South Carolina General Assembly
118th Session, 2009-2010
Journal of the House of Representatives

Tuesday, January 26, 2010
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 138:7: "Though I walk in the midst of trouble, you preserve my life."
Let us pray. God of grace and mercy, may our prayers be alive with great reverence as we consider who You are. And may we show our thanksgiving with deeds worthy of our being. Guide us to focus our minds on the agenda at hand to fulfill the mission given to us. Shower Your blessings on our Nation, President, State, Governor, Speaker, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O Lord. 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. HARDWICK moved that when the House adjourns, it adjourn in memory of Kenneth G. Pippin of Glen Burnie, Maryland, which was agreed to.

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 4068
Agency: Board of Funeral Service
Statutory Authority: 1976 Code Sections 32-8-300 et seq.
Funeral Service Practice Act
Received by Speaker of the House of Representatives May 5, 2009
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration April 11, 2010
Revised: March 30, 2010
Revised: April 8, 2010

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration:

Document No. 4101
Agency: Board of Architectural Examiners
Statutory Authority: 1976 Code Sections 40-1-70 and 40-3-60
Practice of Architecture; Increased Use of Electronic Documents
Received by Speaker of the House of Representatives
January 21, 2010
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 21, 2010

Document No. 4103
Agency: Manufactured Housing Board
Statutory Authority: 1976 Code Sections 40-1-70 and 40-29-10
Apprentice Salespersons
Received by Speaker of the House of Representatives
January 21, 2010
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 21, 2010

Document No. 4100
Agency: Board of Accountancy
Statutory Authority: 1976 Code Sections 40-1-70 and 40-2-70
Firm Registration, Continuing Professional Education and Professional Standards
Received by Speaker of the House of Representatives
January 21, 2010
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 21, 2010

INTRODUCTION OF BILLS

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

H. 4412 (Word version) -- Reps. Crawford, Cobb-Hunter, Jefferson, Williams, Parker, Hosey, Daning, Bales, Lowe, R. L. Brown, Clyburn, Hodges and D. C. Smith: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC INDOOR AREAS WHERE SMOKING IS PROHIBITED UNDER THE "CLEAN INDOOR AIR ACT", SO AS TO ALSO PROHIBIT SMOKING OR POSSESSING LIGHTED SMOKING MATERIAL WITHIN TWENTY-FIVE FEET OF AN EXTERIOR ENTRY OR EXIT DOOR TO THE INDOOR AREA; AND TO AMEND SECTION 44-95-30, RELATING TO DESIGNATED SMOKING AND NONSMOKING AREAS, SO AS TO PROVIDE THAT A DESIGNATED SMOKING AREA MAY NOT BE WITHIN TWENTY-FIVE FEET OF AN EXTERIOR ENTRY OR EXIT DOOR TO A PUBLIC INDOOR AREA WHERE SMOKING IS PROHIBITED.
Referred to Committee on Judiciary

H. 4413 (Word version) -- Reps. Chalk, Gunn, Hardwick, Clemmons, Lowe and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 70 TO TITLE 44 TO ENACT THE "LICENSURE OF IN-HOME CARE PROVIDER ACT" SO AS TO REQUIRE A BUSINESS TO BE LICENSED TO PROVIDE, OR TO MAKE PROVISIONS FOR, IN-HOME CARE SERVICES THROUGH ITS EMPLOYEES OR AGENTS OR THROUGH CONTRACTUAL ARRANGEMENTS; TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROMULGATE REGULATIONS FOR LICENSURE IN ACCORDANCE WITH REQUIREMENTS PROVIDED FOR IN THIS ACT, INCLUDING, BUT NOT LIMITED TO, CRIMINAL BACKGROUND CHECKS; TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR IN-HOME CAREGIVERS EMPLOYED BY IN-HOME CARE PROVIDERS; AND TO PROVIDE THAT THE DEPARTMENT SHALL RETAIN ALL FEES COLLECTED PURSUANT TO THIS CHAPTER TO BE USED EXCLUSIVELY TO CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THIS CHAPTER.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4415 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2010.
On motion of Rep. HARRISON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4416 (Word version) -- Reps. Loftis, Hamilton, G. R. Smith, Dillard, Bannister, Bedingfield, Wylie, Nanney, Rice, Cato, Stringer and Allen: A BILL TO EXPAND THE AUTHORITY OF THE RENEWABLE WATER RESOURCES OF GREENVILLE COUNTY, ORIGINALLY CREATED AS THE GREATER GREENVILLE SEWER DISTRICT PURSUANT TO THE PROVISIONS OF ACT 362 OF 1925, TO USE THE BY-PRODUCTS OF WASTE TREATMENT FACILITIES FOR ALTERNATE ENERGY PRODUCTION.
On motion of Rep. LOFTIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4417 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 56-19-265, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION OF LIENS OR ENCUMBRANCES ON MOTOR VEHICLES AND MOBILE HOMES TO LIENHOLDERS, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO TRANSMIT NOTICE OF LIENS OR ENCUMBRANCES ON MOTOR VEHICLES AND MOTOR HOMES TO LIENHOLDERS ELECTRONICALLY, DELETE THE REFERENCE TO NOTICE BY PAPER CERTIFICATE, AND TO MAKE CONFORMING CHANGES.
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

The following was introduced:

H. 4414 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DR. JEANNE L. WARD OF OCONEE COUNTY FOR HER ADVOCACY OF ECONOMIC DEVELOPMENT IN THE STATE, AND TO CONGRATULATE HER FOR BEING NAMED THE AMBASSADOR OF ECONOMIC DEVELOPMENT FOR OCONEE COUNTY.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1081 (Word version) -- Senators Alexander and L. Martin: 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 HAROLD ALEXANDER "MAC" MCKEOWN OF PICKENS COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS MANY FRIENDS AND FAMILY MEMBERS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1093 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY LANCE CORPORAL CHRISTOPHER S. FOWLKES OF THE UNITED STATES MARINE CORPS WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN AFGHANISTAN, AND TO EXPRESS TO HIS FAMILY THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

ROLL CALL

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

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Bales                  Ballentine             Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Branham
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Cole                   Cooper                 Crawford
Daning                 Delleney               Dillard
Duncan                 Erickson               Forrester
Frye                   Funderburk             Gambrell
Gunn                   Hamilton               Hardwick
Harrell                Harrison               Harvin
Hayes                  Hearn                  Herbkersman
Hiott                  Hodges                 Horne
Hosey                  Howard                 Huggins
Hutto                  Jefferson              Jennings
Kelly                  Kennedy                King
Kirsh                  Knight                 Limehouse
Littlejohn             Loftis                 Long
Lowe                   McEachern              McLeod
Merrill                Millwood               D. C. Moss
V. S. Moss             Nanney                 J. H. Neal
J. M. Neal             Norman                 Owens
Parker                 Pinson                 M. A. Pitts
Rice                   Rutherford             Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stewart                Stringer               Thompson
Toole                  Umphlett               Weeks
White                  Whitmire               Williams
Willis                 Wylie                  A. D. Young
T. R. Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, January 26.

James E. Smith                    Bakari Sellers
Bruce Bannister                   Chris Hart
Tracy Edge                        Harry Ott
Leon Stavrinakis                  Ted Vick
Anne Parks                        Jerry Govan
Wendell Gilliard                  Jackson "Seth" Whipper
Thad Viers                        David Mack
Vida Miller                       James Lucas
Denny Neilson

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. BRADY a leave of absence for the day due to a meeting at the White House of state legislators on Clean Energy Legislation.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HALEY a leave of absence for the day due to a speaking engagement.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MITCHELL a leave of absence for the day due to a speaking engagement.

DOCTOR OF THE DAY

Announcement was made that Dr. Ted Watson of Anderson was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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. A member may add his name to a bill or resolution or a co-sponsor 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 co-sponsor 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 co-sponsor'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. 4226 (Word version)
Date:   ADD:
01/26/10   T. R. YOUNG

CO-SPONSOR ADDED

Bill Number:   H. 4269 (Word version)
Date:   ADD:
01/26/10   J. E. SMITH and DUNCAN

CO-SPONSOR ADDED

Bill Number:   H. 4280 (Word version)
Date:   ADD:
01/26/10   DUNCAN, JENNINGS, RICE, HIOTT, J. E. SMITH and AGNEW

CO-SPONSOR REMOVED

Bill Number:   H. 4033 (Word version)
Date:   REMOVE:
01/26/10   COLE

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3803 (Word version) -- Reps. Bannister, Harrison and Weeks: A BILL TO AMEND SECTIONS 62-1-201, 62-1-304, 62-1-401, 62-1-403, 62-2-205, 62-2-402, 62-3-203, 62-3-401, 62-3-403, 62-3-409, 62-3-414, 62-3-502, 62-3-503, 62-3-604, 62-3-607, 62-3-611, 62-3-806, 62-3-911, 62-3-1001, 62-3-1008, 62-3-1101, 62-3-1102, 62-3-1309, 62-5-101, 62-5-303, 62-5-305, 62-5-307, 62-5-309, 62-5-310, 62-5-401, 62-5-402, 62-5-405, 62-5-407, 62-5-411, 62-5-412, 62-5-416, 62-5-419, 62-5-428, 62-5-430, 62-5-501, 62-5-504, AS AMENDED, 62-5-604, AND 62-5-608, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE VARIOUS ACTIONS AND PROCEEDINGS CONCERNING THE AFFAIRS OF DECEDENTS, PROTECTED PERSONS, MINORS, AND INCAPACITATED PERSONS FALLING UNDER THE SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO DIFFERENTIATE BETWEEN A FORMAL PROCEEDING AND AN APPLICATION TO THE COURT AND THE PROCEDURAL RULES GOVERNING EACH, TO REQUIRE THE FILING AND SERVICE OF A SUMMONS AND PETITION TO COMMENCE A FORMAL PROCEEDING, AND TO DISTINGUISH THAT REQUIREMENT OF SUMMONS AND PETITION FROM THE NOTICE REQUIREMENTS FOR A HEARING ON A PETITION; AND TO AMEND SECTIONS 62-1-403, 62-3-703, 62-7-105, 62-7-201, 62-7-303, 62-7-305, 62-7-414, 62-7-505, 62-7-604, 62-7-709, 62-7-814, 62-7-902, 62-7-903, 62-7-904, 62-7-933, AND 62-7-1013, ALL RELATING TO THE SOUTH CAROLINA TRUST CODE, SO AS TO SUBSTITUTE "PERSON" FOR "PARENT" AND "ISSUE" FOR "CHILD", DELETE THE REQUIREMENT OF A TAXPAYER IDENTIFICATION NUMBER ON A CERTIFICATE OF TRUST, ALLOW CERTAIN REIMBURSEMENTS TO A PROSPECTIVE TRUSTEE, AND MAKE TECHNICAL CHANGES.

Rep. BANNISTER explained the Bill.

H. 3778 (Word version) -- Rep. Harvin: A BILL TO AMEND SECTION 44-7-2430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DATA PURSUANT TO THE "HOSPITAL INFECTIONS DISCLOSURE ACT", SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COMBINE DATA FROM MULTIPLE REPORTING PERIODS IN COMPILING THE DEPARTMENT'S REPORTS AND TO REQUIRE THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, RATHER THAN THE COMMISSIONER OF THE DEPARTMENT, TO APPOINT AN ADVISORY COMMITTEE ON HOSPITAL ACQUIRED INFECTIONS; TO AMEND SECTION 44-7-2440, AS AMENDED, RELATING TO REPORTS COMPILED BY THE DEPARTMENT ON HOSPITAL ACQUIRED INFECTIONS, SO AS TO REQUIRE REPORTS TO THE GENERAL ASSEMBLY TO BE SUBMITTED BEFORE APRIL SIXTEENTH OF EACH YEAR; AND TO AMEND SECTION 44-7-2460, RELATING TO THE REQUIREMENT THAT COMPLIANCE WITH THIS ACT IS A CONDITION OF HOSPITAL LICENSURE AND PERMITTING, SO AS TO ALSO AUTHORIZE THE IMPOSITION OF CIVIL MONETARY PENALTIES FOR NONCOMPLIANCE.

Rep. HARVIN explained the Bill.

H. 3871 (Word version) -- Reps. Harvin, Hosey and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-15 SO AS TO SPECIFY REPORTING REQUIREMENTS FOR LABORATORIES THAT TEST FOR INFECTIOUS OR OTHER DISEASES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO BE REPORTED AND TO PROVIDE A CIVIL MONETARY PENALTY FOR VIOLATIONS.

Rep. HARVIN explained the Bill.

H. 4406 (Word version) -- Rep. Funderburk: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

H. 3279 (Word version)--DEBATE ADJOURNED ON
MOTION TO RECONSIDER

Rep. T. R. YOUNG moved to adjourn debate on the motion to reconsider the vote whereby the Joint Resolution was rejected on third reading until Wednesday, January 27, which was agreed to.

OBJECTION TO RECALL

Rep. KENNEDY asked unanimous consent to recall H. 3842 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. THOMPSON objected.

H. 4087--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate Amendments to the following Bill was taken up for consideration:

H. 4087 (Word version) -- Rep. Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 53, TITLE 59 SO AS TO CREATE THE GREENVILLE TECHNICAL COLLEGE AREA COMMISSION AND TO PROVIDE FOR ITS MEMBERSHIP.

Rep. BEDINGFIELD proposed the following Amendment No. 1A (COUNCIL\AGM\19789BH10), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Act 743 of 1962, as last amended by Act 599 of 1992, is further amended by adding:

"Section 1A.   (A)   There is created the Greenville Technical College Area Commission, which is a body politic and corporate and the governing body of Greenville Technical College. The commission consists of twelve members, three of whom shall serve as non-voting members:

(1)   the Superintendent of Greenville County School District, who shall serve ex-officio;

(2)   the Director of Workforce Development, who shall serve ex-officio; and

(3)   a representative of the University Center of Greenville selected upon the recommendation of the Chairman of the Greenville County Legislative Delegation.

The remaining members are voting members, must be selected by the Greenville County Legislative Delegation, and include:

(1)   a member selected upon the recommendation of the Chairman of the Greenville County Council, who may not be a current council member;

(2)   a member selected upon the recommendation of the Chairman of the Greenville County Legislative Delegation;

(3)   one member selected from either House District 17 or House District 18;

(4)   one member selected from either House District 20 or House District 22;

(5)   one member selected from either House District 23 or House District 25;

(6)   one member selected from either House District 19 or House District 26;

(7)   one member selected from either House District 21 or House District 24;

(8)   one member selected from either House District 27 or House District 28; and

(9)   one member selected at large.

A member of the area commission shall serve for a term of four years, except the member selected upon the recommendation of the Chairman of the Greenville County Council and the members selected upon the recommendation of the Chairman of the Greenville County Legislative Delegation shall serve for a term of two years. Present members of the commission shall serve until their terms end, with their respective successors appointed by the legislative delegation according to the above method. The delegation shall designate one of the present members from House District 19 to serve at large.

(B)   The commission shall:

(1)   establish the basic qualifications for and appoint a president for the term and under the conditions as it may fix, the commission having full powers of appointment and dismissal to the fullest extent permitted by law and applicable regulations;

(2)   provide for the employment of personnel pursuant to Section 59-53-20;

(3)   purchase land required for college sites and rights-of-way which are necessary for the proper operation of the college;

(4)   apply the standards and requirements for admission and graduation of students and other standards established by the State Board for Technical and Comprehensive Education;

(5)   receive and accept private donations, gifts, bequests, and the like to apply them or invest any of them and apply the proceeds for the purposes and upon the terms which the donor may prescribe and which are consistent with the provisions of law and the regulations of the State Board for Technical and Comprehensive Education;

(6)   establish and discontinue programs of instruction within the college upon the recommendation of the president;

(7)   require the execution of studies and take steps as are necessary to ensure that the functions of the college are always those which are most helpful and feasible in light of the resources available to the school;

(8)   designate members or other agents or representatives to represent the college before the Greenville County Council, the State Board for Technical and Comprehensive Education, and other agencies concerned with the serving of financial support for the needs of the college for operation expenses and capital outlay;

(9)   adopt and recommend current expense and capital outlay budgets;

(10)   perform acts and do other things as may be necessary or proper for the exercise of the foregoing specific powers, including the adoption and enforcement of reasonable rules, regulations, and bylaws for the government and operation of the college under law and for the discipline of students;

(11)   perform functions required as necessary for the proper governance of the college with regard to policy, personnel, and fiduciary matters in accordance with standards generally accepted and established for trusteeship of a community college."
SECTION   2.   Sections 2 and 3 of Act 743 of 1962 are deleted.
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. BEDINGFIELD explained the amendment.
The amendment was then adopted.

The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

H. 4358--ADOPTED

The following House Resolution was taken up:

H. 4358 (Word version) -- Reps. Herbkersman, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS TO URGE FAIR TREATMENT OF OUR UNITED STATES NAVY SEALS IN ALL MATTERS MILITARY AND CIVIL, AND TO URGE A GENERAL SHOWING OF SUPPORT FOR OUR NATION'S ARMED FORCES.

The Resolution was adopted.

H. 4349--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4349 (Word version) -- Reps. Gilliard, Alexander, Allen, Allison, Anderson, Harvin, Hayes, King, Mack, Mitchell, Parker, Bowen, Branham, Gunn, Hodges, Hosey, Knight, Littlejohn, Stavrinakis and Williams: A CONCURRENT RESOLUTION TO URGE OUR FEDERAL, STATE, AND LOCAL GOVERNMENTS, ALONG WITH CHURCHES AND NEIGHBORHOOD ASSOCIATIONS, TO STEP UP THEIR EFFORTS TO ASSIST THE HOMELESS IN LIGHT OF THE NATION'S ECONOMIC DOWNTURN, ADVERSE WEATHER CONDITIONS, AND AN INCREASE IN THE HOMELESS POPULATION.

The Concurrent Resolution was adopted and sent to the Senate.

S. 424--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

S. 424 (Word version) -- Senators Bright, S. Martin, Alexander, Campbell, Fair, Knotts, Cromer, Mulvaney, Verdin, L. Martin, Shoopman, Rose, McConnell, Thomas, Cleary, Courson, Coleman, Davis, Reese, Campsen, Grooms, Ryberg, Peeler, O'Dell, Bryant and Massey: A CONCURRENT RESOLUTION TO AFFIRM THE RIGHTS OF SOUTH CAROLINA BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.

Reps. BEDINGFIELD and DUNCAN proposed the following Amendment No. 1 (COUNCIL\GGS\22467SD10):
Amend the concurrent resolution, as and if amended, by striking the paragraph beginning on line 28 of page 4 and inserting:
/   Whereas, intervention by armed South Carolinians may prove to be the sole means for this State to protect the liberties guaranteed it and all other States under the Tenth Amendment to the United States Constitution; and   /
Amend the concurrent resolution further, as and if amended, by striking the paragraph beginning on line 33 of page 4 and inserting:
/   Whereas, due to the potential need for intervention by armed South Carolinians, the protections afforded under the Second Amendment to the United States Constitution are of upmost importance to the citizens of South Carolina and the State of South Carolina; and   /
Renumber sections to conform.
Amend title to conform.

Rep. BEDINGFIELD explained the amendment.
Rep. KENNEDY moved to adjourn debate on the Concurrent Resolution until Wednesday, January 27.

Rep. Bedingfield requested a division vote.

By a division vote of 26-55, the House refused to adjourn debate.

Rep. MCLEOD spoke against the amendment.

Rep. LITTLEJOHN moved to adjourn debate on the Concurrent Resolution until Wednesday, January 27, which was agreed to.

Rep. LITTLEJOHN moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4400 (Word version) -- Reps. Bales, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE JAMES AMICK FOR FIFTY YEARS OF SERVICE IN THE LOWER RICHLAND RURITAN CLUB AND TO COMMEND HIM FOR HIS MANY ACTS OF KINDNESS TO THOSE IN NEED.

H. 4408 (Word version) -- Reps. Funderburk and Gunn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. DAISY B. ALEXANDER OF KERSHAW COUNTY FOR HER LIFETIME ACHIEVEMENTS AS AN EDUCATOR AND COMMUNITY VOLUNTEER, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN ALL HER FUTURE ENDEAVORS.

ADJOURNMENT

At 1:07 p.m. the House, in accordance with the motion of Rep. HARDWICK, adjourned in memory of Kenneth G. Pippin of Glen Burnie, Maryland, to meet at 10:00 a.m. tomorrow.

***

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