TUESDAY, MARCH 9, 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 13:10: “Pride only breeds quarrels, but wisdom is found in those who take advice.”
Let us pray. Dear Heavenly Father, as these Representatives prepare to discuss the budget for our State, instill in them the sense of fairness and responsibility. Give them wisdom to make the decisions which shall be good for the people of this State. Help them to have consideration and be attentive to the voice of reason. Guard and guide each of these people during this week. Bless our State and Nation and her leaders. Keep our defenders of freedom in Your loving care. 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 Friday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. R.BROWN moved that when the House adjourns, it adjourn in memory of John Chisholm, which was agreed to.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., March 4, 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.3448:
H. 3448 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
R. 208, H. 4700--ORDERED PRINTED IN THE JOURNAL
The SPEAKER ordered the following veto printed in the Journal:
March 8, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4700, R.208, 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.
This veto is based on the intention upon which Act 89 of 2003 was signed by me on July 23, 2003.
When I signed this legislation last year, it was my aim to give school districts a series of options to make up missed school days. My opposition to legislation, like H. 4700, then, as it is now, is that it is local in nature.
Under §59-1-430(A) of the South Carolina Code, “[a]ll school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of these occurrences.”
As a result of this requirement, Bamberg-Ehrhardt School District 1 designated February 13, February 16, and March 8 as make up days. All of the scheduled make-up days took place after the missed school days of January 26 and 27, 2003. However, the school district, unlike many other school districts throughout South Carolina, has opted to appeal to the General Assembly for relief under §59-1-430(B) of the South Carolina Code.
Denmark-Olar School District 2 designated February 13, March 5, and May 26 as make up days under the law. As a contrast to District 1, District 2 has already used February 13 and March 5, as their designated make up days, and therefore is not in need of legislative relief.
As a policy, we should require school districts to exhaust their make up days prior to providing legislative relief under §59-1-430(B), except in extremely unusual circumstances. In this case, however, many school districts have either proceeded with using their scheduled make up days or intend to do so. We should not simply carve out an exception for one school district.
For this reason, I am returning H. 4700, R.208 to you without my signature.
Sincerely,
Mark Sanford
Governor
R. 208, H. 4700--GOVERNOR'S VETO OVERRIDDEN
The Veto on the following Act was taken up:
(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.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Yeas 1; Nays 0
Those who voted in the affirmative are:
RhoadTotal--1
Those who voted in the negative are:
Total--0
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
COMMITTEE OFFICER
The following was received:
February 11, 2004
The Honorable Sandra K. McKinney
Clerk, South Carolina House of Representatives
Post Office Box 11867
Columbia SC 29211
The House Judiciary Committee voted on Tuesday, February 10, 2004, to fill our Second Vice-Chairman seat, which was vacated by Rep. Vincent Sheheen. Our new officer is as follows:
Second Vice-Chairman Honorable Alan D. Clemmons
If you have any questions, please call me at 734-3120.
Sincerely,
James H. Harrison, Chairman
Judiciary Committee
Received as information.
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 Chiropractic Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, April 1, 2004, at 8:00 a.m. on the State House Grounds.
Sincerely,
Nicki Davis
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 Mortgage Brokers Association the Members of the House of Representatives and their staff are invited to a reception. This event will be held on Tuesday, April 13, 2004, from 6:00 p.m. until 8:00 p.m. at the Vista Brewing Company and Bistro.
Sincerely,
David Krahn
SCMBA 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 Dean’s Advisory Committee of the College of Nursing at the Medical University of South Carolina the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, April 14, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Kay K. Chitty, Chair
Legislative Committee
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 ETV Endowment of South Carolina the Members of the House of Representatives and their staff are invited to a luncheon. This event will be held on Wednesday, April 14, 2004, at the ETV Communications Center located at 1041 George Rogers Boulevard.
Sincerely,
David M. Maxson
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 Association of Municipal Power Systems the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, April 14, 2004, from 6:00 p.m. until 8:00 p.m. at Seawell’s.
Sincerely,
Ken Barnett
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 Prevent Child Abuse SC the Members of the House of Representatives and their staff are invited to a breakfast. This event will be held on Thursday, April 15, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Paul Teeple
Director of Public Information and Development
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 National Guard Association of South Carolina the Members of the House of Representatives and their staff are invited to a luncheon. This event will be held on Tuesday, April 20, 2004, upon adjournment on the State House Grounds.
Sincerely,
Col. Thorne S. Ambrose
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 Blue Cross and Blue Shield of South Carolina the Members of the House of Representatives, their staff and families are invited to a Legislative Softball Game and Picnic. This event will be held on Tuesday, April 20, 2004, at 6:00 p.m. at the Capital City Bombers Stadium.
Sincerely,
Ed Sellers
Chairman, President & CEO
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 Hospitality Association of South Carolina the Members of the House of Representatives are invited to a “Taste of South Carolina” luncheon. This event will be held on Wednesday, April 21, 2004, at 12:00 noon on the State House Grounds.
Sincerely,
Alisa Wolf
Director of Meetings
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 Junior Golf Foundation and Bill Dukes the Members of the House of Representatives are invited to the “Annual Legislator Appreciation Night & Celebration of Golf” reception. This event will be held on Wednesday, April 21, 2004, from 6:00 p.m. until 8:00 p.m. at Willy’s & The Blue Marlin.
Sincerely,
Tim Kreger
Director of Development
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 YMCA’s of South Carolina the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, April 22, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Wendy L. Willis
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 Farm Bureau Federation the Members and staff of the House of Representatives are invited to a Legislative Banquet. This event will be held on Tuesday, April 27, 2004, at 6:00 p.m. at the Moore Building at the State Fairgrounds.
Sincerely,
Larry McKenzie
Assistant to the 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 Credit Union League the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, April 28, 2004, from 6:30 p.m. until 8:00 p.m. at Seawell’s Restaurant.
Sincerely,
John R. Franklin
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 School Counselor Association the Members of the House of Representatives and their staff are invited to a breakfast. This event will be held on Thursday, April 29, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Carolyn Haley
Secretary
REGULATION WITHDRAWN AND RESUBMITTED
Document No. 2889
Agency: Department of Labor, Licensing and Regulation, Building Codes Council
Statutory Authority: 1976 Code Section 6-9-63-(E)
Barrier Free Design, Building Codes Council
Received by Speaker of the House of Representatives
February 10, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 9, 2004
Withdrawn and Resubmitted April 4, 2004
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 924 -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PASS LIFETIME AND RETIREMENT SAVINGS ACCOUNTS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 926 -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT OUR ELECTED REPRESENTATIVES AND SENATORS IN THE UNITED STATES CONGRESS SUPPORT, WORK TO PASS, AND VOTE FOR THE IMMEDIATE AND PERMANENT REPEAL OF THE DEATH TAX.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 927 -- Senator Hawkins: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS A PERMANENT BAN ON INTERNET ACCESS TAXES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 928 -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PASS SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 1030 -- Senators Hutto and Matthews: A CONCURRENT RESOLUTION TO EXPRESS THE COMMITMENT OF THE PEOPLE OF SOUTH CAROLINA TO POSITIVE CHARACTER TRAITS IN ALL ENDEAVORS AS A "STATE OF CHARACTER", ENCOURAGING CHARACTER IN OUR SCHOOLS, BUSINESSES, FAITHS, GOVERNMENT, LAW ENFORCEMENT, MEDIA, COMMUNITY GROUPS, AND FAMILIES, AND TO RECOGNIZE MARCH 21, 2004, AS "STATE OF CHARACTER DAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
INTRODUCTION OF BILLS
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4910 -- Rep. Altman: A BILL TO AMEND SECTION 4-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX SO AS TO DELETE THE DEFINITION FOR "MINIMUM DISTRIBUTION", TO REPEAL SECTION 4-10-60, RELATING TO THE REQUIREMENT THAT A PORTION OF THE REVENUE IN EXCESS OF FIVE MILLION DOLLARS OF LOCAL OPTION SALES TAX REVENUE COLLECTED IN A COUNTY BE DISTRIBUTED TO OTHER COUNTIES TO PROVIDE THE MINIMUM DISTRIBUTION IN COUNTIES WHERE REVENUES OF THIS TAX ARE LESS THAN THE MINIMUM DISTRIBUTION.
Referred to Committee on Ways and Means
H. 4911 -- Rep. Kirsh: A BILL TO REPEAL CHAPTER 77, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS AND TO THE REGISTRATION AND REGULATION OF GEOLOGISTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4912 -- Rep. Miller: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004.
On motion of Rep. MILLER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 638 -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-45 SO AS TO PROVIDE FOR FUNDING OF COUNTY VETERANS AFFAIRS OFFICES FROM APPROPRIATED MONIES DIRECTLY PAYABLE FROM THE STATE TREASURER TO EACH COUNTY OFFICE INSTEAD OF THROUGH THE OFFICE OF THE GOVERNOR.
Referred to Committee on Ways and Means
S. 1020 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO FAILURE TO APPEAR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2845, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 1021 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO BURGLAR ALARM SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2828, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 1022 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR, OFFICE OF OCCUPATIONAL SAFETY AND HEALTH, RELATING TO RECORDKEEPING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2870, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Altman / Anthony / BaileyBales / Barfield / Battle
Bingham / Branham / Breeland
J.Brown / R.Brown / Cato
Ceips / Chellis / Clark
Clemmons / Clyburn / Cobb-Hunter
Cooper / Dantzler / Delleney
Duncan / Emory / Freeman
Frye / Gilham / Gourdine
Hagood / Hamilton / Harrell
Harrison / Hayes / Herbkersman
M.Hines / Hinson / Hosey
Howard / Huggins / Keegan
Kennedy / Kirsh / Koon
Leach / Limehouse / Littlejohn
Lloyd / Lourie / Lucas
Mahaffey / Martin / McGee
McLeod / Merrill / Miller
J.H.Neal / J.M.Neal / Ott
Owens / Parks / Perry
E.H.Pitts / M.A.Pitts / Quinn
Rhoad / Rice / Rivers
Sandifer / Scarborough / Scott
Simrill / Sinclair / Skelton
D.C.Smith / G.R.Smith / J.E.Smith
J.R.Smith / Stewart / Stille
Talley / Taylor / Thompson
Toole / Townsend / Tripp
Trotter / Umphlett / Vaughn
White / Whitmire / Wilkins
Witherspoon / Young
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, March 9.
Karl Allen / John J. “Bubber” SnowBessie Moody-Lawrence / William Bowers
Marty Coates / Gloria Haskins
Jesse Hines / Tracy Edge
Bill Cotty / Dwight Loftis
Brenda Lee / DeWitt McCraw
David Mack / Denny Neilson
G. Murrell Smith / Doug Smith
Lewis E. Pinson / Becky Richardson
Creighton Coleman / Jerry Govan
Douglas Jennings / Fletcher Smith
Robert Walker / Seth Whipper
David Weeks / Ralph Davenport
Grady Brown / Olin Phillips
Thad Viers
Total Present--121
DOCTOR OF THE DAY
Announcement was made that Dr. Angus McBryde of Columbia is the Doctor of the Day for the General Assembly.
CO-SPONSORS ADDED AND REMOVED
In accordance with House Rule 5.2 below: