WEDNESDAY, MARCH 24, 2004
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Proverbs 12:15: “Fools think their own way is right, but the wise listen to advice.”
Let us pray. Almighty God, our gracious Father, give protection, guidance, and support to those who lead our State. Give them powers of logic, judgment, and knowledge for right decisions to conduct the affairs of State. Inspire them with respect for the people they serve. Bless our State and Nation and her leaders. Protect and shield our defenders of freedom from harm. Hear us as we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. ALLEN moved that when the House adjourns, it adjourn in memory of Precious Breanna Gambell of Greenville, which was agreed to.
INVITATIONS
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Speech-Language-Hearing Association the Members and staff of the House of Representatives are invited to a breakfast and hearing screening. This event will be held on Wednesday, April 28, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Debbie E. Brady, President
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Chapter of the American Planning Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, May 6, 2004, at 8:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Sharon Richardson, President
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Citadel Alumni Association the Members of the House of Representatives are invited to a barbecue. This event will be held on Wednesday, May 5, 2004, at 6:30 p.m. in the Cantey Building at the State Fairgrounds.
Sincerely,
Michael F. Rogers, Executive Director
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Dairy and Agriculture Industry the Members and staff of the House of Representatives are invited to “The South Carolina Agriculture Expo”. This event will be held on Wednesday, May 12, 2004, from 10:00 a.m. until 3:00 p.m. on the State House Grounds.
Sincerely,
Charles R. Sharpe
December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Poultry Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, May 20, 2004, from 8:30 a.m. until 10:00 a.m. at the Clarion Town House Hotel.
Sincerely,
Gary Alexander
Chairman
February 3, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Beer Association the Members of the House of Representatives are invited to a legislative BBQ and
reception. This event will be held on Tuesday, May 4, 2004, from 6:00 p.m. until 8:00 p.m. at 1114 College Street.
Sincerely,
Richard V. Bridges
February 3, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Chapter of Alpha Kappa Alpha Sorority the Members of the House of Representatives are invited to a breakfast in Room 208 of the Blatt Building, Wednesday, May 5, 2004, from 8 a.m. until 10 a.m.
Sincerely,
Sheila McMillan
S.C. Connection Co-Chairperson
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., March 23, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H.4642:
H. 4642 -- Reps. Skelton, Cotty, Loftis, Sinclair, Cato, Simrill, Hayes, Barfield, Limehouse, Whipper, Altman, Anthony, Bailey, Battle, Bingham, Bowers, G.Brown, Ceips, Clark, Davenport, Duncan, Emory, Freeman, Hamilton, Harrell, Harrison, Herbkersman, J.Hines, M.Hines, Keegan, Kirsh, Leach, Mahaffey, Martin, Owens, Perry, Pinson, E.H.Pitts, Rice, Richardson, Scarborough, D.C.Smith, G.M.Smith, G.R.Smith, Stewart, Taylor, Toole, Trotter, Viers, White, Whitmire, Witherspoon, Young, Clemmons and Coates: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVES, TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY", AND TO PROVIDE FOR THE FLYING OR DISPLAY OF THE "POW/MIA" FLAG ON THIS RECOGNITION DAY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
INTRODUCTION OF BILLS
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5017 -- Reps. Cato, Leach, Tripp, Trotter, Richardson, Sandifer, Hinson and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 38-39-70, RELATING TO PREMIUM SERVICE AGREEMENTS, SO AS TO CLARIFY PROVISIONS OF PREMIUM SERVICE CONTRACTS AND DISCLOSURES, INCLUDING RENEWALS; TO AMEND SECTION 38-39-80, RELATING TO PREMIUM SERVICE COMPANIES, SO AS TO REQUIRE CERTAIN REGULATIONS BY THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-39-90, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES UPON DEFAULT, SO AS TO CLARIFY CERTAIN NOTICES TO INSUREDS.
Referred to Committee on Labor, Commerce and Industry
H. 5019 -- Rep. Harrison: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON INDIGENT DEFENSE MAY TRANSFER UNSPENT FUNDS FROM CARRY-FORWARD MONEYS FROM THE LAST FISCAL YEAR TO THE OFFICE OF
APPELLATE DEFENSE TO HELP OFFSET THAT AGENCY'S BUDGET REDUCTIONS.
On motion of Rep. HARRISON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 5020 -- Reps. Cato, Wilkins and Sandifer: A BILL TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUARANTEED ENERGY SAVINGS CONTRACT, SO AS TO PROVIDE THAT THESE CONTRACTS SHALL BE KNOWN AS GUARANTEED ENERGY, WATER, OR WASTE WATER SAVINGS CONTRACTS AND TO FURTHER PROVIDE FOR THE REQUIREMENTS, TERMS, AND CONDITIONS OF THESE CONTRACTS.
Referred to Committee on Labor, Commerce and Industry
S. 951 -- Senator Hutto: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE BARNWELL 19, BARNWELL 29, OR BARNWELL 45 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
On motion of Rep. HOSEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 952 -- Senator Hutto: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE ORANGEBURG 3, ORANGEBURG 4, OR ORANGEBURG 5 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 953 -- Senators Setzler, Knotts, Cromer and Courson: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON 1 OR LEXINGTON 2 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
Referred to Lexington Delegation
S. 954 -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE CHESTER COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 955 -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Rep. ANTHONY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 956 -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE YORK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Rep. RICHARDSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 957 -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE FAIRFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Rep. COLEMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
HOUSE RESOLUTION
The following was introduced:
H. 5018 -- Reps. Duncan, Taylor and M.A.Pitts: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE CLINTON CITY MANAGER SAM BENNETT ON BEING NAMED 2003 BUSINESS PERSON OF THE YEAR BY THE CLINTON ECONOMIC DEVELOPMENT CORPORATION AND TO EXTEND BEST WISHES TO HIM IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Allen / Altman / AnthonyBailey / Bales / Barfield
Battle / Bingham / Branham
Breeland / G.Brown / J.Brown
R.Brown / Cato / Ceips
Chellis / Clark / Clemmons
Clyburn / Cobb-Hunter / Coleman
Cooper / Dantzler / Davenport
Delleney / Duncan / Edge
Emory / Freeman / Gilham
Gourdine / Hagood / Hamilton
Harrell / Harrison / Haskins
Hayes / Herbkersman / J.Hines
M.Hines / Hinson / Hosey
Howard / Huggins / Keegan
Kennedy / Kirsh / Leach
Lee / Littlejohn / Lloyd
Loftis / Lourie / Lucas
Mack / Mahaffey / Martin
McCraw / McGee / McLeod
Merrill / Miller / J.H.Neal
J.M.Neal / Neilson / Ott
Owens / Perry / Pinson
E.H.Pitts / M.A.Pitts / Rice
Richardson / Rivers / Sandifer
Scarborough / Scott / Sinclair
Skelton / D.C.Smith / G.R.Smith
J.E.Smith / J.R.Smith / W.D.Smith
Snow / Stewart / Stille
Talley / Taylor / Toole
Townsend / Tripp / Trotter
Umphlett / Vaughn / 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 Wednesday, March 24.
G. Murrell Smith / Anne ParksFletcher Smith / Bill Cotty
Michael Thompson / H.B. "Chip" Limehouse
Gary Simrill / Bessie Moody-Lawrence
Jerry Govan / Todd Rutherford
Thad Viers / William Bowers
Marion Frye
Total Present--116
LEAVE OF ABSENCE
The SPEAKER granted Rep. RHOAD a leave of absence for the day due to illness in the family.
LEAVE OF ABSENCE
The SPEAKER granted Rep. PHILLIPS a leave of absence for today and tomorrow due to illness.
STATEMENT OF ATTENDANCE
Reps. COLEMAN and RUTHERFORD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, March 18.
DOCTOR OF THE DAY
Announcement was made that Dr. Coleman Floyd of Florence is the Doctor of the Day for the General Assembly.
SPECIAL PRESENTATION
Rep. OTT presented to the House the Calhoun County High School "Saints" Boys Basketball Team, the 2004 Class AA Champions, their coaches and other school officials.
CO-SPONSORS ADDED AND REMOVED
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.4575Date: / ADD:
03/24/04 / MCLEOD
CO-SPONSOR ADDED
Bill Number: / H.4262Date: / ADD:
03/24/04 / WHIPPER
CO-SPONSOR ADDED
Bill Number: / H.4262Date: / ADD:
03/24/04 / ALLEN
CO-SPONSOR ADDED
Bill Number: / H.4262Date: / ADD:
03/24/04 / JENNINGS
CO-SPONSOR ADDED
Bill Number: / H.4734Date: / ADD:
03/24/04 / JENNINGS
CO-SPONSOR ADDED
Bill Number: / H.4891Date: / ADD:
03/24/04 / MCLEOD
CO-SPONSOR REMOVED
Bill Number: / H.4790Date: / REMOVE:
03/24/04 / LUCAS
H. 5015--DEBATE ADJOURNED
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution, which was adopted:
H. 5015 -- Rep. Frye: A JOINT RESOLUTION TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SALUDA COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
SENT TO THE SENATE
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4797 -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEGINNER'S PERMITS, SO AS TO PROVIDE THAT A STUDENT WHO IS FIFTEEN YEARS OF AGE ENROLLED IN A HIGH SCHOOL DRIVER'S TRAINING COURSE IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTION 56-5-6140 RELATING TO THE DEPARTMENT OF MOTOR VEHICLES PROVIDING A COPY OF MOVING VIOLATION CHARGES AGAINST A PERSON UNDER THE AGE OF EIGHTEEN TO THE OWNER OF THE VEHICLE USED DURING THE VIOLATION.
H. 4798 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-265 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ACCEPT ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES; TO PROVIDE A FEE FOR COMMERCIAL PARTIES WHO TRANSMIT OR RETRIEVE DATA FROM THE DEPARTMENT, AND TO PROVIDE FOR THE COLLECTION AND DISBURSEMENT OF THIS FEE.
H. 4982 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2844, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4983 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2876, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
ORDERED ENROLLED FOR RATIFICATION
The following Bill 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:
S. 1044 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-740 SO AS TO AUTHORIZE THE AREA COMMISSION OF FLORENCE-DARLINGTON TECHNICAL COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE COMMISSION, TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO SUCH AN AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF SUCH AN AGREEMENT, TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A LEASE OR LEASE PURCHASE AGREEMENT WITH A PRIVATE ENTITY FOR IT TO OCCUPY A COLLEGE FACILITY OR A FACILITY TO BE BUILT BY THE COLLEGE ON COLLEGE PROPERTY FOR THE PURPOSE OF CONDUCTING AN ENTREPRENEUR OR COMMERCIAL ACTIVITY, AND TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A GROUND LEASE WITH A PRIVATE ENTITY FOR THE PRIVATE ENTITY TO BUILD A FACILITY ON PROPERTY OF THE COLLEGE IN WHICH IT WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.
H. 4803--DEBATE ADJOURNED
The following Bill was taken up:
H. 4803 -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUING PERMITS TO OWNERS OF GOLF CARTS THAT ALLOW THE GOLF CARTS TO BE OPERATED ON HIGHWAYS AND STREETS, SO AS TO PROVIDE THAT TO OBTAIN A PERMIT THE OWNER OF A GOLF CART SHALL PROVIDE THE DEPARTMENT PROOF OF ITS OWNERSHIP.
Rep. HAGOOD proposed the following Amendment No.1 (Doc Name COUNCIL\SWB\5954CM04):
Amend the bill, as and if amended, Section 563115, as contained in SECTION 1, page 1, after line 40, by adding the following appropriately lettered subsection:
/ (_)A municipality may require a golf cart owner to register the golf cart with the municipality in order to operate the golf cart within the municipality pursuant to subsection (A). Upon the payment of a fivedollar registration fee, the municipality may issue a registration decal to the golf cart owner that the owner must attach to the golf cart. /
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
Rep. HAGOOD moved to adjourn debate on the Bill until Wednesday, March 31, which was agreed to.