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 Haggai 1:7: "This is what the Lord Almighty says: Give careful thought to your ways."
Let us pray. Almighty God, giver of every good thing, we thank You for the privilege of serving in this place. We thank You for all that we enjoy today, and for the part we can play in accomplishing Your will. May we work together with enthusiasm and a positive attitude to fulfill Your will. Look in favor upon our Nation, our President, our State and her leaders. Keep safe our defenders of freedom. In Your Holy 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.

Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of James Arthur, Sr. of Kershaw County, which was agreed to.

Columbia, S.C., February 22, 2005
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Charleston County Master-in-Equity
Term Commencing: December 24, 2004

Reappointment
The Honorable Mikell R. Scarborough
100 Broad Street, Suite 266
Charleston, South Carolina 29401
843-406-1331

Very respectfully,
President of the Senate
Received as information.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3380 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Bailey, Ballentine, Bingham, Brady, Ceips, Clemmons, Coates, Hagood, Haskins, Leach, Limehouse, Loftis, Mahaffey, E. H. Pitts, Rice, Rutherford, Skelton, D. C. Smith, G. R. Smith, Taylor, Toole, Tripp, Umphlett, Vaughn and Whitmire: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.
Ordered for consideration tomorrow.

H. 3378 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Bailey, Ballentine, Bingham, Brady, Ceips, Clemmons, Coates, Hagood, Haskins, Herbkersman, Leach, Limehouse, Loftis, Mahaffey, E. H. Pitts, Rice, Sandifer, Skelton, D. C. Smith, G. R. Smith, Taylor, Toole, Tripp, Umphlett, Vaughn and Whitmire: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3133 (Word version) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E. H. Pitts, Rice, Clark, M.A. Pitts, Walker, Toole and Viers: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT MARRIAGE IS EXCLUSIVELY DEFINED AS THE UNION BETWEEN ONE MAN AND ONE WOMAN.
Ordered for consideration tomorrow.

H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W. D. Smith, Townsend, Merrill, Ott, Rice, Mack, Clark, Simrill, Harrison, Davenport, M. Hines, Harvin, Bailey, Barfield, Bingham, Ceips, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Harrell, Haskins, Herbkersman, Hinson, Kirsh, Leach, Lloyd, Loftis, Mahaffey, Martin, McCraw, McGee, Owens, Perry, E. H. Pitts, Sandifer, Scott, Stewart, Thompson, Toole, Tripp, Umphlett, Vaughn, Vick, White, Wilkins, Witherspoon, Young and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE CERTAIN TERMS FOR THE PURPOSES OF THE ACT, TO EMPOWER LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO AUTHORIZE LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3155 (Word version) -- Reps. Townsend, Wilkins, Walker, Littlejohn, Battle, Clark, Cobb-Hunter, Simrill, Sandifer, Haley, Brady and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT WHICH PROVIDES FOR THE DEVELOPMENT OF A CURRICULUM ORGANIZED AROUND A CAREER CLUSTER SYSTEM THAT MUST PROVIDE STUDENTS WITH BOTH STRONG ACADEMICS AND REAL-WORLD

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. V. Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON

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

H. 3605 (Word version) -- Rep. Hiott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PICKENS HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM, COACHES, AND STAFF, AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON WINNING THE CLASS AAA VOLLEYBALL STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Pickens High School Varsity Girls Volleyball Team, coaches, and staff, at a time and date to be determined by the Speaker, for the purpose of congratulating and honoring the team on winning the Class AAA Volleyball State Championship.

The Resolution was adopted.

The following was introduced:

H. 3606 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO CONGRATULATE THE PICKENS HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM ON WINNING THE CLASS AAA VOLLEYBALL STATE CHAMPIONSHIP, COMMEND THE PLAYERS, COACHES, AND STAFF OF THE PICKENS HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM FOR A

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

The Senate sent to the House the following:

S. 512 (Word version) -- Senators McConnell and Campsen: A CONCURRENT RESOLUTION TO COMMEND THE USS GEORGE BANCROFT, A UNITED STATES NAVAL SUBMARINE HOME PORTED AT THE CHARLESTON NAVAL BASE, AND ITS CREWS FOR OUTSTANDING SERVICE TO OUR COUNTRY WHILE THE SUBMARINE WAS IN ACTIVE COMMISSIONED SERVICE, AND TO WELCOME FORMER CREW MEMBERS TO CHARLESTON AND SOUTH CAROLINA ON THE OCCASION OF THEIR REUNION.

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

The Senate sent to the House the following:

S. 514 (Word version) -- Senator J. V. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND JERRY GUO OF GREER UPON RECEIVING THE PRUDENTIAL SPIRIT OF COMMUNITY AWARD, TO RECOGNIZE HIM FOR AN OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT, AND TO EXTEND TO HIM BEST WISHES IN ALL HIS FUTURE ENDEAVORS.

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

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

H. 3607 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT ATTENDANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3608 (Word version) -- Rep. Scarborough: A BILL TO AMEND SECTIONS 27-18-30, 27-18-50, 27-18-60, 27-18-70, 27-18-80, 27-18-85, 27-18-90, 27-18-110, 27-18-140, AS AMENDED, 27-18-150, AS AMENDED, AND 27-18-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO TYPES OF PROPERTY AND THE TIME LONGER THAN THREE YEARS AFTER WHICH THE PROPERTY IS PRESUMED ABANDONED FOR PURPOSES OF THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE A MAXIMUM THREE-YEAR PERIOD AFTER WHICH ALL SUCH PROPERTY IS PRESUMED ABANDONED, TO REVISE THE CRITERIA THAT GIVE RISE TO THE PRESUMPTION OF ABANDONMENT OF SHARES OF STOCK AND BUSINESS INTERESTS, TO AMEND SECTION 27-18-180, AS AMENDED, RELATING TO REPORTING OF UNCLAIMED PROPERTY AND NOTICE TO APPARENT OWNERS, SO AS TO REQUIRE ADDITIONAL IDENTIFICATION IN REPORTS AND TO REQUIRE NOTICE TO APPARENT OWNERS AT LEAST SIXTY DAYS BEFORE THE HOLDER REPORTS THE PROPERTY, AND TO AMEND SECTION 27-18-250, RELATING TO CLAIMS FOR UNCLAIMED PROPERTY, SO AS TO UPDATE THE REFERENCE RELATING TO THE RATE OF INTEREST THAT MUST BE PAID ON THE PROPERTY, AND TO APPROPRIATE THE FIRST TWENTY MILLION DOLLARS IN REVENUES ATTRIBUTABLE TO THIS ACT FOR THE CAPERS HALL REPLACEMENT AND RENOVATION PROJECT.
Referred to Committee on Labor, Commerce and Industry

H. 3613 (Word version) -- Reps. Kirsh and Sandifer: A BILL TO AMEND CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA,

H. 3614 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR WITHHOLDING WAGES TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, INCLUDING COLLECTION AND DISBURSEMENT OF THE WITHHELD WAGES, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FAMILY COURT FEES, COSTS, AND ALLOWANCES, INCLUDING THE FIVE PERCENT ADDITIONAL FEE ADDED TO CHILD SUPPORT PAYMENTS FOR COURT COSTS, SO AS TO PROVIDE THAT THE PAYOR OF THIS ADDITIONAL FIVE PERCENT AGREES, BY PAYING THROUGH THE COURT OR A CENTRALIZED SYSTEM, THAT THIS PAYMENT IS FOR SATISFACTION OF COURT COSTS, AGREES THAT IT IS NOT CHILD SUPPORT, AS DEFINED IN FEDERAL LAW, AND AGREES TO THE DISTRIBUTION OF THIS PAYMENT TO THE STATE FOR COURT COSTS.
Referred to Committee on Judiciary

H. 3615 (Word version) -- Reps. Dantzler, Frye, Scarborough, Bailey, Hinson, Jefferson, Perry and Rhoad: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40

The following was introduced:

H. 3609 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION TO COMMEND BENJAMIN PARKER MUSTIAN, FORMER CHIEF COUNSEL TO THE SOUTH CAROLINA HOUSE JUDICIARY COMMITTEE, FOR HIS OUTSTANDING SERVICE TO THE COMMITTEE AND HIS DEDICATION TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO EXTEND BEST WISHES TO HIM IN ALL HIS FUTURE ENDEAVORS.

Whereas, Ben Mustian joined the House Judiciary Committee as Staff Counsel in July of 2000 and became Chief Counsel in September of 2003; and

Whereas, beloved by staff and members alike, he is known for his kind nature, his deep voice, and his infectious laugh; and

Whereas, his experience and knowledge proved invaluable to the Judiciary Committee as it examined complex legislation particularly in the areas of Constitutional Law, Campaign Finance, and Ethics; and

Whereas, the Judiciary Committee and its staff will miss "Benjamina", as he was affectionately known by staff, and will find it difficult to replace this hard-working, talented, and congenial man who was often prone to give a "little knowing wink" to special friends; and

Whereas, though he has left the House in pursuit of developing his legal skills in the regulatory area, we can all take comfort in the fact that we can catch up with him at the Publick House if we get there early enough; and

Whereas, the members of the Judiciary Committee and the South Carolina House of Representatives express their gratitude to Ben for his hard work and the professionalism with which he did the work of the committee and House. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina commend Benjamin Parker Mustian, Former Chief Counsel to the House Judiciary Committee, for his outstanding service to the committee and his dedication to the South Carolina House of Representatives and extend best wishes to him in all his future endeavors.

Be it further resolved that a copy of this resolution be presented to Benjamin Parker Mustian.

The Resolution was adopted.

The following was introduced:

H. 3610 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JARRETT DONALD

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

The following was introduced:

H. 3611 (Word version) -- Reps. Vick and Jennings: A CONCURRENT RESOLUTION TO WELCOME HOME THE MEN AND WOMEN OF BRAVO BATTERY 3RD BATTALION, DETACHMENT, 178TH FIELD ARTILLERY OF CHERAW, SOUTH CAROLINA FROM THEIR TOUR OF DUTY IN IRAQ AND TO EXPRESS THE DEEPEST RESPECT AND ADMIRATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THESE SOLDIERS FOR THEIR COURAGE, BRAVERY, AND THE MANY SACRIFICES THEY HAVE MADE IN THEIR SERVICE TO OUR NATION AND THE PEOPLE OF IRAQ.

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

The following was introduced:

H. 3612 (Word version) -- Reps. Vick and Jennings: A CONCURRENT RESOLUTION TO WELCOME HOME THE MEN AND WOMEN OF BRAVO BATTERY 3RD BATTALION, 178TH FIELD ARTILLERY OF BENNETTSVILLE, SOUTH CAROLINA FROM THEIR TOUR OF DUTY IN IRAQ AND TO EXPRESS THE DEEPEST RESPECT AND ADMIRATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THESE SOLDIERS FOR THEIR COURAGE, BRAVERY, AND THE MANY SACRIFICES THEY HAVE MADE IN THEIR SERVICE TO OUR NATION AND THE PEOPLE OF IRAQ.

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

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

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                 Coleman
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hiott
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Lee
Littlejohn             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
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 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                 White

Whitmire               Wilkins                Witherspoon
Young

I came in after the roll call and was present for the Session on Wednesday, February 23.

Jackson "Seth" Whipper            David Weeks
Thad Viers                        Gilda Cobb-Hunter
Bill Cotty                        Lewis E. Pinson
Todd Rutherford                   Tracy Edge
H.B. "Chip" Limehouse             Robert Harrell

The SPEAKER granted Rep. BOWERS a leave of absence for the remainder of the day.

Rep. JENNINGS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 22.

Reps. WILKINS, BALES, NEILSON and LUCAS presented to the House students and faculty of the South Carolina Governor's School for the Arts and Humanities for receiving the Palmetto Gold Award and for participating in the award winning Connecting Arts Through Service Program.

Reps. NEILSON, BALES and LUCAS presented to the House representatives of the administration, faculty and students of the Governor's School for Science and Mathematics for receiving the Palmetto Award.

Reps. HOSEY and RHOAD presented to the House the Jefferson Davis Academy "Raiders" Football Team, the 2004 SCISSA Class A Champions, their coach and other school officials.

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. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. 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."

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   PINSON

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   OWENS

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   HIOTT

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   LITTLEJOHN

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   WALKER

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   MAHAFFEY

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   ALTMAN

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   SINCLAIR

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   CATO

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   RHOAD

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   LEACH

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   HAMILTON

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   G. R. SMITH

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   BATTLE

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   KENNEDY

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   CLYBURN

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   JEFFERSON

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   NEILSON

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   BALES

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   EMORY

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   MARTIN

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   AGNEW

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   HERBKERSMAN

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   BOWERS

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   CLEMMONS

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   EDGE

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   WITHERSPOON

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   HARDWICK

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   TOOLE

Bill Number:   H. 3575 (Word version)
Date:   ADD:
02/23/05   BINGHAM

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   MCLEOD

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   MACK

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   BREELAND

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   M. HINES

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   ANDERSON

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   HOSEY

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   PARKS

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   PINSON

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   JEFFERSON

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   WALKER

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   SINCLAIR

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   HAMILTON

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   G. R. SMITH

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   MAHAFFEY

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   MCGEE

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   BREELAND

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   D. C. SMITH

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   ANTHONY

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   PHILLIPS

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   RHOAD

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   FUNDERBURK

Bill Number:   H. 3020 (Word version)
Date:   ADD:
02/23/05   SCOTT

Bill Number:   H. 3060 (Word version)
Date:   ADD:
02/23/05   SCARBOROUGH

Bill Number:   H. 3072 (Word version)
Date:   ADD:
02/23/05   CEIPS

Bill Number:   H. 3110 (Word version)
Date:   ADD:
02/23/05   THOMPSON

Bill Number:   H. 3110 (Word version)
Date:   ADD:
02/23/05   J. E. SMITH

Bill Number:   H. 3110 (Word version)
Date:   ADD:
02/23/05   RUTHERFORD

Bill Number:   H. 3110 (Word version)
Date:   ADD:
02/23/05   HALEY

Bill Number:   H. 3110 (Word version)
Date:   ADD:
02/23/05   BALLENTINE

Bill Number:   H. 3110 (Word version)
Date:   ADD:
02/23/05   RHOAD

Bill Number:   H. 3110 (Word version)
Date:   ADD:
02/23/05   AGNEW

Bill Number:   H. 3320 (Word version)
Date:   ADD:
02/23/05   THOMPSON

Bill Number:   H. 3129 (Word version)
Date:   ADD:
02/23/05   SCARBOROUGH

Bill Number:   H. 3265 (Word version)
Date:   ADD:
02/23/05   HALEY

Bill Number:   H. 3265 (Word version)
Date:   ADD:
02/23/05   BALLENTINE

Bill Number:   H. 3355 (Word version)
Date:   ADD:
02/23/05   CLARK

Bill Number:   H. 3338 (Word version)
Date:   ADD:
02/23/05   LEE

Bill Number:   H. 3488 (Word version)
Date:   ADD:
02/23/05   WEEKS

Bill Number:   H. 3536 (Word version)
Date:   ADD:
02/23/05   DUNCAN

Bill Number:   H. 3539 (Word version)
Date:   ADD:
02/23/05   WHIPPER

Bill Number:   H. 3381 (Word version)
Date:   REMOVE:
02/23/05   SCARBOROUGH

The Veto on the following Act was taken up:

R. 380, H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES FOR MORE THAN ONE HUNDRED TWENTY DAYS OR UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.

Rep. LITTLEJOHN explained the Veto.

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:

Agnew                  Altman                 Anderson
Anthony                Bailey                 Barfield
Battle                 Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Coates                 Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Emory
Frye                   Funderburk             Govan
Hamilton               Hardwick               Harrison
Hayes                  M. Hines               Hinson
Hiott                  Jefferson              Jennings
Leach                  Lee                    Limehouse
Littlejohn             Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 J. M. Neal             Norman
Owens                  Phillips               Pinson
M. A. Pitts            Rivers                 Rutherford
Sandifer               Scott                  Simrill
Sinclair               Skelton                G. R. Smith
J. R. Smith            W. D. Smith            Talley
Taylor                 Thompson               Townsend
Tripp                  Umphlett               Vaughn
Vick                   Viers                  Walker
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Ballentine             Bingham                Clemmons
Clyburn                Cobb-Hunter            Hagood
Haley                  Harrell                Huggins
Kirsh                  Loftis                 J. H. Neal
Parks                  Perry                  E. H. Pitts
Rice                   Scarborough            D. C. Smith

G. M. Smith            J. E. Smith            Stewart
Toole

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

I was out of the Chamber when the vote on H. 5136 was taken. I would have voted to override the veto.

Rep. Joe Mahaffey

The following House Resolution was taken up:

H. 3575 (Word version) -- Reps. Barfield, Miller, Anderson, Sandifer, Pinson, Owens, Hiott, Littlejohn, Walker, Mahaffey, Altman, Sinclair, Cato, Rhoad, Leach, Hamilton, G. R. Smith, Battle, Kennedy, Clyburn, Jefferson, Neilson, Bales, Emory, Martin, Agnew, Herbkersman, Bowers, Clemmons, Edge, Witherspoon, Hardwick, Toole and Bingham: A HOUSE RESOLUTION REQUESTING THE UNITED STATES INTERNATIONAL TRADE COMMISSION TO APPROVE THE CONTINUATION OF THE ANTIDUMPING AND COUNTERVAILING ORDERS IMPOSED ON HOT-ROLLED STEEL FROM BRAZIL, JAPAN, AND RUSSIA.

Whereas, our state's steel producers and other domestic steel producers are currently involved in a five-year sunset review proceeding before the United States International Trade Commission regarding antidumping and countervailing orders on hot-rolled steel from Brazil, Japan, and Russia; and

Whereas, the United States Department of Commerce issued antidumping and countervailing orders on hot-rolled steel in 1999, to remedy serious injury to the domestic steel industry caused by the flooding of the United States steel market by government subsidized steel products from various nations; and

Whereas, Brazil, Japan, and Russia built much of their steel capacity using unfair government subsidies, and it is predicted that absent a

Whereas, the State of South Carolina has been seriously harmed due to illegal international trade practices causing the loss of more than 71,000 South Carolina jobs, representing a loss of almost twenty-one percent of all factory jobs in the State; and

Whereas, the domestic steel industry remains vulnerable to injury from dumped imports arising primarily from subsidized foreign producers and would face heavy financial losses and turbulent times without a continuation of the orders to protect against the illegal dumping of these products, which would seriously impact hundreds of South Carolina's workers and families and our state's economy; and

Whereas, it is critical to the domestic steel industry for the United States International Trade Commission to continue the antidumping and countervailing orders in place on hot-rolled steel from Brazil, Japan, and Russia. Now, therefore,

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, request that the United States International Trade Commission approve the continuation of the antidumping and countervailing orders imposed on hot-rolled steel from Brazil, Japan, and Russia.

Be it further resolved that a copy of this resolution be forwarded to the United States Trade Commission.

The Resolution was adopted.

The motion period was dispensed with on motion of Rep. SINCLAIR.

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. TRIPP having the floor:

H. 3355 (Word version) -- Reps. Duncan, Witherspoon, Frye, M. A. Pitts, G. R. Smith, McLeod, Ott, Walker, Vick, Whipper and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; TO PROVIDE FOR ASSESSMENTS ON MILK PRODUCED IN THIS STATE TO PAY THE EXPENSES OF THE BOARD; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER; AND TO REPEAL THE PROVISIONS OF THIS CHAPTER ON JULY 1, 2012.

Rep. TRIPP continued speaking.

Rep. TRIPP continued speaking.

Rep. TRIPP continued speaking.

Rep. TRIPP moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. WITHERSPOON moved to table the motion.

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

Those who voted in the affirmative are:

Agnew                  Anderson               Bales
Ballentine             Barfield               Battle
Bingham                G. Brown               Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Delleney               Duncan
Emory                  Frye                   Funderburk
Govan                  Haley                  Hardwick
Hayes                  J. Hines               Hiott
Hosey                  Huggins                Jefferson
Lee                    Loftis                 Lucas
McCraw                 McGee                  McLeod
Miller                 J. H. Neal             Neilson
Ott                    Parks                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rivers                 Rutherford             Sandifer
Sinclair               Skelton                F. N. Smith
Taylor                 Toole                  Townsend
Umphlett               Vaughn                 Vick
Walker                 Whitmire               Witherspoon

Those who voted in the negative are:

Altman                 Branham                Breeland
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis

Cotty                  Davenport              Hagood
Hamilton               Harrell                Harrison
Haskins                M. Hines               Hinson
Howard                 Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Mack                   Mahaffey               Martin
Merrill                Moody-Lawrence         Phillips
Rice                   Scarborough            Scott
Simrill                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Stewart                Talley                 Thompson
Tripp                  Weeks                  White
Wilkins                Young

So, the motion to recommit the Bill was tabled.

Rep. MACK proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6333SD05), which was ruled out of order:
Amend the bill, as and if amended, by adding the appropriately numbered new SECTIONS to read:
/ SECTION   __.   Title 39 of the 1976 Code is amended by adding:

Section 39-36-10.   This chapter may be cited as the 'South Carolina Tomato Stabilization Act'.

Section 39-36-20.   The General Assembly finds that the production, price, and availability of tomatoes to the citizens of this State is of primary importance based upon the health benefits and year-round demand for fresh, safe, high quality tomatoes. As a result of these needs, the General Assembly finds that the formation of a South Carolina Tomato Board and the enactment of this 'Tomato Stabilization Act' will safeguard the interests of tomato producers in this State, ensure that tomato producers receive fair market breakeven prices, and to provide consumers a continuous and affordable supply of South Carolina produced tomatoes.

(2)   'Books and records' means books, records, accounts, contracts, memoranda, documents, papers, correspondence, or other data pertaining to the business of the person in question.   (3)   'Buyer' means the person which prices tomatoes to the processor and or pays the South Carolina producer.
(4)   'Consumer' means a person, other than a tomato buyer, who purchases tomatoes for human consumption.   (5)   'Executive director' means the general manager of the South Carolina Tomato Board.   (6)   'Health authorities' means the Department of Health and Environmental Control, the Consumer Services Division of the State Department of Agriculture, and the local health departments.
(7)   'Licensee' means a licensed tomato buyer.   (8)   'Member' means a member of the South Carolina Tomato Board.
(9)   'Tomato board' means the South Carolina Tomato Board.   (10)   'Person' means an individual, firm, corporation, cooperative, association, or other legal entity.   (11)   'Producer' means a person, irrespective of whether the person is also a buyer, who produces tomatoes in this State.   (12)   'Producer-buyer' means a buyer who handles only tomatoes that the buyer produces.   (13)   'Sanitary regulations' means all laws, ordinances, and regulations relating to the production, handling, transportation, distribution, and sale of tomatoes and, so far as applicable, the state sanitary code and lawful regulations or ordinances adopted by the food divisions or by the board of health of any county or municipality.
(14)   'Tomatoes' means all tomatoes produced in this State.   (15)   'Store' means a grocery store, hotel, restaurant, tomato products store, or any other similar mercantile establishment that sells or distributes tomatoes.   (16)   'Subsidiary' means any person over whom or which a buyer or an affiliate of a buyer has, or several buyers collectively have, either directly or indirectly, actual or legal control, whether by stock ownership or in any other manner.   (17)   'Fair market breakeven price' means a price determined by, but not limited to, the following factors:

(a)   the USDA price of tomatoes;

(b)   the location adjustment fee; and

(c)   the over-order premium paid by the buyer.

Section 39-36-40.   (A)   There is created the South Carolina Tomato Board consisting of thirteen members, all of whom must be residents of this State; six members must be producers of tomatoes actively engaged in tomato production at the time of selection and throughout the member's term, three of whom must be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee and three appointed by the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee; two members must be consumers, one of whom must be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee and one appointed by the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee; two members must be retailers, one of whom must be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee and one appointed by the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee; two members must be processors, one of whom must be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee and one appointed by the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee; and one consumer advocate appointed by the Governor. The consumer members must not have any connection financially, or otherwise, with the production or distribution of tomatoes or products derived from tomatoes.

(B)   The primary duty of the South Carolina Tomato Board is to establish a fair market breakeven price for producers and to exercise general supervision over the state tomato industry, for the purpose of protecting the availability and affordability of tomatoes consumed in this State by monitoring the consumption and distribution of South Carolina produced tomatoes. Other duties include the authority to mediate differences between producers and buyers.

(C)   Annually the board shall elect a chairman and such other officers as it considers necessary from its members.

(D)   An executive director must be appointed by the board and shall serve ex officio as a nonvoting member of the board. The executive director must not have any connection financially, or otherwise, with the production or distribution of tomatoes or products derived from tomatoes. The executive director, who must be compensated in an amount determined by the board, shall devote full time to the duties of his office. No South Carolina Tomato Board member may serve as executive director. The technical and other

Section 39-36-60.   (A)   Members of the Tomato board shall serve for terms of four years and until their successors are appointed and qualify, except that of those first appointed, three of the producer members, one of the two consumer members, one of the two retailer members, and one of the two processor members shall be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing officials when making the initial appointments.

(B)   Vacancies occurring on the board for any reason shall be filled by appointment in the same manner of original appointment for the remainder of the unexpired term.     (C)   Members of the board may not receive per diem but shall receive mileage and subsistence.
  Section 39-36-70.   (A)   The Tomato board shall meet quarterly or upon the call of the chairman, at such times as the chairman considers necessary, and at such place as may be designated, and seven members of the board constitute a quorum.

Section 39-36-90.   The Tomato board is an instrumentality of the State, vested with the power to make, adopt, and enforce regulations and issue and enforce orders necessary to carry out the purposes of this chapter. Every order of the board must be posted for inspection in the main office of the board, and a certified copy filed in the office of the Commissioner of Agriculture. An order, applying only to a person or persons named in the order must be served on the person or persons affected by personal delivery of a certified copy, or by mailing a certified copy in a sealed envelope, with postage prepaid, to each person affected by the order or, in the case of a corporation, to an officer or agent of the corporation upon whom legal process may be served. The posting in the main office of the board of any order, not required to be served, and the filing in the office of the Commissioner of Agriculture, constitutes due and sufficient notice to all persons affected by the order.   Section 39-36-100.   (A)   The board may announce, by regulation, the fair market breakeven price to be paid to producers in this State. If the USDA price of tomatoes in this State drops below the fair market breakeven price set by the board, the board may collect a fee from all buyers of South Carolina tomatoes as determined by a formula published in the regulations promulgated by the board. If the price of tomatoes does not drop below the fair market breakeven price, no buyer fee may be collected for that month.

(B)   Buyer fees must be collected on all tomatoes produced in this State, and these fees must be collected by the tomato buyer and remitted to the State Treasurer to be placed in an account separate and distinct from the general fund and entitled the 'Tomato Producers Settlement Fund'. All buyer fees collected in a certain month must be disbursed, based on tomato sales, to all producers in this State who sold or shipped tomatoes in the month when prices fell below the fair market breakeven amount as determined by the board.

Section 39-36-110.   (A)   A tomato buyer must not engage, either directly or indirectly, in the purchase of South Carolina tomatoes until he has applied for and obtained a license from the Tomato board. A store is not required to make application for a license unless it purchases more than that number of pounds of tomatoes set by the board on a monthly basis. The board may decline to grant a license or may suspend or revoke a license already granted upon due notice and after a hearing before the board if the applicant or licensee has violated regulations issued by the board, health and sanitation regulations issued

Section 39-36-120.   A person who violates a provision of this chapter, except as otherwise provided for in this chapter, or regulations or orders promulgated pursuant to this chapter or of any license issued by the board is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars or more than two hundred dollars or imprisoned not more than thirty days. Each day during which the violation continues constitutes a separate violation. Multiple violations of this chapter may result in the revocation of any applicable license or permit issued by the board.
SECTION   __.   Chapter 36 of Title 39 of the 1976 Code, as added by this act, is repealed on July 1, 2012. /
Renumber sections to conform.
Amend title to conform.

Rep. WITHERSPOON raised the Point of Order that Amendment No. 1 was out of order as it was not germane under Rule 9.3.
SPEAKER WILKINS stated that the amendment related to the regulation of tomato pricing while the Bill related to the regulation of milk pricing. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. TRIPP proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\20262SD05), which was tabled:
Amend the bill, as and if amended, in Section 39-34-40 of the 1976 Code, as contained in SECTION 1, by striking subsection (A) and inserting:

/(A)   There is created the South Carolina Milk Board consisting of thirteen members, all of whom must be residents of this State. Three members must be producers of milk actively engaged in dairy production at the time of selection and throughout the member's term, one each to be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee, the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee

Rep. TRIPP explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Those who voted in the affirmative are:

Agnew                  Anderson               Bales
Ballentine             Barfield               Battle
Bingham                Brady                  G. Brown
J. Brown               Cato                   Clark
Clemmons               Clyburn                Coates

Cobb-Hunter            Coleman                Dantzler
Davenport              Delleney               Duncan
Frye                   Funderburk             Govan
Hagood                 Haley                  Hardwick
Hayes                  J. Hines               Hiott
Hosey                  Huggins                Jefferson
Loftis                 Lucas                  Martin
McGee                  McLeod                 Miller
J. H. Neal             Neilson                Norman
Ott                    Owens                  Parks
Phillips               E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Sandifer               Sinclair               Skelton
J. E. Smith            Taylor                 Vick
Walker                 Whipper                White
Whitmire               Witherspoon

Those who voted in the negative are:

Breeland               R. Brown               Ceips
Chalk                  Chellis                Cotty
Emory                  Hamilton               Harrell
Harrison               Haskins                M. Hines
Hinson                 Howard                 Kirsh
Leach                  Limehouse              Littlejohn
Mack                   Mahaffey               Merrill
Perry                  Pinson                 Rutherford
Scarborough            D. C. Smith            Stewart
Talley                 Thompson               Tripp
Weeks                  Wilkins

So, the amendment was tabled.

The SPEAKER granted Rep. G. R. SMITH a leave of absence for the remainder of the day.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Anderson               Bales
Ballentine             Barfield               Battle
Bingham                Brady                  G. Brown
J. Brown               R. Brown               Chalk
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Delleney
Duncan                 Emory                  Frye
Funderburk             Govan                  Haley
Hardwick               Hayes                  J. Hines
Hiott                  Hosey                  Huggins
Jefferson              Lee                    Loftis
Lucas                  Martin                 McCraw
McLeod                 Miller                 J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  E. H. Pitts            M. A. Pitts
Rhoad                  Rivers                 Rutherford
Sandifer               Scott                  Sinclair
W. D. Smith            Taylor                 Thompson
Toole                  Townsend               Umphlett
Vick                   Walker                 Whipper
White                  Whitmire               Witherspoon

Those who voted in the negative are:

Altman                 Branham                Breeland
Cato                   Ceips                  Chellis
Cotty                  Davenport              Edge
Hagood                 Hamilton               Harrell

Harrison               Haskins                M. Hines
Hinson                 Howard                 Jennings
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Mack
Mahaffey               McGee                  Merrill
Moody-Lawrence         Norman                 Owens
Perry                  Phillips               Pinson
Rice                   Scarborough            Simrill
Skelton                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            Stewart
Talley                 Tripp                  Weeks
Wilkins                Young

So, the Bill was read the second time and ordered to third reading.

I have weighed my affirmative vote on this issue (H. 3355) against the prevailing information available. The considerations were the cost to the consumer and receipts to the producer.

According to information presented, the in-state milk producers in the co-operative are surcharged for freight on out-of-state milk by the co-operative. This is a financial penalty to in-state producers. The retail prices vary from $2.79 to as much as $5.09 in retail stores across the State, which leads to my conclusion that this Bill should not negatively affect the retail price of milk to the consumer.

Rep. Dwight Loftis

The following Bill was taken up:

H. 3320 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Townsend, Harrell, Cato, Witherspoon, J. Brown, Chellis, Viers, Merrill, E. H. Pitts, Agnew, Ballentine, Bingham, Cooper, Haley, Hinson, Owens, Rice, Toole, Umphlett, White, Ceips, McLeod, Hagood and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-605 SO AS TO PROVIDE THAT NO STATE ROAD, HIGHWAY, INTERSTATE HIGHWAY, BRIDGE, INTERCHANGE, OR INTERSECTION MAY BE NAMED FOR A PERSON WHO IS LIVING.

"Section 57-3-605.   (A)   A state road, highway or interstate highway, any portion of a state road, highway, or interstate highway, or a state bridge, interchange, or intersection may not be named for a person who is currently serving as a member of the General Assembly, a member of a state board or commission, or other elected official.

(B)   For a person to be considered to have a state road, highway, or interstate highway or any portion of these named in his honor, he must have served his local community, county, or state continuously for a period of five years or more.

(C)   A person who has a state road, highway, or interstate highway or any portion of these named in his honor who is convicted of a criminal offense shall have his name removed from the road, highway, or interstate highway or any portion of these." /
Renumber sections to conform.
Amend title to conform.

Rep. VICK explained the amendment.

Rep. TOWNSEND moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Bales                  Ballentine             Barfield
Bingham                Brady                  Branham
G. Brown               J. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Hagood
Haley                  Hamilton               Hardwick

Harrell                Harrison               Haskins
Herbkersman            J. Hines               Hinson
Hiott                  Huggins                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  McLeod
Merrill                Neilson                Norman
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Battle                 Breeland               R. Brown
Coates                 Cobb-Hunter            Coleman
Funderburk             Govan                  Hayes
M. Hines               Hosey                  Howard
Jefferson              Jennings               Lee
Mack                   McCraw                 Moody-Lawrence
J. H. Neal             Ott                    Parks
Phillips               Rivers                 Rutherford
G. M. Smith            J. E. Smith            Vick
Weeks                  Whipper

So, the amendment was tabled.

Rep. ALTMAN spoke against the Bill.
Rep. SKELTON spoke against the Bill.

Those who voted in the affirmative are:

Agnew                  Bales                  Ballentine
Barfield               Battle                 Bingham
Brady                  R. Brown               Ceips
Chalk                  Chellis                Clark
Clemmons               Cobb-Hunter            Cooper
Cotty                  Davenport              Delleney
Duncan                 Edge                   Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
J. Hines               Hinson                 Hiott
Hosey                  Howard                 Huggins
Kirsh                  Leach                  Lee
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Scarborough
Sinclair               D. C. Smith            J. R. Smith
W. D. Smith            Stewart                Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Walker
White                  Wilkins                Witherspoon
Young

Those who voted in the negative are:

Altman                 Anderson               Branham
Breeland               G. Brown               Coates
Coleman                Dantzler               Emory
Govan                  Hayes                  Jefferson
Jennings               Kennedy                Limehouse
Mack                   McGee                  Moody-Lawrence

Parks                  Perry                  Phillips
Rivers                 Rutherford             Simrill
Skelton                G. M. Smith            J. E. Smith
Talley                 Vick                   Weeks
Whipper                Whitmire

So, the Bill was read the second time and ordered to third reading.

Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.

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

H. 3367 (Word version) -- Reps. Vick, Neilson and Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD ON HIGHWAY 13-243 AS THE "BUCHANAN BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "BUCHANAN BRIDGE".
Ordered for consideration tomorrow.

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

H. 3368 (Word version) -- Reps. Vick, Neilson and Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY NUMBER 9 BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD THE "HOOVER FAY BELL BRIDGE" AND TO ERECT APPROPRIATE SIGNS AT THE BRIDGE CONTAINING THE WORDS "HOOVER FAY BELL BRIDGE".
Ordered for consideration tomorrow.

H. 3369 (Word version) -- Reps. Vick, Neilson and Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY NUMBER 145 FROM THE NORTH CAROLINA STATELINE THROUGH THE TOWN OF CHESTERFIELD TO THE END OF HIGHWAY NUMBER 145 AT U. S. HIGHWAY NUMBER 1 THE "CAROLINA SANDHILLS PARKWAY" AND TO ERECT APPROPRIATE SIGNS CONTAINING THE WORDS "CAROLINA SANDHILLS PARKWAY".
Ordered for consideration tomorrow.

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

H. 3545 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES CLOUDS CREEK ALONG HIGHWAY S41-25, SPANN ROAD, IN SALUDA COUNTY "HARE'S MILL POND BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HARE'S MILL POND BRIDGE".
Ordered for consideration tomorrow.

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

S. 195 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION EXPRESSING THE DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT ALL FUTURE EDITIONS OF THE LEGISLATIVE MANUAL CONTAIN THE NAMES OF EACH SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER AND CONTACT INFORMATION.
Ordered for consideration tomorrow.

S. 269 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNOR BY PROCLAMATION TO CONFIRM THE RANK OF BRIGADIER GENERAL JAMES WILLIAMS BESTOWED UPON HIM BY ACT OF THE SOUTH CAROLINA PROVINCIAL CONGRESS DURING THE AMERICAN REVOLUTION AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE LITTLE RIVER BRIDGE ON SOUTH CAROLINA HIGHWAY 560 IN LAURENS COUNTY AS THE "JAMES WILLIAMS MEMORIAL BRIDGE" TO HONOR THIS REVOLUTIONARY WAR HERO.
Ordered for consideration tomorrow.

The following was introduced:

H. 3616 (Word version) -- Rep. Clyburn: A HOUSE RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MR. AND MRS. WALTER MOSLEY, JR., OF EDGEFIELD, ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND WISHING FOR THEM MANY MORE YEARS OF WEDDED BLISS AND GOOD HEALTH.

The Resolution was adopted.

The following was introduced:

H. 3617 (Word version) -- Reps. Weeks and Townsend: A HOUSE RESOLUTION TO RECOGNIZE THE MONTH OF MARCH 2005 AS "EXCEPTIONAL EDUCATORS, EXCEPTIONAL STUDENTS MONTH".

The Resolution was adopted.

The following was introduced:

H. 3618 (Word version) -- 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 HONOR REVEREND WILLIE WILSON III, PASTOR OF OAKEY SPRING MISSIONARY BAPTIST CHURCH, FOR HIS SERVICE AND COMMITMENT TO HIS CONGREGATION AND COMMUNITY FOR THE PAST SEVENTEEN YEARS.

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

The following was introduced:

H. 3619 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO CONGRATULATE JOSHUA "JOSH" KYLE EVANS, OF CHERAW, SOUTH CAROLINA, FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

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

H. 3620 (Word version) -- Reps. Sandifer and Jennings: A CONCURRENT RESOLUTION TO DESIGNATE APRIL 29th OF EACH YEAR AS "DALE EARNHARDT DAY" IN SOUTH CAROLINA.

Whereas, NASCAR racing legend Dale Earnhardt was born on April 29, 1951; and

Whereas, throughout his career, he won 76 victories, including seven Winston Cup Championships, four IROC Championships, ten wins at Talladega, and thirty-four at Daytona. He was an inspiration to fans in South Carolina and throughout the nation; and

Whereas, Dale Earnhardt earned the title "The Intimidator" and was a legend at the South Carolina Darlington Raceway; and

Whereas, he brought the sport of racing to countless Americans, while upholding NASCAR traditions and remaining the top competitor throughout his long career; and

Whereas, Dale Earnhardt was a true sportsman, devoted father and husband, and dedicated member of the NASCAR community. He was respected and admired by all who knew him; and

Whereas, he died on February 18, 2001, while doing what he loved best: racing. The sorrow of his tragic death touched the nation, and the loss of this racing legend, particularly his presence at Darlington will be missed for generations. Now, therefore,

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

That the General Assembly of the State of South Carolina designate April 29th of each year as "Dale Earnhardt Day" in South Carolina.

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

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

H. 3621 (Word version) -- Reps. Altman, Ceips, Limehouse, Scarborough, Scott and Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT A RAFFLE CONDUCTED NOT MORE THAN FOUR TIMES IN A CALENDAR YEAR BY A CHARITABLE, RELIGIOUS, COMMUNITY-SERVICE, EDUCATION-RELATED, OR FRATERNAL ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION IN WHICH ALL RAFFLE PROCEEDS EXCEPT FOR THE COSTS OF PRIZES AND THE COSTS OF PRINTING TICKETS ARE USED EXCLUSIVELY FOR THE ORGANIZATION'S TAX EXEMPT PURPOSES IS NOT A LOTTERY PROHIBITED BY THE CONSTITUTION OF THIS STATE.
Referred to Committee on Judiciary

H. 3622 (Word version) -- Rep. Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-11 SO AS TO PROVIDE THAT THE DAILY BAG LIMIT FOR MOURNING DOVES INCLUDING RING NECK DOVES IS FIFTEEN PER DAY, TO PROVIDE THAT NO DOVES MAY BE TAKEN OR HUNTED BEFORE TWELVE O'CLOCK NOON, TO PROVIDE THAT TOP SOWING WHEAT IN THE MANNER PROVIDED BY REGULATION OF THE DEPARTMENT OF NATURAL RESOURCES IS NOT CONSIDERED BAITING AN AREA OVER WHICH MIGRATORY GAME BIRDS ARE HUNTED, AND TO PROVIDE THAT THE ABOVE PROVISIONS APPLY IN ALL GAME ZONES OF THIS STATE UNLESS A PROVISION CONFLICTS WITH AN APPLICABLE PROVISION OF FEDERAL LAW, REGULATION, OR TREATY IN WHICH CASE THAT PROVISION SHALL NOT APPLY IN ANY GAME ZONE OF THIS STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3624 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-725 SO AS TO CREATE THE OFFENSE OF RUMMAGING THROUGH OR STEALING ANOTHER PERSON'S HOUSEHOLD GARBAGE OR LITTER AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary

H. 3625 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-47 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER EMPLOYED BY A NEIGHBORING STATE TO ENTER SOUTH CAROLINA IN FRESH PURSUIT OF A PERSON WHO IS IN FLIGHT FROM THE COMMISSION OF A CRIMINAL OFFENSE IN THE NEIGHBORING STATE AND TO ARREST THE PERSON, TO PROVIDE FOR A PROCEDURE TO DETERMINE THE LAWFULNESS OF THE ARREST, THE RELEASE OF THE PERSON ARRESTED, AND THE EXTRADITION OF THE ARRESTED PERSON, AND TO PROVIDE THAT THIS SECTION APPLIES ONLY TO LAW ENFORCEMENT OFFICERS EMPLOYED BY A NEIGHBORING STATE WHEN HIS STATE HAS ENACTED A PROVISION SIMILAR TO THIS SECTION RELATING TO THE ARREST AND CUSTODY OF A PERSON PURSUED INTO A NEIGHBORING STATE.
Referred to Committee on Judiciary

H. 3626 (Word version) -- Reps. Loftis, Chellis, Altman, Bales, Brady, Coates, Davenport, Emory, Hardwick, Hinson, Jefferson, Littlejohn, Martin,

H. 3627 (Word version) -- Reps. Loftis, Coates, Davenport, Owens, Scarborough and Taylor: A BILL TO AMEND SECTION 48-39-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR THE ISSUANCE OF PERMITS UNDER THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S COASTAL MANAGEMENT PROGRAM, SO AS TO DELETE AS A CONSIDERATION IN ISSUING SUCH PERMITS THE EXTENT TO WHICH THE PROPOSED USE, PURSUANT TO THE PERMIT, COULD AFFECT THE VALUE AND ENJOYMENT OF ADJACENT OWNERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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

At 12:40 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of James Arthur, Sr. of Kershaw County, to meet at 10:00 a.m. tomorrow.

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