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


Printed Page 1834 . . . . . Tuesday, March 16, 2004

Tuesday, March 16, 2004
(Statewide Session)

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 Proverbs 2:6: "The Lord gives wisdom; from His mouth comes knowledge and understanding."
Let us pray. Almighty God, Your wisdom and power are present everywhere in creation. May these leaders in our State look to You for guidance. Help us to see that all things work together for good, if not immediately, then finally, if only we hold to You in faith and love. We remember today, the three sailors killed this past week near Beaufort and we ask God's presence and comfort for their families. Also we remember one of our own, Debra Brooks, who lost her father on Saturday. Bless our State and Nation. Give wisdom and courage to our Governor and President. Keep our defenders of freedom safe. Hear our prayer. 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 Thursday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HINSON moved that when the House adjourns, it adjourn in memory of Frances "Dale" Rhoney of Ladson, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4939 (Word version) -- Rep. Clemmons: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MYRTLE BEACH CIVITAN CLUB AND ITS MEMBERS, OFFICERS, AND FRIENDS ON THE OCCASION OF ITS SIXTY-FIFTH ANNIVERSARY AND TO COMMEND THIS OUTSTANDING CLUB, THE OLDEST CIVIC CLUB IN MYRTLE BEACH, FOR ITS WONDERFUL


Printed Page 1835 . . . . . Tuesday, March 16, 2004

CONTRIBUTIONS TO THE MYRTLE BEACH COMMUNITY ON THIS GREAT OCCASION.

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

HOUSE RESOLUTION

The following was introduced:

H. 4940 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO RECOGNIZE AND EXTOL THE LONG LIFE AND OUTSTANDING WORKS OF MRS. LELER VIRGINIA SCARBOROUGH GEORGE OF LEE COUNTY ON THE JOYOUS OCCASION OF HER ONE HUNDREDTH BIRTHDAY ON NOVEMBER 16, 2003.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4941 (Word version) -- Reps. Richardson, Delleney, Emory, Kirsh, McCraw, Moody-Lawrence and Simrill: A HOUSE RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE TUESDAY, MARCH 30, 2004, AS "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty-five percent during the past ten years to a current total of one hundred seventy thousand and is expected to grow by another twenty-eight thousand by the year 2015; and

Whereas, York County's total estimated assessed property valuation for 2003 exceeded three hundred seventy million dollars; and

Whereas, a total of sixty-one companies, some nationally known, announced plans to locate or expand in York County in 2003, providing a capital investment of over one hundred nineteen million dollars; and


Printed Page 1836 . . . . . Tuesday, March 16, 2004

Whereas, York County recognizes the importance of transportation planning as it relates to economic development and quality of life concerns, as has been demonstrated by the adoption of a new one-cent sales tax effective May 1, 2004, that will generate one hundred seventy-three million dollars to make our roads better and safer, the county's successful Infrastructure Bank Board application that resulted in one hundred thirty million dollars for a critical regional connector, the business community's support of the Southern Metro Area Regional Transportation initiative, and a growing recognition of the importance of a regional mass transit system. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives recognize York County for its many accomplishments and declare Tuesday, March 30, 2004, as "York County Day".

Be it further resolved that a copy of this resolution be forwarded to each of the four Chambers of Commerce that make up the Council of Chambers of York County: the Clover Chamber of Commerce, the Greater York Chamber of Commerce, the Lake Wylie Chamber of Commerce, and the York County Regional Chamber of Commerce.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1050 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 17, 2004, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 17, 2004, AT WHICH TIME THE STATE EASTER SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.


Printed Page 1837 . . . . . Tuesday, March 16, 2004

Whereas, Easter Seals South Carolina has again embarked upon its most worthwhile project to raise funds for people with disabilities, culminating in the 53rd annual "B.A.C.-Coffee Day for People with Special Needs" in South Carolina on Good Friday, April 9, 2004; and

Whereas, under the statewide leadership of Ellis Jackson, Chairman, Easter Seals South Carolina Board of Directors, ably assisted by Major Mark Keel, President of the South Carolina Law Enforcement Officers Association; Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers' Association; Thomas L. Sponseller, Executive Director of the South Carolina Restaurant Association; and David Miller, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults with disabilities and assist them in creating solutions for their challenges; and

Whereas, the "B.A.C." buttons go on sale Wednesday, March 17, 2004; and

Whereas, the "B.A.C." project and all other programs of the Easter Seals South Carolina deserve the support, merit, and praise of all citizens of the State. Now, therefore,

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

That Wednesday, March 17, 2004, is designated "Creating Solutions for Disabilities Day" in South Carolina and that representatives of Easter Seals South Carolina, the South Carolina Law Enforcement Officers' Association, and the South Carolina Restaurant Association, all representing Hollie Leigh Bottoms, daughter of Chris and Vickie Bottoms of West Union; Welton and Mary Bratcher of Honea Path; Destiny Smith, daughter of Roger and Dee Dee Smith of Hartsville; Jason Harmon, son of Amanda Harmon of Elgin; Nicholas Eichman, son of Brian and Susan Eichman of Barnwell; Cassandra Stone, daughter of Robert and Linda Stone of Hopkins; Braden Elizabeth Smith, daughter of Chip and Sharon Smith of Rock Hill; Zachary Taylor Kemp, son of David and Kimberly Gmuca Kemp of Fort Mill; Antoine Brown, son of Michelle Brown of Florence; and Kristin Kyle, daughter of William and Susan Kyle of Moore; who have been chosen to serve as the 2004 Easter Seals South Carolina State Representatives,


Printed Page 1838 . . . . . Tuesday, March 16, 2004

be presented to the General Assembly in Joint Session of the General Assembly in the Hall of the House of Representatives at 11:30 a.m. on Wednesday, March 17, 2004.

Be it further resolved that the General Assembly extends to the Easter Seals South Carolina and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with special needs.

Be it further resolved that a copy of this resolution be forwarded to the President and Chief Executive Officer of Easter Seals South Carolina for distribution to the state chairmen of the various phases of the Easter Seals South Carolina's campaign and the "B.A.C." project, as well as to the Easter Seals South Carolina Representatives themselves.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1056 (Word version) -- Senators Giese, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW AND DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF SOUTH CAROLINA'S MOST PROMINENT ATTORNEYS, JAMES C. "JIM" ANDERS, UPON HIS DEATH ON MARCH 6, 2004.

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


Printed Page 1839 . . . . . Tuesday, March 16, 2004

INTRODUCTION OF BILLS

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

H. 4942 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 12, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN CHEROKEE COUNTY SCHOOL DISTRICT NO. 1 WHEN THE SCHOOL WAS CLOSED DUE TO A WATER MAIN BREAK AND SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, RESPECTIVELY, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 857 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-117-110 SO AS TO PROVIDE THAT THE REMAINS OF ANY PERSON WHO DONATED HIS OR HER BODY TO THE UNIVERSITY OF SOUTH CAROLINA MEDICAL SCHOOL FOR SCIENTIFIC RESEARCH PURPOSES MUST BE INTERRED BY THE MEDICAL SCHOOL AT ITS EXPENSE IN A MARKED CEMETERY GRAVESITE IF THE REMAINS WERE BURIED OR IF THE REMAINS WERE CREMATED IN A MEMORIAL GARDEN CRYPT WHICH IDENTIFIES THE DECEDENT'S ASHES.
Referred to Committee on Education and Public Works

S. 998 (Word version) -- Senator Moore: A BILL TO AMEND ACT 178 OF 1995 BY ADDING A NEW PARAGRAPH TO SECTION 1 REQUIRING THE EXECUTIVE DIRECTOR OF THE COUNTY BOARD OF ELECTION, UPON RECOMMENDATION OF THE MCCORMICK COUNTY COUNCIL, BE APPOINTED BY A MAJORITY VOTE OF THE SENATORS AND HOUSE OF REPRESENTATIVE MEMBERS REPRESENTING MCCORMICK COUNTY TO SERVE FOR A TERM OF TWO YEARS.
Referred to McCormick Delegation


Printed Page 1840 . . . . . Tuesday, March 16, 2004

HOUSE RESOLUTION

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

H. 4943 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HOLLY HILL-ROBERTS BOYS' BASKETBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR SOUTH CAROLINA AAA STATE TITLE WIN IN THEIR FINAL GAME PLAYED REPRESENTING HOLLY HILL-ROBERTS HIGH SCHOOL OF ORANGEBURG COUNTY.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Holly Hill-Roberts Boys' Basketball Team, coaches, and other school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and congratulated on their South Carolina AAA State Title win in their final game played representing Holly Hill-Roberts High School of Orangeburg County.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4944 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION RECOGNIZING THE HOLLY HILL-ROBERTS BASKETBALL "BULLDOGS" ON THEIR SOUTH CAROLINA AAA BOYS' STATE TITLE WIN IN THEIR FINAL GAME PLAYED REPRESENTING HOLLY HILL-ROBERTS HIGH SCHOOL OF ORANGEBURG COUNTY.

The Resolution was adopted.


Printed Page 1841 . . . . . Tuesday, March 16, 2004

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Emory
Freeman                Frye                   Gilham
Gourdine               Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Phillips               E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young


Printed Page 1842 . . . . . Tuesday, March 16, 2004

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 16.

Karl Allen                        Jerry Govan
Skipper Perry                     Bessie Moody-Lawrence
Bill Cotty                        Seth Whipper
William Bowers                    Tracy Edge
Fletcher Smith                    Lewis E. Pinson
Brenda Lee                        Kenneth Kennedy
Dwight Loftis

Total Present--119

DOCTOR OF THE DAY

Announcement was made that Dr. Stanley Baker of Greenwood is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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. 4657 (Word version)
Date:   ADD:
03/16/04   BINGHAM


Printed Page 1843 . . . . . Tuesday, March 16, 2004

CO-SPONSOR ADDED

Bill Number:   H. 4657 (Word version)
Date:   ADD:
03/16/04   E. H. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 4790 (Word version)
Date:   ADD:
03/16/04   HARVIN

CO-SPONSOR REMOVED

Bill Number:   H. 3689 (Word version)
Date:   REMOVE:
03/16/04   D. C. SMITH

H. 4925--AMENDED AND SENT TO THE SENATE

The following Bill was taken up:

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

Rep. HARRELL proposed the following Amendment No. 371 (Doc Name h:\ legwork\ house\amend\h- wm\006\ leoincfund2amnd.doc), which was adopted:
Amend the amendment offered by Reps. HARRELL, LIMEHOUSE, KOON, SCOTT and YOUNG, document name h:\ legwork\ house\ amend\h-wm\006\leoincfund2.doc, designated Amendment No. 238 substitute, as and if amended, page 4, lines 4-6, by striking / Law Enforcement Officer I, Law Enforcement Officer II, and Law Enforcement Officer III / and inserting /Agent I, Agent II, Criminalist I, and Criminalist II./
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1844 . . . . . Tuesday, March 16, 2004

Rep. HARRELL proposed the following Amendment No. 372 (Doc Name h:\legwork\house\amend\h-wm\001\73 jdc correction.doc), which was adopted:
Amend the amendment offered by Reps. QUINN, HARRELL, RICE, CLYBURN, EDGE, DAVENPORT and WILKINS, (Doc. No. h:\legwork\house\amend\h-wm\002\jobdevcredit50m8.doc), designated Amendment No. 361, as and if amended, on page 2, line 5, by striking /S562/ and inserting /S560/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HARRELL proposed the following Amendment No. 373 (Doc Name h:\legwork\house\amend\h-wm\002\atty mgmt del.doc), which was adopted:
Amend the amendment offered by Reps. QUINN and HARRELL, (Doc. No. h:\legwork\house\amend\h-wm\002\atty gen.doc), designated Amendment No. 348 sub, by striking the appropriately numbered paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. STILLE spoke against the Bill.

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

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

Yeas 73; Nays 30

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Battle                 Bingham                J. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates

Printed Page 1845 . . . . . Tuesday, March 16, 2004

Cooper                 Davenport              Delleney
Duncan                 Frye                   Gilham
Govan                  Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hosey
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Neilson                Ott
Owens                  Perry                  Phillips
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Richardson             Sandifer
Scarborough            Scott                  Sinclair
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Taylor                 Toole                  Townsend
Tripp                  Trotter                Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--73

Those who voted in the negative are:

Allen                  Anthony                Barfield
Bowers                 Branham                Breeland
R. Brown               Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Gourdine               J. Hines               M. Hines
Jennings               Lourie                 Mack
McLeod                 Miller                 J. H. Neal
J. M. Neal             Parks                  Rice
Rivers                 Rutherford             J. E. Smith
Stille                 Thompson               Weeks

Total--30

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


Printed Page 1846 . . . . . Tuesday, March 16, 2004

RECORD FOR VOTING

I was out of the Chamber when the vote on H. 4925, the General Appropriation Bill for 2004-2005, was taken. I would have voted in favor of the Bill.

Rep. B.R. Skelton

ORDERED TO THIRD READING

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

H. 4917 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 55 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.

H. 4919 (Word version) -- Rep. Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN THE SCHOOL DISTRICT OF MARLBORO COUNTY WHEN THE SCHOOLS WERE 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.

H. 4923 (Word version) -- Reps. Hosey, Govan, Rhoad and Bowers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN BARNWELL COUNTY SCHOOL DISTRICT NOS. 19, 29, AND 45 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.


Printed Page 1847 . . . . . Tuesday, March 16, 2004

H. 4539 (Word version) -- Rep. Walker: A BILL TO REPEAL SECTION 59-18-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING STUDENT AND SCHOOL PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE LEVELS UNDER THE EDUCATION ACCOUNTABILITY ACT.

Rep. WALKER explained the Bill.

H. 4884 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 4885 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL CERTIFICATION AT THE ADVANCED LEVEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 4886 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2879, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 4887 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO END-OF-COURSE TESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2880,


Printed Page 1848 . . . . . Tuesday, March 16, 2004

PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MILLER explained the Joint Resolution.

H. 4922 (Word version) -- Reps. McGee, Branham, J. Hines, M. Hines, Lucas, Coates and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-740 SO AS TO AUTHORIZE THE AREA COMMISSION OF FLORENCE-DARLINGTON TECHNICAL COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE COMMISSION, TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO SUCH AN AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF SUCH AN AGREEMENT, TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A LEASE OR LEASE PURCHASE AGREEMENT WITH A PRIVATE ENTITY FOR IT TO OCCUPY A COLLEGE FACILITY OR A FACILITY TO BE BUILT BY THE COLLEGE ON COLLEGE PROPERTY FOR THE PURPOSE OF CONDUCTING AN ENTREPRENEUR OR COMMERCIAL ACTIVITY, AND TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A GROUND LEASE WITH A PRIVATE ENTITY FOR THE PRIVATE ENTITY TO BUILD A FACILITY ON PROPERTY OF THE COLLEGE IN WHICH IT WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.

Rep. MCGEE explained the Bill.

H. 4937 (Word version) -- Reps. Vaughn, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO TWO SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.


Printed Page 1849 . . . . . Tuesday, March 16, 2004

S. 154--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 154 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10081SJ04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 59-25-115 of the 1976 Code, as added by Act 387 of 1990, is amended to read:

"Section 59-25-115.   (A)   All persons A person applying for initial certification to become a certified education personnel employee in this State shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The costs associated with the FBI background checks are those of the applicant.

The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the individual applying for initial certification.

(B)   A person enrolled in a teacher education program in this State must be advised by the college or university that his prior criminal record could prevent certification as a teacher in this State in accordance with State Board of Education guidelines.

(C)   Before beginning full-time clinical teaching experience in this State, a teacher education candidate shall undergo a state criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints by the Federal Bureau of Investigation. The costs associated with the FBI background checks are those of the applicant. Information reported relative to prior arrests or convictions will be reviewed by the State Department of Education, and the State Board of Education when


Printed Page 1850 . . . . . Tuesday, March 16, 2004

warranted, in accordance with board guidelines. A teacher education candidate with prior arrests or convictions of a serious nature that could affect his fitness to teach in the public schools of this State may be denied the opportunity to complete the clinical teaching experience and qualify for initial teacher certification. An individual who is denied this opportunity as a result of prior arrests or convictions, after one year, may request reconsideration under guidelines established by the State Board of Education.

(D)   A graduate of a teacher education program applying for initial teacher certification must have completed the FBI fingerprint process within eighteen months of formally applying for initial teacher certification or the fingerprint process must be repeated.

(E)   An institution of higher learning in this State offering education as a major must inform a potential education major considering teaching as a career that his prior criminal history could prevent certification as a teacher in this State. The student may then choose to have a SLED background check for advisement purposes. The cost associated with the SLED background check requested at the preservice level is that of the student."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4165--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4165 (Word version) -- Reps. Lourie, J. E. Smith and Rivers: A BILL TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE STATE BOARD OF EDUCATION, SO AS TO ADD A NONVOTING MEMBER TO BE APPOINTED BY THE GOVERNOR TO REPRESENT THE MILITARY COMMUNITY.


Printed Page 1851 . . . . . Tuesday, March 16, 2004

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10080SJ04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 59-5-10 of the 1976 Code is amended by adding a new paragraph at the end to read:

"In addition to the other members of the State Board of Education required by law, there must be an additional nonvoting member to be appointed by the Governor for a term of two years. This member must be the commander, or his designee, of a military installation headquartered in the State. Should a vacancy occur due to military transfer, a replacement from the same installation must be made to serve the unexpired term."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4912--DEBATE ADJOURNED

Rep. MILLER moved to adjourn debate upon the following Joint Resolution, which was adopted:

H. 4912 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004.

R. 199, S. 481--GOVERNOR'S VETO --DEBATE ADJOURNED

The Veto on the following Act was taken up:

(R199) S. 481 (Word version) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A


Printed Page 1852 . . . . . Tuesday, March 16, 2004

CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

Rep. G. M. SMITH moved to adjourn debate on the Veto until Wednesday, March 17, which was agreed to.

R. 209, H. 4702--GOVERNOR'S VETO --DEBATE ADJOURNED

The Veto on the following Act was taken up:

(R209) H. 4702 (Word version) -- Rep. Harvin: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

Rep. G. M. SMITH moved to adjourn debate on the Veto until Wednesday, March 17, which was agreed to.

H. 4881--ADOPTED

The following House Resolution was taken up:

H. 4881 (Word version) -- Reps. Bales and Neilson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS, FACULTY, AND REPRESENTATIVES OF THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES AND THE GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS ON THURSDAY, MARCH 11, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THEM FOR THEIR ACCOMPLISHMENTS AND FOR THE PURPOSE OF A PERFORMANCE BY THE CHORUS OF THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to a delegation of students, faculty, and representatives of the


Printed Page 1853 . . . . . Tuesday, March 16, 2004

Governor's School for the Arts and Humanities and the Governor's School for Science and Mathematics on Thursday, March 11, 2004, at a time to be determined by the Speaker for the purpose of recognizing them for their accomplishments and for the purpose of a performance by the chorus of the Governor's School for the Arts and Humanities.

The Resolution was adopted.

H. 4913--ADOPTED

The following House Resolution was taken up:

H. 4913 (Word version) -- Reps. Scott, Lourie, Bales, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Quinn and J. E. Smith: A HOUSE RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF INTERSTATE 77 AND TWO NOTCH ROAD IN RICHLAND COUNTY FOR JOHN V. GREEN AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. GREEN'S SERVICE AND COMMITMENT TO WORKING WITHIN THE COLUMBIA COMMUNITY.

Whereas, John V. Green, President and Owner of John V. Green Realty Co, Inc., divides his time between his profession and volunteering within the Columbia community in an effort to help and serve others; and

Whereas, married to Nora Jane Williams, the couple has two daughters, Amanda and Janet, and are the proud grandparents of Grant and Townes; and

Whereas, Mr. Green graduated from the University of South Carolina with a Bachelor of Arts degree and attended the University of South Carolina School of Law; and

Whereas, in addition to his South Carolina education, Mr. Green also attended and graduated from the National War College of the Department of Defense and the Industrial College of the Armed Forces; and


Printed Page 1854 . . . . . Tuesday, March 16, 2004

Whereas, presently serving with the South Carolina Military Department, Joint Service Department as Finance Directorate with Rank of Brigadier General, Mr. Green has served in the United States Army during the Korean Conflict and served in the United States Air Force Reserve as Deputy Commander of Transportation of the 315th Military Airlift Wing at Charleston Air Force Base; and

Whereas, working with the Richland County Council for eight years, Mr. Green served as Vice Chairman for two years and as Chairman for three years, and he also served as a Richland County Probate Judge for four years; and

Whereas, among his numerous activities, Mr. Green has been a member of the Central Midlands Regional Planning Council Executive Committee and the Columbia Area Mental Health Board, where he served as chairman; and

Whereas, Mr. Green also serves on the Board of Directors for the Columbia Area Chamber of Commerce, the Columbia Town Theatre, and Richland Memorial Hospital, and he has received the Legion Sullivan Pathfinder Award for Service on the Board of Directors of Opportunities Industrialization Center and the Crime Prevention Award; and

Whereas, a Life Member of the American Legion Richland Post 6, Mr. Green has served as President of Richland Post Six Foundation Board, the State of South Carolina Membership Chair for the American Legion Department of South Carolina, and is a Life Member of both the Eau Claire Masonic Lodge 344 and the Jamil Shrine Temple; and

Whereas, it is with great honor that the House of Representatives request that the intersection of Interstate 77 and Two Notch Road be named the "John V. Green Interchange" in honor of his contributions and dedication to the Midlands. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, request the Department of Transportation to name the intersection of Interstate 77 and Two Notch Road for John V. Green and install appropriate markers or signs


Printed Page 1855 . . . . . Tuesday, March 16, 2004

indicating this designation in honor and recognition of Mr. Green's service and commitment to working within the Columbia community.

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

The Resolution was adopted.

H. 4882--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4882 (Word version) -- Reps. Cooper, Thompson, Townsend and White: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF STATE HIGHWAY 88 IN ANDERSON COUNTY FROM STATE HIGHWAY 81 TO U.S. HIGHWAY 178 AS THE "KIMBERLY HAMPTON MEMORIAL HIGHWAY" IN HONOR OF THE LATE CAPTAIN KIMBERLY HAMPTON OF EASLEY WHO LOST HER LIFE IN IRAQ WHILE PILOTING A HELICOPTER.

Whereas, Captain Kimberly Hampton, 27, of Easley, South Carolina, died on Friday, January 2, 2004, when the OH-58 Kiowa Warrior helicopter she was piloting went down near the Iraqi town of Fallujah west of Baghdad; and

Whereas, she was the first female pilot killed in Iraq and was also the first woman and twelfth reported casualty of the armed services from South Carolina; and

Whereas, Kimberly Hampton graduated from Easley High School, attended Furman University, and graduated with honors from Presbyterian College in 1998 with a degree in English; and

Whereas, she was team captain of the Blue Hose women's tennis team where she finished her college singles career with a 27-0 record in the South Atlantic Conference, winning singles titles in 1997 and 1998, and being ranked 28th nationally as a singles player and 18th nationally in doubles play; and

Whereas, Kimberly Hampton selflessly and bravely answered her country's call to arms in defense of world order and freedom by


Printed Page 1856 . . . . . Tuesday, March 16, 2004

participating in Operation Iraqi Freedom with her unit from North Carolina; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to this dedicated soldier and daughter of the Palmetto State who gave her life for her country if a portion of State Highway 88 in Anderson County were named in her honor. Now, therefore,

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

That the members of the General Assembly, request the Department of Transportation to name that portion of State Highway 88 in Anderson County from State Highway 81 to U.S. Highway 178 as the "Kimberly Hampton Memorial Highway" in honor of the late Captain Kimberly Hampton of Easley who lost her life in Iraq while piloting a helicopter. The department is also requested to install appropriate markers and signs identifying this highway as the "Kimberly Hampton Memorial Highway".

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

The Concurrent Resolution was adopted and sent to the Senate.

H. 4890--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4890 (Word version) -- Reps. Barfield, Cotty, Viers, Toole, Clark, Rutherford, J. Brown, Ceips, Clemmons, Frye, Gilham, J. Hines, Keegan, Lloyd, Mahaffey, Moody-Lawrence, Rice, Simrill, G. R. Smith, Stille, Taylor, Vaughn and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND TAIWAN ON ITS FULL-FLEDGED DEMOCRACY, ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND TO SUPPORT ITS EFFORTS TO JOIN THE UNITED NATIONS, THE WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.


Printed Page 1857 . . . . . Tuesday, March 16, 2004

Whereas, Taiwan and the United States of America are friends and allies of long standing, both dearly cherishing the commonly shared values of freedom, democracy, and human rights; and

Whereas, Taiwan has the world's sixteenth largest economy, is the United States' eighth largest trading partner, as well as the fifth largest market for United States agricultural products; and

Whereas, the State of South Carolina and Taiwan have enjoyed long and mutually beneficial sister-state relations since 1981; and

Whereas, the Republic of China is a willing and contributing member of the world community, distinguishing itself in the areas of education, economy, and democratization; and

Whereas, the State of South Carolina looks forward to facilitating and enhancing trade and investment opportunities with Taiwan; and

Whereas, on March 20, 2004, the Republic of China Presidential Election will demonstrate to all that democracy flourishes in Taiwan, and its people can freely express their will and determine their own futures without coercion, such as the hostile missile deployment from Mainland China. 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 commend Taiwan on its full-fledged democracy, its contributions to promote world peace, freedom, and human rights, and support its efforts to join the United Nations, the World Health Organization, and other international organizations.

Be it further resolved that the "Taiwan Friendship Group" be established in the South Carolina General Assembly and that members of this body are encouraged to join the group in concerted efforts to further promote mutually beneficial relations between South Carolina and Taiwan.

The Concurrent Resolution was adopted and sent to the Senate.


Printed Page 1858 . . . . . Tuesday, March 16, 2004

MOTION PERIOD

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

H. 4548--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4548 (Word version) -- Reps. Duncan and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-1215 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES, BASED ON A SUFFICIENT SHOWING AFTER NOTICE AND IN THE MANNER REQUIRED BY THIS ARTICLE, SHALL SUSPEND FOR TWO YEARS THE HUNTING PRIVILEGES AND LICENSE, IF ANY, OF A PERSON WHO ACCIDENTALLY OR INTENTIONALLY SHOOTS LIVESTOCK WHILE HUNTING DEER, AND TO PROVIDE THAT BEFORE THE SUSPENSION PERIOD MAY BE LIFTED, THE OFFENDER SUCCESSFULLY SHALL COMPLETE A HUNTER EDUCATION CLASS OR COURSE APPROVED BY THE DEPARTMENT EDUCATING THE OFFENDER ON THE PROPER USE OF WEAPONS, GAME IDENTIFICATION, AND SAFETY.

Rep. TRIPP proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12266AC04), which was adopted:
Amend the bill, as and if amended, by striking Section 50-9-1215 of the 1976 Code as contained in SECTION 1, and inserting:
/   Section 50-9-1215.   Any person who is convicted of or pleads guilty or nolo contendere to a criminal offense resulting from the shooting of any bovine or equine animal shall also have his hunting privileges suspended for a period of two years. In addition, before the suspension period may be lifted, the offender successfully shall complete a hunter education class or course approved by the department educating the offender on the proper use of weapons, game identification, and safety. /
Renumber sections to conform.
Amend title to conform.

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


Printed Page 1859 . . . . . Tuesday, March 16, 2004

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

Yeas 91; Nays 5

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
G. Brown               J. Brown               Cato
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Emory                  Freeman
Frye                   Gilham                 Hagood
Hamilton               Harrell                Haskins
Hayes                  Herbkersman            M. Hines
Hinson                 Howard                 Huggins
Jennings               Keegan                 Kirsh
Koon                   Leach                  Limehouse
Loftis                 Lourie                 Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Scarborough
Scott                  Sinclair               Skelton
D. C. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Stewart                Stille
Taylor                 Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Wilkins                Witherspoon
Young

Total--91


Printed Page 1860 . . . . . Tuesday, March 16, 2004

Those who voted in the negative are:
Lucas                  G. M. Smith            Talley
Thompson               Weeks

Total--5

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

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

The following was introduced:

H. 4945 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND EXPRESS THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO GORDON NEVILLE CLARKSON, ESQUIRE, OF NEWBERRY COUNTY, ON THE OCCASION OF HIS RETIREMENT AND TO COMMEND HIM FOR FIFTY YEARS OF DEDICATED AND DISTINGUISHED SERVICE AS A MEMBER OF THE NEWBERRY COUNTY BAR.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4946 (Word version) -- Reps. Govan, Hosey, Scott, J. Hines, Ott, Rhoad, Bales, Battle, Branham, Breeland, J. Brown, Clark, Clyburn, Cobb-Hunter, Gourdine, M. Hines, Mack, Martin, J. H. Neal, Parks, Richardson, Weeks, Allen, Altman, Anthony, Bailey, Barfield, Bingham, Bowers, G. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mahaffey, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence,


Printed Page 1861 . . . . . Tuesday, March 16, 2004

J. M. Neal, Neilson, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rice, Rivers, Rutherford, Sandifer, Scarborough, 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, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION RECOGNIZING THE MANY CONTRIBUTIONS OF THE SOUTH CAROLINA STATE UNIVERSITY FAMILY LIFE CENTER (PROJECT FLAVA) AND WELCOMING THE FAMILY COMMUNITY VIOLENCE PREVENTION TECHNICAL ASSISTANCE WORKSHOP TO CHARLESTON ON MARCH 17, 2004.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4947 (Word version) -- Reps. Viers, Barfield, Hayes, Clemmons, Edge, Keegan, Miller and Witherspoon: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE COASTAL CAROLINA UNIVERSITY WOMEN'S CROSS-COUNTRY TEAM, WOMEN'S TRACK AND FIELD TEAM, AND THEIR COACHING STAFFS ON MARCH 18, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE TEAMS AND THEIR COACHING STAFFS FOR WINNING THE 2003 BIG SOUTH CONFERENCE AND THE 2004 BIG SOUTH INDOOR TRACK CHAMPIONSHIP, AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOMING A CHAMPIONSHIP TEAM.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the Coastal Carolina University Women's Cross-Country Team and Women's Track and Field Team, and their coaching staffs on March 18, 2004, at a time to be determined by the Speaker, to congratulate the


Printed Page 1862 . . . . . Tuesday, March 16, 2004

teams and their coaching staffs on winning the 2003 Big South Conference Championship and the 2004 Big South Conference Indoor Track Championship, and to commend them for their hard work, competitive spirit, and dedication to becoming a championship team.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4948 (Word version) -- Reps. Weeks and G. M. Smith: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR MR. ODELL WILLIAMS OF SUMTER ON BEING NAMED SCOTTISH RITE MASON OF THE YEAR AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4949 (Word version) -- Reps. G. M. Smith, Weeks, 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, 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, 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. 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, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JUDGE MARION D. MYERS OF SUMTER COUNTY UPON HIS RETIREMENT AS FAMILY COURT JUDGE FOR THE THIRD


Printed Page 1863 . . . . . Tuesday, March 16, 2004

CIRCUIT ON JUNE 30, 2004, AFTER TWENTY YEARS OF CONTINUOUS SERVICE AND TO EXTEND TO HIM BEST WISHES IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4950 (Word version) -- Reps. Viers, 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, 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, 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, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE COASTAL CAROLINA UNIVERSITY WOMEN'S CROSS-COUNTRY TEAM FOR WINNING THE 2003 BIG SOUTH CONFERENCE CHAMPIONSHIP, THE WOMEN'S TRACK AND FIELD TEAM FOR WINNING THE 2004 BIG SOUTH CONFERENCE INDOOR TRACK CHAMPIONSHIP, AND BOTH TEAMS FOR THEIR MANY OTHER ATHLETIC AND ACADEMIC ACHIEVEMENTS, AND TO WISH BOTH TEAMS' MEMBERS AND THEIR COACHES CONTINUED SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

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


Printed Page 1864 . . . . . Tuesday, March 16, 2004

CONCURRENT RESOLUTION

The following was introduced:

H. 4951 (Word version) -- Reps. Viers, Clemmons, Edge, Barfield, Miller, Hayes and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF SOUTH CAROLINA HIGHWAY 544 AND SOUTH CAROLINA HIGHWAY 31 (CAROLINA BAYS PARKWAY) IN HORRY COUNTY IN HONOR OF REPRESENTATIVE THOMAS G. KEEGAN UPON HIS RETIREMENT FROM THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES AT THIS INTERCHANGE CONTAINING THE WORDS "THOMAS G. KEEGAN INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4952 (Word version) -- Reps. E. H. Pitts, Toole and Huggins: A BILL TO AMEND SECTION 12-24-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IN CONNECTION WITH COLLECTION OF THE STATE'S PORTION OF THE DEED RECORDING FEE, SO AS TO PROVIDE THAT THE STATED PENALTY IS THE EXCLUSIVE PENALTY TO WHICH A CLERK OF COURT OR REGISTER OF DEEDS IS SUBJECT FOR FAILURE TO COLLECT AND REMIT THE FEE DUE; TO AMEND SECTION 12-54-210, RELATING TO REQUIREMENTS FOR MAKING RETURNS OF TAXES, FEES, LICENSES, OR SURCHARGES ADMINISTERED BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE PENALTY STATED IN SECTION 12-24-120 IS THE EXCLUSIVE PENALTY TO WHICH A CLERK OF COURT OR REGISTER OF DEEDS IS SUBJECT FOR FAILURE TO COLLECT AND REMIT THE STATE'S PORTION OF THE RECORDING FEE; AND TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO EXCLUDE FROM "TAXPAYER" A CLERK OF COURT OR


Printed Page 1865 . . . . . Tuesday, March 16, 2004

REGISTER OF DEEDS COLLECTING AND REMITTING THE STATE'S PORTION OF RECORDING FEES.
Referred to Committee on Ways and Means

H. 4953 (Word version) -- Reps. E. H. Pitts, Toole and Huggins: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE OF FEES AND COSTS COLLECTED BY REGISTERS OF DEEDS, SO AS TO PROVIDE THAT A SEPARATELY EXECUTED ASSIGNMENT IS A SEPARATE INSTRUMENT FOR PURPOSES OF COLLECTING THE RECORDING FEE, EVEN IF IT IS FILED SIMULTANEOUSLY WITH THE MORTGAGE IT ASSIGNS.
Referred to Committee on Judiciary

H. 4954 (Word version) -- Reps. E. H. Pitts, Toole and Huggins: A BILL TO AMEND SECTION 12-39-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF SALES OR OTHER CONVEYANCES OF REAL PROPERTY BY THE COUNTY AUDITOR, SO AS TO DELETE THE REQUIREMENT OF, AND FEE FOR, THE AUDITOR'S ENDORSEMENT ON A DEED; AND TO REPEAL SECTION 12-37-100 RELATING TO ENDORSEMENT OF A DEED BY THE COUNTY ASSESSOR, AND SECTION 30-5-80 RELATING TO ENDORSEMENT OF A DEED BY A COUNTY AUDITOR.
Referred to Committee on Judiciary

H. 4955 (Word version) -- Reps. E. H. Pitts, Toole and Huggins: A BILL TO AMEND SECTION 30-5-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF A DERIVATION CLAUSE IN A RECORDED DEED OR MORTGAGE, SO AS TO REQUIRE THAT A DERIVATION CLAUSE ALSO BE INCLUDED ON A CONTRACT OF SALE OR BOND FOR TITLE OF REAL PROPERTY BEFORE IT IS ACCEPTED FOR RECORDING AND TO DEFINE CONTRACT OF SALE AND BOND FOR TITLE.
Referred to Committee on Judiciary

H. 4956 (Word version) -- Reps. E. H. Pitts, Toole and Huggins: A BILL TO AMEND SECTION 29-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING SATISFACTIONS OF MORTGAGES IN PUBLIC


Printed Page 1866 . . . . . Tuesday, March 16, 2004

RECORDS, SO AS TO DELETE THE REQUIREMENT THAT AN ATTORNEY'S AFFIDAVIT OF SATISFACTION BE PROBATED OR ACKNOWLEDGED.
Referred to Committee on Judiciary

H. 4957 (Word version) -- Reps. E. H. Pitts, Toole and Huggins: A BILL TO AMEND SECTION 29-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MECHANIC'S LIEN IF SUIT FOR ENFORCEMENT OF THE LIEN IS NOT COMMENCED WITHIN SIX MONTHS OF ITS FILING, SO AS TO PROVIDE FOR THE FORM AND SUBSTANCE OF AN "AFFIDAVIT OF CANCELLATION OF MECHANIC'S LIEN" FOR FILING AS RECORD PROOF OF DISSOLUTION OF THE LIEN.
Referred to Committee on Judiciary

H. 4958 (Word version) -- Reps. Richardson and Kirsh: A BILL TO PROVIDE THAT SCHOOL DISTRICTS ONE THROUGH FOUR OF YORK COUNTY MAY NOT EXCEED THE CAP SET FOR MILLAGE ALLOWED TO BE ESTABLISHED TO COMPLY WITH THE MAINTENANCE OF LOCAL EFFORT REQUIREMENT PURSUANT TO THE EDUCATION FINANCE ACT.
On motion of Rep. RICHARDSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4959 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 38-90-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE EMPLOYERS WHO WOULD OTHERWISE QUALIFY AS A SELF-INSURER TO OFFER WORKERS' COMPENSATION COVERAGE DIRECTLY THROUGH A CAPTIVE INSURANCE COMPANY.
Referred to Committee on Labor, Commerce and Industry

H. 4960 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 56 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE


Printed Page 1867 . . . . . Tuesday, March 16, 2004

TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. DUNCAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4961 (Word version) -- Reps. Talley and Lee: A JOINT RESOLUTION TO AMEND ACT 761 OF 1964, RELATING TO THE CREATION OF THE ARKWRIGHT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO ITS BOARD OF FIRE CONTROL WHO BOTH SHALL SERVE FOR A TERM OF SIX YEARS.
On motion of Rep. TALLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 883 (Word version) -- Senators Fair, Ryberg, Waldrep, Short, Thomas, Mescher, Verdin and Cromer: A BILL TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION, AND TO ALLOW A COURT TO LIMIT THE NUMBER OF LAWSUITS FILED AGAINST A PERSON, AGENCY, OR ENTITY UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.
Referred to Committee on Judiciary


Printed Page 1868 . . . . . Tuesday, March 16, 2004

H. 4912--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4912 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004.

Rep. JENNINGS proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3851DW04), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1, page 1, line 19, by deleting /Zone/ and inserting / Zones 5 and /.
Renumber sections to conform.
Amend title to conform.

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4932 (Word version) -- Reps. Scott, 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, 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, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, 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 AND


Printed Page 1869 . . . . . Tuesday, March 16, 2004

COMMEND REVEREND CALVIN ROBINSON, PASTOR OF THE BETHLEHEM BAPTIST CHURCH IN SALUDA, SOUTH CAROLINA, FOR HIS GLORIOUS SERVICE TO THE CHURCH AND TO HIS COMMUNITY.

ADJOURNMENT

At 1:10 p.m. the House, in accordance with the motion of Rep. HINSON, adjourned in memory of Frances "Dale" Rhoney of Ladson, to meet at 10:00 a.m. tomorrow.

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