South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives


Printed Page 1398 . . . . . Tuesday, March 7, 2006

Tuesday, March 7, 2006
(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 66:2a: "This is the one I esteem; he who is humble and contrite in spirit and trembles at my word."
Let us pray. Gracious God, Your blessings are ever upon us and we offer our thanks to You. Help us to understand that with Your guidance, we can accomplish many wonderful things for You and the people we serve. Lead us by the hand, that with Your help we can face anything. Provide courage, wisdom and strength to these leaders as we begin the day. Bless our Nation, President, State, Governor and leaders. Protect our defenders of freedom as they protect us. We ask in the name of our Lord. 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. BATTLE moved that when the House adjourns, it adjourn in memory of Victor James, father-in-law of House employee Pat James, which was agreed to.

INVITATION

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

March 3, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:


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On behalf of the Southeastern Province of Kappa Alpha Psi Fraternity, Inc., the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 16, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
James L. Coleman, Ed.D.
Chair

REGULATION RECEIVED

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

Document No. 3044
Agency: Department of Social Services
Statutory Authority: 1976 Code Section 43-5-580(b)
Child Support Guidelines
Received by Speaker of the House of Representatives
March 6, 2006
Referred to Judiciary Committee
Legislative Review Expiration February 10, 2007

REPORTS OF STANDING COMMITTEES

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

H. 4517 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO INCLUDE IN ITS JURISDICTION A FINAL DECISION OF AN AGENCY OR OF AN ADMINISTRATIVE LAW JUDGE IF PROVIDED BY LAW; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO


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PROVIDE THAT A PARTY AGGRIEVED BY A CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41, RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.
Ordered for consideration tomorrow.

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

S. 1173 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MARCH 22, 2006, AS "CREATING SOLUTIONS FOR DISABILITIES DAY" TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 22, 2006, AT WHICH TIME THE STATE EASTER SEAL AND "BUCK-A-CUP" REPRESENTATIVES WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4751 (Word version) -- Reps. J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-


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Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE HOUSE OF REPRESENTATIVES UPON THE PASSING OF JOSEPH EDWARD CHILDS OF GREENVILLE COUNTY AND TO OFFER HIS FAMILY AND MANY FRIENDS OUR DEEPEST SYMPATHY.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4752 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-3010 AND 56-5-3020 SO AS TO ESTABLISH THE CRIMES OF VEHICULAR HOMICIDE AND VEHICULAR GREAT BODILY INJURY, AND TO PROVIDE PENALTIES FOR BOTH CRIMES.
Referred to Committee on Judiciary

H. 4758 (Word version) -- Rep. G. Brown: A BILL TO ENACT THE "SCHOOL DISTRICT OF LEE COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN LEE COUNTY FOR NOT MORE THAN FIVE YEARS TO PAY DEBT SERVICE ON OR OTHERWISE DEFRAY THE COST OF CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE LEE COUNTY COUNCIL, TO PROVIDE FOR THE IMPOSITION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THIS TAX, AND TO EXEMPT FROM THE TAX FOOD ITEMS WHICH LAWFULLY MAY BE


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PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4768 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-185 SO AS TO AUTHORIZE CONSUMERS TO RECEIVE MERCHANDISE COUPONS OFFERED BY MANUFACTURERS, SUPPLIERS, OR IMPORTERS ON THE PURCHASE OF BEER, WINE, AND ALCOHOLIC LIQUOR, TO PROVIDE CONDITIONS AND LIMITATIONS AS TO THE MANNER IN WHICH THE COUPONS MAY BE OFFERED TO CONSUMERS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary

H. 4769 (Word version) -- Reps. Rice, Haskins, Cato, Hamilton, Owens, G. R. Smith, Tripp and Vaughn: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 156 SO AS TO ESTABLISH THE SPECIAL NEEDS SCHOLARSHIP PROGRAM THAT PROVIDES SPECIAL NEEDS STUDENTS WITH THE OPTION TO ATTEND A PUBLIC OR NONPUBLIC SCHOOL OF THEIR CHOICE.
Referred to Committee on Ways and Means

S. 1084 (Word version) -- Senators McConnell, Ritchie, Bryant, Campsen, Ford, Ryberg and Knotts: A BILL TO ENACT THE "UNBORN VICTIMS OF VIOLENCE ACT OF 2006" BY ADDING SECTION 16-3-1083, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO COMMITS A VIOLENT CRIME THAT CAUSES THE DEATH OF, OR INJURY TO, A CHILD IN UTERO IS GUILTY OF A SEPARATE OFFENSE AND THAT THE PERSON MUST BE PUNISHED AS IF THE DEATH OR INJURY OCCURRED TO THE UNBORN CHILD'S MOTHER; TO SPECIFY CERTAIN ELEMENTS THAT ARE NOT REQUIRED TO BE PROVEN; TO PROVIDE THAT THE PERSON MUST BE PUNISHED FOR MURDER OR ATTEMPTED MURDER IF THE PERSON INTENTIONALLY KILLED OR ATTEMPTED TO KILL THE UNBORN CHILD; TO PROHIBIT IMPOSING THE DEATH PENALTY FOR AN OFFENSE PROSECUTED PURSUANT TO


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THIS SECTION; AND TO PROHIBIT THE PROSECUTION OF A PERSON FOR CONDUCT RELATED TO AN ABORTION IF PROPER CONSENT WAS OBTAINED AND TO MEDICAL TREATMENT OF A PREGNANT WOMAN AND OF A WOMAN WITH RESPECT TO HER UNBORN CHILD.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

The following was introduced:

H. 4753 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND TOM FAZIO, ONE OF THE UNITED STATES' MOST RESPECTED AND WELL-KNOWN GOLF COURSE DESIGNERS, FOR AN UNPARALLELED CAREER THAT HAS MADE HIM INTERNATIONALLY FAMOUS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4754 (Word version) -- Reps. Vaughn, Allen, Bannister, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor and Tripp: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR FRANK D. PINCKNEY OF GREENVILLE COUNTY FOR HIS LEADERSHIP AND PUBLIC SERVICE AS PRESIDENT AND CEO OF THE GREENVILLE HOSPITAL SYSTEM UPON THE OCCASION OF HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4755 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION TO COMMEMORATE THE TWENTIETH ANNIVERSARY OF THE GULLAH FESTIVAL OF SOUTH CAROLINA AND TO RECOGNIZE THOSE INVOLVED WITH THE FESTIVAL FOR


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THEIR DEDICATION IN BRINGING THE GULLAH CULTURE AND TRADITION TO ALL SOUTH CAROLINIANS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4756 (Word version) -- Reps. Bailey, Dantzler, Rhoad and Umphlett: A CONCURRENT RESOLUTION TO HONOR JOHN TYE HEATH HILL, CORNERBACK OF THE CLEMSON UNIVERSITY FOOTBALL TEAM, FOR HIS OUTSTANDING ATHLETICISM AND LEADERSHIP AND TO RECOGNIZE HIM FOR HIS INSTRUMENTAL ROLE IN THE SUCCESS OF CLEMSON UNIVERSITY'S 2005 FOOTBALL SEASON.

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

CONCURRENT RESOLUTION

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

H. 4757 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks,


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Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2006 AS VOTER EDUCATION MONTH IN SOUTH CAROLINA FOR THE PURPOSE OF ENCOURAGING PEOPLE TO REGISTER TO VOTE AND FOR THE PURPOSE OF EDUCATING VOTERS ON THE STATE'S NEW VOTING MACHINES TO BE USED FOR THE FIRST TIME IN ALL COUNTIES.

Whereas, to accomplish the goals of educating voters on the state's new touch screen voting machines and encouraging people to register and to vote, the General Assembly has determined by this resolution to declare May 2006 as Voter Education Month in South Carolina; and

Whereas, the right of American citizens to vote is ensured by the United States Constitution, and registering empowers citizens to vote on election day, upholding the basis of democracy with one voice, one vote; and

Whereas, the cornerstone of a democracy is an educated, informed, and participatory electorate; and

Whereas, approximately two and one-half million South Carolinians are currently registered to vote, but more than eight hundred thousand people are eligible but have not yet registered; and

Whereas, the voter registration process is easy and convenient, with applications available at county voter registration offices, the Department of Motor Vehicles, and other state agencies. It can also be accomplished online and at various locations across the Palmetto State during voter registration drives; and

Whereas, June 13, 2006, and November 7, 2006, are primary election and general election days, respectively, across South Carolina, with people casting their votes for members of Congress, state constitutional officers, county and local officials, amendments to our state's constitution, and local issues; and

Whereas, the State Election Commission is in the third year of leading a voter education effort under the United States "Help America Vote" Act; and


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Whereas, all South Carolina counties for the first time will use the same voting system in the June 13 primary and November 7 general election; and

Whereas, ensuring that all registered voters are familiar with and comfortable using new voting systems is essential to encouraging greater participation in elections. Now, therefore,

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

That the members of the General Assembly declare the month of May 2006 as Voter Education Month in South Carolina for the purpose of encouraging people to register to vote and for the purpose of educating voters on the state's new voting machines to be used for the first time in all counties.

Be it further resolved that a copy of this resolution be forwarded to the State Election Commission.

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

HOUSE RESOLUTION

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

H. 4759 (Word version) -- Rep. Miller: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE LOWCOUNTRY DAY SCHOOL BOYS SOCCER TEAM OF GEORGETOWN COUNTY, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR IMPRESSIVE WIN OF THE 2005 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS A STATE CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACHES, GARY GATES AND DANNY BELL, FOR AN EXCEPTIONAL SEASON.

Be it resolved by the House of Representatives:


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That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and school officials of the Lowcountry Day School Boys Soccer Team of Georgetown County, at a date and time to be determined by the Speaker, to congratulate them on their impressive win of the 2005 South Carolina Independent Schools Association Class A State Championship, and to honor the players and their coaches, Gary Gates and Danny Bell, for an exceptional season.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4760 (Word version) -- Rep. Miller: A HOUSE RESOLUTION TO CONGRATULATE THE LOWCOUNTRY DAY SCHOOL BOYS SOCCER TEAM OF GEORGETOWN COUNTY ON ITS IMPRESSIVE WIN OF THE 2005 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND THEIR COACHES, GARY GATES AND DANNY BELL, ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4761 (Word version) -- Rep. Delleney: A HOUSE RESOLUTION EXPRESSING THE DEEP SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON LEARNING OF THE DEATH OF CHESTER COUNTY COUNCILMAN WILLIAM "BILL" WESTBROOK AND EXTENDING THEIR CONDOLENCES TO HIS FAMILY AND FRIENDS.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4762 (Word version) -- Rep. Delleney: A HOUSE RESOLUTION TO EXTEND DEEPEST SYMPATHY AND SORROW OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FAMILY AND FRIENDS OF THE LATE GEORGE "BUNNY" GUY, SR., CHESTER COUNTY COUNCILMAN AND BUSINESSMAN, ON THE OCCASION OF HIS DEATH.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4763 (Word version) -- Rep. Frye: A HOUSE RESOLUTION TO CONGRATULATE THE BATESBURG-LEESVILLE HIGH SCHOOL FOOTBALL TEAM OF LEXINGTON COUNTY ON ITS MOST IMPRESSIVE CAPTURING OF THE 2005 CLASS AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND THEIR COACHING STAFF, LED BY HEAD COACH COURTNEY MCINNIS, ON AN UNFORGETTABLE SEASON.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 4764 (Word version) -- Reps. Phillips and Harrell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 5, 2006, AT 12:00 NOON, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, COLLEGE OF CHARLESTON, COASTAL CAROLINA UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA,


Printed Page 1409 . . . . . Tuesday, March 7, 2006

WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2006, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

(1)   That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives Wednesday, April 5, 2006, at 12:00 noon, for the purpose of electing members of the boards of trustees of The Citadel, Clemson University, College of Charleston, Coastal Carolina University, Francis Marion University, Lander University, Medical University of South Carolina, South Carolina State University, University of South Carolina, Wil Lou Gray Opportunity School, and Winthrop University to succeed those members whose terms expire in 2006, or whose positions otherwise must be filled; and

(2)   That all nominations be made by the Chairman of the Joint Legislative Committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.

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

CONCURRENT RESOLUTION

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

H. 4765 (Word version) -- Reps. McGee, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes,


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Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 16, 2006, FROM 11:30 A.M. TO 12:30 P.M. FOR ITS ANNUAL STATE HOUSE MEETING.

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

That Palmetto Boys State is authorized to use the Chambers of the House of Representatives and the Senate on Friday, June 16, 2006, from 11:30 a.m. to 12:30 p.m. for its annual State House meeting. If either House is in statewide session on this date or its Chamber is otherwise unavailable, that Chamber may not be used.

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the House and Senate Chambers by Palmetto Boys State on this date.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4766 (Word version) -- Reps. Jefferson and Clyburn: A CONCURRENT RESOLUTION TO HONOR ETHELINE P. WASHINGTON OF


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BERKELEY COUNTY FOR HER LAUDABLE CONTRIBUTIONS AND SINCERE DEVOTION TO PUBLIC EDUCATION IN SOUTH CAROLINA FOR OVER FORTY YEARS AND TO COMMEND HER FOR HER LIFELONG COMMITMENT TO HER FAMILY, CHURCH, AND COMMUNITY.

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

HOUSE RESOLUTION

The following was introduced:

H. 4767 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AT THE DEATH OF CORRIN FITTS BOWERS OF HAMPTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1215 (Word version) -- Senators Reese, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO URGE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND THE CONGRESS OF THE UNITED STATES TO TAKE SWIFT AND APPROPRIATE ACTION TO PROTECT AND SECURE THE SEAPORTS OF THE UNITED STATES AND TO PREVENT THE TRANSFER OF THE SECURITY AND OPERATIONAL RESPONSIBILITIES OF SEAPORTS TO ANY KNOWN FOREIGN STATE THAT PROVIDED LOGISTICAL AND FINANCIAL RESOURCES AND


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SUPPORT TO TERRORISTS THAT ATTACKED THE UNITED STATES ON SEPTEMBER 11, 2001.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

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

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

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Walker                 Weeks                  White
Whitmire               Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 7.

Ted Vick                          James Lucas
Douglas Jennings                  Denny Neilson
Todd Rutherford                   Kenneth Kennedy
Bill Cotty                        Harold Mitchell
Fletcher Smith
Karl Allen
Becky Martin
Gene Pinson   Jerry Govan
David Mack
Seth Whipper

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. BARFIELD a leave of absence for the week due to a business trip to Germany with the Chamber of Commerce.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. MARTIN a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. John DuBose of Camden is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or


Printed Page 1414 . . . . . Tuesday, March 7, 2006

resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
03/07/06   DANTZLER

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
03/07/06   DAVENPORT

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
03/07/06   CHELLIS

CO-SPONSOR ADDED

Bill Number:   H. 4685 (Word version)
Date:   ADD:
03/07/06   UMPHLETT

CO-SPONSOR ADDED

Bill Number:   H. 4727 (Word version)
Date:   ADD:
03/07/06   DUNCAN

CO-SPONSOR ADDED

Bill Number:   H. 4746 (Word version)
Date:   ADD:
03/07/06   G. M. SMITH


Printed Page 1415 . . . . . Tuesday, March 7, 2006

CO-SPONSOR ADDED

Bill Number:   H. 4718 (Word version)
Date:   ADD:
03/07/06   FUNDERBURK

CO-SPONSOR ADDED

Bill Number:   H. 4503 (Word version)
Date:   ADD:
03/07/06   THOMPSON

CO-SPONSOR ADDED

Bill Number:   H. 4503 (Word version)
Date:   ADD:
03/07/06   G. M. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4503 (Word version)
Date:   ADD:
03/07/06   LUCAS

JOINT ASSEMBLY

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

ADDRESS BY THE NATIONAL COMMANDER
OF THE AMERICAN LEGION

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

S. 1067 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS L. BOCK, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, MARCH 7, 2006.

The Honorable Thomas L. Bock and distinguished party were escorted to the rostrum by Senators Knotts, Setzler, Campsen, Hayes, Thomas and Anderson and REPRESENTATIVES E. H. PITTS, JR., CLARK, HOSEY, BATTLE, MILLER and MCLEOD.


Printed Page 1416 . . . . . Tuesday, March 7, 2006

The Lieutenant Governor recognized our special guests and then introduced Mr. Thomas L. Bock, the National Commander of the American Legion as follows:

Greetings, Speaker Bobby HARRELL, members of the South Carolina Senate and House of Representatives, distinguished guests. Lt. Governor Bauer. I thank you for that wonderful introduction. I do appreciate your kind words. I'm glad to be here and I thank you for the opportunity to speak to you today. Before I begin, let me take a moment to introduce members of the American Legion family who are with me today: the Commander of the South Carolina American Legion, Richard E. Walsh Sr., from Charleston, South Carolina, the National Executive Committeeman for the American Legion of South Carolina, R.M. Singletary of Cross, South Carolina, the Adjutant of the American Legion of South Carolina, Jimmy Hawk of Irmo, South Carolina, the President of the American Legion's Auxiliary for South Carolina, Theodore Montague of Columbia, South Carolina, and the Secretary of the American Legion's Ladies Auxiliary of South Carolina, Beth Douglas of Rock Hill, South Carolina.
On behalf of the 2.7 million Legionnaires around the world and the 190 Legion Posts throughout the State of South Carolina, I want to thank each of you. And I would like to thank the 413,500 veterans of South Carolina who have served their country bravely.
Since 1919, the charge of the American Legion has been to provide service to our veterans, their families, and to their communities. We have been at it for 87 years and I can tell you from first hand observations and one-on-one conversations with our soldiers, our wounded and their families, that the need to provide service to our service men and women is as great as it has ever been. And from what I have heard about efforts underway in South Carolina, made possible to a large degree by the members of this gathering, we are moving forward together to provide that badly needed service to veterans.
I commend you for all your work in supporting our veterans throughout the State. Most noteworthy is the South Carolina Office of Veterans Affairs, which works closely with the State's 46 County Veterans' Affairs Offices, to provide federal and state veterans' benefits to South Carolina's 413,500 veterans. Working with the U.S. Veterans' Administration, last year, they helped secure $1,127,000,000 in benefits for South Carolina veterans and their families. And I understand that in July of 2006 they will celebrate the opening of the State's third veterans' nursing home, a $28,000,000, 126,000 square


Printed Page 1417 . . . . . Tuesday, March 7, 2006

foot, 220-bed state-of-the-art facility in Walterboro. Also, in the spring of 2007, will open a $5,183,850 state veterans' cemetery in Anderson.
These achievements clearly demonstrate that the people of South Carolina are continuing to move forward in providing service and care for our veterans from all wars. As Commander of the world's largest veterans' service organization, I can assure you that the 2.7 million members of the American Legion continue to move with you in providing service to our veterans. In fact, this year, we are taking the concept of "Veterans' Helping Veterans" to new heights of public awareness. We are making our voices heard on Capitol Hill regarding the proposed 2007 VA budget, which was released on February 6. My friends, this budget will simply not do the job. While it calls for a veterans' health care budget of $34.3 billion, an increase of $3.5 billion more than 2006, this budget proposal will not meet the federal government's obligations to veterans.
The claim of a landmark increase of $3.5 billion is partly negated by $1.2 billion in necessary annual payroll and medical inflation costs. That will work a hardship on thousands of veterans that need multiple prescriptions just to stay alive. As the National Commander of the American Legion, I cannot accept a budget that deliberately aims to turn more than one million veterans away from the VA system in search of health care elsewhere.
The American Legion stands firm in its position that the only way VA health care can avoid annual shortages and broken promises is by changing the funding formula. Assured funding will keep all veterans who earned VA care in the system. VA health care must be funded on a dollars-per-veteran basis, indexed annually for inflation, with the ability to bill Medicare for reimbursement. Legion family members, all the members of this gathering and the good people of South Carolina should urge their members of Congress to support assured funding for VA health care and to allow every eligible veteran seeking VA care to receive that care.
I also ask for your support and involvement in our Resolution 169, "Support for the War on Terror." This is a grand initiative where we use every communication tool available to us to tell America about the outstanding service to God and country of our fighting men and women in uniform. I personally had an opportunity to tell America about the fine work our service men and women are doing. I visited Gunatanamo Bay, or Gitmo, as they call it. Guess what? What I saw down there is nothing like what the mainstream media is reporting. I have also been to Iraq and have visited with military leaders and have spoken with our

Printed Page 1418 . . . . . Tuesday, March 7, 2006

troops. Guess what? Morale is high! Again, it's nothing like what you see or hear in the mainstream media. At every opportunity, I go public and share what I have seen and heard in Gitmo and in Iraq. And I share with the American public what our troops are saying of how proud they are to serve their country.
Whether it's sponsoring welcome home receptions, assisting the military family while the spouse is away fighting for freedom, or going on local and national television to tell America about the wonderful job our troops are doing, the American Legion is making Resolution 169, "Support for the War on Terror," a way of life for our members. I know that ten percent of those serving in our armed forces today - Active Duty, National Guard and Reserves - are from this sovereign State of South Carolina. So, the opportunities to get involved in our, "Support for the War on Terror," resolution are plentiful here in South Carolina. Just get in touch with Adjutant Jimmy Hawk or your local American Legion Post to learn how you can get involved in our support the troops initiative.
Again, my deepest appreciation for all that you do for our veterans. "Veterans' helping Veterans," is what we are all about. And if any of you listening today happen to be a wartime veteran, I just happen to have American Legion application forms in my pocket. I thank you for all that you do for God and country. Thank you.

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

JOINT ASSEMBLY RECEDES

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

THE HOUSE RESUMES

At 12:51 p.m. the House resumed, the SPEAKER in the Chair.

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


Printed Page 1419 . . . . . Tuesday, March 7, 2006

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4747 (Word version) -- Reps. Funderburk, Harrison, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE REGINALD I. LLOYD OF KERSHAW COUNTY UPON HIS HISTORIC APPOINTMENT AS UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA AND TO HONOR HIM FOR HIS CONTINUED COMMITMENT OF SERVICE TO THE STATE.

H. 4748 (Word version) -- Reps. F. N. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton,


Printed Page 1420 . . . . . Tuesday, March 7, 2006

D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE REVEREND ROY NELSON PEA OF CAPITAL HEIGHTS, MARYLAND, AND FORMERLY OF SOUTH CAROLINA, FOR A LIFETIME OF SERVICE TO HIS FELLOW MAN AND ESPECIALLY TO THOSE LESS FORTUNATE THROUGH COUNTLESS ACTS OF KINDNESS AND SERVICE.

ADJOURNMENT

At 12:52 p.m. the House, in accordance with the motion of Rep. BATTLE, adjourned in memory of Victor James, father-in-law of House employee Pat James, to meet at 10:00 a.m. tomorrow.

***

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