THURSDAY, MARCH 11, 2004

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 Isaiah 48:17: “This is what the Lord says, ‘Your Redeemer, the Holy One of Israel: I am the Lord your God, who teaches you what is best for you, who directs you in the way you should go.’”

Let us pray. Almighty God, the world is Your creation and the object of Your love. Sensitize us and every neighbor in this body to Your way of truth. May all in authority aspire to humble service and godly use of power and privilege. Bless and keep all who serve in government in the State and Nation. Protect and care for our defenders of freedom. Hear us O God of might. Amen.

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

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

MOTION ADOPTED

Rep. UMPHLETT moved that when the House adjourns, it adjourn in memory of James Bryan Ware, Jr., brother-in-law of Representative Umphlett, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 10, 2004

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 208, H. 4700 by a vote of 46 to 0.

(R208) H. 4700 -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN BAMBERG-EHRHARDT SCHOOL DISTRICT 1 AND DENMARK-OLAR SCHOOL DISTRICT 2 IN BAMBERG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Very respectfully,

President

Received as information.

H. 4272--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., March 10, 2004

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H.4272:

H. 4272 -- Reps. Hinson, Altman, Breeland, R.Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

Very respectfully,

President

On motion of Rep. HINSON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HINSON, LIMEHOUSE and BREELAND to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEE

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

H. 4881 -- Reps. Bales and Neilson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS, FACULTY, AND REPRESENTATIVES OF THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES AND THE GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS ON THURSDAY, MARCH 11, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THEM FOR THEIR ACCOMPLISHMENTS AND FOR THE PURPOSE OF A PERFORMANCE BY THE CHORUS OF THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

Ordered for consideration tomorrow.

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

H. 4890 -- Reps. Barfield, Cotty, Viers, Toole, Clark, Rutherford, J.Brown, Ceips, Clemmons, Frye, Gilham, J.Hines, Keegan, Lloyd, Mahaffey, Moody-Lawrence, Rice, Simrill, G.R.Smith, Stille, Taylor, Vaughn and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND TAIWAN ON ITS FULL-FLEDGED DEMOCRACY, ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND TO SUPPORT ITS EFFORTS TO JOIN THE UNITED NATIONS, THE WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.

Ordered for consideration tomorrow.

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

H. 4913 -- Reps. Scott, Lourie, Bales, J.Brown, Cotty, Harrison, Howard, J.H.Neal, Quinn and J.E.Smith: A HOUSE RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF INTERSTATE 77 AND TWO NOTCH ROAD IN RICHLAND COUNTY FOR JOHN V. GREEN AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. GREEN'S SERVICE AND COMMITMENT TO WORKING WITHIN THE COLUMBIA COMMUNITY.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4931 -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE BOB PATEL OF SUMMERTON ON BEING NAMED THE FRANCHISEE OF THE YEAR FOR THE KNIGHT'S INN CORPORATION AND RECOGNIZE HIM FOR ALSO RECEIVING THE RENOVATION OF THE YEAR AND QUALITY OF THE YEAR AWARD FROM THE KNIGHT'S INN CORPORATION.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4932 -- 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 RECOGNIZE AND COMMEND REVEREND CALVIN ROBINSON, PASTOR OF THE BETHLEHEM BAPTIST CHURCH IN SALUDA, SOUTH CAROLINA, FOR HIS GLORIOUS SERVICE TO THE CHURCH AND TO HIS COMMUNITY.

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

HOUSE RESOLUTION

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

H. 4933 -- Rep. McCraw: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE GAFFNEY HIGH SCHOOL BASKETBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE TEAM AND THEIR HEAD COACH, MARK HUFF, ON WINNING THE 2004 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOMING A CHAMPIONSHIP TEAM.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the Gaffney High School Basketball Team at a date and time to be determined by the Speaker, to congratulate the team and their Head Coach, Mark Huff, on winning the 2004 Class AAAA State Basketball

Championship and to commend them for their hard work, competitive spirit, and dedication to becoming a championship team.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4934 -- Reps. Witherspoon, Clemmons, Loftis, Edge, Rhoad, Viers, Barfield, Lee, Snow, Duncan, Koon, Frye, Altman, Battle, R.Brown, Chellis, Coates, Davenport, Freeman, Hamilton, Harvin, Haskins, Hosey, Leach, McCraw, Miller, Phillips, Quinn, Sinclair, F.N.Smith, G.R.Smith, J.R.Smith, Stewart, Stille, Townsend, Tripp, Vaughn and Young: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 38 SO AS TO ENACT THE "SOUTH CAROLINA ISOLATED WETLANDS ACT OF 2004" WHICH ESTABLISHES A PROGRAM TO REGULATE ISOLATED WETLANDS AND ACTIVITIES IN AND AROUND ISOLATED WETLANDS INCLUDING A REQUIREMENT FOR MITIGATION TO COMPENSATE FOR ISOLATED WETLAND DISTURBANCES, BY ADDING SECTION 12-6-1125 SO AS TO PROVIDE THAT GROSS INCOME SHALL NOT INCLUDE AN AMOUNT RECEIVED BY THE OWNER OF ISOLATED WETLANDS FOR ALLOWING A PERSON TO USE THE ISOLATED WETLANDS IN A COMPATIBLE USE; BY ADDING SECTION 12-6-3525 SO AS TO PERMIT A TAXPAYER TO ELECT TO CLAIM AN INCOME TAX CREDIT IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE FEDERAL DEDUCTION ATTRIBUTABLE TO THE DONATION OF THE ISOLATED WETLANDS LOCATED IN THIS STATE; BY ADDING SECTION 12-37-945 SO AS TO PROVIDE THAT PROPERTY THAT IS MAPPED OR DELINEATED AS ISOLATED WETLANDS MUST BE CONSIDERED UNDEVELOPED PROPERTY FOR AD VALOREM TAX PURPOSES UNTIL SUCH TIME AS THE LANDOWNER OBTAINS A PERMIT THAT ALLOWS THE PROPERTY TO BE DEVELOPED; TO ADD SECTION 48-1-95 SO AS TO PROVIDE THAT ANY NATIONWIDE PERMIT APPLICATION SUBMITTED TO THE DEPARTMENT FOR CONSIDERATION SHALL BE PRESUMED TO COMPLY WITH THE APPLICABLE WATER QUALITY CRITERIA AND COASTAL ZONE MANAGEMENT CRITERIA OF THE STATE WITHOUT ANY FURTHER TERMS OR CONDITIONS IMPOSED BY THE DEPARTMENT AND TO DEFINE "NATIONWIDE PERMIT" FOR THAT PURPOSE; AND TO AMEND SECTION 48-39-210, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILITIZATIONS WITHIN CRITICAL AREAS, SO AS TO REVISE THE MANNER IN WHICH THESE ALTERATIONS OR UTILIZATIONS ARE PERMITTED AND GRANTED.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4935 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.

Referred to Committee on Education and Public Works

H. 4937 -- Reps. Vaughn, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F.N.Smith, G.R.Smith, Taylor, Tripp and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO TWO SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

On motion of Rep. VAUGHN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1029 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2856, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

HOUSE RESOLUTION

The following was introduced:

H. 4936 -- Rep. G.Brown: A HOUSE RESOLUTION TO CONGRATULATE AND COMMEND RYON A. WATKINS OF LEE COUNTY UPON BEING NAMED THE SOUTH CAROLINA EMS DIRECTOR OF THE YEAR FOR 2003 AND TO THANK HIM FOR HIS WORK ON BEHALF OF LEE COUNTY AND THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4938 -- Reps. W.D.Smith, Coleman, Harrison, J.E.Smith and Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF SUCCESSFUL PROSECUTOR, RESPECTED ATTORNEY, LOYAL FRIEND, AND FAMILY MAN, JAMES C. "JIM" ANDERS OF COLUMBIA, ON SATURDAY, MARCH 6, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

ROLL CALL

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

Altman / Anthony / Bales
Barfield / Bingham / Branham
Breeland / R.Brown / Cato
Ceips / Chellis / Clark
Clemmons / Clyburn / Coates
Cobb-Hunter / Coleman / Cooper
Cotty / Dantzler / Delleney
Duncan / Edge / Emory
Freeman / Frye / Gourdine
Hagood / Hamilton / Harrell
Harrison / Hayes / Herbkersman
J.Hines / M.Hines / Hinson
Hosey / Huggins / Keegan
Kirsh / Koon / Leach
Lee / Littlejohn / Lloyd
Loftis / Lucas / Mahaffey
McCraw / McGee / McLeod
Merrill / J.H.Neal / J.M.Neal
Neilson / Ott / Owens
Parks / Perry / Pinson
E.H.Pitts / M.A.Pitts / Rhoad
Rice / Richardson / Rivers
Sandifer / Scarborough / Scott
Simrill / Sinclair / Skelton
D.C.Smith / G.R.Smith / J.E.Smith
J.R.Smith / W.D.Smith / Snow
Stewart / Talley / Taylor
Toole / Tripp / Trotter
Umphlett / Vaughn / Viers
Walker / Weeks / Whipper
White / Whitmire / Wilkins
Witherspoon / Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 11.

Karl Allen / Vida Miller
Ronald Townsend / Kenneth Kennedy
James Battle / Joe Brown
JoAnne Gilham / Gloria Haskins
George Bailey / Becky Martin
Michael Thompson / Harry Stille
Leon Howard / Fletcher Smith
Bessie Moody-Lawrence / H.B. "Chip" Limehouse
Jerry Govan / Ralph Davenport
Olin Phillips / William Bowers
Richard Quinn / Alex Harvin
Grady Brown / Douglas Jennings
Joel Lourie / Todd Rutherford
G. Murrell Smith / David Mack

Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. G.BROWN a temporary leave of absence due to attending a funeral.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MACK a temporary leave of absence due to a family emergency.

DOCTOR OF THE DAY

Announcement was made that Dr. Gene Dickson of Sumter is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. BALES and NEILSON presented to the House a delegation of students, faculty and representatives of the Governor's School for the Arts and Humanities and the Governor's School for Science and Mathematics recognizing them for their accomplishments.

SPECIAL PRESENTATION

Rep. MCCRAW presented to the House the Gaffney High School "Indians" Boys Varsity Basketball Team, the 2004 Class AAAA Champions and the Gaffney High School "Indians" Varsity Football Team, the AAAA Champions, and their coaches.

CO-SPONSOR ADDED

In accordance with House Rule 5.2 below:

"5.2Every 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.4124
Date: / ADD:
03/11/04 / CLEMMONS

H. 4925--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Part IB.

H. 4925--THE GENERAL APPROPRIATION BILL

H. 4925 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2004; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

PART IB

SECTION 17

Section 17 was adopted.

SECTION 21--ADOPTED

Rep. LUCAS proposed the following Amendment No.157 (Doc Name h:\legwork\house\amend\h-wm\009\lucas forestry sales.doc), which was tabled:

Amend the bill, as and if amended, Part IB, Section 21, FORESTRY COMMISSION, page 395, after line 29, by adding an appropriately numbered paragraph to read:

/(FC: Sale of Forest Products)The State Treasurer shall pay to any county containing state forest lands an amount equal to fifty per cent of the gross proceeds received by the State in the current fiscal year from the sale of timber, pulpwood, poles, gravel, land rentals and other privileges on such state forest lands in any such county. This provision shall apply to all state forest lands managed or operated by the State Commission of Forestry whether they be owned in fee by the State or leased from the United States, but this provision shall not apply to state parks. The funds herein provided for shall be spent for general school purposes. Where a particular state forest lies in more than one county or school district, the funds derived from such state forest and to be paid by the State Treasurer shall be apportioned on the basis of land acreage involved. All funds distributed under the provisions of this section shall be spent upon the approval of a majority of the county legislative delegation, including the Senator. /

Renumber sections to conform.

Amend totals and titles to conform.

Rep. LUCAS explained the amendment.

POINT OF ORDER

Rep. HAYES raised the Point of Order that Amendment No. 157 was out of order in that it was not germane to the Bill under Rule 5.3B.

SPEAKER WILKINS stated that the amendment was germane to the Bill and he therefore overruled the Point of Order.

Rep. LUCAS continued speaking.

Rep. HARRELL moved to table the amendment.

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

Yeas 63; Nays 35

Those who voted in the affirmative are:

Altman / Barfield / Bingham
Cato / Ceips / Chellis
Clark / Clemmons / Cooper
Cotty / Dantzler / Edge
Frye / Gilham / Hagood
Hamilton / Harrell / Harrison
Haskins / Hayes / Herbkersman
Hinson / Huggins / Keegan
Kirsh / Koon / Leach
Littlejohn / Loftis / Mahaffey
McCraw / McLeod / Merrill
Owens / Perry / Pinson
Rhoad / Rice / Richardson
Sandifer / Scarborough / Sinclair
Skelton / D.C.Smith / G.R.Smith
J.R.Smith / Stewart / Talley
Taylor / Thompson / Toole
Townsend / Tripp / Trotter
Umphlett / Vaughn / Viers
Walker / White / Whitmire
Wilkins / Witherspoon / Young

Total--63