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

Thursday, February 2, 2006
(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 119:68: "You are good and what you do is good; teach me your decrees."
Let us pray. Almighty God, even though our problems are great and complicated, may we put our trust in You. Let us go to our task today with confidence, sharing the helpfulness from each other, and trusting in that You, O Lord, will provide the answer. Bless our Nation, our President, our Governor and our leaders. Give them courage, wisdom, and the ability to lead. Keep our defenders of freedom safe in Your care. Hear our prayer, O Lord. Amen.

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

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

MOTION ADOPTED

Rep. CATO moved that when the House adjourns, it adjourn in memory of William E. Branyon of Gowensville, which was agreed to.

INTRODUCTION OF BILLS

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

H. 4582 (Word version) -- Reps. Leach and Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 56, TITLE 44 TO ENACT "THE CLANDESTINE METHAMPHETAMINE LAB SITE REMEDIATION ACT" SO AS TO REQUIRE LAW ENFORCEMENT TO QUARANTINE PROPERTY ON WHICH A LAB IS OPERATED FOR THE UNLAWFUL MANUFACTURING OF METHAMPHETAMINE, TO FILE A NOTICE OF A METHAMPHETAMINE LAB SITE QUARANTINE WITH THE REGISTER OF DEEDS FOR RECORDING, AND TO SUBMIT A LIST OF METHAMPHETAMINE LAB SITES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE THE DEPARTMENT TO MAINTAIN A LISTING OF THESE PROPERTIES, WHICH MUST BE MADE AVAILABLE TO THE PUBLIC, TO REGISTER PERSONS AND ENTITIES ENGAGING IN CLEANUP AND REMEDIATION OF METHAMPHETAMINE LAB SITES, AND TO PROMULGATE IN REGULATION REQUIREMENTS FOR REGISTRATION TO REMEDIATE METHAMPHETAMINE LAB SITES AND GUIDELINES FOR REMEDIATION; TO REQUIRE PROPERTY OWNERS TO REMEDIATE SUCH PROPERTY ON WHICH METHAMPHETAMINE LAB SITES ARE OPERATED AND TO AUTHORIZE PERSONS CONVICTED OF MANUFACTURING METHAMPHETAMINE TO PAY RESTITUTION FOR EXPENSE INCURRED BY PUBLIC ENTITIES FOR EMERGENCY RESPONSES TO SUCH SITES AND TO PROPERTY OWNERS FOR REMEDIATION.
Referred to Committee on Judiciary

H. 4583 (Word version) -- Reps. Leach, Bingham, Anthony, Davenport, Frye and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1830 SO AS TO ESTABLISH THE ADOPTIONS PROCEDURE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS SCOPE OF STUDY, AND TO REQUIRE THE COMMITTEE ANNUALLY TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary

H. 4584 (Word version) -- Reps. Leach, Bingham, Anthony, Davenport, Frye and Huggins: A BILL TO AMEND SECTION 20-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE CHILDREN'S CODE, INCLUDING THE DEFINITION OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT CHILD ABUSE AND NEGLECT INCLUDES KNOWINGLY EXPOSING A CHILD TO CHEMICALS THAT HAVE THE CAPACITY TO INTERFERE WITH NORMAL PHYSIOLOGICAL FUNCTIONS, INCLUDING DURING THE MANUFACTURING OF METHAMPHETAMINE; TO AMEND SECTION 20-7-763, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF SOCIAL SERVICES MUST MAKE REASONABLE EFFORTS TO PRESERVE OR UNIFY THE FAMILY AND EXCEPTIONS TO THIS REQUIREMENT, SO AS TO PROVIDE AS AN EXCEPTION THAT THE PARENT HAS KNOWINGLY EXPOSED A CHILD TO CHEMICALS THAT HAVE THE CAPACITY TO INTERFERE WITH NORMAL PHYSIOLOGICAL FUNCTIONS, INCLUDING DURING THE MANUFACTURING OF METHAMPHETAMINE; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR THE TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE AS A GROUND THAT THE PARENT EXPOSED A CHILD TO CHEMICALS THAT HAVE THE CAPACITY TO INTERFERE WITH NORMAL PHYSIOLOGICAL FUNCTIONS, INCLUDING DURING THE MANUFACTURING OF METHAMPHETAMINE.
Referred to Committee on Judiciary

H. 4585 (Word version) -- Reps. Simrill, Bowers, Kennedy, Duncan, Bannister, Ceips, Cobb-Hunter, Leach, Limehouse, Littlejohn, Ott and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-682 SO AS TO DESIGNATE BOILED PEANUTS AS THE OFFICIAL STATE SNACK FOOD.
Referred to Committee on Invitations and Memorial Resolutions

H. 4591 (Word version) -- Reps. Altman and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-185 SO AS TO REQUIRE A COUNTY BOARD OF REGISTRATION TO REJECT AN APPLICATION FOR VOTER REGISTRATION IF IT IS NOT ACCOMPANIED BY SATISFACTORY EVIDENCE OF UNITED STATES CITIZENSHIP AND SOUTH CAROLINA RESIDENCY, TO EMPOWER THE STATE ELECTION COMMISSION TO APPROVE DOCUMENTS THAT ESTABLISH SATISFACTORY EVIDENCE OF UNITED STATES CITIZENSHIP AND SOUTH CAROLINA RESIDENCY, AND TO PROVIDE AN EXCEPTION FOR PERSONS CURRENTLY REGISTERED TO VOTE.
Referred to Committee on Judiciary

H. 4592 (Word version) -- Rep. Barfield: A BILL TO AMEND SECTION 6-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF A REGIONAL COUNCIL AND THE REPRESENTATIVES THAT SERVE ON THE POLICYMAKING BODY, SO AS TO PROVIDE FOR THE REMOVAL OF ELECTED MEMBERS WHO ARE DEFEATED.
Referred to Committee on Judiciary

H. 4594 (Word version) -- Reps. Vick, Witherspoon, Clemmons and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5595 SO AS TO PROVIDE THAT FOR PURPOSES OF THE NONRECOGNITION OF GAIN UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE AND COMPARABLE PROVISIONS OF STATE LAW, THE CONVEYANCE BY TIMBER DEED OF THE RIGHT TO CUT STANDING TIMBER IS CONSIDERED A CONVEYANCE OF A REAL PROPERTY INTEREST AND AS SUCH UNDER THE LAWS OF THIS STATE IS A LIKE-KIND EXCHANGE WITH OTHER SIMILAR CONVEYANCES OF A REAL PROPERTY INTEREST OR WITH CONVEYANCES OF SIMILAR INVESTMENT REAL PROPERTY OWNED IN FEE SIMPLE.
On motion of Rep. VICK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4595 (Word version) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Agnew, Bales, Ballentine, Bowers, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett and Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry

HOUSE RESOLUTION

The following was introduced:

H. 4586 (Word version) -- Rep. Hiott: A HOUSE RESOLUTION TO COMMEND AND RECOGNIZE THE PICKENS HIGH SCHOOL LADY FLAME VOLLEYBALL TEAM FOR ITS IMPRESSIVE 2005 STATE VOLLEYBALL CHAMPIONSHIP WIN AND TO HONOR THE PLAYERS AND COACH JENNIFER GRAVELY ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4587 (Word version) -- Rep. Hiott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE PICKENS HIGH SCHOOL LADY FLAME VOLLEYBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO COMMEND AND RECOGNIZE THEM FOR THEIR IMPRESSIVE 2005 STATE VOLLEYBALL CHAMPIONSHIP WIN AND TO HONOR THE PLAYERS AND COACH JENNIFER GRAVELY ON AN EXCEPTIONAL SEASON.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and school officials of the Pickens High School Lady Flame Volleyball Team to commend and recognize them for their impressive 2005 State Volleyball championship win and honor the players and Coach Jennifer Gravely on an exceptional season.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4588 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT MARKERS OR SIGNS AT EXIT 82 B ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY THAT CONTAIN THE WORDS "CHERRY ROAD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

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

H. 4589 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE STUDENTS, TEACHERS, AND SCHOOL OFFICIALS OF THE SILVER SPIRIT MARCHING BAND OF SILVER BLUFF HIGH SCHOOL ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON WINNING THE SOUTH CAROLINA BAND DIRECTOR'S ASSOCIATION 2005 CLASS AA STATE MARCHING BAND CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the students, teachers, and school officials of the Silver Spirit Marching Band of Silver Bluff High School on a date and at a time to be determined by the Speaker to congratulate them on winning the South Carolina Band Director's Association 2005 Class AA State Marching Band Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4590 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER SPIRIT MARCHING BAND OF SILVER BLUFF HIGH SCHOOL FOR WINNING THE SOUTH CAROLINA BAND DIRECTOR'S ASSOCIATION 2005 CLASS AA STATE MARCHING BAND CHAMPIONSHIP.

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

HOUSE RESOLUTION

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

H. 4593 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE STUDENTS AND SCHOOL OFFICIALS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THEM FOR A DEMONSTRATION OF THEIR UNIQUE ACCOMPLISHMENTS.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor at a date and time to be determined by the Speaker to the students and school officials of the South Carolina School for the Deaf and the Blind for the purpose of recognizing them for a demonstration of their unique accomplishments.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4596 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown and J. H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF HIGHWAY 76/378 IN SUMTER (KNOWN AS THE BROAD STREET EXTENSION) FROM LORING MILL ROAD TO SOUTH CAROLINA ROAD 441 IN HONOR OF RAMON W. SCHWARTZ, JR., ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC OFFICIALS AND A FORMER SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "RAMON W. SCHWARTZ, JR. HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1111 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE FACULTY, STAFF, AND STUDENTS OF RICHLAND NORTHEAST HIGH SCHOOL DISTRICT TWO FOR BEING SELECTED TO RECEIVE THE PRESTIGIOUS JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS "CREATIVE TICKET NATIONAL SCHOOL OF DISTINCTION" AWARD FOR THE 2004-2005 SCHOOL YEAR.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1112 (Word version) -- Senators Cleary, Alexander, Anderson, Bryant, Campsen, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO DECLARE SATURDAY, FEBRUARY 4, 2006, AS "SOUTH CAROLINA GIVE KIDS A SMILE DAY" TO PROMOTE ORAL HYGIENE AND TO JOIN IN THE EFFORTS THROUGHOUT THE NATION TO ADVOCATE ORAL HEALTH AWARENESS.
Whereas, the State of South Carolina is proud to promote good oral health through "South Carolina Give Kids a Smile Day" on Saturday, February 4, 2006; and

Whereas, "South Carolina Give Kids a Smile Day", is a day set aside to focus attention on the epidemic of untreated oral disease among disadvantaged children; and

Whereas, dental decay is a problem that is not widely recognized, but is detrimental to the health of South Carolinians. It is five times more common than asthma and seven times more common than hay fever; and

Whereas, an estimated twenty-three million children in America are without dental insurance; and

Whereas, the future, in large part, is dependent on the good health of our families; and

Whereas, good overall health can be achieved in part through regular oral health care; and

Whereas, the General Assembly of the State of South Carolina stands committed to supporting regular and thorough oral health care for the children of our State, so they may smile brightly and proudly in the future. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, declare Saturday, February 4, 2006, as "South Carolina Give Kids a Smile Day" to promote oral hygiene and join in the efforts throughout the nation to advocate oral health awareness.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Dental Association.

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

ROLL CALL

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

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               Bingham                Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rutherford             Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. E. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Vick                   Viers                  Walker
Weeks                  Whipper                White
Whitmire               Witherspoon            Young

STATEMENT OF ATTENDANCE

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

H. B. "Chip" Limehouse            William Bowers
Daniel Tripp                      Tracy Edge
Roland Smith

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. BATTLE a leave of absence for the day due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Boyce Tollison of Easley is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. 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. 3338 (Word version)
Date:   ADD:
02/02/06   TAYLOR

CO-SPONSOR ADDED

Bill Number:   H. 3795 (Word version)
Date:   ADD:
02/02/06   MAHAFFEY

CO-SPONSOR ADDED

Bill Number:   H. 3881 (Word version)
Date:   ADD:
02/02/06   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 3881 (Word version)
Date:   ADD:
02/02/06   FUNDERBURK

CO-SPONSOR ADDED

Bill Number:   H. 4301 (Word version)
Date:   ADD:
02/02/06   FUNDERBURK

CO-SPONSOR ADDED

Bill Number:   H. 4301 (Word version)
Date:   ADD:
02/02/06   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 4319 (Word version)
Date:   ADD:
02/02/06   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 4346 (Word version)
Date:   ADD:
02/02/06   M. HINES

CO-SPONSOR ADDED

Bill Number:   H. 4347 (Word version)
Date:   ADD:
02/02/06   HAGOOD

CO-SPONSOR ADDED

Bill Number:   H. 4347 (Word version)
Date:   ADD:
02/02/06   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
02/02/06   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 4144 (Word version)
Date:   ADD:
02/02/06   MILLER

CO-SPONSOR REMOVED

Bill Number:   H. 4334 (Word version)
Date:   REMOVE:
02/02/06   WEEKS

CO-SPONSOR REMOVED

Bill Number:   H. 4501 (Word version)
Date:   REMOVE:
02/02/06   SANDIFER

SENT TO THE SENATE

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

H. 4046 (Word version) -- Reps. Townsend, Clark and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-580 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL IMPLEMENT A SCHOOL BUS REPLACEMENT CYCLE TO REPLACE APPROXIMATELY ONE-TWELFTH OF THE FLEET EACH YEAR, RESULTING IN A COMPLETE REPLACEMENT OF THE FLEET EVERY TWELVE YEARS.

H. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.

H. 3720 (Word version) -- Reps. Talley, Harrison and Clark: A BILL TO AMEND SECTION 7-15-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING BY ARMED SERVICES PERSONNEL DURING A MILITARY EMERGENCY, SO AS TO EXPAND THE APPLICATION OF THE PROVISIONS OF THE SECTION AND DIRECT THE STATE ELECTION COMMISSION TO TAKE ALL STEPS NECESSARY INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS, TO ENSURE THAT ANY OUT-OF-STATE RESIDENT HAS THE OPPORTUNITY TO RECEIVE AND CAST ANY BALLOT HE WOULD HAVE BEEN ELIGIBLE TO CAST IF HE HAD RESIDED AND REMAINED IN SOUTH CAROLINA.

H. 3721 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE THE PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION REVIEWS THE WITHDRAWAL OF A CANDIDATE IN A MULTI-COUNTY ELECTION OR AN ELECTION FOR A MEMBER OF THE GENERAL ASSEMBLY.

H. 4536 (Word version) -- Rep. Harrell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2006.

H. 4537 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2942, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4513 (Word version) -- Reps. Cobb-Hunter, Ceips, Hinson, Leach and M. A. Pitts: A BILL TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO THE APPROPRIATE TIME AFTER THE COMMITTEE HAS DETERMINED ITS RECOMMENDATIONS AND A FINAL REPORT OF THE COMMITTEE IS SUBMITTED TO THE GENERAL ASSEMBLY.

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 617 (Word version) -- Senators Alexander, Setzler, Short, Verdin, Ryberg, Knotts, Campsen and Ritchie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE, INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO PROPOSE A FURTHER AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

S. 1074 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTIONS 59-53-210 AND 59-53-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRI-COUNTY TECHNICAL COLLEGE DISTRICT AND THE TRI-COUNTY TECHNICAL COLLEGE COMMISSION AND THE EDUCATION INSTITUTION CREATED AND OPERATED BY THE COMMISSION, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE DISTRICT, TO CHANGE THE NAME OF THE COMMISSION TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE COMMISSION, AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED AND OPERATED BY IT AS THE TRI-COUNTY COMMUNITY COLLEGE.

ORDERED TO THIRD READING

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

H. 4538 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ASSESSMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WHITMIRE explained the Joint Resolution.

H. 4539 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 3014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WHITMIRE explained the Joint Resolution.

H. 4540 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3015, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WHITMIRE explained the Joint Resolution.

H. 4541 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WHITMIRE explained the Joint Resolution.

S. 1078 (Word version) -- Senators Cleary, Rankin and McGill: A BILL TO AMEND JOINT RESOLUTION 272 OF 1985, RELATING TO THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO USE A PORTION OF THE IMPACT FEES TO CONSTRUCT A FACILITY OR BUILDING IN WHICH TO HOUSE OR STORE FIRE FIGHTING EQUIPMENT.

H. 4538--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WHITMIRE, with unanimous consent, it was ordered that H. 4538 (Word version) be read the third time tomorrow.

H. 4539--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WHITMIRE, with unanimous consent, it was ordered that H. 4539 (Word version) be read the third time tomorrow.

H. 4540--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WHITMIRE, with unanimous consent, it was ordered that H. 4540 (Word version) be read the third time tomorrow.

H. 4541--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WHITMIRE, with unanimous consent, it was ordered that H. 4541 (Word version) be read the third time tomorrow.

H. 4542--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 4542 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WHITMIRE explained the Joint Resolution.

Rep. WHITMIRE moved to adjourn debate on the Joint Resolution until Tuesday, February 7, which was agreed to.

H. 4543--DEBATE ADJOURNED

Rep. WHITMIRE moved to adjourn debate upon the following Joint Resolution until Tuesday, February 7, which was adopted:

H. 4543 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LIFE SCHOLARSHIP, SC HOPE SCHOLARSHIP, AND PALMETTO FELLOWS SCHOLARSHIP APPEALS REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4556--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4556 (Word version) -- Reps. Sinclair, Anthony, Mitchell, Davenport, Littlejohn, Mahaffey, Talley and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-323 SO AS TO PROVIDE THAT NO MORE THAN FIFTY PERCENT OF THE WASTE RECEIVED BY A REGIONAL SOLID WASTE LANDFILL IN SPARTANBURG COUNTY, INITIALLY PERMITTED AFTER JUNE 30, 2006, MAY BE GENERATED OUTSIDE OF SPARTANBURG COUNTY.

Rep. PERRY moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. W. D. SMITH moved to table the motion.

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

Yeas 76; Nays 15

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Barfield
Bowers                 Branham                Breeland
Cato                   Chalk                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cotty                  Davenport
Delleney               Emory                  Funderburk
Hamilton               Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hiott                  Hosey
Jefferson              Jennings               Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
McCraw                 McLeod                 Merrill
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             Neilson                Ott
Owens                  Perry                  Phillips
M. A. Pitts            Rhoad                  Rice
Rutherford             Scott                  Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Vaughn                 Vick
Walker                 Weeks                  Whipper
White

Total--76

Those who voted in the negative are:

Ballentine             Brady                  G. Brown
Clark                  Dantzler               Frye
Hagood                 Haley                  Huggins
Kennedy                Kirsh                  Parks
Pinson                 E. H. Pitts            Viers

Total--15

So, the motion to commit the Bill was tabled.

Reps. KENNEDY, PERRY, HOSEY, G. BROWN, PARKS, TALLEY, WALKER, SINCLAIR, LITTLEJOHN, J. H. NEAL, MACK, MILLER, DAVENPORT, MITCHELL, ANDERSON, MAHAFFEY, COBB-HUNTER, J. BROWN, SCOTT, OTT, JEFFERSON, JENNINGS, WEEKS, BREELAND, R. BROWN, MOODY-LAWRENCE, J. HINES and RHOAD requested debate on the Bill.

S. 1026--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 1026 (Word version) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. V. Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT.

Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9166HTC06), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/ SECTION   1.   (A)   There is appropriated from fiscal year 2004-2005 state general fund surplus revenues to the state's General Deposit Account an amount equal to $104,934,400 for the purpose of preventing an accumulated Generally Accepted Accounting Principles (GAAP) deficit in the general fund of the State in the amount of the funds appropriated. The Comptroller General shall adjust the state's accounts as appropriate to reflect this appropriation.

(B)   There is appropriated from fiscal year 2004-2005 state general fund surplus revenues to the State Department of Education an amount equal to $13,094,604 for school bus operations, to include the purchase of bus parts and fuel for the school bus fleet. Funds appropriated pursuant to this subsection not expended before July 1, 2006, must be carried forward into the succeeding fiscal year and used for the same purposes. /
Renumber sections to conform.
Amend title to conform.

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

The Joint Resolution, as amended, was read the second time and ordered to third reading.

S. 1026--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. COOPER, with unanimous consent, it was ordered that S. 1026 (Word version) be read the third time tomorrow.

H. 3881--POINT OF ORDER

The following Bill was taken up:

H. 3881 (Word version) -- Reps. Hagood, Brady, Altman, Limehouse, Scarborough, Taylor, R. Brown, Mack, Miller, Whipper, Bailey, Weeks and Funderburk: A BILL TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION, INTERGOVERNMENTAL COORDINATION, AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF UNNECESSARY HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET-BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "UNNECESSARY HOUSING REGULATORY REQUIREMENTS"; TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT.

POINT OF ORDER

Rep. WEEKS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4239--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4239 (Word version) -- Reps. Umphlett, Dantzler, Hinson and Jefferson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII, TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO COMMISSIONED LAW ENFORCEMENT OFFICERS EMPLOYED BY A COUNTY AND MUNICIPAL POLICE OFFICERS EMPLOYED IN A COUNTY IN WHICH THEY DO NOT RESIDE WHO HOLD ANOTHER OFFICE.

POINT OF ORDER

Rep. G. M. SMITH made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4301--POINT OF ORDER

The following Bill was taken up:

H. 4301 (Word version) -- Reps. G. M. Smith, Bailey, Harrison, Altman, Vaughn, G. R. Smith, Battle, Kirsh, M. A. Pitts, Coates, Moody-Lawrence, Toole, Vick, Littlejohn, Sandifer, Owens, Ceips, Funderburk and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6, CHAPTER 11, TITLE 16 SO AS TO ENACT THE "PROTECTION OF PERSONS AND PROPERTY ACT", TO DEFINE THE TERMS "DWELLING", "GREAT BODILY INJURY", "RESIDENCE", AND "VEHICLE", TO AUTHORIZE THE LAWFUL USE OF DEADLY FORCE AGAINST AN INTRUDER OR ATTACKER IN A PERSON'S DWELLING, RESIDENCE, OR OCCUPIED VEHICLE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT THERE IS NO DUTY TO RETREAT IF THE PERSON IS IN A PLACE WHERE HE HAS A RIGHT TO BE, INCLUDING THE PERSON'S PLACE OF BUSINESS, AND THE USE OF DEADLY FORCE IS NECESSARY TO PREVENT DEATH, GREAT BODILY INJURY, OR THE COMMISSION OF A VIOLENT CRIME, AND TO PROVIDE THAT A PERSON WHO LAWFULLY USES DEADLY FORCE IS IMMUNE FROM CRIMINAL PROSECUTION AND CIVIL ACTION AND MAY NOT BE ARRESTED UNLESS PROBABLE CAUSE EXISTS THAT THE DEADLY FORCE USED WAS UNLAWFUL.

POINT OF ORDER

Rep. G. M. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4319--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4319 (Word version) -- Reps. Harrell, Clark, Bailey, Hinson, Altman, Vaughn, Battle, Cotty, Whipper, Taylor, Kirsh, Coates, Toole, Ballentine, Vick, Littlejohn, Sandifer, Mahaffey, Hardwick, Walker, R. Brown, Haley, McLeod, Ceips and Weeks: A BILL TO AMEND SECTION 10-1-161, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLAGS FLOWN AT HALF-STAFF ON THE STATE CAPITOL BUILDING, SO AS TO PROVIDE THAT THE GOVERNOR MAY ORDER FLAGS FLOWN AT HALF-STAFF WHEN AN ACT OF CONGRESS OR A PRESIDENTIAL ORDER IS ISSUED ORDERING FLAGS ON FEDERAL BUILDINGS BE FLOWN AT HALF-STAFF.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20776SD06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 10-1-161 of the 1976 Code, as last amended by Act 207 of 2004, is further amended to read:

"Section 10-1-161.   (A)   On Memorial Day the flags, which are flown atop the State Capitol Building, shall must be displayed at half-staff until noon, then raised to the top of the staff.

(B)   To honor and pay tribute to the following public officials the flags which are flown atop the State Capitol Building shall must be lowered to half-staff on the day on which funeral services are conducted for these public officials:

(1)   current and past members of the United States Congress from the State of South Carolina;

(2)   current constitutional officers of the State of South Carolina;

(3)   former Governors and Lieutenant Governors of the State of South Carolina;

(4)   current members of the South Carolina General Assembly;

(5)   current members of the South Carolina Supreme Court; and

(6)   current and former Presidents of the United States.

(C)   As contained in this section, 'half-staff' means the position of the flag when it is one-half the distance between the top and bottom of the staff.

(D)   In addition to the public officials enumerated in subsection (B), flags atop the State Capitol Building shall must be lowered to half-staff on the day when funeral services are conducted for members of the United States military services who were residents of South Carolina and who lost their lives in the line of duty while in combat.

(E)   The flags atop the State Capitol Building must be flown at half-staff for a period of thirty days from the date of death of the President or a former President; for a period of ten days from the date of death of the vice president, the Chief Justice, or a retired Chief Justice of the United States Supreme Court, or the Speaker of the United States House of Representatives; and from the date of death through the date of internment of an associate justice of the United States Supreme Court, or a secretary of a federal executive or military department, or a former vice president.

(F)   Upon the occurrence of an extraordinary event resulting in death or upon the death of a person of extraordinary stature, the Governor may order that the flags atop the State Capitol Building be lowered to half-staff at a designated time or for a designated period of time.

(G)   The Governor may order the flags atop the State Capitol Building to be lowered to half-staff for the same designated time when an act of the United States Congress or a presidential order is issued to lower flags to half-staff over federal buildings.

(H)   The flags atop the State Capitol Building, when flown at half-staff must first be hoisted to the peak for an instant and then lowered to the half-staff position. The flags must be again raised to the peak before they are lowered for the day."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4319--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SINCLAIR, with unanimous consent, it was ordered that H. 4319 (Word version) be read the third time tomorrow.

S. 141--POINT OF ORDER

The following Bill was taken up:

S. 141 (Word version) -- Senators Hayes, Knotts and Elliott: A BILL TO AMEND SECTION 15-49-20 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME IN WHICH HE IS MAKING THE REQUEST AND TO PROVIDE A PENALTY FOR A VIOLATION OF THE SECTION.

POINT OF ORDER

Rep. OTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 293--POINT OF ORDER

The following Bill was taken up:

S. 293 (Word version) -- Senators Hayes and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-47 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER EMPLOYED BY A NEIGHBORING STATE TO ENTER SOUTH CAROLINA IN FRESH PURSUIT OF A PERSON WHO IS IN FLIGHT FROM THE COMMISSION OF A CRIMINAL OFFENSE IN THE NEIGHBORING STATE AND TO ARREST THE PERSON, TO PROVIDE FOR A PROCEDURE TO DETERMINE THE LAWFULNESS OF THE ARREST, THE RELEASE OF THE PERSON ARRESTED, AND THE EXTRADITION OF THE ARRESTED PERSON, AND TO PROVIDE THAT THIS SECTION APPLIES ONLY TO LAW ENFORCEMENT OFFICERS EMPLOYED BY A NEIGHBORING STATE WHEN HIS STATE HAS ENACTED A PROVISION SIMILAR TO THIS SECTION RELATING TO THE ARREST AND CUSTODY OF A PERSON PURSUED INTO A NEIGHBORING STATE.

POINT OF ORDER

Rep. OTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3993--POINT OF ORDER

The following Bill was taken up:

H. 3993 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3921--POINT OF ORDER

The following Bill was taken up:

H. 3921 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-172 SO AS TO PROVIDE THAT MOBILE DENTAL FACILITIES OR PORTABLE DENTAL OPERATIONS MUST BE REGISTERED WITH THE STATE BOARD OF DENTISTRY, TO PROVIDE REGISTRATION CRITERIA, AND TO ESTABLISH FACILITY OPERATION REQUIREMENTS.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4580--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4580 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO SUPERVISING LICENSEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3030, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. OTT made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4581--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4581 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO NURSE LICENSURE COMPACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3035, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 1036--POINT OF ORDER

The following Bill was taken up:

S. 1036 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 967 OF 1962, AS AMENDED, RELATING TO YORK COUNTY COMMISSION FOR TECHNICAL EDUCATION AS SECTIONS 59-53-1310, 59-53-1320, 59-53-1330, AND 59-53-1340 OF THE 1976 CODE TO BE CONTAINED IN ARTICLE 16, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED "YORK COMMISSION FOR TECHNICAL EDUCATION"; AND TO AMEND ARTICLE 16, CHAPTER 53 OF TITLE 59, RELATING TO THE YORK COMMISSION FOR TECHNICAL EDUCATION, SO AS TO ADD A MEMBER TO THE COMMISSION FROM CHESTER COUNTY AND A MEMBER FROM LANCASTER COUNTY, TO PROVIDE FOR THEIR APPOINTMENTS AND TERMS OF OFFICE; AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4575--MOTION TO RECONSIDER TABLED

The motion of Rep. OTT to reconsider the vote whereby the following House Resolution was adopted was taken up:

H. 4575 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4450, RELATING TO AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX REFORM, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, FEBRUARY 8, 2006, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4450 UNTIL SECOND READING OR OTHER DISPOSITION; AND TO SET BY SPECIAL ORDER H. 4449, RELATING TO STATUTORY PROPERTY TAX REFORM, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY AFTER SECOND READING SPECIAL ORDER CONSIDERATION OF H. 4450 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4449 UNTIL SECOND READING OR OTHER DISPOSITION; TO SET BY SPECIAL ORDER H. 4449 FOR THIRD READING OR OTHER CONSIDERATION ON THE NEXT LEGISLATIVE DAY IMMEDIATELY AFTER SECOND READING SPECIAL ORDER CONSIDERATION OF H. 4449 AND PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4449 UNTIL THIRD READING OR OTHER DISPOSITION; AND TO SET BY SPECIAL ORDER H. 4450 FOR THIRD READING OR OTHER CONSIDERATION IMMEDIATELY AFTER THIRD READING SPECIAL ORDER CONSIDERATION OF H. 4449 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4450 UNTIL THIRD READING OR OTHER DISPOSITION.

Rep. OTT spoke in favor of the motion to reconsider.

Rep. KENNEDY spoke in favor of the motion to reconsider.

Rep. COBB-HUNTER spoke in favor of the motion to reconsider.

Rep. EDGE spoke against the motion to reconsider.

Rep. COTTY spoke against the motion to reconsider.

Rep. MERRILL spoke against the motion to reconsider.

Rep. CHELLIS moved to table the motion to reconsider.

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

Yeas 74; Nays 39

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Ballentine             Bannister              Barfield
Bingham                Brady                  Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Edge                   Frye                   Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Hiott
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 Merrill                Owens
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            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               Viers
Walker                 White                  Whitmire
Witherspoon            Young

Total--74

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Bowers                 Branham
Breeland               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Emory
Funderburk             Govan                  Hayes
J. Hines               Hodges                 Hosey
Jefferson              Jennings               Kennedy
Mack                   McLeod                 Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rhoad                  Rice
Scott                  F. N. Smith            J. E. Smith
Vick                   Weeks                  Whipper

Total--39

So, the motion to reconsider was tabled.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

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

H. 4577 (Word version) -- Reps. Hodges, R. Brown and Bowers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE FUTURE BRIDGE THAT WILL CROSS THE COMBAHEE RIVER ALONG UNITED STATES HIGHWAY 17 IN COLLETON COUNTY "THE HARRIET TUBMAN BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE HARRIET TUBMAN BRIDGE."
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4520 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG HIGHWAY 19 THAT CROSSES SOUTH CAROLINA HIGHWAY 22 IN HORRY COUNTY THE "LEWIS A. SINGLETON BRIDGE" AND TO ERECT APPROPRIATE MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LEWIS A. SINGLETON BRIDGE".
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

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

H. 4597 (Word version) -- Reps. Miller, Haley, Agnew, Anderson, Ballentine, Bannister, Brady, Chalk, Funderburk, Hardwick, Hiott, Hodges, Jefferson, Mitchell, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Hamilton, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 701 IN GEORGETOWN COUNTY FROM ITS INTERSECTION WITH NORTH STREET TO ITS INTERSECTION WITH BROWNS FERRY ROAD "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" IN HONOR OF A BRAVE SON OF SOUTH CAROLINA WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.

Whereas, Airman First Class Carl Anderson, Jr., was the son of our colleague the Honorable Carl Anderson, Sr., and his wife Doris Anderson of Georgetown County; and

Whereas, he was a 2001 graduate of Georgetown High School who was voted most popular in his senior class, excelled in the high school's ROTC program, and joined the United States Air Force upon graduation; and

Whereas, Airman First Class Anderson made the ultimate sacrifice for his country when he was killed when his vehicle was destroyed by a homemade explosive near the City of Mosul in Iraq on August 29, 2004; and

Whereas, it is fitting and proper for the members of the General Assembly to pause in their deliberations to pay tribute to this son of South Carolina by having his memory preserved for all generations by having a portion of United States Highway 701 in his native State named in his honor. Now, therefore,

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

That the members of the General Assembly, by this resolution, request that the Department of Transportation name the portion of United States Highway 701 in Georgetown County from its intersection with North Street to its intersection with Browns Ferry Road the "Airman First Class Carl Anderson, Jr. Memorial Highway" in honor of a brave son of South Carolina who made the ultimate sacrifice while defending his country in Iraq.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

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

INTRODUCTION OF BILLS

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

H. 4598 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-230 SO AS TO PROVIDE A PENALTY FOR AN EMPLOYER WHO DOES NOT WITHHOLD WORKERS' COMPENSATION PAYMENTS FROM ILLEGAL ALIENS AND TO PROVIDE THAT THE ASSETS OF THE EMPLOYER TO BE SEIZED TO PAY THE FINE.
Referred to Committee on Labor, Commerce and Industry

H. 4599 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 42-11-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN IMPAIRMENT OR INJURY TO AN EMERGENCY MEDICAL SERVICE PERSONNEL RESULTING IN TOTAL OR PARTIAL DISABILITY, OR DEATH, IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT UNDER CERTAIN CONDITIONS.
Referred to Committee on Labor, Commerce and Industry

H. 4600 (Word version) -- Reps. Whipper, Moody-Lawrence, Martin, Duncan, Hayes, Howard, Jefferson, Loftis, Mack and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-75 SO AS TO PROVIDE THAT NO STUDENT ENROLLED IN GRADES 7-12 MAY BE RETAINED IN HIS PRESENT GRADE FOR THE NEXT SCHOOL YEAR EITHER AT HIS CURRENT SCHOOL OR AT ANOTHER SCHOOL OTHER THAN FOR ACADEMIC OR HEALTH REASONS WHICH ARE DOCUMENTED IN THE STUDENT'S INDIVIDUAL EDUCATION PLAN (IEP) OR IN OTHER RECORDS APPLICABLE TO THE STUDENT, AND TO PROVIDE THAT HEALTH REASONS DO NOT INCLUDE THOSE RELATING TO THE ATHLETIC ABILITIES OF THE STUDENT.
Referred to Committee on Education and Public Works

H. 4601 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 59-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT OF A TEACHER WHOSE IMMEDIATE FAMILY MEMBER SERVES ON THE BOARD OF TRUSTEES, SO AS TO INCLUDE SPOUSE IN THE DEFINITION OF IMMEDIATE FAMILY MEMBER.
Referred to Committee on Education and Public Works

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3028 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.

H. 3010--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration:

H. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 490--DEBATE ADJOURNED

Rep. MCLEOD moved to adjourn debate upon the following Bill until Tuesday, February 7, which was adopted:

S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.

SENT TO THE SENATE

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

H. 4429 (Word version) -- Reps. Townsend, Mitchell, Edge, J. E. Smith, Viers, Harrell, Clark, Clyburn, Littlejohn, Walker, Clemmons, Cooper, Barfield, Govan, Frye, Bailey, Huggins, Leach, Witherspoon, Anderson, Hardwick, Hiott, Rhoad, W. D. Smith, Miller, Altman, Anthony, Bales, Ballentine, Battle, Brady, Branham, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Davenport, Duncan, Hagood, Haley, Hamilton, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Howard, Jefferson, Kennedy, Limehouse, Loftis, Mahaffey, Martin, McCraw, McGee, Merrill, J. H. Neal, Ott, Perry, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Simrill, D. C. Smith, F. N. Smith, G. R. Smith, J. R. Smith, Thompson, Vick, White, Young, McLeod, Jennings, Tripp, Haskins and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-425 SO AS TO REVISE AND FURTHER PROVIDE FOR THE LENGTH OF THE SCHOOL TERM AND THE BEGINNING OF THE SCHOOL TERM, THE USE OF SCHOOL DAYS, AND PROVISIONS FOR MAKE-UP DAYS; AND TO REPEAL SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM, SECTION 59-1-430 RELATING TO MAKE-UP DAYS, AND SECTION 59-1-440 RELATING TO THE HOURS AND USE OF A SCHOOL DAY.

MOTION PERIOD

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

H. 4556--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4556 (Word version) -- Reps. Sinclair, Anthony, Mitchell, Davenport, Littlejohn, Mahaffey, Talley and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-323 SO AS TO PROVIDE THAT NO MORE THAN FIFTY PERCENT OF THE WASTE RECEIVED BY A REGIONAL SOLID WASTE LANDFILL IN SPARTANBURG COUNTY, INITIALLY PERMITTED AFTER JUNE 30, 2006, MAY BE GENERATED OUTSIDE OF SPARTANBURG COUNTY.

Rep. SINCLAIR explained the Bill.

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

Yeas 36; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Anthony
Bannister              Bowers                 J. Brown
Cato                   Chellis                Cooper
Cotty                  Davenport              Delleney
Hamilton               Haskins                Jefferson
Kirsh                  Leach                  Littlejohn
Mahaffey               McCraw                 McLeod
Miller                 Mitchell               J. H. Neal
Perry                  Pinson                 Sinclair
G. R. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Walker                 Weeks                  White

Total--36

Those who voted in the negative are:

Total--0

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

H. 4556--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4556 (Word version) be read the third time tomorrow.

Rep. FUNDERBURK 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. 4271 (Word version) -- Reps. Scott, Ballentine, J. H. Neal, Howard and Clark: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 20 IN LEXINGTON COUNTY FROM MILE MARKER 59 TO MILE MARKER 60 THE "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY".

H. 4376 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE SALUDA RIVER ALONG SOUTH CAROLINA HIGHWAY 20 IN ANDERSON AND GREENVILLE COUNTIES THE "HAROLD L. DRENNON, JR. MEMORIAL BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HAROLD L. DRENNON, JR. MEMORIAL BRIDGE".

H. 4408 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 26 AND REIDVILLE ROAD IN SPARTANBURG COUNTY THE "PFC MICHAEL SCOTT ADAMS MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PFC MICHAEL SCOTT ADAMS MEMORIAL BRIDGE" IN HONOR OF A BRAVE AMERICAN SOLDIER WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.

H. 4413 (Word version) -- Reps. Hiott, Rice, Owens and Skelton: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 178 AND SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY THE "WOODROW BEAL 'WOODIE' CHASTAIN BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "WOODROW BEAL 'WOODIE' CHASTAIN BRIDGE" AS A LASTING MEMORIAL TO THIS SON OF SOUTH CAROLINA WHO MADE THE ULTIMATE SACRIFICE IN DEFENSE OF HIS COUNTRY DURING THE VIETNAM WAR.

H. 4451 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE SEPTEMBER 2, 2006, AS THE BEACH, BOOGIE AND BARBEQUE FESTIVAL TO BE HELD AT THE MYRTLE BEACH AIR FORCE BASE IN HORRY COUNTY AND DECLARE THE EVENT AS AN OFFICIAL BARBEQUE CHAMPIONSHIP IN SOUTH CAROLINA.

H. 4476 (Word version) -- Reps. Simrill, Delleney, Kirsh, Lucas, McCraw, Moody-Lawrence, J. M. Neal, Norman and Funderburk: A CONCURRENT RESOLUTION TO EXPRESS THE OPPOSITION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE INTERBASIN TRANSFER REQUEST BY THE CITIES OF CONCORD AND KANNAPOLIS, NORTH CAROLINA, TO REMOVE WATER FROM THE CATAWBA RIVER BASIN.

H. 4562 (Word version) -- Rep. Bannister: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE THE MAULDIN HIGH SCHOOL CROSS COUNTRY TEAM ON ITS IMPRESSIVE WIN OF THE 2005 AAAA STATE CROSS COUNTRY CHAMPIONSHIP AND TO HONOR THE RUNNERS AND THEIR COACH, DELMER HOWELL, ON AN EXCEPTIONAL SEASON.

H. 4563 (Word version) -- Rep. Bannister: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE THE J. L. MANN HIGH SCHOOL BOYS SWIM TEAM FOR ITS IMPRESSIVE 2005 AAA STATE SWIMMING CHAMPIONSHIP AND TO HONOR THE SWIMMERS AND THEIR COACH, KATIE COBB, ON AN EXCEPTIONAL SEASON.

H. 4566 (Word version) -- Rep. Bannister: A CONCURRENT RESOLUTION TO CONGRATULATE THE MAULDIN HIGH SCHOOL CHEERLEADING TEAM OF GREENVILLE COUNTY ON ITS IMPRESSIVE 2005 STATE CLASS AAAA CHAMPIONSHIP TITLE AND TO HONOR THE CHEERLEADERS AND THEIR COACHES BETTY MITCHELL, BETH WARD, AND SCOTT FOSTER ON AN EXCEPTIONAL SEASON.

H. 4573 (Word version) -- Reps. Harrell, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO DIRECT THAT THE FLAGS OVER THE STATEHOUSE DOME BE FLOWN AT HALF-STAFF IN HONOR OF AND IN DEEPEST RESPECT FOR CORETTA SCOTT KING, BELOVED WIDOW OF MARTIN LUTHER KING, JR., ON THE DAY OF HER FUNERAL.

ADJOURNMENT

At 11:42 a.m. the House, in accordance with the motion of Rep. CATO, adjourned in memory of William E. Branyon of Gowensville, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Wednesday, June 24, 2009 at 9:41 A.M.