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


Printed Page 3540 . . . . . Wednesday, May 12, 2004

Wednesday, May 12, 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 Proverbs 8:1: "Does not wisdom call, and does not understanding raise her voice?"
Let us pray. Almighty God, bless these men and women as they begin another day working for the people of this State. Guide them to speak because there is something to say. Bless each in Your own special way, that what is done will be to Your honor and glory. For our political and military leaders we pray for wisdom, integrity, and courage. For our defenders of freedom in harms way, give them Your protection and 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.

MOTION ADOPTED

Rep. EMORY moved that when the House adjourns, it adjourn in memory of Nancy Louise Crockett, which was agreed to.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2878
Agency: Board of Education
Statutory Authority: 1976 Code Section 59-29-170
Gifted and Talented
Received by Speaker of the House of Representatives
January 21, 2004
Referred to Education and Public Works Committee
Legislative Review Expiration May 20, 2004
Withdrawn and Resubmitted April 12, 2004


Printed Page 3541 . . . . . Wednesday, May 12, 2004

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 11, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senator Waldrep in lieu of Senator Knotts of the Committee of Conference on the part of the Senate on H. 3889:

H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter, Umphlett, Snow, Frye and Koon: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE 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 THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.

Very respectfully,
President
Received as information.

R. 313, H. 4793--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

May 11, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211


Printed Page 3542 . . . . . Wednesday, May 12, 2004

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4793 (Word version), R.313, 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.

This veto is based on the intention upon which Act 89 of 2003 was signed by me on July 23, 2003. When I signed this legislation last year, it was my aim to give school districts a series of options to make up missed school days. My opposition to legislation like H. 4793, R.313 is that it is unnecessary given the enactment of Act 89.

Section 1 of Act 89 (Section 59-1-430(A) of the South Carolina Code of Laws) states that, "[a]ll school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of . . . [snow, extreme weather conditions, or other disruptions requiring schools to close]." Students in the Williamsburg County School District missed a total of two school days this year due to inclement weather conditions. Rather than requiring the students to make up these days, the school district has requested the General Assembly to waive the requirement to make up these missed days.

As a policy, we should require school districts to exhaust their make-up days prior to seeking a waiver from the General Assembly under Section 59-1-430(B), except in extremely unusual circumstances. Currently, most school districts have either proceeded with using their scheduled make-up days or intend to do so. I believe Act 89 should be applied uniformly to all school districts such that school districts should not obtain legislative relief before using its make-up days which must be scheduled under Section 59-1-430(A). This policy was applied when I recently signed H. 4937, R.226, a Bill authorizing the Greenville County School Board of Trustees to forgive two additional


Printed Page 3543 . . . . . Wednesday, May 12, 2004

days beyond the three scheduled make-up days already exhausted by Greenville County students. That legislation is the model in both process and policy that this administration envisioned when I signed Act 89 in 2003.

For this reason, I am returning H. 4793, R.313 to you without my signature.

Sincerely,
Mark Sanford
Governor

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

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


Printed Page 3544 . . . . . Wednesday, May 12, 2004

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.
Ordered for consideration tomorrow.


Printed Page 3545 . . . . . Wednesday, May 12, 2004

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

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.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

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.
Ordered for consideration tomorrow.


Printed Page 3546 . . . . . Wednesday, May 12, 2004

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

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.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

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.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

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


Printed Page 3547 . . . . . Wednesday, May 12, 2004

TWO TECHNICIANS, THEY ARE NOT REQUIRED TO BE CERTIFIED.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

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.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

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.
Ordered for consideration tomorrow.


Printed Page 3548 . . . . . Wednesday, May 12, 2004

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

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.
Ordered for consideration tomorrow.

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

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.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 5230 (Word version) -- Rep. Talley: 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 GIRLS BASKETBALL 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:


Printed Page 3549 . . . . . Wednesday, May 12, 2004

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 Girls Basketball 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.

CONCURRENT RESOLUTION

The following was introduced:

H. 5231 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE DORMAN HIGH SCHOOL GIRLS BASKETBALL TEAM OF SPARTANBURG FOR WINNING THE 2004 CLASS AAAA CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

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

CONCURRENT RESOLUTION

The following was introduced:

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


Printed Page 3550 . . . . . Wednesday, May 12, 2004

CONCURRENT RESOLUTION

The following was introduced:

H. 5233 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO JACK MAYBANK, SR. AND MAYBANK SHIPPING COMPANY FOR DISTINGUISHED SERVICE TO THE STATE OF SOUTH CAROLINA, OUR CITIZENS AND THEIR ECONOMIC WELL-BEING.

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

HOUSE RESOLUTION

The following was introduced:

H. 5234 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO CONGRATULATE INVESTIGATOR JAMES EDWARD ALLEN, JR. UPON BEING NAMED MYRTLE BEACH POLICE OFFICER OF THE YEAR FOR 2004 AND TO COMMEND HIM FOR BEING AN OUTSTANDING LAW ENFORCEMENT OFFICER AND AN ASSET TO HIS COMMUNITY AND STATE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1229 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MAY 16 THROUGH MAY 22, 2004, AS "TRANSPORTATION WEEK" IN SOUTH CAROLINA AND TO RECOGNIZE THE CRITICAL ROLE TRANSPORTATION PLAYS IN OUR DAILY LIVES.

Whereas, the economic well-being of this State and of our nation is dependent upon a sound transportation system; and

Whereas, safe, reliable, and high-quality transportation systems enhance the quality of life of the citizens of South Carolina and the nation by increasing mobility and convenience; and


Printed Page 3551 . . . . . Wednesday, May 12, 2004

Whereas, South Carolina's transportation network takes us where we need to go while keeping our economy moving, and our transportation industry is committed to meeting the needs of every farm, home, and business in the Palmetto State by working together to ensure sound, safe, and accessible transportation systems; and

Whereas, the transportation industry contributes to the military security of our nation through its ability to rapidly transport soldiers and supplies during periods of conflict; and

Whereas, "Transportation Week" calls attention to the importance of transportation to our quality of life, while encouraging our young people to consider transportation-related careers; and

Whereas, the 2004 observance of "Transportation Week" provides a unique opportunity for the transportation community to join together to educate the general public as users of the system, while creating greater awareness of the importance of transportation; and

Whereas, the South Carolina Transportation Policy and Research Council for the past twenty-three years has been an advocate for a sound transportation policy in the Palmetto State. 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, designate the week of May 16 through 22, 2004, as "Transportation Week" in South Carolina and recognize the important role transportation plays in our daily lives.

Be it further resolved that a copy of this resolution be forwarded to Ms. Norma Hamer, Executive Director, South Carolina Transportation Policy and Research Council, Post Office Box 50142, Columbia, South Carolina 29250.

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


Printed Page 3552 . . . . . Wednesday, May 12, 2004

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                Clemmons
Clyburn                Coates                 Cobb-Hunter
Cooper                 Cotty                  Delleney
Duncan                 Emory                  Freeman
Frye                   Gilham                 Gourdine
Hamilton               Harrell                Harrison
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Jennings               Keegan                 Kennedy
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Ott                    Owens
Pinson                 E. H. Pitts            M. A. Pitts
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
W. D. Smith            Snow                   Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young


Printed Page 3553 . . . . . Wednesday, May 12, 2004

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 12.

Kenneth G. Clark                  Thomas Dantzler
Chip Huggins                      Benjamin A. Hagood
Jerry Govan                       Olin Phillips
Harry Stille                      Todd Rutherford
Jackie Hayes                      Anne Parks
Denny Neilson                     Fletcher Smith
Tracy Edge                        Joseph Neal
Richard Quinn                     Gloria Haskins
Ralph Davenport
Becky Martin   Alex Harvin

Total Present--121

CO-SPONSOR ADDED

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."

CO-SPONSOR ADDED

Bill Number:   H. 4979 (Word version)
Date:   ADD:
05/12/04   CLARK


Printed Page 3554 . . . . . Wednesday, May 12, 2004

SENT TO THE SENATE

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

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 ENROLLED FOR RATIFICATION

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

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.

S. 1185 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ADVISORY COMMITTEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2874, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5119--REQUESTS FOR DEBATE

The following Bill was taken up:

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


Printed Page 3555 . . . . . Wednesday, May 12, 2004

HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES.

Rep. CHELLIS explained the Bill.

Reps. SCOTT, KENNEDY, HOWARD, LLOYD, BREELAND, R. BROWN, MOODY-LAWRENCE, J. HINES, FREEMAN, SKELTON, CHELLIS, CATO, J. R. SMITH, G. R. SMITH, GOVAN, TRIPP, SANDIFER, J. E. SMITH and GOURDINE requested debate on the Bill.

H. 5210--DEBATE ADJOURNED

Rep. BALES moved to adjourn debate upon the following Bill, 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


Printed Page 3556 . . . . . Wednesday, May 12, 2004

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.

H. 3442--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3442 (Word version) -- Reps. Sandifer, Cotty, Altman, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Ceips, Chellis, Clark, Clemmons, Coates, Dantzler, Duncan, Edge, Hayes, Herbkersman, Hinson, Jennings, Kirsh, Leach, Lucas, Mahaffey, McCraw, McGee, Merrill, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, J. R. Smith, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon, Young and Rutherford: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION, PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THESE PROVISIONS.

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.


Printed Page 3557 . . . . . Wednesday, May 12, 2004

H. 5215--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

H. 5215 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GADDY'S MILL ROAD IN THE CITY OF DILLON FROM ITS INTERSECTION WITH KENTYRE ROAD TO ITS INTERSECTION WITH PLEASANT HILL ROAD THE "LIDE T. MOODY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "LIDE T. MOODY HIGHWAY".

Rep. LEACH moved to adjourn debate on the Resolution, which was agreed to.

H. 5205--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5205 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF SOUTH CAROLINA HIGHWAY 6 FROM THE POINT WHERE IT MERGES WITH SOUTH CAROLINA HIGHWAY 45 IN THE TOWN OF EUTAWVILLE TO THE BERKELEY COUNTY LINE AS THE "DANNY BELL MEMORIAL HIGHWAY".

Whereas, the members of the General Assembly of South Carolina consider it an honor and a privilege to request that this stretch of highway be deemed the "Danny Bell Memorial Highway"; and

Whereas, the residents along this stretch of highway have expressed their positive approval of the installation of this sign and wish to memorialize their beloved friend and neighbor, Danny Bell with this honor; and

Whereas, born November 11, 1927, in Branchville, South Carolina, Mr. Bell was educated in the Public Schools of Charleston and went on to the Radio-TV Technical School in Kansas City, Missouri; and

Whereas, after spending four years in Alaska in the early 1950s in the law enforcement capacity for the city of Anchorage and working as


Printed Page 3558 . . . . . Wednesday, May 12, 2004

a radio technician for bush pilots, Mr. Bell married Maureen Alexander in Anchorage in 1956; and

Whereas, upon returning to South Carolina, the Bells bought the former Winterpark Marina and Campground in Eutawville in 1963 and operated it until 1991; and

Whereas, one of the founders of the Swamp Fox Boat Club in 1964, Mr. Bell began one of the first water rescue programs on the Santee Cooper lakes, and he was a regular exhibitor in outdoor and sportsmen's shows all across the country; and

Whereas, the Bells entertained sportswriters from all over the eastern United States from the 1960's through the 1980's, helping to generate literally hundreds of stories about Santee Cooper country; and

Whereas, Danny Bell will live on in the memories of his friends, and this highway will be a fitting reminder of his many contributions to the Santee Cooper area. Now, therefore,

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

That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation to name the section of South Carolina Highway 6 from the point where it merges with South Carolina Highway 45 in the town of Eutawville to the Berkeley County line as the "Danny Bell Memorial Highway".

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

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HARRELL.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day to attend a funeral.


Printed Page 3559 . . . . . Wednesday, May 12, 2004

H. 4557--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill:

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. ANTHONY spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. ANTHONY continued speaking.
Rep. J. E. SMITH spoke against the Bill.

SPEAKER IN CHAIR

Rep. J. E. SMITH continued speaking.

Rep. SANDIFER moved cloture on the entire matter.

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

Yeas 69; Nays 47

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Herbkersman
Hinson                 Huggins                Keegan
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McGee
Merrill                Owens                  Phillips
E. H. Pitts            M. A. Pitts            Quinn

Printed Page 3560 . . . . . Wednesday, May 12, 2004

Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--69

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Battle                 Bowers
Branham                Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Cotty                  Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Kirsh                  Lee                    Lloyd
Lourie                 Mack                   McCraw
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Pinson
Rivers                 Rutherford             Scott
F. N. Smith            J. E. Smith            Tripp
Weeks                  Whipper

Total--47

So, cloture was ordered.

Rep. LOURIE spoke against the Bill.
Rep. J. H. NEAL spoke against the Bill.
Rep. CLYBURN spoke against the Bill.

ACTING SPEAKER CATO IN CHAIR


Printed Page 3561 . . . . . Wednesday, May 12, 2004

Rep. CLYBURN continued speaking.
Rep. MACK spoke against the Bill.

SPEAKER IN CHAIR

Rep. MOODY-LAWRENCE spoke against the Bill.
Rep. WHIPPER spoke against the Bill.
Rep. HOSEY spoke against the Bill.
Rep. GOVAN spoke against the Bill.
Rep. TOWNSEND spoke in favor of the Bill.

Rep. MOODY-LAWRENCE moved to continue the Bill.

Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:

Yeas 46; Nays 66

Those who voted in the affirmative are:

Anthony                Bales                  Battle
Bowers                 Branham                Breeland
G. Brown               R. Brown               Clyburn
Coates                 Cobb-Hunter            Cotty
Freeman                Gourdine               Govan
Harvin                 Hayes                  J. Hines
M. Hines               Hosey                  Howard
Kennedy                Kirsh                  Lee
Lloyd                  Lourie                 Lucas
Mack                   McCraw                 McGee
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rivers
Rutherford             Scott                  F. N. Smith
G. M. Smith            J. E. Smith            Weeks
Whipper

Total--46

Those who voted in the negative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Cooper

Printed Page 3562 . . . . . Wednesday, May 12, 2004

Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Koon                   Leach
Limehouse              Littlejohn             Loftis
Mahaffey               Martin                 Owens
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Wilkins                Witherspoon            Young

Total--66

So, the House refused to continue the Bill.

Rep. HOWARD moved to table the Bill.

Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:

Yeas 48; Nays 62

Those who voted in the affirmative are:

Anthony                Bales                  Battle
Bowers                 Branham                Breeland
G. Brown               R. Brown               Clyburn
Coates                 Cobb-Hunter            Cotty
Duncan                 Freeman                Gourdine
Govan                  Harvin                 Hayes
J. Hines               M. Hines               Hosey
Howard                 Kennedy                Kirsh
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McCraw

Printed Page 3563 . . . . . Wednesday, May 12, 2004

McGee                  McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Pinson                 Rivers                 Rutherford
Scott                  G. M. Smith            J. E. Smith
Taylor                 Weeks                  Whipper

Total--48

Those who voted in the negative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Cooper
Dantzler               Davenport              Edge
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Koon
Leach                  Limehouse              Littlejohn
Loftis                 Mahaffey               Martin
Owens                  E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Wilkins
Witherspoon            Young

Total--62

So, the House refused to table the Bill.

Rep. SCOTT moved to recommit the Bill to the Committee on Education and Public Works.

Rep. TOWNSEND moved to table the motion.


Printed Page 3564 . . . . . Wednesday, May 12, 2004

Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:

Yeas 62; Nays 48

Those who voted in the affirmative are:

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

Total--62

Those who voted in the negative are:

Anthony                Bales                  Battle
Bowers                 Branham                Breeland
G. Brown               R. Brown               Clyburn
Coates                 Cobb-Hunter            Cotty
Duncan                 Freeman                Gourdine
Govan                  Harvin                 Hayes
J. Hines               M. Hines               Hosey
Howard                 Kennedy                Kirsh
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McCraw
McGee                  McLeod                 Miller

Printed Page 3565 . . . . . Wednesday, May 12, 2004

Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Pinson                 Rivers                 Rutherford
Scott                  G. M. Smith            J. E. Smith
Taylor                 Weeks                  Whipper

Total--48

So, the motion to recommit the Bill was tabled.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 60; Nays 53

Those who voted in the affirmative are:

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

Total--60

Those who voted in the negative are:

Anthony                Bailey                 Bales
Battle                 Bowers                 Branham

Printed Page 3566 . . . . . Wednesday, May 12, 2004

Breeland               G. Brown               R. Brown
Clark                  Clyburn                Coates
Cobb-Hunter            Cotty                  Duncan
Freeman                Frye                   Gourdine
Govan                  Harvin                 Hayes
J. Hines               M. Hines               Hosey
Howard                 Kennedy                Kirsh
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McCraw
McGee                  McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Pinson                 Rivers                 Rutherford
Scott                  G. M. Smith            J. E. Smith
Snow                   Taylor                 Weeks
Whipper                Whitmire

Total--53

So, the Bill was read the second time and ordered to third reading.

STATEMENT FOR THE JOURNAL

I voted in support of H. 4557, because I believe that it removes the financial mandates that bind the local school districts whereby they pass along tax increases that maybe caused by such mandates.

This gives more flexibility for the school boards in revenue matters and in where they allocate local dollars for the greatest benefit for our children.

Rep. Dwight Loftis

STATEMENT FOR THE JOURNAL

Today the House passed a terrible Bill, H. 4557, to do away with the required "Minimum Local Effort" for public school funding. This reflects a sad lack of commitment to providing quality public schools for our children and is exactly why a majority of South Carolinians do not support tax reform that would leave all school funding up to the State Legislature. By our own actions over the past three years in underfunding public education and in supporting bad ideas like this Bill, we have proven that regardless of our talk, public education is not our priority.

Rep. Bill Cotty


Printed Page 3567 . . . . . Wednesday, May 12, 2004

H. 5027--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 26, which was adopted:

H. 5027 (Word version) -- Reps. Harrell, W. D. Smith, Merrill, Clemmons, Cooper, Altman, Barfield, Cato, Ceips, Chellis, Edge, Gilham, Hayes, Herbkersman, Keegan, Limehouse, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "UNIFORM AND FAIR GOLF COURSE VALUATION ACT OF 2004" BY ADDING SECTION 12-43-365 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY IS DETERMINED FOR AD VALOREM TAX PURPOSES AND THE PROCEDURES WHICH APPLY WITH RESPECT TO THIS DETERMINATION.

RECURRENCE TO THE MORNING HOUR

Rep. LOURIE moved that the House recur to the Morning Hour, which was agreed to.

REPORTS OF STANDING COMMITTEE

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

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.
Ordered for consideration tomorrow.


Printed Page 3568 . . . . . Wednesday, May 12, 2004

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

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.
Ordered for consideration tomorrow.

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

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.
Ordered for consideration tomorrow.


Printed Page 3569 . . . . . Wednesday, May 12, 2004

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

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.
Ordered for consideration tomorrow.

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

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.
Ordered for consideration tomorrow.

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

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".
Ordered for consideration tomorrow.


Printed Page 3570 . . . . . Wednesday, May 12, 2004

HOUSE RESOLUTION

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

H. 5235 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON TUESDAY, MAY 18, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO JEREMY LONGSHORE, BROCK BRIGMAN, AND GARRETT BLAKELY OF SPARTANBURG COUNTY'S BROOME HIGH SCHOOL TO RECOGNIZE THEM FOR THEIR 2004 CLASS AAA STATE CHAMPIONSHIP EFFORTS IN THE POLE VAULT, HIGH JUMP, AND 400 METERS, RESPECTIVELY, AND TO ACKNOWLEDGE THEIR LEADERSHIP IN GUIDING THE CENTURIONS TO ONE OVERALL STATE CROWN AND THREE RUNNER-UP TITLES IN THEIR FOUR YEARS ON THE TEAM.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended on Tuesday, May 18, 2004, to Jeremy Longshore, Brock Brigman, and Garrett Blakely of Spartanburg County's Broome High School to recognize them for the 2004 Class AAA State Championship efforts in the pole vault, high jump, and 400 meters, respectively, and to acknowledge their leadership in guiding the Centurions to one overall state crown and three runner-up titles in their four years on the team.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5236 (Word version) -- Rep. E. H. Pitts: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE LEXINGTON HIGH SCHOOL SCHOLASTIC APTITUDE TEST (SAT) TEAM AND THEIR COACHES, ANGIE FREEMAN AND MADONNA MOORE, ON BEING NAMED CO-CHAMPIONS WITH THE SPRING VALLEY HIGH SCHOOL SAT TEAM IN THE 2004 SAT STATE TOURNAMENT AND TO COMMEND THEM FOR THEIR HARD


Printed Page 3571 . . . . . Wednesday, May 12, 2004

WORK, COMPETITIVE SPIRIT, AND DEDICATION TO ACADEMIC EXCELLENCE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5237 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION RECOGNIZING JEREMY LONGSHORE OF BROOME HIGH SCHOOL IN SPARTANBURG COUNTY ON HIS RECORD-SETTING CHAMPIONSHIP POLE VAULT EFFORT OF 15' 6" IN THE SOUTH CAROLINA STATE AAA TRACK AND FIELD CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5238 (Word version) -- Reps. Haskins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, 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, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE THE REPUBLIC OF COLOMBIA'S INDEPENDENCE DAY ON JULY 20, 2004, AND TO COMMEMORATE THIS


Printed Page 3572 . . . . . Wednesday, May 12, 2004

SPECIAL OCCASION WHEN REGIONAL AND CULTURAL CELEBRATIONS ARE HELD, THE FLAG AND NATIONAL ANTHEM ARE HONORED, AND THOSE WHO SHED THEIR BLOOD IN BATTLE SO THAT THE PEOPLE OF COLOMBIA COULD ATTAIN INDEPENDENCE ARE REMEMBERED.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5239 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO PROCLAIM JUNE 3, 2004, AS HUNGER AWARENESS DAY IN SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO LEARN MORE ABOUT THE IMPACT OF HUNGER AND MALNUTRITION ON THE HEALTH OF OUR CITIZENS AND THE PROGRESS OF OUR STATE, AND TO WORK TOGETHER FOR A HUNGER-FREE SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

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

H. 5240 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION CONGRATULATING HIGH JUMPER BROCK BRIGMAN OF BROOME HIGH SCHOOL IN SPARTANBURG COUNTY ON HIS RECORD-MATCHING JUMP OF SIX FEET SIX INCHES TO TAKE THE SOUTH CAROLINA AAA HIGH JUMP TITLE FOR 2004.

Whereas, Brock Brigman of Spartanburg County began doing the high jump for the Broome High School track team during his eighth grade; and

Whereas, he developed his ability over the years to take both the Region III AAA championship and the Spartanburg County championship the past two years; and


Printed Page 3573 . . . . . Wednesday, May 12, 2004

Whereas, his best effort of six feet eight inches is a Spartanburg County record and a new Broome High School top mark; and

Whereas, he matched the Class AAA state record with a jump of six feet six inches to cap his track career with a state title. Now, therefore,

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

That the members of the General Assembly congratulate high jumper Brock Brigman of Broome High School in Spartanburg County on his record-matching jump of six feet six inches to take the South Carolina AAA High Jump Title for 2004.

Be it further resolved that a copy of this resolution be presented to Brock Brigman.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5241 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION APPLAUDING BROOME HIGH SCHOOL'S GARRETT BLAKELY OF SPARTANBURG COUNTY ON HIS SOUTH CAROLINA CLASS AAA GOLD MEDAL WIN IN THE 400 METERS.

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

INTRODUCTION OF BILLS

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

H. 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


Printed Page 3574 . . . . . Wednesday, May 12, 2004

PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
On motion of Rep. CHELLIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

H. 5210--DEBATE ADJOURNED

Rep. QUINN moved to adjourn debate upon the following Bill until Thursday, May 13, 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


Printed Page 3575 . . . . . Wednesday, May 12, 2004

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.

H. 5215--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5215 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GADDY'S MILL ROAD IN THE CITY OF DILLON FROM ITS INTERSECTION WITH KENTYRE ROAD TO ITS INTERSECTION WITH PLEASANT HILL ROAD THE "LIDE T. MOODY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "LIDE T. MOODY HIGHWAY".

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, request that the Department of Transportation name the portion of Gaddy's Mill road from its intersection with Kentyre Road to its intersection with Pleasant Hill Road the "Lide T. Moody Highway" and erect appropriate markers or signs along this portion of highway containing the words "Lide T. Moody 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.


Printed Page 3576 . . . . . Wednesday, May 12, 2004

Rep. HAYES moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 1:05 p.m. the House, in accordance with the motion of Rep. EMORY, adjourned in memory of Nancy Louise Crockett, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Wednesday, June 24, 2009 at 3:25 P.M.