Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Ephesians 4:2-3: "With all humility and gentleness, with patience, bearing with one another in love, making every effort to maintain the unity of the spirit in the bond of peace."
Let us pray. Loving God, You speak words that give life, health, and healing. Direct our lives to produce fruit that reveals these gifts. Write these words on our hearts and in our minds. Help us to remember true strength lies in the living of these words. Bless our Nation, President, State, Governor, Speaker and all who labor in these Halls of government. In the Name of our Lord. Amen.

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

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

Rep. J. H. NEAL moved that when the House adjourns, it adjourn in memory of Mrs. Geneva Dennis Washington of Sumter, which was agreed to.

The House stood in silent prayer for Representative James Smith who is leaving for Afghanistan, his family and for all who are serving in the armed forces.

Document No. 3061
Agency: Department of Insurance
Statutory Authority: 1976 Code Section 38-91-10, et seq.
Termination of the SCAAIP Joint Underwriting Association and its wind up period
Received by Speaker of the House of Representatives
April 27, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration April 3, 2007
Withdrawn and Resubmitted February 2, 2007

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

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

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

H. 3162 (Word version) -- Reps. Walker, Cotty, Bales and Govan: 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.
Ordered for consideration tomorrow.

The following was introduced:

H. 3424 (Word version) -- Reps. Bannister, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, 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, 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 AND BEST WISHES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM COLONEL BY SECONDARY SCHOOL, OF GLOUCESTER, ONTARIO, CANADA, PARTICIPATING IN THE CULTURAL EXCHANGE PROGRAM WITH GREENVILLE SENIOR HIGH SCHOOL ACADEMY OF ACADEMIC EXCELLENCE, OF GREENVILLE COUNTY.

The Resolution was adopted.

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

H. 3425 (Word version) -- Reps. Whipper, Breeland, R. Brown, Harvin, Mack, F. N. Smith, J. R. Smith and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-7425 SO AS TO PROVIDE THAT A CHILD OR THE CHILD'S PARENT OR GUARDIAN MAY NOT WAIVE THE CHILD'S RIGHT TO COUNSEL WHEN THE FAMILY COURT PROCEEDING MAY RESULT IN DETENTION OR CONFINEMENT OF THE CHILD; AND TO AMEND SECTIONS 20-7-7215 AND 20-7-7415, RELATING TO FAMILY COURT DETENTION HEARINGS AND PREHEARING INQUIRIES AND INVESTIGATIONS, RESPECTIVELY, BOTH SO AS TO DELETE PROVISIONS ALLOWING A CHILD TO WAIVE THE RIGHT TO COUNSEL UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

H. 3426 (Word version) -- Reps. Whipper, Breeland, R. Brown, Harvin, Limehouse, Mack, F. N. Smith and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-75 SO AS TO PROVIDE THAT NO STUDENT ENROLLED IN GRADES 7-12 MAY BE RETAINED IN HIS PRESENT GRADE FOR THE NEXT SCHOOL YEAR EITHER AT HIS CURRENT SCHOOL OR AT ANOTHER SCHOOL OTHER THAN FOR ACADEMIC OR HEALTH REASONS WHICH ARE DOCUMENTED IN THE STUDENT'S INDIVIDUAL EDUCATION PLAN (IEP) OR IN OTHER RECORDS APPLICABLE TO THE STUDENT, AND TO PROVIDE THAT HEALTH REASONS DO NOT INCLUDE THOSE RELATING TO THE ATHLETIC ABILITIES OF THE STUDENT.
Referred to Committee on Education and Public Works

H. 3427 (Word version) -- Reps. Whipper, Cobb-Hunter, Jennings, Mack, F. N. Smith and J. R. Smith: 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 EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2007; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Referred to Committee on Judiciary

H. 3428 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND CHAPTER 28 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO RESERVE POLICE OFFICERS, SO AS TO PROVIDE FOR LAW ENFORCEMENT AGENCIES OF THE STATE TO APPOINT RESERVE OFFICERS IN THE SAME MANNER AS MUNICIPAL AND COUNTY LAW ENFORCEMENT AGENCIES.
Referred to Committee on Judiciary

H. 3431 (Word version) -- Rep. Crawford: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR VOLUNTEER STATE CONSTABLES DESIGNATED BY THE STATE LAW ENFORCEMENT DIVISION AS ADVANCED STATE CONSTABLES AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.
Referred to Committee on Ways and Means

H. 3434 (Word version) -- Reps. J. E. Smith, Anthony, Barfield, Whipper, Scott, R. Brown, Hodges, Govan, Duncan, Cato, Cooper, Mack, Pinson, Crawford, Cobb-Hunter, Coleman, Cotty, Funderburk, Hamilton, Hart, Hayes, Hosey, Howard, Jennings, Limehouse, Moss, J. H. Neal and Ott: A BILL TO AMEND CHAPTER 114, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA NATIONAL GUARD TUITION ASSISTANCE ACT, SO AS TO ENACT THE "SOUTH CAROLINA NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE FOR COLLEGE ASSISTANCE PROGRAM GRANTS TO BE ADMINISTERED BY THE COMMISSION ON HIGHER EDUCATION, TO PROVIDE ELIGIBILITY REQUIREMENTS TO QUALIFY FOR THE GRANTS, TO PROVIDE FOR FUNDING TO BE APPROPRIATED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL PROMULGATE REGULATIONS; TO AMEND SECTION 59-111-75, RELATING TO THE LOAN REPAYMENT PROGRAM FOR MEMBERS OF THE NATIONAL GUARD SERVING IN AREAS OF CRITICAL NEED, SO AS TO PROVIDE THAT THE LOAN REPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND PROVIDE THAT MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHO HAVE RECEIVED LOANS BEFORE THE 2007-08 ACADEMIC YEAR MAY CONTINUE TO RECEIVE THEIR LOANS AND HAVE THEIR LOANS FORGIVEN PURSUANT TO THE PROVISIONS UNDER WHICH THE LOAN PROGRAM BEGAN; AND TO REPEAL ARTICLE 6, CHAPTER 111, TITLE 59, RELATING TO ONE-HALF TUITION FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD.
Referred to Committee on Ways and Means

H. 3435 (Word version) -- Reps. Crawford and Bales: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF A VEHICLE SEIZED AS A RESULT OF ITS OPERATOR'S CONVICTION FOR DRIVING WITH A SUSPENDED DRIVER'S LICENSE OR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, SO AS TO PROVIDE THAT A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS WHILE HIS DRIVER'S LICENSE IS SUSPENDED MUST HAVE THE MOTOR VEHICLE HE DROVE WHEN HE COMMITTED THE OFFENSE CONFISCATED.
Referred to Committee on Judiciary

H. 3436 (Word version) -- Rep. Crawford: A BILL TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS DISCRETION AFTER CONSIDERING COMMENTS FROM THE LOCAL GOVERNMENTAL AUTHORITY THAT HAS JURISDICTION OVER THE PORTION OF HIGHWAY SUBJECT TO THE VEGETATION MANAGEMENT POLICY.
Referred to Committee on Education and Public Works

H. 3437 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-25 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES UPON APPLICATION MAY ISSUE WITHOUT CHARGE TEMPORARY HUNTING OR FISHING LICENSES UNDER THE TERMS AND CONDITIONS HE CONSIDERS APPROPRIATE FOR A PERIOD NOT TO EXCEED FORTY-EIGHT HOURS TO RESIDENTS OF THIS STATE PARTICIPATING IN HUNTING OR FISHING CHARITABLE EVENTS SPONSORED BY A NONPROFIT OR ELEEMOSYNARY ORGANIZATION FOR THE PURPOSE OF RAISING FUNDS OR ENGAGING IN EDUCATIONAL PROMOTIONAL ACTIVITIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3438 (Word version) -- Rep. Crawford: A BILL TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATES AND INCOME BRACKETS APPLICABLE FOR INDIVIDUALS, ESTATES, AND TRUSTS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO REDUCE THE TOP MARGINAL TAX RATE FROM SEVEN PERCENT TO 6.5 PERCENT AND TO UPDATE THE BRACKETS TO REFLECT PAST INFLATION ADJUSTMENTS, TO AMEND SECTION 12-6-520, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INDIVIDUAL INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT, AND TO DELETE REDUNDANT LANGUAGE, AND TO AMEND SECTION 12-21-620, RELATING TO THE RATES OF THE LICENSE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE THE TAX ON CIGARETTES FROM .35 CENTS FOR EACH CIGARETTE TO 5.35 CENTS ON EACH CIGARETTE.
Referred to Committee on Ways and Means

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

H. 3429 (Word version) -- Reps. Cato, Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, 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, 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 EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE NORTH GREENVILLE UNIVERSITY VARSITY FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2006 NATIONAL CHRISTIAN COLLEGE ATHLETIC ASSOCIATION VICTORY BOWL CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the North Greenville University varsity football team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2006 National Christian College Athletic Association Victory Bowl Championship title.

The Resolution was adopted.

The following was introduced:

H. 3430 (Word version) -- Reps. Cato, Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, 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, 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 RECOGNIZE AND COMMEND THE NORTH GREENVILLE UNIVERSITY VARSITY FOOTBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2006 NATIONAL CHRISTIAN COLLEGE ATHLETIC ASSOCIATION VICTORY BOWL CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

The Resolution was adopted.

The following was introduced:

H. 3432 (Word version) -- Reps. Walker and Skelton: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-FOUR SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2007 ALL-STATE ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.

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

The following was introduced:

H. 3433 (Word version) -- Reps. Moss, Phillips and Littlejohn: A HOUSE RESOLUTION TO CONGRATULATE THE GAFFNEY HIGH SCHOOL INDIANS VARSITY FOOTBALL TEAM FOR ITS OUTSTANDING WIN OF THE 2006 DIVISION I AAAA STATE CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH, PHIL STRICKLAND, ON AN EXCEPTIONAL, RECORD-BREAKING SEASON.

The Resolution was adopted.

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

Alexander              Allen                  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
Cooper                 Crawford               Dantzler
Delleney               Duncan                 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                   Mack                   Mahaffey
Merrill                Miller                 Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Owens                  Parks
Perry                  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            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Walker                 Weeks
White                  Whitmire               Williams
Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, February 6.

Paul Agnew                        Kenny Bingham
Tracy Edge                        James Lucas
Harry Ott                         Carl Anderson
Thad Viers                        Lewis E. Pinson
E. H. Pitts                       Bill Cotty
Walton McLeod                     Ralph Davenport
Todd Rutherford                   Jackson "Seth" Whipper
Harold Mitchell                   Jerry Govan

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

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

The SPEAKER granted Rep. W. D. SMITH a leave of absence for the week.

Announcement was made that Dr. Richard M. Kline of Mt. Pleasant is the Doctor of the Day for the General Assembly.

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. 3011 (Word version)
Date:   ADD:
02/06/07   TOOLE

Bill Number:   H. 3196 (Word version)
Date:   ADD:
02/06/07   HARRELL

Bill Number:   H. 3216 (Word version)
Date:   ADD:
02/06/07   TOOLE

Bill Number:   H. 3284 (Word version)
Date:   ADD:
02/06/07   J. R. SMITH

Bill Number:   H. 3376 (Word version)
Date:   ADD:
02/06/07   G. R. SMITH

Bill Number:   H. 3376 (Word version)
Date:   ADD:
02/06/07   BEDINGFIELD

Bill Number:   H. 3376 (Word version)
Date:   ADD:
02/06/07   STAVRINAKIS

Bill Number:   H. 3376 (Word version)
Date:   ADD:
02/06/07   J. R. SMITH

Bill Number:   H. 3376 (Word version)
Date:   ADD:
02/06/07   BOWEN

Bill Number:   H. 3397 (Word version)
Date:   ADD:
02/06/07   HASKINS

Bill Number:   H. 3398 (Word version)
Date:   ADD:
02/06/07   HASKINS

Bill Number:   H. 3148 (Word version)
Date:   REMOVE:
02/06/07   HERBKERSMAN

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

H. 3409 (Word version) -- Reps. Scarborough and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY AVIATION AUTHORITY'S MEMBERSHIP SHALL BE INCREASED BY TWO MEMBERS, AND TO PROVIDE THAT THESE MEMBERS SHALL BE THE CHAIRMAN AND VICE CHAIRMAN OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION, OR THEIR DESIGNEES.

H. 3155 (Word version) -- Reps. Walker, Littlejohn and Mahaffey: A BILL TO AMEND SECTION 13-1-1050, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS OF MEMBERS OF THE AERONAUTICS COMMISSION, SO AS TO PROVIDE THAT NO COMMISSION MEMBER MAY SERVE MORE THAN TWO CONSECUTIVE TERMS BUT MAY BE ELIGIBLE TO SERVE AGAIN FOUR YEARS AFTER THE EXPIRATION OF HIS TERM.

Rep. MILLER explained the Bill.

H. 3290 (Word version) -- Reps. Breeland, R. Brown, Mack, Miller, Scarborough, Stavrinakis and Whipper: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS 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.

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

H. 3345 (Word version) -- Reps. Ceips, Harrison, E. H. Pitts and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-618 SO AS TO DESIGNATE AUGUST 16TH EVERY YEAR AS SOUTH CAROLINA AIRBORNE HERITAGE DAY.

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.

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

The following was introduced:

H. 3439 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE NEWBERRY COLLEGE FOOTBALL TEAM FOR CAPTURING THE 2006 SOUTH ATLANTIC CONFERENCE CHAMPIONSHIP TITLE AND FOR ITS SEASON-ENDING NATIONAL RANKING OF NUMBER TWELVE IN THE AMERICAN FOOTBALL COACHES ASSOCIATION'S TOP TWENTY-FIVE POLL.

The Resolution was adopted.

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

H. 3440 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE NEWBERRY COLLEGE FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM FOR CAPTURING THE 2006 SOUTH ATLANTIC CONFERENCE CHAMPIONSHIP TITLE AND FOR THEIR SEASON-ENDING NATIONAL RANKING OF NUMBER TWELVE IN THE AMERICAN FOOTBALL COACHES ASSOCIATION'S TOP TWENTY-FIVE POLL.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Newberry College football team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them for capturing the 2006 South Atlantic Conference Championship title and for their season-ending national ranking of number twelve in the American Football Coaches Association's Top Twenty-Five Poll.

The Resolution was adopted.

The following was introduced:

H. 3441 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE NEWBERRY HIGH SCHOOL FOOTBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2006 CLASS AA UPPER STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

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

H. 3442 (Word version) -- Reps. Moss, Phillips and Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE SCHOOL OFFICIALS, ATHLETES, AND COACHES OF THE GAFFNEY HIGH SCHOOL VARSITY FOOTBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM FOR THEIR OUTSTANDING WIN OF THE 2006 DIVISION I AAAA STATE CHAMPIONSHIP, AND TO HONOR THEM ON AN EXCEPTIONAL, RECORD-BREAKING SEASON.

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, extend the privilege of the floor to the school officials, athletes, and coaches of the Gaffney High School Varsity Football Team at a date and time to be determined by the Speaker, to congratulate them for their outstanding win of the 2006 Division I AAAA State Championship, and honor them on an exceptional, record-breaking season.

The Resolution was adopted.

The following was introduced:

H. 3443 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO HONOR PROFESSOR CHARLES DAVID BROOKS III OF RICHLAND COUNTY FOR HIS OUTSTANDING ACCOMPLISHMENTS IN THE FIELDS OF EDUCATION AND THEATRE AND FOR HIS DEDICATED SERVICE TO THE BUTLER HERITAGE FOUNDATION AND TO THE STATE OF SOUTH CAROLINA.

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

The following was introduced:

H. 3444 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO HONOR DR. LUNS C. RICHARDSON OF SUMTER COUNTY FOR HIS OUTSTANDING ACCOMPLISHMENTS IN THE FIELD OF EDUCATION AND FOR HIS DEDICATED SERVICE TO THE BUTLER HERITAGE FOUNDATION LEGACY AND TO THE STATE OF SOUTH CAROLINA.

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

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

H. 3445 (Word version) -- Reps. Huggins, Bowen, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, 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, 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 DECLARE TUESDAY, FEBRUARY 6, 2007, AS "SOUTH CAROLINA REALTOR DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.

Whereas, a healthy, happy society must fulfill the desires and aspirations of the majority of its members while protecting the rights of each of its individual entities; and

Whereas, our citizens desire to live in communities where the wonders of our Creator are molded and preserved, and where the prosperity of the members of the society, as well as the animal and plant life indigenous to the environment, is protected and nurtured; and

Whereas, our society has been established and maintained and has prospered based on a recognition of the rights of each individual member, and many of the most important of these rights have been codified in our nation's Bill of Rights; and

Whereas, our forefathers found it prudent and wise to ensure the protection of an individual's property rights by establishing these rights in both the Fifth and Fourteenth Amendments to the United States Constitution; and

Whereas, homeownership provides a sense of security for South Carolina families and their children and results in better education, more secure neighborhoods, and a better quality of life for our children; and

Whereas, the purchase of a home for most South Carolinians is the single largest investment they will ever make; and

Whereas, all families in South Carolina regardless of race, color, religion, sex, handicap, familial status, or national origin should have the opportunity to pursue the American dream of homeownership; and

Whereas, housing affordability and choices should be market driven, based on the principles of free enterprise, so the American dream of homeownership can be protected and preserved for future generations of South Carolinians; and

Whereas, the South Carolina Association of Realtors has nearly twenty-two thousand members and has twenty-two local associations throughout the State; and

Whereas, the members of the South Carolina Association of Realtors provide diverse and specialized services in South Carolina in the purchase, sale, leasing, or appraisal of real property including residential, commercial, industrial, retail development, consulting services, estates, foreclosures, international affairs, investments, luxury homes, property management, and property rehabilitation; and

Whereas, in addition to the unmatched array of member programs, products, and services that the South Carolina Association of Realtors provide to its members, the association also provides critical real estate continuing education resources to real estate professionals in South Carolina through its Graduate Realtor Institute Program; and

Whereas, the South Carolina Association of Realtors has for many years developed and distributed uniform lease and other common real estate forms that are used and relied on by realtors in South Carolina; and

Whereas, beyond the services it provides to its members and real estate professionals, the South Carolina Association of Realtors has taken public-interest positions on local, regional, state, and federal issues relating to the protection of consumers and the real estate industry, including private property rights, seller disclosure initiatives, and against undue taxation; and

Whereas, the South Carolina Association of Realtors and its members are truly the keepers of the American dream of homeownership. Now, therefore,

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

That the members of the General Assembly, by this resolution, declare Tuesday, February 6, 2007, as "South Carolina Realtor Day" in order to recognize and honor the many outstanding realtors and real estate professionals in our State.

Be it further resolved that a copy of this resolution be forwarded to Robert L. Clement III, 2007 President of the South Carolina Association of Realtors.

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

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

H. 3446 (Word version) -- Rep. Jennings: A BILL 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.
On motion of Rep. JENNINGS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3447 (Word version) -- Reps. Cato, Harrell and Scarborough: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO EXAMINE THE PROPERTY AND CASUALTY INSURANCE CRISIS FACING OWNERS OF REAL PROPERTY SITUATED IN COUNTIES BORDERING THE ATLANTIC OCEAN, TO PROVIDE FOR THE MEMBERSHIP, POWERS, DUTIES, AND FUNCTIONS OF THE COMMITTEE, AND TO PROVIDE THAT THE COMMITTEE SHALL SUBMIT ITS REPORT AND RECOMMENDATIONS BY APRIL 1, 2007.
On motion of Rep. CATO, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3448 (Word version) -- Rep. Hart: A BILL TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES PERMITTED AND OTHER PROVISIONS ALLOWED IN CONSUMER FINANCE TRANSACTIONS, SO AS TO EXCLUDE "PAYDAY LOANS", KNOWN AS DEFERRED PRESENTMENT TRANSACTIONS; TO AMEND SECTION 34-39-140, RELATING TO APPLICATION OF THE PROVISIONS REQUIRING LICENSING OF A PERSON ENGAGED IN THE BUSINESS OF DEFERRED PRESENTMENT TRANSACTIONS, SO AS TO MAKE THE PROVISIONS APPLICABLE TO A PERSON ACTUALLY ENGAGED IN THAT BUSINESS WHILE PURPORTING TO ACT AS AN ENTITY THAT WOULD NOT BE REQUIRED OTHERWISE TO BE LICENSED; TO AMEND SECTION 34-39-180, SO AS TO LIMIT THE NUMBER AND THE AMOUNT OF A TRANSACTION FOR EACH CUSTOMER AND TO CAP THE ANNUAL INTEREST RATE CHARGEABLE IN A DEFERRED PRESENTMENT TRANSACTION TO THIRTY-SIX PERCENT; TO AMEND SECTION 34-39-200, RELATING TO LIMITATIONS ON LICENSES, SO AS TO RESTATE THE LIMIT OF ONE CONTRACT WITH A CUSTOMER AT A TIME; TO AMEND SECTION 37-3-201, RELATING TO THE ALLOWABLE LOAN FINANCE CHARGE FOR CONSUMER LOANS, AND SECTION 37-3-305, RELATING TO THE POSTING OF A MAXIMUM RATE SCHEDULE FOR CONSUMER LOANS, BOTH SO AS TO EXCLUDE THEIR APPLICABILITY TO A DEFERRED PRESENTMENT TRANSACTION.
Referred to Committee on Labor, Commerce and Industry

Rep. J. E. SMITH made a statement relative to his deployment.

Rep. J. E. SMITH moved that the House do now adjourn, which was agreed to.

At 1:19 p.m. the House, in accordance with the motion of Rep. J. H. NEAL, adjourned in memory of Mrs. Geneva Dennis Washington of Sumter, to meet at 10:00 a.m. tomorrow.

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