three-year terms. These lay members of the commission are limited to three terms. Vacancies must be filled for the remainder of the unexpired term by election in the same manner of original election."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. PARKS explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4640--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 4640 (Word version) be read the third time tomorrow.

H. 5094--REQUESTS FOR DEBATE WITHDRAWN

Reps. SCOTT, LLOYD and J. BROWN, with unanimous consent, withdrew their requests for debate on H. 5094; however, other requests for debate remained on the Bill:

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.

R. 313, H. 4793--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R313) H. 4793 (Word version) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 2; Nays 0

Those who voted in the affirmative are:

Kennedy                Snow

Total--2

Those who voted in the negative are:

Total--0

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

H. 4925--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration:

H. 4925 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2004; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

RULE 5.15 WAIVED

Rep. HARRELL moved to waive Rule 5.15, which was agreed to by a division vote of 54 to 0.

Rep. HARRELL moved to adjourn debate on the Senate Amendments, which was agreed to.

H. 4557--SENT TO THE SENATE

The following Bill was taken up:

H. 4557 (Word version) -- Reps. Townsend, Harrell, Martin, Stille and White: A BILL TO REPEAL SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF EACH SCHOOL DISTRICT.

Rep. TOWNSEND explained the Bill.

Rep. J. E. SMITH spoke against the Bill.

The question then recurred to the passage of the Bill on third reading.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 53; Nays 52

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Cooper                 Dantzler               Davenport
Delleney               Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Hinson                 Keegan
Leach                  Limehouse              Littlejohn
Mahaffey               Martin                 Merrill
Owens                  E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Sandifer               Scarborough
Simrill                Skelton                D. C. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Stille                 Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Wilkins
Witherspoon            Young

Total--53

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clark                  Clyburn
Coates                 Cobb-Hunter            Cotty
Duncan                 Emory                  Freeman
Gourdine               Govan                  J. Hines
M. Hines               Howard                 Jennings
Kennedy                Kirsh                  Lee
Lloyd                  Lourie                 Lucas
Mack                   McCraw                 McGee
Moody-Lawrence         J. M. Neal             Neilson
Ott                    Parks                  Phillips
Pinson                 Rutherford             Scott
Sinclair               G. M. Smith            J. E. Smith
Snow                   Talley                 Taylor
Thompson               Weeks                  Whipper
Whitmire

Total--52

So, the Bill was read the third time and ordered sent to the Senate.

STATEMENT FOR THE JOURNAL

My reasons for supporting H. 4557 are that I believe that it removes the financial mandates that put the local school districts in a position to raise local property taxes that may have been caused by such mandates.

This gives more flexibility for the school boards in revenue matters to allocate local dollars for the greatest benefit for the children and the classroom.

I did not vote when the vote was taken today due to my presence in a Senate Agriculture Sub-committee hearing, where I was testifying on legislation before them.

Rep. Dwight Loftis

RECORD FOR VOTING

I was temporarily out of the Chamber and would have voted against H. 4557. I was speaking outside the Chamber with the Chapin High School SAT Team, which had been recognized moments before by the House for being the State Champion SAT Team for Class AA schools. A House Resolution had been presented to the team, coaches, and school principal on the House floor.

Rep. Walton J. McLeod

H. 5187--ADOPTED

The following House Resolution was taken up:

H. 5187 (Word version) -- Reps. Sandifer, Cato, Talley and Ott: A HOUSE RESOLUTION URGING THE UNITED STATES CONGRESS TO PROVIDE FOR A DOMESTIC ENERGY POLICY THAT WILL ENSURE AN ADEQUATE SUPPLY OF NATURAL GAS, INCLUDING DEVELOPING THE APPROPRIATE INFRASTRUCTURE, AND THAT WILL EMBRACE A CONCERTED NATIONAL EFFORT TO PROMOTE GREATER ENERGY EFFICIENCY, PRODUCING A POLITICAL CONSENSUS THAT WILL OPEN PROMISING NEW AREAS FOR ENVIRONMENTALLY RESPONSIBLE NATURAL GAS PRODUCTION.

Whereas, the natural gas imbalance is not a free-market problem and cannot be corrected by the importation of natural gas because the high price of natural gas is created by governmental policies that increase demand for natural gas while impeding the development of a greater supply by discouraging domestic exploration and production; and

Whereas, the price of natural gas in the United States, already the highest in the industrial world, has again spiked and shows continued volatility; and

Whereas, the United States is increasingly reliant on natural gas in our national energy supply, creating a tremendous imbalance between natural gas supply and demand; and

Whereas, the chemical and plastics industries of the United States, once leading exporters, now have large trade deficits, and thousands of jobs in this State in these industries are threatened since these industries use natural gas as a raw material; and

Whereas, the members of the South Carolina House of Representatives support a sound, rational, domestic energy policy. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, urge the United States Congress to enact legislation in the 108th Congress providing for a domestic energy policy that will ensure an adequate supply of natural gas, including developing the appropriate infrastructure, and that will embrace a concerted national effort to promote greater energy efficiency, producing a political consensus that will open promising new areas for environmentally responsible natural gas production.

Be it further resolved that a copy of this resolution be forwarded to President George W. Bush, the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of the South Carolina congressional delegation.

Rep. SANDIFER explained the Resolution.

The Resolution was adopted.

S. 1196--DEBATE ADJOURNED

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 adjourn debate on the Resolution until Wednesday, May 19, which was agreed to.

H. 4812--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4812 (Word version) -- Reps. Stewart, Clyburn, Perry, D. C. Smith, J. R. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE PRESIDENT GEORGE W. BUSH AND THE DEPARTMENT OF ENERGY TO UTILIZE EARLY RETIREMENT INCENTIVES AND VOLUNTARY SEPARATION INCENTIVES WHEN IMPLEMENTING A REDUCTION IN FORCE AT THE SAVANNAH RIVER SITE.

Whereas, the members of the General Assembly of South Carolina have learned with deep concern that the Department of Energy has notified employees at the Savannah River Site that it is considering implementing a reduction in force; and

Whereas, the employees at the Savannah River Site are outstanding. Their dedication to and hard work for safety and support of this country's defense has been exemplary, and they continue to demonstrate a dedication to the mission at hand; and

Whereas, the Department of Energy and its contractors should put a program in place which will minimize or eliminate any involuntary separation of employees. Any reduction in force should be accomplished through early retirement incentives and voluntary separation incentives; and

Whereas, the State of South Carolina during its recent period of revenue shortfalls and reduced budgets, in order to lessen the effects on its loyal employees, instituted both an early retirement incentive program where the State would buy extra retirement time that would enable employees to retire early, and a voluntary separation program which would pay a separation allowance for these employees who were separated from service but were not eligible to retire; and

Whereas, these early retirement and voluntary separation incentive programs substantially lessened the financial impact on the local communities concerned where the number of state employees working in that area was reduced; and

Whereas, the members of the General Assembly believe that the Bush Administration and the Department of Energy should also use similar programs to mitigate any involuntary separation of employees at the Savannah River Site. Now, therefore,

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

That the members of the General Assembly of South Carolina memorialize President George W. Bush and the Department of Energy to utilize early retirement incentives and voluntary separation incentives when implementing a reduction in force at the Savannah River Site.

Be it further resolved that a copy of this resolution be forwarded to President George W. Bush, the Department of Energy, and each member of the South Carolina Congressional Delegation.

The Concurrent Resolution was adopted and sent to the Senate.

S. 924--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 924 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PASS LIFETIME AND RETIREMENT SAVINGS ACCOUNTS.

Whereas, personal savings of working Americans continue to decline and are now at dangerously low levels; and

Whereas, personal savings of working Americans is not enough to pay for current catastrophic expenses or supplement the modest benefits derived from Social Security; and

Whereas, savings provides the financing of new capital investment and job creation, which in turn, increases the standard of living for all Americans; and

Whereas, double taxation of savings and complexity of current savings incentives are so complex, many working Americans are not participating; and

Whereas, enactment of Lifetime Savings Accounts will allow Americans to contribute up to $7,500 a year and make penalty-free withdrawals at any time for any purpose; and

Whereas, enactment of Retirement Savings Accounts will allow Americans to contribute up to $7,500 a year and make penalty-free withdrawals after age 58; and

Whereas, enactment of Lifetime and Retirement Savings Accounts will eliminate the double taxation of savings and simplify existing savings programs to increase participation; and

Whereas, eliminating the double taxation of savings and simplifying current incentives will boost savings for all Americans and enhance the economic security of working families. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly request that our elected representatives and senators in the United States Congress support and vote to enact Lifetime and Retirement Savings Accounts.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Congressional Delegation.

Rep. LEACH explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

S. 926--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 926 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT OUR ELECTED REPRESENTATIVES AND SENATORS IN THE UNITED STATES CONGRESS SUPPORT, WORK TO PASS, AND VOTE FOR THE IMMEDIATE AND PERMANENT REPEAL OF THE DEATH TAX.

Whereas, under tax relief legislation passed in 2001, the death tax was temporarily phased out but not permanently eliminated; and

Whereas, farmers and other small business owners will face losing their farms and businesses if the federal government resumes the heavy taxation of citizens at death; and

Whereas, this is a tax that is particularly damaging to families who are working their way up the ladder and trying to accumulate wealth for the first time; and

Whereas, employees suffer layoffs when small and medium businesses are liquidated to pay death taxes; and

Whereas, if the death tax had been repealed in 1996, the United States economy would have realized billions of dollars each year in extra output, and an average of one hundred forty-five thousand additional new jobs would have been created; and

Whereas, having repeatedly passed in the United States House of Representatives and Senate, repeal of the death tax holds wide bipartisan support. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, request that our elected Representatives and Senators in the United States Congress support, work to pass, and vote for the immediate and permanent repeal of the death tax.

Be it further resolved that a copy of this resolution be forwarded to the State of South Carolina's Congressional Delegation.

The Concurrent Resolution was adopted and sent to the Senate.

S. 1226--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1226 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 6 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 IN CALHOUN COUNTY THROUGH THE TOWN OF ELLOREE, SOUTH CAROLINA, IN ORANGEBURG COUNTY THE "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" AND TO ERECT APPROPRIATE SIGNS WHICH CONTAIN THE WORDS "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" ALONG THIS PORTION OF HIGHWAY.

Whereas, William Burden Bookhart, Jr. was born and raised in the Town of Elloree, South Carolina; and

Whereas, he graduated from Elloree High School and Clemson College; and

Whereas, he served his State and nation with distinction for six years as a member of the South Carolina National Guard's 278th Military Intelligence Unit, Aiken, South Carolina; and

Whereas, he has been involved in many civic organizations which include the Elloree Lions Club, the Elloree Jaycees, and the Knights of Pythias; and

Whereas, he has served on the Selection Service Board, SCANA Board of Directors since 1979, and IPTAY representative at Clemson University; and

Whereas, he served on the Elloree Town Council from 1977-1979 as Mayor Pro Tempore and served as Mayor of Elloree from 1979-1988; and

Whereas, during his tenure as Mayor of Elloree, the town received former Governor Richard Riley's Great Town Designation, secured a million dollar UDAG grant for a new water tank, and successfully recruited Food Lion's third distribution center; and

Whereas, he was elected to the South Carolina Highway Commission representing the First Judicial Circuit from 1988-1992, served as Vice Chairman from 1990-1991, and as Chairman from 1991-1992; and

Whereas, he currently serves as Mayor of Elloree having been elected in 2002; and

Whereas, he is married to the former Eleanor Fay Williams, and the father of two sons, William Burden Bookhart III and James Hunt Bookhart; and

Whereas, the members of the General Assembly believe that it is fitting and proper to recognize this distinguished gentleman by naming a portion of South Carolina Highway 6 in his honor. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation name the portion of South Carolina Highway 6 from its intersection with South Carolina 33 in Calhoun County continuing through the Town of Elloree in Orangeburg County the "William Burden Bookhart, Jr. Highway" and to erect appropriate signs which contain the words "William Burden Bookhart, Jr. Highway" along this portion of highway.

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.

H. 5221--AMENDED, ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5221 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH OLD FURNACE ROAD TO ITS INTERSECTION WITH CLARK/BIBLE CHURCH ROAD "NOLEN RYAN HUTCHINGS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "NOLEN RYAN HUTCHINGS MEMORIAL HIGHWAY".

The Invitations and Memorial Resolutions Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7323MM04), which was adopted:
Amend the resolution, as and if amended, on page 2, line 12, by deleting / Highway 9 / and inserting / Parris Bridge Road /
Amend the resolution further, on page 2, line 13, by deleting / Clark\Bible Church Road / and inserting / S. C. Highway 11 /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.
The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

S. 1048 (Word version) -- Senator Jackson: A BILL TO REQUIRE EACH PUBLIC HIGH SCHOOL TO INCLUDE ON THE REPORT CARD A CUMULATIVE GRADE POINT AVERAGE CALCULATED ACCORDING TO THE UNIFORM GRADING SCALE FOR ALL SCHOOLS ATTENDED.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

S. 90 (Word version) -- Senators Hayes, Ravenel, Reese and Rankin: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS A MEDIATOR OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

S. 759 (Word version) -- Senators Hayes and Reese: A BILL TO AMEND CHAPTER 102 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2004", AND TO PROVIDE FOR: DEFINITIONS, APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, REQUIRED PROVISIONS OF AN AGENCY CONTRACT INCLUDING A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, CANCELLATION OF AN AGENCY CONTRACT, RETENTION OF CERTAIN RECORDS FOR FIVE YEARS BY AN ATHLETE AGENT AND INSPECTION OF THOSE RECORDS, PROHIBITION OF CERTAIN REPRESENTATIONS BY AN ATHLETE AGENT OR THE FURNISHING OF ANYTHING OF VALUE TO A STUDENT ATHLETE WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, A RIGHT OF ACTION BY AN EDUCATIONAL INSTITUTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

S. 1195 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

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

H. 5232 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE FOUR HOLE SWAMP ALONG UNITED STATES HIGHWAY 78 IN DORCHESTER COUNTY "THE MINUS BRIDGE", AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE MINUS BRIDGE".
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 5246 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE SEVEN MEMBERS OF THE BOARD MUST BE APPOINTED BY THE DORCHESTER COUNTY COUNCIL AND PROVIDE THAT A MEMBER OF A SCHOOL BOARD OF TRUSTEES MAY NOT SERVE ON THE VOCATIONAL EDUCATION BOARD.
On motion of Rep. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5254 (Word version) -- Reps. Davenport, Littlejohn and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN HANDICAPPED STUDENTS MAY RECEIVE LOTTERY TUITION ASSISTANCE TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

The following was introduced:

H. 5247 (Word version) -- Reps. E. H. Pitts, Coleman, Harvin, Huggins and Koon: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA ON THE DEATH OF GLEN TAYLOR SANDERS OF LEXINGTON AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5248 (Word version) -- Reps. E. H. Pitts, Koon and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE THE LEXINGTON HIGH SCHOOL "WILDCATS" BOYS TENNIS TEAM AND THE TEAM'S COACH, ROBBIE HUNTER, ON THEIR OUTSTANDING UNDEFEATED SEASON AND CONGRATULATE THEM ON WINNING THE 2004 CLASS AAAA BOYS TENNIS CHAMPIONSHIP TITLE ON SATURDAY, MAY 8, 2004.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5249 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF ORANGEBURG COUNTY AND THE STAFF AND RESIDENTS OF THE METHODIST OAKS IN EXPRESSING THEIR SORROW AT THE DEATH OF MARY ELIZABETH PHELPS THOMAS AND THEIR OUTRAGE AT THE CONTINUED TOLL DOMESTIC VIOLENCE TAKES ON THE PEOPLE OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

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

H. 5250 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".

Whereas, it is the soldier not the reporter who has given us freedom of the press, it is the soldier not the poet who gives us freedom of speech, it is the soldier not the campus organizer who gives us the freedom to demonstrate, it is the soldier who salutes the flag, who serves beneath the flag, and whose coffin is draped by the flag who allows the protestors to burn the flag; and

Whereas, on December 7, 1941, the largest war of all time and the most defining event of the Twentieth Century began; and

Whereas, Americans, devoted to liberty and to this country courageously answered the nation's call to arms summarized by President Franklin D. Roosevelt by the words, "You bear with you the hope, the confidence, the gratitude and the prayers of your family, your fellow citizens and your President"; and

Whereas, we still believe today that the blessings of liberty require constant vigilance and sacrifice; and

Whereas, every man, woman, and child in this great nation owes a debt of gratitude to those who served their country so selflessly in an event that reshaped the world; and

Whereas, these brave soldiers, sailors, Marines, Coast Guardsmen and airmen, were the beloved sons and daughters of our land; and

Whereas, more than 400,000 Americans made the supreme sacrifice, laying down their lives so others could live free; and

Whereas, on May 29, 2004, the National World War II Memorial is dedicated in our nation's capital; and

Whereas, the members of the General Assembly declare the same day as "World War II Veterans Recognition Day" in the State of South Carolina; and

Whereas, all citizens are asked to celebrate the contributions and sacrifices of these men and women who placed their lives in harm's way protecting American values and preserving democracy for the world; and

Whereas, the observances of "World War II Veterans Recognition Day" appropriately commemorate the historical events and express gratitude to those who gave so much for their fellow citizens. Now, therefore,

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

That the members of the General Assembly recognize and honor all World War II veterans who served the United States of America and declare May 29, 2004, "World War II Veterans Recognition Day".

Be it further resolved that a copy of this resolution be forwarded to the American Legion Post 21, Summerville, South Carolina.

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

CONCURRENT RESOLUTION

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

H. 5251 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".

Whereas, on December 7, 1941, the largest war of all time and the most defining event of the Twentieth Century began; and

Whereas, we still believe today that the blessings of liberty require constant vigilance and sacrifice; and

Whereas, every man, woman, and child in this great nation owes a debt of gratitude to those who served their country so selflessly in an event that reshaped the world; and

Whereas, these brave soldiers, sailors, Marines, Coast Guardsmen and airmen, were the beloved sons and daughters of our land; and
Whereas, more than 400,000 Americans made the supreme sacrifice, laying down their lives so others could live free; and

Whereas, on May 29, 2004, the National World War II Memorial is dedicated in our nation's capital; and

Whereas, the members of the General Assembly declare the same day as "World War II Veterans Recognition Day" in the State of South Carolina; and

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

That the members of the General Assembly recognize and honor all World War II veterans who served the United States of America and declare May 29, 2004, "World War II Veterans Recognition Day".

Be it further resolved that a copy of this resolution be forwarded to the American Legion Post 128, Harleyville, South Carolina.

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

CONCURRENT RESOLUTION

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

H. 5252 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".