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

Thursday, March 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 119:10: "I see you with all my heart; do not let me stray from your commands."
Let us pray. Grant these Representatives, staff and those who labor for the good of this State, the perseverance, character and hope to carry the responsibility assigned them. May they do their task with joy and pleasure as they serve others. Bless our Nation, President, State, Governor and leaders. Keep our defenders of freedom in Your safe 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. J. E. SMITH moved that when the House adjourns, it adjourn in memory of Joseph Edward Childs of Greenville, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 1, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1026:

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 AND TO APPROPRIATE FROM THE SAME SOURCE $13,094,604 TO THE STATE DEPARTMENT OF EDUCATION FOR PARTS AND FUEL FOR THE SCHOOL BUS FLEET.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.

Very respectfully,
President
Received as information.

COMMITTEE REASSIGNMENT
OFFICE OF THE SPEAKER OF THE
HOUSE OF REPRESENTATIVES

The following was received:

March 1, 2006
The Honorable Nathan Ballentine
South Carolina House of Representatives
1108 Belfair Way
Irmo, S.C. 29063

Dear Representative Ballentine:

It is with pleasure that I reassign you to serve on the Education and Public Works Committee. I know that you will serve this committee with honor and distinction.

I appreciate your willingness to serve in this capacity. Please do not hesitate to contact me if I may be of assistance to you in any way.

Sincerely,
Robert W. Harrell, Jr.
Speaker of the House

Received as information.

COMMITTEE APPOINTMENT
OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

The following was received:

March 1, 2006
The Honorable Cathy B. Harvin
South Carolina House of Representatives
Box 266
Summerton, S.C. 29148

Dear Representative Harvin:

It is with pleasure that I appoint you to serve on the Medical, Military, Public and Municipal Affairs Committee, effective March 1, 2006. I know that you will serve this committee with honor and distinction.

I appreciate your willingness to serve in this capacity. Please do not hesitate to contact me if I may be of assistance to you in any way.

Sincerely,
Robert W. Harrell, Jr.
Speaker of the House

Received as information.

REPORTS OF STANDING COMMITTEE

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

H. 4688 (Word version) -- Reps. Barfield, Clemmons and Harrell: A HOUSE RESOLUTION TO COMMEND TAIWAN ON ITS CONTRIBUTIONS TO THE GLOBAL ECONOMY AND THE PROMOTION OF WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND TO SUPPORT A FREE TRADE AGREEMENT WITH THE UNITED STATES AND ITS EFFORTS TO JOIN THE UNITED NATIONS, WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.
Ordered for consideration tomorrow.

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

H. 4665 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE LITTLE RIVER ALONG SOUTH CAROLINA HIGHWAY 72 IN LAURENS COUNTY THE "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE" IN HONOR OF THE LITTLE RIVER REGIMENT WHICH WAS A GATHERING OF PATRIOTS OF THE OLDE 96 DISTRICT DURING THE AMERICAN REVOLUTIONARY WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE".
Ordered for consideration tomorrow.

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

H. 4718 (Word version) -- Reps. Limehouse, Umphlett, Hagood, Merrill, Jefferson, Ceips, Dantzler, Haley, Neilson, Scarborough and Hinson: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.
Ordered for consideration tomorrow.

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

H. 4685 (Word version) -- Reps. Jefferson, Hinson, Limehouse and Merrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE IN BERKELEY COUNTY THAT FORMS THE BOUNDARY BETWEEN LAKE MARION AND LAKE MOULTRIE ALONG SOUTH CAROLINA HIGHWAY 45 THE "AMOS NATHANIEL ROGERS BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "AMOS NATHANIEL ROGERS BRIDGE".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 1109 (Word version) -- Senator Cleary: 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.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4741 (Word version) -- Rep. Leach: A HOUSE RESOLUTION TO HONOR KRISTEN LAFFLER OF GREENVILLE COUNTY FOR HER OUTSTANDING CONTRIBUTIONS TO HER COMMUNITY IN VOLUNTEERISM, AND TO CONGRATULATE HER FOR RECEIVING A PRESTIGIOUS PRUDENTIAL SPIRIT OF COMMUNITY AWARD IN RECOGNITION OF THE WORK SHE HAS DONE IN BENEFITING THE LIVES OF OTHERS.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4742 (Word version) -- Reps. Rutherford, 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, Harrell, Harrison, Harvin, 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, 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 HOUSE RESOLUTION TO DECLARE TUESDAY, MARCH 7, 2006 AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.

Whereas, the Educational Talent Search Program at the University of South Carolina encourages middle school and high school students to complete their secondary education and to pursue completion of post-secondary degrees; and

Whereas, the Educational Talent Search Program serves to prepare students of tomorrow with skills and knowledge to become productive and contributing members of society; and

Whereas, a key component of student success is the use of etiquette and decorum that allows students to respond appropriately in familiar and unfamiliar situations and helps them build self-confidence and self-esteem; and

Whereas, the eighth grade curriculum focuses on etiquette during the month of February, and this year culminates with an etiquette luncheon on Tuesday, March 7, 2006, designed to provide students an opportunity to implement what they have learned in a practical setting; and

Whereas, the lessons learned by these students are lessons that all South Carolinians would benefit from learning. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, declare Tuesday, March 7, 2006, as "Etiquette Day in South Carolina" and commend the University of South Carolina's Educational Talent Search Program and its participants for their outstanding achievements and progress in becoming productive citizens.

Be it further resolved that a copy of this resolution be forwarded to Dr. Paul L. Beasley, Director of TRIO Programs at the University of South Carolina.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4743 (Word version) -- Reps. Clark, Cotty, Pinson, Witherspoon, Parks, Martin, Moody-Lawrence, Brady, J. Brown, Emory, Herbkersman, J. Hines, Hodges, Hosey, Jefferson and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-137 SO AS TO PROVIDE THAT THE MILEAGE REIMBURSEMENT ALLOWED A STATE EMPLOYEE USING THE EMPLOYEE'S PERSONAL VEHICLE WHILE ON OFFICIAL BUSINESS MUST NOT BE LESS THAN THE STANDARD BUSINESS MILEAGE RATE ESTABLISHED BY THE INTERNAL REVENUE SERVICE AND TO PROVIDE THE MANNER IN WHICH THIS REIMBURSEMENT APPLIES AND EXCEPTIONS TO THIS REIMBURSEMENT.
Referred to Committee on Ways and Means

H. 4744 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM PROPERTY TAX NOT MORE THAN TWO MOTOR VEHICLES OWNED OR LEASED BY A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED.
Referred to Committee on Ways and Means

H. 4745 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 37-5-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES, SO AS TO CORRECT CROSS-REFERENCES TO THE UNIFORM COMMERCIAL CODE.
Referred to Committee on Judiciary

H. 4746 (Word version) -- Reps. Jefferson, Hosey, Whipper, Anderson, J. Brown, Clyburn, Govan, J. Hines, Hodges, Kennedy, Leach, Littlejohn, Mitchell, Parks and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-221 SO AS TO MAKE IT UNLAWFUL TO TAKE OR POSSESS MORE THAN TWO STRIPED BASS (ROCKFISH) PER DAY IN LAKE MARION, LAKE MOULTRIE, AND THE DIVERSION CANAL, TO PROVIDE THAT NO SIZE LIMITS APPLY TO THIS TWO-FISH LIMIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-13-222 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, THE DEPARTMENT OF NATURAL RESOURCES SHALL INCREASE THE NUMBER OF STRIPED BASS FRY STOCKED ANNUALLY IN LAKE MARION AND LAKE MOULTRIE, BY AT LEAST TEN PERCENT A YEAR FOR A PERIOD OF FIVE CONSECUTIVE YEARS; TO AMEND SECTION 50-13-220, AS AMENDED, RELATING TO DAILY CATCH LIMITS OF FIVE STRIPED BASS IN CERTAIN WATERS OF THIS STATE, SO AS TO DELETE LAKE MARION, LAKE MOULTRIE, AND DIVERSION CANAL FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 50-13-230, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO REVISE STRIPED BASS LIMITS, SO AS TO INCLUDE SECTION 50-13-221 WITHIN THIS SECTION; AND TO AMEND SECTION 50-13-235, AS AMENDED, REQUIRING STRIPED BASS TAKEN FROM CERTAIN WATERS TO BE AT LEAST TWENTY-ONE INCHES IN SIZE, SO AS TO DELETE LAKE MARION AND LAKE MOULTRIE FROM THE PROVISIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4749 (Word version) -- Reps. Townsend and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SUPPORT OUR TROOPS SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

H. 4750 (Word version) -- Reps. Young, Cobb-Hunter and Simrill: A BILL TO AMEND SECTION 56-5-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WEIGHING OF VEHICLES AND THEIR LOADS, THE UNLOADING OF EXCESS WEIGHT FROM A VEHICLE, AND PENALTIES ASSOCIATED WITH THE OPERATION OF A VEHICLE WHICH IS CARRYING EXCESS WEIGHT, SO AS TO REVISE THE FINES ASSOCIATED WITH THE OPERATION OF A VEHICLE WHICH IS CARRYING EXCESS WEIGHT, TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO MOTOR VEHICLES OPERATING OPEN TOP TRAILERS USED FOR HAULING RECYCLABLES, SCRAP, AND WASTE MATERIALS FROM SITES WITHOUT FACILITIES FOR WEIGHING, LIMIT THE NUMBER OF CITATIONS AND FINES A MOTOR VEHICLE OPERATOR MAY BE ISSUED FOR VIOLATING BOTH GROSS AND AXLE LIMITS, TO PROVIDE THAT A FINE MAY BE ISSUED FOR A VIOLATION OF THE VEHICLE REGISTRATION STATUTES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FINES FOR OPERATING A VEHICLE WITH OUT-OF-SERVICE VIOLATIONS, TO REVISE THE NAME OF THE CITATION THAT MAY BE ISSUED PURSUANT TO THIS SECTION, TO INCREASE THE AMOUNT OF TIME A PERSON MAY PAY A FINE BEFORE ASSESSMENTS MAY BE ADDED TO THE FINE, TO DELETE THE PROVISION THAT REQUIRES A FINE TO BE RETURNED PROMPTLY WHEN THERE IS NO CONVICTION FOR A VIOLATION, TO PROVIDE THAT FINES COLLECTED PURSUANT TO THIS SECTION MAY BE USED TO HIRE STATE TRANSPORT POLICE OFFICERS, PURCHASE EQUIPMENT FOR THE OFFICERS, AND FUND COMMERCIAL MOTOR VEHICLE SAFETY PROGRAMS, TO PROVIDE THAT THE LICENSE AND REGISTRATION OF A VEHICLE FOUND TO VIOLATE SECTION 58-23-1120 AND CERTAIN REGULATIONS MUST BE SUSPENDED PURSUANT TO THIS SECTION UNDER CERTAIN CIRCUMSTANCES, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT ISSUANCE OF A UNIFORM CITATION FOR A VIOLATION OF SECTION 58-23-1120 AND CERTAIN REGULATIONS CONSTITUTES NOTICE TO CERTAIN PERSONS OF A VIOLATION, TO PROVIDE A FINE FOR FAILURE TO COMPLY WITH CERTAIN PROVISIONS OF THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS, AND TO PROVIDE A PENALTY FOR CERTAIN PERSONS WHO FAIL TO PERMIT STATE TRANSPORT POLICE OFFICIALS FROM EXAMINING THEIR PROPERTY.
Referred to Committee on Education and Public Works

CONCURRENT RESOLUTION

The following was introduced:

H. 4747 (Word version) -- Reps. Funderburk, Harrison, 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, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, 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 CONGRATULATE REGINALD I. LLOYD OF KERSHAW COUNTY UPON HIS HISTORIC APPOINTMENT AS UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA AND TO HONOR HIM FOR HIS CONTINUED COMMITMENT OF SERVICE TO THE STATE.

Whereas, it is appropriate to recognize the accomplishments of South Carolinians who are willing to dedicate their time, talents, and energy in service to their State and nation; and

Whereas, Reginald I. Lloyd of Kershaw County is one such South Carolinian who has committed so much of his life to public service making him deserving of our state's respect and admiration; and
Whereas, in December of 2005 and upon the recommendation of Senator Lindsey Graham, President Bush nominated the then state circuit court judge to be the next United States Attorney for South Carolina. Mr. Lloyd was unanimously supported for the position as the state's top federal prosecutor by the Senate Judiciary Committee and was then approved by the United States Senate in February of 2006; and

Whereas, as United States Attorney for South Carolina, Mr. Lloyd is responsible for prosecuting criminal cases brought by the federal government, prosecuting and defending civil cases in which the United States is a party, and collecting certain debts owed to the federal government; and

Whereas, at thirty-nine years of age, this humble yet brilliant young man became the state's first black United States Attorney to serve permanently since Reconstruction; and

Whereas, a Camden native, he graduated from Camden High School in 1985, from Winthrop University in 1989, and from the University of South Carolina School of Law in 1993; and

Whereas, his multi-dimensional legal career includes working for the South Carolina Attorney General's Office and serving as Chief Counsel and Director of Research to the South Carolina House Judiciary Committee. He was elected to an at-large judicial seat in 2003 and served as a circuit court judge until his appointment as United States Attorney for South Carolina; and

Whereas, this talented and gregarious attorney is described by United States Senator Lindsey Graham, Congressman Joe Wilson, and Attorney General Henry McMaster as a person who has impeccable legal credentials and is respected by Democrats and Republicans in Washington and at home, who brings a wealth of experience in private practice and government to the position, who has extensive judicial knowledge and unquestionable integrity, and who is certainly an outstanding and talented son of South Carolina; and

Whereas, Mr. Lloyd not only sets a fine example of public service for attorneys and South Carolinians in general, but he also is the devoted father of Will Lloyd and the loving husband of Melissa Lloyd. No stranger to public service in her own right, Melissa Lloyd has dedicated her life to the education of the children of Kershaw County. She taught for years before moving into school administration and currently devotes her considerable talent and energies to Lugoff Elementary School where she serves as principal; and

Whereas, it is with great pride that the members of the South Carolina General Assembly pause to congratulate Reginald I. Lloyd who took office on February 27, 2006, as the first African-American in modern times to permanently hold the position of United States Attorney for South Carolina. His many friends and colleagues in the South Carolina General Assembly and the legal community are pleased to express their delight in his latest endeavor. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, congratulate Reginald I. Lloyd of Kershaw County upon his historic appointment as United States Attorney for the District of South Carolina and honor him for his continued commitment of service to the State.

Be it further resolved that a copy of this resolution be forwarded to Reginald I. Lloyd, United States Attorney for South Carolina.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4748 (Word version) -- Reps. F. N. Smith, 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, Harrell, Harrison, Harvin, 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, 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 COMMEND THE REVEREND ROY NELSON PEA OF CAPITAL HEIGHTS, MARYLAND, AND FORMERLY OF SOUTH CAROLINA, FOR A LIFETIME OF SERVICE TO HIS FELLOW MAN AND ESPECIALLY TO THOSE LESS FORTUNATE THROUGH COUNTLESS ACTS OF KINDNESS AND SERVICE.

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

CONCURRENT RESOLUTION

The following was introduced:

S. 1173 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MARCH 22, 2006, AS "CREATING SOLUTIONS FOR DISABILITIES DAY" TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 22, 2006, AT WHICH TIME THE STATE EASTER SEAL AND "BUCK-A-CUP" REPRESENTATIVES WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
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. 1204 (Word version) -- Senators Grooms, Pinckney and Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND CELEBRATE THE 300TH ANNIVERSARY OF ST. BARTHOLOMEW PARISH, LATER KNOWN AS COLLETON COUNTY, ON MARCH 3, 2006, AND TO EXTEND TO ALL THE OFFICIALS PARTICIPATING IN THIS CELEBRATION AN APPRECIATION FOR THEIR PART IN PLANNING THIS WONDROUS OCCASION.

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:

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

STATEMENT OF ATTENDANCE

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

Paul Agnew                        Creighton Coleman
Daniel Tripp                      Becky Martin
William Bowers                    Carl Anderson
Bessie Moody-Lawrence             Todd Rutherford
Jesse Hines                       Jackson "Seth"  Whipper
Bill Cotty                        Harold Mitchell
Jerry Govan

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a leave of absence for the day due to family medical reasons.

STATEMENT OF ATTENDANCE

Rep. HOWARD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 1.

DOCTOR OF THE DAY

Announcement was made that Dr. Stanley Baker of Greenwood is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4738 (Word version) -- Rep. Coleman: A BILL TO AMEND ACT 1079 OF 1958, RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, SO AS TO INCREASE THE SIZE OF THE COMMISSION FROM FIVE MEMBERS TO SEVEN MEMBERS AND TO REVISE THE METHOD OF THEIR APPOINTMENT.

H. 4421--POINT OF ORDER

The following Bill was taken up:

H. 4421 (Word version) -- Reps. Chellis, Young, Bailey, Harrell, Harrison and Miller: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY ALCOHOLIC BEVERAGE PERMITS UPON A FAVORABLE REFERENDUM VOTE, SO AS TO PROVIDE THAT TEMPORARY PERMITS FOR THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AUTHORIZED TO BE ISSUED IN A COUNTY OR MUNICIPALITY PURSUANT TO THE REFERENDUM PROVIDED FOR AT THAT TIME MAY CONTINUE TO BE ISSUED OR REISSUED WITHOUT THE REQUIREMENT OF A FURTHER REFERENDUM.

POINT OF ORDER

Rep. HAMILTON 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. 137--POINT OF ORDER

The following Bill was taken up:

S. 137 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 20-7-420 OF THE 1976 CODE, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER THAT CUSTODY OF A MINOR CHILD BE AWARDED TO THE CHILD'S DE FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, TO DEFINE "DE FACTO CUSTODIAN" AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OF A MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.

POINT OF ORDER

Rep. HARRISON 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.

MOTION PERIOD

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

H. 4595--DEBATE ADJOURNED

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

H. 4595 (Word version) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Bales, Ballentine, 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.

Rep. COBB-HUNTER moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 10:25 a.m. the House, in accordance with the motion of Rep. J. E. SMITH, adjourned in memory of Joseph Edward Childs of Greenville, to meet at 10:00 a.m. tomorrow.

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