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

Tuesday, January 27, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Isaiah 64:5: "You come to the help of those who gladly do right, who remember Your ways."
Let us pray. Gracious God, under the weight of great responsibility and the burden of leadership hold these Your people up, give them strength, courage, and wisdom. Guide them by Your hand to provide for the needs of all. Bless our Nation and State and keep our leaders in Your care. For our defenders of freedom, especially those in harm's way, keep them safe. Hear our prayer, O God. 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.

MOTION ADOPTED

Rep. COATES moved that when the House adjourns, it adjourn in memory of Rowland McLaughlin of Florence County, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., January 22, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hutto, Verdin and Knotts of the Committee of Conference on the part of the Senate on H. 3889:

H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter, Umphlett, Snow, Frye and Koon: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.

Very respectfully,
President
Received as information.

CONCURRENT RESOLUTION

The following was introduced:

H. 4607 (Word version) -- Reps. Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, 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, Sheheen, 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 MS. CLAUDIA H. BURLEY OF FLORENCE COUNTY FOR FORTY YEARS OF SERVICE WITH THE SURMFIT STONE CORPORATION AND WISH HER MUCH HAPPINESS DURING HER RETIREMENT YEARS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4608 (Word version) -- Reps. J. R. Smith, Perry and D. C. Smith: A CONCURRENT RESOLUTION RECOGNIZING THE NAVAL JUNIOR ROTC OF SILVER BLUFF HIGH SCHOOL IN AIKEN COUNTY ON ITS OUTSTANDING PERFORMANCE AT THE STATEWIDE DRILL EVENT JANUARY 17, 2004, EARNING THE OVERALL STATE OF SOUTH CAROLINA NJROTC DRILL CHAMPIONSHIP.

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

HOUSE RESOLUTION

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

H. 4609 (Word version) -- Reps. J. R. Smith, Perry and D. C. Smith: A HOUSE RESOLUTION GRANTING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER TO THE SILVER BLUFF HIGH SCHOOL NAVAL JUNIOR ROTC FOR THE PURPOSE OF RECOGNIZING ITS TOP FINISH IN THE 2004 STATE DRILL CHAMPIONSHIP.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4610 (Word version) -- Reps. Chellis, Dantzler, Gourdine, Bailey, Young, Altman and Umphlett: A CONCURRENT RESOLUTION TO REQUEST THE BUDGET AND CONTROL BOARD TO NAME THE CHAPEL AT THE MACDOUGALL CORRECTIONAL INSTITUTION AT RIDGEVILLE IN HONOR OF JAMES W. "JIMMY" DUKES WHO HAS PARTICIPATED IN MINISTRIES AND PROJECTS AT THIS FACILITY SINCE IT OPENED AND WHO WAS THE PERSON MOST INSTRUMENTAL IN THE BUILDING OF THE CHAPEL.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4611 (Word version) -- Reps. Miller and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-965 SO AS TO DESIGNATE CERTAIN AREAS ADJACENT TO HUNTINGTON BEACH STATE PARK IN GEORGETOWN COUNTY AS A BIRD SANCTUARY AND TO PROVIDE PENALTIES FOR VIOLATION OF PROVISIONS PROHIBITING THE HUNTING OR MOLESTATION OF BIRDS IN THIS SANCTUARY.
Rep. MILLER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. WITHERSPOON objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4612 (Word version) -- Rep. Skelton: A BILL TO AMEND SECTION 59-119-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON THE ISSUANCE OF ATHLETIC FACILITY REVENUE BONDS BY CLEMSON UNIVERSITY SO AS TO INCREASE FROM FORTY MILLION DOLLARS TO SIXTY MILLION DOLLARS THE MAXIMUM AMOUNT OF THESE BONDS WHICH MAY BE OUTSTANDING AT ANY TIME.
Referred to Committee on Ways and Means

H. 4613 (Word version) -- Rep. Skelton: A BILL TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN OFFENSES CONCERNING A PERSON OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO INCREASE THE FINE FOR A FIRST OFFENSE.
Referred to Committee on Judiciary

H. 4615 (Word version) -- Reps. Owens, Anthony, Cato, Loftis, Rice and Sandifer: A BILL TO AMEND SECTION 6-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS TO BUY POWER BETWEEN A JOINT POWER AND ENERGY AGENCY AND ITS CONSTITUENT MUNICIPALITIES, SO AS TO PROVIDE FOR THE EXTENSION OF CONTRACTS TO BUY POWER BEYOND THE ORIGINAL FIFTY-YEAR LIMIT WHEN THE DATE OF OPERATION OF THE ELECTRICAL UTILITY AGENT IS EXTENDED BY ALL AGENCIES HAVING JURISDICTION OVER SUCH AN EXTENSION.
Referred to Committee on Labor, Commerce and Industry

CONCURRENT RESOLUTION

The following was introduced:

H. 4614 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 39 IN SALUDA COUNTY THE "UNCLE BILL EARGLE MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS CONTAINING THE WORDS "UNCLE BILL EARGLE MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 756 (Word version) -- Senators Alexander, Knotts and Reese: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF FEBRUARY 1-7, 2004, AS BURN AWARENESS WEEK IN SOUTH CAROLINA AND TO COMMEND THE SHRINERS OF NORTH AMERICA FOR PROMOTING BURN SAFETY AND AWARENESS.

Whereas, severe burn injuries are a leading cause of deaths and injuries in North America, especially among young children; and

Whereas, every year more than 2 million people suffer burn injuries of some kind, and more than one of every three burn victims are children; and

Whereas, the Shriners of North America operates four Shriners Hospitals that provide medical care totally free of charge to severely burned children; and

Whereas, the Shriners of North America and Shriners Hospitals join with other burn facilities across the nation in recognizing the seriousness of this hazard and the urgent need to educate the public about burn prevention and fire safety; and

Whereas, it is fitting and appropriate to acknowledge the contributions of the Shriners of North America and to commend the Shriners for their continued support and care for young burn victims. Now, therefore,

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

That the members of the General Assembly, by this resolution, declare the week of February 1-7, 2004, as Burn Awareness Week in South Carolina and commend the Shriners of North America for promoting burn safety and awareness.

Be it further resolved that a copy of this resolution be forwarded to the Shriners of North America.

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

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cooper                 Dantzler
Delleney               Duncan                 Freeman
Frye                   Gourdine               Govan
Hagood                 Harrell                Harrison
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Koon                   Limehouse
Lloyd                  Loftis                 Lourie
Lucas                  Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 J. M. Neal             Ott
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Rivers
Rutherford             Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Snow
Stewart                Stille                 Taylor
Thompson               Toole                  Tripp
Trotter                Umphlett               Viers
Walker                 Weeks                  Whipper
White                  Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, January 27.

Karl Allen                        Thomas Rhoad
Bill Cotty                        William R. "Bill" Whitmire
Anne Parks                        Lanny Littlejohn
Tracy Edge
Doug Smith   Joseph Neal

Total Present--100

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. E. SMITH a leave of absence for the week due to military duty.

LEAVE OF ABSENCE

The SPEAKER granted Rep. F. N. SMITH a leave of absence due to appearing in Federal Court.

LEAVE OF ABSENCE

The SPEAKER granted Rep. COLEMAN a leave of absence for the week of January 27 due to being in Federal Court and not being excused by the Judge to attend session.

CO-SPONSORS ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3636 (Word version)
Date:   ADD:
01/27/04   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3594 (Word version)
Date:   ADD:
01/27/04   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4449 (Word version)
Date:   ADD:
01/27/04   MERRILL

CO-SPONSOR ADDED

Bill Number:   H. 4449 (Word version)
Date:   ADD:
01/27/04   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 4476 (Word version)
Date:   ADD:
01/27/04   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 4476 (Word version)
Date:   ADD:
01/27/04   MERRILL

CO-SPONSOR ADDED

Bill Number:   H. 3468 (Word version)
Date:   ADD:
01/27/04   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
01/27/04   TOOLE

H. 4405--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill until Wednesday, January 28, which was adopted:

H. 4405 (Word version) -- Reps. Cato, Wilkins, Sandifer and Weeks: A BILL TO AMEND SECTION 58-27-865, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUEL COSTS INCURRED BY ELECTRICAL UTILITIES FOR THE SALE OF ELECTRICITY, SO AS TO FURTHER CLARIFY THAT THE TERM "FUEL COSTS RELATED TO PURCHASED POWER" INCLUDES COSTS OF FIRM GENERATION CAPACITY PURCHASES AND THE TOTAL DELIVERED COST OF ECONOMY PURCHASES OF ELECTRIC POWER.

H. 4115--DEBATE ADJOURNED

Rep. J. BROWN moved to adjourn debate upon the following Bill until Wednesday, January 28, which was adopted:

H. 4115 (Word version) -- Reps. Lourie, Parks, Littlejohn, Weeks and McLeod: A BILL TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT OF 2003 BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE PROGRAM TO CONDUCT SURVEILLANCE AND MONITORING OF BIRTH DEFECTS AND TO MAINTAIN A CENTRAL DATABASE OF THIS INFORMATION; TO REQUIRE VARIOUS HEALTHCARE PROVIDERS TO PROVIDE ACCESS TO BIRTH DEFECT INFORMATION; TO PROVIDE PROCEDURES FOR DISCLOSURE OF INFORMATION; AND TO PROVIDE IMMUNITY AND CONFIDENTIALITY PROVISIONS AND PENALTIES FOR VIOLATIONS.

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

ADJOURNMENT

At 2:25 p.m. the House, in accordance with the motion of Rep. COATES, adjourned in memory of Rowland McLaughlin of Florence County, to meet at 10:00 a.m. tomorrow.

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