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


Printed Page 4788 . . . . . Tuesday, June 1, 2004

Tuesday, June 1, 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 Isaiah 9:2: "The people walking in darkness have seen a great light; on those living in the land of the shadow of death, a light has dawned."
Let us pray. Lord God, You are near to all who call on You in truth. To know You is perfect knowledge. Instill within us Your divine wisdom and teach us Your Word that we may know the truth and walk in it. Lead, guide, and direct each of these people to do Your will in all things. We invoke Your divine care for our President, Governor, and their staff. Guard our defenders of freedom from all harm and comfort those at home. Hear us, O God of truth. 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. NEILSON moved that when the House adjourns, it adjourn in memory of Henry Jett of Darlington County, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 27, 2004
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the following Vetoes by the Governor on H. 4925 , R.333 by the respective votes following each listed veto:


Printed Page 4789 . . . . . Tuesday, June 1, 2004

H. 4925, R. 333 --GENERAL APPROPRIATION ACT

Veto 1           Part IA, Section 1, Department of Education, Division of Professional   Development and School Quality, page 2, Other Operating Expenses, $298,030.

Ayes 39; Nays 5

Veto 2           Part IA, Section 4, John De La Howe School, Administration, page 21, Other Personal Service, $1,952.

Ayes 40; Nays 4

Veto 3           Part IA, Section 4, John De La Howe School, Administration, page 21, Other Operating Expenses, $10,181.

Ayes 40; Nays 4

Veto 4           Part IA, Section 4, John De La Howe School, Education, page 21, Other Operating Expenses, $15,076.

Ayes 40; Nays 4

Veto 5           Part IA, Section 5F, Coastal Carolina University, Education and General, Unrestricted, page 36, Other Operating Expenses, $500,000.

Ayes 37; Nays 7

Veto 6           Part IA, Section 5G, Francis Marion University, Education and General, Unrestricted, page 38, Omega Project, $56,147.

Ayes 39; Nays 5


Printed Page 4790 . . . . . Tuesday, June 1, 2004

Veto 7           Part IA, Section 5MB, Area Health Education Consortium, Consortium, General, page 65, Other Personal Services, $42,330.

Ayes 38; Nays 6

Veto 8           Part IA, Section 5N, Technical and Comprehensive Education Bd, Instructional Programs, page 67, Florence Darlington - Operating, $500,000.

Ayes 39; Nays 5

Veto 9           Part IA, Section 5N, Technical and Comprehensive Education Bd, Instructional Programs, page 67, Trident Tech - Culinary Arts, $775,000.

Ayes 37; Nays 7

Veto 10         Part IA, Section 6, Educational Television Commission, Program and Services, Agency Services, General Support and Services, page 73, Other Operating Expenses, $184,144.

Ayes 39; Nays 5

Veto 11         Part IA, Section 6, Educational Television Commission, Program and Services, Cultural and Performing Arts, page 73, Other Operating Expenses, $117,028.

Ayes 36; Nays 8

Veto 12         Part IA, Section 8, Dept of Health and Human Services, Program and Services, Health Services, Medical Contracts, page 77, Eligibility Contracts, $700,000.

Ayes 36; Nays 8


Printed Page 4791 . . . . . Tuesday, June 1, 2004

Veto 13         Part IA, Section 9, Department of Health and Environmental Control, Administration, page 81, Other Operating Expenses, $787,017.

Ayes 28; Nays 14

Veto 14         Part IA, Section 9, Department of Health and Environmental Control, Coastal Resource Improvement, page 82, Other Operating Expenses, $247,794.

Ayes 38; Nays 6

Veto 15         Part IA, Section 9, Dept of Health and Environmental Control, Programs and   Services, Coastal Resource Improvement, page 82, Hunting Is. Beach Renourishment, $5,000,000.

Ayes 33; Nays 11

Veto 16         Part IA, Section 9, Department of Health and Environmental Control, Air Quality Improvement, page 82, Other Operating Expenses, $181,459.

Ayes 37; Nays 7

Veto 17         Part IA, Section 9, Department of Health and Environmental Control, Land & Waste Management, page 83, Other Operating Expenses, $761,791.

Ayes 38; Nays 6

Veto 18         Part IA, Section 9, Dept of Health and Environmental Control, Programs and Services, Family Health, Access to Care, page 85, Unclassified Positions, $138,073.

Ayes 38; Nays 6


Printed Page 4792 . . . . . Tuesday, June 1, 2004

Veto 19         Part IA, Section 9, Dept of Health and Environmental Control, Programs and Services, Family Health, Access to Care, page 85, Other Personal Service, $56,895.

Ayes 39; Nays 5

Veto 20         Part IA, Section 9, Dept of Health and Environmental Control, Programs and Services, Family Health, Access to Care, page 85, Lancaster Kershaw Health Center, $175,738.

Ayes 39; Nays 5

Veto 21         Part IA, Section 9, Dept of Health and Environmental Control, Programs and   Services, Family Health, Access to Care, page 85, Biotechnology Center, $547,620.

Ayes 39; Nays 5

Veto 22         Part IA, Section 9, Department of Health and Environmental Control, Health Care Standards Facility Service Development, Other Operating Expenses, page 87, $197,015.

Ayes 37; Nays 7

Veto 23         Part IA, Section 9, Department of Health and Environmental Control, Health Care Standards Licensing, Other Operating Expenses, page 87, $94,753.

Ayes 38; Nays 6

Veto 24         Part IA, Section 9, Department of Health and Environmental Control, Health


Printed Page 4793 . . . . . Tuesday, June 1, 2004

Surveillance, Vital Records, Other Operating Expenses, page 88, $12,681.

Ayes 37; Nays 7

Veto 25         Part IA, Section 10, Dept of Mental Health, Programs and Services, Support Services, Administrative Services, page 94, Unclassified Positions, $275,197.

Ayes 37; Nays 7

Veto 26         Part IA, Section 10, Dept of Mental Health, Programs and Services, Support Services, Administrative Services, page 94, Other Personal Services, $520,629.

Ayes 39; Nays 5

Veto 28         Part IA, Section 13, Department of Social Services, Programs and Services, Employment and Training Servi, Case Management, page 111, Greenville Urban League, $18,389.

Ayes 37; Nays 7

Veto 29         Part IA, Section 21, Forestry Commission, Forest Landowner Assistance, page 131, Forest Renewal Program, $200,000.

Ayes 37; Nays 7

Veto 30         Part IA, Section 22, Department of Agriculture, Administrative Services, page 134, Other Personal Services, $35,000, General Fund only.

Ayes 38; Nays 6


Printed Page 4794 . . . . . Tuesday, June 1, 2004

Veto 31         Part IA, Section 22, Department of Agriculture, Consumer Services, page 134, Other Personal Services, $15,000.

Ayes 38; Nays 6

Veto 32         Part IA, Section 24, Department of Natural Resources, Marine Research, Special Items, Waddell Mariculture, page 147, $400,000.

Ayes 37; Nays 7

Veto 33         Part IA, Section 26, Dept of Parks, Recreation and Tourism, Programs and Services, Tourism Sales and Marketing, page 151, Contributions, $377,586.

Ayes 38; Nays 6

Veto 34         Part IA, Section 26, Dept of Parks, Recreation and Tourism, Programs and Services, Tourism Sales and Marketing, page 152, Palmetto Bowl, $380,000.

Division Vote of Ayes 30; Nays 5

Veto 35         Part IA, Section 26, Dept of Parks, Recreation and Tourism, Programs and Services, Rec, Planning, Eng., page 152, Other Operating Expenses, $91,394.

Ayes 38; Nays 6

Veto 36         Part IA, Section 26, Dept of Parks Recreation and Tourism, Programs and Services, Communications, page 153, Other Operating $25,000.

Division Vote of Ayes 25; Nays 8

Veto 37         Part IA, Section 26, Dept of Parks Recreation and Tourism, Programs and Services,


Printed Page 4795 . . . . . Tuesday, June 1, 2004

Research and Policy, page 153, Classified Positions $211,020.

Division Vote of Ayes 25; Nays 8

Veto 38         Part IA, Section 26, Dept of Parks Recreation and Tourism, Administrative Services, page 151, Other Personal Services, $13,215.

Division Vote of Ayes 25; Nays 8

Veto 39         Part IA, Section 27, Department of Commerce, Programs and Services, Community and Rural Development, page 156, Classified Positions $39,663.

Ayes 38; Nays 6

Veto 40         Part IA, Section 27, Department of Commerce, Programs and Services, Community and Rural Development, page 156, Unclassified Positions $75,000.

Ayes 39; Nays 5

Veto 41         Part IA, Section 27, Department of Commerce, Programs and Services, Aeronautics, page 158, Unclassified Positions $ 82,759.

Ayes 39; Nays 5

Veto 42         Part IA, Section 53, Department of Transportation, Mass Transit, page 221, Aid to Other Entities, $100,990.

Ayes 37; Nays 7


Printed Page 4796 . . . . . Tuesday, June 1, 2004

Veto 43         Part IA, Section 61, Adjutant General's Office, Other Operating Expenses, page 252, Funeral Caisson, $99,000.

Ayes 39; Nays 5

Veto 44         Part IA, Section 63, Budget and Control Board, Board Administration, Other Operating Expenses, page 258, $225,270.

Ayes 37; Nays 7

Veto 45         Part IA, Section 63, Budget and Control Board, Office of Executive   Director, Board Administration, page 258, Veterans' Memorial, $250,000.

Ayes 41; Nays 3

Veto 46         Part IA, Section 63, Budget and Control Board, Economic Research, Other Operating Expenses, page 261, $110,400.

Ayes 38; Nays 6

Veto 47         Part IA, Section 63, Budget and Control Board, Digital Cartography, Other Operating Expenses, page 261, $33,200.

Ayes 39; Nays 5

Veto 48         Part IA, Section 63, Budget and Control Board, Budget and Analyses Division, Board of Economic Advisors, page 262, Other Operating Expenses, $122,992.

Ayes 31; Nays 12


Printed Page 4797 . . . . . Tuesday, June 1, 2004

Veto 49         Part IA, Section 63, Budget and Control Board, Office of Human Resources, Other Operating Expenses, page 262, $774,678.

Ayes 39; Nays 5

Veto 50         Part IA, Section 63, Budget and Control Board, Insurance and Grants Division, Office of Local Government, page 269, SC Rural Infrastructure Bank Trust Fund, $30,000.

Ayes 38; Nays 6

Veto 51         Part IA, Section 63, Budget and Control Board, State CIO Division, CIO Chief Technology Officer, page 271, Total CIO Chief Technology Officer, 313,883.

Ayes 37; Nays 7

Veto 52         Part IB, Section 1.23, Department of Education, page 294, SDE: Mathematics and Science Unit of the Office of Curriculum and Standards.

Ayes 38; Nays 6

Veto 53         Part IB, Section 5A.27, Commission on Higher Education, page 322, CHE: Excellence Enhancement Program Additions.

Division vote of Ayes 25; Nays 10

Veto 54         Part IB, Section 8.32, Department of Health and Human Services, page 328, DHHS: Prescription Reimbursement Payment Methodology.

Ayes 41; Nays 3


Printed Page 4798 . . . . . Tuesday, June 1, 2004

Veto 55         Part IB, Section 8.43, Department of Health and Human Services, page 330, DHHS: Medicaid Quarterly Fiscal Impact Statements.

Ayes 37; Nays 7

Veto 56         Part IB, Section 8.48, Department of Health and Human Services, page 330, DHHS: Ambulance Services Reimbursement.

Ayes 39; Nays 5

Veto 57         Part IB, Section 13.20, Department of Social Services, page 344, DSS: C. R. Neal Learning Center.

Ayes 37; Nays 7

Veto 59         Part IB, Section 23.9, Clemson University - PSA, page 350, CU-PSA: Sandhills Revenue.

Ayes 39; Nays 5

Veto 60         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (2) P28-Department of Parks, Recreation and Tourism, $1,998,501.

Ayes 39; Nays 5

Veto 61         Part IB, Section 24.22, Department of Natural Resources, page 353, DNR: Retirement Incentive.

Ayes 37; Nays 7


Printed Page 4799 . . . . . Tuesday, June 1, 2004

Veto 62         Part IB, Section 26.1, Department of Parks, Recreation and Tourism, page 353, PRT: Canadian Day.

Ayes 38; Nays 6

Veto 63         Part IB, Section 26.6, Department of Parks, Recreation and Tourism, page 353, PRT: Palmetto Bowl Funding.

Division vote of Ayes 30; Nays 5

Veto 64         Part IB, Section 26.8, Department of Parks, Recreation and Tourism, page 354, PRT: Litter Control Program Transfer.

Ayes 39; Nays 5

Veto 65         Part IB, Section 26.11, Department of Parks, Recreation and Tourism, page 354, PRT: Litter Control.

Ayes 39; Nays 5

Veto 66         Part IB, Section 27.6, Department of Commerce, page 355, CMRC: Aeronautics - Office Space Rental.

Ayes 36; Nays 8

Veto 68         Part IB, Section 27.23, Department of Commerce, page 357, CMRC: Funding for I-73.

Ayes 37; Nays 7

Veto 70         Part IB, Section 36.1, Department of Public Safety, page 365, DPS: Special Events Traffic Control.

Ayes 39; Nays 5


Printed Page 4800 . . . . . Tuesday, June 1, 2004

Veto 75         Part IB, Section 72.104, General Provisions, page 436, GP: Secure Juvenile Confinement.

Ayes 39; Nays 5

Veto 76         Part IB, Section 72.111, General Provisions, page 438, GP: Prison Medical Services Study.

Division vote of Ayes 27; Nays 13

Veto 77         Part IB, Section 73.10, General Provisions, page 442, SR: Sale of Vehicles/Maintenance Facilities Closure Study.

Ayes 38; Nays 5

Veto 78         Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, H73 Vocational Rehabilitation.

Ayes 39; Nays 5

Veto 79         Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, J16 Department of Disabilities and Special   Needs.

Ayes 37; Nays 7

Veto 80         Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, J20 Department of Alcohol and Other Drug   Abuse Services.

Ayes 37; Nays 7

Veto 81         Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and


Printed Page 4801 . . . . . Tuesday, June 1, 2004

Unobligated Funds, L04 Department of Social Services.

Ayes 37; Nays 7

Veto 82         Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, L24 Commission for the Blind.

Ayes 37; Nays 7

Veto 83         Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, B04 Judicial Department.

Ayes 37; Nays 7

Veto 84         Part IB, Section 73.17, Statewide Revenue, page 443, SR: Repayment of Debt and Unobligated Funds, N04 Department of Corrections.

Ayes 38; Nays 6

Veto 85         Part IB, Section 73.17, Statewide Revenue, page 444, SR: Repayment of Debt and Unobligated Funds, N08 Department of Probation, Parole and Pardon Services.

Ayes 38; Nays 6

Veto 86         Part IB, Section 73.17, Statewide Revenue, page 444, SR: Repayment of Debt and Unobligated Funds, N12 Department of Juvenile Justice.

Ayes 38; Nays 6

Veto 87         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased


Printed Page 4802 . . . . . Tuesday, June 1, 2004

Enforcement Collections, (2) H67-Educational Television: $1,026,992.

Ayes 37; Nays 7

Veto 88         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (4) J04-Department of Health and Environmental Control, $7,675,331.

Ayes 37; Nays 7

Veto 89         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (9) H79-Department of Archives and History, $250,534.

Ayes 41; Nays 3

Veto 90         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (10) H87-State Library, $481,745.

Ayes 39; Nays 5

Veto 91         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (11) H91-Arts Commission, $243,896.

Ayes 39; Nays 5

Veto 92         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (12) H95-Museum Commission, $331,629.

Ayes 39; Nays 5


Printed Page 4803 . . . . . Tuesday, June 1, 2004

Veto 93         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (13) P12-Forestry Commission, $1,006,311.

Ayes 40; Nays 4

Veto 94         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (14) P20-Clemson University Public Service Activities, $2,753,047.

Ayes 41; Nays 3

Veto 95         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (16) P28-Department of Parks, Recreation & Tourism, $1,998,501.

Ayes 37; Nays 7

Veto 96         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (20) R40-Department of Motor Vehicles, $1,937,247.

Ayes 37; Nays 7

Veto 97         Part IB, Section 73.9, Statewide Revenue, page 440, SR: Personnel for Increased Enforcement Collections, (26) R28-Department of Consumer Affairs, $118,098.

Ayes 37; Nays 7

Veto 98         Part IB, Section 73.9, Statewide Revenue, page 441, SR: Personnel for Increased


Printed Page 4804 . . . . . Tuesday, June 1, 2004

Enforcement Collections, (38) E04-Lieutenant Governor, $19,773.

Ayes 40; Nays 4

Veto 99         Part IB, Section 73.9, Statewide Revenue, page 441, SR: Personnel for Increased Enforcement Collections, (39) E08-Secretary of State, $68,086.

Ayes 37; Nays 7

Veto 100         Part IB, Section 73.9, Statewide Revenue, page   441, SR: Personnel for Increased Enforcement Collections, (41) F03-Budget and Control Board, $2,661,363.

Ayes 37; Nays 7

Veto 101         Part IB, Section 73.9, Statewide Revenue, page   441, SR: Personnel for Increased Enforcement Collections, (42) F27-Budget and Control Board - Auditor, $225,018.

Ayes 37; Nays 7

Veto 102         Part IB, Section 73.9, Statewide Revenue, page 441, SR: Personnel for Increased Enforcement Collections, (47) J02 - Dept. of Health and Human Services: Columbia Urban League, $9,000.

Ayes 37; Nays 7

Veto 103         Part IB, Section 73.9, Statewide Revenue, page   441, SR: Personnel for Increased Enforcement Collections, (48) J02 - Dept. of Health and Human Services: Greenville Urban League, $9,000.

Ayes 37; Nays 7


Printed Page 4805 . . . . . Tuesday, June 1, 2004

Veto 104         Part IB, Section 73.9, Statewide Revenue, page 441, SR: Personnel for Increased Enforcement Collections, (54) P21 - SC State PSA, $152,013.

Ayes 37; Nays 7

Veto 105         Part IB, Section 1AA.1, Lottery Expenditure Account, page 315, LEA: Lottery Funds: $674,000 Department of Education - Governor's School for Science and Mathematics; and the remainder shall go to the Department of Education for the purchase and repair of school buses.

Ayes 38; Nays 6

Veto 106         Part IB, Section 1AA.1, Lottery Expenditure Account, pages 315-316, LEA: Lottery Funds: After the first $86,000,000 of lottery funds carried forward from the prior fiscal year are realized, the next $500,000 realized shall be appropriated to the State Board for Technical and Comprehensive Education for Spartanburg Technical College for the Cherokee County Campus. The next $1,000,000 realized shall be appropriated to the Governor's Office of Executive Policy and Programs for academic enrichment after-school programs administered by the South Carolina Alliance of Boys & Girls Clubs, Inc., and the next $250,000 realized shall be appropriated to Francis Marion University for the expansion of the Nursing Program, and the next $100,000 shall be appropriated to Chesterfield County School District. Any further amount realized shall be appropriated to the counties of this State in equal amounts not to exceed $50,000 per county for local library aid.

Ayes 38; Nays 6

Very respectfully,
President
Received as information.


Printed Page 4806 . . . . . Tuesday, June 1, 2004

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 27, 2004
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the following Vetoes by the Governor on H. 4925 , R.333 by respective votes following each listed veto:

H. 4925, R. 333 --GENERAL APPROPRIATION ACT

Veto 27         Part IA, Section 11, Dept of Disabilities and Special Needs, Programs and Services, Regional Centers, page 100, Other Operating Expenses, $56,662.

Ayes 27; Nays 14

Veto 58         Part IB, Section 13.28, Department of Social Services, page 345, DSS: Child Care Services Providers Reimbursement Rates.

Ayes 22; Nays 21

Veto 67         Part IB, Section 27.19, Department of Commerce, page 357, CMRC: Local Government Fund Repayment.

Ayes 9; Nays 26

Veto 69         Part IB, Section 29A.1, S.C. Conservation Bank, pages 357-358, CB: Maintaining Database.

Ayes 14; Nays 29

Veto 72         Part IB, Section 50.19, Department of Labor Licensing Regulations, page 380, LLR: Funeral Home Inspectors.

Ayes 0; Nays 44


Printed Page 4807 . . . . . Tuesday, June 1, 2004

Veto 73         Part IB, Section 56DD.42, Governor's Office, page 392, SLED-Video Poker.

Ayes 10; Nays 32

Veto 74         Part IB, Section 72.89, General Provisions, page 433, GP: Division of Aeronautics Transfer.

Ayes 0; Nays 40

Very respectfully,
President
Received as information.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2901
Agency: Department of Social Services
Statutory Authority: 1976 Code Sections 43-1-80 and 20-7-2980 et seq.
Child Care Centers Licensing Regulations
Received by Speaker of the House of Representatives
June 1, 2004
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration September 28, 2004 (Subject to Sine Die Revision)

CONCURRENT RESOLUTION

The following was introduced:

H. 5392 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE ELLEN H. HENDERSON FOR HER DEDICATION TO THE FIELD OF EDUCATION UPON HER RETIREMENT AS DIRECTOR OF MEMBER SERVICES FOR THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.

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


Printed Page 4808 . . . . . Tuesday, June 1, 2004

CONCURRENT RESOLUTION

The following was introduced:

H. 5393 (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 COMMEND THE EXTRAORDINARY HEROISM OF CORPORAL FREDDIE STOWERS AND TO HONOR HIM AS THE FIRST AFRICAN AMERICAN TO BE AWARDED THE MEDAL OF HONOR FOR WORLD WAR I OR WORLD WAR II.

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

HOUSE RESOLUTION

The following was introduced:

H. 5394 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE A. C. FLORA HIGH SCHOOL BOYS TENNIS TEAM AND HEAD COACH JOE BAILEY FOR WINNING THE 2004 STATE CLASS AAA TENNIS CHAMPIONSHIP.

The Resolution was adopted.


Printed Page 4809 . . . . . Tuesday, June 1, 2004

HOUSE RESOLUTION

The following was introduced:

H. 5395 (Word version) -- Reps. G. M. Smith, G. Brown, Coates and Weeks: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE JOHN BRABHAM PRUDENTIAL REAL ESTATE FIRM OF SUMTER UPON ITS FIFTIETH ANNIVERSARY AND TO WISH IT MANY MORE YEARS OF CONTINUED SUCCESS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5396 (Word version) -- Reps. J. E. Smith, 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. 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 HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON LEARNING OF THE DEATH OF JOSEPH EDGAR CROSLAND, JR. OF ATHENS, GEORGIA AND A NATIVE OF SOUTH CAROLINA, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.


Printed Page 4810 . . . . . Tuesday, June 1, 2004

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1259 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 15 IN CLARENDON COUNTY FROM THE INTERSECTION WITH SOUTH CAROLINA HIGHWAY 261 TO THE BEGINNING OF THE ALTHEA GIBSON HIGHWAY THE "JUDGE REUBEN B. CLARK HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN CONTAINING THE WORDS "JUDGE REUBEN B. CLARK HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1274 (Word version) -- Senators McConnell, Ravenel, Mescher, Grooms, Ford and Drummond: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BICYCLE-PEDESTRIAN LANE OF THE NEW ARTHUR RAVENEL, JR. BRIDGE THE GARRETT P. WONDERS MEMORIAL BICYCLE-PEDESTRIAN LANE, "WONDERS' WAY", IN MEMORY OF GARRETT PATRICK WONDERS OF GOOSE CREEK, AND TO REQUEST THAT APPROPRIATE SIGNS OR MARKERS BE POSTED SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER THE PASSIONATE AND GIFTED CYCLIST, NAVAL OFFICER, AND COMMUNITY LEADER.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1279 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO RECOGNIZE MINGO VERNON M. TANNER, CHIEF OF THE CHALOKLOWA CHICKASAW INDIAN PEOPLE OF INDIANTOWN, SOUTH CAROLINA, FOR HIS SIGNIFICANT CONTRIBUTIONS TO THE DEVELOPMENT OF THE STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES


Printed Page 4811 . . . . . Tuesday, June 1, 2004

REGULATION, AND TO CONGRATULATE HIM ON HIS APPOINTMENT AS THE FIRST NATIVE AMERICAN INDIAN COMMISSIONER TO THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.

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

INTRODUCTION OF BILLS

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

S. 1183 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT.
Referred to Committee on Ways and Means


Printed Page 4812 . . . . . Tuesday, June 1, 2004

S. 1277 (Word version) -- Senator Branton: A BILL TO AMEND ACT 327 OF 1977, RELATING TO THE ABILITY OF SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY TO ISSUE BONDS, SO AS TO PROVIDE THAT, BEFORE ISSUING BONDS, THE TRUSTEES SHALL SUBMIT THE QUESTION TO THE QUALIFIED ELECTORS OF THE DISTRICT AT THE TIME OF THE GENERAL ELECTION.
Referred to Dorchester Delegation

S. 1278 (Word version) -- Senator Branton: A BILL TO AMEND ACT 327 OF 1977, RELATING TO THE ABILITY OF SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY TO ISSUE BONDS, SO AS TO PROVIDE THAT, BEFORE ISSUING BONDS, THE TOTAL FULL TERM UNPAID BALANCE REMAINING ON ANY INDEBTEDNESS THAT A SCHOOL DISTRICT IS OBLIGATED TO PAY OVER ANY PERIOD MUST BE INCLUDED IN ITS GENERAL OBLIGATION DEBT.
Referred to Dorchester Delegation

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               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kennedy
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lloyd
Lourie                 Lucas                  Mack

Printed Page 4813 . . . . . Tuesday, June 1, 2004

Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Ott                    Owens
Perry                  Phillips               E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Richardson             Rivers                 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
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, June 1.

Karl Allen                        Teddy Trotter
Todd Rutherford                   Richard Quinn
Anne Parks                        Jerry Govan
Seth Whipper                      Brenda Lee
Marty Coates                      Lewis E. Pinson
Dwight Loftis                     Joseph Neal

Total Present--121

ORDERED TO THIRD READING

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

S. 1193 (Word version) -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF MCCORMICK COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN MCCORMICK COUNTY UPON APPROVAL IN A


Printed Page 4814 . . . . . Tuesday, June 1, 2004

REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

S. 1194 (Word version) -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF EDGEFIELD COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN EDGEFIELD COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

S. 891 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATES CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION.

Rep. TRIPP explained the Bill.

S. 638 (Word version) -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-45 SO AS TO PROVIDE FOR FUNDING OF COUNTY VETERANS AFFAIRS OFFICES FROM APPROPRIATED MONIES DIRECTLY PAYABLE FROM THE STATE TREASURER TO EACH COUNTY OFFICE INSTEAD OF THROUGH THE OFFICE OF THE GOVERNOR.

Rep. HARRELL explained the Bill.


Printed Page 4815 . . . . . Tuesday, June 1, 2004

S. 1219--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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.

Reps. GOVAN and OTT proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3977DW04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.   Article 17, Chapter 7, Title 44 of the 1976 Code is repealed.
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

S. 604--OBJECTION WITHDRAWN

Rep. WALKER withdrew his objection to S. 604; however, other objections remained on the Bill.

H. 4720--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 4720 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6


Printed Page 4816 . . . . . Tuesday, June 1, 2004

TO TITLE 26, SO AS TO ENACT THE UNIFORM ELECTRONIC TRANSACTIONS ACT, PROVIDING FOR DEFINITIONS, LEGAL EFFECT AND ENFORCEABILITY OF AN ELECTRONIC RECORD AND SIGNATURE, CHANGES OR ERRORS IN TRANSMISSION OF AN ELECTRONIC RECORD, COMPLIANCE OF AN ELECTRONIC RECORD OR SIGNATURE WITH OTHER LAWS AFFECTING VALIDITY OR RETENTION OR RECEIPT OF A RECORD OR SIGNATURE, USE OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES, PROMULGATION OF REGULATIONS BY THE BUDGET AND CONTROL BOARD TO ENHANCE THE UTILIZATION OF ELECTRONIC RECORDS AND SIGNATURES, AND DEVELOPMENT BY THE SECRETARY OF STATE OF MODEL PROCEDURES AND PROMULGATION OF REGULATIONS FOR SECURE ELECTRONIC TRANSACTIONS, INCLUDING LICENSING OF THIRD PARTIES; TO MAKE THE COMPUTER CRIME ACT APPLICABLE TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AND TO REPEAL CHAPTER 5 OF TITLE 26, THE SOUTH CAROLINA ELECTRONIC COMMERCE ACT.

Rep. HARRISON proposed the following Amendment No. 1A (Doc Name COUNCIL\DKA\3972MM04), which was adopted:
Amend the bill, as and if amended, by Section 26-6-190(C)(3) and (4) as contained in SECTION 1, page 12, by inserting after / Postmark / at the end of lines 32 and 36:
/ in a manner approved by the South Carolina Supreme Court /.
Amend further, beginning on page 12 and line 40, by deleting in its entirety Section 26-6-195 as contained in SECTION 1, and inserting:
/ Section 26-6-195.   Notwithstanding any other provisions in this chapter, a governmental agency may use, in accordance with policies and procedures developed by the South Carolina Budget and Control Board and as circumstances allow, in order to perfect service of process of any communication, an e-mail address from any vendor, entity, or individual the governmental agency regulates or does business with, or an e-mail address from the agent for service of process of that vendor, entity, or individual. Such communication postmarked by a United States Postal Service Electronic Postmark shall have the same force of law as the United States Post Office certified mail-return receipt requested. The South Carolina Budget and Control Board shall devise policies and procedures for the use of the United States Postal Service Electronic Postmark in respect to state agencies and operations. These


Printed Page 4817 . . . . . Tuesday, June 1, 2004

policies and procedures, where necessary, must consider the persons or entities which do not have an e-mail address. /
Renumber sections to conform.
Amend title to conform.

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

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

S. 532--DEBATE ADJOURNED

The following Joint Resolution was taken up:

S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

Rep. CLEMMONS moved to adjourn debate on the Joint Resolution.

Rep. SCOTT moved to table the motion.

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

Yeas 50; Nays 61

Those who voted in the affirmative are:

Anthony                Bales                  Battle
Branham                G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Delleney               Freeman
Frye                   Gourdine               Govan
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Loftis                 Lucas

Printed Page 4818 . . . . . Tuesday, June 1, 2004

McGee                  McLeod                 Miller
Moody-Lawrence         J. M. Neal             Neilson
Ott                    Perry                  Phillips
M. A. Pitts            Rhoad                  Richardson
Rivers                 Rutherford             Scott
Simrill                G. M. Smith            J. E. Smith
Snow                   Talley                 Thompson
Vaughn                 Weeks

Total--50

Those who voted in the negative are:

Altman                 Bailey                 Barfield
Bingham                Bowers                 Breeland
Cato                   Ceips                  Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Davenport
Duncan                 Edge                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               Leach
Limehouse              Littlejohn             Lourie
Mack                   Mahaffey               Martin
McCraw                 Merrill                Owens
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Sinclair
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Taylor                 Toole
Townsend               Tripp                  Trotter
Umphlett               Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon

Total--61

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate, which was agreed to.


Printed Page 4819 . . . . . Tuesday, June 1, 2004

RECORD FOR VOTING

I wish to note that I mistakenly voted to table the motion to adjourn debate on S. 532. It was my intention to adjourn debate on this measure.

Rep. Tom Keegan

S. 1071--RETURNED TO THE SENATE WITH AMENDMENTS

The motion of Rep. CATO to reconsider the vote whereby the following Bill was given a second reading was taken up:

S. 1071 (Word version) -- Senators Ritchie and Richardson: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE THE IDENTITY OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.

Rep. HARRISON moved to table the motion to reconsider.

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

Yeas 78; Nays 35

Those who voted in the affirmative are:

Altman                 Bales                  Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clark                  Clyburn
Cobb-Hunter            Coleman                Cotty
Delleney               Duncan                 Emory
Freeman                Gilham                 Gourdine
Govan                  Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Jennings               Kennedy
Kirsh                  Limehouse              Littlejohn
Lourie                 Lucas                  Mack
Martin                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence

Printed Page 4820 . . . . . Tuesday, June 1, 2004

J. M. Neal             Neilson                Parks
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Richardson
Rivers                 Rutherford             Scarborough
Scott                  Simrill                Sinclair
Skelton                G. M. Smith            J. E. Smith
W. D. Smith            Snow                   Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Weeks                  Young

Total--78

Those who voted in the negative are:

Anthony                Bailey                 Barfield
Cato                   Ceips                  Chellis
Clemmons               Cooper                 Dantzler
Davenport              Edge                   Frye
Huggins                Keegan                 Koon
Loftis                 Mahaffey               McCraw
Owens                  Perry                  Rhoad
Rice                   Sandifer               D. C. Smith
G. R. Smith            J. R. Smith            Stewart
Stille                 Trotter                Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon

Total--35

So, the motion to reconsider was tabled.

The Bill was read the third time and ordered returned to the Senate with amendments.

MOTION PERIOD

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


Printed Page 4821 . . . . . Tuesday, June 1, 2004

S. 720--DEBATE ADJOURNED

Rep. WITHERSPOON moved to adjourn debate upon the following Bill, which was adopted:

S. 720 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.

H. 4653--DEBATE ADJOURNED

Rep. W. D. SMITH moved to adjourn debate upon the following Bill until Wednesday, June 2, which was adopted:

H. 4653 (Word version) -- Reps. W. D. Smith, Wilkins and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA PARENTAL RESPONSIBILITIES ACT OF 2004"; BY ADDING SECTION 59-63-205 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL ADOPT A STUDENT DISCIPLINE POLICY AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 59-28-230 SO AS TO PROVIDE THAT IF A PARENT FAILS TO ATTEND A SCHOOL'S THIRD REQUEST FOR A CONFERENCE TO DISCUSS THE CHILD'S ACADEMIC PROGRESS OR VIOLATION OF SCHOOL RULES, THE DISTRICT SUPERINTENDENT, UPON CERTAIN CONDITIONS, MAY REQUEST THAT THE MAGISTRATE ISSUE A SUBPOENA TO COMPEL THE PRESENCE OF THE PARENT AND TO PROVIDE PENALTIES; BY ADDING SECTION 59-28-240 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR APPROPRIATE SCHOOL PERSONNEL WHO WORK WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION SHALL ADOPT PROGRAM APPROVAL STANDARDS FOR STUDENTS PURSUING A COLLEGE OR UNIVERSITY PROGRAM IN INSTRUCTIONAL OR ADMINISTRATIVE


Printed Page 4822 . . . . . Tuesday, June 1, 2004

PERSONNEL SHALL COMPLETE TRAINING IN WORKING WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; BY ADDING ARTICLE 6, CHAPTER 65, TITLE 59 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BOARD OF TRUSTEES AND EACH SCHOOL SHALL ADOPT A TRUANCY POLICY, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH PROCEDURES TO ALLOW A STUDENT TO ENROLL IN ALTERNATIVE OR ADULT EDUCATION PROGRAMS TO PREVENT FURTHER TRUANCY, TO PROVIDE FOR THE DEVELOPMENT OF PARENT RESPONSIBILITY PROGRAMS TO ADDRESS NONATTENDANCE PROBLEMS; TO AMEND SECTION 59-65-20, RELATING TO PENALTIES FOR FAILURE TO ENROLL A CHILD IN SCHOOL, SO AS TO INCREASE THE FINE FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 59-65-50, RELATING TO NON ATTENDANCE REPORTED TO THE COURT, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SHALL NOTIFY STUDENTS AND PARENTS OR GUARDIANS OF STATE ATTENDANCE LAWS AND PENALTIES; TO PROVIDE THAT PARENTS MUST BE NOTIFIED OF CERTAIN ABSENCES AND SHALL WORK WITH THE DISTRICT TO FORMULATE AN INTERVENTION PLAN; TO PROVIDE FOR TRANSFER OF DOCUMENTS AND PLANS IF THE STUDENT TRANSFERS; AND TO PROVIDE FOR REFERRAL OF THE CASE TO THE SOLICITOR, UPON CERTAIN CONDITIONS, WHEN THE CHILD HAS TEN OR MORE UNLAWFUL ABSENCES; TO AMEND SECTION 59-65-60, RELATING TO THE COURT'S PROCEDURE UPON RECEIPT OF THE REPORT OF NONATTENDANCE, SO AS TO PROVIDE THAT FURTHER ACCUMULATION AFTER TEN UNLAWFUL ABSENCES MUST BE TOLLED UNTIL THE FAMILY COURT HEARING; TO PROVIDE THE TIMELINE AND PROCEDURE FOR REPORTING THE ABSENCES TO THE SOLICITOR, FILING THE COMPLAINT, SERVING THE COMPLAINT, AND HOLDING THE HEARING; TO PROVIDE FOR AN ATTENDANCE ORDER AND A REVISION OF THE INTERVENTION PLAN; TO PROVIDE THAT A PARENT OR GUARDIAN WHO FAILS TO COMPLY WITH THE ATTENDANCE ORDER IS GUILTY OF CONTEMPT WITH CERTAIN EXCEPTIONS AND TO PROVIDE PENALTIES; TO PROVIDE WHEN THE COURT MAY DECLARE A CHILD A

Printed Page 4823 . . . . . Tuesday, June 1, 2004

TRUANT, ADJUDICATE A CHILD AS A STATUS OFFENDER, AND SUBJECT A CHILD TO APPROPRIATE PROVISIONS OF LAW; AND TO PROVIDE FOR OPTIONS WHEN A CHILD IS FOUND TO BE A HABITUAL TRUANT; BY ADDING SECTION 14-1-240 SO AS TO PROVIDE THAT THE CHIEF JUDGE FOR ADMINISTRATIVE PURPOSES IN EACH CIRCUIT SHALL SCHEDULE AT LEAST TWO DAYS A MONTH FOR A JUDGE IN A FAMILY COURT TO HEAR TRUANCY CASES; TO AMEND SECTION 56-1-176, AS AMENDED, RELATING TO CONDITIONS FOR ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT IF A STUDENT FAILS TO MEET THE EXPULSION REQUIREMENTS, THE SCHOOL DISTRICT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES, WHO MAY SUSPEND THE STUDENT'S DRIVER'S LICENSE; TO AMEND SECTION 59-65-10, AS AMENDED, RELATING TO A PARENT'S RESPONSIBILITY TO CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO INCREASE THE AGE UNTIL WHICH A CHILD SHALL ATTEND SCHOOL FROM SEVENTEEN TO EIGHTEEN; AND TO REPEAL SECTION 59-65-70 RELATING TO WHEN A COURT MAY DECLARE A CHILD DELINQUENT.

S. 548--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 548 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO REVISE THE DEFINITION OF PROFESSIONAL SOCIETY TO INCLUDE CRIMINAL JUSTICE ORGANIZATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21284SD04), which was adopted:
Amend the bill, as and if amended, by striking subsection (A) of Section 40-71-10 of the 1976 Code, as contained in SECTION 1, and inserting:
/   (A)   'Professional society' as used in this chapter includes legal, medical, osteopathic, optometric, chiropractic, psychological, dental, accounting, pharmaceutic, and engineering organizations having as members at least a majority of the eligible licentiates in the area served


Printed Page 4824 . . . . . Tuesday, June 1, 2004

by the particular society and any foundations composed of members of these societies. It also includes the South Carolina Law Enforcement Accreditation Program.     /
Renumber sections to conform.
Amend title to conform.

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

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

Yeas 102; Nays 0

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
Ceips                  Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Huggins                Jennings
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith

Printed Page 4825 . . . . . Tuesday, June 1, 2004

G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Young

Total--102

Those who voted in the negative are:

Total--0

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

S. 458--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 458 (Word version) -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.

Rep. QUINN proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7348AHB04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately number SECTION to read:
/ SECTION   ___.   Chapter 78, Title 15 of the 1976 Code is amended by adding:


Printed Page 4826 . . . . . Tuesday, June 1, 2004

"Section 15-78-210.   (A)   As used in this section:

(1)   'Teacher' means a:

(a)   licensed teacher, principal, administrator, or other educational professional who works on school grounds;

(b)   professional or non-professional employee who works on school grounds and has responsibility for maintaining order, discipline, or ensuring safety; and

(c)   school employee who, in an emergency, is called upon to maintain order, discipline, or to ensure safety.

(2)   'School' means a public or private kindergarten, public or private elementary school, public or private middle school or junior high, public or private high school, vocational school, secondary school, or home school that includes students not related by blood to the operator.

(3)   'Student' means a person enrolled at a school in the State of South Carolina.

(B)   A teacher may bring a civil action against a student who commits a criminal offense against the teacher if the offense occurs on school grounds or at a school sponsored event. Nothing in this subsection is intended to limit the civil remedies available to another party as a result of the same criminal act.

(c)   Except as otherwise provided in this subsection, no teacher has civil liability to a student or a party acting in the interest of a student for an act or omission by the teacher that occurs while the teacher is acting on behalf of the school if the:

(1)   teacher was acting within the scope of the teacher's employment;

(2)   actions of the teacher violated no state, local, or federal law including regulations set forth by the individual district or school;

(3)   acts or omissions were not the result of wilful or intentional conduct or gross negligence;

(4)   acts or omissions were not the result of the teacher operating a motor vehicle or watercraft; and

(5)   actions of the teacher do not constitute a violation of the student's civil rights." /
Renumber sections to conform.
Amend title to conform.

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


Printed Page 4827 . . . . . Tuesday, June 1, 2004

Rep. WHIPPER proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\22745HTC04), which was tabled:
Amend the bill, as and if amended, Section 20-1-15 (C) as contained in SECTION 2, page 458-4, by striking Section 20-1-15(C) and inserting:
/   (C)   Marriage in this State and its political subdivisions is exclusively defined as a union between one man and one woman where the man and woman have certified their intentions to be married by acquiring a lawfully issued marriage license. /
Renumber sections to conform.
Amend title to conform.

Rep. WHIPPER moved to table the amendment, which was agreed to.

Rep. WHIPPER proposed the following Amendment No. 5 (Doc Name COUNCIL\GGS\22746HTC04), which was tabled:
Amend the bill, as and if amended, Section 20-1-15 (C) as contained in SECTION 2, page 458-4, by striking Section 20-1-15(C) and inserting:
/   (C)   Marriage in this State and its political subdivisions is exclusively defined as a union between one man and one woman after December 31, 2005, where the man and woman have certified their intentions to be married by acquiring a lawfully issued marriage license. /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD moved to table the amendment, which was agreed to.

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

Yeas 91; Nays 20

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coleman                Cooper

Printed Page 4828 . . . . . Tuesday, June 1, 2004

Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Hayes
Hinson                 Huggins                Keegan
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Total--91

Those who voted in the negative are:

Bowers                 Breeland               G. Brown
J. Brown               R. Brown               Cobb-Hunter
Gourdine               Govan                  J. Hines
M. Hines               Hosey                  Jennings
Kennedy                Kirsh                  Mack
Richardson             Rivers                 Rutherford
Scott                  Weeks

Total--20


Printed Page 4829 . . . . . Tuesday, June 1, 2004

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

Rep. ANTHONY moved that the House recede until 2:30 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:30 p.m. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

ACTING SPEAKER COATES IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

S. 604--RECOMMITTED

The following Bill was taken up:

S. 604 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\12577AC04):


Printed Page 4830 . . . . . Tuesday, June 1, 2004

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-80.   (A)   As used in this section 'asthma medication' includes a prescribed, inhaled asthma medication and a prescribed epinephrine auto-injector. 'Diabetes medication and testing supplies' means prescribed testing equipment and supplies, oral medication, and any insulin delivery system used to treat hypoglycemia and hyperglycemia. 'Anaphylaxis medication' means a prescribed epinephrine auto-injector or inhaler used to treat anaphylaxis.

(B)   Each school district shall adopt a policy authorizing a student to self-administer asthma medication and/or attend to the care and management of the student's diabetes and to possess on his or her person at all times all necessary diabetes medication and testing supplies and equipment to perform diabetes monitoring and treatment functions and/or to possess on his or her person at all times an epinephrine auto-injector or inhaler to treat anaphylaxis. The policy must include, but is not limited to:

(1)   a requirement that the student's parent or guardian provide to the school:

(a)   written authorization for the student to self-administer asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis; and

(b)   a written statement from the student's health care practitioner who prescribed the asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis verifying that the student has asthma and/or diabetes and/or an allergy that could result in an anaphylactic reaction and has been instructed in self-administration of asthma medications and/or in self-administration of diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis;

(2)   authorization for a student to possess on his or her person and administer asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis while:

(a)   in the classroom and in any area of the school or school grounds;

(b)   at a school-sponsored activity;


Printed Page 4831 . . . . . Tuesday, June 1, 2004

(c)   in transit to or from school or school-sponsored activities;

(d)   during before-school or after-school activities on school-operated property.

(C)   The statements required in subsection (B)(1) must be kept on file in the office of the school nurse or school administrator.

(D)(1)   The State Department of Education shall develop guidelines for a written student asthma management plan, a written student diabetes management plan, and for a written student anaphylaxis plan, which must be signed by:

(a)   the student's health care practitioner who prescribed the asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis;

(b)   the school nurse or other school staff;

(c)   the parent or guardian; and

(d)   the student, if appropriate.

(2)   The management plan for the epinephrine auto-injector must be established and approved through the school district's process pursuant to Section 504 of the Rehabilitation Act of 1973.

(3)   The parent or guardian and the student, if appropriate, shall authorize the school to share the student's asthma management plan and/or the students' diabetes management plan and/or the student's anaphylaxis management plan with school staff who have a legitimate need for knowledge of the information.

(E) Asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis authorized to be carried by the student must be maintained in a container appropriately labeled by the pharmacist who filled the prescription.

(F)   A student's permission to self-administer asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis may be revoked if the student endangers himself or others through misuse of the asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis.

(G)   The permission for self-administration of asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis is effective for the school year in which it is granted and must be renewed each school year upon fulfilling the requirements of this section.


Printed Page 4832 . . . . . Tuesday, June 1, 2004

(H)   A parent or guardian shall sign a statement acknowledging that:

(1)   the school district and its employees and agents are not liable for an injury arising from a student's self-administration of asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis;

(2)   the parent or guardian shall indemnify and hold harmless the district and its employees and agents against a claim arising from a student's self-administration of asthma medication and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis."

Section 59-63-90. The State Department of Education shall develop a notice to be sent to the parents or guardians of all students that notifies them of the right of students with qualifying disabilities to accommodation plans pursuant to Section 504 of the Rehabilitation Act of 1973. Each school district in the State shall be responsible for ensuring that this notice is sent at the beginning of every school year to the parent or guardian of every student in the district.
SECTION   2.   Section 15-78-60 of the 1976 Code, as last amended by Act 407 of 2000, is further amended by adding an appropriately numbered item to read:

"( )   an injury a student may sustain as a result of self-administering asthma medications and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis or for an injury that a student may sustain from taking or using asthma medications and/or diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis for which the student does not have a prescription or does not have authorization by the school district;"
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. MACK explained the amendment.

Rep. MACK spoke in favor of the amendment.
Rep. ALTMAN spoke against the amendment.

Rep. ANTHONY moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.


Printed Page 4833 . . . . . Tuesday, June 1, 2004

Rep. MACK moved to table the motion.

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

Yeas 22; Nays 76

Those who voted in the affirmative are:

Breeland               R. Brown               Dantzler
Davenport              Hamilton               Harrison
Keegan                 Mack                   Mahaffey
McGee                  Perry                  Rutherford
Sandifer               Scott                  Simrill
Sinclair               G. R. Smith            W. D. Smith
Umphlett               Whipper                White
Whitmire

Total--22

Those who voted in the negative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Battle
Bingham                Bowers                 Branham
G. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cotty                  Delleney               Duncan
Emory                  Freeman                Frye
Gilham                 Govan                  Harrell
Hayes                  J. Hines               Hinson
Hosey                  Huggins                Jennings
Kennedy                Kirsh                  Koon
Leach                  Lee                    Littlejohn
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Richardson             Rivers
Scarborough            Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
Snow                   Stille                 Talley

Printed Page 4834 . . . . . Tuesday, June 1, 2004

Taylor                 Thompson               Toole
Townsend               Trotter                Vaughn
Weeks                  Wilkins                Witherspoon
Young

Total--76

So, the House refused to table the motion.

The question then recurred to the motion to recommit the Bill, which was agreed to.

S. 988--COMMITTED

The following Bill was taken up:

S. 988 (Word version) -- Transportation Committee: A BILL TO AMEND SECTION 56-1-176, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE, AND TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10351SJ04):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Section 56-1-176 of the 1976 Code, as last amended by Act 181 of 2002, is further amended to read:

"Section 56-1-176.   (A)   School attendance is a condition for the issuance or reinstatement of a beginner's permit, a conditional driver's


Printed Page 4835 . . . . . Tuesday, June 1, 2004

license, and a special restricted driver's license, and a regular driver's license for a person who is less than seventeen years of age. By applying for a beginner's permit, a conditional driver's license, a special restricted driver's license, or a regular driver's license, a person less than seventeen years of age consents to the release of his high school attendance records by the school district to the Department of Motor Vehicles for purposes of this section. The Department of Motor Vehicles may not issue or reinstate a beginner's permit, conditional driver's license, or a special restricted driver's license, or a regular driver's license to a person less than seventeen years of age pursuant to Section 56-1-40, Section 56-1-50, Section 56-1-175, or Section 56-1-180 unless the person:

(1)   has a high school diploma or a certificate of attendance, or a General Education Development Diploma; or

(2)   is enrolled in a public or private school or is home schooled under the provisions contained in Section 59-65-40, 59-65-45, or 59-65-47, or is enrolled in and is making progress toward completion of a program leading to a General Educational Development Diploma and:

(a)   the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and

(b)   the person is not suspended or expelled from school.

(B)   Documentation of enrollment status must be presented to the Department of Motor Vehicles by the applicant on a form developed in consultation with the State Department of Education, the Department of Motor Vehicles, and individuals to represent the private and home school entities and approved by the department Department of Motor Vehicles. The documentation must indicate whether the student is in compliance with the requirements as provided in subsection (A). The appropriate public or private school official or home school association shall provide the form to the applicant upon request.

(C)   The board of trustees of the school district or its designee, the governing body of a private school, and an official of a home school association shall notify a student and the parent or guardian of the student who is at least fifteen but less than seventeen years of age when the student has accumulated seven unexcused absences. This notification must include information regarding the requirements of this section.

(D)   Whenever a student who is at least fifteen but less than seventeen years of age is chronically truant from school, the


Printed Page 4836 . . . . . Tuesday, June 1, 2004

appropriate school official shall notify the student's parent or guardian not later than five school days from the date in which the person is considered truant. For the purposes of this section, 'chronically truant' means having more than ten days' unexcused absences during one semester or more than fifteen total days' unexcused absences during a school year. The parent or guardian shall have ten days from the date the notice was sent to petition the appropriate school official for a waiver pursuant to subsection (E). For any student not granted a waiver pursuant to subsection (E), the appropriate school official shall notify the Department of Motor Vehicles, electronically whenever possible, of the truancy. Within five days of receipt of the notice, the Department of Motor Vehicles shall send notice to the licensee's parent or guardian that the beginner's permit, a conditional driver's license, a special restricted driver's license, or a regular driver's license will be suspended under the provisions of this section on the twentieth day following the date the notice was sent.

(E)   A student's parent or guardian may petition for a waiver of the requirements of this section if the student has a personal or family hardship that requires that the student have a driver's license. For purposes of this section, a personal or family hardship means a medical condition of the student or a member of his immediate family that requires that he maintain a driver's license to receive or transport an immediate family member for treatments, or employment requiring the student to maintain a driver's license to support himself or his immediate family. The student's parent or guardian has the burden of demonstrating the need for a waiver. In considering any such petition, the appropriate official shall take into account the recommendations of physicians, teachers, other school officials, guidance counselors, or academic advisors prior to granting a waiver to the requirements of this section.

(F)   A person whose permit or license has been suspended pursuant to this section may not have his permit or license reinstated until that person successfully has complied with the requirements of subsection (A)(2) of this section for a full school semester subsequent to the semester during which the person's permit or license was suspended. If a person has complied with the requirements of subsection (A)(2) for a full semester, he may petition, in writing, for reinstatement of his permit or license to the board of trustees of the school district or its designee, the governing body of the private school, or the home school association. Upon determining that the person is in compliance with this subsection, the board or governing body or


Printed Page 4837 . . . . . Tuesday, June 1, 2004

association shall notify the Department of Motor Vehicles, electronically whenever possible, and the Department of Motor Vehicles shall reinstate the person's permit or license.

(G)   Pursuant to State Board of Education Regulation, 24 South Carolina Code Annotated Regulation 43-274, a student between the ages of sixteen and seventeen years who has been through the school intervention process, has reached the level of a habitual truant, has been referred to family court and placed on an order to attend school, and continues to accumulate unlawful absences will be deemed a 'chronic' truant. A family court judge having jurisdiction over his case may issue a court order suspending a student's license in accordance with this section.

(H)   At the beginning of each school year, the board of trustees of the school district or its designee, the governing body of a private school, and an official of a home school association must notify students and parents or guardians of the requirements of this section.

(I)   If any section, subsection, paragraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 2.   This act takes effect on August 1, 2004. /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WALKER continued speaking.

SPEAKER IN CHAIR

Rep. TRIPP moved to commit the Bill to the Committee on Ways and Means.


Printed Page 4838 . . . . . Tuesday, June 1, 2004

Rep. TOWNSEND moved to table the motion, which was rejected by a division vote of 11 to 48.

The question then recurred to the motion to commit the Bill to the Committee on Ways and Means, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

The following was introduced:

H. 5397 (Word version) -- Reps. McCraw, Phillips and Littlejohn: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND DR. ANGELA LYON HINTON, PRINCIPAL OF THE CORINTH ELEMENTARY SCHOOL IN GAFFNEY FOR HER WONDERFUL LEADERSHIP OF THIS OUTSTANDING SCHOOL SINCE 2000 AS SHE LEAVES CORINTH TO BECOME PRINCIPAL OF WESTVIEW ELEMENTARY SCHOOL IN SPARTANBURG COUNTY SCHOOL DISTRICT 6.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5398 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND LOUISE GARVIN HOPKINS FOR HER DEDICATED SERVICE TO HAMPTON COUNTY AND FOR HER ROLE AS A FOSTER CARE MOTHER AND TO EXTEND BEST WISHES TO HER IN THE FUTURE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5399 (Word version) -- Reps. Govan, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, J. Hines, M. Hines, Hosey, Howard,


Printed Page 4839 . . . . . Tuesday, June 1, 2004

Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks and Whipper: A CONCURRENT RESOLUTION TO COMMEND MR. JOEY R. PRESTON, ANDERSON COUNTY ADMINISTRATOR, FOR HIS OUTSTANDING SUCCESS AS A COUNTY ADMINISTRATOR, VALUABLE ASSISTANCE AND ADVICE HE HAS GIVEN THE LEGISLATIVE BLACK CAUCUS IN THE AREA OF ECONOMIC DEVELOPMENT, AND FOR BEING ONE OF THE MOST INNOVATIVE AND EFFECTIVE LOCAL GOVERNMENT OFFICIALS IN SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5400 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. ROBERT E. DENNIS, PASTOR OF CEDAR GROVE BAPTIST CHURCH IN SIMPSONVILLE, ON HIS THIRTY-FIVE YEARS AT CEDAR GROVE AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

S. 532--ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was taken up:

S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

Be it enacted by the General Assembly of the State of South Carolina:


Printed Page 4840 . . . . . Tuesday, June 1, 2004

SECTION   1.   It is proposed that Section 1, Article VIII-A of the Constitution of this State be amended to read:

"Section 1.   In the exercise of the police power the General Assembly shall have has the right to prohibit and to regulate the manufacture, and sale, and retail of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture, and sell, and retail alcoholic liquors or beverages within the State under such the rules and restrictions as it deems considers proper;, including the right to sell alcoholic liquors or beverages in containers of such size as the General Assembly considers appropriate. or the The General Assembly may prohibit the manufacture, and sale, and retail of alcoholic liquors and beverages within the State, and may authorize and empower state, county, and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems considers expedient. Provided However, that no a license shall must not be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o'clock p. m. and nine o'clock a. m., or to sell them to be drunk on the premises; provided, further however, that the General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell the same alcoholic liquors or beverages. Provided, further However, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in on the premises of businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on the premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide."

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 1, Article VIII-A of the Constitution of this State, relating to the powers of the General Assembly pertaining to alcoholic liquors and beverages, be amended so as to authorize the General Assembly to determine the size of containers in which alcoholic liquors


Printed Page 4841 . . . . . Tuesday, June 1, 2004

or beverages are sold and to delete the provision requiring the sale of alcoholic liquors for consumption on the premises only in sealed containers of two ounces or less?

  Yes   []

No   []"

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'no'.

Rep. SCOTT spoke against the Joint Resolution.
Rep. KEEGAN spoke in favor of the Joint Resolution.
Rep. SKELTON spoke in favor the Joint Resolution.
Rep. LEACH spoke in favor of the Joint Resolution.
Rep. COLEMAN spoke against the Joint Resolution.
Rep. COTTY spoke in favor of the Joint Resolution.
Rep. WITHERSPOON spoke in favor of the Joint Resolution.
Rep. MACK spoke in favor of the Joint Resolution.
Rep. KENNEDY spoke against the Joint Resolution.
Rep. RUTHERFORD spoke against the Joint Resolution.
Rep. HARRELL spoke in favor of the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 84; Nays 25

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Barfield               Battle                 Bingham
Bowers                 Breeland               G. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman

Printed Page 4842 . . . . . Tuesday, June 1, 2004

J. Hines               Hinson                 Hosey
Howard                 Huggins                Keegan
Leach                  Lee                    Littlejohn
Lourie                 Lucas                  Mack
Mahaffey               McCraw                 McLeod
Merrill                Miller                 J. M. Neal
Neilson                Ott                    Parks
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Sinclair
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Whipper                White
Whitmire               Wilkins                Witherspoon

Total--84

Those who voted in the negative are:

Anthony                Branham                J. Brown
R. Brown               Coleman                Frye
Govan                  Hayes                  Jennings
Kennedy                Kirsh                  Koon
Lloyd                  Loftis                 McGee
Moody-Lawrence         J. H. Neal             M. A. Pitts
Richardson             Rivers                 Rutherford
Scott                  Simrill                J. E. Smith
Weeks

Total--25

So, the Joint Resolution was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 4843 . . . . . Tuesday, June 1, 2004

STATEMENT FOR THE JOURNAL

My vote against S. 532 was because of my belief that the State will lose revenues for alcohol abuse programs. To adjust these taxes at a latter date will be fought by the liquor lobby.

Rep. Dwight Loftis

MOTION PERIOD

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

S. 720--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 720 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.

Rep. WITHERSPOON proposed the following Amendment No. 22 (Doc Name COUNCIL\BBM\10398SJ04), which was adopted:
Amend the bill, as and if amended, by deleting SECTIONS 2, 3, and 4 in their entirety and inserting:
/ SECTION   2.   Chapter 59 of Title 44 of the 1976 Code, as contained in SECTION 1, takes effect upon approval by the Governor and upon enactment of a comparable act by the State of North Carolina establishing the River Basins Advisory Commissions. /
Renumber sections to conform.
Amend title to conform.

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

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

Yeas 100; Nays 0

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield

Printed Page 4844 . . . . . Tuesday, June 1, 2004

Battle                 Bingham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Cotty
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Govan
Hagood                 Hamilton               Harrell
Haskins                Herbkersman            J. Hines
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kirsh
Koon                   Leach                  Limehouse
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Richardson
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Total--100

Those who voted in the negative are:

Total--0

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


Printed Page 4845 . . . . . Tuesday, June 1, 2004

RECORD FOR VOTING

I inadvertently missed the vote on S. 720 and would have voted yes on the Bill.

Rep. Harry Stille

MOTION NOTED

Rep. HAYES moved to reconsider the vote whereby S. 458 (Word version), as amended, was given a second reading and the motion was noted.

RECURRENCE TO THE MORNING HOUR

Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.

INTRODUCTION OF BILL

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

H. 5401 (Word version) -- Reps. Parks, M. A. Pitts and Pinson: A BILL TO AMEND ACT 595 OF 1994, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT, UPON THE RECOMMENDATION OF THE COUNTY COUNCIL TO THE GREENWOOD COUNTY LEGISLATIVE DELEGATION, UNTIL THE NEXT REGULAR ELECTION OF SCHOOL TRUSTEES.
On motion of Rep. PARKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 5402 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE THE RIDGE VIEW HIGH SCHOOL "BLAZERS" BOYS TRACK AND FIELD TEAM IN RICHLAND COUNTY AND HEAD COACH JEFF BUYS ON WINNING THE 2004 CLASS AAAA BOYS TRACK AND FIELD STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD


Printed Page 4846 . . . . . Tuesday, June 1, 2004

WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THEIR SEASON.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5403 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND BETHLEHEM BAPTIST CHURCH OF RICHLAND COUNTY FOR ITS PARTICIPATION IN THE FATHERS WITH PRIDE FOUNDATION AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.

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

S. 965--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 965 (Word version) -- Senators Fair, Cromer, Thomas and Martin: A BILL TO AMEND SECTION 20-7-7205, AS AMENDED, CODE OF LAWS


Printed Page 4847 . . . . . Tuesday, June 1, 2004

OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, PROCEDURES FOR TAKING A CHILD INTO CUSTODY FOR A CRIMINAL VIOLATION AND THE DEPARTMENT OF JUVENILE JUSTICE DETENTION PROCEDURES, SO AS TO AUTHORIZE THE DEPARTMENT TO RENDER DETENTION SCREENING SERVICES BY TELEPHONE; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE PROHIBITION AGAINST CONFINING JUVENILES IN AN ADULT JAIL AND EXCEPTIONS TO THAT PROHIBITION, SO AS TO INCLUDE IN THE EXCEPTIONS, A JUVENILE CHARGED AS AN ADULT WITH A CLASS A, B, C, OR D FELONY; TO AMEND SECTION 20-7-7405, RELATING TO DEPARTMENT OF JUVENILE JUSTICE INTAKE AND PROBATION SERVICES, SO AS TO DELETE THE PROVISION REQUIRING THE BOARD OF JUVENILE PAROLE TO REVIEW AND APPROVE POLICIES RELATING TO THE PROVISION OF INTAKE SERVICES BY THE DEPARTMENT OF JUVENILE JUSTICE; TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF JUVENILES ADJUDICATED DELINQUENT, SO AS TO PROVIDE THAT THE COURT MAY ORDER A COMMUNITY EVALUATION TO BE CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THAT SUCH EVALUATION IS EQUIVALENT TO A SECURE RESIDENTIAL EVALUATION AND TO AUTHORIZE THE COURT TO WAIVE THE EVALUATION OF A JUVENILE ADJUDICATED DELINQUENT FOR COMMITTING A VIOLENT OFFENSE, THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, OR STRONG ARM ROBBERY BEFORE COMMITMENT OF THAT JUVENILE TO THE DEPARTMENT OF JUVENILE JUSTICE; AND TO REPEAL SECTION 20-7-1335, RELATING TO PROCEDURES FOR AND CIRCUMSTANCES UNDER WHICH JUVENILE RECORDS MAY BE DESTROYED AND CIRCUMSTANCES PROHIBITING THE DESTRUCTION OF SUCH RECORDS.

MOTION PERIOD

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


Printed Page 4848 . . . . . Tuesday, June 1, 2004

ELECTION OF A HOUSE ETHICS COMMITTEE MEMBER

The SPEAKER announced that nominations were in order for a member of the House Ethics Committee.

The following names were placed in nomination:

M.A. PITTS and J.E. SMITH

On motion of Rep. J.R. Smith, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for M.A. Pitts:

Altman                 Bailey                 Barfield
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cooper                 Cotty
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               McGee                  Merrill
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--71

The following named Representatives voted for J.E. Smith:

Allen                  Anthony                Bales
Battle                 Branham                Breeland

Printed Page 4849 . . . . . Tuesday, June 1, 2004

G. Brown               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Coleman
Emory                  Freeman                Govan
Hayes                  J. Hines               Hosey
Howard                 Jennings               Kennedy
Kirsh                  Lee                    Lloyd
Lourie                 Mack                   McCraw
McLeod                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Rivers                 Rutherford             Scott
J. E. Smith            Weeks                  Whipper

Total--39

RECAPITULATION

Rep. M.A. Pitts received   71
Rep. J.E. Smith received   39

Whereupon, the SPEAKER announced that Rep. M.A. PITTS was duly elected for the term prescribed by law.

S. 458--MOTION TO RECONSIDER TABLED

The motion of Rep. HAYES to reconsider the vote whereby the following Bill was given a second reading was taken up:

S. 458 (Word version) -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.

Rep. HARRISON moved to table the motion to reconsider.


Printed Page 4850 . . . . . Tuesday, June 1, 2004

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

Yeas 70; Nays 29

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cotty                  Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Gilham
Hagood                 Hamilton               Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Koon
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Ott
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Richardson
Rivers                 Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Tripp
Umphlett               Vaughn                 Viers
Whitmire               Wilkins                Witherspoon
Young

Total--70

Those who voted in the negative are:

Allen                  Anthony                Bales
Battle                 Breeland               R. Brown
Clyburn                Cobb-Hunter            Cooper
Freeman                Hayes                  J. Hines
Hosey                  Jennings               Kennedy
Lloyd                  Mack                   Miller
Moody-Lawrence         J. H. Neal             Neilson
Rutherford             Scott                  J. E. Smith

Printed Page 4851 . . . . . Tuesday, June 1, 2004

Townsend               Trotter                Weeks
Whipper                White

Total--29

So, the motion to reconsider was tabled.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

S. 1259 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 15 IN CLARENDON COUNTY FROM THE INTERSECTION WITH SOUTH CAROLINA HIGHWAY 261 TO THE BEGINNING OF THE ALTHEA GIBSON HIGHWAY THE "JUDGE REUBEN B. CLARK HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN CONTAINING THE WORDS "JUDGE REUBEN B. CLARK HIGHWAY".

S. 1259--ADOPTED AND SENT TO THE SENATE

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

S. 1259 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 15 IN CLARENDON COUNTY FROM THE INTERSECTION WITH SOUTH CAROLINA HIGHWAY 261 TO THE BEGINNING OF THE ALTHEA GIBSON HIGHWAY THE "JUDGE REUBEN B. CLARK HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN CONTAINING THE WORDS "JUDGE REUBEN B. CLARK HIGHWAY".

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


Printed Page 4852 . . . . . Tuesday, June 1, 2004

That the members of the General Assembly, by this resolution, request the South Carolina Department of Transportation to name that portion of South Carolina Highway 15 in Clarendon County from the intersection with South Carolina Highway 261 to the beginning of the Althea Gibson Highway "Judge Reuben B. Clark Highway" and to erect an appropriate marker or sign containing the words "Judge Reuben B. Clark Highway".

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

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

REPORT OF STANDING COMMITTEE

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

S. 1274 (Word version) -- Senators McConnell, Ravenel, Mescher, Grooms, Ford and Drummond: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BICYCLE-PEDESTRIAN LANE OF THE NEW ARTHUR RAVENEL, JR. BRIDGE THE GARRETT P. WONDERS MEMORIAL BICYCLE-PEDESTRIAN LANE, "WONDERS' WAY", IN MEMORY OF GARRETT PATRICK WONDERS OF GOOSE CREEK, AND TO REQUEST THAT APPROPRIATE SIGNS OR MARKERS BE POSTED SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER THE PASSIONATE AND GIFTED CYCLIST, NAVAL OFFICER, AND COMMUNITY LEADER.

S. 1274--ADOPTED AND SENT TO THE SENATE

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

S. 1274 (Word version) -- Senators McConnell, Ravenel, Mescher, Grooms, Ford and Drummond: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BICYCLE-PEDESTRIAN LANE OF THE NEW ARTHUR RAVENEL, JR. BRIDGE THE GARRETT P. WONDERS MEMORIAL BICYCLE-PEDESTRIAN LANE, "WONDERS' WAY", IN MEMORY OF GARRETT PATRICK WONDERS OF GOOSE


Printed Page 4853 . . . . . Tuesday, June 1, 2004

CREEK, AND TO REQUEST THAT APPROPRIATE SIGNS OR MARKERS BE POSTED SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER THE PASSIONATE AND GIFTED CYCLIST, NAVAL OFFICER, AND COMMUNITY LEADER.

Whereas, the members of the General Assembly were deeply saddened upon the death of Garrett Patrick Wonders of Goose Creek on Wednesday, March 10, 2004, at the age of twenty-five, when he was hit by a truck while riding his bicycle on Old Highway 52; and

Whereas, born in Warren, Ohio, to John and Shelley Wonders, Garrett graduated magna cum laude from Ohio State University in May of 2000, and married Terri Elliott on June 24, 2000. He went on to receive his Masters in Engineering from Ohio State University in May of 2001; and

Whereas, on July 23, 2001, Garrett Wonders was commissioned as an Ensign in the United States Navy and assigned as an instructor at the Naval Nuclear Power Training Command in Charleston; and

Whereas, an exceptional athlete who competed in marathons, triathlons, and adventure races, Garrett's true passion was cycling. He was a member of the 2003 United States Elite National Military Cycling Team and was training for the United States Olympic Trials and the 2004 United States Cycling Federation Elite National Road Championships in Redlands, California; and

Whereas, a vital part of the local cycling community, Garrett not only promoted cycling, but also encouraged good will, kindness, and friendliness among cyclists and the community; and

Whereas, Garrett Wonders is survived by his wife; parents; one brother, Jesse Wonders, and his wife, Jennifer; grandparents Herbert and Betty Daugherty and William and Patricia Wonders; and other loving family members; and

Whereas, it is appropriate that the members of the General Assembly request that the Department of Transportation name the bicycle-pedestrian lane of the new Arthur Ravenel, Jr. Bridge in memory of such an exemplary South Carolinian as Garrett Patrick Wonders. Now, therefore,


Printed Page 4854 . . . . . Tuesday, June 1, 2004

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

That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name the bicycle-pedestrian lane of the new Arthur Ravenel, Jr. Bridge the Garrett P. Wonders Memorial Bicycle-Pedestrian Lane, "Wonders' Way", in memory of Garrett Patrick Wonders of Goose Creek, and request that appropriate signs or markers be posted so that as the public passes they will remember the passionate and gifted cyclist, naval officer, and community leader.

Be it further resolved that a copy of this resolution be forwarded to Terri Elliott Wonders of Goose Creek.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1280 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE GAFFNEY ELK'S LODGE #1305 ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO EXTEND BEST WISHES TO THE LODGE FOR CONTINUED SUCCESS IN THE FUTURE.

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

Rep. COATES 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. 4812 (Word version) -- Reps. Stewart, Clyburn, Perry, D. C. Smith, J. R. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory,


Printed Page 4855 . . . . . Tuesday, June 1, 2004

Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE PRESIDENT GEORGE W. BUSH AND THE DEPARTMENT OF ENERGY TO UTILIZE EARLY RETIREMENT INCENTIVES AND VOLUNTARY SEPARATION INCENTIVES WHEN IMPLEMENTING A REDUCTION IN FORCE AT THE SAVANNAH RIVER SITE.

H. 5232 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE FOUR HOLE SWAMP ALONG UNITED STATES HIGHWAY 78 IN DORCHESTER COUNTY "THE MINUS BRIDGE", AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE MINUS BRIDGE".

H. 5389 (Word version) -- Reps. Miller, Breeland, Altman, Mack, Scarborough and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY BETWEEN DOAR ROAD AND SEEWEE ROAD THE "WILLIAM H. ALSTON HIGHWAY" AND PLACE APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "WILLIAM H. ALSTON HIGHWAY".

H. 5392 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE ELLEN H. HENDERSON FOR HER DEDICATION TO THE FIELD OF EDUCATION UPON HER


Printed Page 4856 . . . . . Tuesday, June 1, 2004

RETIREMENT AS DIRECTOR OF MEMBER SERVICES FOR THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.

H. 5393 (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 COMMEND THE EXTRAORDINARY HEROISM OF CORPORAL FREDDIE STOWERS AND TO HONOR HIM AS THE FIRST AFRICAN AMERICAN TO BE AWARDED THE MEDAL OF HONOR FOR WORLD WAR I OR WORLD WAR II.

H. 5399 (Word version) -- Reps. Govan, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks and Whipper: A CONCURRENT RESOLUTION TO COMMEND MR. JOEY R. PRESTON, ANDERSON COUNTY ADMINISTRATOR, FOR HIS OUTSTANDING SUCCESS AS A COUNTY ADMINISTRATOR, VALUABLE ASSISTANCE AND ADVICE HE HAS GIVEN THE LEGISLATIVE BLACK CAUCUS IN THE AREA OF ECONOMIC DEVELOPMENT, AND FOR BEING ONE OF THE MOST INNOVATIVE AND EFFECTIVE LOCAL GOVERNMENT OFFICIALS IN SOUTH CAROLINA.

H. 5400 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. ROBERT E. DENNIS,


Printed Page 4857 . . . . . Tuesday, June 1, 2004

PASTOR OF CEDAR GROVE BAPTIST CHURCH IN SIMPSONVILLE, ON HIS THIRTY-FIVE YEARS AT CEDAR GROVE AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

ADJOURNMENT

At 4:25 p.m. the House, in accordance with the motion of Rep. NEILSON, adjourned in memory of Henry Jett of Darlington County, to meet at 10:00 a.m. tomorrow.

***

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