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


Printed Page 3352 . . . . . Wednesday, May 5, 2004

Wednesday, May 5, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Isaiah 40:30-31: "Even youths grow tired and weary, and young men stumble and fall; but those who hope in the Lord will renew their strength."
Let us pray. Dear Heavenly Father, we hold up before You today family care givers of South Carolina. Let them know of Your presence and give them the strength to carry the burden of love and caring for loved ones. Bless these men and women as they strive to do the best for Your people. Give them courage, wisdom, and understanding in dealing with the work at hand. Comfort those who are sick and those recovering. Bless our leaders of this State and Nation. Be the protector of our defenders of freedom who serve in our stead. Comfort those who wait at home. In Your name we pray. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. E. H. PITTS moved that when the House adjourns, it adjourn in memory of Glen Sanders of Lexington, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 4509 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-81 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO PAY A PREMIUM FOR THE PREPAID LEGAL INSURANCE OF A STATE EMPLOYEE BY MEANS OF PAYROLL


Printed Page 3353 . . . . . Wednesday, May 5, 2004

DEDUCTION AND TO PROVIDE THE CONDITIONS APPLICABLE WITH RESPECT TO THE PAYROLL DEDUCTION.
Ordered for consideration tomorrow.

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

H. 5088 (Word version) -- Reps. Anthony, Jennings and Simrill: A BILL TO AMEND SECTION 23-35-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND STORAGE OF CLASS "B" FIREWORKS USED FOR DISPLAY OR AGRICULTURAL PURPOSES, SO AS TO PROVIDE THAT DISPLAY OF CLASS "B" FIREWORKS RETURNED TO A WHOLESALER MUST BE RETURNED IN THE SAME MANNER THEY WERE SOLD, ISSUED, OR SHIPPED, INCLUDING ANY PROTECTIVE DEVICE ATTACHED TO THE FUSE OR FUSES.
Ordered for consideration tomorrow.

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

H. 5119 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES.
Ordered for consideration tomorrow.

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

S. 763 (Word version) -- Senators Ravenel, Knotts and Kuhn: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR VOTER REGISTRATION, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICANT'S SOCIAL SECURITY NUMBER BE PLACED ON THE APPLICATION FORM.
Ordered for consideration tomorrow.


Printed Page 3354 . . . . . Wednesday, May 5, 2004

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

H. 5094 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY.
Ordered for consideration tomorrow.

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

S. 1070 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO DESIGNATE THE FIRST WEEK IN JUNE OF EACH YEAR AS SOUTH CAROLINA STATE GUARD WEEK IN SOUTH CAROLINA.
Ordered for consideration tomorrow.

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

H. 4869 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON PARKING ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE OWNER OF COMMERCIAL PROPERTY TO POST A NOTICE ON HIS PROPERTY THAT PROHIBITS PARKING, AND TO DELETE A CODE REFERENCE; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIRS OR STORAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING LIENS FOR REPAIRS OR STORAGE OF VEHICLES; TO AMEND SECTION 56-5-2525,


Printed Page 3355 . . . . . Wednesday, May 5, 2004

RELATING TO REQUIRING A TOWING COMPANY THAT TOWS A MOTOR VEHICLE WITHOUT ITS OWNER'S KNOWLEDGE TO NOTIFY A LAW ENFORCEMENT AGENCY THAT IT TOWED THE VEHICLE, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT RECEIVES THIS NOTICE MUST CREATE A REPORT AND FURNISH THE TOWING COMPANY WITH ITS DOCUMENT NUMBER, AND PROVIDE THAT NOTIFICATION IS NOT REQUIRED WHEN TOWING IS DONE AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO CERTAIN NOTICE THAT MUST BE PROVIDED TO OWNERS AND LIENHOLDERS OF VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, SO AS TO REVISE THE DEFINITION OF THE TERM "VEHICLE", TO REVISE THE CONTENTS OF THE NOTICE THAT MUST BE PROVIDED TO THE OWNERS AND LIENHOLDERS OF THE VEHICLES, TO DELETE THE PROVISION THAT ALLOWS CERTAIN STORAGE COSTS TO BE RECOVERED FROM THE PROCEEDS OF THE SALE OF THE VEHICLES, AND TO PROVIDE THAT COSTS ASSOCIATED WITH TOWING AND STORAGE OF CERTAIN STOLEN VEHICLES MAY BE RECOVERED UPON THE COURT'S ORDER OF RESTITUTION; TO AMEND SECTION 56-5-5635, RELATING TO LAW ENFORCEMENT TOWING PROCEDURES, SO AS TO PROVIDE THAT CERTAIN FEES MAY BE RECOVERED BY A TOWING OR STORAGE OPERATOR EVEN THOUGH HE HAS FAILED TO PROVIDE A LAW ENFORCEMENT AGENCY A LIST DESCRIBING THE VEHICLES OR OTHER PROPERTY THE AGENCY HAS REQUESTED TO BE TOWED, TO REVISE THE AMOUNT OF STORAGE COSTS THAT MAY BE CHARGED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE PROCEDURE TO NOTIFY OWNERS AND LIENHOLDERS OF VEHICLES, TO REVISE THE PROCEDURE TO ALLOW THE STORAGE FACILITY TO RELEASE CERTAIN ITEMS CONTAINED IN A STORED VEHICLE TO ITS OWNER, AND TO PROVIDE A PROCEDURE FOR LAW ENFORCEMENT AGENCIES TO FOLLOW WHEN THEY STORE VEHICLES ON THEIR PREMISES FOR SALE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF UNCLAIMED VEHICLES AND THE DISPOSITION OF THE PROCEEDS FROM THEIR SALE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, CHANGE A CODE REFERENCE, AND TO PROVIDE

Printed Page 3356 . . . . . Wednesday, May 5, 2004

THAT THE MAGISTRATE SHALL NOTIFY CERTAIN PERSONS THAT THEY MAY CLAIM THE PROCEEDS FROM THE SALE OF A VEHICLE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF A STORAGE PLACE; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO THE ATTACHMENT OF COLORED TAGS ON CERTAIN VEHICLES THAT ARE LEFT UNATTENDED ON A HIGHWAY OR PUBLIC OR PRIVATE PROPERTY, SO AS TO PROVIDE THAT THE COLORED TAG SHALL SERVE AS THE ONLY LEGAL NOTICE THAT THE VEHICLE WILL BE REMOVED TO A DESIGNATED PLACE TO BE SOLD IF THE VEHICLE IS NOT REMOVED WITHIN A CERTAIN PERIOD OF TIME, AND TO DELETE ALL PROVISIONS THAT RELATE TO NOTICE REQUIREMENTS BEFORE THE VEHICLE IS SOLD AND THE SALE OF THE VEHICLE; AND TO AMEND SECTION 56-19-840, RELATING TO REQUIRING AN OPERATOR OF A PLACE OF BUSINESS FOR GARAGING, REPAIRING, PARKING, OR STORING CERTAIN VEHICLES TO REPORT UNCLAIMED VEHICLES IN HIS POSSESSION TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE REPORT MAY BE SUBMITTED BEFORE THE EXPIRATION OF THE REPORTING PERIOD, BUT NOT AFTER THE PERIOD EXPIRES, AND TO REVISE THE DEFINITION OF THE TERM "UNCLAIMED".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 5208 (Word version) -- Reps. J. E. Smith and Herbkersman: A HOUSE RESOLUTION TO PROCLAIM MAY 2004 AS "BICYCLE SAFETY MONTH" IN SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO RECOGNIZE THE BENEFITS OF BICYCLING AND EFFORTS MADE TO IMPROVE BICYCLE SAFETY, AND TO REMIND ALL DRIVERS TO "SHARE THE ROAD".

Whereas, in addition to being a key form of recreation and fitness, bicycling can be a significant mode of transportation for South Carolina, in that it has the potential to help ease congestion on our streets and highways; and


Printed Page 3357 . . . . . Wednesday, May 5, 2004

Whereas, today millions of Americans cycle because it is a sustainable and environmentally sound form of transportation, well within the reach of families of nearly all income levels; and

Whereas, bicycle touring and bicycle vacations are proving to be a unique means for visitors to see South Carolina's "Smiling Faces and Beautiful Places" up close; and

Whereas, the continuing task of teaching bicycle safety to riders of all ages remains a vital undertaking, with programs such as bicycle rodeos and helmet promotions being offered by a partnership of schools, law enforcement, civic groups, dedicated volunteers, the business community, and government agencies; and

Whereas, the Palmetto Cycling Coalition, the League of American Bicyclists, and numerous local bicycle clubs throughout South Carolina, as well as concerned individuals, are working together to promote greater awareness of the benefits of cycling and are working with government agencies at all levels to help improve cycling conditions. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, do hereby proclaim May 2004 as "Bicycle Safety Month" in South Carolina and encourage all South Carolinians to recognize the benefits of bicycling and efforts of our citizens to improve bicycle safety and injury prevention and remind drivers to "Share the Road" with bicyclists.

Be it further resolved that a copy of this resolution be forwarded to Palmetto Cycling Coalition.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1224 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE GENERAL ASSEMBLY UPON THE DEATH OF HENRY RUFUS


Printed Page 3358 . . . . . Wednesday, May 5, 2004

CAUGHMAN, JR. OF ORANGEBURG COUNTY, TUESDAY, DECEMBER 23, 2003, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

INTRODUCTION OF BILL

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

S. 1219 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 44-7-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE ORANGEBURG-CALHOUN REGIONAL HOSPITAL, SO AS TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO MAKE THE APPOINTMENTS TO THE BOARD AND PROVIDE THAT THE GOVERNING BODIES OF ORANGEBURG AND CALHOUN COUNTIES SHALL MAKE THE APPOINTMENTS ACCORDING TO THE PRO RATA METHOD PRESCRIBED IN THIS SECTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Branham
Breeland               J. Brown               R. Brown
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson

Printed Page 3359 . . . . . Wednesday, May 5, 2004

Howard                 Keegan                 Kennedy
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Sinclair               Skelton                D. C. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Trotter                Umphlett               Vaughn
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 5.

William Bowers                    John Scott
Douglas Jennings                  Fletcher Smith
Gilda Cobb-Hunter                 Seth Whipper
Chip Huggins                      G. Murrell Smith
Bessie Moody-Lawrence             Thad Viers
Daniel Tripp                      Becky Martin
Todd Rutherford                   David Weeks
Joseph Neal
Grady Brown   Gary Simrill

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. CATO a leave of absence for the day.


Printed Page 3360 . . . . . Wednesday, May 5, 2004

STATEMENT OF ATTENDANCE

Rep. JENNINGS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 4.

DOCTOR OF THE DAY

Announcement was made that Dr. James R. Pruitt of Seneca is the Doctor of the Day for the General Assembly.

CO-SPONSOR 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 REMOVED

Bill Number:   H. 5027 (Word version)
Date:   REMOVE:
05/05/04   MILLER

ORDERED TO THIRD READING

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

S. 1213 (Word version) -- Senators Knotts, Setzler, Courson and Cromer: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE


Printed Page 3361 . . . . . Wednesday, May 5, 2004

COMMISSION SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.

SENT TO THE SENATE

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

H. 4801 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.

H. 4805--REQUEST FOR DEBATE WITHDRAWN AND ORDERED TO THIRD READING

Upon the withdrawal of a request for debate by Rep. SCOTT, the following Bill was taken up:

H. 4805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE OBTAINED; TO AMEND SECTION 56-9-351, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN CERTAIN MOTOR VEHICLE


Printed Page 3362 . . . . . Wednesday, May 5, 2004

ACCIDENTS, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE THE PROVISIONS CONTAINED IN THIS SECTION BECOME APPLICABLE; AND TO AMEND SECTION 56-9-359, RELATING TO THE AMOUNT OF SECURITY THE DEPARTMENT OF MOTOR VEHICLES MAY ORDER A PERSON TO DEPOSIT, SO AS TO REVISE THE MINIMUM AMOUNT OF SECURITY THAT MAY BE REQUIRED BY THE DEPARTMENT.

Rep. GILHAM explained the Bill.

The Bill was read second time and ordered to third reading.

H. 4115--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

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. J. BROWN explained the Senate Amendments.


Printed Page 3363 . . . . . Wednesday, May 5, 2004

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3473--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3473 (Word version) -- Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, J. E. Smith, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn and Witherspoon: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4130--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4130 (Word version) -- Reps. Cato, Tripp, G. R. Smith, Anthony and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE


Printed Page 3364 . . . . . Wednesday, May 5, 2004

CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3460--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3460 (Word version) -- Reps. Jennings, Lucas, F. N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 3365 . . . . . Wednesday, May 5, 2004

S. 658--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 5111--SENT TO THE SENATE

The following Bill was taken up:

H. 5111 (Word version) -- Reps. Witherspoon, Frye, McLeod, Coleman, Bailey, Martin, Townsend, Sinclair, Barfield, Cobb-Hunter, Rutherford, Mack, Rhoad, Ott, Duncan, J. H. Neal, Emory, J. M. Neal, Whitmire, Thompson, Cooper, Anthony, Bales, Bowers, R. Brown, Clemmons, Coates, Davenport, Freeman, Govan, Herbkersman, J. Hines, Hosey, Jennings, Keegan, Kennedy, Koon, Lee, Limehouse, Loftis, Neilson, Pinson, M. A. Pitts, Rivers, Sandifer, F. N. Smith, G. M. Smith, Snow, Talley, Taylor, Toole, Umphlett, Weeks, Whipper and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO


Printed Page 3366 . . . . . Wednesday, May 5, 2004

AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A UNIFORM SYSTEM OF MILK CONTROL, TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

Rep. ALTMAN spoke against the Bill.
Rep. ALTMAN spoke against the Bill.

Rep. THOMPSON moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. WITHERSPOON moved to table the motion.

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

Yeas 70; Nays 36

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Breeland
J. Brown               R. Brown               Clark
Clemmons               Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gourdine               Harrison
Hayes                  Herbkersman            J. Hines
Howard                 Huggins                Jennings
Kennedy                Koon                   Littlejohn
Lloyd                  Lucas                  Mack

Printed Page 3367 . . . . . Wednesday, May 5, 2004

Mahaffey               Martin                 McCraw
McGee                  McLeod                 Miller
J. M. Neal             Neilson                Ott
Parks                  E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Scott
Sinclair               F. N. Smith            G. R. Smith
J. R. Smith            Snow                   Talley
Taylor                 Toole                  Townsend
Trotter                Umphlett               Viers
Weeks                  Whipper                Whitmire
Witherspoon

Total--70

Those who voted in the negative are:

Altman                 Branham                Ceips
Chellis                Hagood                 Hamilton
Harrell                Haskins                M. Hines
Hinson                 Keegan                 Kirsh
Leach                  Limehouse              Loftis
Lourie                 Merrill                Moody-Lawrence
Owens                  Perry                  Pinson
Rice                   Richardson             Sandifer
Scarborough            Simrill                Skelton
D. C. Smith            G. M. Smith            Stille
Thompson               Tripp                  Vaughn
White                  Wilkins                Young

Total--36

So, the motion to recommit the Bill was tabled.

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

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

Yeas 76; Nays 33


Printed Page 3368 . . . . . Wednesday, May 5, 2004

Those who voted in the affirmative are:
Allen                  Anthony                Bailey
Bales                  Barfield               Bingham
Bowers                 Breeland               J. Brown
R. Brown               Clark                  Clemmons
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Hayes
Herbkersman            J. Hines               Howard
Huggins                Jennings               Kennedy
Koon                   Leach                  Lee
Littlejohn             Lloyd                  Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Parks                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rivers                 Scott                  Sinclair
G. M. Smith            G. R. Smith            J. R. Smith
Snow                   Talley                 Taylor
Toole                  Townsend               Trotter
Umphlett               Viers                  Walker
Weeks                  Whipper                Whitmire
Witherspoon

Total--76

Those who voted in the negative are:

Altman                 Branham                Ceips
Chellis                Hagood                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Keegan                 Kirsh
Limehouse              Lourie                 Merrill
Owens                  Perry                  Rice
Richardson             Sandifer               Scarborough
Simrill                Skelton                D. C. Smith
J. E. Smith            Stewart                Stille

Printed Page 3369 . . . . . Wednesday, May 5, 2004

Thompson               Tripp                  Vaughn
White                  Wilkins                Young

Total--33

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

H. 5196--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5196 (Word version) -- Reps. Ceips and Scarborough: A CONCURRENT RESOLUTION TO RECOGNIZE THE VALUE OF SOUTH CAROLINA'S BEACHES AND COASTAL AREAS AND TO PROVIDE FOR THEIR PROTECTION AS A PUBLIC TRUST RESOURCE THROUGH THE IMPLEMENTATION OF POLICIES DESIGNED TO DEFEND AGAINST EROSION.

Whereas, the General Assembly recognizes that South Carolina's beaches and coastal area are vital to the state's economy and are enjoyed by residents and tourists alike; and

Whereas, it is the objective of the State to assure that these beaches are protected, well-managed, and maintained as a public trust resource entrusted to the State for the benefit of all; and

Whereas, the health of South Carolina's public beaches and dunes depends upon a sustained natural flow of sand in the dynamic near-shore area as these beaches change daily in response to tides, erosion, and accretion; and

Whereas, the beach-quality sand making up our beaches is a valuable resource owned by the State of South Carolina and any diminishment of the public trust resource carries with it an economic cost detrimental to the State; and

Whereas, it is the policy of the State to provide wise and balanced stewardship for this resource for the maximum benefit of our beaches and dunes and for our citizens and their economic improvement; and

Whereas, it is also the policy of the State to protect and manage all beach-quality sand resources and require whenever feasible that any


Printed Page 3370 . . . . . Wednesday, May 5, 2004

action to remove this sand from the near-shore beach and dune system be prohibited; and

Whereas, clean beach-quality sand dredged from inlets and navigation channels within the active near-shore, beach, or inlet shoal systems must not be removed permanently from the active near-shore, beach, or inlet shoal system; and

Whereas, the active near-shore area is defined as a distance not to exceed one-half mile inland from the mouth of the inlet, which is defined as the narrowest point of measurement from the high ground bordering each side of the inlet; and

Whereas, this dredged material must be disposed of whenever possible and feasible on the ocean beach or active near-shore area where it is environmentally acceptable and compatible with other uses of the beach; and

Whereas, in the interest of furthering the growth of South Carolina and in support of this objective, exceptions to this policy can be made for the use of this resource for other equally important public purposes if it can be demonstrated that this use is the most cost effective alternative and the removal of this amount of beach-quality sand will not significantly impact adjacent beaches; and

Whereas, it is the policy of the State of South Carolina that future construction of stabilizing jetty structures in inlets to facilitate navigation must be prohibited unless design features are considered into inlet stabilization projects to provide for the by-passing of beach-quality sand to the adjacent downdrift beach areas to prevent erosion of the downdrift adjacent beach; and

Whereas, it is further recognized and supported that the Charleston and Georgetown navigational channel projects and their existing jetties be evaluated by the state and federal government to determine the feasibility and benefit of retrofitting these structures with sand by-passing capacity to alleviate the erosion that these structures cause to adjacent downdrift beaches, and that federal funds be requested to fund this study as a federal responsibility. Now, therefore,


Printed Page 3371 . . . . . Wednesday, May 5, 2004

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, recognize the value of South Carolina's beaches and coastal areas and provide for their protection as a public trust resource through the implementation of policies designed to defend against erosion.

The Concurrent Resolution was adopted and sent to the Senate.

S. 1196--RECOMMITTED

The following Concurrent Resolution was taken up:

S. 1196 (Word version) -- Senators McConnell, Courson and Ford: A CONCURRENT RESOLUTION TO APPROVE THE SITE RECOMMENDED BY THE HUNLEY COMMISSION FOR THE DISPLAY AND EXHIBITION OF THE H. L. HUNLEY IN NORTH CHARLESTON, SOUTH CAROLINA, SUBJECT TO THE EXECUTION OF AN ACCEPTABLE CONTRACT BETWEEN THE HUNLEY COMMISSION AND THE CITY OF NORTH CHARLESTON.

Rep. LIMEHOUSE moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.

H. 5193--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5193 (Word version) -- Reps. Scarborough, Altman, Hagood, Harrell and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HARBOR VIEW ROAD OVER JAMES ISLAND CREEK IN CHARLESTON COUNTY THE DR. JULIAN THOMAS BUXTON, JR. BRIDGE AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "DR. JULIAN THOMAS BUXTON, JR. BRIDGE".

Whereas, Julian Thomas Buxton, Jr., M.D. was born in Sumter, South Carolina, and received his education and training at many


Printed Page 3372 . . . . . Wednesday, May 5, 2004

noteworthy institutions, including Woodberry Forest School, Princeton University, Johns Hopkins Medical School, Roosevelt Hospital, and the Medical University of South Carolina; and

Whereas, Dr. Buxton dutifully served his country as a Lieutenant Commander in the United States Navy; and

Whereas, he exemplified his concern for all peoples by his volunteer service in treating Vietnamese civilians in the surgical hospital at DaNang in 1966 and through his role in 1976 in the Episcopal Surgical Mission to the Dominican Republic; and

Whereas, Dr. Buxton served faithfully as a member of the Board of Directors for Roper Hospital for over thirty years, during which time he also served as President of the Medical Society of South Carolina from 1986-1989; and

Whereas, for his many years of commitment to medical education of health care professionals, the Julian T. Buxton, Jr., M.D. Education Endowment has been established; and

Whereas, through his devotion to South Carolina, and especially the Charleston region, and by his own demonstration of unwavering commitment to doing something because "it's the right thing to do", its citizens are able to enjoy access to outstanding quality and service provided by not-for-profit medicine; and

Whereas, in that Dr. Buxton represents the finest of all that is good about those who care for one another, it is proper and fitting that tribute be paid to him for his many contributions and outstanding attributes by naming a bridge in Charleston County in his honor. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, request the Department of Transportation to name the bridge on Harbor View Road over James Island Creek in Charleston County the Dr. Julian Thomas Buxton, Jr. Bridge and to install appropriate markers or signs at the bridge containing the words "Dr. Julian Thomas Buxton, Jr. Bridge".


Printed Page 3373 . . . . . Wednesday, May 5, 2004

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.

MOTION PERIOD

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

H. 4556--RECOMMITTED

The following Bill was taken up:

H. 4556 (Word version) -- Reps. Townsend, Davenport, McGee, Clark, W. D. Smith, Wilkins, Harvin and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 57 SO AS TO ENACT THE SOUTH CAROLINA RELOCATION AND RECONSTRUCTION AGREEMENT ACT, TO EMPOWER LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR MEDIATION OR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12465CM04), which was rejected:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Chapter 25, Title 57 of the 1976 Code is amended by adding:
"Section 57-25-900.   (A)   As used in this section:

(1)   'local governing body' means a municipality, county, local zoning authority, or political subdivision;

(2)   'relocation and reconstruction agreement' means a consensual, contractual agreement between an off-premises sign owner and a local governing body for either the reconstruction of an existing off-premise sign or the removal of an off-premises sign and


Printed Page 3374 . . . . . Wednesday, May 5, 2004

construction of a new off-premises sign to substitute for the off-premises sign removed;

(3)   'off-premises sign' means a lawfully erected, permanent sign which relates in its subject matter to products, accommodations, services, or activities sold or offered elsewhere than upon the premises on which the sign is located. Off-premises sign structures are personal property; and

(4)   'just compensation' means payment of a fair and reasonable amount for property taken from a person or entity by a local governing body. Amortization is not just compensation.

(B)   A local governing body may acquire by purchase, gift, or condemnation and shall pay just compensation upon the removal of off-premises signs.

(C)   Compensation may be paid only for the taking from the owner of:

(1)   an off-premises sign of all right, title, leasehold, and interest in it;

(2)   the real property on which the off-premises sign is located of the right to erect and maintain an off-premises sign on it.

(D)   No off-premises sign may be removed until the owner of the property on which it is located has been compensated fully for a loss which may be suffered as a result of the removal of the off-premises sign through the termination of a lease or other financial arrangement with the owner of the off-premises sign. The compensation must include damage to the landowner's property occasioned by removal of the off-premises sign. The local governing body is limited to an expenditure of five million dollars for the local governing body's part of just compensation.

(E)   Before paying just compensation, the local governing body must make every reasonable effort to relocate the off-premises sign to a comparable site in the local jurisdiction acceptable to both the local governing body and the off-premises sign owner. The local governing body must pay for relocating the off-premises sign including the cost of removing and constructing the off-premises sign.

(F)   A local governing body must hold a public hearing before taking final action to remove off-premises signs. A public hearing notice must be published in a newspaper of general circulation in the county or municipality at least thirty days prior to the hearing. The notice must include the fiscal impact on the local governing body's taxpayers for removal of the off-premises signs including, but not limited to, any relocation costs and compensation payments. Every


Printed Page 3375 . . . . . Wednesday, May 5, 2004

off-premises sign removal zoning plan, ordinance, or resolution must be enacted by the affirmative vote of at least two-thirds of the members of the local governing body's members present at the hearing.

(G)   If the off-premises sign owner or the owner of the real property upon which the off-premises sign is located disagrees with the amount of just compensation, then the owner may appeal the determination to a court of competent jurisdiction.

(H)   Nothing in this section shall be construed to prohibit a local governing body from entering into a relocation and reconstruction agreement with an off-premises sign owner and the owner of the real property upon which the off-premises sign is located.

(I)   Nothing in this section shall be construed to affect the requirements of Article 3, Chapter 25 of Title 57."

SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. TOWNSEND explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. TOWNSEND continued speaking.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. SKELTON spoke against the amendment.
Rep. SKELTON spoke against the amendment.

SPEAKER IN CHAIR

Rep. RIVERS spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 43; Nays 56

Those who voted in the affirmative are:

Bales                  Barfield               Bingham
Breeland               Ceips                  Clark
Davenport              Delleney               Edge

Printed Page 3376 . . . . . Wednesday, May 5, 2004

Frye                   Gilham                 Govan
Harrison               Haskins                Hayes
J. Hines               Huggins                Koon
Littlejohn             Lloyd                  Loftis
Martin                 McGee                  J. H. Neal
Perry                  E. H. Pitts            Rutherford
Sandifer               Scott                  G. M. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Thompson               Toole                  Townsend
Trotter                Walker                 White
Wilkins

Total--43

Those who voted in the negative are:

Altman                 Anthony                Battle
Bowers                 R. Brown               Chellis
Clemmons               Clyburn                Cobb-Hunter
Coleman                Dantzler               Duncan
Emory                  Freeman                Gourdine
Hagood                 Hamilton               Harrell
Hinson                 Keegan                 Kennedy
Kirsh                  Leach                  Lee
Limehouse              Lourie                 Lucas
Mack                   McCraw                 McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Owens                  Parks                  Pinson
Quinn                  Rice                   Richardson
Rivers                 Scarborough            Simrill
Sinclair               Skelton                G. R. Smith
J. E. Smith            Tripp                  Umphlett
Viers                  Weeks                  Whipper
Whitmire               Young

Total--56

So, the amendment was rejected.


Printed Page 3377 . . . . . Wednesday, May 5, 2004

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

Rep. TOWNSEND moved to table the motion.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 43; Nays 53

Those who voted in the affirmative are:

Altman                 Bales                  Barfield
Bingham                Breeland               Chellis
Clark                  Coates                 Cooper
Davenport              Edge                   Frye
Gilham                 Harrison               Hayes
J. Hines               Hinson                 Huggins
Koon                   Littlejohn             Lloyd
Loftis                 Mahaffey               Martin
Merrill                E. H. Pitts            Quinn
Sandifer               Scarborough            G. M. Smith
Snow                   Stille                 Talley
Thompson               Toole                  Townsend
Trotter                Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon

Total--43

Those who voted in the negative are:

Anthony                Battle                 Clemmons
Clyburn                Cobb-Hunter            Dantzler
Delleney               Duncan                 Emory
Freeman                Gourdine               Hagood
Hamilton               Jennings               Keegan
Kennedy                Kirsh                  Leach
Lee                    Limehouse              Lucas
Mack                   McCraw                 McGee
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Pinson                 M. A. Pitts            Rice

Printed Page 3378 . . . . . Wednesday, May 5, 2004

Richardson             Rivers                 Rutherford
Simrill                Sinclair               Skelton
D. C. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Stewart                Taylor
Tripp                  Umphlett               Vaughn
Viers                  Whipper

Total--53

So, the House refused to table the motion.

The question then recurred to the motion to recommit the Bill to the Committee on Education and Public Works Committee, which was agreed to.

RECORD FOR VOTING

I was temporarily out of the Chamber on the recommit motion on H. 4556. The House had just presented a resolution to the family of the late Jim Anders, our former solicitor. I was in the lobby visiting with his family members when the vote took place.

I was unable to reach my desk in time, before the roll call vote ended. Had I been able to record a vote, I would have voted to recommit the Bill. I did vote by voice, in favor of the next motion, which was to officially recommit the Bill.

Rep. Joel Lourie

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 5, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 229, S. 154 (Word version) by a vote of 46 to 0.

(R.229) S. 154 -- Senator Giese: AN ACT TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION


Printed Page 3379 . . . . . Wednesday, May 5, 2004

CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A TEACHER EDUCATION PROGRAM MUST BE ADVISED BY THE COLLEGE OR UNIVERSITY THAT HIS PRIOR CRIMINAL RECORD COULD PREVENT HIS TEACHER CERTIFICATION, PROVIDE THAT BEFORE BEGINNING FULL-TIME CLINICAL TEACHING EXPERIENCE A PERSON SHALL UNDERGO A STATE AND NATIONAL CRIMINAL RECORDS CHECK TO BE REVIEWED BY THE STATE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION, PROVIDE THAT THE COSTS ASSOCIATED WITH THE FBI BACKGROUND CHECKS ARE THOSE OF THE APPLICANT, PROVIDE THAT THE INFORMATION COULD AFFECT HIS FITNESS TO TEACH AND THAT HE MAY BE DENIED THE OPPORTUNITY TO COMPLETE HIS CLINICAL TEACHING EXPERIENCE, PROVIDE THAT A TEACHER EDUCATION CANDIDATE MAY REQUEST RECONSIDERATION AFTER ONE YEAR, AND PROVIDE THAT 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; AND TO REPEAL SECTIONS 59-3-50, 59-3-60, AND 59-3-70, ALL RELATING TO STATISTICAL REPORTS REQUIRED BY THE SUPERINTENDENT OF EDUCATION.

Very respectfully,
President

R. 229, S. 154--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

April 26, 2004
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 154 (Word version), R.229, an Act.


Printed Page 3380 . . . . . Wednesday, May 5, 2004

This legislation was introduced to strengthen the background check procedure for prospective teachers, which is a measure I support. However, I am vetoing the legislation based on the content of Section 2, which was added by amendment.

Section 2 of the Bill deletes Sections 59-3-50, 59-3-60, and 59-3-70, from the Code of Laws, which require the reporting of various statistics from schools to the Superintendent, as well as from the Superintendent to the Governor and the General Assembly. The information that these sections require is critical to the legislature and to governors as they make decisions that affect the state's schools. It includes the number of pupils, the number of schools, the average teacher salary and the cost and status of school construction, among other items.

This veto is not based on communication problems between the Superintendent's office and Governor's office. In fact, I have no doubts that the Superintendent would continue to report this information in a timely manner to my office as well as to the General Assembly. Instead, my veto is based on the importance of the State's role in maintaining our education system. As one of the State's most significant obligations, it is essential that future governors, legislatures and Superintendents have access to the most current information and data. The Department of Education has indicated that some of the language contained in these sections is outdated. A more appropriate method of addressing this would be to update and amend those sections rather than eliminating them altogether.

For these reasons, I am returning S. 154, R.229 to you without my signature.

Sincerely,
Mark Sanford
Governor

REPORTS OF STANDING COMMITTEE

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

H. 5207 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO HAVE SIGNS PLACED ON I-385 AT EXIT 34 ON BUTLER ROAD TO


Printed Page 3381 . . . . . Wednesday, May 5, 2004

MARK THE EXIT TO THE "BOY SCOUTS OF AMERICA SERVICE CENTER".
Ordered for consideration tomorrow.

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

S. 1215 (Word version) -- Senators Leatherman, McGill, Malloy, Glover, Land and Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE OF INTERSTATE 95 AND HIGHWAY 327 IN FLORENCE COUNTY IN HONOR OF MR. ROBERT W. WILLIAMS, JR. FOR HIS LONG AND OUTSTANDING CAREER AS A PIONEER OF RURAL ELECTRIFICATION AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES, THEY WILL REMEMBER MR. WILLIAMS' CONTRIBUTIONS TO THE COMMUNITY.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 5209 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE MEMBERS AND COACHING STAFF OF THE DORMAN HIGH SCHOOL VOLLEYBALL TEAM ON THURSDAY, MAY 13, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON THEIR OUTSTANDING SEASON.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the members and coaching staff of the Dorman High School Volleyball Team on Thursday, May 13, 2004, at a time to be determined by the Speaker to congratulate them on their outstanding season.

The Resolution was adopted.


Printed Page 3382 . . . . . Wednesday, May 5, 2004

INTRODUCTION OF BILLS

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

H. 5210 (Word version) -- Reps. Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Rutherford, Scott and J. E. Smith: A BILL TO ENACT THE RICHLAND COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN RICHLAND COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT THE REVENUE OF THE TAX MUST BE ALLOTTED TO THE SCHOOL DISTRICTS OF RICHLAND COUNTY BASED ON AVERAGE DAILY NUMBER OF STUDENTS RESIDING IN THAT PORTION OF THE DISTRICT THAT IS IN RICHLAND COUNTY AND ALSO BASED ON THE POPULATION OF THE DISTRICT, TO PROVIDE THAT THE REVENUE MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL TAX LIABILITY FOR PROPERTY IN THE DISTRICT AND TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, AND TO PROVIDE THAT REFERENDUMS TO APPROVE MILLAGE INCREASES OR BOND AUTHORIZATIONS FOR ANY PURPOSE IN RICHLAND COUNTY MAY ONLY BE HELD ON THE FIRST TUESDAY WHICH FOLLOWS THE FIRST MONDAY IN NOVEMBER OF A PARTICULAR YEAR.
On motion of Rep. BALES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1207 (Word version) -- Senator Hayes: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF


Printed Page 3383 . . . . . Wednesday, May 5, 2004

REVENUE TO REVISE THE 2004 INDEX OF TAXPAYING ABILITY FOR PURPOSES OF ADJUSTING FOR A VALUATION ERROR IN ROCK HILL SCHOOL DISTRICT THREE OF YORK COUNTY.
Referred to Committee on Ways and Means

S. 1216 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO RECIPIENT UTILIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 1217 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO HEARING PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

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

ADJOURNMENT

At 12:20 p.m. the House, in accordance with the motion of Rep. E. H. PITTS, adjourned in memory of Glen Sanders of Lexington, to meet at 10:00 a.m. tomorrow.

***

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