Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Isaiah 62:5: "As the bridegroom rejoices over the bride so shall your God rejoice over you."
Let us pray. Gracious God, thank You for making us Yours. Thank You for those along the way that have given support and encouragement to the efforts these men and women have achieved. Honor and glory belong to You, O Lord, for Your guiding and sustaining hand. Bless our Nation, President, State, Governor, Speaker and all who serve in these halls of government. Protect our defenders at home and abroad 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.

Rep. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of Lawrence Martin Weathers of Bowman, which was agreed to.

The following was received:

Columbia, S.C., March 22, 2007
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 a.m. today for the purpose of ratifying Acts.

On motion of Rep. HAGOOD the invitation was accepted.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 3543 (Word version) -- Reps. Funderburk and Mulvaney: A BILL TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY FIVE DAYS, AND TO REQUIRE THAT AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING EDUCATION REQUIREMENTS.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3258 (Word version) -- Reps. Hiott, Witherspoon, Frye, Duncan, Owens, M. A. Pitts and Rice: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON IN GAME ZONE 1 AND THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS; TO AMEND SECTION 50-11-430, AS AMENDED, RELATING TO BEAR HUNTING IN GAME ZONE 1, SO AS TO REVISE THE OPEN SEASON FOR TAKING BEAR, THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS, AND THE PROCEDURES WHICH MUST BE FOLLOWED WHEN A BEAR IS TAKEN, AND TO FURTHER PROVIDE FOR CERTAIN LAWFUL AND UNLAWFUL ACTIVITIES IN REGARD TO BEAR HUNTING.
Ordered for consideration tomorrow.

H. 3124 (Word version) -- Reps. Walker, Harrell, Harrison, Cotty, Bingham, Toole, D. C. Smith and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 59 SO AS TO PROVIDE FOR THE PUBLIC SCHOOL OPEN ENROLLMENT CHOICE PROGRAM IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR AN APPLICATION PROCESS FOR STUDENTS WISHING TO TRANSFER, TO PROVIDE RESPONSIBILITIES OF RECEIVING SCHOOL DISTRICTS, TO PROVIDE STANDARDS OF APPROVAL, PRIORITIES OF ACCEPTING STUDENTS, AND CRITERIA FOR DENYING STUDENTS, TO PROVIDE THAT THE PARENT IS RESPONSIBLE FOR TRANSPORTING THE STUDENT TO SCHOOL, TO PROVIDE FOR THE FUNDING OF THE OPEN ENROLLMENT CHOICE PROGRAM, TO PROVIDE THAT A STUDENT MAY NOT PARTICIPATE IN INTERSCHOLASTIC ATHLETIC CONTESTS DURING THE FIRST YEAR OF ENROLLMENT, TO PROVIDE THAT A RECEIVING DISTRICT SHALL ACCEPT CERTAIN CREDITS TOWARD A STUDENT'S REQUIREMENTS FOR GRADUATION, TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH CERTAIN ENTITIES FOR THE PROVISION OF SERVICES, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL CONDUCT AN ANNUAL SURVEY AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.

The following was introduced:

H. 3768 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO COMMEND EDITH L. CUNNINGHAM OF RICHLAND COUNTY FOR HER OUTSTANDING SERVICE AT BELLSOUTH UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER

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

The following was taken up for immediate consideration:

S. 532 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 14, 2007, AND FRIDAY, JUNE 15, 2007.

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

That Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Thursday, June 14, 2007, from 2:00 p.m. until 4:30 p.m., and on Friday, June 15, 2007, from 2:00 p.m. until 4:00 p.m. for its annual legislative activity. If either House is in statewide session, the chamber of that House may not be used.

Be it further resolved that the State House security officers shall provide assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.

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

The following was taken up for immediate consideration:

S. 594 (Word version) -- Senators Ryberg and Moore: A CONCURRENT RESOLUTION DESIGNATING THE THIRD WEEK IN APRIL 2007, AS "SHAKEN BABY SYNDROME AWARENESS WEEK",

Whereas, the month of April has been designated "National Child Abuse Prevention Month" as an annual tradition that was initiated in 1979 by former President Jimmy Carter; and

Whereas, the most recent National Child Abuse and Neglect Data System figures reveal that almost 900,000 children were victims of abuse and neglect in the United States in 2002, causing unspeakable pain and suffering to our most vulnerable citizens; and

Whereas, among the children who are victims of abuse and neglect, nearly four children die in the United States each day; and

Whereas, children aged one year or younger accounted for forty-one percent of all child abuse and neglect fatalities in 2002, and children aged four years or younger accounted for seventy-six percent of all child abuse and neglect fatalities in 2002; and

Whereas, abusive head trauma, including the trauma known as "Shaken Baby Syndrome", is recognized as the leading cause of death of physically abused children; and

Whereas, Shaken Baby Syndrome can result in loss of vision, brain damage, paralysis, seizures, or death; and

Whereas, a 2003 report in the Journal of the American Medical Association estimated that in the United States, an average of 300 children will die each year, and 600 to 1,200 more will be injured, of whom two-thirds will be babies or infants under one year in age, as a result of Shaken Baby Syndrome, with many cases resulting in severe and permanent disabilities; and

Whereas, medical professionals believe that thousands of additional cases of Shaken Baby Syndrome are being misdiagnosed or not detected; and

Whereas, the most effective solution for ending Shaken Baby Syndrome is to prevent the abuse, and it is clear that the minimal costs of education and prevention programs may prevent enormous medical and disability costs and immeasurable amounts of grief for many families; and

Whereas, prevention programs have demonstrated that educating new parents about the danger of shaking young children and how they can help protect their child from injury can bring about a significant reduction in the number of cases of Shaken Baby Syndrome; and

Whereas, education programs have been shown to raise awareness and provide critically important information about Shaken Baby Syndrome to parents, caregivers, daycare workers, child protection employees, law enforcement personnel, health care professionals, and legal representatives; and

Whereas efforts to prevent Shaken Baby Syndrome are supported by advocacy groups across the United States that were formed by parents and relatives of children who have been killed or injured by shaking, including the National Shaken Baby Coalition, the Shaken Baby Association, the Shaking Kills: Instead Parents Please Educate and Remember Initiative, commonly known as the "SKIPPER Initiative", the Shaken Baby Alliance, Shaken Baby Prevention, Inc., A Voice for Gabbi, Don't Shake Jake, the Kierra Harrison Foundation, and the Hannah Rose Foundation, whose mission is to educate the general public and professionals about Shaken Baby Syndrome and to increase support for victims and the families of the victims in the health care and criminal justice systems; and

Whereas, child abuse prevention programs and "National Shaken Syndrome Awareness Week" are supported by the National Shaken Baby Coalition, the National Center on Shaken Baby Syndrome, the Children's Defense Fund, the American Academy of Pediatrics, the Child Welfare League of America, Prevent Child Abuse America, the National Child Abuse Coalition, the National Exchange Club Foundation, the American Humane Association, the American

Whereas, a 2000 survey by Prevent Child Abuse America shows that approximately half of all citizens of the United States believe that, of all the public health issues facing the United States, child abuse and neglect is the most important issue; and

Whereas, it would be appropriate to observe the third week of April 2007, as "Shaken Baby Syndrome Awareness Week". Now, therefore,

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

That the members of the General Assembly of South Carolina, by this resolution, designate the third week of April as "Shaken Baby Syndrome Awareness Week", raise awareness regarding Shaken Baby Syndrome, and commend the hospitals, child care councils, schools, and other organizations that educate parents and caregivers on how to protect children from abuse.

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

The Senate sent to the House the following:

S. 606 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION HONORING THE RECIPIENTS OF THE MEDAL OF HONOR AND ENCOURAGING THE CONGRESSIONAL MEDAL OF HONOR SOCIETY TO HOLD ITS ANNUAL CONVENTION IN CHARLESTON IN 2009.

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

The following was taken up for immediate consideration:

S. 607 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY AS A VITAL PART OF THE STATE AND TO DECLARE MARCH 27, 2007, "YORK COUNTY DAY" IN SOUTH CAROLINA.

Whereas, York County is the state's third fastest growing county, with an increase exceeding fifteen percent during the past five years, and York County is home to 190,097 South Carolina citizens, representing 4.5 percent of the state's population; and

Whereas, York County's 2006 estimated assessment of real and manufacturing property exceeded 565 million dollars, which is a twenty-four percent increase from the previous year and represents over four percent of the state's total assessment of real and manufacturing property; and

Whereas, forty-one companies announced plans to locate or expand in York County in 2006, six more than in 2005; and

Whereas, last year's new economic development announcements in York County provided a total investment of over 182 million dollars for the State and the creation of over 1,281 jobs for South Carolinians, with both figures increasing at least twenty-eight percent from the prior year; and

Whereas, York County was the state's seventh best producing county in retail sales last year, with an eighteen percent increase over 2005, and York County provided more than 4.7 billion dollars to the state coffers and 3.5 percent of South Carolina's total retail sales; and

Whereas, the citizens of York County passed their own one cent sales tax in 1997 and again in 2003, collecting a total of 272 million dollars to be used to pay for critical improvements, which also enhances the efficiency of the state's road system; and

Whereas, York County is one of the top three counties in the State in the categories of median household income, percent of academically-gifted students, and starting salaries for new teachers and

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

That the members of the General Assembly of the State of South Carolina, by this resolution, recognize York County as a vital part of the State, and declare March 27, 2007, "York County Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to each Chamber of Commerce in York County.

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

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

H. 3769 (Word version) -- Reps. J. H. Neal, F. N. Smith, Rutherford, Govan, Clyburn, Cobb-Hunter, Hodges, Howard, Jefferson, McLeod and Ott: A BILL TO AMEND SECTION 40-22-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ENGINEERS AND LAND SURVEYORS, SO AS TO DELETE THE DEFINITION OF "ASSOCIATE PROFESSIONAL ENGINEER", DEFINE "NCEES EXAMINATION", AND AMEND THE DEFINITION OF "PROFESSIONAL ENGINEER"; AND TO AMEND SECTION 40-22-220, AS AMENDED, RELATING TO ELIGIBILITY REQUIREMENTS TO OBTAIN A LICENSE AS AN ENGINEER, SO AS TO REQUIRE THAT A PROFESSIONAL ENGINEER BE CERTIFIED AS AN ENGINEER-IN-TRAINING BEFORE BEING LICENSED, MAKE OTHER CHANGES TO THE REQUIREMENTS, AND PROVIDE THAT AN APPLICANT WILL RECEIVE HIS PROFESSIONAL ENGINEER LICENSE TO PRACTICE UPON PASSING THE NCEES EXAMINATION, PRINCIPLES, AND PRACTICE.
Referred to Committee on Labor, Commerce and Industry

H. 3771 (Word version) -- Reps. Harrison and Bales: A BILL TO AMEND SECTION 23-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON A SHERIFF, DEPUTY SHERIFF, OR SHERIFF'S CLERK FROM PRACTICING LAW OR HOLDING THE OFFICE OF CLERK OF COURT, SO AS TO REMOVE THE PROHIBITION REGARDING THE PRACTICE OF LAW.
Referred to Committee on Judiciary

H. 3772 (Word version) -- Reps. Spires, Brantley, Bingham, Frye and Haley: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESCRIPTIONS FOR CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT SCHEDULE II PRESCRIPTIONS IDENTICAL TO A PREVIOUSLY PRESCRIBED DRUG MAY NOT BE WRITTEN OR DISPENSED EARLIER THAN FORTY-EIGHT HOURS FROM THE DATE THE PREVIOUS PRESCRIPTION WOULD BE EXHAUSTED AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3774 (Word version) -- Reps. Spires, Frye, Brantley, Huggins, Lowe, Witherspoon, Bales, Ballentine, Bingham, Bowen, Ceips, Cobb-Hunter, Gambrell, Haley, Haskins, Herbkersman, Jefferson, Kelly, Knight, Leach, E. H. Pitts, Sandifer, Shoopman, G. R. Smith, Toole and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 117, TITLE 44 TO ENACT THE "SOUTH CAROLINA ELECTRONIC TRANSMISSION PRESCRIPTION ACT" SO AS TO

S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE

S. 579 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE ELECTED POSITION OF SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY IS ABOLISHED AS OF JULY 1, 2009, AND ALL POWERS AND DUTIES OF THE SUPERINTENDENT ARE DEVOLVED UPON THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY AND TO PROVIDE THAT IF A VACANCY OCCURS IN THAT OFFICE BEFORE JULY 1, 2009, THE OFFICE IS ABOLISHED AS OF THE DATE OF THE VACANCY; AND TO REPEAL SECTIONS 1, 4, AND 8 OF ACT 613 OF 1992, AS AMENDED, RELATING TO THE ELECTION, POWERS, AND DUTIES OF THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY.
Referred to Oconee Delegation

The following was introduced:

H. 3773 (Word version) -- Rep. Gullick: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MR. TERRY C. PLUMB OF ROCK HILL FOR NEARLY THIRTY-SEVEN YEARS OF DEDICATED SERVICE IN THE FIELD OF JOURNALISM UPON HIS RETIREMENT, AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

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

Alexander              Allen                  Anderson
Anthony                Bales                  Ballentine
Bannister              Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown

Cato                   Ceips                  Chalk
Chellis                Clyburn                Cobb-Hunter
Cooper                 Crawford               Dantzler
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                  Littlejohn             Loftis
Lowe                   Mack                   Mahaffey
McLeod                 Merrill                Miller
Moss                   J. M. Neal             Ott
Owens                  Parks                  Perry
Phillips               E. H. Pitts            Rice
Scarborough            Scott                  Shoopman
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 Weeks
White                  Whitmire               Williams
Witherspoon            Young

I came in after the roll call and was present for the Session on Thursday, March 22.

Jackson "Seth" Whipper            Fletcher Smith
W. E. "Bill" Sandifer             Lewis E. Pinson
Ralph Davenport                   Alan D. Clemmons
James Lucas                       Bakari Sellers
Harold Mitchell                   Gary Simrill
Bill Cotty                        Thad Viers
Denny Neilson                     Joseph Neal
Jerry Govan
Paul Agnew   Todd Rutherford

The SPEAKER granted Rep. COLEMAN a leave of absence for the day due to surgery.

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

Reps. YOUNG, CHELLIS, HARRELL and KNIGHT presented to the House the Fort Dorchester High School "Patriots" Wrestling Team, the Class AAAA Champions, their coaches and other school officials.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3019 (Word version)
Date:   ADD:
03/22/07   LEACH

Bill Number:   H. 3019 (Word version)
Date:   ADD:
03/22/07   HAMILTON

Bill Number:   H. 3019 (Word version)
Date:   ADD:
03/22/07   G. R. SMITH

Bill Number:   H. 3019 (Word version)
Date:   ADD:
03/22/07   CATO

Bill Number:   H. 3019 (Word version)
Date:   ADD:
03/22/07   BANNISTER

Bill Number:   H. 3019 (Word version)
Date:   ADD:
03/22/07   SHOOPMAN

Bill Number:   H. 3159 (Word version)
Date:   ADD:
03/22/07   HAMILTON

Bill Number:   H. 3159 (Word version)
Date:   ADD:
03/22/07   G. R. SMITH

Bill Number:   H. 3159 (Word version)
Date:   ADD:
03/22/07   LEACH

Bill Number:   H. 3159 (Word version)
Date:   ADD:
03/22/07   HASKINS

Bill Number:   H. 3159 (Word version)
Date:   ADD:
03/22/07   CATO

Bill Number:   H. 3159 (Word version)
Date:   ADD:
03/22/07   BEDINGFIELD

Bill Number:   H. 3159 (Word version)
Date:   ADD:
03/22/07   LOFTIS

Bill Number:   H. 3159 (Word version)
Date:   ADD:
03/22/07   LOWE

Bill Number:   H. 3273 (Word version)
Date:   ADD:
03/22/07   SPIRES

Bill Number:   H. 3273 (Word version)
Date:   ADD:
03/22/07   WHITE

Bill Number:   H. 3284 (Word version)
Date:   ADD:
03/22/07   WHITE

Bill Number:   H. 3427 (Word version)
Date:   ADD:
03/22/07   HAMILTON

Bill Number:   H. 3427 (Word version)
Date:   ADD:
03/22/07   G. R. SMITH

Bill Number:   H. 3427 (Word version)
Date:   ADD:
03/22/07   BEDINGFIELD

Bill Number:   H. 3427 (Word version)
Date:   ADD:
03/22/07   HASKINS

Bill Number:   H. 3499 (Word version)
Date:   ADD:
03/22/07   MITCHELL

Bill Number:   H. 3728 (Word version)
Date:   REMOVE:
03/22/07   OWENS

Bill Number:   H. 3728 (Word version)
Date:   REMOVE:
03/22/07   SKELTON

Bill Number:   H. 3737 (Word version)
Date:   REMOVE:
03/22/07   HIOTT

Bill Number:   H. 3737 (Word version)
Date:   REMOVE:
03/22/07   MITCHELL

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

H. 3724 (Word version) -- Rep. Coleman: A BILL TO DEVOLVE ALL OF THE POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES OF THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY AND THE FAIRFIELD COUNTY RECREATION DISTRICT UPON THE GOVERNING BODY OF FAIRFIELD COUNTY, AND TO PROVIDE A PROCEDURE FOR THE DEVOLUTION OF POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES; AND TO REPEAL ACT 1079 OF 1958 RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, AND ACT 1059 OF 1970 RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT.

H. 3379 (Word version) -- Reps. D. C. Smith, J. R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.

H. 3748 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO EXTEND FOR THE YEAR 2007 THE SEASON FOR COMMERCIAL FISHING FOR SHAD FOR THE SANTEE RIVER BELOW WILSON DAM INCLUDING THE REDIVERSION CANAL BELOW ST. STEPHEN DAM, NORTH SANTEE RIVER AND BAY, SOUTH SANTEE RIVER, AND ALL TRIBUTARIES AND DISTRIBUTARIES TO THEM, ENDS ON APRIL 15.

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

S. 529 (Word version) -- Senators Gregory, Ford and Campsen: A JOINT RESOLUTION TO EXTEND UNTIL MARCH 30, 2007, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.

The following Bill was taken up:

H. 3516 (Word version) -- Reps. Huggins, Mahaffey and Sandifer: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL

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

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

H. 3356 (Word version) -- Reps. G. M. Smith and Cato: A BILL TO AMEND SECTION 40-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSING COSTS OF INVESTIGATION AND PROSECUTION OF A CASE AGAINST A PERSON FOUND IN VIOLATION OF CHAPTER 11, TITLE 40, WHICH PROVIDES FOR THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT ASSESS SUCH COSTS; TO AMEND SECTION 40-11-370, AS AMENDED, RELATING TO THE PROHIBITION AGAINST ENGAGING IN CONSTRUCTION IN A NAME OTHER THAN THE EXACT NAME THAT APPEARS ON THE ENTITY'S CONTRACTOR'S LICENSE AND PROHIBITING ENFORCEMENT OF A CONTRACT IF THE ENTITY ENTERED THE CONTRACT IN A NAME OTHER THAN THE NAME THAT APPEARS ON THE ENTITY'S LICENSE, SO AS TO PROVIDE THAT AN ENTITY MAY NOT ENGAGE IN CONSTRUCTION UNDER A NAME OR A LICENSE NUMBER OTHER THAN THAT WHICH APPEARS ON THE ENTITY'S LICENSE AND TO PROVIDE THAT AN ENTITY MAY ONLY ENFORCE A CONSTRUCTION CONTRACT IF THE ENTITY EITHER ENTERED THE CONTRACT IN THE NAME THAT APPEARS ON THE ENTITY'S LICENSE OR IF THE CONTRACT CONTAINED THE LICENSE NUMBER THAT APPEARS ON THE ENTITY'S LICENSE.

Rep. CATO explained the Bill.

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3356 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3019 (Word version) -- Reps. Delleney, Jennings, M. A. Pitts, Haskins, Harrison, Viers, Leach, Hamilton, G. R. Smith, Cato, Bannister and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION, THE TERM "PERSON" INCLUDES AN UNBORN CHILD, THE TERM "UNBORN CHILD" MEANS A CHILD IN UTERO, AND TO PROVIDE CERTAIN EXCEPTIONS.

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

The following Bill was taken up:

H. 3159 (Word version) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer, Viers, Hamilton, G. R. Smith, Leach, Haskins, Cato, Shoopman, Bedingfield, Loftis and Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT RELIGIOUS REFERENCES TO GOD, A DEITY, OR A HIGHER POWER OF ANY DENOMINATION OR RELIGION MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7191AHB07), which was adopted:

(1)   the General Assembly has directed the Department of Archives and History of the State to encourage the study of historical documents;

(2)   there is a need to educate and inform the public about the history and background of American law;

(3)   the public buildings of this State and its political subdivisions are ideal forums to display educational and informational material regarding the history and background of American law; and

(4)   a basic knowledge of American constitutional history is important to the formation of civic virtue in our society.
SECTION 2.   Chapter 1, Title 10 of the 1976 Code is amended by adding:

"Section 10-1-168.   (A)   Notwithstanding another provision of law, each municipality, county, or other political subdivision of this State including, but not limited to, school boards are authorized to post the Foundations of American Law and Government display, as described in this section, in a visible, public location in the public buildings of this State and its political subdivisions.

(B)   The Foundations of American Law and Government display must include:

(1)   The Ten Commandments as extracted from Exodus Chapter 20;

(2)   The Magna Carta;

(3)   The Mayflower Compact, 1620;

(4)   The Declaration of Independence;

(5)   The Preamble to the United States Constitution;

(6)   The Bill of Rights of the United States Constitution;

(7)   'The Star-Spangled Banner' by Francis Scott Key;

(8)   The Pledge of Allegiance;

(9)   The Pledge to the South Carolina Flag;

(10)   The Preamble to the South Carolina Constitution;

(11)   The national motto 'In God We Trust'; and

(12)   Martin Luther King, Jr.'s 'I Have a Dream' speech.

(C)   Public representations of the Foundations of American Law and Government display may contain appropriate information together with a context for acknowledging the formative, historically significant documents in America's heritage as contained in subsection (B). The Department of Archives and History shall determine the appropriate

(1)   The Ten Commandments have profoundly influenced the formation of Western legal thought and the formation of our country. That influence is clearly seen in the Declaration of Independence, which declared that 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness'. The Ten Commandments provide the moral background of the Declaration of Independence and the foundation of our legal tradition;

(2)   In 1215, King John of England consented to the demands of his barons and agreed for The Magna Carta to be publicly read throughout the land. By this act he bound himself and 'our heirs, in all things and all places for ever' to grant to the people of his kingdom the rights pronounced in The Magna Carta. By signing The Magna Carta, King John brought himself and England's future rulers within the rule of law. The rule of law places a restraint on the exercise of arbitrary government power, and it places all people and civil government under law. The American patriots, therefore, waged war against England to preserve liberties originating in Thirteenth Century England. A distinction, however, is noted between The Magna Carta and the American concept of liberty. While The Magna Carta is a guarantee from a king that he will follow the law, the Constitution of the United States is the establishment of a government consisting of, and created for, 'We the People';

(3)   The Mayflower Compact was penned by William Bradford on November 11, 1620, on the Mayflower before the Pilgrims made landfall at Plymouth, Massachusetts. The Compact was the first written constitution in the New World. William Bradford described the reasoning behind the Compact when he stated in the Compact: 'This day, before we came to harbour, observing some not well affected to unity and concord, but gave some appearance of faction, it was thought good there should be an association and agreement, that we should combine together in one body, and to submit to such government and governors as we should by common consent agree to make and choose, and set our hands to this that follows, word for word';

(4)   Perhaps the single most important document in American history, The Declaration of Independence was, as Abraham Lincoln stated, the 'frame' into which the Framers placed the Constitution. The Declaration's fundamental premise is that one's right to 'Life, Liberty

(5)   During the debates on the adoption of the United States Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a 'bill of rights' that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered. The Bill of Rights is still a vital and powerful force in American government, shaping our laws and serving as a check on the exercise of government power;

(6)   Guarding the entrance to Baltimore harbor via the Patapsco River during the War of 1812, Fort McHenry faced almost certain attack by British forces. Major George Armistead, the stronghold's commander, was ready to defend the fort but he wanted a flag that would identify his position, one whose size would be visible to the enemy from a distance. The flag that was made for the fort was thirty feet by forty-two feet. Anxiously awaiting news of the battle's outcome was a Washington, D.C., lawyer named Francis Scott Key. Key had visited the enemy's fleet to secure the release of a Maryland doctor who had been abducted by the British after they left Washington. The lawyer had been successful in his mission, but he could not escort the doctor home until the attack ended. So he waited on a flag-of-truce sloop anchored eight miles downstream from Fort McHenry.
During the night, there had been only occasional sounds of the fort's guns returning fire. At dawn, the British bombardment tapered off. Had the fort been captured? Placing a telescope to his eye, Key trained it on the fort's flagpole. There he saw the large garrison flag catch the morning breeze. It had been raised as a gesture of defiance, replacing the wet storm flag that had flown through the night. Thrilled by the sight of the flag and the knowledge that the fort had not fallen, Key took a letter from his pocket and began to write some verses on the back of it. Later, after the British fleet had withdrawn, Key checked into a Baltimore hotel and completed his poem on the defense of Fort

(7)   The Preamble to the South Carolina Constitution celebrates the ideas of free government, justice, peace, happiness, and liberty. Government is a creation of 'the governed' and derives all its power from the consent of its people. The people, therefore, desiring a civilized society, created and ordained the Constitution of the State of South Carolina.

(D)   All documents which are included in a Foundations of American Law and Government display must be posted on paper not less than eleven by fourteen inches in dimension and must be framed in identically-styled frames. One document may not be displayed more prominently than another.

(E)   State funding may not be used for a Foundations of American Law and Government display."
SECTION 3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3159 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3465 (Word version) -- Reps. F. N. Smith, Whipper, Agnew, Allen, Anderson, Anthony, Bales, Bannister, Bowers, Branham, Brantley, Breeland, Ceips, Clyburn, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Funderburk, Govan, Hagood, Harrison, Hart, Hayes, Herbkersman, Hosey, Jefferson, Jennings, Kelly, Kennedy, Leach,

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7221AHB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 15-3-20(B), as contained in SECTION 1, page 1, lines 30 through 35, and inserting:
/   (B)   A civil action is commenced and the statute of limitations is tolled when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing. However, the court must grant an additional one hundred twenty days to complete service of process upon payment of an additional filing fee equivalent to the fee charged for the filing of a summons and complaint as set by the Supreme Court." /
Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3465 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3140 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 37-5-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES, SO AS TO CORRECT CROSS-REFERENCES TO THE UNIFORM COMMERCIAL CODE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11348AB07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 37-5-103(3) and (4) of the 1976 Code is amended to read:

"(3)   If the seller repossesses or voluntarily accepts surrender of goods that were not the subject of the sale but in which he has a security interest to secure a debt arising from a sale of goods or services or a combined sale of goods and services and the cash price of the sale was $1,500 or less, the consumer is not personally liable to the seller for the unpaid balance of the debt arising from the sale, and the seller's duty to dispose of the collateral is governed by the provisions on disposition of collateral (Part 5 of Chapter 9) of the Uniform Commercial Code in the Commercial Code, Chapter 9 of Title 36.

(4)   If the lender takes possession or voluntarily accepts surrender of goods in which he has a purchase money security interest to secure a debt arising from a consumer loan in which the lender is subject to claims and defenses arising from sales and leases (Section 37-3-410) and the net proceeds of the loan paid to or for the benefit of the consumer were $1,500 or less, the consumer is not personally liable to the lender for the unpaid balance of the debt arising from that loan and the lender's duty to dispose of the collateral is governed by the provisions on disposition of collateral (Part 5 of Chapter 9) of the Uniform Commercial Code in the Commercial Code, Chapter 9 of Title 36."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 3140 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3033 (Word version) -- Reps. Clemmons, Mahaffey and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-7-15 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, AND TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION.

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

The following Bill was taken up:

H. 3427 (Word version) -- Reps. Whipper, Cobb-Hunter, Jennings, Mack, F. N. Smith, J. R. Smith, Weeks, Gullick, Mulvaney, Hamilton, G. R. Smith, Bedingfield and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2008, AND TO PROVIDE AN

Rep. TALLEY explained the Bill.

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

The following Bill was taken up:

H. 3463 (Word version) -- Reps. Howard and Rutherford: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-90, 2-19-100, AND 2-19-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.

Rep. DELLENEY explained the Bill.

Reps. COBB-HUNTER, PERRY, LEACH, FRYE, PINSON, CEIPS, TAYLOR and MILLER requested debate on the Bill.

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:

H. 3711 (Word version) -- Reps. Sandifer and Whitmire: A BILL TO AMEND CHAPTER 25, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING THE CHAPTER KNOWN AS THE "JOINT MUNICIPAL WATER SYSTEMS ACT" AS THE "JOINT AUTHORITY WATER AND SEWER SYSTEMS ACT", SO AS TO PROVIDE FOR THE APPOINTMENT OF MEMBERS OF A JOINT AUTHORITY WATER AND SEWER SYSTEM COMMISSION, TO PROVIDE THAT A COMMISSION MAY CONSIST OF NO MORE THAN ELEVEN MEMBERS, TO PROVIDE THAT A CHANGE IN THE MEMBERSHIP OF A JOINT SYSTEM IS NOT FINAL UNTIL NOTICE OF THE CHANGE IS FILED WITH THE SECRETARY OF STATE, TO PROVIDE THAT A JOINT SYSTEM MAY ENTER A CONTRACT TO SELL WATER OR PROVIDE SEWER SERVICE, AMONG OTHER THINGS; AND TO MAKE CONFORMING AND TECHNICAL CHANGES THROUGHOUT THE CHAPTER.

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:

H. 3726 (Word version) -- Reps. Cato, Bannister, G. R. Smith, Bedingfield, Allen, Leach, Rice and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2025 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY.

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

H. 3161 (Word version) -- Reps. Walker, Mahaffey, Herbkersman, Cotty, Hagood, Scarborough and Stavrinakis: 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 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.

The following Concurrent Resolution was taken up:

H. 3407 (Word version) -- Reps. Ott, Clyburn, Cobb-Hunter, Hart, Hosey, Howard, Jefferson, Knight, McLeod, J. H. Neal, J. E. Smith and Williams: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 11, 2007, AS "SUNSHINE SUNDAY" AND MARCH 11-17, 2007, AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA" AND TO ENCOURAGE PARTICIPATION IN THESE ACTIVITIES COMMEMORATING OUR OPEN, DEMOCRATIC GOVERNMENT.

Whereas, the General Assembly has declared in the Freedom of Information Act "...that it is vital in a democratic society that public

Whereas, the Freedom of Information Act was enacted in 1978 and has provided a means whereby citizens and their representatives may learn and report fully the activities of their public officials at a minimum cost or delay; and

Whereas, the courts of South Carolina have consistently recognized that the purpose of the General Assembly in adopting the Freedom of Information Act was to prevent secret government action at all levels of government in this State; and

Whereas, the South Carolina Press Association is sponsoring and promoting Sunday, March 11, 2007, as "Sunshine Sunday" and March 11-17, 2007, as "Open Government Week in South Carolina"; and

Whereas, it is proper and fitting for the members of the General Assembly to pause in their deliberations to salute open government in South Carolina and to recognize the South Carolina Press Association for its important role in promoting open government. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, reaffirm their commitment to open government, recognize the importance of the Freedom of Information Act in accomplishing open government, and express appreciation to the South Carolina Press Association for its important role in promoting open government.

Be it further resolved that Sunday, March 11, 2007, is declared "Sunshine Sunday" and March 11-17, 2007, as "Open Government Week in South Carolina" and that all citizens are encouraged to participate in activities commemorating our open, democratic government.

The Concurrent Resolution was adopted and sent to the Senate.

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

Rep. KENNEDY moved to adjourn debate upon the following Bill until Tuesday, March 27, which was adopted:

H. 3575 (Word version) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J. M. Neal, Owens, E. H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S REMOVAL OF PERSONS APPOINTED TO CERTAIN STATE OFFICES, FOR CERTAIN REASONS, SO AS TO ADD DEPARTMENT OF TRANSPORTATION COMMISSIONERS TO THIS LIST OF PERSONS WHO MAY BE REMOVED FROM OFFICE BY THE GOVERNOR; TO AMEND SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT AND THEIR GOVERNING BODIES, SO AS TO PROVIDE FOR THE GOVERNING STRUCTURE OF THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 1-30-105, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO MAKE TECHNICAL CHANGES AND PROVIDE FOR THE ELECTION OF ITS GOVERNING AUTHORITY UNTIL FEBRUARY 15, 2008; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PUBLIC OFFICIALS WHO MUST FILE A STATEMENT OF ECONOMIC INTEREST, SO AS TO PROVIDE THAT DEPARTMENT OF TRANSPORTATION DISTRICT ENGINEERS MUST FILE A STATEMENT OF ECONOMIC INTEREST; TO AMEND SECTION 11-11-150, AS AMENDED, RELATING TO CALCULATING ESTIMATED STATE AND CORPORATE INCOME TAX REVENUES, AND THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT FORTY MILLION DOLLARS IN GENERAL FUND REVENUE COLLECTED DURING CERTAIN FISCAL YEARS MUST BE CREDITED TO THE DEPARTMENT OF

Rep. WALKER moved to adjourn debate upon the following Bill until Tuesday, March 27, which was adopted:

H. 3175 (Word version) -- Reps. Walker, Cotty, Harrell, Bales, Owens, Rice and D. C. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTION 59-35-10 AS ARTICLE 1, CHAPTER 35, TITLE 59, ENTITLED "KINDERGARTENS", AND BY ADDING ARTICLE 3 TO CHAPTER 35 OF TITLE 59 SO AS TO PROVIDE FOR THE SOUTH CAROLINA CHILD DEVELOPMENT EDUCATION PROGRAM FOR AT-RISK CHILDREN, TO DEFINE CERTAIN TERMS, TO PROVIDE AN ORDER OF PRIORITY IN WHICH AT-RISK CHILDREN MUST BE SERVED, TO PROVIDE ENROLLMENT AND THE ENROLLMENT APPLICATION PROCESS TO BE SUBMITTED TO THE OFFICE OF FIRST STEPS TO SCHOOL READINESS, TO PROVIDE FOR THE DUTIES OF PROGRAM PROVIDERS, TO PROVIDE THE DUTIES OF THE STATE DEPARTMENT OF EDUCATION, THE OFFICE OF FIRST STEPS TO SCHOOL READINESS, AND THE EDUCATION OVERSIGHT COMMITTEE, TO PROVIDE THE MINIMUM REQUIREMENTS FOR TEACHERS IN THE PROGRAM AND PROVIDE FOR PERSONNEL INSTRUCTION AND PROFESSIONAL DEVELOPMENT, TO PROVIDE FOR TRANSPORTATION OF CHILDREN TO AND FROM SCHOOL, TO PROVIDE THE DUTIES OF THE OFFICE OF FIRST STEPS TO SCHOOL READINESS TO PRIVATE PROVIDERS, TO PROVIDE FOR THE DUTIES OF THE DEPARTMENT OF EDUCATION TO PUBLIC PROVIDERS, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FUNDING FOR THE SOUTH CAROLINA CHILD DEVELOPMENT EDUCATION PROGRAM, TO PROVIDE FOR THE APPROVAL OF GRANTS FOR PRIVATE PROVIDERS, TO PROVIDE THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN REGARD TO THE PROGRAM, AND TO PROVIDE FOR AN EVALUATION OF THE PROGRAM BY THE EDUCATION OVERSIGHT COMMITTEE.

The following Bill was taken up:

H. 3463 (Word version) -- Reps. Howard and Rutherford: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-90, 2-19-100, AND 2-19-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.

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

Rep. STAVRINAKIS moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

At 11:30 a.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R4, S. 132 (Word version)) -- Senator Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-SIX INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.

(R5, S. 146 (Word version)) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Elliott, Fair, Alexander, Lourie and Setzler: AN ACT TO AMEND SECTION 23-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TRANSFER OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT ANY MUNICIPAL OR COUNTY LAW ENFORCEMENT OFFICER MAY BE TRANSFERRED OR ASSIGNED ON A TEMPORARY BASIS TO WORK WITHIN MULTI-JURISDICTIONAL TASK FORCES ESTABLISHED FOR THE MUTUAL AID AND BENEFIT OF THE PARTICIPATING JURISDICTIONS; AND TO AMEND SECTION 23-1-215, RELATING TO AGREEMENTS BETWEEN MULTIPLE LAW ENFORCEMENT JURISDICTIONS FOR THE PURPOSE OF CRIMINAL INVESTIGATIONS, SO AS TO PROVIDE THAT IN THE EVENT OF A CRIME OR CRIMES THAT HAVE OCCURRED WHERE MULTIPLE JURISDICTIONS ARE INVOLVED, LAW ENFORCEMENT OFFICERS ARE AUTHORIZED TO EXERCISE JURISDICTION WITHIN OTHER COUNTIES OR MUNICIPALITIES FOR PURPOSES OF THE CRIMINAL INVESTIGATIONS.

(R6, S. 208 (Word version)) -- Senator Richardson: AN ACT TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.

(R7, S. 294 (Word version)) -- Senator Fair: AN ACT TO AMEND SECTION 20-7-8303, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFENSES COMMITTED BY JUVENILES FOR WHICH RELEASE FROM THE DEPARTMENT OF

(R8, S. 330 (Word version)) -- Senators Hayes, Peeler, Short and Gregory: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

(R9, S. 408 (Word version)) -- Senators Short and Leatherman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO PROVIDE THAT A COUNTY'S DESIGNATION MAY NOT BE LOWERED IN CREDIT AMOUNT MORE THAN ONE TIER IN THE FOLLOWING YEAR AS A RESULT OF THE ANNUAL RANKING AND DESIGNATION OF COUNTIES BY THE DEPARTMENT OF REVENUE; TO MAKE A TRANSITIONAL PROVISION FOR THE 2006 TAX YEAR; AND TO AMEND 12-6-40, AS AMENDED, RELATING TO THE APPLICABILITY OF THE INTERNAL REVENUE CODE TO THE SOUTH CAROLINA TAX CODE, SO AS TO PROVIDE FOR THE APPLICABILITY OF THE 2006 INTERNAL REVENUE CODE.

(R10, H. 3063 (Word version)) -- Reps. Delleney, Harrison, Simrill, Taylor, Davenport, Sandifer, Barfield, Owens, E.H. Pitts, Rice, Walker, Toole, Viers, M.A. Pitts, Vick, Littlejohn, Mahaffey, Haskins, Young,

(R11, H. 3209 (Word version)) -- Rep. Cobb-Hunter: AN ACT TO AMEND ACT 456 OF 2006, RELATING TO THE CREATION, MEMBERS, AND DUTIES OF THE CHRONIC KIDNEY DISEASE TASK FORCE, SO AS TO PROVIDE THAT THE TASK FORCE SHALL SUBMIT ITS REPORT BEFORE APRIL 1, 2007.

(R12, H. 3226 (Word version)) -- Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe: AN ACT TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, OR OCCUPATION, AND TO DELETE THE REQUIREMENT PROHIBITING AN INDIVIDUAL OR BUSINESS WITH WHOM A PUBLIC OFFICIAL IS ASSOCIATED FROM REPRESENTING A PERSON BEFORE A LOCAL GOVERNMENT ENTITY FOR WHICH THE PUBLIC OFFICIAL IS A MEMBER.

(R13, H. 3335 (Word version)) -- Rep. Edge: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2006-2007 ALL INTEREST ACCRUING ON FUNDS COLLECTED AND HELD BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL

(R14, H. 3357 (Word version)) -- Rep. Jennings: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARLBORO COUNTY TRANSPORTATION COMMITTEE.

(R15, H. 3399 (Word version)) -- Rep. Harrell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 9 AND 10 AND NEW VOLUME 9A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2007.

(R16, H. 3446 (Word version)) -- Rep. Jennings: AN ACT TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO PROVIDE THAT THE MEMBERS ARE ELECTED FROM ELECTION DISTRICTS CORRESPONDING TO THE EIGHT SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF MARLBORO COUNTY ARE ELECTED.

(R17, H. 3492 (Word version)) -- Rep. Anthony: AN ACT TO REPEAL SECTION 12 OF ACT 79 OF 1955 AND SECTION 1 OF ACT 301 OF 1971, BOTH PREVIOUSLY CODIFIED AS PART OF SECTION 21-4172, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE OPERATION OF THE SCHOOL DISTRICT OF UNION COUNTY AND THE DETERMINATION OF THE RECOMMENDATIONS OF ITS BOARD OF TRUSTEES AND THE PROHIBITION OF CLOSING A HIGH SCHOOL IN UNION COUNTY WITHOUT A UNANIMOUS VOTE OF ITS TRUSTEES.

(R18, H. 3613 (Word version)) -- Rep. Taylor: AN ACT 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

The Senate returned to the House with concurrence the following:

H. 3758 (Word version) -- Reps. J. R. Smith, Clyburn, Hosey, Perry, D. C. Smith, Spires, Stewart, 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, 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, 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, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Stavrinakis, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR ROBERT A. PEDDE, PRESIDENT OF THE WASHINGTON SAVANNAH RIVER COMPANY, ON THE OCCASION OF HIS NEW ASSIGNMENT AS EXECUTIVE VICE PRESIDENT OF INTERNATIONAL GOVERNMENT NUCLEAR PROGRAMS FOR THE ENERGY AND ENVIRONMENT BUSINESS UNIT, AND TO COMMEND THE OUTSTANDING VISION AND LEADERSHIP MR. PEDDE HAS EXHIBITED DURING HIS YEARS AT THE SAVANNAH RIVER SITE.

At 11:40 a.m. the House, in accordance with the motion of Rep. COBB-HUNTER, adjourned in memory of Lawrence Martin Weathers of Bowman, to meet at 10:00 a.m. tomorrow.

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