South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives


Printed Page 784 . . . . . Wednesday, February 2, 2005

Wednesday, February 2, 2005
(Statewide Session)

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 Psalm 111:10: "The fear of the Lord is the beginning of wisdom; all those who practice it have a good understanding."
Let us pray. Lord, keep us focused on what is truly important in the lives of the people of this State. Help us as we grow in wisdom through experience that You care for us and provide every needful thing. Grant us integrity and wisdom as we serve Your people. Look in favor upon our Nation, our President, our State and her leaders. Protect and keep our defenders of freedom in Your care. In Your name we pray. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. BALLENTINE moved that when the House adjourns, it adjourn in memory of Howard Stevermer of Taylors, which was agreed to.

REGULATIONS RECEIVED

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

Document No. 2948
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-104-20
Palmetto Fellows Scholarship Program
Received by Speaker of the House of Representatives
February 2, 2005


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Referred to Education and Public Works Committee
Legislative Review Expiration June 2, 2005

Document No. 2946
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-150-370
South Carolina HOPE Scholarship
Received by Speaker of the House of Representatives
February 2, 2005
Referred to Education and Public Works Committee
Legislative Review Expiration June 2, 2005

Document No. 2957
Agency: Department of Motor Vehicles
Statutory Authority: 1976 Code Section 56-10-640
Motorist Insurance Identification Database
Received by Speaker of the House of Representatives
February 2, 2005
Referred to Education and Public Works Committee
Legislative Review Expiration June 2, 2005

REPORTS OF STANDING COMMITTEE

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 18 (Word version) -- Senators McConnell, Moore, Elliott, Ritchie, J. V. Smith, Martin, Knotts, O'Dell, Mescher, Grooms, Hutto, Setzler, Rankin, Ford, Matthews, Land, Verdin, Jackson, Bryant, Alexander, Hawkins, Patterson, Reese, Short, Thomas and Ryberg: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.
Ordered for consideration tomorrow.


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Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3130 (Word version) -- Reps. Scarborough, Harrell and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 18, TITLE 41, TO ENACT THE "SOUTH CAROLINA RIDER SAFETY ACT" SO AS TO REQUIRE RIDERS OF AMUSEMENT AND CARNIVAL DEVICES TO COMPLY WITH CERTAIN SAFETY REQUIREMENTS, TO REPORT INJURIES IN A TIMELY MANNER, TO REQUIRE OWNERS OF SUCH DEVICES TO POST SIGNS RELATING TO RIDER SAFETY, AND TO ESTABLISH A MISDEMEANOR FOR VIOLATIONS OF THIS ARTICLE; AND TO DESIGNATE SECTIONS 41-18-10 THROUGH 41-18-150 AS ARTICLE 1, CHAPTER 18, TITLE 41, AND TO NAME THAT ARTICLE "GENERAL PROVISIONS".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 3427 (Word version) -- Rep. Townsend: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BELTON-HONEA PATH HIGH SCHOOL "BEARS" FOOTBALL TEAM, COACH WAYNE GREEN, AND OTHER SCHOOL OFFICIALS, AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON THEIR OUTSTANDING SEASON AND THEIR 2004 CLASS AAA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Belton-Honea Path High School "Bears" Football Team, Head Coach Wayne Green, and other school officials at a time and date to be determined by the Speaker, for the


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purpose of congratulating and honoring the team on their outstanding season and their Class AAA State Championship.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3428 (Word version) -- Reps. W. D. Smith, Sinclair, Walker, Davenport, Lee, Littlejohn, Mahaffey and Talley: A JOINT RESOLUTION AUTHORIZING THE CITY OF SPARTANBURG TO MOVE THE STATUE OF REVOLUTIONARY WAR GENERAL DANIEL MORGAN IN CONNECTION WITH THE CITY'S PLAN TO UPGRADE DANIEL MORGAN SQUARE.
On motion of Rep. SINCLAIR, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3429 (Word version) -- Reps. Mahaffey and McLeod: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
Referred to Committee on Ways and Means

H. 3430 (Word version) -- Reps. Vick, Jennings, Lucas and Neilson: A BILL TO PROVIDE THAT EACH MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM CHESTERFIELD COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE, AND TO PROVIDE THAT THE CHAIRMAN OF THE CHESTERFIELD


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COUNTY LEGISLATIVE DELEGATION SHALL BE AN EX OFFICIO NONVOTING MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE.
On motion of Rep. VICK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3431 (Word version) -- Reps. Limehouse, Merrill, Whipper, Young, Hinson, Chellis, Altman, Breeland, Hagood, Harrell, Jefferson, Mack and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-427 SO AS TO PROVIDE THAT THE GOVERNING COMMISSION OF TRIDENT TECHNICAL COLLEGE MAY ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM.
Referred to Committee on Ways and Means

H. 3432 (Word version) -- Reps. Mack, Breeland, Cobb-Hunter, Hosey, Howard and Littlejohn: A BILL TO AMEND CHAPTER 23, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE CARRIERS, BY ADDING SECTION 58-23-1273 SO AS TO PROVIDE THAT A DRIVER OPERATING A TAXICAB UNDER A SIGNED INDEPENDENT CONTRACTOR LEASE AGREEMENT WITH A COMPANY WHICH OWNS THE TAXICAB AND WHICH ALLOWS THE DRIVER TO OPERATE THE TAXICAB AS A LESSEE IS AN INDEPENDENT CONTRACTOR NOTWITHSTANDING SECTION 42-1-130.
Referred to Committee on Labor, Commerce and Industry

H. 3433 (Word version) -- Reps. Mack, Anderson, Breeland, Cobb-Hunter, Harvin, M. Hines, Hosey, Howard and Littlejohn: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELF-INSURERS FOR MOTOR VEHICLES AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO PROVIDE THAT A SELF-INSURER MAY USE AN IRREVOCABLE LETTER OF CREDIT ISSUED BY CERTAIN BANKS TO MEET THE EIGHTY PERCENT CASH DEPOSIT REQUIREMENT OF THIS SECTION.
Referred to Committee on Labor, Commerce and Industry


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H. 3434 (Word version) -- Reps. Anthony, Hayes, Coleman, Duncan, Kirsh and M. A. Pitts: A BILL TO AMEND SECTION 8-11-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LEAVE AND THE LUMP SUM PAYMENTS FOR UNUSED ANNUAL LEAVE FOR A STATE EMPLOYEE UPON THE EMPLOYEE'S TERMINATION, RETIREMENT, OR DEATH, SO AS TO PROVIDE THAT A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM IS NOT ELIGIBLE TO RECEIVE A LUMP SUM PAYMENT FOR UNUSED ANNUAL LEAVE; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO PERSONS EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT FROM THE ACT A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-1-1790, AS AMENDED, RELATING TO THE EARNINGS LIMIT AND CONTRIBUTIONS APPLICABLE TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ELIMINATE THE EARNINGS LIMIT, REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS THE TIME AFTER WHICH A RETIRED MEMBER MAY RETURN TO COVERED EMPLOYMENT WITHOUT AFFECTING THE RETIREE'S BENEFITS AND TO REQUIRE A RETIRED MEMBER IN COVERED EMPLOYMENT TO MAKE THE SAME CONTRIBUTIONS AS AN ACTIVE MEMBER FOR WHICH THE RETIRED MEMBER ACCRUES NO RETIREMENT SYSTEM CREDIT, TO CLOSE THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI) TO NEW PARTICIPANTS AFTER JUNE 30, 2005; TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RETURN TO COVERED EMPLOYMENT OF A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REQUIRE A RETIRED MEMBER IN COVERED EMPLOYMENT TO MAKE THE SAME CONTRIBUTIONS AS AN ACTIVE MEMBER FOR WHICH THE RETIRED MEMBER ACCRUES NO RETIREMENT SYSTEM CREDIT, AND TO REPEAL EFFECTIVE JULY 1, 2010, ARTICLE 17, CHAPTER 1, TITLE 9, RELATING TO THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI).
Referred to Committee on Ways and Means


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H. 3435 (Word version) -- Reps. Whipper, Anderson, Hosey, Jefferson, Jennings, G. M. Smith and Weeks: A BILL TO AMEND SECTION 16-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF KIDNAPPING, SO AS TO PROVIDE A PERSON CONVICTED OF KIDNAPPING BEFORE JUNE 5, 1991, AND SENTENCED TO LIFE IMPRISONMENT MAY PETITION THE COURT FOR A REDUCTION IN HIS SENTENCE TO THIRTY YEARS, AND THE COURT, IN ITS SOLE DISCRETION, MAY REDUCE THE SENTENCE ACCORDINGLY.
Referred to Committee on Judiciary

H. 3436 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO DIRECT THE STATE ELECTION COMMISSION TO HOLD A REFERENDUM AT THE TIME OF THE NEXT GENERAL ELECTION FOR REPRESENTATIVES TO ASCERTAIN WHETHER THE SOUTH CAROLINA ELECTORS FAVOR AMENDING THE UNITED STATES CONSTITUTION TO ALLOW STATES TO PROHIBIT ABORTIONS.
Referred to Committee on Judiciary

H. 3437 (Word version) -- Reps. Chalk and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ALLOW A PROPERTY TAX EXEMPTION FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY AND COMMERCIAL REAL PROPERTY IN A COUNTY IN AN AMOUNT SUFFICIENT TO LIMIT TO FIFTEEN PERCENT THE INCREASE IN THE PROPERTY TAX ON SUCH PROPERTY IN THE YEAR OF IMPLEMENTATION OF A COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM OVER THE TAX DUE ON THE PROPERTY FOR THE PRECEDING YEAR, TO PROVIDE FOR THE DURATION OF THIS EXEMPTION AND THE CIRCUMSTANCES IN WHICH THIS EXEMPTION DOES NOT APPLY; TO AMEND SECTION 12-37-223A, RELATING TO THE COUNTY OPTION EXEMPTION LIMITING TO FIFTEEN PERCENT THE INCREASE IN VALUE RESULTING FROM A COUNTYWIDE ASSESSMENT AND EQUALIZATION PLAN, SO AS TO CONFORM IT TO THE PROVISIONS OF SECTION 12-37-223 AS ADDED BY THIS ACT, AND TO MAKE THIS EXEMPTION APPLY FOR REASSESSMENT PROGRAMS IMPLEMENTED AFTER 2004


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WITH A SPECIAL PROVISION FOR COUNTIES WHICH IMPLEMENTED SUCH PLANS IN 2004.
Referred to Committee on Ways and Means

H. 3438 (Word version) -- Reps. Townsend, Altman, Viers, E. H. Pitts, Cooper, Miller, Limehouse, Clemmons, Hardwick, Martin, Ott, Thompson, White, Wilkins and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-200 SO AS TO REQUIRE COUNTY ASSESSORS BE ELECTED AT THE TIME OF THE GENERAL ELECTION.
Referred to Committee on Judiciary

S. 27 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 6-4-35 OF THE 1976 CODE, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE'S DETERMINATION OF NONCOMPLIANT EXPENDITURE OF ACCOMMODATIONS TAX REVENUE, TO ESTABLISH A PROCEDURE BY WHICH A MUNICIPALITY OR COUNTY MAY REFUND ANY AMOUNT DETERMINED TO BE IN NONCOMPLIANCE AND AVOID FUTURE WITHHOLDINGS.
Referred to Committee on Ways and Means

S. 34 (Word version) -- Senators Richardson, Ryberg, Elliott and Verdin: A BILL TO AMEND SECTION 2-19-90 OF THE 1976 CODE RELATING TO THE ELECTION OF JUDGES, TO PROVIDE THAT IN ORDER TO BE ELECTED, A JUDICIAL CANDIDATE MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE SENATE VOTING IN JOINT SESSION; AND TO AMEND CHAPTER 1 OF TITLE 2 OF THE 1976 CODE, BY ADDING SECTION 2-1-95, TO PROVIDE THAT IN ORDER TO BE ELECTED, ANY CANDIDATE ELECTED BY THE GENERAL ASSEMBLY IN JOINT SESSION MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY OF THE VOTE OF THE MEMBERS OF THE SENATE VOTING IN THE JOINT SESSION.
Referred to Committee on Judiciary

S. 50 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO


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AS TO EXTEND THE EXEMPTION ALLOWED DURING THE AUGUST SALES TAX HOLIDAY TO BED AND BATH LINENS.
Referred to Committee on Ways and Means

S. 95 (Word version) -- Senators McConnell, Sheheen, Knotts and Elliott: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT OF COMMON PLEAS, FOR AN ORDER COMPELLING COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-6-108 AND 37-6-113, RELATING TO AN ORDER OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-401, RELATING TO THE POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A CONFLICT BETWEEN THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37 AND THE ADMINISTRATIVE PROCEDURES ACT MUST BE RESOLVED IN FAVOR OF THE LATTER; TO AMEND SECTION 37-6-414, RELATING TO JUDICIAL REVIEW OF CASES, SO AS TO PROVIDE THAT A PERSON WHO HAS EXHAUSTED ADMINISTRATIVE REMEDIES BEFORE THE ADMINISTRATOR AND WHO IS AGGRIEVED IS ENTITLED TO BRING A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE


Printed Page 793 . . . . . Wednesday, February 2, 2005

LAW COURT; TO AMEND SECTION 37-11-100, RELATING TO LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-16-70, RELATING TO PREPAID LEGAL SERVICES, SO AS TO PROVIDE FOR NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT BY A PREPAID LEGAL SERVICES COMPANY FOR A VIOLATION OF THE PROVISIONS OF THE CHAPTER, TO PROVIDE THAT THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS MAY ISSUE AN ORDER REQUIRING THE CLUB REPRESENTATIVE TO CEASE AND DESIST FROM THE VIOLATION, AND TO PROVIDE THAT THE CLUB REPRESENTATIVE MAY REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 39-61-100 AND 39-61-130, BOTH RELATING TO MOTOR CLUB SERVICES, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 40-39-150, RELATING TO PAWNBROKERS, SECTIONS 40-58-55, 40-58-80, AND 40-58-90, AS AMENDED, ALL RELATING TO MORTGAGE LOAN BROKERS, SECTION 40-68-160, RELATING TO REGULATION OF STAFF LEASING SERVICES, SECTION 44-79-80, RELATING TO PHYSICAL FITNESS SERVICES, SECTION 56-28-110, RELATING TO NOTIFICATION OF SUBSEQUENT PURCHASERS OF A REPURCHASED MOTOR VEHICLE, AND SECTIONS 59-102-70 AND 59-102-170, AS AMENDED, RELATING TO REGISTRATION OF ATHLETE AGENTS, ALL SO AS TO PROVIDE A PROCEDURE FOR A HEARING BEFORE THE

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ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; AND TO REPEAL SECTIONS 37-6-415 AND 37-11-110, RELATING TO APPEALS OF DECISIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS.
Referred to Committee on Judiciary

S. 207 (Word version) -- Senators J. V. Smith, Hutto and Campsen: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO EXTEND THE EXEMPTION ALLOWED PROPERTY OWNED BY THE BOY SCOUTS OF AMERICA OR THE GIRL SCOUTS OF AMERICA AND USED OR OCCUPIED EXCLUSIVELY FOR SCOUTING PURPOSES TO PROPERTY REGARDLESS OF OWNERSHIP WHICH IS USED EXCLUSIVELY FOR SCOUTING PURPOSES TO GIVE THIS EXEMPTION RETROACTIVE EFFECT, AND TO WAIVE THE TIME LIMITS OTHERWISE APPLICABLE TO CLAIMS FOR REFERRAL PURPOSES OF CLAIMS MADE PURSUANT TO THE AMENDMENTS MADE BY THIS ACT.
On motion of Rep. RICE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 306 (Word version) -- Senators Peeler, Short and Ford: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.
Referred to Committee on Medical, Military, Public and Municipal Affairs


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S. 326 (Word version) -- Senators Ritchie, Gregory, Sheheen, J. V. Smith and Ryberg: A BILL TO AMEND ACT 258 OF 2004, RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT APPLY TO ANY NEW, MODIFIED, OR RENEWAL PERMIT CONTAINING WHOLE EFFLUENT TOXICITY (WET) PERMIT LIMITS WHICH WAS DRAFTED AND PENDING ISSUANCE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON THE EFFECTIVE DATE OF THIS ACT, SO LONG AS THE WET PERMIT LIMITS CONTAINED IN THE PERMIT ARE ACCEPTABLE TO THE PERMITTEE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 355 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

ROLL CALL

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

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Battle
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes

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Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Howard                 Huggins                Jefferson
Kennedy                Kirsh                  Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Norman                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Rutherford             Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Walker
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 2.

Catherine Ceips                   Ralph Davenport
Jerry Govan                       Thad Viers
Denny Neilson                     G. Murrell Smith
Joseph Neal                       Douglas Jennings
Liston Barfield                   Creighton Coleman

Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. Theodore A. Watson of Greenville is the Doctor of the Day for the General Assembly.


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SPECIAL PRESENTATION

Rep. MAHAFFEY presented to the House the James F. Byrnes High School Football Team, Class AAAA Division II Champions, their coach and other school officials.

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. 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."

CO-SPONSOR ADDED

Bill Number:   H. 3011 (Word version)
Date:   ADD:
02/02/05   MERRILL

CO-SPONSOR ADDED

Bill Number:   H. 3007 (Word version)
Date:   ADD:
02/02/05   DELLENEY

CO-SPONSOR ADDED

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


Printed Page 798 . . . . . Wednesday, February 2, 2005

CO-SPONSOR ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3336 (Word version)
Date:   ADD:
02/02/05   THOMPSON

CO-SPONSOR ADDED

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

CO-SPONSOR ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3437 (Word version)
Date:   ADD:
02/02/05   HERBKERSMAN

CO-SPONSOR ADDED

Bill Number:   H. 3403 (Word version)
Date:   ADD:
02/02/05   HARDWICK

CO-SPONSOR ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3133 (Word version)
Date:   ADD:
02/02/05   VIERS


Printed Page 799 . . . . . Wednesday, February 2, 2005

CO-SPONSOR ADDED

Bill Number:   H. 3187 (Word version)
Date:   ADD:
02/02/05   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3189 (Word version)
Date:   ADD:
02/02/05   BALLENTINE

CO-SPONSOR ADDED

Bill Number:   H. 3193 (Word version)
Date:   ADD:
02/02/05   BARFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3193 (Word version)
Date:   ADD:
02/02/05   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3193 (Word version)
Date:   ADD:
02/02/05   EDGE

CO-SPONSOR ADDED

Bill Number:   H. 3213 (Word version)
Date:   ADD:
02/02/05   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3213 (Word version)
Date:   ADD:
02/02/05   CATO

CO-SPONSOR ADDED

Bill Number:   H. 3336 (Word version)
Date:   ADD:
02/02/05   E. H. PITTS


Printed Page 800 . . . . . Wednesday, February 2, 2005

CO-SPONSOR ADDED

Bill Number:   H. 3336 (Word version)
Date:   ADD:
02/02/05   HUGGINS

CO-SPONSOR ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3382 (Word version)
Date:   ADD:
02/02/05   VIERS

CO-SPONSOR REMOVED

Bill Number:   H. 3348 (Word version)
Date:   REMOVE:
02/02/05   CEIPS

CO-SPONSOR REMOVED

Bill Number:   H. 3398 (Word version)
Date:   REMOVE:
02/02/05   RICE

CO-SPONSOR REMOVED

Bill Number:   H. 3398 (Word version)
Date:   REMOVE:
02/02/05   LEACH

CO-SPONSOR REMOVED

Bill Number:   H. 3398 (Word version)
Date:   REMOVE:
02/02/05   G. R. SMITH

CO-SPONSOR REMOVED

Bill Number:   H. 3398 (Word version)
Date:   REMOVE:
02/02/05   LITTLEJOHN


Printed Page 801 . . . . . Wednesday, February 2, 2005

CO-SPONSOR REMOVED

Bill Number:   H. 3398 (Word version)
Date:   REMOVE:
02/02/05   LUCAS

CO-SPONSOR REMOVED

Bill Number:   H. 3398 (Word version)
Date:   REMOVE:
02/02/05   SINCLAIR

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:

H. 3400 (Word version) -- Rep. Anthony: A BILL TO ABOLISH THE LOCKHART SCHOOL DISTRICT HEALTH COMMISSION IN UNION COUNTY AND TO REPEAL ACT 1171 OF 1948 ESTABLISHING THIS HEALTH COMMISSION.

H. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J. M. Neal, Neilson, Ott, Phillips, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J. R. Smith, Taylor, Umphlett, Vick, Viers, Young and Bailey: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS


Printed Page 802 . . . . . Wednesday, February 2, 2005

STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE, TO AMEND SECTIONS 11-49-60 AND 11-49-150, RELATING TO THE POWERS OF THE BOARD OF THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT AND THE CONSENT TO AND APPROVED BY THE GENERAL ASSEMBLY TO THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO DELETE THE REQUIREMENT THAT THE GENERAL ASSEMBLY APPROVE ANY AMENDMENT TO THE AGREEMENT BEFORE THE BOARD MAY APPROVE SUCH AN AMENDMENT AND TO ALLOW THE BOARD OF THE AUTHORITY TO APPROVE SUCH AMENDMENTS ON BEHALF OF THE STATE IF SUCH AMENDMENTS DO NOT DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY AND BONDHOLDERS.

H. 3142 (Word version) -- Reps. White, Davenport, Mahaffey and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.

H. 3274 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 20-7-2220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS AND THE EFFECT OF


Printed Page 803 . . . . . Wednesday, February 2, 2005

PENDENCY OF AN APPEAL IN CERTAIN FAMILY COURT MATTERS, SO AS TO PROVIDE THAT NO TEN DAY AUTOMATIC STAY APPLIES IN SUCH CASES.

H. 3334 (Word version) -- Reps. Cooper, Rice, Hiott, Owens and Skelton: A JOINT RESOLUTION TO CHANGE THE NAME OF EARLE E. MORRIS, JR., HIGHWAY IN ANDERSON AND PICKENS COUNTIES TO SOUTH CAROLINA HIGHWAY 153 AND TO NOTIFY THE COUNTY GOVERNING BODIES AND POST OFFICES AFFECTED BY THE CHANGE.

H. 3086--DEBATE ADJOURNED

Rep. COTTY moved to adjourn debate upon the following Bill until Thursday, February 3, which was adopted:

H. 3086 (Word version) -- Reps. J. R. Smith, Cotty, Chellis, Scarborough, Bales, Brady, Cato, Ceips, Clark, Hamilton, Harrell, Haskins, Leach, Neilson, Perry, D. C. Smith, G. R. Smith, Townsend, Tripp, Vaughn, Walker, Coates, Owens, E. H. Pitts, Littlejohn, Rice, Witherspoon, Hinson, Mahaffey, Duncan, Huggins, Frye, Toole, Hagood and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTING RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT AND SPECIAL SCHOOLS INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2005.


Printed Page 804 . . . . . Wednesday, February 2, 2005

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:

H. 3011 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Cato, Harrell, Chellis, G. R. Smith, Merrill, Coates, Young, Owens, Kirsh, Leach, Battle, Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Chalk, Brady, Edge and Hagood: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSION OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

MOTION PERIOD

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


Printed Page 805 . . . . . Wednesday, February 2, 2005

H. 3007--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3007 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G. R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey, Toole, Talley, Umphlett, Brady, Bailey, Hagood, Edge, Clemmons, Huggins, Neilson, Vick and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22889HTC05), which was adopted:
Amend the bill, as and if amended, by striking Section 2 and inserting:
/ SECTION   2.   Section 12-6-520 of the 1976 Code is amended to read:

"Section 12-6-520.   Each December 15, the department shall cumulatively adjust the brackets in Section 12-6-510 in the same manner that brackets are adjusted in Internal Revenue Code Section (1)(f). However, the adjustment is limited to one-half of the adjustment determined by Internal Revenue Code Section (1)(f), may not exceed four percent a year, and the rounding amount provided in (1)(f)(6) is ten dollars. The brackets, as adjusted, apply in lieu of those provided in Section 12-6-510 for taxable years beginning in the succeeding calendar year. Inflation adjustments must be made cumulatively to the income tax brackets."
SECTION   3.   Section 1 of this act takes effect July 1, 2006. Adjustments to withholding or estimated tax payments to reflect the lower 2006 taxable year marginal income tax rate may not be made before that date. Section 2 of this act takes effect upon approval by the


Printed Page 806 . . . . . Wednesday, February 2, 2005

Governor and first applies for bracket adjustments calculated for taxable year 2006. /
Renumber sections to conform.
Amend title to conform.

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

Rep. HARRELL proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22919HTC05), which was adopted:
Amend the bill, as and if amended, by striking Section 3 and inserting:
/ SECTION   3.   Section 1 of this act takes effect January 1, 2006. Section 2 of this act takes effect upon approval of this act by the Governor and first applies for bracket adjustments calculated for taxable year 2006. /
Renumber sections to conform.
Amend title to conform.

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

Rep. BOWERS proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22915HTC05), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered penultimate section to read:
/     SECTION   ____.   A.   Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3580.   There is allowed as a refundable state individual income tax credit against the tax imposed pursuant to Section 12-6-510 an amount equal to property taxes paid by the taxpayer in the taxable year for school purposes, including property taxes for school construction and which would be deductible for federal income tax purposes only as an itemized deduction. The maximum credit allowed for a taxable year pursuant to this section is seven hundred fifty dollars multiplied by the number of personal exemptions claimed on the taxpayer's federal income tax return. If the taxpayer is not required to file a federal income tax return, the maximum credit is seven hundred fifty dollars multiplied by the number of personal exemptions that would be allowed the taxpayer if the taxpayer were required to file a federal income tax return."


Printed Page 807 . . . . . Wednesday, February 2, 2005

B. Notwithstanding the general effective date provided in this act, this section takes effect upon approval of this act by the Governor and applies for taxable years beginning after 2004. /
Renumber sections to conform.
Amend title to conform.

Rep. BOWERS explained the amendment.
Rep. BOWERS spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILKINS spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.

Rep. BOWERS moved to table the amendment, which was agreed to.

SPEAKER IN CHAIR

Rep. J. E. SMITH proposed the following Amendment No. 10 (Doc Name COUNCIL\GJK\20117SD05), which was adopted:
Amend the bill, as and if amended, in Section 12-6-515(B) by adding at the end of the subsection:
/   In addition, no reductions in the income tax rates provided for in this section for any taxable year may occur unless the Board of Economic Advisors certifies that sufficient general fund revenues for the fiscal year immediately following the reduction will remain available for the General Assembly in the annual general appropriations act for that year to maintain law enforcement funding at the level of the previous year. /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of amendments.


Printed Page 808 . . . . . Wednesday, February 2, 2005

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF COURT OF APPEALS JUDGES, CIRCUIT COURT JUDGES, FAMILY COURT JUDGES AND ADMINISTRATIVE LAW JUDGES

The Reading Clerk of the House read the following Concurrent Resolution:

S. 284 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2006, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2005; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2005.

The President recognized Senator McConnell, Chairman of the Judicial Merit Selection Commission.


Printed Page 809 . . . . . Wednesday, February 2, 2005

ELECTION OF A COURT OF APPEALS JUDGE, SEAT 1

The PRESIDENT announced that nominations were in order for a Judge of the Court of Appeals, Seat 1.
Senator McConnell, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Paul E. Short, Jr. had been screened, found qualified and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the Honorable Paul E. Short, Jr. was duly elected for the term prescribed by law.

On motion of Senator Short, with unanimous consent, Senator Short wished the Journal to reflect that she abstained from the consideration of and voting on the nomination of the Honorable Paul E. Short, Jr. to the position of Judge, Court of Appeals, Seat #1.

ELECTION OF A COURT OF APPEALS JUDGE, SEAT 2

The PRESIDENT announced that nominations were in order for a Judge of the Court of Appeals, Seat 2.

Senator McConnell, on behalf of the Judicial Merit Selection Commission, stated that the Honorable H. Bruce Williams had been screened, found qualified and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the Honorable H. Bruce Williams was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
SIXTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Sixth Judicial Circuit, Seat 1.

Senator McConnell, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Brooks P. Goldsmith had been screened, found qualified and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the Honorable Brooks P. Goldsmith was duly elected for the term prescribed by law.


Printed Page 810 . . . . . Wednesday, February 2, 2005

ELECTION OF AN ADMINISTRATIVE LAW JUDGE, SEAT 3

The PRESIDENT announced that nominations were in order for an Administrative Law Judge, Seat 3.

Senator McConnell, on behalf of the Judicial Merit Selection commission, stated that the Honorable Carolyn C. Matthews had been screened, found qualified and placed her name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the Honorable Carolyn C. Matthews was duly elected for the term prescribed by law.

ELECTION OF AN ADMINISTRATIVE LAW JUDGE, SEAT 4

The PRESIDENT announced that nominations were in order for an Administrative Law Judge, Seat 4.

Senator McConnell, on behalf of the Judicial Merit Selection commission, stated that the Honorable John D. Geathers had been screened, found qualified and placed his name in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the Honorable John D. Geathers was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
TWELFTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Twelfth Judicial Circuit, Seat 1.

Senator McConnell, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened, found qualified: Frederick A. "Rick" Hoefer II, Michael G. Nettles, and Thomas A. Russo.

Senator McConnell stated that Frederick A. "Rick" Hoefer II and Thomas A. Russo had withdrawn from the race, and placed the name of the remaining candidate, Michael G. Nettles, in nomination.

On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the Honorable Michael G. Nettles was duly elected for the term prescribed by law.


Printed Page 811 . . . . . Wednesday, February 2, 2005

ELECTION OF A FAMILY COURT JUDGE,
FIFTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 1.

Senator McConnell, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened, found qualified: Steven D. Dennis, Dorothy Mobley Jones and Gwendlyne Y. Smalls.

Senator McConnell stated that Steven D. Dennis had withdrawn from the race, and placed the name of the remaining candidates, Dorothy Mobley Jones and Gwendlyne Y. Smalls, in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Jones:

Alexander              Bryant                 Campsen
Cleary                 Cromer                 Elliott
Fair                   Grooms                 Hayes
Knotts                 Leatherman             Lourie
Martin                 Mescher                O'Dell
Peeler                 Rankin                 Richardson
Ryberg                 Scott                  Setzler
Thomas                 Verdin

Total--23

The following named Senators voted for Smalls:

Anderson               Ford                   Gregory
Hutto                  Jackson                Land
Leventis               Malloy                 Matthews
McConnell              McGill                 Patterson
Pinckney               Reese                  Ritchie
Sheheen                Short                  Smith, J. V.
Williams

Total--19

On motion of Rep. SCOTT, with unanimous consent, the members of the House voted by electronic roll call.


Printed Page 812 . . . . . Wednesday, February 2, 2005

The following named Representatives voted for Jones:
Agnew                  Altman                 Anthony
Bailey                 Ballentine             Barfield
Battle                 Bingham                Bowers
Brady                  Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Duncan                 Edge
Frye                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            Hinson                 Hiott
Huggins                Jennings               Leach
Limehouse              Littlejohn             Loftis
Lucas                  McCraw                 McGee
Miller                 Norman                 Owens
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--76

The following named Representatives voted for Smalls:

Allen                  Anderson               Bales
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Davenport
Delleney               Emory                  Funderburk
Govan                  J. Hines               M. Hines
Hosey                  Howard                 Jefferson
Kennedy                Kirsh                  Lee
Mack                   Mahaffey               Martin
McLeod                 Merrill                Moody-Lawrence

Printed Page 813 . . . . . Wednesday, February 2, 2005

J. M. Neal             Neilson                Ott
Parks                  Perry                  Rutherford
Scarborough            Scott                  F. N. Smith
J. E. Smith            W. D. Smith            Vick
Weeks                  Whipper

Total--44

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   120
Grand Total   162
Necessary to a choice   82
Of which Jones received   99
Of which Smalls received   63

Whereupon, the PRESIDENT announced that Dorothy Mobley Jones was duly elected for the term prescribed by law.

ELECTION OF AN ADMINISTRATIVE LAW JUDGE,
SEAT 2

The PRESIDENT announced that nominations were in order for an Administrative Law Judge, Seat 2.

Senator McConnell, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Joseph M. "Mickey" Epting, John D. McLeod, and Shirley C. Robinson.

Senator McConnell stated that Joseph M. "Mickey" Epting had withdrawn from the race, and placed the name of the remaining candidates, John D. McLeod and Shirley C. Robinson, in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for McLeod:

Bryant                 Campsen                Cromer
Fair                   Gregory                Grooms
Hayes                  Knotts                 Leatherman
Martin                 McConnell              Mescher
O'Dell                 Peeler                 Rankin
Ritchie                Ryberg                 Scott

Printed Page 814 . . . . . Wednesday, February 2, 2005

Sheheen                Short                  Smith, J. V.
Thomas                 Verdin

Total--23

The following named Senators voted for Robinson:

Alexander              Anderson               Cleary
Elliott                Ford                   Hutto
Jackson                Land                   Leventis
Lourie                 Malloy                 Matthews
McGill                 Patterson              Pinckney
Reese                  Richardson             Setzler
Williams

Total--19

On motion of Rep. SCOTT, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for McLeod:

Altman                 Anthony                Bailey
Barfield               Bingham                Bowers
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Coleman                Cotty                  Dantzler
Davenport              Delleney               Duncan
Frye                   Funderburk             Haley
Hamilton               Harrell                Haskins
Herbkersman            Hinson                 Hiott
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Neilson
Norman                 Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend

Printed Page 815 . . . . . Wednesday, February 2, 2005

Tripp                  Umphlett               Vaughn
Vick                   Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--74

The following named Representatives voted for Robinson:

Agnew                  Allen                  Anderson
Bales                  Ballentine             Battle
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Clark                  Clyburn                Cobb-Hunter
Edge                   Emory                  Govan
Hagood                 Hardwick               Hayes
J. Hines               M. Hines               Hosey
Howard                 Jefferson              Jennings
Kennedy                Lee                    Lucas
Mack                   Martin                 Miller
Moody-Lawrence         J. M. Neal             Ott
Parks                  Rhoad                  Rivers
Rutherford             Scott                  F. N. Smith
J. E. Smith            Weeks                  Whipper

Total--45

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   119
Grand Total   161
Necessary to a choice   81
Of which McLeod received   97
Of which Robinson received   64

Whereupon, the PRESIDENT announced that John D. McLeod was duly elected for the term prescribed by law.


Printed Page 816 . . . . . Wednesday, February 2, 2005

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:30 p.m. the House resumed, the SPEAKER in the Chair.

Rep. W. D. SMITH moved that the House recede until 1:45 p.m., which was agreed to.

THE HOUSE RESUMES

At 1:45 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. HIOTT a leave of absence for the remainder of the day.

SPEAKER IN CHAIR

H. 3007--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments:

H. 3007 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G. R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey, Toole, Talley, Umphlett, Brady, Bailey, Hagood, Edge, Clemmons, Huggins, Neilson, Vick and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL


Printed Page 817 . . . . . Wednesday, February 2, 2005

RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.

Reps. OTT and J. E. SMITH proposed the following Amendment No. 17 (Doc Name COUNCIL\GJK\20180SD05), which was tabled:
Amend the bill, as and if amended, by adding at the end of Section 12-6-515 of the 1976 Code, as contained in SECTION 1, the following:
/   In addition, no reductions in the income tax rates provided for in this section for any taxable year may occur unless the General Assembly as determined by the Board of Economic Advisors has provided for that year through the Trust Fund for Tax Relief sufficient revenues to provide every owner of real property qualifying for a four percent assessment ratio with an exemption from school operating millage of one hundred thousand dollars based on the current fair market value of the property. Distributions for this purpose shall not be based on population but instead shall be a direct reimbursement to school districts for taxes not collected as a result of this exemption. /
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. OTT spoke in favor of the amendment.
Rep. W. D. SMITH spoke against the amendment.
Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 70; Nays 39

Those who voted in the affirmative are:

Altman                 Ballentine             Barfield
Battle                 Bingham                Brady
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan

Printed Page 818 . . . . . Wednesday, February 2, 2005

Edge                   Frye                   Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McGee
Merrill                Norman                 Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Toole                  Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--70

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Bowers                 Breeland
G. Brown               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Emory
Funderburk             Govan                  Hayes
J. Hines               M. Hines               Hosey
Jefferson              Jennings               Lee
Mack                   McCraw                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rhoad                  Rivers
Rutherford             Scott                  F. N. Smith
J. E. Smith            Thompson               Vick

Total--39

So, the amendment was tabled.


Printed Page 819 . . . . . Wednesday, February 2, 2005

Reps. J. E. SMITH and FUNDERBURK proposed the following Amendment No. 7 (Doc Name COUNCIL\GJK\20147SD05), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   The 1976 Code is amended by adding:

"Section 12-6-515.   If the estimated general fund revenue growth as established in the February fifteenth revenue forecast of the Board of Economic Advisors for the next fiscal year is more than two percent over the general fund revenues for the previous fiscal year, the General Assembly in the annual general appropriations act for the next fiscal year shall appropriate to the trust Fund for Tax Relief the first five hundred million dollars of this new revenue growth above two percent which shall be in addition to what was appropriated to the Trust Fund for Tax Relief for the previous year. The remainder may then be used to reduce individual income tax rates and for other state purposes as the General Assembly shall provide by law.
SECTION   2.   This act takes effect July 1, 2006. /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

POINT OF ORDER

Rep. LOFTIS raised the Point of Order that Amendment No. 7 was out of order in that it was not germane to the Bill.
Rep. J. E. SMITH argued contra.
SPEAKER WILKINS stated that the substantial effect of the amendment dealt with property tax relief while the Bill dealt with reducing income taxes. He therefore sustained the Point of Order and ruled the amendment out of order.

Reps. J. E. SMITH and FUNDERBURK proposed the following Amendment No. 9 (Doc Name COUNCIL\GJK\20156SD05), which was tabled:
Amend the bill, as and if amended, in Section 12-6-515(B), as contained in SECTION 1, page 2, by striking lines 9 and 10 and inserting:
/   appropriations act for that year to provide full funding of the Education Finance Act for that year while also maintaining all other


Printed Page 820 . . . . . Wednesday, February 2, 2005

levels of K-12 education funding regardless of source, at not less than the amount appropriated in the previous year.   /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. J. E. SMITH continued speaking.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 39

Those who voted in the affirmative are:

Altman                 Ballentine             Barfield
Bingham                Brady                  Cato
Ceips                  Chalk                  Chellis
Clemmons               Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
Norman                 Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett

Printed Page 821 . . . . . Wednesday, February 2, 2005

Vaughn                 Viers                  Walker
White                  Wilkins                Witherspoon
Young

Total--70

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Battle                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Emory                  Funderburk             Govan
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jefferson
Kennedy                Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rhoad                  Rivers
Rutherford             J. E. Smith            Vick
Weeks                  Whipper                Whitmire

Total--39

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. JENNINGS a temporary leave of absence due to a meeting at the Department of Transportation.

Rep. J. E. SMITH proposed the following Amendment No. 15 (Doc Name COUNCIL\GJK\20122SD05), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 12-6-510 of the 1976 Code is amended to read:

"Section 12-6-510.   (A)   For taxable years beginning after 1994 2005, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550


Printed Page 822 . . . . . Wednesday, February 2, 2005

computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
Not over $2,220 2.5 percent of taxable income
Over $2,220 but $56 plus 3 percent of
not over $4,440 the excess over $2,220;
Over $4,440 but $123 plus 4 percent of
not over $6,660 the excess over $4,440;
Over $6,660 but $212 plus 5 percent of
not over $8,880 the excess of $6,660;
Over $8,880 but $323 plus 6 percent of
not over $11,100 the excess over $8,880;
Over $11,100 $456 plus 7 percent of                     the excess over $11,100.

BUT NOT

OVER   OVER--     --0--

$0   $5,000   2.5% times the amount

5,000 10,000   3% Times the amount less $ 25
10,000 15,000   4% Times the amount less $ 125
15,000 20,000   5% Times the amount less $ 475
20,000 25,000   6% Times the amount less $ 475
25,000+       7% Times the amount less $ 475

(B)   The department may prescribe tax tables consistent with the rates set pursuant to subsection (A)."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

SPEAKER IN CHAIR

Rep. J. E. SMITH continued speaking.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a temporary leave of absence to attend a business meeting.

Rep. J. E. SMITH continued speaking.

Rep. HARRELL moved to table the amendment.


Printed Page 823 . . . . . Wednesday, February 2, 2005

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 34

Those who voted in the affirmative are:

Altman                 Ballentine             Barfield
Battle                 Bingham                Brady
Cato                   Ceips                  Chalk
Chellis                Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Kennedy
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  Norman
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--70

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Emory                  Funderburk             Govan
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jefferson
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal

Printed Page 824 . . . . . Wednesday, February 2, 2005

Neilson                Ott                    Parks
Rivers                 Scott                  J. E. Smith
W. D. Smith            Vick                   Weeks
Whipper

Total--34

So, the amendment was tabled.

Rep. OTT proposed the following Amendment No. 19 (Doc Name COUNCIL\GGS\22911HTC05), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 5, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-537.   (A)   Notwithstanding the rates imposed pursuant to Section 12-6-510, a maximum rate of tax as provided in subsection (B) of this section applies to South Carolina taxable income received by or attributed to a taxpayer as a result of the taxpayer's status as a:

(1)   sole proprietor of a business;

(2)   shareholder of a subchapter 'S' corporation;

(3)   partner in a partnership; or

(4)   member of a limited liability company.

(B)   Taxable Year   Maximum Rate of Tax

2005             6.67 percent

2006             6.34 percent

2007             6.00 percent

2008             5.67 percent

2009             5.34 percent

After 2009         5.00 percent

The special rate allowed by this section does not apply for a guaranteed payment to a partner for personal service rendered by the partner for the partnership."
SECTION   2.   This act takes effect upon approval by the Governor /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. YOUNG moved to table the amendment.


Printed Page 825 . . . . . Wednesday, February 2, 2005

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

Yeas 68; Nays 35

Those who voted in the affirmative are:

Altman                 Bailey                 Ballentine
Barfield               Bingham                Brady
Cato                   Ceips                  Chalk
Chellis                Clemmons               Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Frye
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McGee                  Norman                 Owens
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--68

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Battle                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Emory                  Funderburk             Hayes
J. Hines               M. Hines               Hosey
Jefferson              Kennedy                Mack
McCraw                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott

Printed Page 826 . . . . . Wednesday, February 2, 2005

Parks                  Rivers                 Rutherford
Scott                  J. E. Smith            Vick
Weeks                  Whipper

Total--35

So, the amendment was tabled.

Rep. OTT proposed the following Amendment No. 20 (Doc Name COUNCIL\GJK\20182SD05), which was tabled:
Amend the bill, as and if amended, in Section 12-6-515 of the 1976 Code as contained in SECTION 1, by striking /two/ on line 42, page 1, and inserting /four/
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 64; Nays 42

Those who voted in the affirmative are:

Ballentine             Barfield               Brady
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Edge
Frye                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Herbkersman            Hinson
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McGee                  Norman                 Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
D. C. Smith            G. M. Smith            G. R. Smith

Printed Page 827 . . . . . Wednesday, February 2, 2005

J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Townsend
Tripp                  Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--64

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Battle
Bingham                Branham                Breeland
G. Brown               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Emory
Funderburk             Govan                  Hayes
J. Hines               M. Hines               Hosey
Jefferson              Kennedy                Mack
McCraw                 McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rivers                 Rutherford             Scott
Skelton                Thompson               Toole
Vick                   Weeks                  Whipper

Total--42

So, the amendment was tabled.

Reps. J. E. SMITH and FUNDERBURK proposed the following Amendment No. 22 (Doc Name COUNCIL\GJK\20158SD05), which was tabled:
Amend the bill, as and if amended, by adding at the end of Section 12-6-515 of the 1976 Code, as contained in SECTION 1:
/   No reductions in the income tax rates provided for in this section may occur unless the General Assembly has first restored all funds withdrawn from trust funds or special funds during fiscal years 2002-2003 through 2004-2005 in order to provide sufficient funding to balance the general appropriations acts for those years. /
Renumber sections to conform.
Amend title to conform.


Printed Page 828 . . . . . Wednesday, February 2, 2005

Rep. FUNDERBURK explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 67; Nays 41

Those who voted in the affirmative are:

Ballentine             Barfield               Bingham
Brady                  Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               McCraw                 McGee
Norman                 Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Toole
Townsend               Tripp                  Umphlett
Vaughn                 Viers                  Walker
White                  Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Battle
Branham                Breeland               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Emory                  Funderburk             Govan

Printed Page 829 . . . . . Wednesday, February 2, 2005

Hayes                  J. Hines               M. Hines
Hosey                  Jefferson              Kennedy
Mack                   Martin                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rivers                 Rutherford
Scott                  G. M. Smith            J. E. Smith
Thompson               Vick                   Weeks
Whipper                Whitmire

Total--41

So, the amendment was tabled.

Rep. OTT proposed the following Amendment No. 25 (Doc Name COUNCIL\GJK\20182SD05msf), which was tabled:
Amend the bill, as and if amended, in Section 12-6-515 of the 1976 Code as contained in SECTION 1, by striking /two/ on line 42, page 1, and inserting /three/
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 58; Nays 51

Those who voted in the affirmative are:

Bailey                 Barfield               Brady
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey

Printed Page 830 . . . . . Wednesday, February 2, 2005

McGee                  Norman                 Owens
Perry                  Pinson                 Rice
Sandifer               Scarborough            Simrill
Sinclair               D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Townsend               Tripp                  Umphlett
Vaughn                 Viers                  Walker
Whitmire               Wilkins                Witherspoon
Young

Total--58

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Emory                  Funderburk
Govan                  Haley                  Hayes
J. Hines               M. Hines               Hosey
Huggins                Jefferson              Kennedy
Mack                   McCraw                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  E. H. Pitts            M. A. Pitts
Rhoad                  Rivers                 Rutherford
Scott                  Skelton                J. E. Smith
Thompson               Toole                  Vick
Weeks                  Whipper                White

Total--51

So, the amendment was tabled.

Rep. RIVERS spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. RIVERS continued speaking.


Printed Page 831 . . . . . Wednesday, February 2, 2005

Rep. OTT spoke against the Bill.

Rep. OTT moved to recommit the Bill to the Committee on Ways and Means.

Rep. WILKINS moved to table the motion.

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

Yeas 71; Nays 38

Those who voted in the affirmative are:

Bailey                 Ballentine             Barfield
Battle                 Bingham                Brady
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Hagood                 Haley
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Lucas
Mahaffey               Martin                 McCraw
McGee                  Neilson                Norman
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--71


Printed Page 832 . . . . . Wednesday, February 2, 2005

Those who voted in the negative are:
Agnew                  Allen                  Anderson
Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Emory                  Funderburk
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Jefferson
Kennedy                Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Ott                    Parks
Rhoad                  Rivers                 Rutherford
Scott                  J. E. Smith            Vick
Weeks                  Whipper

Total--38

So, the motion to recommit the Bill was tabled.

Rep. COBB-HUNTER spoke against the Bill.

SPEAKER IN CHAIR

Rep. COBB-HUNTER continued speaking.
Rep. MCLEOD spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. MCLEOD continued speaking.

SPEAKER IN CHAIR

Rep. MCLEOD continued speaking.

Rep. McLEOD proposed the following Amendment No. 26 (Doc Name COUNCIL\MS\7141AHB05), which was tabled:
Amend the bill, as and if amended, by striking SECTION 3 in its entirety and inserting:
/   SECTION   3.   Section 1 of this act takes effect July 1, 2007. Adjustments to withholding or estimated tax payments to reflect the lower 2007 taxable year marginal income tax rate may not be made


Printed Page 833 . . . . . Wednesday, February 2, 2005

before that date. Section 2 of this act takes effect upon approval by the Governor and first applies for bracket adjustments calculated for taxable year 2007. /
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 69; Nays 40

Those who voted in the affirmative are:

Bailey                 Ballentine             Barfield
Battle                 Bingham                Brady
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 Norman
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--69


Printed Page 834 . . . . . Wednesday, February 2, 2005

Those who voted in the negative are:
Agnew                  Allen                  Anderson
Anthony                Bales                  Bowers
Branham                Breeland               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Emory                  Funderburk             Govan
Hayes                  J. Hines               M. Hines
Hosey                  Jefferson              Jennings
Kennedy                Mack                   McGee
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rhoad
Rivers                 Rutherford             Scott
J. E. Smith            Vick                   Weeks
Whipper

Total--40

So, the amendment was tabled.

Rep. HINSON moved cloture on the entire matter.

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

Yeas 61; Nays 43

Those who voted in the affirmative are:

Bailey                 Ballentine             Barfield
Bingham                Brady                  Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Dantzler
Davenport              Delleney               Duncan
Edge                   Hagood                 Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McGee
Norman                 Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough

Printed Page 835 . . . . . Wednesday, February 2, 2005

Simrill                Sinclair               Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Toole                  Townsend               Umphlett
Vaughn                 Viers                  Walker
Whitmire               Wilkins                Witherspoon
Young

Total--61

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Battle
Branham                Breeland               G. Brown
J. Brown               Clyburn                Coates
Cobb-Hunter            Emory                  Funderburk
Govan                  Haley                  Hayes
J. Hines               M. Hines               Hosey
Jefferson              Kennedy                Kirsh
Mack                   McCraw                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
Neilson                Ott                    Parks
Rhoad                  Rivers                 Rutherford
Scott                  J. E. Smith            Thompson
Tripp                  Vick                   Weeks
White

Total--43

So, cloture was ordered.

Rep. KENNEDY spoke against the Bill.
Rep. J. H. NEAL spoke against the Bill.
Rep. J. E. SMITH spoke against the Bill.

Rep. KENNEDY moved to recommit the Bill to the Committee on Ways and Means.

Rep. HARRELL moved to table the motion.


Printed Page 836 . . . . . Wednesday, February 2, 2005

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 67; Nays 42

Those who voted in the affirmative are:

Bailey                 Ballentine             Barfield
Battle                 Bingham                Brady
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Kirsh
Limehouse              Loftis                 Lucas
Mahaffey               McCraw                 McGee
Norman                 Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Emory                  Funderburk
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Howard
Jefferson              Jennings               Kennedy
Leach                  Mack                   McLeod

Printed Page 837 . . . . . Wednesday, February 2, 2005

Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rhoad                  Rivers
Rutherford             Scott                  J. E. Smith
Vick                   Weeks                  Whipper

Total--42

So, the motion to recommit the Bill was tabled.

RECORD FOR VOTING

I made a mistake on H. 3007 and voted 'nay'. My vote should have been 'yea' to table the motion to send the Bill back to committee.

Rep. Robert Leach

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

Yeas 73; Nays 39

Those who voted in the affirmative are:

Bailey                 Bales                  Ballentine
Barfield               Battle                 Bingham
Brady                  Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               McCraw
McGee                  Neilson                Norman
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend

Printed Page 838 . . . . . Wednesday, February 2, 2005

Tripp                  Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--73

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Emory                  Funderburk             Govan
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Parks                  Rhoad                  Rivers
Rutherford             Scott                  J. E. Smith
Vick                   Weeks                  Whipper

Total--39

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

RECORD FOR VOTING

I was not in the House Chamber when the vote was recorded on H. 3007. I would have voted in favor of H. 3007, and would ask that this be reflected in the records.

Rep. Donald C. Smith

Rep. YOUNG 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. 3418 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION CONGRATULATING THE CALHOUN ACADEMY "CAVALIERS"


Printed Page 839 . . . . . Wednesday, February 2, 2005

FOOTBALL TEAM OF CALHOUN COUNTY ON THEIR OUTSTANDING SEASON AND CAPTURING THE 2004 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AA STATE FOOTBALL CHAMPIONSHIP, AND HONORING THESE OUTSTANDING PLAYERS, COACH ADAM JARECKI AND HIS STAFF, AND THE CALHOUN ACADEMY.

H. 3419 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF JUDGE ARCHIE BEATTIE OF LEE COUNTY ON JANUARY 17, 2005, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 5:40 p.m. the House, in accordance with the motion of Rep. BALLENTINE, adjourned in memory of Howard Stevermer of Taylors, to meet at 10:00 a.m. tomorrow.

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