Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 25:5: "You are God my Savior, and my hope is in You all day long."
Let us pray. Lord, help us to remember to call upon Your Name for help, strength, and joy. Bless each of these Representatives and staff members during this week of assembly. Put into each the desire to do the very best for the people of this State. Look in favor upon our Nation, our President, our State and her leaders. Keep safe our defenders of freedom. In Your Holy 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 Friday, the SPEAKER ordered it confirmed.

Rep. J. BROWN moved that when the House adjourns, it adjourn in memory of Deacon Ulysses R. Barber of Hopkins, which was agreed to.

The following was received:

February 15, 2005
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
LOCAL APPOINTMENT
Charleston County Master-in-Equity
Term Commencing: December 24, 2004
Term Expiring: December 24, 2010
Seat: At-Large

Reappointment:
The Honorable Mikell R. Scarborough
100 Broad Street, Suite 266
Charleston, South Carolina 29401
843-406-1331

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The following was received:

February 17, 2005
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

LOCAL APPOINTMENT
Calhoun County Master-in-Equity
Term Commencing: August 14, 2003
Term Expiring: August 13, 2009
Vice: Thomas P. Culclasure

Initial Appointment:
Martin R. Banks, Esquire
312 Tamwood Circle
Cayce, South Carolina 29033
803-874-2100

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The following was introduced:

H. 3596 (Word version) -- Reps. Toole, Ballentine, Bingham, Clark, Frye, Haley, Huggins, McLeod, Ott and E. H. Pitts: A HOUSE RESOLUTION TO COMMEND THE HONORABLE MARC H. WESTBROOK, CIRCUIT JUDGE OF THE ELEVENTH CIRCUIT, SEAT 2, FOR HIS TRULY DISTINGUISHED CAREER AS A MEMBER OF OUR STATE'S JUDICIARY AND TO CONGRATULATE AND EXTEND BEST WISHES TO JUDGE WESTBROOK AND LEXINGTON COUNTY ON THE OCCASION OF THE NAMING OF THE MAIN COURTROOM IN THE NEW LEXINGTON COUNTY JUDICIAL CENTER IN HIS HONOR.

The Resolution was adopted.

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

H. 3597 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 2, 2005.

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

That the Chief Justice of the South Carolina Supreme Court, the Honorable Jean Hoefer Toal, is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 noon on Wednesday, March 2, 2005.

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

The following was introduced:

H. 3598 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith, Stewart, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE GRANITEVILLE, VAUCLUSE, AND WARRENVILLE FIRE DEPARTMENT AND FIRE CHIEF PHIL NAPIER FOR THEIR HANDLING OF THE GRANITEVILLE TRAIN ACCIDENT AND TO HONOR THEIR HEROIC ACTIONS DURING THE ACCIDENT AND IN THE DAYS THAT FOLLOWED.

The Resolution was adopted.

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

H. 3599 (Word version) -- Reps. Stewart, Harrison, D. C. Smith and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2157 SO AS TO PROVIDE THAT A COMMERCIAL DRIVER'S LICENSE MUST BE SUSPENDED IF ITS HOLDER IS ARRESTED FOR OR FOUND GUILTY OF CERTAIN CRIMINAL ACTIVITY.
Referred to Committee on Judiciary

H. 3600 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 40-29-370, THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED ELECTRICAL INSPECTIONS OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT BEFORE AN ELECTRICAL UTILITY OR COOPERATIVE MAY PROVIDE ELECTRICITY TO A MANUFACTURED HOME, THE PROPERTY OWNER MUST PRESENT TO THE UTILITY OR COOPERATIVE A CERTIFICATE FROM THE COUNTY IN WHICH THE MANUFACTURED HOME IS LOCATED CERTIFYING THAT ALL AD VALOREM PROPERTY TAXES CURRENTLY DUE AND PAYABLE THEREON HAVE BEEN PAID IN FULL.
Referred to Committee on Labor, Commerce and Industry

S. 83 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, O'Dell, Elliott, Alexander, Gregory, Leatherman, Richardson and Bryant: A BILL TO ENACT THE "TORT REFORM ACT OF 2005 RELATING TO MEDICAL MALPRACTICE" BY AMENDING TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING ARTICLE 3, CHAPTER 32, SO AS TO ESTABLISH PROCEDURES GOVERNING THE AWARD OF NONECONOMIC DAMAGES; TO AMEND CHAPTER 35, TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-35-400, SO AS TO PROVIDE FOR OFFERS OF JUDGMENT AFTER COMMENCEMENT OF ANY CIVIL ACTION BASED ON CONTRACT OR SEEKING THE RECOVERY OF MONEY DAMAGES; TO AMEND CHAPTER 36, TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-36-100, SO AS TO ESTABLISH STANDARDS FOR EXPERT WITNESSES IN PROFESSIONAL MALPRACTICE ACTIONS; TO AMEND TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 79, SO AS TO PROVIDE FOR MANDATORY MEDIATION AND TO PERMIT BINDING ARBITRATION IN MEDICAL MALPRACTICE ACTIONS; TO AMEND ARTICLE 1, CHAPTER 79, TITLE 38, RELATING TO THE JOINT UNDERWRITING ASSOCIATION AND BOARD OF GOVERNORS FOR THE PATIENTS' COMPENSATION FUND, BY ADDING SECTION 38-79-40, SO AS TO PROHIBIT A PERSON SERVING IN THESE AGENCIES FROM BEING EMPLOYED OR COMPENSATED BY EITHER OF THESE AGENCIES; TO AMEND SECTION 38-79-460, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT THE FUND SHALL BE MANAGED BY THE BOARD OF GOVERNORS RATHER THAN THE STATE TREASURER; TO AMEND SECTION 38-79-470, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT MONEY SHALL BE WITHDRAWN FROM THE FUND UPON SIGNATURE OF THE CHAIRMAN OF THE BOARD OF GOVERNORS; AND TO AMEND SECTION 40-47-211, RELATING TO THE BOARD OF MEDICAL EXAMINERS, SO AS TO ALTER THE MEMBERSHIP OF THE BOARD BY PROVIDING FOR LAY MEMBERS.
Referred to Committee on Judiciary

S. 467 (Word version) -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT UPON EXECUTION OF AN APPROPRIATE CONTRACT THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH IS AUTHORIZED TO TRANSFER A CERTAIN SUM OF MONEY FROM AN ACCOUNT DESIGNATED FOR THE PURCHASE OR CONSTRUCTION OF A CHILD AND ADOLESCENT FACILITY AT THE CATAWBA COMMUNITY MENTAL HEALTH CENTER TO THE FRIENDS OF THE FAMILY CENTER, A NONPROFIT ORGANIZATION, FOR THE PURPOSE OF RAISING ADDITIONAL FUNDING TO PURCHASE A SUITABLE BUILDING TO SERVE AS A CHILD AND ADOLESCENT MENTAL HEALTH FACILITY TO BE NAMED THE CATAWBA FAMILY CENTER.
Referred to Committee on Ways and Means

S. 493 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CHAPTER REVISION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 494 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL FUEL GAS CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 495 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL RESIDENTIAL CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2918, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

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

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hiott
Hosey                  Howard                 Huggins
Jefferson              Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Toole
Townsend               Tripp                  Umphlett
Vaughn                 Viers                  Walker
Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, February 22.

Michael Thompson                  Karl Allen
Fletcher Smith
Jay Lucas
Ted Vick   Jackson "Seth" Whipper
Brenda Lee

The SPEAKER granted Rep. LLOYD a leave of absence for the week due to illness.

The SPEAKER granted Rep. HARVIN a leave of absence for the week due to illness.

Announcement was made that Dr. Beverly Simons of Columbia is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/22/05   E. H. PITTS

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/22/05   TOOLE

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/22/05   HALEY

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/22/05   BALLENTINE

Bill Number:   H. 3110 (Word version)
Date:   ADD:
02/22/05   STEWART

Bill Number:   H. 3320 (Word version)
Date:   ADD:
02/22/05   HAGOOD

Bill Number:   H. 3499 (Word version)
Date:   ADD:
02/22/05   BALLENTINE

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/22/05   SANDIFER

Bill Number:   H. 3591 (Word version)
Date:   ADD:
02/22/05   BALLENTINE

Bill Number:   H. 3296 (Word version)
Date:   REMOVE:
02/22/05   SANDIFER

Rep. MACK moved to adjourn debate upon the following Bill until Tuesday, March 1, which was adopted:

H. 3581 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.

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

S. 223 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES WITH NO BOARD OF COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT FOR THE CITY OF WESTMINSTER, THE DUTIES OF THE BOARD OF COMMISSIONERS OF PUBLIC WORKS SHALL DEVOLVE UPON THE CITY COUNCIL ON JULY 1, 2005.

The following Bill was taken up:

H. 3320 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Townsend, Harrell, Cato, Witherspoon, J. Brown, Chellis, Viers, Merrill, E. H. Pitts, Agnew, Ballentine, Bingham, Cooper, Haley, Hinson, Owens, Rice, Toole, Umphlett, White, Ceips, McLeod and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-605 SO AS TO PROVIDE THAT NO STATE ROAD, HIGHWAY, INTERSTATE HIGHWAY, BRIDGE, INTERCHANGE, OR INTERSECTION MAY BE NAMED FOR A PERSON WHO IS LIVING.

Reps. MILLER, SCOTT, J. E. SMITH, MOODY-LAWRENCE, TOWNSEND, BATTLE, BARFIELD, ANDERSON, HAMILTON, G. R. SMITH, VAUGHN, LEACH and LOFTIS requested debate on the Bill.

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry:

H. 3165 (Word version) -- Rep. Umphlett: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD TO THE CATEGORY OF THOSE OFFICERS WHO CAN BE REMOVED ONLY FOR CAUSE PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AND THE SOUTH CAROLINA PORTS AUTHORITY, TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES OF THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO REQUIRE THAT COMMITTEE TO SCREEN CANDIDATES FOR APPOINTMENT TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, AND TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE ADDITIONAL QUALIFICATIONS FOR THE DIRECTORS OF THE AUTHORITY RELATING TO EXPERIENCE AND EXPERTISE AND METHOD FOR SCREENING CANDIDATES FOR POSSESSION OF THE NECESSARY QUALIFICATIONS AND TO DELETE OBSOLETE PROVISIONS.

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry:

H. 3452 (Word version) -- Reps. Umphlett, Stewart, Bailey, Ballentine, Barfield, Battle, Bingham, J. Brown, Ceips, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan, Edge, Frye, Haley, Hardwick, Hinson, Hosey, Howard, Huggins, Jefferson, Littlejohn, Lloyd, Mack, Mahaffey, Miller, J. H. Neal, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rivers, Rutherford, F. N. Smith, J. E. Smith, Viers, Weeks, Whitmire, Witherspoon and Clark: A BILL TO AMEND SECTION 58-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO PROVIDE THAT THE REVIEW COMMITTEE HAS THE POWER TO APPOINT AN ADVISORY COMMITTEE, AT LEAST ONE OF WHOM MUST HAVE ELECTRIC COOPERATIVE EXPERIENCE, AND TO FURTHER PROVIDE THAT THE REVIEW COMMITTEE HAS THE DUTY TO REVIEW CANDIDATES FOR APPOINTMENT TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO DETERMINE WHETHER THE CANDIDATES ARE QUALIFIED; TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO ESTABLISH QUALIFICATIONS AND OTHER REQUIREMENTS RELATING TO CANDIDATES FOR APPOINTMENT TO THE BOARD OF DIRECTORS AND TO PROVIDE THE MANNER IN WHICH THE DIRECTORS MUST BE APPOINTED; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD TO THE CATEGORY OF THOSE OFFICERS WHO CAN BE REMOVED ONLY FOR CAUSE PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.

The following House Resolution was taken up:

H. 3575 (Word version) -- Reps. Barfield, Miller and Anderson: A HOUSE RESOLUTION REQUESTING THE UNITED STATES INTERNATIONAL TRADE COMMISSION TO APPROVE THE CONTINUATION OF THE ANTIDUMPING AND COUNTERVAILING ORDERS IMPOSED ON HOT-ROLLED STEEL FROM BRAZIL, JAPAN, AND RUSSIA.

Rep. BARFIELD moved to adjourn debate on the Resolution until Wednesday, February 23, which was agreed to.

The following Concurrent Resolution was taken up:

H. 3389 (Word version) -- Reps. Ott, Cobb-Hunter, Govan and Rhoad: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME U.S. HIGHWAY 601 NORTH, FROM THE I-26 INTERCHANGE THROUGH JAMISON IN ORANGEBURG COUNTY TO THE ORANGEBURG COUNTY LINE, IN HONOR OF THE LATE F. HALL YARBOROUGH, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS "F. HALL YARBOROUGH MEMORIAL HIGHWAY".

Whereas, F. Hall Yarborough was a former state representative from Orangeburg County where he lived throughout much of his long and fruitful life; and

Whereas, Mr. Yarborough died on February 26, 2004, at his beloved home in Jamison, South Carolina; and

Whereas, the occasion of his death brought much sadness to the people of Orangeburg County, yet profound expressions of thankfulness for his numerous contributions; and

Whereas, Hall Yarborough was one of the last living attorneys who "read for the law", and was noted for his outstanding legal skills; and

Whereas, F. Hall Yarborough served his country during World War II; and

Whereas, Hall was a man of many pursuits: he read history and literature as a scholar and a teacher; he read his Bible and lived its words; and he read the faces and hearts of the people of Orangeburg County and the State of South Carolina, understanding their needs and dreams; and

Whereas, Hall will be best remembered publicly as the cosponsor of legislation establishing the Legislative Audit Council charged with the responsibility of ensuring fiscal accountability of state departments, agencies, and institutions; and

Whereas, Hall was a committed husband to his wife of six decades, Elizabeth Wolfe Yarborough, and a devoted father to their children; and

Whereas, the members of the General Assembly are proud to honor his contributions to the State of South Carolina and his life of love, honor, service, and faith. 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, request the Department of Transportation to name Highway 601 North from the interchange at I-26 through Jamison in Orangeburg County to the Orangeburg County line, in honor of the late F. Hall Yarborough, and to install appropriate markers or signs on the highway containing the words "F. Hall Yarborough Memorial 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.

The following Concurrent Resolution was taken up:

H. 3486 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF DEERWOOD DRIVE FROM ITS INTERSECTION WITH CEDAR LANE TO UNITED STATES HIGHWAY 176 BY-PASS IN THE TOWN OF PACOLET "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE".

Whereas, Master Sergeant Clarence Phillips McGee, a member of the Air Corps of the Army of the United States, was awarded the Air Medal for meritorious achievement while participating in aerial flights by President John F. Kennedy on October 28, 1963; and

Whereas, he also received the Distinguished Flying Cross from President Kennedy on October 28, 1963, for extraordinary achievement while participating in aerial flights in the Asiatic Pacific Theater of Operation from November 19, 1942 to March 21, 1943; and

Whereas, for his heroism and exemplary service to our country, it is fitting and proper for the members of the General Assembly to name a portion of Deerwood Drive in the Town of Pacolet in his honor. 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 Department of Transportation to name the portion of Deerwood Drive from its intersection with Cedar Lane to United States Highway 176 By-Pass in the Town of Pacolet "Clarence Phillips McGee Memorial Drive", and to erect appropriate markers or signs along this portion of highway that contain the words "Clarence Phillips McGee Memorial Drive".

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

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

H. 3497 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Hardwick and Viers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE WHITE OAK SWAMP ALONG STATE ROAD 97 IN HORRY COUNTY THE "M. A. ARTIST MCCRACKEN BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "M. A. ARTIST MCCRACKEN BRIDGE."

Whereas, M.A. Artist McCracken was born on November 18, 1914, and shared a special bond with Horry County's White Oak community until his passing in 1994; and

Whereas, Mr. McCracken was a beloved husband to the late Letha Royal McCracken with whom he enjoyed a long and happy fifty-seven year marriage; and

Whereas, he was the proud father of three wonderful daughters, and also a special grandfather to five grandchildren and one great-grandchild; and

Whereas, Mr. McCracken was an active member of the Woodmen of the World organization, a not-for-profit fraternal society which provides family-oriented financial programs and benefits to communities nationwide; and

Whereas, he was a faithful member of the New Hope Baptist Church; and

Whereas, Mr. McCracken resided in a homestead beside the Adrian Highway Bridge for twenty-six years. As a result, the bridge was warmly referred to by members of the community as "Artist's Bridge"; and

Whereas, M.A. Artist McCracken was an important component of Horry County's White Oak Community, considered by many as an extension of their own families; and

Whereas, it is fitting and proper for the members of the General Assembly to request the Department of Transportation to name a bridge that crosses the White Oak Swamp in Horry County in his honor. Now, therefore,

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

That the members of the General Assembly, by this resolution, request that the Department of Transportation name a bridge that crosses the White Oak Swamp along State Road 97 in Horry County the "M.A. Artist McCracken Bridge", and to erect appropriate markers or signs at this bridge that contain the words "M. A. Artist McCracken Bridge."

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

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

S. 331 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE OVER THE LYNCHES RIVER ON HIGHWAY 52 BETWEEN EFFINGHAM AND LAKE CITY IN MEMORY OF DEPUTY JOSEPH C. RODGERS AND INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE.

Whereas, Deputy Joseph C. Rodgers served the people of Florence County with honor and distinction as a Deputy Sheriff; and

Whereas, on April 9, 1997 Deputy Rodgers sacrificed his life in the line of duty to protect the wellbeing of his community by attempting to apprehend a fleeing murder suspect; and

Whereas, the County of Florence and the State of South Carolina owe Deputy Rodgers a debt of gratitude for his selfless actions. Now, therefore,

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

That the members of the General Assembly, by this resolution, request that the Department of Transportation name the bridge over the Lynches River on Highway 52 between Effingham and Lake City in honor of Deputy Sheriff Joseph C. Rodgers and install appropriate markers or signs at the bridge.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Deputy Joseph C. Rodgers.

The Concurrent Resolution was adopted and sent to the Senate.

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

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

H. 3601 (Word version) -- Reps. E. H. Pitts, Ott, Bingham, Toole, Frye, Clark, Huggins, Haley, Cobb-Hunter, Govan and McLeod: A BILL TO AMEND SECTION 44-7-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HEALTH PLANNING COMMITTEE INCLUDING THE DEVELOPMENT AND CONTENTS OF THE STATE HEALTH PLAN FOR USE IN THE ADMINISTRATION OF THE CERTIFICATE OF NEED PROGRAM, SO AS TO REQUIRE THE STATE HEALTH PLAN TO INCLUDE A PROVISION THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL APPROVE A CERTIFICATE OF NEED APPLICATION FOR OPEN HEART SURGERY IF THE APPLICANT MEETS CERTAIN CRITERIA.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3603 (Word version) -- Reps. Rutherford, J. Brown and F. N. Smith: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE CONSIDERED FOR PLACEMENT IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN ACCEPTED INTO AN INTERVENTION PROGRAM PREVIOUSLY MAY BE ACCEPTED INTO AN INTERVENTION PROGRAM FOR ONE ADDITIONAL TIME IF HE OBTAINS APPROVAL OF BOTH THE SOLICITOR AND THE CHIEF ADMINISTRATIVE JUDGE OF THE COURT OF GENERAL SESSIONS.
Referred to Committee on Judiciary

H. 3604 (Word version) -- Reps. Cato, Barfield, Bailey, Ballentine, G. Brown, Chellis, Dantzler, Edge, Hamilton, Hayes, Hinson, Jennings, Norman, M. A. Pitts, Rice, Scarborough, Scott, J. E. Smith, Taylor, Witherspoon and Young: A BILL TO AMEND SECTION 40-45-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATING OR RESTRICTING RIGHTS OF PHYSICAL THERAPISTS TO PRACTICE WITHIN THE SCOPE OF THEIR STATUTORY AUTHORITY, SO AS TO ALSO PROVIDE THAT PROVISIONS OF THE PHYSICAL THERAPY PRACTICE ACT MAY NOT BE CONSTRUED TO PROHIBIT OR RESTRICT THE CONDUCT OF A PHYSICAL THERAPIST OR PHYSICAL THERAPIST ASSISTANT OTHERWISE AUTHORIZED BY THE PROVIDER SELF REFERRAL ACT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

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

H. 3602 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS THAT SOUTH CAROLINA MARINAS PROVIDE TO OUR CITIZENS AND VISITORS IN TERMS OF RECREATION, REST, AND RELAXATION AND TO DECLARE AUGUST 13, 2005, AS "NATIONAL MARINA DAY IN SOUTH CAROLINA".

Whereas, the citizens of South Carolina place a high value on our recreation time and our ability to access one of America's greatest natural resources, its waterways; and

Whereas, in 1928, the word "marina" was used for the very first time by the National Association of Engine and Boat Manufacturers to define a recreational boating facility; and

Whereas, South Carolina is home to hundreds of recreational boating facilities that contribute substantially to their communities by providing a safe, reliable gateway to boating for members of the community and welcomed guests; and

Whereas, South Carolina's marinas also serve as stewards of the environment, actively seeking to protect the surrounding waterways not only for the enjoyment of this generation, but for generations to come; and

Whereas, South Carolina's marinas also provide their communities and visitors to the State of South Carolina a place where friends and families, united by a passion for the water, can come together for recreation, rest, and relaxation; and

Whereas, South Carolina's marinas will continue to provide an environmentally friendly gateway to boating for the citizens of and the visitors to the State of South Carolina. Now, therefore,

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

That the members of the General Assembly, by this resolution, recognize the contributions that South Carolina marinas provide to our citizens and visitors in terms of recreation, rest, and relaxation and declare August 13, 2005, as "National Marina Day in South Carolina" in order to honor South Carolina's marinas for their contributions to their community and to make citizens, policymakers, and employees more aware of the overall contributions to their well-being.

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

Further proceedings were interrupted by the Joint Assembly.

At 12:30 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3293 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS CADMUS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, FEBRUARY 22, 2005.

The Honorable Thomas Cadmus and distinguished party were escorted to the rostrum by Senators Anderson, Campsen and Cleary and Representatives ANDERSON, WHITMIRE, VAUGHN, RIVERS and PINSON.

The Lt. Gov. recognized our special guests and then introduced Mr. Thomas Cadmus, the National Commander of the American Legion as follows:

Greetings, Speaker David Wilkins, members of the South Carolina Legislature, distinguished guests, Lt. Governor Bauer, I thank you for that wonderful introduction. I do appreciate your kind words.

Your Southern hospitality warms this Michigan farm boy's heart, to be in front of a Joint session of the South Carolina House and Senate.

I'm glad to be here and thank you for the opportunity to speak to you today.

As I begin, let me take a moment to introduce members of The American Legion family who are with me today. The Commander of the South Carolina American Legion, Norma Walker of North Augusta, South Carolina.

The National Executive Committeeman for The American Legion of South Carolina, R. M. Singletary of Cross, South Carolina; National Vice Commander Wayne Richey of Greenwood, South Carolina. The Adjutant of The American Legion of South Carolina, Jim Hawk of Irmo, South Carolina. The president of The American Legion's Auxiliary for South Carolina, Anne Cash of Rock Hill, South Carolina. The Secretary of The American Legion's Auxiliary of South Carolina, Maggie May of Lugoff-Elgin, South Carolina.

It is an honor and privilege to stand before you today. On behalf of the 2.7 million Legionnaires around the world and the 190 Legion Posts throughout the State of South Carolina, I want to thank each of you. I commend you for your work in supporting our veterans throughout this State.

And I would like to thank the 411,000 veterans of South Carolina who have served their country bravely. South Carolina has an honored and treasured military heritage - to serve God and Country. And that military heritage is very much alive today.

Did you know that ten percent of those serving in our armed forces today - Active Duty, National Guard and Reserves - are from this sovereign State of South Carolina? That is absolutely phenomenal!! Your sons and daughters have answered the call to arms in the great wars of the past century...and the first great war of this new century. You have shared their anguish in the battlefield, celebrated their victories against insurmountable odds, and have wept and prayed at their gravesites. You have taken care of those who have returned from the great wars, suffering from permanent injuries, both physical and emotional.

Today the need to take care of our veterans is as imperative as it has ever been. I have been to Walter Reed Army Medical Center. And I have talked with young soldiers who have been injured in combat in Iraq and Afghanistan. Many have lost their limbs. Many await months and even years of rehabilitation.

Yet down to every man and woman I met there, each one was proud to serve their country, to do their part in the war against terrorism, to set the Iraqi people free. Those who cannot resume their military careers will be discharged from the service. That is when the Department of Defense will exchange the baton of their care to the Department of Veterans Affairs.

I salute the South Carolina's -Governor's Office of Veterans Affairs as caretakers of veterans issues in this great State. Each year, this office finds itself in an uncomfortable paradox - providing the very best of services to your veterans on a shoestring budget.

I would like to thank Director Weaver and his staff for their dedication to the veterans of South Carolina. The number of veterans entering the system as a result of the war on terrorism is increasing the customer base at Director Weaver's Office.

The Veterans Administration spends money in South Carolina to provide service connected compensation, non-service connected pension, widows' benefits, educational assistance, vocational rehabilitation, insurance, home loans, operation of the V. A. Medical Centers, Vet Centers, Community Based Outpatient Clinics, National Cemeteries and per diem payments to the State Veterans Homes.

Here is where you can help us help your sons and daughters who have served so honorable when it comes to Veterans Health Care.

I hope that you will do all you can within your power to see that favorable consideration is given to approve the needed funding that our veterans require. It's the right thing to do.

The nation's highest priority is national defense. VA health care is an ongoing cost of war. Every veteran answered the nation's call to arms without reservation. Short-changing VA health care is short-changing every military veteran from Bunker Hill to Baghdad.

The current appropriations process for VA health care is broken and not adequately funding VA medical care. President George W. Bush's Task Force to improve Health Care Delivery for our nation's veterans May 26, 2003, identified the mismatch between demand and funding as a major obstacle in meeting the nation's commitment to veterans.

The American Legion and eight other veteran's organizations believe the answer lies in changing VA health care funding from discretionary mandatory appropriation. As President Bush predicted, the war on terrorism will be long and difficult. It is imperative that we make sure our returning men and women in uniform will have the quality VA health care system they have earned and deserve.

I think the undertaking of the new nursing home in Walterboro and the new state cemetery in Anderson are great initiatives for our veterans and their families. I challenge you to set an example for all state legislatures to follow - take care of our veterans. We must eliminate the year-to-year uncertainty about funding levels that has prevented the VA from being able to adequately meet the growing needs of veterans seeking treatment.

There are some other things you can do to help our troops - in particular the sons and daughters from South Carolina serving on Active Duty, in the National Guard and in the Reserves. It won't cost you a thing. Just help us get the word out on our American Legion Programs that we have set in place to help our servicemen and women and their families.

Tell them about our Family Support Program, where we provide emotional support, resource assistance and in some cases, grants, to the family members left behind when their spouse is deployed overseas. Tell them about The American Legion Legacy Scholarship Program where we are raising funds to ensure that higher education will be a reality for those children whose parents, who have given their lives since 9/11 while serving in our military. Providing for the children of our military personnel who have died in harms way is our civic duty.

The 109th Congress is now in session. Please help us get the word out that The American Legion will be there again to see that the will of the American people is answered on the issue of the Flag Amendment. Three out of four Americans favored some amendment or legislation protecting the flag. With the support of your representatives in the U. S. Congress and Senate, we will be successful in getting Resolution 4 ratified.

Why do we do all this and more? Because it is the charge of The American Legion, since 1919, to provide service to our veterans, their families and to their communities. Help us get the word out to all citizens of the great State of South Carolina that The American Legion is a good neighbor, one that they can count on.

Again, my deepest appreciation for all that you do for our veterans. Veterans helping veterans is what we are all about. And if any of you listening today happen to be a wartime veteran, I just happen to have American Legion application forms in my pocket. I thank you for all that you do for God and Country.

Upon conclusion of his address, the National Commander and his escort party retired from the Chamber.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

At 12:55 p.m. the House resumed, the SPEAKER in the Chair.

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

The Senate returned to the House with concurrence the following:

H. 3587 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ELIZABETH VICTOR, A SENIOR AT AIKEN HIGH SCHOOL, FOR DEVELOPING AND IMPLEMENTING A GIRLS AGAINST BULLIES (GAB) MENTORING PROGRAM IN HER COMMUNITY WHICH HAS PROVIDED SO MUCH HELP TO ELEMENTARY AND MIDDLE SCHOOL GIRLS WHO HAVE EXPERIENCED AGGRESSION FROM PEERS IN A SCHOOL SETTING.

H. 3589 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO HONOR REVEREND JOHNNIE MCLENDON AND FIRST LADY BARBARA MCLENDON AND TO RECOGNIZE THEIR SERVICE AND COMMITMENT TO FISHER HILL COMMUNITY BAPTIST CHURCH OF CHERAW, SOUTH CAROLINA, AND THEIR LOCAL COMMUNITY.

H. 3595 (Word version) -- Reps. Merrill, Hinson, Whipper, Limehouse, Young, Harrell, Umphlett, Miller, Altman, R. Brown, Chellis, Dantzler, Hagood, Jefferson and Scarborough: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND WARREN LASCH FOR HIS ENTHUSIASM, COMMITMENT, AND WORK ETHIC ON THE RECOVERY, RESTORATION, AND DISPLAY OF THE H. L. HUNLEY AS HE RESIGNS FROM HIS POSITION AS CHAIRMAN OF THE FRIENDS OF THE HUNLEY, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.

At 1:00 p.m. the House, in accordance with the motion of Rep. J. BROWN, adjourned in memory of Deacon Ulysses R. Barber of Hopkins, to meet at 10:00 a.m. tomorrow.

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