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 Isaiah 65:16: "Whoever invokes a blessing in the land will do so by the God of truth; he who takes an oath in the land will swear by the God of truth."
Let us pray. O God of power and might, give strength and comfort to these Representatives as trying situations arise, as they will be tempted, misjudged, and badgered by callous people who have total disregard for or envy of the successes resulting from hard work. Defend them and hold them up and let them know of Your presence. Lead them, guide and support them by Your love. Bless our Nation, our President, our State and her leaders. Keep safe our defenders of freedom. O Lord, hear our prayer, Amen.

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

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

Rep. W. D. SMITH moved that when the House adjourns, it adjourn in memory of former Representative Roy McBee Smith of Spartanburg, which was agreed to.

The House stood in silent prayer for Laura Clemmons, wife of Representative Alan Clemmons, who was injured in an accident.

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

H. 4046 (Word version) -- Reps. Townsend and Clark: 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.
Ordered for consideration tomorrow.

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

H. 4406 (Word version) -- Reps. Townsend, Anthony, Breeland, J. Brown, Whipper, Walker, Scott, Littlejohn, Cobb-Hunter, Bales, Cotty, Anderson, McLeod, R. Brown, Frye, Harrell, Huggins, Battle, Rivers, Miller, Lucas, Clark, Altman, Agnew, Ballentine, Bowers, Brady, Branham, Ceips, Chellis, Clyburn, Coleman, Emory, Funderburk, Haley, Harrison, Hayes, J. Hines, Hiott, Hosey, Howard, Jefferson, Jennings, Kennedy, Kirsh, Mack, Martin, McCraw, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, E. H. Pitts, Rhoad, Rice, Rutherford, Scarborough, F. N. Smith, G. R. Smith, J. E. Smith, Vick, Weeks, Whitmire, Hodges, Mitchell, Hagood, Taylor, Skelton, Hinson, Young, Cooper, Bailey, Loftis and Govan: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2013.
Ordered for consideration tomorrow.

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

S. 947 (Word version) -- Senators Courson, Hayes, Matthews, Setzler, Lourie, Short, Fair, Leventis, Land, Alexander, Ford, Gregory, O'Dell, Malloy, Moore, McConnell, J. V. Smith, Sheheen, McGill, Knotts, Cleary, Richardson, Jackson, Patterson and Hutto: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA

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

H. 3414 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 7-15-220, 7-15-380, AS AMENDED, 7-15-385, AS AMENDED, AND 7-15-420, AS AMENDED, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE SIGNATURE OR MARK OF AN ABSENTEE APPLICANT BE WITNESSED.
Ordered for consideration tomorrow.

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

H. 4521 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ILLEGAL SALE AND PURCHASE OF TOBACCO ACT OF 2006", TO AMEND SECTION 16-17-500, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE DISTRIBUTION OR PURCHASE FOR A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT, TO PROVIDE THAT A PERSON MAY NOT SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT UPON DEMAND PROPER PROOF OF AGE, TO PROVIDE THAT INDIVIDUALS LESS THAN TWENTY-ONE YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR PRESENT OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO PROVIDE THAT IT IS UNLAWFUL FOR AN INDIVIDUAL UNDER THE AGE OF TWENTY-ONE TO POSSESS A TOBACCO PRODUCT, TO REVISE THE PENALTIES FOR

H. 4522 (Word version) -- Reps. Hardwick, Miller, Anderson, Barfield, Clemmons, Edge, Hayes, Viers and Witherspoon: 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.
On motion of Rep. MILLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4523 (Word version) -- Rep. Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-324 SO AS TO PROHIBIT SITING A SOLID WASTE LANDFILL WITHIN FIVE HUNDRED YARDS OF A COUNTY LINE.
Rep. DUNCAN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4525 (Word version) -- Reps. Barfield, Vick, G. Brown, Jefferson, Walker, Haley, Clark, Coleman, J. H. Neal, Whitmire, Hinson, Vaughn, J. Hines, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Battle, Bingham, Bowers, Brady, Branham, J. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Coates, Cooper, Dantzler, Davenport, Duncan, Edge, Emory, Hagood, Hamilton, Hardwick,

H. 4526 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, D. C. Smith, Stewart and Clark: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. J. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

S. 800 (Word version) -- Senators Sheheen and Hawkins: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO TWO HUNDRED DOLLARS AND PROVIDE FOR A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IF INJURY TO A CHILD RESULTS FROM A VIOLATION.
Referred to Committee on Judiciary

S. 1024 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN GREENVILLE COUNTY'S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.
On motion of Rep. VAUGHN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

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

H. 4524 (Word version) -- Rep. Skelton: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MANY MUNICIPAL OFFICIALS OF THE STATE OF SOUTH CAROLINA FOR THEIR OUTSTANDING CONTRIBUTIONS TO THE COMMUNITIES THEY SERVE AND TO DECLARE WEDNESDAY, FEBRUARY 22, 2006, "SOUTH CAROLINA HOMETOWN DAY" IN REMEMBRANCE OF ALL THEY HAVE DONE.

Whereas, 1,584 mayors and council members see to the creation and implementation of policies and procedures to assure that citizens of each municipality get what they need on a daily basis; and

Whereas, over 17,000 hardworking, dedicated employees of the 268 statewide municipalities come to work each day to give of themselves in various capacities, united under a common goal of carrying out those policies and procedures to provide help and stability to their neighbors; and

Whereas, municipalities provide essential services such as law enforcement, fire protection, health and sanitation, recreation, and growth and development controls to protect and enhance the quality of life for all South Carolinians; and

Whereas, municipalities are aptly considered economic engines of the State, as they drive the economy of their immediate regions; and

Whereas, financially sound and economically strong municipalities are essential to the health and wellbeing of the State; and

Whereas, it is estimated that over 1,000,000 people reside in urbanized areas surrounding incorporated municipalities, and 1,400,000 South Carolinians live within municipalities; and

Whereas, municipalities, large and small, are considered home for their residents, providing a sense of place and spirit of community to all within and around municipal boundaries; and

Whereas, it is important to recognize municipalities and their officials for the many ways in which they shape their respective communities. Now, therefore,

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

Be it further resolved that a copy of this resolution be forwarded to Elouise James, 2006 President of the Municipal Association of South Carolina.

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

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

H. 4527 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE CHEERLEADERS, COACHES, AND SCHOOL OFFICIALS OF THE CHAPIN HIGH SCHOOL CHEERLEADING TEAM ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON THEIR 2005-2006 STATE CLASS AAA CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the cheerleaders, coaches, and school officials of the Chapin High School Cheerleading Team on a date and at a time to be determined by the Speaker to congratulate them on their 2005-2006 State Class AAA Championship Title.

The Resolution was adopted.

The following was introduced:

H. 4528 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPIN HIGH SCHOOL CHEERLEADING TEAM OF LEXINGTON COUNTY ON ITS

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

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

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             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               Delleney
Duncan                 Emory                  Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
Miller                 Mitchell               J. M. Neal
Norman                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. 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
Talley                 Taylor                 Thompson

Toole                  Tripp                  Umphlett
Vaughn                 Viers                  Walker
Weeks                  White                  Witherspoon
Young

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

Denny Neilson                     Lanny Littlejohn
Michael A. Pitts                  James Merrill
Ralph Davenport                   Tracy Edge
William Bowers                    H. B. "Chip" Limehouse
James E. Stewart                  William R. "Bill" Whitmire
Bessie Moody-Lawrence             Joseph Neal
Walton McLeod                     Jackson "Seth"  Whipper
Ronald Townsend                   Jerry Govan
Bill Cotty

The SPEAKER granted Rep. COLEMAN a leave of absence for the day due to a court hearing in York County.

Rep. GOVAN 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, January 25.

Announcement was made that Dr. Gregory Tarasideis of Greenwood is the Doctor of the Day for the General Assembly.

Rep. PERRY and the Aiken Delegation presented to the House the University of South Carolina-Aiken "Pacers" Golf Team, the Division II Champions, their coach and other school officials.

In accordance with House Rule 5.2 below:

"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/26/06   G. M. SMITH

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/26/06   TOWNSEND

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/26/06   TRIPP

Bill Number:   H. 3685 (Word version)
Date:   ADD:
01/26/06   MAHAFFEY

Bill Number:   H. 4317 (Word version)
Date:   ADD:
01/26/06   BALES

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/26/06   HUGGINS

Bill Number:   H. 4430 (Word version)
Date:   ADD:
01/26/06   R. BROWN

Bill Number:   H. 4476 (Word version)
Date:   ADD:
01/26/06   FUNDERBURK

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/26/06   R. BROWN

Bill Number:   H. 4510 (Word version)
Date:   ADD:
01/26/06   J. E. SMITH

Bill Number:   H. 4510 (Word version)
Date:   ADD:
01/26/06   RHOAD

Bill Number:   H. 4510 (Word version)
Date:   ADD:
01/26/06   HODGES

Bill Number:   H. 4510 (Word version)
Date:   ADD:
01/26/06   RIVERS

Bill Number:   H. 4510 (Word version)
Date:   ADD:
01/26/06   AGNEW

Bill Number:   H. 4510 (Word version)
Date:   ADD:
01/26/06   OTT

Bill Number:   H. 4510 (Word version)
Date:   ADD:
01/26/06   HOSEY

Bill Number:   H. 4510 (Word version)
Date:   ADD:
01/26/06   WHIPPER

Bill Number:   H. 4510 (Word version)
Date:   ADD:
01/26/06   BRADY

Bill Number:   H. 4531 (Word version)
Date:   ADD:
01/26/06   HARDWICK

Bill Number:   H. 4489 (Word version)
Date:   REMOVE:
01/26/06   TALLEY

Bill Number:   H. 3062 (Word version)
Date:   REMOVE:
01/26/06   TOOLE

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

H. 4485 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE BOARD OF FIRE CONTROL FROM TWENTY THOUSAND DOLLARS TO THREE HUNDRED THOUSAND DOLLARS.

H. 4494 (Word version) -- Reps. Hosey and Rhoad: A BILL TO CREATE THE BARNWELL COUNTY BOARD OF ELECTION AND REGISTRATION AND TO ABOLISH THE BARNWELL COUNTY BOARD OF VOTER REGISTRATION AND THE BARNWELL COUNTY ELECTION COMMISSION.

H. 4328 (Word version) -- Reps. Walker, Townsend, Anthony, Clark, J. Hines, J. H. Neal, Owens, E. H. Pitts, D. C. Smith, M. A. Pitts, Bailey, Littlejohn, Clyburn, Toole, Bannister and Loftis: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY

I would have voted in favor of H. 4328. I had to leave the Chamber prior to the vote.

Rep. Mike Anthony

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

S. 868 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO RECOGNITION OF THE 2001 CSO MORTALITY TABLE FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES AND NONFORFEITURE BENEFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2978, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BINGHAM explained the Joint Resolution.

H. 4331 (Word version) -- Reps. Scarborough, Brady, Vaughn, Altman and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-13 SO AS TO PROHIBIT A PERSON FROM ACCEPTING MORE THAN ONE NOMINATION FOR THE SAME OFFICE.

Rep. SCARBOROUGH explained the Bill.

H. 4387 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-137 SO AS TO REQUIRE AN ELECTED OR APPOINTED MEMBER OF A POLITICAL SUBDIVISION OF THIS STATE BE PHYSICALLY PRESENT AT A MEETING WHEN HIS VOTE IS CAST.

Rep. ALTMAN explained the Bill.

S. 185 (Word version) -- Senators Martin, McConnell, Alexander, Ford, Bryant and Knotts: A BILL TO AMEND SECTION 7-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; AND TO AMEND SECTION 7-13-320, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COMBINING THE

Rep. TALLEY explained the Bill.

H. 3166 (Word version) -- Reps. Taylor, Leach, Vaughn, Bailey, Scarborough and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-53 SO AS TO REQUIRE THE EXECUTIVE COMMITTEE OF A POLITICAL PARTY TO NAME A REPLACEMENT CANDIDATE AS SOON AS POSSIBLE AND TO PROVIDE IF THE REPLACEMENT CANDIDATE IS NOT NAMED WITHIN THIRTY DAYS, THE PARTY IS PROHIBITED FROM NAMING A REPLACEMENT CANDIDATE FOR THAT OFFICE.

Rep. TALLEY explained the Bill.

H. 3594 (Word version) -- Reps. Hagood, Altman, Battle, Delleney, Littlejohn, Scarborough and G. R. Smith: A BILL TO AMEND SECTION 4-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR THE COMMENCEMENT OF TERMS OF COUNTY OFFICERS, SO AS TO CLARIFY WHEN THE TERMS OF OFFICE BEGIN AND END AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO THOSE OFFICERS WHOSE TERMS OF OFFICE ARE SET BY ANOTHER PROVISION OF LAW.

Rep. HAGOOD explained the Bill.

On motion of Rep. BINGHAM, with unanimous consent, it was ordered that S. 868 (Word version) be read the third time tomorrow.

On motion of Rep. SCARBOROUGH, with unanimous consent, it was ordered that H. 4331 (Word version) be read the third time tomorrow.

On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 4387 (Word version) be read the third time tomorrow.

On motion of Rep. TALLEY, with unanimous consent, it was ordered that S. 185 (Word version) be read the third time tomorrow.

On motion of Rep. TALLEY, with unanimous consent, it was ordered that H. 3166 (Word version) be read the third time tomorrow.

On motion of Rep. HAGOOD, with unanimous consent, it was ordered that H. 3594 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 4404 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 9 TO CHAPTER 49, TITLE 33 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 19 TO CHAPTER 27,

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3571DW06), which was adopted:
Amend the bill, as and if amended, page 7, Section 5-31-2540(E), SECTION 1, by inserting at the end on line 11:
/ For a customer with a permanent medical condition, the customer shall submit a renewed medical certificate annually in order to continue to be registered as a special needs customer. /
When amended subsection (E) reads:
/ Unless the medical certificate submitted with the application for the Winter Protection Program indicates the customer's medical condition is permanent, the certificate is effective only for thirty, sixty, ninety, or one hundred twenty-day periods as indicated on the certificate. After this effective period, the customer is required to submit a renewed medical certificate in order to continue to be registered as a Winter Protection Program customer. For a customer with a permanent medical condition, the customer shall submit a renewed medical certificate annually in order to continue to be registered as a special needs customer. /
Amend further, page 10, line 40, Section 5-31-2570, SECTION 1, by deleting the / (A) / before / This /; and page 11, lines 1 through 3, by deleting subsection (B) in its entirety.
When amended the section reads:

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

Reps. RICE and OWENS, with unanimous consent, proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\ 3778DW06), which was tabled:
Amend the bill, as and if amended, Section 5-31-2530(C)(1), SECTION 1, page 4, line 41, by inserting / annually / after /application/.
Amend further, Section 33-49-830(C)(1), SECTION 2, page 13, line 19, by inserting
/ annually / after /application/.
Amend further, Section 58-27-2530(C)(1), SECTION 3, page 21, line 21, by inserting
/ annually/ after /application/.
Amend further, Section 58-31-630(C)(1), SECTION 4, page 30, line 1, by inserting
/ annually / after /application/.
Renumber sections to conform.
Amend title to conform.

Rep. OWENS explained the amendment.

Rep. J. H. NEAL spoke against the amendment.

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

The Bill, as amended, was read the third time and ordered sent to the Senate.

The following Concurrent Resolution was taken up:

H. 4470 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 78 AND UNITED STATES HIGHWAY 15 IN THE CITY OF ST. GEORGE THE "NELL BENNETT INTERCHANGE", AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "NELL BENNETT INTERCHANGE".

Whereas, in 1948 she met and married Everett Wilson Bennett, and together they raised three children; and

Whereas, the Bennett's moved to St. George in 1955 where they owned and operated Bennett's Appliance Company for forty-two years; and

Whereas, Mrs. Bennett was a member of Memorial Baptist Church where she sang in the church choir, served as a Foreign Mission Study co-chairman, and President of the Appleby Women's Missionary Union; and

Whereas, she was loved by all residents of the St. George area; and

Whereas, it is fitting and proper to permanently recognize the many accomplishments of Mrs. Dwynelle Pritchard Bennett by naming an interchange in the City of St. George in her honor. Now, therefore,

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

That the members of the General Assembly request that the Department of Transportation name the interchange located at the intersection of United States Highway 78 and United States Highway 15 in the City of St. George the "Nell Bennett Interchange" and erect appropriate markers or signs at this interchange that contain the words "Nell Bennett Interchange".

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

Rep. BAILEY proposed the following Amendment No. 10 (Doc Name COUNCIL\SWB\6677CM06), which was adopted:
Amend the concurrent resolution, as and if amended, by striking / is / on lines 31 and 36 on page 1 and inserting / was/,
Amend the concurrent resolution further by striking / has sung / on line 32 on page 1, and inserting / sang /.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

The following Concurrent Resolution was taken up:

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.

Whereas, the Cities of Concord and Kannapolis, North Carolina, have filed with the North Carolina Environmental Management Commission an interbasin transfer request to remove water from the Catawba River Basin; and

Whereas, under this request up to thirty-eight million gallons of water a day may be withdrawn from the Catawba River Basin; and

Whereas, a number of counties and municipalities up and down the basin, from McDowell County, North Carolina, to Fairfield County, South Carolina, have raised concerns about the proposal; and

Whereas, the City of Rock Hill, South Carolina, is located in the Catawba River Basin and has portions of Lake Wylie as well as free flowing portions of the Catawba River adjacent to its corporate limits; and

Whereas, many communities in the basin have long been recognized as promoting excellence in stewardship of our natural resources, maintaining high environmental standards, and providing leadership at the local level through both regulatory frameworks and partnerships with the public and private sector; and

Whereas, drought conditions in the historic and recent past have meant water shortages for counties and municipalities in the Catawba River Basin, requiring wholesale and retail customers to adhere to mandatory water usage reduction; and

Whereas, some communities in the basin including the City of Rock Hill are currently working with Duke Power and numerous other stakeholders in the Catawba River Basin from both North Carolina and South Carolina to establish the terms of the next hydropower license, to be issued by the Federal Energy Regulatory Commission, for dams throughout the basin that will further define future water needs for the population within the basin; and

Whereas, the relicensing of the Catawba River Basin hydropower facilities is nearing completion and will provide useful data about water quality and quantity that should be considered before any interbasin transfer request is approved; and

Whereas, approval of any interbasin transfer request to remove water prior to the evaluation of the future water needs within the Catawba River Basin itself would create an unacceptable precedent which could lead to even more future withdrawals that fail to consider the needs of all citizens; and

Whereas, the South Carolina Department of Health and Environmental Control was not duly notified of the petition and supporting environmental impact statement and DHEC's request for additional time to review the environmental impact statement was denied by the North Carolina Department of Environmental and Natural Resources. Now, therefore,

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

Be it further resolved that a copy of this resolution be forwarded to the Department of Health and Environmental Control.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

H. 4480 (Word version) -- Reps. Brady, Cotty, Bales, Ballentine, J. Brown, Harrison, Howard, J. H. Neal, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND CLEMSON ROAD IN RICHLAND COUNTY THE "JOHN DAVID MONROE, SR. INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN DAVID MONROE, SR. INTERCHANGE".

Whereas, the Honorable John David Monroe, Sr. is a lifelong resident of Northeast Richland County who has dedicated his energy and hard work toward enhancing the quality of life for everyone in this community; and

Whereas, due to his commitment to excellence and his total devotion to the people of his community, the Northeast Richland County area has grown and prospered during his lifetime; and

Whereas, from his days as a young man to the present, John has had a vision of a community that offers extraordinary opportunities to its residents; and

Whereas, he has been a member of the Richland County Council and various homeowner associations, boards, and commissions; and

Whereas, it is fitting and proper for the members of the General Assembly to recognize this son of South Carolina for his exemplary service to this State by naming an interchange in his community in his honor. 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 request that the Department of Transportation name the interchange located at the intersection of United States Highway 1 and Clemson Road in Richland County the "John David Monroe, Sr. Interchange" and erect appropriate markers or signs at this interchange that contain the words "John David Monroe, Sr. Interchange".

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

The Concurrent Resolution was adopted and sent to the Senate.

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

Rep. TOWNSEND for the Committee on Education and Public Works, submitted a favorable report with amendments.
Rep. SKELTON for the minority, submitted an unfavorable report on:

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,

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

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.
Ordered for consideration tomorrow.

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

H. 4529 (Word version) -- Reps. Ceips, Scarborough, Witherspoon, R. Brown, Altman, Clemmons, Hagood and Herbkersman: A BILL TO AMEND ARTICLE 9, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHELLFISH AND COMMERCIAL SHELLFISH CULTURE AND MARICULTURE PERMITS, SO AS TO CLARIFY THAT ONLY STATE RESIDENTS MAY BE ISSUED SUCH SHELLFISH PERMITS AND TO PROVIDE THAT A "STATE RESIDENT" FOR THIS PURPOSE MEANS AN INDIVIDUAL WHO IS A LEGAL RESIDENT OF

H. 4530 (Word version) -- Rep. Limehouse: A BILL TO AMEND SECTION 12-37-712, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESS TO A MARINA AND ITS BUSINESS RECORDS FOR THE PURPOSE OF MAKING PROPERTY TAX ASSESSMENTS, SO AS TO DEFINE "BUSINESS RECORDS" FOR PURPOSES OF THIS SECTION.
Referred to Committee on Ways and Means

H. 4531 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS PROSPECTIVELY TO INCREASE FROM NINETY TO ONE HUNDRED TWENTY DAYS THE AMOUNT OF UNUSED SICK LEAVE FOR WHICH A MEMBER OTHERWISE ELIGIBLE TO RETIRE RECEIVES SERVICE CREDIT.
Referred to Committee on Ways and Means

H. 4532 (Word version) -- Reps. Coates, McGee and Townsend: A BILL TO AMEND SECTION 56-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE WHOLESALER AND DEALER LICENSES, SO AS TO INCREASE THE AMOUNT OF THE SURETY BOND AN APPLICANT FOR LICENSURE AS A WHOLESALER OR A DEALER MUST PROVIDE TO THE DEPARTMENT OF MOTOR VEHICLES AND TO INCREASE THE AGGREGATE LIABILITY OF THE SURETY FOR CLAIMS ON EACH BOND AND THE AMOUNT OF THE ACTUAL LOSS INCURRED.
Referred to Committee on Labor, Commerce and Industry

H. 4533 (Word version) -- Reps. Talley, R. Brown and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-780 SO AS TO AUTHORIZE A STATE EMPLOYEE TO TRANSFER LEAVE TO A SPECIFIC EMPLOYEE OF THE

H. 4534 (Word version) -- Reps. Edge, Leach, Merrill, Altman, Bailey, Barfield, Cato, Ceips, Chalk, Chellis, Clemmons, Davenport, Delleney, Duncan, Hagood, Hamilton, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Limehouse, Loftis, McGee, Owens, M. A. Pitts, Rice, Scarborough, Simrill, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Tripp, Vaughn, Viers, Witherspoon and Young: A BILL TO ENACT THE "SOUTH CAROLINA EDUCATIONAL OPPORTUNITY SCHOLARSHIP ACT" BY ADDING ARTICLE 6 TO CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ALLOW STUDENTS ATTENDING A FAILING PUBLIC SCHOOL TO USE AN EDUCATION SCHOLARSHIP TO TRANSFER TO ANOTHER PUBLIC SCHOOL OR TO AN INDEPENDENT SCHOOL, TO DEFINE CERTAIN TERMS, AND TO PROVIDE FOR REPORTING AND CONDUCTING OF EXAMINATIONS AND INVESTIGATIONS; AND BY ADDING CHAPTER 18 TO TITLE 12 SO AS TO PROVIDE A CREDIT FOR CERTAIN TAXES FOR TUITION PAID TO PUBLIC OR INDEPENDENT SCHOOLS, TO DEFINE CERTAIN TERMS, AND TO PROVIDE FOR REPORTING AND ACCOUNTABILITY OF THE IMPLEMENTATION OF THIS CHAPTER.
Referred to Committee on Ways and Means

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

The Senate returned to the House with concurrence the following:

H. 4495 (Word version) -- Reps. M. A. Pitts, Parks, Pinson and Taylor: A CONCURRENT RESOLUTION TO COMMEND THE STUDENT COUNCIL OF WARE SHOALS HIGH SCHOOL FOR THE OUTSTANDING GENEROSITY THE STUDENTS EXHIBITED IN SUPPORTING SEVERAL CHARITABLE CAUSES AND TO RECOGNIZE THEM AS A STELLAR EXAMPLE OF PHILANTHROPY.

At 11:15 a.m. the House, in accordance with the motion of Rep. W. D. SMITH, adjourned in memory of former Representative Roy McBee Smith of Spartanburg, to meet at 10:00 a.m. tomorrow.

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