South Carolina House Journal - February 20, 2007 - South Carolina Legislature Online

South Carolina General Assembly
117th Session, 2007-2008
Journal of the House of Representatives

Printed Page 1018 . . . . . Tuesday, February 20, 2007

Tuesday, February 20, 2007
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Judges 6:16: "The Lord answered, I will be with you."
Let us pray. Call us O God, to do Your will and make us confident in Your presence. With the hand of God upon these Representatives and staff, provide them with the courage, wisdom, and integrity to take the leap of faith, to not be afraid in doing what is the important work to be done. Bless our Nation, President, State, Governor, Speaker and all who serve in these halls of government. Hold in Your protective care our defenders of freedom as they protect us. In the name of our 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. SPIRES moved that when the House adjourns, it adjourn in memory of Ruth Nichols of Pelion, which was agreed to.

INTRODUCTION OF BILLS

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

H. 3547 (Word version) -- Reps. Moss, Gambrell and Leach: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF

Printed Page 1019 . . . . . Tuesday, February 20, 2007

PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY.
Referred to Committee on Judiciary

H. 3548 (Word version) -- Reps. Moss, Gambrell and Leach: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD AS A GROUND THAT THE INSTITUTIONALIZATION OF THE PARENT, INCLUDING INCARCERATION, RENDERS IT IMPROBABLE FOR THE PARENT TO CARE FOR THE CHILD FOR AN EXTENDED PERIOD OF TIME.
Referred to Committee on Judiciary

H. 3549 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 47-5-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS ON THE SALE OF WILD CARNIVORES AND DOMESTICATED FERRETS AS PETS, SO AS TO PROVIDE THE STATUTE DOES NOT APPLY TO FACILITIES INSPECTED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3551 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-20-22 SO AS TO PROVIDE THAT BEGINNING WITH THE YEAR 2007, STATE FUNDS DISTRIBUTED TO A SCHOOL DISTRICT UNDER THE EDUCATION FINANCE ACT MUST BE DISTRIBUTED SOLELY ON A WEIGHTED PUPIL UNIT BASIS WITHOUT REGARD TO A DISTRICT'S INDEX OF TAXPAYING ABILITY.
Referred to Committee on Ways and Means

Printed Page 1020 . . . . . Tuesday, February 20, 2007

S. 132 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 157 (Word version) -- Senators McConnell, Vaughn, Campsen, Courson, Richardson, Hayes, Mescher, McGill, Knotts, Elliott, Cleary, Leatherman, Alexander, Verdin, Fair, Setzler, Peeler, Williams and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA TEACHER PROTECTION ACT OF 2007", BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A TEACHER MAY BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS A CRIMINAL OFFENSE AGAINST THE TEACHER IF THE OFFENSE OCCURS ON SCHOOL GROUNDS OR AT A SCHOOL-RELATED EVENT, OR IF THE OFFENSE IS DIRECTLY RELATED TO THE TEACHER'S PROFESSIONAL RESPONSIBILITIES, AND TO PROVIDE THAT NO TEACHER HAS CIVIL LIABILITY TO A STUDENT OR TO A PARTY ACTING IN THE INTEREST OF THE STUDENT FOR AN ACT OR OMISSION BY THE TEACHER THAT OCCURS WHILE THE TEACHER IS ACTING ON BEHALF OF THE SCHOOL; AND TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY.
Referred to Committee on Judiciary

S. 196 (Word version) -- Senators Ritchie, McConnell, Richardson, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "FAMILY COURT REFORM ACT OF 2007", BY AMENDING SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES

Printed Page 1021 . . . . . Tuesday, February 20, 2007

AND COSTS OF FRIVOLOUS SUITS, TO CLARIFY THAT AN ACTION IN FAMILY COURT IS SUBJECT TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT AND MANDATE SANCTIONS FOR MULTIPLE FINDINGS OF FRIVOLOUS SUITS; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES IN DIVORCE CASES, TO ELIMINATE ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY OF "LIMITED ALIMONY", TO CREATE A REBUTTABLE PRESUMPTION OF FINITE ALIMONY FOR SHORT-TERM MARRIAGES AND DEFINE SHORT-TERM MARRIAGES, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN ALIMONY FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE AND RELATING TO THE PAYMENT OF ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE PROCEEDINGS, TO REQUIRE THAT ALL PAYMENTS MADE BY THE PAYOR MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDE ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT, AND TO REQUIRE THAT IF THE PAYOR SPOUSE IS EVER TEN DAYS OR MORE LATE IN PAYING HIS OBLIGATION, THEN, UPON THE FILING OF AN AFFIDAVIT BY THE PAYEE SPOUSE, ALL FUTURE PAYMENTS, ALONG WITH A SERVICE FEE, MUST BE MADE THROUGH THE CLERK OF COURT; TO AMEND TITLE 20, RELATING TO THE CHILDREN'S CODE, BY ADDING CHAPTER 6, ENTITLED THE "SOUTH CAROLINA FAMILY COURT HEARING OFFICER ACT", TO ESTABLISH FAMILY COURT HEARING OFFICERS; TO AMEND CHAPTER 7 OF TITLE 20, RELATING TO THE PAYMENT OF CHILD SUPPORT, BY ADDING SECTION 20-7-93, TO REQUIRE THAT IN CHILD SUPPORT ORDERS, THE PAYMENT MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDES ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT; TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF FAMILY COURT IN DOMESTIC MATTERS, TO ADD A SUBSECTION CONCERNING FAMILY COURT JURISDICTION IN FRIVOLOUS MATTERS

Printed Page 1022 . . . . . Tuesday, February 20, 2007

AND TO MANDATE THAT JUDGES SANCTION PARTIES WITH TWO OR MORE PRIOR DETERMINATIONS OF FILING A FRIVOLOUS CLAIM OR MOTION; TO AMEND SECTION 20-7-472, RELATING TO THE EQUITABLE APPORTIONMENT AND CRITERIA OF MARITAL PROPERTY, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN EQUITABLE DISTRIBUTION FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 20-7-570, RELATING TO A FALSE REPORT OF SUSPECTED CHILD ABUSE OR NEGLECT MADE MALICIOUSLY OR IN BAD FAITH, TO MANDATE THAT JUDGES SANCTION THE REPORTING PARTY UPON A SECOND OR SUBSEQUENT DETERMINATION OF MAKING A FALSE REPORT MALICIOUSLY OR IN BAD FAITH; AND TO AMEND TITLE 20, BY ADDING CHAPTER 8, ENTITLED THE "SOUTH CAROLINA FAMILY LAW MEDIATION ACT", TO MANDATE MEDIATION IN ALL DOMESTIC RELATIONS ACTIONS IN FAMILY COURT, TO PROVIDE FOR EXCEPTIONS WHERE MEDIATION IS NOT REQUIRED AND EXCEPTIONAL CIRCUMSTANCES WHERE MEDIATION MAY BE WAIVED, TO PROVIDE A TIMEFRAME WITHIN WHICH MEDIATION MUST BE ACCOMPLISHED, AND TO PROVIDE THAT NO FINAL HEARING IN A DOMESTIC RELATIONS ACTION SHALL BE SCHEDULED UNTIL MEDIATION IS COMPLETED IN THE MATTER, UNLESS IT IS EXEMPTED OR EXCEPTED FROM MEDIATION.
Referred to Committee on Judiciary

S. 208 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE

Printed Page 1023 . . . . . Tuesday, February 20, 2007

POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.
Referred to Beaufort Delegation

S. 243 (Word version) -- Senators Setzler, Leatherman, Fair and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND", TO AUTHORIZE THE SOUTH CAROLINA RESEARCH AUTHORITY TO ADMINISTER SUBGRANTS FOR THE PURPOSE OF PROMOTING THE DEVELOPMENT OF HYDROGEN PRODUCTION, TO ALLOW THE FUND TO RECEIVE DONATIONS, GRANTS, AND OTHER FUNDING AS PROVIDED BY LAW, TO ALLOW A TAXPAYER WHO MAKES A CONTRIBUTION TO THE FUND TO RECEIVE A TAX CREDIT SUBJECT TO CERTAIN LIMITATIONS, TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE A SPECIFIC AMOUNT FROM THE GENERAL FUND OF THE STATE TO THE FUND, AND TO REQUIRE STATE AGENCIES TO CONSIDER PURCHASING EQUIPMENT AND MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR BOTH OF THEM; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW A CREDIT AGAINST THE INCOME TAX, LICENSE FEES, OR INSURANCE PREMIUM TAXES FOR QUALIFIED CONTRIBUTIONS MADE TO THE FUND; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR EQUIPMENT OR MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR USED TO DISTRIBUTE HYDROGEN AND FOR EQUIPMENT AND MACHINERY USED PREDOMINATELY FOR RESEARCH AND DEVELOPMENT INVOLVING HYDROGEN OR FUEL CELL TECHNOLOGIES, AND TO ALLOW A SALES TAX EXEMPTION FOR BUILDING MATERIALS, MACHINERY, OR EQUIPMENT USED TO CONSTRUCT A NEW OR RENOVATED BUILDING LOCATED IN A RESEARCH DISTRICT.
Referred to Committee on Ways and Means

S. 330 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION

Printed Page 1024 . . . . . Tuesday, February 20, 2007

OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Referred to York Delegation

S. 366 (Word version) -- Senators Hayes, Land, Courson, Matthews, Grooms and Richardson: A BILL TO AMEND SECTION 6-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTING BY COUNTIES AND MUNICIPALITIES TO THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE REPORTING DATE; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT; TO AMEND SECTIONS 11-11-155 AND 11-11-156, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN THE COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO ALLOW A COUNTY ORDINANCE IMPLEMENTING THE ACCELERATION TO USE A MONTHLY, QUARTERLY, OR SEMI-ANNUAL SCHEDULE, PROVIDE FOR THE ASSESSOR TO DO THESE LISTINGS, ELIMINATE PROVISIONS PROVIDING

Printed Page 1025 . . . . . Tuesday, February 20, 2007

FOR PAYMENT IN THE SUCCEEDING TAX YEAR, AND PROVIDE THAT ADDITIONAL TAX IS DUE ON THE VALUE OF THE IMPROVEMENTS LISTED WITHOUT REGARD TO A TAX RECEIPT ISSUED EARLIER FOR PAYMENT ON THE UNIMPROVED PROPERTY; TO AMEND SECTIONS 12-37-3130, 12-37-3140, AND 12-37-3150, RELATING TO DEFINITIONS, VALUATION, AND ASSESSABLE TRANSFER OF INTEREST, FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO DELETE REFERENCES TO "BENEFICIAL USE", TO REVISE THE DEFINITION OF "CONVEYANCE", AND PROVIDE THAT TRANSFERS OCCUR WHEN INSTRUMENTS ARE EXECUTED WITHOUT REFERENCE TO THE DATE OF RECORDING AND TO PROVIDE THAT FAILURE TO RECORD GIVES RISE TO NO INFERENCE OR TO WHETHER OR NOT A TRANSFER HAS OCCURRED, TO CLARIFY THE DATE AND PROPERTY TAX YEAR FOR WHICH REVISED VALUES APPLY, DELETE UNIT VALUATION REAL PROPERTY FROM THE APPLICABLE LIMITS, AND PROVIDE THAT THE TRANSFER OF AN INTEREST IN A TIMESHARE UNIT DOES NOT RESULT IN AN ASSESSABLE TRANSFER OF INTEREST; AND TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE THAT IN NONREASSESSMENT YEARS, AN APPEAL MADE BEFORE THE FIRST PENALTY DATE FOR TAXES FOR THE YEAR APPLIES FOR THAT YEAR AND AN APPEAL FILED ON OR AFTER THAT DATE APPLIES FOR THE NEXT YEAR.
Referred to Committee on Ways and Means

S. 367 (Word version) -- Senators Hayes, Setzler, Matthews, Short, Fair, Richardson and Vaughn: A BILL TO AMEND SECTIONS 11-11-155 AND 11-11-156, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN A COUNTY, AND

Printed Page 1026 . . . . . Tuesday, February 20, 2007

SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT AND TO PROVIDE THAT THIS MILLAGE INCREASE LIMIT DOES NOT AMEND OR REPEAL ANY MORE RESTRICTIVE LIMIT APPLICABLE IN OTHER LAW.
Referred to Committee on Ways and Means

S. 399 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND ACT 410 OF 2002, RELATING TO APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY; SO AS TO PROVIDE FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR OFFICES, BOARDS, AND COMMISSIONS PROVIDING WATER OR SEWER SERVICES TO A SERVICE AREA IN WHICH ONE OR MORE MUNICIPALITIES ARE LOCATED.
Referred to Charleston Delegation

CONCURRENT RESOLUTION

The following was introduced:

H. 3550 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice,

Printed Page 1027 . . . . . Tuesday, February 20, 2007

Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. BUD TIBSHRANY FOR FORTY-TWO YEARS OF DEDICATED SERVICE IN THE FIELD OF CABLE TELEVISION UPON HIS RETIREMENT, AND TO WISH HIM MUCH HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3552 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 57 IN DILLON COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 9 IN THE TOWN OF LITTLE ROCK TO ITS INTERSECTION WITH SECONDARY HIGHWAY S-17-192 "REPRESENTATIVE JEWELL P. MCLAURIN, JR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "REPRESENTATIVE JEWELL P. MCLAURIN, JR. HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

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

Alexander              Allen                  Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Cato                   Ceips                  Chalk

Printed Page 1028 . . . . . Tuesday, February 20, 2007

Chellis                Clemmons               Clyburn
Cobb-Hunter            Cooper                 Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hinson                 Hiott
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mahaffey               McLeod                 Merrill
Miller                 Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Shoopman
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Walker                 Weeks
White                  Whitmire               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 20.

Paul Agnew                        Laurie Funderburk
Bill Cotty                        Anne Parks
Creighton Coleman                 Thad Viers
Harold Mitchell                   David Mack
James Battle                      Todd Rutherford

Printed Page 1029 . . . . . Tuesday, February 20, 2007

Robert Williams                   Jackson "Seth"  Whipper
Glenn Hamilton                    Kenneth Hodges

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the week due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. March Seabrook of West Columbia 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. 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. 3097 (Word version)
Date: ADD:
02/20/07 BALES

Printed Page 1030 . . . . . Tuesday, February 20, 2007

CO-SPONSOR ADDED

Bill Number: H. 3034 (Word version)
Date: ADD:
02/20/07 STAVRINAKIS

CO-SPONSOR ADDED

Bill Number: H. 3034 (Word version)
Date: ADD:
02/20/07 GULLICK

CO-SPONSOR ADDED

Bill Number: H. 3212 (Word version)
Date: ADD:
02/20/07 VIERS

CO-SPONSOR ADDED

Bill Number: H. 3284 (Word version)
Date: ADD:
02/20/07 MAHAFFEY

CO-SPONSOR ADDED

Bill Number: H. 3351 (Word version)
Date: ADD:
02/20/07 GULLICK

CO-SPONSOR ADDED

Bill Number: H. 3352 (Word version)
Date: ADD:
02/20/07 DUNCAN

CO-SPONSOR ADDED

Bill Number: H. 3466 (Word version)
Date: ADD:
02/20/07 GULLICK

CO-SPONSOR ADDED

Bill Number: H. 3486 (Word version)
Date: ADD:
02/20/07 BOWEN

Printed Page 1031 . . . . . Tuesday, February 20, 2007

CO-SPONSOR ADDED

Bill Number: H. 3538 (Word version)
Date: ADD:
02/20/07 GULLICK

CO-SPONSOR ADDED

Bill Number: H. 3545 (Word version)
Date: ADD:
02/20/07 MULVANEY

CO-SPONSOR ADDED

Bill Number: H. 3545 (Word version)
Date: ADD:
02/20/07 MAHAFFEY

CO-SPONSOR ADDED

Bill Number: H. 3490 (Word version)
Date: ADD:
02/20/07 MCLEOD

CO-SPONSOR REMOVED

Bill Number: H. 3545 (Word version)
Date: REMOVE:
02/20/07 GULLICK

OBJECTION TO RECALL

Rep. HERBKERSMAN asked unanimous consent to recall H. 3545 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WITHERSPOON objected.

OBJECTION TO RECALL

Rep. HOSEY asked unanimous consent to recall H. 3479 (Word version) from the Committee on Ways and Means.
Rep. COBB-HUNTER objected.

MOTION PERIOD

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

Printed Page 1032 . . . . . Tuesday, February 20, 2007

H. 3097--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3097 (Word version) -- Reps. Rice, Walker, G. R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D. C. Smith, Bedingfield and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ON-LINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.

Rep. OWENS proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\20123SD07), which was tabled:
Amend the bill, as and if amended, in Section 59-16-15(B) as contained in SECTION 1, by striking the second sentence of the subsection which reads: /However, public school students must be given enrollment priority./
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Printed Page 1033 . . . . . Tuesday, February 20, 2007

Rep. WALKER continued speaking.
Rep. LOFTIS spoke in favor of the amendment.

SPEAKER IN CHAIR

LEAVE OF ABSENCE

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

Rep. LOFTIS spoke in favor of the amendment.
Rep. HINSON spoke in favor of the amendment.
Rep. MILLER spoke against the amendment.
Rep. RICE spoke in favor of the amendment.

Rep. WALKER moved to table the amendment.

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

Yeas 58; Nays 56

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Brady
Branham                Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Cotty                  Funderburk
Gambrell               Govan                  Harrison
Hart                   Harvin                 Hayes
Hiott                  Hosey                  Howard
Jefferson              Jennings               Kennedy
Kirsh                  Knight                 Mack
Mahaffey               McLeod                 Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Ott                    Parks
Pinson                 Rutherford             Sandifer
Scott                  Sellers                Skelton
D. C. Smith            F. N. Smith            Stavrinakis
Thompson               Vick                   Walker

Printed Page 1034 . . . . . Tuesday, February 20, 2007

Weeks                  Whitmire               Williams
Witherspoon

Total--58

Those who voted in the negative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brantley               Cato                   Ceips
Chalk                  Chellis                Clemmons
Cooper                 Crawford               Dantzler
Delleney               Duncan                 Edge
Frye                   Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Haskins                Herbkersman
Hinson                 Huggins                Kelly
Limehouse              Loftis                 Lowe
Lucas                  Merrill                Mulvaney
Owens                  Perry                  E. H. Pitts
M. A. Pitts            Rice                   Scarborough
Shoopman               G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stewart                Talley                 Taylor
Toole                  Umphlett               Viers
White                  Young

Total--56

So, the amendment was tabled.

RECORD FOR VOTING

Because of a special ceremony, I was temporarily out of the Chamber during the vote on H. 3097, Amendment #5. Had I been present, I would have voted "yea" in support of Amendment #5.
Rep. Kenneth F. Hodges

Rep. OWENS proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\20124SD07):
Amend the bill, as and if amended, in Section 59-16-15 as contained in SECTION 1, by striking subsection (C) and inserting:

Printed Page 1035 . . . . . Tuesday, February 20, 2007

/ (C) Students may be awarded such credits per school year and throughout high school as determined by the governing body of the student's school district. /
Renumber sections to conform.
Amend title to conform.

Rep. OWENS explained the amendment.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 6.

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

ADJOURNMENT

At 1:10 p.m. the House, in accordance with the motion of Rep. SPIRES, adjourned in memory of Ruth Nichols of Pelion, to meet at 10:00 a.m. tomorrow.

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