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


Printed Page 1291 . . . . . Wednesday, March 7, 2007

Wednesday, March 7, 2007
(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 105:4: "Look to the Lord and his strength; seek his face always."
Let us pray. O Lord, be present with each today as these Representatives and staff go about the business of state. Give them strength, courage and wisdom. Be our shield to protect us from all wrong doing. May we give praise to You for all You do for us. Bless our Nation, President, State, Governor, Speaker and all who serve in these halls of government. Protect 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 yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. BRANTLEY moved that when the House adjourns, it adjourn in memory of Mayor Ralph Tuten of Ridgeland, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 3218 (Word version) -- Reps. Harrison, G. Brown, Thompson and Mack: A BILL TO AMEND SECTION 61-4-1115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC BRANDS OF BEER AND TO STIPULATE THAT


Printed Page 1292 . . . . . Wednesday, March 7, 2007

WHEN A PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY TRANSFERS, CONVEYS, OR ASSIGNS A BRAND OF BEER TO ANOTHER PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY, THE ASSIGNMENT OF TERRITORY OF THAT BRAND TO A WHOLESALER, AS REQUIRED BY LAW, IS BINDING ON THE SUCCESSOR PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY.
Ordered for consideration tomorrow.

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

H. 3232 (Word version) -- Reps. Breeland, Mack, Anderson, R. Brown, Clyburn, Hart, Hosey, Howard, Jefferson, Scott and Williams: A BILL TO AMEND SECTION 56-3-7750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF FRATERNITY AND SORORITY SPECIAL LICENSE PLATES, SO AS TO PROVIDE FEES COLLECTED PURSUANT TO THIS SECTION MAY BE USED FOR ACADEMIC SCHOLARSHIPS, OR TO FUND PROGRAMS THAT SEND BOYS AND GIRLS WHO ARE AT LEAST EIGHT YEARS OLD AND NOT MORE THAN SIXTEEN YEARS OLD TO SUMMER CAMP, OR BOTH.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3509 (Word version) -- Reps. Mitchell, Whipper, Parks, Haley, Hodges, J. H. Neal, Bedingfield, F. N. Smith, Gullick, Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowen, 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, Funderburk, Gambrell, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Moss, Neilson, Ott, Owens, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott,


Printed Page 1293 . . . . . Wednesday, March 7, 2007

Sellers, Shoopman, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Vick, Viers, Walker, Williams, Witherspoon, Young, Bowers, J. M. Neal, Loftis, Simrill, White, Mulvaney, Whitmire, Weeks and Frye: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 31 TO ENACT THE "SOUTH CAROLINA LOCAL HOUSING TRUST FUND ENABLING ACT", TO MAKE CERTAIN FINDINGS BY THE GENERAL ASSEMBLY, TO DEFINE CERTAIN TERMS, AND TO ALLOW A LOCAL GOVERNMENT TO CREATE AND OPERATE A "LOCAL HOUSING TRUST FUND" OR A "REGIONAL HOUSING TRUST FUND".
Ordered for consideration tomorrow.

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

S. 394 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES BIG SWAMP ALONG SOUTH CAROLINA HIGHWAY 51 IN FLORENCE COUNTY, NEAR THE TOWN OF PAMPLICO, THE "J. LAVERNE ARD BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. LAVERNE ARD BRIDGE".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3652 (Word version) -- Reps. Limehouse, 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, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss,


Printed Page 1294 . . . . . Wednesday, March 7, 2007

Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, 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 HOUSE RESOLUTION TO EXTEND A WARM WELCOME TO ANTHONY KEARNS OF THE IRISH TENORS AND TO WISH HIM WELL DURING HIS VISIT TO THE PALMETTO STATE AS HE PERFORMS IN CONCERT WITH THE IRISH TENORS, MUSICIANS EXTRAORDINAIRE, ON MARCH 13, 2007, AT CHARLESTON'S GAILLARD MUNICIPAL AUDITORIUM.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3653 (Word version) -- Reps. Limehouse, 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, 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, Rutherford, Sandifer, Scarborough, Scott, 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 HOUSE RESOLUTION TO EXTEND A WARM WELCOME TO KARL SCULLY OF THE IRISH TENORS AND TO WISH HIM WELL DURING HIS VISIT TO THE PALMETTO STATE AS HE PERFORMS IN CONCERT WITH THE IRISH TENORS,


Printed Page 1295 . . . . . Wednesday, March 7, 2007

MUSICIANS EXTRAORDINAIRE, ON MARCH 13, 2007, AT CHARLESTON'S GAILLARD MUNICIPAL AUDITORIUM.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3654 (Word version) -- Reps. Limehouse, 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, 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, Rutherford, Sandifer, Scarborough, Scott, 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 HOUSE RESOLUTION TO EXTEND A WARM WELCOME TO FINBAR WRIGHT OF THE IRISH TENORS AND TO WISH HIM WELL DURING HIS VISIT TO THE PALMETTO STATE AS HE PERFORMS IN CONCERT WITH THE IRISH TENORS, MUSICIANS EXTRAORDINAIRE, ON MARCH 13, 2007, AT CHARLESTON'S GAILLARD MUNICIPAL AUDITORIUM.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3655 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sellers, Hosey, Brantley, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers,


Printed Page 1296 . . . . . Wednesday, March 7, 2007

Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, 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, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, 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 HOUSE RESOLUTION TO RECOGNIZE AND HONOR DR. ARTHUR KENNEDY OF ORANGEBURG COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AS CHIEF EXECUTIVE OFFICER OF FAMILY HEALTH CENTERS, INCORPORATED, AND TO WISH HIM ALL THE BEST IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3656 (Word version) -- Reps. Govan, 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, 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, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith,


Printed Page 1297 . . . . . Wednesday, March 7, 2007

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 HONOR AND RECOGNIZE SOUTH CAROLINA STATE UNIVERSITY ON RECEIVING THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS' ASSOCIATION OF THE UNITED STATES AND CANADA.

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

HOUSE RESOLUTION

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

H. 3657 (Word version) -- Reps. Bingham, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, 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, Rutherford, Sandifer, Scarborough, Scott, 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 HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON TUESDAY THROUGH THURSDAY, SEPTEMBER 11 THROUGH SEPTEMBER 13, 2007, PROVIDED THE HOUSE IS NOT IN


Printed Page 1298 . . . . . Wednesday, March 7, 2007

SESSION, AND TO PROVIDE FOR THE USE OF THE HOUSE CHAMBER ON ALTERNATE DATES AND TIMES AS MAY BE SELECTED BY THE SPEAKER.

That the South Carolina Silver Haired Legislature is authorized to use the Chamber of the South Carolina House of Representatives on Tuesday through Thursday, September 11 through September 13, 2007, provided the House of Representatives is not in session on that date. If the House of Representatives is in statewide session, the House Chamber may not be used on those dates but may be used by the South Carolina Silver Haired Legislature on alternate dates and times as may be selected by the Speaker.

Be it further resolved that the use of the Chamber of the South Carolina House of Representatives by the South Carolina Silver Haired Legislature must be in accordance with the policies and rules of the South Carolina House of Representatives.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3658 (Word version) -- Reps. Rutherford, 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, Sandifer, Scarborough, Scott, 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,


Printed Page 1299 . . . . . Wednesday, March 7, 2007

White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO DECLARE THURSDAY, MARCH 8, 2007, 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 that will enable them to become productive and contributing members of society; and

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

Whereas, the eighth-grade curriculum focuses on etiquette during the month of February 2007 and culminates with an etiquette luncheon on Thursday, March 8, 2007, 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 all South Carolinians would benefit from learning. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina, by this resolution, declare Thursday, March 8, 2007, 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.


Printed Page 1300 . . . . . Wednesday, March 7, 2007

Be it further resolved that a copy of this resolution be forwarded to Dr. Paul L. Beasley, Director of the TRIO Program 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. 3659 (Word version) -- Reps. Kirsh and Simrill: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCISE TAX ON ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION, SO AS TO REQUIRE THAT A STATE AGENCY OR LOCAL ENTITY THAT DOES NOT RECEIVE THE SAME AMOUNT OF REVENUE FROM THE EXCISE TAX AS IT DID FROM THE MINIBOTTLE TAX IN FISCAL YEAR 2004-2005, IT IS TO RECEIVE THE DIFFERENCE FROM THE GENERAL FUND WITHIN THIRTY DAYS AFTER THE CLOSE OF EACH QUARTER IN A CALENDAR YEAR.
Referred to Committee on Ways and Means

H. 3660 (Word version) -- Rep. Bannister: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE GREATER GREENVILLE SEWER DISTRICT (CURRENTLY WESTERN CAROLINA SEWER AUTHORITY), SO AS TO AUTHORIZE THE AUTHORITY TO APPOINT ADDITIONAL COMMISSIONERS TO CERTAIN SATELLITE SEWER SYSTEMS IT SERVES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3661 (Word version) -- Rep. Bannister: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH EXCESSIVE INFILTRATION STANDARDS FOR SATELLITE SEWERS, PROVIDE FOR DEFINITIONS, AND PROVIDE CIVIL PENALTIES FOR NONCOMPLIANCE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


Printed Page 1301 . . . . . Wednesday, March 7, 2007

ROLL CALL

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

Agnew                  Alexander              Allen
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               Delleney               Duncan
Edge                   Frye                   Funderburk
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Hodges                 Hosey
Howard                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mack                   McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                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                  Vick                   Walker
Weeks                  Whipper                White

Printed Page 1302 . . . . . Wednesday, March 7, 2007

Whitmire               Williams               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 7.

Carl Anderson                     C. David Umphlett
Chip Huggins                      Ralph Davenport

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. A. PITTS a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MAHAFFEY a leave of absence for yesterday and today due to illness.

STATEMENT OF ATTENDANCE

Rep. J. M. NEAL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 6.

DOCTOR OF THE DAY

Announcement was made that Dr. Stanley C. Baker, Jr. of Greenville was the Doctor of the Day for the General Assembly.

SPEAKER PRO TEMPORE IN CHAIR

SPECIAL PRESENTATION

Rep. MILLER presented to the House the Waccamaw High School "Lady Warriors" Girls Tennis Team, the 2006 Class A-AA Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. MCLEOD presented to the House the Newberry College "Indians" South Atlantic Conference Football Champions, their coaches and other school officials.


Printed Page 1303 . . . . . Wednesday, March 7, 2007

SPEAKER IN CHAIR

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. 3006 (Word version)
Date:   ADD:
03/07/07   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3303 (Word version)
Date:   ADD:
03/07/07   BOWEN

CO-SPONSOR ADDED

Bill Number:   H. 3019 (Word version)
Date:   ADD:
03/07/07   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3291 (Word version)
Date:   ADD:
03/07/07   CHELLIS


Printed Page 1304 . . . . . Wednesday, March 7, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3101 (Word version)
Date:   ADD:
03/07/07   CHALK

CO-SPONSOR ADDED

Bill Number:   H. 3105 (Word version)
Date:   ADD:
03/07/07   GULLICK

CO-SPONSOR ADDED

Bill Number:   H. 3149 (Word version)
Date:   ADD:
03/07/07   FRYE

CO-SPONSOR ADDED

Bill Number:   H. 3355 (Word version)
Date:   ADD:
03/07/07   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3476 (Word version)
Date:   ADD:
03/07/07   MULVANEY

CO-SPONSOR ADDED

Bill Number:   H. 3505 (Word version)
Date:   ADD:
03/07/07   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3516 (Word version)
Date:   ADD:
03/07/07   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 3526 (Word version)
Date:   ADD:
03/07/07   TALLEY


Printed Page 1305 . . . . . Wednesday, March 7, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3149 (Word version)
Date:   ADD:
03/07/07   DUNCAN

CO-SPONSOR ADDED

Bill Number:   H. 3575 (Word version)
Date:   ADD:
03/07/07   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3649 (Word version)
Date:   ADD:
03/07/07   STAVRINAKIS

CO-SPONSOR ADDED

Bill Number:   H. 3649 (Word version)
Date:   ADD:
03/07/07   BANNISTER

CO-SPONSOR ADDED

Bill Number:   H. 3651 (Word version)
Date:   ADD:
03/07/07   MULVANEY

CO-SPONSOR ADDED

Bill Number:   H. 3624 (Word version)
Date:   ADD:
03/07/07   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3624 (Word version)
Date:   ADD:
03/07/07   BATTLE

CO-SPONSOR ADDED

Bill Number:   H. 3649 (Word version)
Date:   ADD:
03/07/07   J. H. NEAL


Printed Page 1306 . . . . . Wednesday, March 7, 2007

CO-SPONSOR REMOVED

Bill Number:   H. 3615 (Word version)
Date:   REMOVE:
03/07/07   GAMBRELL

CO-SPONSOR REMOVED

Bill Number:   H. 3262 (Word version)
Date:   REMOVE:
03/07/07   ANTHONY

CO-SPONSOR REMOVED

Bill Number:   H. 3355 (Word version)
Date:   REMOVE:
03/07/07   W. D. SMITH

CO-SPONSOR REMOVED

Bill Number:   H. 3355 (Word version)
Date:   REMOVE:
03/07/07   GAMBRELL

SENT TO THE SENATE

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

H. 3613 (Word version) -- Rep. Taylor: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THE BOARDS SHALL FILE A STATEMENT OF CANDIDACY RATHER THAN A PETITION, TO REVISE THE DATE BY WHICH THE STATEMENTS OF CANDIDACY MUST BE FILED, AND TO PROVIDE THAT IF A CANDIDATE IS UNOPPOSED, HE IS DEEMED ELECTED UNDER SPECIFIED CONDITIONS AND PROCEDURES.

H. 3025 (Word version) -- Reps. Viers and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 91 TO TITLE 40 SO AS TO PROVIDE FOR REGISTRATION AND OTHER REQUIREMENTS FOR PERSONS ENGAGED IN THE PROFESSION OF PROVIDING IMMIGRATION ASSISTANCE.


Printed Page 1307 . . . . . Wednesday, March 7, 2007

H. 3157--SENT TO THE SENATE

The following Bill was taken up:

H. 3157 (Word version) -- Reps. Huggins, Kirsh, Sandifer, Herbkersman, Cotty, Viers, Clemmons, Weeks and Bedingfield: A BILL TO AMEND SECTION 27-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR SERVICE OF RULE ON A TENANT AGAINST WHOM EJECTMENT PROCEEDINGS ARE BROUGHT, SO AS TO PROVIDE A METHOD OF SERVICE BY POSTING IF GROUNDS OF EJECTMENT ARE CIRCUMSTANCES THAT THREATEN LIFE OR SIGNIFICANT PROPERTY DAMAGE; TO AMEND SECTION 27-37-40, RELATING TO TENANT EJECTMENT ON FAILURE TO SHOW CAUSE, SO AS TO REQUIRE MAGISTRATES TO IMMEDIATELY ISSUE A WARRANT FOR EJECTMENT IF GROUNDS FOR EJECTMENT ARE CIRCUMSTANCES THAT THREATEN LIVES OR SIGNIFICANT PROPERTY DAMAGE AND THE TENANT FAILS TO APPEAR AND SHOW CAUSE WITHIN FIVE DAYS OF SERVICE; TO AMEND SECTION 27-40-720, AS AMENDED, RELATING TO TENANT NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO DEFINE FOR THE PURPOSES OF THIS SECTION THE TERM "EMERGENCY" TO INCLUDE CIRCUMSTANCES CONSIDERED TO THREATEN THE LIVES OF RESIDENTS OR EMPLOYEES, OR SIGNIFICANT PROPERTY DAMAGE.

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

Yeas 105; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bowers
Brady                  Branham                Brantley
G. Brown               Cato                   Ceips
Chalk                  Chellis                Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Crawford

Printed Page 1308 . . . . . Wednesday, March 7, 2007

Dantzler               Delleney               Duncan
Edge                   Frye                   Funderburk
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Hayes                  Hinson                 Hiott
Hodges                 Hosey                  Huggins
Jefferson              Jennings               Kelly
Kirsh                  Leach                  Limehouse
Loftis                 Lowe                   Lucas
Mack                   McLeod                 Merrill
Mitchell               Moss                   Mulvaney
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Vick                   Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young

Total--105

Those who voted in the negative are:

Total--0

So, the Bill was read the third time and ordered sent to the Senate.

H. 3362--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3362 (Word version) -- Reps. Parks, Sandifer, Scott, Pinson, Allen, Agnew, Alexander, Cato, Cobb-Hunter, Davenport, Harrison, Hart, Harvin, Howard, Jefferson, Leach, Miller, J. H. Neal, M. A. Pitts, Sellers,


Printed Page 1309 . . . . . Wednesday, March 7, 2007

F. N. Smith, Taylor, Weeks, Whipper, Whitmire and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-72 SO AS TO REQUIRE AN EMBALMER OR FUNERAL DIRECTOR WHO FILES A DEATH CERTIFICATE TO PROVIDE HIS EMBALMER OR FUNERAL HOME DIRECTOR LICENSE NUMBER ON THE DEATH CERTIFICATE; AND TO AMEND SECTION 44-63-70, RELATING TO THE STATE REGISTRAR'S OBLIGATION TO PRESCRIBE DEATH CERTIFICATE FORMS, AMONG OTHER VITAL STATISTICS FORMS, TO COUNTY REGISTRARS AND APPROPRIATE AGENCIES, SO AS TO REQUIRE THE REGISTRAR TO INCLUDE ON DEATH CERTIFICATE FORMS A SPACE WHERE AN EMBALMER OR FUNERAL DIRECTOR MAY PROVIDE HIS LICENSE NUMBER WHEN FILING A DEATH CERTIFICATE.

Reps. PARKS and SANDIFER proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11363AB07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Chapter 63, Title 44 of the 1976 Code is amended by adding:

"Section 44-63-72.   A When a licensed embalmer or funeral director who files a death certificate both the embalmer and funeral director must:

(1)   provide his license number and either his name or signature on the appropriate location of the death certificate; and

(2)   indicate that he has conducted a reasonable inquiry to ascertain and verify the relationship of the informant to the deceased."
SECTION   2.   Section 44-63-70 of the 1976 Code is amended to read:

"Section 44-63-70.   The state registrar shall prescribe the proper forms for the certification and recording of all vital statistics in this State and shall furnish copies of these forms to all county registrars and appropriate agencies in the State having the responsibility for the registration, reporting, and certification of vital statistics, data, and information. The state registrar shall include on death certificates a place on which the license number and either the name or signature of a licensed embalmer and funeral director must be included when a death certificate is filed by a licensed embalmer or funeral director, as provided in Section 44-63-72."


Printed Page 1310 . . . . . Wednesday, March 7, 2007

SECTION   3.   This act takes effect thirty days after approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

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

H. 3355--OBJECTIONS AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M. A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers and Loftis: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.

POINT OF ORDER -- OVERRULED

Rep. RUTHERFORD made the Point of Order that the Bill was improperly before the House for consideration since its number and


Printed Page 1311 . . . . . Wednesday, March 7, 2007

title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER overruled the Point of Order.

Rep. DELLENEY explained the Bill.

Reps. SCOTT, HART, KENNEDY and MILLER requested debate on the Bill.

Rep. COBB-HUNTER objected to the Bill.

Reps. STAVRINAKIS, RUTHERFORD and SELLERS requested debate on the Bill.

Rep. PARKS objected to the Bill.

Reps. HAMILTON, LEACH and MACK requested debate on the Bill.

H. 3149--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3149 (Word version) -- Reps. Toole, Umphlett, Kirsh, Littlejohn, Mahaffey, Herbkersman, Cotty, Viers, Clemmons, Frye and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-252 SO AS TO PROVIDE THAT A PERSON MAY NOT RECEIVE FOOD ASSISTANCE PAYMENTS INCLUDING, BUT NOT LIMITED TO, FOOD STAMPS IF THE STATE ADMINISTERS THE ELIGIBILITY PROCESS, UNLESS THE PERSON VERIFIES THAT HE OR SHE IS LAWFULLY PRESENT IN THE STATE, AND TO REQUIRE SUCH A PERSON TO APPLY FOR SUCH BENEFITS THROUGH THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM, AND TO PROVIDE THAT IT IS UNLAWFUL TO PROVIDE SUCH BENEFITS IN VIOLATION OF THIS ACT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22765MM07), which was adopted:
Amend the bill, as and if amended, Section 43-5-252, as found in SECTION 1, by adding a new subsection at the end to read:


Printed Page 1312 . . . . . Wednesday, March 7, 2007

/   (H)   This section does not apply to an application for recipients under the age of 18.   /
Amend the bill further, subsection (C), as found on page 2, at line 1, by deleting / an applicant / and inserting / every applicant /
Renumber sections to conform.
Amend title to conform.

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

Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\9828HTC07), which was adopted:
Amend the bill, as and if amended, by inserting a new penultimate SECTION to read:
/ SECTION   __.   Article 1, Chapter 5, Title 43 of the 1976 Code is amended by adding:

"Section 43-5-254.   The department shall provide education and counseling services for all persons it has determined eligible to receive United States Department of Agriculture food coupons. This education and counseling must include basic information on nutrition requirements and shopping and meal preparation advice designed to assist the recipient in making the best use of the assistance provided in meeting individual and family nutrition requirements." /
Renumber sections to conform.
Amend title to conform.

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

Rep. HART proposed the following Amendment No. 3 (Doc Name COUNCIL\MS\7199AB07), which was adopted:
Amend the bill, as and if amended, Section 43-5-252(B)(2), as contained in SECTION 1, page 1, line 40, by deleting / alien / and inserting / immigrant /
Renumber sections to conform.
Amend title to conform.

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


Printed Page 1313 . . . . . Wednesday, March 7, 2007

Rep. TOOLE proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\11364AC07):
Amend the bill, as and if amended, by deleting Section 43-5-252(C) and inserting:
/(C)   If an applicant executes an affidavit that he is lawfully present in this State and citizenship or legal alien status of the applicant is questionable, eligibility for food assistance payments including, but not limited to, food stamps, must be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security, Citizenship and Immigration Services or a successor program designated by the United States Department of Homeland Security, Citizenship and Immigration Services. Until eligibility is verified pursuant to SAVE, the affidavit is presumed to be proof of the applicant's lawful presence in this State for the purposes of this section./
Renumber sections to conform.
Amend title to conform.

Rep. TOOLE explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 4.

SENT TO THE SENATE

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

H. 3278 (Word version) -- Reps. G. R. Smith, Haskins, Bedingfield, Cato, Hamilton, Harrell, Leach, E. H. Pitts, Shoopman, F. N. Smith and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM WHICH HE WAS ELECTED OR APPOINTED.


Printed Page 1314 . . . . . Wednesday, March 7, 2007

H. 3291--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3291 (Word version) -- Reps. Knight, Alexander, Branham, Brantley, G. Brown, Cobb-Hunter, Dantzler, Harrell, Hart, Harvin, Howard, McLeod, Miller, Moss, Ott, Rice, Sellers, Stavrinakis, Witherspoon, Young and Chellis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT MILE MARKER 77 ALONG INTERSTATE HIGHWAY 95 IN DORCHESTER COUNTY THE "JOHN TYE HEATH HILL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN TYE HEATH HILL INTERCHANGE".

Whereas, John Tye Heath Hill was born on June 3, 1982 to his proud parents, Glennie Murray Hill and John C. Hill, in St. George; and

Whereas, educated in Dorchester School District Four public schools, he graduated from Woodland High School, where he was a member of both the football and track teams; and

Whereas, possessing an overwhelming amount of natural talent and ability, Tye Hill went on to set track and football records at Clemson University, and achieved national recognition in being named the seventh-best cornerback in the nation; and

Whereas, Tye Hill completed 1,591 plays in his college football career, making at least one tackle in 24 straight games; and

Whereas, named Clemson's Most Improved Player in 2003 and 2004, Tye Hill is only the second player in history to win the award in consecutive years; and

Whereas, his skills earned his being named First Team All American by four services, including the Sporting News and the Walter Camp Foundation; and

Whereas, Tye Hill played in three bowl games while in college, and served as a reserve running back in the 2002 Tangerine Bowl against Texas Tech and as a starting cornerback in the 2004 Peach Bowl


Printed Page 1315 . . . . . Wednesday, March 7, 2007

against Tennessee and the 2005 Champs Sports Bowl against Colorado; and

Whereas, he was selected for the 2006 Senior Bowl, the pre-draft event in Mobile, Alabama, each year that features the talents of the country's best senior collegiate football players and top NFL draft prospects on teams representing the North and South that are coveted by NFL coaching staffs; and

Whereas, Tye Hill was a first round draft pick by the National Football League's St. Louis Rams in March 2006; and

Whereas, during his rookie season, Tye Hill played in all sixteen regular season games and was credited with fifty tackles and three interceptions; and

Whereas, he is destined to achieve further success as a professional athlete; and

Whereas, it is fitting and proper to honor this son of South Carolina for his outstanding achievements at every level in the sport of football by having an interchange in his native Dorchester County named in his honor. Now, therefore,

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

That the members of the General Assembly, by this resolution, request that the Department of Transportation name the interchange located at mile marker 77 along Interstate Highway 95 in Dorchester County the "John Tye Heath Hill Interchange" and erect appropriate markers or signs at this interchange that contain the words "John Tye Heath Hill 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.

MOTION PERIOD

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


Printed Page 1316 . . . . . Wednesday, March 7, 2007

H. 3505--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3505 (Word version) -- Reps. Harrell, W. D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G. Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E. H. Pitts, M. A. Pitts, Shoopman, Simrill, Skelton, G. M. Smith, G. R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire, Young, Hodges, Viers and Rice: A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN OTHER ACTIONS BEGUN BEFORE THE EFFECTIVE DATE OF THIS JOINT RESOLUTION IN REGARD TO THESE NEW TERMINAL FACILITIES; AND TO DIRECT THE STATE PORTS AUTHORITY TO BEGIN SPECIFIC NEW UNDERTAKINGS WITHIN A STIPULATED TIME FRAME UPON FINAL CONCLUSION INCLUDING ALL APPEALS OF THE ABOVE CONDEMNATION ACTION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20158SD07), which was adopted:
Amend the joint resolution, as and if amended, by adding a new SECTION to be appropriately numbered to read:


Printed Page 1317 . . . . . Wednesday, March 7, 2007

/SECTION   ____.   (A)   In addition to the above provisions of this joint resolution, a commission to be known as the Savannah River Maritime Commission is hereby established to represent this State in all matters pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels. The commission as an instrumentality of this State is empowered to negotiate on behalf of the State of South Carolina and enter into agreements with the State of Georgia, the United States Army Corps of Engineers, and other involved parties in regard to the above which bind the State of South Carolina; provided, however, that any such agreements which require state funding are subject to the funding being provided by the General Assembly in a general or supplemental appropriations act or in a bond bill.

(B)   The commission shall be composed of seven members as follows:

(1)   the Governor or his designee;

(2)   the Speaker of the House of Representatives or his designee;

(3)   the President Pro Tempore of the Senate or his designee;

(4)   the Attorney General of South Carolina or his designee;

(5)   the Chairman of the Board of Health and Environmental Control to serve ex officio or his designee;

(6)   the Chairman of the Board of Natural Resources to serve ex officio or his designee; and

(7)   the Chairman of the State Ports Authority to serve ex officio or his designee.

The Governor or his designee shall serve as chairman of the commission.

(C)   Commission membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of this State. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this commission as the designee of an appointing official.

(D)   Professional and clerical services for the commission must be provided by the staff of the Attorney General's office and supplemented by the staffs of other public officials serving on the commission as required by the commission.

(E)   Members serving on the commission shall receive such mileage, subsistence, and per diem as is provided by law for members


Printed Page 1318 . . . . . Wednesday, March 7, 2007

of state boards, commissions, and committees when engaged in the exercise of their duties as members of the commission to be paid from their approved accounts or the approved accounts of their appointing authority.

(F)   Except as provided below, nothing in this section shall supersede the authority of other state agencies, departments, or instrumentalities including the Department of Natural Resources, the Department of Health and Environmental Control, or the State Ports Authority to exercise all powers, duties, and functions within their responsibilities as provided by law. However, on an interstate basis and specifically in regard to the State of Georgia, the responsibilities granted to the Savannah River Maritime Commission in this joint resolution supersede any other concurrent responsibilities of a particular state agency or department. Any requirements for permitting and constructing new terminal facilities on the Savannah River in Jasper County are declared not to be the responsibility of this commission, except as they may relate to this state's responsibility for the navigability or depth of the South Carolina portion of the Savannah River.

(G)   The Savannah River Maritime Commission established herein shall exist for a period of twenty-five years after the effective date of this joint resolution and may be continued for additional periods as provided by the General Assembly by law.   /
Renumber sections to conform.
Amend title to conform.

Rep. CHELLIS explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN a temporary leave of absence for official business.

Rep. CHELLIS continued speaking.

The question then recurred to the adoption of the amendment.

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

Yeas 83; Nays 25


Printed Page 1319 . . . . . Wednesday, March 7, 2007

Those who voted in the affirmative are:
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Brantley
Cato                   Ceips                  Chalk
Chellis                Clemmons               Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Funderburk
Gambrell               Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Hinson                 Hiott
Huggins                Kelly                  Kirsh
Knight                 Leach                  Limehouse
Lowe                   Lucas                  McLeod
Merrill                Miller                 Moss
Mulvaney               J. M. Neal             Neilson
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Walker                 White                  Whitmire
Witherspoon            Young

Total--83

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Breeland               G. Brown
Clyburn                Cobb-Hunter            Coleman
Hart                   Harvin                 Hodges
Hosey                  Howard                 Jefferson
Kennedy                Mack                   Mitchell
J. H. Neal             Parks                  Scott

Printed Page 1320 . . . . . Wednesday, March 7, 2007

Sellers                F. N. Smith            Weeks
Williams

Total--25

So, the amendment was adopted.

Rep. THOMPSON proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20164SD07), which was adopted:
Amend the joint resolution, as and if amended, by striking the second sentence of SECTION 5 and inserting:
/ The General Assembly therefore provides that if a particular action or undertaking cannot be completed within the time lines provided in this joint resolution, the State Ports Authority is required to notify the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Executive Director of the State Budget and Control Board, the Chairman of Jasper County Council, and the Chairman of the Savannah River Maritime Commission in writing at least thirty days before the required completion date of the anticipated inability of the State Ports Authority to complete the action and the reasons for the anticipated inability to complete the requirement by the stipulated completion date.   /
Renumber sections to conform.
Amend title to conform.

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

Rep. OTT proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11366AC07), which was adopted:
Amend the joint resolution, as and if amended, in subsection (B) of the unnumbered section added by the amendment of the Labor, Commerce and Industry Committee, which begins on line 10 of page 3505-2, by striking and inserting:
/     (B)   The commission shall be composed of eight members as follows:

(1)   the Governor or his designee;

(2)   the Speaker of the House of Representatives or his designee;

(3)   the President Pro Tempore of the Senate or his designee;

(4)   the Attorney General of South Carolina or his designee;


Printed Page 1321 . . . . . Wednesday, March 7, 2007

(5)   the Chairman of the Board of Health and Environmental Control to serve ex officio or his designee;

(6)   the Chairman of the Board of Natural Resources to serve ex officio or his designee;

(7)   the Chairman of the State Ports Authority to serve ex officio or his designee; and

(8)   one resident of Jasper County appointed by the Jasper County Council to serve at the pleasure of the council.

The Governor or his designee shall serve as chairman of the commission.   /
Renumber sections to conform.
Amend title to conform.

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

Rep. BRANTLEY spoke against the Joint Resolution.
Rep. MERRILL spoke in favor of the Joint Resolution.
Rep. SCOTT spoke against the Joint Resolution.
Rep. KENNEDY spoke against the Joint Resolution.

Rep. KENNEDY moved to adjourn debate on the Joint Resolution.

Rep. CATO moved to table the motion.

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

Yeas 72; Nays 41

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Cato
Ceips                  Chellis                Clemmons
Cooper                 Cotty                  Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Gullick
Hagood                 Haley                  Hamilton
Harrell                Harrison               Haskins
Hayes                  Hinson                 Hiott

Printed Page 1322 . . . . . Wednesday, March 7, 2007

Huggins                Kelly                  Leach
Littlejohn             Lowe                   Lucas
McLeod                 Merrill                Moss
Mulvaney               Owens                  Perry
Phillips               Pinson                 E. H. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 White
Whitmire               Witherspoon            Young

Total--72

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Bowers                 Branham                Brantley
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Coleman
Hardwick               Hart                   Harvin
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kennedy
Kirsh                  Limehouse              Mack
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Parks
Rutherford             Scott                  Sellers
F. N. Smith            Vick                   Weeks
Whipper                Williams

Total--41

So, the motion to adjourn debate was tabled.

Rep. SELLERS moved to table the Joint Resolution.

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

Yeas 38; Nays 75


Printed Page 1323 . . . . . Wednesday, March 7, 2007

Those who voted in the affirmative are:
Agnew                  Alexander              Anderson
Anthony                Bales                  Branham
Brantley               Breeland               G. Brown
R. Brown               Chalk                  Clyburn
Cobb-Hunter            Coleman                Funderburk
Hardwick               Hart                   Harvin
Hodges                 Hosey                  Howard
Jefferson              Kennedy                Limehouse
Mack                   McLeod                 Miller
Mitchell               J. H. Neal             Neilson
Parks                  Rutherford             Scott
Sellers                Vick                   Weeks
Whipper                Williams

Total--38

Those who voted in the negative are:

Allen                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Cato                   Ceips
Chellis                Clemmons               Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gambrell
Gullick                Hagood                 Haley
Hamilton               Harrell                Harrison
Haskins                Hayes                  Hinson
Hiott                  Huggins                Kelly
Kirsh                  Leach                  Littlejohn
Loftis                 Lowe                   Lucas
Merrill                Moss                   Mulvaney
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                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

Printed Page 1324 . . . . . Wednesday, March 7, 2007

Umphlett               Walker                 White
Whitmire               Witherspoon            Young

Total--75

So, the House refused to table the Joint Resolution.

Rep. J. H. NEAL spoke against the Joint Resolution.

Rep. J. H. NEAL moved to continue the Joint Resolution.

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

Yeas 38; Nays 70

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Chalk
Clyburn                Cobb-Hunter            Coleman
Delleney               Funderburk             Hardwick
Hart                   Harvin                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Mack                   McLeod
Miller                 J. H. Neal             Neilson
Parks                  Phillips               Rutherford
Scott                  Sellers                Weeks
Whipper                Williams

Total--38

Those who voted in the negative are:

Allen                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Cato                   Ceips                  Chellis
Cooper                 Cotty                  Crawford
Dantzler               Davenport              Duncan
Edge                   Frye                   Gambrell
Gullick                Hagood                 Haley

Printed Page 1325 . . . . . Wednesday, March 7, 2007

Hamilton               Harrell                Harrison
Haskins                Hayes                  Hinson
Hiott                  Huggins                Kelly
Kirsh                  Leach                  Lowe
Lucas                  Merrill                Mitchell
Moss                   Mulvaney               J. M. Neal
Owens                  Pinson                 E. H. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vick                   Walker
White                  Whitmire               Witherspoon
Young

Total--70

So, the House refused to continue the Joint Resolution.

Rep. COTTY spoke in favor of the Joint Resolution.
Rep. BOWERS spoke in favor of the Joint Resolution.
Rep. WHIPPER spoke against the Joint Resolution.

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

Yeas 80; Nays 35

Those who voted in the affirmative are:

Anthony                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Cato                   Ceips
Chellis                Clemmons               Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes

Printed Page 1326 . . . . . Wednesday, March 7, 2007

Hinson                 Hiott                  Huggins
Kelly                  Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Merrill                Miller                 Moss
Mulvaney               J. M. Neal             Neilson
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Walker                 White                  Whitmire
Witherspoon            Young

Total--80

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Branham
Brantley               Breeland               G. Brown
R. Brown               Chalk                  Clyburn
Cobb-Hunter            Coleman                Funderburk
Hart                   Harvin                 Hodges
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Mack
McLeod                 Mitchell               J. H. Neal
Parks                  Rutherford             Scott
Sellers                F. N. Smith            Weeks
Whipper                Williams

Total--35

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

Rep. CRAWFORD moved that the House recede until 3:00 p.m., which was agreed to.


Printed Page 1327 . . . . . Wednesday, March 7, 2007

THE HOUSE RESUMES

At 3:00 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER DANTZLER IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 3161--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill until Tuesday, March 20, which was adopted:

H. 3161 (Word version) -- Reps. Walker, Mahaffey, Herbkersman and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-105 SO AS TO PROVIDE FOR THE MAXIMUM SCHOOL BUS RIDE TIME OF EACH STUDENT AND ROUTING EFFICIENCY FOR EACH SCHOOL BUS; BY ADDING SECTION 59-67-108 SO AS TO PROVIDE FOR REQUIRED SCHOOL BUS DRIVER CERTIFICATION TRAINING; BY ADDING SECTION 59-67-415 SO AS TO PROVIDE THAT PARENTS ARE RESPONSIBLE FOR THE SAFETY, CONDUCT, AND TIMELY ARRIVAL OF THEIR CHILDREN TO, FROM, AND AT THE SCHOOL BUS STOP; TO AMEND SECTION 59-67-100, RELATING TO SCHOOL BUS SEATING SPACE AND STUDENTS ASSIGNED TO A SCHOOL BUS, SO AS TO PROVIDE THAT THE NUMBER OF STUDENTS ASSIGNED TO A SCHOOL BUS MUST NOT BE GREATER THAN THE MANUFACTURER CERTIFIED SEATING CAPACITY AND PROVIDE THAT ALL PASSENGERS TRANSPORTED MUST HAVE ADEQUATE SEATING AREA TO COMPLY WITH CERTAIN STANDARDS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF BUSES, SO AS TO PROVIDE THAT SCHOOL BUSES MUST BE INSPECTED AT LEAST ONCE ANNUALLY; AND TO AMEND SECTION 59-67-420, RELATING TO TRANSPORTATION TO BE PROVIDED TO STUDENTS, SO AS TO PROVIDE THAT THE STATE SHALL BEAR THE COST OF TRANSPORTING STUDENTS WHEN THE TRANSPORTATION IS AUTHORIZED BY STATE LAW OR REGULATION, PROVIDE THAT THE STATE MAY ASSUME


Printed Page 1328 . . . . . Wednesday, March 7, 2007

THE RESPONSIBILITY OF TRANSPORTING STUDENTS WHO LIVE WITHIN A CERTAIN DISTANCE OF THE SCHOOL WHEN HAZARDOUS TRAFFIC CONDITIONS ARE INVOLVED, PROVIDE THAT THE SCHOOL DISTRICT SHALL ESTABLISH HAZARDOUS TRAFFIC CRITERIA, PROVIDE FOR HAZARDOUS TRAFFIC FUNDS, PROVIDE THAT THE STATE SHALL PROVIDE TRANSPORTATION TO AND FROM THE RESIDENCE OF EACH UNESCORTED STUDENT PURSUANT TO CERTAIN CIRCUMSTANCES AND DEFINE UNESCORTED STUDENT.

H. 3452--REQUEST FOR DEBATE AND TABLED

The following Bill was taken up:

H. 3452 (Word version) -- Reps. Breeland, Bales, Bannister, Dantzler, Govan, Hosey, Jefferson, Knight, Mack, Miller, J. M. Neal, Rice, F. N. Smith and Williams: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO EXTEND THEIR TERMS FROM TWO YEARS TO FOUR YEARS.

Rep. BREELAND explained the Bill.

Rep. THOMPSON requested debate on the Bill.

Rep. KIRSH spoke against the Bill.
Rep. HOWARD spoke in favor of the Bill.

Rep. KIRSH moved to table the Bill.

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

Yeas 49; Nays 48

Those who voted in the affirmative are:

Bannister              Battle                 Bedingfield
Bowen                  Bowers                 Cato
Chellis                Clemmons               Cooper
Cotty                  Crawford               Dantzler
Delleney               Duncan                 Frye

Printed Page 1329 . . . . . Wednesday, March 7, 2007

Gullick                Hamilton               Hardwick
Harrell                Harrison               Harvin
Hinson                 Hiott                  Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Merrill                Miller                 Owens
Perry                  E. H. Pitts            Rice
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            Talley
Taylor                 Thompson               Toole
Weeks                  White                  Witherspoon
Young

Total--49

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Anthony                Ballentine             Brady
Branham                Brantley               Breeland
R. Brown               Clyburn                Cobb-Hunter
Davenport              Funderburk             Gambrell
Hagood                 Haley                  Hart
Hayes                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kelly                  Knight
Mack                   McLeod                 Mitchell
Moss                   Mulvaney               J. M. Neal
Neilson                Ott                    Parks
Pinson                 Rutherford             Scott
Sellers                Shoopman               W. D. Smith
Spires                 Stavrinakis            Vick
Walker                 Whitmire               Williams

Total--48

So, the Bill was tabled.


Printed Page 1330 . . . . . Wednesday, March 7, 2007

H. 3249--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3249 (Word version) -- Reps. Scarborough, Umphlett and McLeod: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO PROVIDE NOTICE TO ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, DELETING THE PROVISIONS ESTABLISHING AUTOMATIC APPROVAL OF REGULATIONS AFTER ONE HUNDRED TWENTY DAYS AND PROVIDING THAT REGULATIONS MAY ONLY BE EFFECTIVE BY ENACTMENT OF A JOINT RESOLUTION APPROVING THE REGULATION, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION WAS SUBMITTED FOR REVIEW AND PROVIDING EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF THEIR REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO DELETE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT, TO DELETE PROVISIONS RELATING TO THE ONE HUNDRED TWENTY-DAY AUTOMATIC APPROVAL PROCEDURES, AND TO AUTHORIZE, RATHER THAN PROHIBIT, AN AGENCY TO WITHDRAW REGULATIONS UNDER GENERAL ASSEMBLY REVIEW ANYTIME AND TO PROVIDE EXPEDITED PROCEDURES FOR RESUBMISSION OF


Printed Page 1331 . . . . . Wednesday, March 7, 2007

SUCH WITHDRAWN REGULATIONS; AND TO ADD SECTION 1-23-121 SO AS TO PROVIDE THAT AN AGENCY MAY NOT ESTABLISH, MODIFY, OR INCREASE A FEE UNLESS AUTHORIZED BY LAW OR THROUGH REGULATION.

Reps. BANNISTER and CRAWFORD proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11361AC07), which was tabled:
Amend the bill, as and if amended, by deleting Section 1-23-120 (C), (D), and (E) and inserting:
/   (C)   Upon receipt of the request regulation, the President and Speaker reviewing the request shall submit it shall refer the regulation for consideration review to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it the regulation must be given to each member of the committee, and Legislative Council shall notify all members of the General Assembly when regulations are submitted for review either through electronic means or by addition of this information to the web site maintained by Legislative Printing Information and Technology Services, or both. The committees to which regulations are referred have one hundred twenty legislative days from the date regulations are submitted to the General Assembly to consider and take action on these regulations. However, if a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting.

(D)   If a joint resolution to approve a regulation is not enacted within one hundred twenty legislative days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, the one-hundred-twenty-day one-hundred-twenty-legislative-days period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving


Printed Page 1332 . . . . . Wednesday, March 7, 2007

the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the Clerk of the House in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the remainder to equal ninety days. The introduction of a joint resolution by the committee of either house does not prevent the introduction of a joint resolution by the committee of the other house to either approve or disapprove the regulations concerned. A joint resolution approving or disapproving a regulation must include:

(1)   the synopsis of the regulation as required by subsection (B)(4);

(2)   the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B)(5), the statement or explanation that an assessment report is not required or is exempt.

(E)   The one-hundred-twenty-day one-hundred-twenty-legislative-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor./
Amend the bill further, by deleting Section 1-23-120(H) and inserting:
/(H)(I)   For purposes of this section, only those calendar legislative days, as defined in Section 1-23-10, occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed. /
Amend the bill further, by adding appropriately numbered SECTIONS to read:
/SECTION   __.   Section 1-23-10 of the 1976 Code, as last amended by Act 231 of 2004, is further amended by adding an appropriately numbered item to read:

"( )   'Legislative days' means each Tuesday, Wednesday, Thursday, and Friday beginning the second Tuesday in January through Sine die adjournment."
SECTION   __.   Section 1-23-115(A) of the 1976 Code is amended to read:

"(A)   Upon written request by two members of the General Assembly, made before submission of a promulgated regulation to the


Printed Page 1333 . . . . . Wednesday, March 7, 2007

General Assembly for legislative review, a regulation that has a substantial economic impact must have an assessment report prepared pursuant to this section and in accordance with the procedures contained in this article. In addition to any other method as may be provided by the General Assembly, the legislative committee to which the promulgated regulation has been referred, by majority vote, may send a written notification to the promulgating agency informing the agency that the committee cannot approve the promulgated regulation unless an assessment report is prepared and provided to the committee. The written notification tolls the running of the one hundred-twenty-day legislative one-hundred-twenty-legislative-day review period, and the period does not begin to run again until an assessment report prepared in accordance with this article is submitted to the committee. Upon receipt of the assessment report, additional days must be added to the days remaining in the one hundred-twenty-day one-hundred-twenty-legislative-day review period, if less than twenty legislative days, to equal twenty legislative days. A copy of the assessment report must be provided to each member of the committee."
SECTION   __.   Section 1-23-125(C) of the 1976 Code is amended to read:

"(C)   The notification tolls the one-hundred-twenty-day one-hundred-twenty-legislative-day period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the review period for automatic approval, if less than twenty legislative days, to equal twenty legislative days, and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to item (3), it shall notify the committee in writing and the remainder of the period begins to run only upon this notification."/
Renumber sections to conform.
Amend title to conform.

Rep. CRAWFORD explained the amendment.
Rep. HAGOOD spoke against the amendment.

Rep. HAGOOD moved to table the amendment.


Printed Page 1334 . . . . . Wednesday, March 7, 2007

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

Yeas 68; Nays 33

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Ballentine             Battle
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               Clemmons               Clyburn
Cobb-Hunter            Cotty                  Dantzler
Davenport              Funderburk             Govan
Gullick                Hagood                 Haley
Hardwick               Harrison               Hart
Harvin                 Haskins                Hayes
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Kennedy                Kirsh                  Knight
Lucas                  Mack                   McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
Rutherford             Sandifer               Scott
Sellers                Skelton                D. C. Smith
J. R. Smith            Stavrinakis            Vick
Walker                 Weeks                  Whitmire
Williams               Witherspoon

Total--68

Those who voted in the negative are:

Bannister              Bedingfield            Cato
Chellis                Crawford               Delleney
Duncan                 Frye                   Gambrell
Hamilton               Harrell                Hinson
Kelly                  Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Merrill                Mulvaney               Rice
Scarborough            Shoopman               Simrill
G. M. Smith            Spires                 Talley

Printed Page 1335 . . . . . Wednesday, March 7, 2007

Taylor                 Thompson               Toole
Umphlett               White                  Young

Total--33

So, the amendment was tabled.

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

Yeas 101; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bowen                  Bowers                 Brady
Branham                Brantley               G. Brown
Cato                   Chellis                Clemmons
Clyburn                Cobb-Hunter            Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Frye
Funderburk             Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Haskins                Hayes
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mack                   McLeod                 Merrill
Miller                 Mitchell               Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            Rice                   Rutherford
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires

Printed Page 1336 . . . . . Wednesday, March 7, 2007

Stavrinakis            Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Walker                 Weeks
White                  Whitmire               Williams
Witherspoon            Young

Total--101

Those who voted in the negative are:

Total--0

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

H. 3452--RECONSIDERED AND ORDERED TO THIRD READING

Rep. LITTLEJOHN moved to reconsider the vote whereby the following Bill was tabled, which was agreed to by a division vote of 50 to 45:

H. 3452 (Word version) -- Reps. Breeland, Bales, Bannister, Dantzler, Govan, Hosey, Jefferson, Knight, Mack, Miller, J. M. Neal, Rice, F. N. Smith and Williams: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO EXTEND THEIR TERMS FROM TWO YEARS TO FOUR YEARS.

Rep. SIMRILL spoke against the Bill.
Rep. HOSEY spoke in favor of the Bill.

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

Yeas 60; Nays 47

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Ballentine
Bannister              Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato

Printed Page 1337 . . . . . Wednesday, March 7, 2007

Chalk                  Chellis                Clemmons
Clyburn                Cobb-Hunter            Dantzler
Funderburk             Govan                  Hagood
Haley                  Hart                   Hayes
Hodges                 Hosey                  Howard
Jefferson              Knight                 Littlejohn
Mack                   McLeod                 Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Pinson
Scarborough            Scott                  Sellers
Shoopman               D. C. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Vick                   Walker                 Weeks
Whitmire               Williams               Young

Total--60

Those who voted in the negative are:

Barfield               Bedingfield            Bingham
Bowen                  Cooper                 Cotty
Crawford               Davenport              Delleney
Duncan                 Frye                   Gambrell
Gullick                Hamilton               Hardwick
Harrell                Harrison               Harvin
Haskins                Herbkersman            Hinson
Hiott                  Huggins                Kelly
Kennedy                Kirsh                  Leach
Limehouse              Lowe                   Lucas
Merrill                Owens                  Perry
E. H. Pitts            Rice                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            Talley                 Taylor
Thompson               Toole                  Umphlett
White                  Witherspoon

Total--47

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


Printed Page 1338 . . . . . Wednesday, March 7, 2007

H. 3162--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3162 (Word version) -- Reps. Walker, Cotty, Bales, Govan and Scott: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO ESTABLISH THE SOUTH CAROLINA TEACHER LOAN PROGRAM POLICY BOARD OF GOVERNANCE AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22772SD07), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/   SECTION   1.   Section 59-26-20(j) of the 1976 Code, as last amended by Act 307 of 2004, is further amended by adding a new paragraph after the fourth paragraph to read:

"The Commission on Higher Education shall establish, appoint, and maintain the South Carolina Teacher Loan Program Advisory Committee. The committee must be composed of one member representing each of the following:

(1)   Commission on Higher Education;

(2)   State Board of Education;

(3)   Education Oversight Committee;

(4)   Center for Educator Recruitment, Retention, and Advancement of South Carolina;

(5)   South Carolina Student Loan Corporation;

(6)   South Carolina Association of Student Financial Aid Administrators;

(7)   a local school district human resources office;

(8)   a public college or university with an approved teacher preparation program; and

(9)   a private college or university with an approved teacher preparation program.

The members of the committee representing the public and private colleges or universities shall rotate among those institutions and shall serve a two-year term on the committee. Initial appointments must be made by July 1, 2007, at which time the member representing the


Printed Page 1339 . . . . . Wednesday, March 7, 2007

Commission on Higher Education shall call the first meeting. At the initial meeting a chairman and vice chairman must be elected by a majority vote of the committee. The committee must be staffed by the Commission on Higher Education and shall meet at least twice annually. The committee's responsibilities are limited to:

(i)     establishing goals for the Teacher Loan Program;

(ii)   facilitating communication among the cooperating agencies;

(iii)   advocating for the Teacher Loan Program participants; and

(iv)   advising the Commission on Higher Education on Teacher Loan Program policies and procedures."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

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

Yeas 109; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Chalk
Chellis                Clemmons               Clyburn
Cobb-Hunter            Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Kelly                  Kennedy

Printed Page 1340 . . . . . Wednesday, March 7, 2007

Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mack
McLeod                 Merrill                Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Walker                 Weeks                  White
Whitmire               Williams               Witherspoon
Young

Total--109

Those who voted in the negative are:

Total--0

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

H. 3355--DEBATE ADJOURNED

The following Bill was taken up:

H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M. A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers and Loftis: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT THE PHYSICIAN


Printed Page 1341 . . . . . Wednesday, March 7, 2007

WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.

Rep. OTT moved to adjourn debate on the Bill until Tuesday, March 20.

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

Yeas 44; Nays 61

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Battle
Bowers                 Branham                Brantley
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Funderburk
Govan                  Hart                   Harvin
Hayes                  Hodges                 Hosey
Howard                 Jefferson              Kennedy
Kirsh                  Knight                 Mack
McLeod                 Miller                 Mitchell
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rutherford
Scott                  Sellers                Skelton
Stavrinakis            Vick                   Weeks
Williams               Witherspoon

Total--44

Those who voted in the negative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Cato                   Chalk                  Chellis
Clemmons               Cooper                 Cotty

Printed Page 1342 . . . . . Wednesday, March 7, 2007

Davenport              Delleney               Duncan
Frye                   Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Haskins
Herbkersman            Hinson                 Hiott
Huggins                Kelly                  Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Merrill
Moss                   Mulvaney               Owens
Perry                  Pinson                 E. H. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 White
Young

Total--61

So, the House refused to adjourn debate.

Reps. RUTHERFORD and COBB-HUNTER proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11365AC07):
Amend the bill, as and if amended, Section 44-41-330(A), page 1, line 37 after /emergency/ by inserting:
/and in the case of a pregnancy that is the result of incest or criminal sexual conduct,/
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.

Rep. MILLER moved to adjourn debate on the Bill until Tuesday, March 20.

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

Yeas 65; Nays 38


Printed Page 1343 . . . . . Wednesday, March 7, 2007

Those who voted in the affirmative are:
Agnew                  Alexander              Anderson
Anthony                Bales                  Battle
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Chellis
Clyburn                Cobb-Hunter            Cotty
Dantzler               Frye                   Funderburk
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hardwick
Hart                   Harvin                 Hayes
Hinson                 Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Knight                 Littlejohn             Mack
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
E. H. Pitts            Rutherford             Sandifer
Scott                  Sellers                Skelton
Spires                 Stavrinakis            Umphlett
Walker                 Weeks                  Whitmire
Williams               Young

Total--65

Those who voted in the negative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Cato
Clemmons               Cooper                 Davenport
Delleney               Duncan                 Hamilton
Haskins                Herbkersman            Hiott
Kelly                  Leach                  Limehouse
Loftis                 Lowe                   Lucas
Merrill                Mulvaney               Owens
Perry                  Pinson                 Rice
Shoopman               Simrill                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith

Printed Page 1344 . . . . . Wednesday, March 7, 2007

Talley                 Taylor                 Thompson
Vick                   White

Total--38

So, the motion to adjourn debate was agreed to.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

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

H. 3662 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO CELEBRATE THE DECLARATION OF INDEPENDENCE AND THE UNITED STATES CONSTITUTION WITH ITS BILL OF RIGHTS, ENUMERATING OUR UNALIENABLE RIGHTS AND LIBERTIES AND TO PROCLAIM FRIDAY, MARCH 16, 2007, AS "LIBERTY DAY" IN SOUTH CAROLINA.

Whereas, our rights and liberties are rooted in the cherished documents of our nation, the Declaration of Independence and the United States Constitution with its Bill of Rights, both of which set forth the principles on which our great country is based; and

Whereas, during the Constitutional Convention of 1787, James Madison's Virginia Plan became the foundation of the new American Constitution, replacing the Articles of Confederation and establishing our present form of government; and

Whereas, a leading architect of the Constitution, James Madison also introduced the Bill of Rights when he served in the United States House of Representatives from 1789 to 1797; and

Whereas, we as Americans enjoy our freedom and the rule of law through these documents created by our founding fathers; and

Whereas, it is appropriate to proclaim the sixteenth day of March as "Liberty Day" because it is the birth date of founding father James


Printed Page 1345 . . . . . Wednesday, March 7, 2007

Madison, who went on to serve as the fourth President of the United States; and

Whereas, the rich culture and history of the United States of America can be sustained as long as each generation maintains an understanding of and commitment to the principles of our founding documents; and

Whereas, it is fitting and proper for the members of the South Carolina House of Representatives to pause in their deliberations in recognition of "Liberty Day" and to pay tribute to the remarkable achievements and extraordinary vision of our founding fathers and the rights, privileges, and responsibilities they secured for the people of the United States of America. 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, celebrate the Declaration of Independence and the United States Constitution with its Bill of Rights enumerating our unalienable rights and liberties and proclaim Friday, March 16, 2007, as "Liberty Day" in South Carolina.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3663 (Word version) -- Reps. J. M. Neal and Mulvaney: A HOUSE RESOLUTION TO COMMEND MR. GEORGE F. MORTON, CHAIRMAN OF THE LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION, FOR HIS OUTSTANDING SERVICE UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.


Printed Page 1346 . . . . . Wednesday, March 7, 2007

CONCURRENT RESOLUTION

The following was introduced:

H. 3664 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE JUDY HAYES FOR HER TIRELESS SERVICE TO THE LAURENS COUNTY COMMUNITY IN HER ROLE AS DIRECTOR OF THE LAURENS COUNTY REGISTRATION AND ELECTION COMMISSION, AND TO WISH HER ALL THE BEST UPON HER RETIREMENT.

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

H. 3149--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4:

H. 3149 (Word version) -- Reps. Toole, Umphlett, Kirsh, Littlejohn, Mahaffey, Herbkersman, Cotty, Viers, Clemmons, Frye and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-252 SO AS TO PROVIDE THAT A PERSON MAY NOT RECEIVE FOOD ASSISTANCE PAYMENTS INCLUDING, BUT NOT LIMITED TO, FOOD STAMPS IF THE STATE ADMINISTERS THE ELIGIBILITY PROCESS, UNLESS THE PERSON VERIFIES THAT HE OR SHE IS LAWFULLY PRESENT IN THE STATE, AND TO REQUIRE SUCH A PERSON TO APPLY FOR SUCH BENEFITS THROUGH THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM, AND TO PROVIDE THAT IT IS UNLAWFUL TO PROVIDE SUCH BENEFITS IN VIOLATION OF THIS ACT.

Rep. TOOLE moved to adjourn debate on the Bill until Thursday, March 8, which was agreed to.

H. 3285--DEBATE ADJOURNED

The following Bill was taken up:

H. 3285 (Word version) -- Reps. Scarborough, Limehouse, Harrell and Stavrinakis: A BILL TO AMEND SECTION 59-40-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE


Printed Page 1347 . . . . . Wednesday, March 7, 2007

BOARD OF TRUSTEES OF A CHARTER SCHOOL, SO AS TO PROVIDE THAT A CHARTER SCHOOL CHARTERED BEFORE 2006 MAY HAVE A MEMBER OF THE SCHOOL GOVERNING BODY WHO ALSO RECEIVES PAY AS AN EMPLOYEE OF THE SAME SCHOOL.

Rep. SCARBOROUGH explained the Bill.

Rep. SCARBOROUGH moved to adjourn debate on the Bill until Thursday, March 8, which was agreed to.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3646 (Word version) -- Reps. Funderburk, 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, 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, Rutherford, Sandifer, Scarborough, Scott, 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 COMMEMORATE THE SEVENTY-FIFTH ANNIVERSARY OF THE CAROLINA CUP RACES IN CAMDEN AND TO WISH ITS PARTICIPANTS ALL THE BEST IN THE 2007 COMPETITION.


Printed Page 1348 . . . . . Wednesday, March 7, 2007

H. 3647 (Word version) -- Reps. Hart, Scott, Sellers, 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, 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, Rutherford, Sandifer, Scarborough, 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 HONOR AND RECOGNIZE ALONZO SPRY OF RICHLAND COUNTY, DRIVER OF THE UNIVERSITY OF SOUTH CAROLINA GOLF TEAM, FOR HIS QUICK THINKING AND CALM DEMEANOR DURING A POTENTIALLY DANGEROUS TIRE BLOWOUT, AND TO WISH HIM ALL THE BEST IN HIS FUTURE ENDEAVORS.

H. 3656 (Word version) -- Reps. Govan, 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, 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, Rutherford, Sandifer, Scarborough, Scott, 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,


Printed Page 1349 . . . . . Wednesday, March 7, 2007

Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE SOUTH CAROLINA STATE UNIVERSITY ON RECEIVING THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS' ASSOCIATION OF THE UNITED STATES AND CANADA.

ADJOURNMENT

At 5:15 p.m. the House, in accordance with the motion of Rep. BRANTLEY, adjourned in memory of Mayor Ralph Tuten of Ridgeland, to meet at 10:00 a.m. tomorrow.

***

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