House Journal for Feb. 3, 2005 - South Carolina Legislature Online

THURSDAY, FEBRUARY 3, 2005

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 Deuteronomy 30:10: “Choose life so that you and your descendants may live.”

Let us pray. Holy and wise God, help us to follow Your way in our duties today and always be our guiding light. Show us the right paths to take and make us grateful for all we have that comes from Your bounty. Give us Your protection along with our Nation, our President, our State and her leaders. Keep our defenders of freedom safe. In Your Name 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. MILLER moved that when the House adjourns, it adjourn in memory of Leigh Ann Daniels of Greenville, which was agreed to.

HOUSE RESOLUTION

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

H. 3439 -- Reps. Bales, Neilson and Lucas: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO REPRESENTATIVES OF THE ADMINISTRATION, FACULTY, AND STUDENTS OF THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THEM FOR RECEIVING THE PALMETTO GOLD AWARD AND PARTICIPATING IN THE AWARD WINNING CONNECTING ARTS THROUGH SERVICE PROGRAM.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to representatives of the administration, faculty, and students of the South Carolina Governor’s School for the Arts and Humanities at a time and date to be determined by the Speaker, for the purpose of recognizing them for receiving the Palmetto Gold Award and for participating in the award winning Connecting Arts Through Service Program.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3440 -- Rep. Sandifer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO ANN ASHLEY WOOD, MISS SOUTH CAROLINA 2004, AND ALL THE CONTESTANTS COMPETING FOR THE MISS SOUTH CAROLINA 2005 TITLE, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to Ann Ashley Wood, Miss South Carolina 2004, and all the contestants competing for the Miss South Carolina 2005 title, on a date and at a time to be determined by the Speaker, for the purpose of being recognized and congratulated.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3441 -- Reps. Ceips, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G.Brown, J.Brown, R.Brown, Cato, 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, Lloyd, Loftis, 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, 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 HOUSE RESOLUTION RECOGNIZING THE RETURNING MEMBERS OF THE BEAUFORT ARMY NATIONAL GUARD FOR THEIR SERVICE AND SACRIFICE TO OUR STATE AND NATION.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3442 -- Reps. Bales, Neilson, Wilkins and Lucas: A HOUSE RESOLUTION RECOGNIZING THE STUDENTS OF THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES FOR STRIVING TO REACH THE FULL MEASURE OF THEIR TALENTS AND ABILITIES, FOR RECEIVING THE PALMETTO GOLD AWARD, AND FOR PARTICIPATING IN THE AWARD WINNING CONNECTING ARTS THROUGH SERVICE PROGRAM.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3443 -- Reps. Hinson, Young, Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G.Brown, J.Brown, R.Brown, Cato, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Harvin, Hayes, Herbkersman, J.Hines, M.Hines, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, J.H.Neal, J.M.Neal, Norman, Ott, Owens, 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 and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE FEBRUARY 4, 2005, AS "NATIONAL RED DRESS DAY" IN SOUTH CAROLINA AND ENCOURAGE ALL SOUTH CAROLINIANS TO WEAR RED ON THIS DAY TO HELP PROMOTE PUBLIC AWARENESS OF HEART DISEASE IN WOMEN.

Whereas, heart disease is the number-one killer of women, claiming a woman’s life every 60 seconds. According to the National Heart, Lung, and Blood Institute, one in two women in the United States dies of heart disease or stroke, while one in thirty dies of breast cancer; and

Whereas, cardiovascular disease, including heart disease and stroke, is South Carolina’s leading killer of women among all racial and ethnic groups. Data indicates that in 2000 alone, more than 7,000 women in South Carolina died of cardiovascular disease; and

Whereas, according to the American Heart Association about 500,000 women in the United States die each year from heart disease, while fewer than one in ten women perceive heart disease as their greatest health threat; and

Whereas, thirty-eight percent of women will die within one year of having a heart attack, compared to twenty-five percent of men; and

Whereas, minority women are at increased risk for heart disease, and the death rate from heart disease is substantially higher for black women than for white women; and

Whereas, many institutions and organizations in South Carolina, including the Trident Heart and Vascular Institute, have joined the “Red Dress Campaign” and the women members of the South Carolina General Assembly especially wish to encourage their colleagues and all South Carolinians to recognize the prevalence of heart disease and promote public awareness by wearing red on February 4, 2005. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, recognize February 4, 2005, as “National Red Dress Day” in South Carolina and encourage all South Carolinians to wear red on this day to help promote public awareness of heart disease in women.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3444 -- Rep. Miller: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE WACCAMAW HIGH SCHOOL "LADY WARRIORS" GIRLS TENNIS TEAM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE CLASS A-AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THESE EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3445 -- Reps. Taylor, 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, Lloyd, Loftis, 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, 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, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND ACKNOWLEDGE THE OUTSTANDING CONTRIBUTIONS OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) TO OUR NATION'S PROUD TRADITION OF LEADERSHIP IN SPACE EXPLORATION AND SCIENTIFIC DISCOVERY AND TO DECLARE THIS STATE'S FULL SUPPORT FOR NASA'S VISION FOR THE SPACE EXPLORATION PROGRAM.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3446 -- Reps. J.Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G.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, Lloyd, Loftis, 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, 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 RECOGNIZE AND HONOR MRS. LUCILLE HALLMAN HOLMAN OF COLUMBIA, ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO EXTEND BEST WISHES TO HER FOR CONTINUED GOOD HEALTH AND HAPPINESS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3447 -- Reps. Viers, Edge, Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, 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, 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, Lloyd, Loftis, 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, 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, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. JAMES M. "JIM" SESSIONS OF CONWAY UPON HIS RECENT DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3448 -- Reps. J.Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G.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, Lloyd, Loftis, 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, 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 EXPRESS A WARM WELCOME BY THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MARIA DO CARMO REBOUCAS DA CRUZ OF WASHINGTON, D.C., AS SHE VISITS THE STATE TO PARTICIPATE IN BLACK HISTORY MONTH EVENTS IN COLUMBIA, SOUTH CAROLINA, ON WEDNESDAY, FEBRUARY 16, 2005.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3449 -- Reps. Scott, 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, Lloyd, Loftis, 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, 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, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIE H. BRYANT OF RICHLAND COUNTY ON BEING INSTALLED AS A DEACON AND CHAIRMAN OF CORPORATE MISSIONS FOR GREATER FAITH UNITED MISSIONARY BAPTIST CHURCH, AND TO WISH HIM CONTINUED SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

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

H. 3450 -- Reps. Chalk, Clark, M.Hines, Bales, Agnew, Anderson, Anthony, Ballentine, Brady, Branham, R.Brown, Ceips, Clemmons, Edge, Emory, Govan, Haley, Hardwick, Haskins, Herbkersman, J.Hines, Martin, Moody-Lawrence, Norman, Rivers, Scarborough, Sinclair, G.R.Smith, J.R.Smith, W.D.Smith, Umphlett, Vaughn, Whitmire, Wilkins, Witherspoon, Young, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Breeland, G.Brown, J.Brown, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Frye, Funderburk, Hagood, Hamilton, Harrell, Harrison, Harvin, Hayes, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, Miller, J.H.Neal, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rhoad, Rice, Rutherford, Sandifer, Scott, Simrill, Skelton, D.C.Smith, F.N.Smith, G.M.Smith, J.E.Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Vick, Viers, Walker, Weeks, Whipper and White: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 15, 2005, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICIALS IN OUR STATE.

Whereas, municipalities derive their power from the state constitution and laws adopted by the General Assembly; and

Whereas, there are 268 duly incorporated municipalities within the State; and with 1.4 million or 35 percent of the state’s population residing within municipalities; and

Whereas, it is estimated that over one million people reside in urbanized areas surrounding the incorporated municipalities; and

Whereas, all municipalities large and small are considered the hometown for its residents, providing a sense of place and spirit of community to all within and around its municipal boundaries; and

Whereas, municipalities provide essential services such as law enforcement, fire protection, health and sanitation, recreation, and growth and development controls to protect and enhance the quality of life for all of the citizens of the State; and

Whereas, there are 1,584 mayors and municipal council members that have been duly elected by the residents of their hometown to implement policies and procedures to carry out the responsibility for providing these essential services; and

Whereas, there are over 17,000 hardworking, dedicated employees of the 268 municipalities that are charged with carrying out the policies and procedures enacted by the municipal councils to provide the essential services to its citizens; and

Whereas, municipalities are economic engines of the State, which drive the economy of the immediate region; and

Whereas, healthy, financially sound, and economically strong municipalities are essential to the health and welfare of the State. Now, therefore,