WEDNESDAY, MAY 25, 2005
Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Proverbs 15:22: “Plans fail for lack of counsel, but with many advisers they succeed.”
Let us pray. Almighty God, You are sufficient for us. However, we pray for the guidance of Your Spirit, working through Your appointed leaders to give us Your advice and counsel on the affairs of government and the leading of those elected and appointed officials who serve. Grant them wisdom, courage and integrity. Look in favor upon our Nation, President, State and her leaders. Keep our defenders of freedom safe and in Your care. Hear our prayer, O God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER PRO TEMPORE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.
MOTION ADOPTED
Rep. LOFTIS moved that when the House adjourns, it adjourn in memory of Oney Jaynes of Greenville, which was agreed to.
CONCURRENT RESOLUTION
The following was introduced:
H. 4196 -- Reps. G.M.Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BARTLETTE STREET IN THE CITY OF SUMTER FROM ITS INTERSECTION WITH WASHINGTON STREET TO ITS INTERSECTION WITH HARVIN STREET "W. A. (BUBBA) MCELVEEN STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS
STREET THAT CONTAIN THE WORDS "W. A. (BUBBA) MCELVEEN STREET".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
CONCURRENT RESOLUTION
The following was introduced:
H. 4197 -- Reps. Martin, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, Miller, 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, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA EDUCATIONAL TELEVISION FOR PROVIDING QUALITY TELEVISION AND RADIO PROGRAMMING TO RESIDENTS OF THE PALMETTO STATE FOR ALMOST FIFTY YEARS, AND FOR PROVIDING LIVE COVERAGE OF THE PROCEEDINGS OF BOTH CHAMBERS OF THE GENERAL ASSEMBLY SINCE 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
HOUSE RESOLUTION
The following was introduced:
H. 4198 -- Reps. Vaughn, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F.N.Smith, G.R.Smith, Taylor, Tripp, Agnew, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G.Brown, J.Brown, R.Brown, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hardwick, Harrell, Harrison, Harvin, Hayes, Herbkersman, J.Hines, M.Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Lee, Limehouse, Littlejohn, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rhoad, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C.Smith, G.M.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Stewart, Talley, Thompson, Toole, Townsend, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE DAVID HORTON WILKINS OF GREENVILLE, SPEAKER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, ON HIS MERITORIOUS TWENTY-FIVE YEAR LEGISLATIVE CAREER AND TO BID HIM A FOND FAREWELL AS HE UNDERTAKES HIS NEW ROLE SERVING OUR NATION AS AMBASSADOR TO CANADA.
Whereas, born on October 12, 1946, the son of the late William Walter Wilkins and the late Evelyn Wilkins, David Horton Wilkins of Greenville learned the importance of public service early on; and
Whereas, he has been a member of the South Carolina House of Representatives for twenty-five years and at the time of his election in December of 1994 was the first Republican-elected Speaker of any state legislative body in the South since Reconstruction; and
Whereas, David Wilkins quickly rose to a position of leadership in the House serving with distinction as Chairman of the Judiciary Committee for six years and then as Speaker Pro Tempore for two years before his historic election as Speaker; and
Whereas, this consummate Republican with superior intellect from the upstate also managed to build a reputation of generosity and fairness to members from both sides of the aisle and is universally respected as a result; and
Whereas, over the years he guided the House through such complex issues as welfare reform, property tax relief, education accountability, the creation of LIFE scholarships, judicial reform, government restructuring, redistricting, truth in sentencing, and most recently major tort reform, medical malpractice reform, and criminal domestic violence reform; and
Whereas, David Wilkins was also instrumental in crafting historic ethics reform and played a crucial role in the turbulent fight to ban video poker in the State; and
Whereas, during his tenure as Speaker, he continuously upheld the integrity of the House of Representatives and is known for the professionalism, energy, dedication, and determination with which he conducted the business of the House; and
Whereas, Speaker Wilkins guided the course of the House for over a decade through both good and bad financial times, and he will always be remembered for his appreciation and support of the House staff even as other state agencies were forced to furlough employees; and
Whereas, a close friend and colleague of President George W. Bush, he has been selected to serve as Ambassador to Canada – our State’s great loss is most certainly our nation’s gain; and
Whereas, David Wilkins is imminently qualified to be the next Ambassador to Canada. His ability to communicate the interests of the United States in his trademark clear, concise, and persuasive manner coupled with his vast legal and business experience will serve our nation well as he serves as diplomatic representative of this country to our significant trading partner; and
Whereas, though his public accomplishments are many, the Speaker is also a devoted family man. He is the husband of his beloved wife Susan Clary of Gaffney and the proud father of two sons: James and Robert; and
Whereas, the citizens of House District 24 and of the State, as well as the members and staff of the legislature, will miss the steadying influence and strength of character with which Speaker Wilkins led the State into the twenty-first century; and
Whereas, the legacy of this true statesman is extraordinary and unmatched, and it is with great pleasure and respect that his colleagues desire to recognize his strength, loyalty, and leadership for more than two decades in the House of Representatives and to publicly applaud his dedication to the high calling of public service. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend the Honorable David Horton Wilkins of Greenville, Speaker of the South Carolina House of Representatives, on his meritorious twenty-five year legislative career and bid him a fond farewell as he undertakes his new role serving our nation as Ambassador to Canada.
The Resolution was adopted.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Altman / Anderson / AnthonyBailey / Bales / Ballentine
Barfield / Battle / Bingham
Bowers / Brady / Branham
Breeland / G.Brown / J.Brown
R.Brown / Cato / Ceips
Chalk / Chellis / Clark
Clemmons / Clyburn / Cobb-Hunter
Coleman / Cooper / Cotty
Dantzler / Davenport / Delleney
Duncan / Emory / Frye
Funderburk / Hagood / Haley
Hamilton / Hardwick / Harrell
Harrison / Hayes / Herbkersman
J.Hines / M.Hines / Hinson
Hiott / Hosey / Howard
Huggins / Jefferson / Jennings
Kirsh / Leach / Limehouse
Loftis / Lucas / Mack
Mahaffey / Martin / McCraw
McGee / McLeod / Merrill
Miller / J.M.Neal / Norman
Ott / Owens / Parks
Perry / Phillips / Pinson
E.H.Pitts / M.A.Pitts / Rhoad
Rice / Sandifer / Scarborough
Simrill / Sinclair / Skelton
D.C.Smith / G.M.Smith / G.R.Smith
J.E.Smith / J.R.Smith / W.D.Smith
Stewart / Talley / Taylor
Thompson / Toole / Townsend
Umphlett / Vaughn / Walker
Weeks / Whipper / White
Whitmire / Witherspoon / Young
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, May 25.
Paul Agnew / Joseph NealGloria Haskins / Jerry Govan
Denny Neilson / Tracy Edge
Lanny Littlejohn / Thad Viers
Ted Vick / Kenneth Kennedy
John Scott / David Wilkins
Todd Rutherford / Karl Allen
Total--116
LEAVE OF ABSENCE
The SPEAKER PRO TEMPORE granted Rep. WILKINS a temporary leave of absence to attend confirmation hearings in Washington, D.C.
LEAVE OF ABSENCE
The SPEAKER PRO TEMPORE granted Rep. F.N.SMITH a leave of absence for the day due to a death in the family.
SPECIAL PRESENTATION
Rep. RHOAD presented to the House the Bamberg-Ehrhardt Golf Team, the Class A Champions, their coach and other school officials.
SPECIAL PRESENTATION
Rep. GOVAN presented to the House the Claflin University coaches and other school officials for being named the Eastern Intercollegiate Athletic Conference's Best Overall Program.
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 cosponsors may be added. A member may add his name to a bill or resolution or a cosponsor 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 cosponsor 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 cosponsor’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.4099Date: / ADD:
05/25/05 / R.BROWN
CO-SPONSOR ADDED
Bill Number: / H.4128Date: / ADD:
05/25/05 / OWENS
H. 3499--FREE CONFERENCE POWERS GRANTED
Rep. WALKER moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3499 -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G.R.Smith, J.R.Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J.E.Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E.H.Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
The yeas and nays were taken resulting as follows:
Yeas 88; Nays 5
Those who voted in the affirmative are:
Agnew / Allen / AltmanAnthony / Bailey / Bales
Ballentine / Battle / Bowers
Brady / Branham / G.Brown
J.Brown / R.Brown / Cato
Chalk / Chellis / Clark
Clemmons / Clyburn / Cobb-Hunter
Coleman / Cooper / Cotty
Dantzler / Davenport / Delleney
Emory / Funderburk / Govan
Hagood / Haley / Hamilton
Harrell / Hayes / Herbkersman
J.Hines / M.Hines / Hinson
Hiott / Hosey / Howard
Huggins / Jennings / Kirsh
Leach / Limehouse / Lucas
Mack / Mahaffey / Martin
McCraw / McGee / McLeod
Merrill / J.H.Neal / J.M.Neal
Norman / Ott / Owens
Parks / Phillips / M.A.Pitts
Rhoad / Rice / Sandifer
Scarborough / Scott / Simrill
Sinclair / Skelton / D.C.Smith
G.R.Smith / J.R.Smith / W.D.Smith
Stewart / Talley / Taylor
Toole / Townsend / Umphlett
Vaughn / Walker / Whipper
White / Whitmire / Witherspoon
Young
Total--88
Those who voted in the negative are:
Loftis / E.H.Pitts / G.M.SmithThompson / Weeks
Total--5
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER PRO TEMPORE appointed Reps. WALKER, TOWNSEND and ANTHONY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
H. 3499--FREE CONFERENCE REPORT ADOPTED
FREE CONFERENCE REPORT
H. 3499
The General Assembly, Columbia, S.C., May 24, 2005
The COMMITTEE OF FREE CONFERENCE, to whom was referred: (Doc. No. P:\LEGWORK\HOUSE\AMEND\COUNCIL\PT\ 2695SJ05.DOC)
H.3499 -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G.R.Smith, J.R.Smith, Battle, CobbHunter, Neilson, Clark, Harrison, Skelton, MoodyLawrence, Rice, Harvin, Ott, J.E.Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E.H.Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASEDIN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.