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

Wednesday, May 23, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Jeremiah 17:7: "Blessed are those who trust in the Lord."
Let us pray. Almighty God, help us to trust in You. In doing the work of the people, give these men and women the strength, courage, and integrity to believe You care for them and will guide them in the duties they have been elected to perform. Keep them in Your love and care. Provide for them every needful thing. Bless our Nation, President, State, Governor, Speaker and all who serve in government and private enterprise. Protect our defenders of freedom 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.

MOTION ADOPTED

Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Primrose Nettles Green of Camden, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 22, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 322:

S. 322 (Word version) -- Senators Hayes, Hawkins, Vaughn, Peeler, Leatherman, Leventis, O'Dell, McConnell, Cromer, Patterson, Knotts, Land, Mescher, Martin and Alexander: 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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 22, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3711:

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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

S. 282--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 22, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 282:

S. 282 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3005 SO AS TO AUTHORIZE CERTAIN PROJECT DELIVERY METHODS FOR STATE PROCUREMENTS RELATING TO INFRASTRUCTURE FACILITIES; BY ADDING SECTION 11-35-3015 SO AS TO SPECIFY THE SOURCE SELECTION METHODS FOR THE TYPES OF AUTHORIZED PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3021 SO AS TO PROVIDE FOR SUBCONTRACTOR SUBSTITUTION; BY ADDING SECTION 11-35-3023 SO AS TO PROVIDE FOR PREQUALIFICATION ON STATE CONSTRUCTION; BY ADDING SECTION 11-35-3024 SO AS TO PROVIDE FOR CONTENTS OF A REQUEST FOR PROPOSALS AND EVALUATION FACTORS APPLICABLE TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3035 SO AS TO PROVIDE FOR THE REQUIREMENT OF ERRORS AND OMISSIONS INSURANCE TO COVER CERTAIN SERVICES DELIVERED PURSUANT TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3037 SO AS TO PROVIDE FOR OTHER FORMS OF SECURITY TO ENSURE PERFORMANCE; BY ADDING SECTION 11-35-3070 SO AS TO ALLOW THE GOVERNING BODY TO APPROVE NONMATERIAL CHANGE ORDERS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REDEFINE "CONSTRUCTION"; TO AMEND SECTION 11-35-1510, AS AMENDED, RELATING TO METHODS OF SOURCE SELECTION, SO AS TO PROVIDE FOR SELECTION METHODS IN CONNECTION WITH PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-1530, AS AMENDED, RELATING TO COMPETITIVE SEALED PROPOSALS, SO AS TO REQUIRE COMPETITIVE SEALED PROPOSALS FOR CONTRACTS FOR CERTAIN PROJECT DELIVERY METHODS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 11-35-2410, AS AMENDED, RELATING TO FINALITY OF DETERMINATIONS IN CONNECTION WITH COMPETITIVE SEALED BIDDING, SO AS TO INCLUDE REFERENCES TO CHOICE OF DELIVERY METHOD AND PREQUALIFICATION ON STATE CONSTRUCTION; TO AMEND SECTION 11-35-2910, AS AMENDED, RELATING TO CERTAIN SERVICES, SO AS TO INCLUDE DEFINITIONS PERTAINING TO THE VARIOUS AUTHORIZED PROJECT DELIVERY METHODS INCLUDING "DESIGN REQUIREMENTS", "INDEPENDENT PEER REVIEWER SERVICE", AND "INFRASTRUCTURE FACILITY"; TO AMEND SECTION 11-35-3010, AS AMENDED, RELATING TO ADMINISTRATION OF CONSTRUCTION CONTRACTING, SO AS TO SUBSTITUTE PROJECT DELIVERY METHOD FOR THE PROCESS AND "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO DELETE SOURCE SELECTION LANGUAGE, TO INCORPORATE NEW PROVISIONS ADDED IN EARLIER SECTIONS AND TO DELETE LANGUAGE DUPLICATIVE OF NEW PROVISIONS ADDED; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO BOND AND SECURITY SO AS TO PROVIDE THAT THE CONTRACT PRICE FOR PURPOSES OF A PAYMENT BOND OR PERFORMANCE BOND DOES NOT INCLUDE THE COST OF OPERATION, MAINTENANCE, AND FINANCE, AND TO ALLOW FOR NO SURETY DURING PRECONSTRUCTION OR DESIGN PHASES; TO AMEND SECTION 11-35-3210, AS AMENDED, RELATING TO APPLICABILITY AND POLICY IN CONNECTION WITH CERTAIN SERVICES, SO AS TO DELETE THE PROVISIONS REFERRING TO APPLICABILITY TO THOSE SERVICES; TO AMEND SECTION 11-35-3220, AS AMENDED, RELATING TO PROCUREMENT PROCEDURES, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3230, AS AMENDED, RELATING TO SMALL ARCHITECT-ENGINEERING AND LAND SURVEYING CONTRACTS, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3245, AS AMENDED, RELATING TO PERFORMING OTHER WORK, SO AS TO LIMIT ITS APPLICATION TO PROCUREMENTS FOR CONSTRUCTION USING THE DESIGN-BID-BUILD PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-3310, AS AMENDED, RELATING TO INDEFINITE DELIVERY CONSTRUCTION CONTRACTS, SO AS TO ADD A CROSS REFERENCE; AND TO REPEAL SECTION 11-35-1825, RELATING TO PREQUALIFICATION OF CONSTRUCTION BIDDERS.

Very respectfully,
President

On motion of Rep. COOPER, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. WHITE, EDGE and JENNINGS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES

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

H. 4087 (Word version) -- Reps. G. Brown, Lowe, J. H. Neal, G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 521 AND SOUTH CAROLINA HIGHWAY 441 IN SUMTER COUNTY THE "C. FRED MCLAUGHLIN MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "C. FRED MCLAUGHLIN MEMORIAL INTERCHANGE".
Ordered for consideration tomorrow.

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

H. 4097 (Word version) -- Reps. Ballentine, Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, 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 REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OLD TAMAH ROAD IN RICHLAND COUNTY FROM ITS INTERSECTION WITH KOON ROAD TO ITS INTERSECTION WITH OLD BRICKYARD ROAD "CORPORAL DAVID G. WEIMORTZ MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CORPORAL DAVID G. WEIMORTZ MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

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

S. 20 (Word version) -- Senators Elliott, Mescher, Cleary, Hutto, Lourie, Moore, Sheheen, Reese, Knotts, Leventis, Land, McGill, Rankin, Campsen, Grooms, Hawkins, Short and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.
Ordered for consideration tomorrow.

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

S. 235 (Word version) -- Senators Hayes, Thomas and Knotts: A BILL TO AMEND SECTIONS 34-26-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA CREDIT UNION ACT, SO AS TO REVISE THE DEFINITIONS OF "DEPOSIT ACCOUNT" AND "SHARE ACCOUNT"; 34-26-350, RELATING TO THE PRINCIPAL PLACE OF BUSINESS OF A CREDIT UNION, SO AS TO CLARIFY THAT THE CREDIT UNION MAY ESTABLISH AND CLOSE BRANCHES WITH THE APPROVAL OF THE BOARD OF FINANCIAL INSTITUTIONS; 34-26-420, RELATING TO POWERS INCIDENTAL TO THE PURPOSE OF CREDIT UNIONS, SO AS TO PROVIDE THAT THE POWERS GRANTED BY STATE LAW OR REGULATION TO A STATE-CHARTERED CREDIT UNION NOT EXCEEDING THOSE FOR A FEDERALLY-INSURED FINANCIAL INSTITUTION; 34-26-500, AS AMENDED, RELATING TO THE REQUIREMENTS OF MEMBERSHIP OF A CREDIT UNION, SO AS TO DELETE THE PROVISION THAT A CREDIT UNION PRESENTLY DOES NOT HAVE A CREDIT UNION SERVICE AVAILABLE, AND PROVIDE THAT THE BOARD APPROVAL IS NOT NECESSARY TO ADD GROUPS WITH NOT MORE THAN TWO HUNDRED FIFTY POTENTIAL MEMBERS INSTEAD OF ONE HUNDRED; 34-26-605, RELATING TO THE BOARD OF A CREDIT UNION, SO AS TO PROVIDE THAT THE BYLAWS MAY OFFER THE OPTION OF USING LOAN OFFICERS INSTEAD OF A CREDIT COMMITTEE; 34-26-750, RELATING TO THE OWNERSHIP INTERESTS IN SHARE ACCOUNTS, SO AS TO REQUIRE THAT CREDIT UNION BYLAWS MUST ESTABLISH MEMBERSHIP AND MEMBER'S RIGHT TO VOTE, OBTAIN LOANS, OR HOLD OFFICE; AND 34-26-860, AS AMENDED, RELATING TO THE LIMITATION ON THE SIZE OF LOAN SECURED BY REAL ESTATE, SO AS TO PROVIDE THAT LOAN TERMS FOR RESIDENTIAL DWELLINGS MAY NOT EXCEED FORTY INSTEAD OF THIRTY YEARS, AND TO PROVIDE THAT LOANS FOR CERTIFIED APPRAISALS MUST BE THE SAME AS FOR STATE-CHARTERED BANKS.
Ordered for consideration tomorrow.

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

S. 504 (Word version) -- Senators Leatherman, Gregory, Courson, Bryant, Alexander, Verdin, Elliott, Ritchie and Hayes: A BILL TO AMEND SECTION 6-9-40 OF THE 1976 CODE, RELATING TO THE BUILDING CODE ADOPTION PROCEDURE, TO PROVIDE THE PROCEDURE FOR MODIFYING AN EXISTING CODE IS THE SAME AS ADOPTING A CODE, AND TO PROVIDE THE PROCEDURE FOR AN EMERGENCY BUILDING CODE MODIFICATION.
Ordered for consideration tomorrow.

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

S. 334 (Word version) -- Senators Leventis, Hayes, Knotts, Drummond, Anderson and Ford: A BILL TO ADD SECTION 41-35-126, AND TO AMEND SECTION 41-35-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF BENEFITS TO AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT LEAVING AN EMPLOYER BECAUSE OF THE TRANSFER OF A SPOUSE FROM ONE MILITARY ASSIGNMENT TO ANOTHER DOES NOT DISQUALIFY A PERSON FROM THESE BENEFITS.
Ordered for consideration tomorrow.

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

S. 666 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTIONS 59-125-20 AND 59-125-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THEIR SELECTION, SO AS TO PROVIDE FOR TWO ADDITIONAL AT-LARGE MEMBERS OF THE BOARD AND FOR THE MANNER OF THEIR ELECTION AND TERMS OF OFFICE.
Ordered for consideration tomorrow.

Rep. LUCAS, from the Darlington Delegation, submitted a favorable report on:

H. 3911 (Word version) -- Reps. Lucas and Neilson: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN DARLINGTON 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.
Ordered for consideration tomorrow.

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

H. 3964 (Word version) -- Reps. Duncan, Loftis, G. R. Smith, Hinson, Crawford, Lowe, Bedingfield, Barfield, Chellis, Clemmons, Delleney, Hardwick, Hiott, Merrill, Scarborough, Witherspoon, Rice, Owens, Mahaffey, M. A. Pitts and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-250 SO AS TO PROVIDE THAT A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT MAY CARRY A CONCEALABLE WEAPON ON HIS PERSON WHILE ON THE PREMISES OR PROPERTY OF A PUBLIC EDUCATIONAL INSTITUTION; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE RESTRICTIONS PLACED UPON CARRYING A CONCEALABLE WEAPON INTO A SCHOOL OR COLLEGE EVENT.
Ordered for consideration tomorrow.

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

S. 99 (Word version) -- Senators Sheheen, Malloy and Ford: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES, THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PREFERENCE PRIMARIES, TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES, AND TO ESTABLISH THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND TO ALLOW TAXPAYERS TO CONTRIBUTE TO THE COST OF CONDUCTING THE PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS; TO AMEND SECTION 7-11-25, RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES, SO AS TO DELETE THE REFERENCES TO PRESIDENTIAL PREFERENCE PRIMARIES; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS THAT MAY BE DESIGNATED ON TAX RETURNS, SO AS TO PROVIDE THAT CONTRIBUTIONS MAY BE MADE TO THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND.
Ordered for consideration tomorrow.

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

S. 459 (Word version) -- Senators Sheheen, Leventis, Lourie, Bryant, Ford, Knotts and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-116-130 SO AS TO ENACT THE "JESSICA HORTON CAMPUS CRIME ACT" TO PROVIDE THAT CAMPUS POLICE OFFICERS SHALL NOTIFY AND WORK WITH LOCAL LAW ENFORCEMENT AGENCIES ON THE INVESTIGATION OF A DEATH OR A RAPE RESULTING FROM AN INCIDENT OCCURRING ON THE CAMPUS OF AN INSTITUTION OF HIGHER LEARNING.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4132 (Word version) -- Rep. F. N. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE EFIA NWANGAZA OF GREENVILLE COUNTY ON HER LIFETIME OF REMARKABLE ACCOMPLISHMENTS AS A HUMAN RIGHTS AND POLITICAL ACTIVIST AND TO HONOR HER DISTINGUISHED SERVICE TO MANY WORTHY NATIONAL AND INTERNATIONAL ORGANIZATIONS.

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

HOUSE RESOLUTION

The following was introduced:

H. 4133 (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 RECOGNIZE AND COMMEND THE CHRIST CHURCH EPISCOPAL SCHOOL BOYS GOLF TEAM OF GREENVILLE COUNTY FOR CAPTURING THE 2007 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S SUPERLATIVE PLAYERS, COACH, AND STAFF.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4134 (Word version) -- Rep. Walker: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE LANDRUM HIGH SCHOOL BASEBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4135 (Word version) -- Rep. Walker: A HOUSE RESOLUTION TO WELCOME BROOK WADDLE BACK TO HER HOME IN LANDRUM AND COMMEND HER FAITH AND COURAGE THROUGHOUT MORE THAN A YEAR AND A HALF OF RECOVERY FROM INJURIES.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 779 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE SPRING VALLEY HIGH SCHOOL BOYS SOCCER TEAM ON ITS IMPRESSIVE WIN OF THE 2007 CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS, HEAD COACH, DAVE CLARK, AND ASSISTANT COACH, JOHN POWELL, ON AN OUTSTANDING SEASON.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 780 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE A.C. FLORA HIGH SCHOOL BASEBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACH, AND STAFF.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 781 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE A.C. FLORA HIGH SCHOOL BOYS GOLF TEAM FOR CAPTURING THE 2007 CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S SUPERLATIVE PLAYERS, COACH, AND STAFF.

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

INTRODUCTION OF BILLS

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

S. 377 (Word version) -- Senators Ritchie, McConnell, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary, Setzler and Alexander: A BILL TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE INVESTMENT ACT OF 2007" TO PROVIDE THAT A RESIDENT TAXPAYER WHO CONSTRUCTS A COMMERCIAL BUILDING THAT MEETS THE STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL SHALL RECEIVE A TAX CREDIT, TO PROVIDE THAT A TAXPAYER WHO APPLIES FOR THE TAX CREDIT MAY PARTICIPATE IN AN EXPEDITED PERMIT PROCESS UPON THE POSTING OF AN ENVIRONMENTAL PERFORMANCE BOND, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ADMINISTER THE ARTICLE, AND TO PROVIDE THAT ANNUALLY THE GENERAL ASSEMBLY SHALL HONOR NOT MORE THAN FIVE TAXPAYERS WHO PROMOTE EFFECTIVE ENERGY AND ENVIRONMENTAL STANDARDS.
Referred to Committee on Labor, Commerce and Industry

S. 493 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.
Referred to Committee on Education and Public Works

S. 668 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-11-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF CHAPTER 11, TITLE 40 (CONTRACTORS LICENSING ACT), SO AS TO EXEMPT A PROJECT IF IT IS A METAL FARM BUILDING LESS THAN FIVE THOUSAND SQUARE FEET USED ONLY FOR LIVESTOCK OR STORAGE.
Referred to Committee on Labor, Commerce and Industry

S. 691 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE AND TO INCREASE THE PENALTY TO A MAXIMUM OF FIVE HUNDRED DOLLARS; BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO THE STUDY OF GAME ZONES RESTOCKED WITH WILD TURKEYS AND THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO SET OPEN AND CLOSED SEASONS ON MALE WILD TURKEYS, SO AS TO ALSO ENABLE THE DEPARTMENT TO SET OTHER OPEN AND CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO THE USE OF CROSS BOWS, SO AS TO STRIKE THE ENTIRE SECTION AND PROVIDE A DEFINITION OF ARCHERY EQUIPMENT AS USED IN THIS TITLE; TO AMEND SECTION 50-13-385, RELATING TO THE MINIMUM SIZE OF LARGEMOUTH BASS FROM LAKES MARION, MOULTRIE, AND WYLIE THAT A PERSON MAY TAKE OR POSSESS, SO AS TO INCLUDE ALL OF LAKE WYLIE INSTEAD OF THE PORTION OF LAKE WYLIE LOCATED IN YORK COUNTY AND IN GAME ZONE 4; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE THAT A LESSEE MAY USE ARTIFICIAL LIGHTS TO PROTECT HIS PROPERTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR A PUBLIC BOAT LANDING OR RAMP IN THE VICINITY OF A HYDROELECTRIC GENERATION UTILITY AND THE ESTABLISHMENT OF A NO WAKE ZONE, SO AS TO ELIMINATE THE REQUIREMENT THAT THE DEPARTMENT SHALL ISSUE AND POST SIGNS IN THE NO WAKE ZONE INFORMING THE PUBLIC OF THE NO WAKE ZONE; TO AMEND SECTION 50-21-180, AS AMENDED, RELATING TO THE PROHIBITION OF RIDING SURFBOARDS NEAR FISHING PIERS IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE; TO REPEAL SECTION 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; TO REPEAL SECTION 50-11-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING; TO REPEAL SECTION 50-11-550 RELATING TO THE UNLAWFUL DISCHARGE OF A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS; TO REPEAL SECTION 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2; TO REPEAL SECTION 50-13-65 RELATING TO AUTHORIZATION OF CLOSED SEASON ON STREAMS IN GAME ZONE 1; TO REPEAL SECTION 50-13-90 RELATING TO CLOSED SEASON ON TROUT; TO REPEAL SECTION 50-13-980 RELATING TO PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; TO REPEAL SECTION 50-13-1010 RELATING TO THE APPLICATION OF PROVISIONS IN ARTICLE 6; TO REPEAL SECTION 50-13-1020 AND CERTAIN DEFINITIONS; TO REPEAL SECTION 50-19-2220 RELATING TO CERTAIN WATERS OF THE SAVANNAH RIVER; TO REPEAL SECTION 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS IN CERTAIN WATERS OF THE SAVANNAH RIVER; AND TO REPEAL SECTION 50-19-3010 RELATING TO LAWFUL METHODS FOR CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

ROLL CALL

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Crawford
Dantzler               Delleney               Duncan
Edge                   Frye                   Funderburk
Gambrell               Gullick                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                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Walker                 Weeks                  Whipper
White                  Williams               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 23.

Nathan Ballentine                 William R. "Bill" Whitmire
Ralph Davenport                   Jerry Govan
Benjamin A. Hagood                Todd Rutherford
Thad Viers

Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. William B. Jones of Greenville was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. VICK presented to the House the Cheraw High School "Braves" Varsity Golf Team, the 2007 Class AA Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. GULLICK presented to the House the Fort Mill High School Mock Trial Team, the Class AAAA Champions, their coaches and other school officials.

CO-SPONSORS ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3219 (Word version)
Date:   ADD:
05/23/07   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4118 (Word version)
Date:   ADD:
05/23/07   MULVANEY

CO-SPONSOR ADDED

Bill Number:   H. 4118 (Word version)
Date:   ADD:
05/23/07   THOMPSON

CO-SPONSOR ADDED

Bill Number:   H. 4118 (Word version)
Date:   ADD:
05/23/07   PINSON

CO-SPONSOR ADDED

Bill Number:   H. 4118 (Word version)
Date:   ADD:
05/23/07   HALEY

CO-SPONSOR ADDED

Bill Number:   H. 4118 (Word version)
Date:   ADD:
05/23/07   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4118 (Word version)
Date:   ADD:
05/23/07   DUNCAN

CO-SPONSOR ADDED

Bill Number:   H. 4118 (Word version)
Date:   ADD:
05/23/07   BEDINGFIELD

SENT TO THE SENATE

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

H. 4111 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO CONSTRUCT, RENOVATE, AND REPAIR SCHOOL BUILDINGS IN THE COUNTY USING LEASE-PURCHASE FINANCING AGREEMENTS IN THE PRINCIPAL AMOUNT NOT TO EXCEED, IN THE AGGREGATE, SIXTY MILLION DOLLARS AND TO GIVE SPECIFIC POWERS TO THE BOARD AND PROVIDE FOR CERTAIN LIMITATIONS REGARDING LEASE-PURCHASE AGREEMENTS; TO DIRECT THE DILLON COUNTY AUDITOR TO LEVY MILLAGE IN SPECIFIED AMOUNTS SUBJECT TO CERTAIN LIMITATIONS; TO AUTHORIZE A REFERENDUM TO BE CONDUCTED IN DILLON COUNTY TO IMPOSE A SALES AND USE TAX FOR THE PURPOSE OF COLLECTING REVENUES TO PAY FOR EXPENSES RELATED TO A LEASE-PURCHASE AGREEMENT AND TO PROVIDE FOR THE METHOD OF IMPOSING, ADMINISTERING, AND COLLECTING THE TAX; AND TO REPEAL ACT 197 OF 2005, RELATING TO THE IMPOSITION OF A SALES AND USE TAX FOR SCHOOL INFRASTRUCTURE NEEDS.

H. 4081 (Word version) -- Rep. Cotty: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO THE SCHOOL BOARD OF TRUSTEES FOR KERSHAW COUNTY, SO AS TO PROVIDE COMPENSATION FOR MEMBERS OF THE BOARD IN THE AMOUNT OF TWO HUNDRED DOLLARS FOR THEIR ATTENDANCE AT EACH MEETING AND TO ALLOW THE SCHOOL BOARD TO ADJUST ITS SALARY AND EXPENSES, BY RESOLUTION, TO BE EFFECTIVE ON THE COMMENCEMENT DATE OF THE TERMS OF TWO OR MORE MEMBERS ELECTED AT THE NEXT GENERAL ELECTION FOLLOWING THE ADOPTION OF THE RESOLUTION.

H. 3632 (Word version) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J. R. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH A BACKGROUND CHECK IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE.

H. 3380 (Word version) -- Reps. Viers, Brantley, Dantzler, Harvin and Brady: A BILL TO AMEND SECTIONS 44-7-2430 AND 44-7-2440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO THE REQUIREMENT THAT HOSPITALS COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON HOSPITAL ACQUIRED INFECTION RATES, SO AS TO ALSO REQUIRE HOSPITALS TO COLLECT DATA AND SUBMIT REPORTS ON DEATHS RESULTING FROM HOSPITAL ACQUIRED INFECTIONS.

H. 4072 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY 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 CORRECT ARCHAIC REFERENCES.

H. 3934 (Word version) -- Reps. McLeod, Jennings, Allen, Haskins, G. M. Smith and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "JUDICIAL ENHANCEMENT ACT", BY ADDING SECTION 14-17-380 SO AS TO DIRECT EACH COUNTY CLERK OF COURT TO REPORT CERTAIN INFORMATION TO COURT ADMINISTRATION REGARDING INDICTMENTS; BY ADDING ARTICLE 3 TO CHAPTER 27, TITLE 15 SO AS TO PROVIDE A PROCEDURE FOR THE ASSIGNMENT OF A SINGLE CIRCUIT COURT JUDGE TO COMPLEX CIVIL ACTIONS; BY ADDING SECTION 20-7-405 SO AS TO EMPOWER A FAMILY COURT JUDGE TO APPOINT A HEARING OFFICER TO HEAR MATTERS INSTITUTED IN THE FAMILY COURT; BY ADDING SECTION 20-7-425 SO AS TO FACTORS FOR THE FAMILY COURT TO CONSIDER WHEN DETERMINING ATTORNEY'S FEES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE IN ALL CIVIL ACTIONS, FOR ISSUING A SUMMONS AND COPY FOR THE DEFENDANT, AND FOR FILING JUDGMENT WITH OR WITHOUT A HEARING FROM FORTY-FIVE DOLLARS TO ONE HUNDRED TWENTY DOLLARS; TO AMEND SECTION 17-27-70, RELATING TO POST-CONVICTION RELIEF PROCEDURES, SO AS TO REVISE THE PROCEDURE FOR JUDICIAL REVIEW OF POST-CONVICTION RELIEF FILINGS TO INCLUDE THE ISSUANCE OF A CERTIFICATE OF PROBABLE CAUSE; TO AMEND SECTION 22-3-10, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES COURTS, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 22-3-545, RELATING TO TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATES COURT, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE THAT A CASE MAY BE TRANSFERRED TO MAGISTRATES COURT IF THE PENALTY FOR THE CRIME DOES NOT EXCEED ONE YEAR OR IS A CRIME CLASSIFIED AS A MISDEMEANOR; AND TO AMEND SECTION 24-13-150, RELATING TO SERVICE OF A SENTENCE BY A PERSON WHO COMMITS A "NO PAROLE OFFENSE", SO AS TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO FURTHER REDUCE AN OFFENDER'S SENTENCE BELOW THE MANDATED EIGHTY-FIVE PERCENT REQUIREMENT DOWN TO SEVENTY-FIVE PERCENT UNDER CERTAIN CIRCUMSTANCES.

H. 3176 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 61-6-4550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON OFFERING DISCOUNT PRICES FOR THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AT CERTAIN TIMES, SO AS TO ALSO PERMIT DISCOUNT SALES ON ONE FULL DAY OF THE WEEK.

H. 3852 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S EMERGENCY HEALTH POWERS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-320, RELATING TO POWERS AND DUTIES REGARDING SAFE DISPOSAL OF HUMAN REMAINS, SO AS TO SPECIFY THAT EXISTING PROVISIONS IN THE STATE EMERGENCY OPERATIONS PLAN GOVERN THE DISPOSAL OF REMAINS AND IF THE PLAN IS NOT SUFFICIENT, MEASURES MAY BE ADOPTED RELATING TO, AMONG OTHER THINGS, DEATH CERTIFICATE AND AUTOPSY PROCEDURES; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO CHANGE A MISDEMEANOR OFFENSE TO A FELONY OFFENSE FOR FAILING TO COMPLY WITH THE DEPARTMENT'S ISOLATION AND QUARANTINE RULES AND ORDERS AND TO PROHIBIT AN EMPLOYER FROM FIRING, DEMOTING, OR DISCRIMINATING AGAINST AN EMPLOYEE COMPLYING WITH AN ISOLATION OR QUARANTINE ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT THE ISOLATION AND QUARANTINING OF INDIVIDUALS AND GROUPS UNDER OTHER PROVISIONS OF LAW MUST BE CARRIED OUT PURSUANT TO THIS SECTION; AND TO AMEND SECTION 44-4-570, RELATING TO ADDITIONAL EMERGENCY HEALTH POWERS AND PROCEDURES REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO FURTHER SPECIFY THE USE OF IN-STATE AND OUT-OF-STATE VOLUNTEER HEALTH CARE PROVIDERS, TO PROVIDE THAT IMMUNITY FROM LIABILITY FOR VOLUNTEER HEALTH CARE PROVIDERS IN A STATE OF PUBLIC HEALTH EMERGENCY APPLIES WHETHER OR NOT THE VOLUNTEER RECEIVES FINANCIAL GAIN FOR THE VOLUNTEER SERVICES, AND TO PROVIDE SUCH IMMUNITY TO EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS.

H. 4099 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO OFFICE BASED SURGERY, DESIGNATED AS REGULATION DOCUMENT NUMBER 3079, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 603 (Word version) -- Senators Grooms, Pinckney and Matthews: A BILL TO AMEND ACT 117 OF 1961, AS AMENDED, RELATING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE ANNUAL SALARY AND PER-MEETING EXPENSE ALLOWANCE MUST BE DETERMINED BY THE BOARD.

S. 610 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS, INCLUDING LIMITATIONS ON QUANTITIES PRESCRIBED, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES III THROUGH V MUST NOT EXCEED A NINETY-DAY SUPPLY.

S. 182 (Word version) -- Senators Fair, Campsen, Richardson, Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE DEPARTMENT OF COMMERCE SHALL DEVELOP AND MAINTAIN A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DEDUCT CERTAIN AMOUNTS FROM THE GROSS EARNINGS OF THE INMATES ENGAGED IN PRISON INDUSTRY SERVICE WORK.

S. 391 (Word version) -- Senators Knotts, Elliott, Grooms, Drummond, Ford, Anderson, McGill and Mescher: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE ALSO SHALL MEET WITH THE CORONER FROM THE COUNTY IN WHICH CHILD DEATHS OCCUR; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.

H. 3782--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3782 (Word version) -- Reps. Rice, Hiott and Owens: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO REDUCE FROM THREE TO ONE THE NUMBER OF AT-LARGE MEMBERS OF THE BOARD, TO PROVIDE THAT THE AT-LARGE MEMBER OF THE BOARD SHALL SERVE AS ITS CHAIRMAN, AND TO MAKE CONFORMING CHANGES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS INCLUDING PROVIDING FOR THE ELECTION OF THE AT-LARGE MEMBER TO SERVE AS CHAIRMAN.

Reps. OWENS, RICE and HIOTT proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18856MM07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 1 of Act 260 of 1981, as last amended by Act 182 of 1995, is further amended to read:

"Section 1.   Notwithstanding any other another provision of law, the Public Educational System of Pickens County shall be is directed and managed by the Board of Trustees of the School District of Pickens County. The board shall must be comprised of nine six members, six all of whom shall must be qualified electors from each of the districts for which members of the county governing body of Pickens County are elected and three shall be elected from the county at large. The . A current at-large members shall be elected from the county at large for terms of four years each, and until their successors are elected or appointed and qualify, provided that beginning with the 1998 election, the three at-large seats shall be numbered consecutively as Seats 7, 8, and 9 respectively, and candidates for these offices shall file for and be elected from the county at large from specific at-large seats. In addition, in order to stagger the terms of the at-large members, of the three at-large members elected in 1998, Seats 7 and 8 shall serve terms of four years each and Seat 9 shall serve a term of two years. Thereafter, all at-large members shall be elected for terms of four years each member holding Seat 7, 8, or 9 shall continue to serve until his term is ended or he vacates the at-large seat for whatever reason, whichever occurs first. Upon the end of the term or the earlier vacation of the at-large seat, that at-large seat no longer exists. Only those electors residing in the particular district shall be are eligible to vote for each of the six single-member trustees representing the district. The current trustees from the single-member districts shall be elected for terms of four years continue to serve until their four-year terms expire and until their successors are elected or appointed and qualify.

All members of the board of trustees shall must be elected in a nonpartisan election at the time of the general election in the year in which their terms expire.

Upon the termination of the term of each single-member district trustee, his successor shall must be a qualified elector of the same district and shall must be elected in a nonpartisan election to be held at the same time as the general election preceding the expiration date by the qualified electors of the district for a term of four years and until his successor is elected and qualifies. Vacancies on the board shall be filled for the remainder of the unexpired term by appointment by a majority of the members of the board of trustees. the If a single-member district seat is vacated before the end of its term, the seat must be filled for the remainder of the term by way of a special election conducted in the same manner. The board of trustees shall elect the a chairman and such other officers as it considers necessary."
SECTION   2.   Section 1A. of Act 260 of 1981, as last amended by Act 152 of 2001, is further amended to read:

"Section 1A.   All persons desiring to qualify as a candidate shall file written notice of their candidacy with the county registration and elections commission as prescribed by Section 7-13-352 of the 1976 Code. A notice of candidacy shall not be filed earlier than August first, or if August first falls on a Sunday, not earlier than the following Monday; except that, in the case of a special election to fill a vacated seat, the commission shall set the appropriate filing date. This notice of candidacy must be a sworn statement and shall include the candidate's name, age, voting precinct, single-member election district in which the candidate resides if a candidate for a seat on the board from one of the six single-member election districts, seat number the candidate desires to file for if a candidate for one of the three numbered at-large seats on the board, period of residence in the single-member election district or school district as applicable, and any other information the county registration and elections commission requires.

At the time of filing written notice of his candidacy with the county registration and elections commission, a candidate also shall pay a filing fee equal to one percent of the total salary for the term of this office or one hundred dollars, whichever amount is greater. These filing fees must be used to offset the costs of the elections.

The county commissioners of registration and elections shall conduct and supervise all elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election sixty days preceding the election in the newspapers of general circulation published in Pickens County and shall publish a second notice two weeks thereafter. The cost of the elections is borne by Pickens County. The results of the election must be determined in accordance with the nonpartisan plurality method prescribed by Section 5-15-61 of the 1976 Code."
SECTION   3.   Sections 2 and 3 of Act 260 of 1981 are hereby repealed.
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Yeas 3; Nays 1

Those who voted in the affirmative are:

Hiott                  Owens                  Rice

Total--3

Those who voted in the negative are:

Skelton

Total--1

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

RECORD FOR VOTING

I voted against H. 3782 because I believe this leads to the disenfranchisement of voters who are reduced to voting for one candidate rather than four.

Rep. B. R. Skelton

S. 139--FREE CONFERENCE POWERS GRANTED

Rep. COTTY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.

The yeas and nays were taken resulting as follows:

Yeas 84; Nays 5

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
G. Brown               R. Brown               Cato
Clemmons               Clyburn                Cooper
Cotty                  Dantzler               Delleney
Frye                   Funderburk             Gambrell
Govan                  Gullick                Haley
Hamilton               Hardwick               Harrell
Hart                   Harvin                 Hayes
Herbkersman            Hinson                 Hiott
Hodges                 Jefferson              Jennings
Kelly                  Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Lowe                   Lucas                  McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Rice                   Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Toole
Walker                 Weeks                  White
Whitmire               Williams               Young

Total--84

Those who voted in the negative are:

Duncan                 Loftis                 Mahaffey
M. A. Pitts            Thompson

Total--5

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. COTTY, J. H. NEAL and LIMEHOUSE to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

ORDERED ENROLLED FOR RATIFICATION

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

S. 95 (Word version) -- Senators Cleary and Ford: A BILL TO AMEND SECTION 40-15-172 OF THE 1976 CODE, RELATING TO MOBILE DENTAL FACILITIES, TO PROVIDE THAT A REGISTRANT MUST KEEP RECORDS AT A CENTRAL OFFICE LOCATION OR AT THE PORTABLE DENTAL OPERATION, AND TO PROVIDE THAT IN THE INSTANCE OF A FEE FOR SERVICE PATIENT, THE REGISTRANT MUST PROVIDE THE PATIENT WITH A DESCRIPTION OF THE FEES ASSOCIATED WITH THE TREATMENT.

S. 481 (Word version) -- Senators Anderson and Fair: A BILL TO AMEND CHAPTER 1, TITLE 24 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF CORRECTIONS, TO ESTABLISH AN ORGAN AND TISSUE DONOR PROGRAM IN THE DEPARTMENT, TO PROVIDE WHO AND IN WHAT MANNER DONATIONS MAY BE MADE, TO PROVIDE THAT INFORMATION REGARDING BONE MARROW DONATIONS MUST BE PROVIDED TO PRISONERS, TO PROVIDE THAT THE DEPARTMENT IS NOT RESPONSIBLE FOR COSTS ASSOCIATED WITH TESTS OR PROCEDURES REQUIRED TO MAKE AN ORGAN DONATION, TO PROVIDE THAT THE DEPARTMENT IS RESPONSIBLE FOR COSTS ASSOCIATED WITH TRANSPORTATION OF A DONOR AND OPERATIONAL SECURITY, TO PROVIDE THAT PRISONERS MUST BE PROVIDED WITH DONOR FORMS IN COMPLIANCE WITH THE ANATOMICAL GIFT ACT, TO PROVIDE THAT THE DEPARTMENT, IN CONSULTATION WITH APPROPRIATE MEDICAL AUTHORITIES, MUST PROMULGATE REGULATIONS AND ESTABLISH PROCEDURES TO FACILITATE PRISONER DONATIONS OF ORGANS, TISSUE, OR BONE MARROW, AND TO PROVIDE THAT ALL ORGAN AND TISSUE DONATIONS MADE PURSUANT TO THIS SECTION MUST BE ON A VOLUNTARY BASIS.

S. 656--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, May 24, which was adopted:

S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler and Land: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE A PERMANENT EXEMPTION FOR UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS BEGINNING THE JULY FIRST THAT THE PHASE-DOWN OF THE STATE SALES TAX RATE ON UNPREPARED FOOD ATTAINS ZERO.

OBJECTION TO RECALL

Rep. BEDINGFIELD asked unanimous consent to recall H. 3148 (Word version) from the Committee on Judiciary.
Rep. SELLERS objected.

S. 310--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 310 (Word version) -- Senators Hayes, Setzler and Gregory: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.

OBJECTION TO RECALL

Rep. THOMPSON asked unanimous consent to recall H. 3709 (Word version) from the Committee on Ways and Means.
Rep. SCOTT objected.

OBJECTION TO RECALL

Rep. M. A. PITTS asked unanimous consent to recall S. 392 (Word version) from the Committee on Judiciary.
Rep. HART objected.

S. 493--RECALLED FROM COMMITTEE ON
EDUCATION AND PUBLIC WORKS

On motion of Rep. WALKER, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

S. 493 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.

OBJECTION TO RECALL

Rep. KIRSH asked unanimous consent to recall H. 3076 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

H. 3955--SENATE AMENDMENTS CONCURRED IN

The Senate Amendments to the following Concurrent Resolution were taken up for consideration:

H. 3955 (Word version) -- Reps. Bedingfield, Miller, G. R. Smith, Cato, Bannister, Scarborough, Shoopman, M. A. Pitts, Duncan, Sandifer, Cooper, Merrill, Crawford, Jennings, Mulvaney, J. M. Neal, G. M. Smith and Loftis: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE HARLEY OWNERS GROUP OF SOUTH CAROLINA AND TO PROCLAIM SEPTEMBER 22, 2007, H.O.G. DAY IN SOUTH CAROLINA.

Rep. BEDINGFIELD explained the Senate Amendments.

The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.

H. 3355--POINT OF ORDER

The Senate Amendments to the following Bill were taken up for consideration:

H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M. A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G. M. Smith, Toole, G. R. Smith, Pinson and Bingham: A BILL TO AMEND SECTION 44-41-330 OF THE 1976 CODE, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, TO PROVIDE THAT A PHYSICIAN WHO PERFORMS AN ULTRASOUND PRIOR TO PERFORMING AN ABORTION MUST INFORM THE WOMAN THAT SHE HAS THE RIGHT TO VIEW THE ULTRASOUND IMAGES AND UPON HER REQUEST THE PHYSICIAN MUST SHOW THE IMAGES TO THE WOMAN AND PROVIDE A MEDICAL EXPLANATION OF THE IMAGES, TO PROVIDE THAT A PHYSICIAN NOT REQUIRED TO PERFORM AN ULTRASOUND PRIOR TO PERFORMING AN ABORTION MUST INFORM THE WOMAN THAT ULTRASOUND SERVICES ARE AVAILABLE TO HER AND PROVIDE HER WITH A LIST OF LOCATIONS WHERE AN ULTRASOUND MAY BE PERFORMED FREE OF CHARGE, TO PROVIDE THAT IF THE PHYSICIAN OR ALLIED HEALTH PROFESSIONAL PERFORMS AN ABORTION THE PRINTED MATERIALS MAY NOT BE PRESENTED TO HER SOONER THAN TEN MINUTES BEFORE THE ULTRASOUND IS PERFORMED, TO PROVIDE THAT THE WOMAN MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS BEEN INFORMED OF HER RIGHT TO VIEW THE IMAGES, TO PROVIDE THAT UNEMANCIPATED MINORS AND PEOPLE ADJUDICATED TO BE INCOMPETENT ARE EXEMPT FROM THE PROVISIONS OF THIS ACT, TO AMEND CHAPTER 41, TITLE 44 TO ADD SECTION 44-41-35 TO PROVIDE THE CIRCUMSTANCES UNDER WHICH AN ULTRASOUND MUST BE PERFORMED PRIOR TO PERFORMING AN ABORTION, AND TO AMEND SECTION 44-41-340, TO PROVIDE FOR THE INFORMATION THAT MUST BE INCLUDED IN THE LIST OF FACILITIES THAT PROVIDE ULTRASOUNDS FREE OF CHARGE.

POINT OF ORDER

Rep. DELLENEY made the Point of Order that the Senate Amendments were 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.

S. 355--NONCONCURRENCE IN SENATE AMENDMENTS

The Senate Amendments to the following Bill were taken up for consideration:

S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO AMEND SECTION 1-30-105 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION IS ABOLISHED AND THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS A BOARD AS PROVIDED BY LAW; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN OFFICIALS FROM OFFICE, SO AS TO PROVIDE THAT A DEPARTMENT OF TRANSPORTATION BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND CHAPTER 1, TITLE 57, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD, TO PROVIDE THAT THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS A CHIEF HIGHWAY ENGINEER WHO MAY BE REMOVED BY THE BOARD FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY AND WHO, IN CONJUNCTION WITH THE BOARD, MUST CREATE THE STATEWIDE TRANSPORTATION PRIORITY PLAN; AND BY ADDING ARTICLE 7 TO CHAPTER 1 OF TITLE 57, SO AS TO CREATE THE JOINT TRANSPORTATION REVIEW COMMITTEE AND TO PROVIDE FOR THE MANNER IN WHICH DEPARTMENT OF TRANSPORTATION BOARD MEMBERS ARE SCREENED.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

MOTION PERIOD

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

H. 3827--REJECTED

The following Bill was taken up:

H. 3827 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY AND ELECTION DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.

Rep. G. M. SMITH explained the Bill.

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

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

Yeas 55; Nays 60

Those who voted in the affirmative are:

Allen                  Anthony                Bales
Bannister              Battle                 Bowers
Brady                  Brantley               Breeland
Ceips                  Chellis                Clyburn
Cobb-Hunter            Cotty                  Crawford
Dantzler               Duncan                 Gullick
Haley                  Hardwick               Harrell
Harrison               Hart                   Harvin
Hayes                  Herbkersman            Howard
Jennings               Kelly                  Kennedy
Knight                 Limehouse              Mack
Merrill                Mitchell               Moss
Mulvaney               Perry                  E. H. Pitts
M. A. Pitts            Scarborough            Scott
Sellers                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
Spires                 Stavrinakis            Talley
Taylor                 Weeks                  Whipper
Witherspoon

Total--55

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Ballentine             Barfield               Bedingfield
Bingham                Bowen                  Branham
G. Brown               Cato                   Chalk
Clemmons               Coleman                Cooper
Davenport              Delleney               Frye
Funderburk             Gambrell               Govan
Hamilton               Haskins                Hinson
Hiott                  Hodges                 Hosey
Huggins                Jefferson              Kirsh
Leach                  Littlejohn             Loftis
Lucas                  Mahaffey               McLeod
Miller                 Moody-Lawrence         J. H. Neal
Neilson                Ott                    Owens
Parks                  Pinson                 Rice
Sandifer               Shoopman               Simrill
J. R. Smith            W. D. Smith            Stewart
Thompson               Toole                  Umphlett
Vick                   Walker                 White
Whitmire               Williams               Young

Total--60

So, the Bill was then rejected.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 3857 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-90 SO AS TO PROVIDE PENALTIES FOR FAILURE TO APPEAR IN COURT UNDER CERTAIN CIRCUMSTANCES WHEN THE PERSON HAS BEEN RELEASED ON BOND; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; AND TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4136 (Word version) -- Reps. Lowe and Crawford: A BILL TO PROVIDE THAT THE REMAINS OF THE CSS PEE DEE, A CONFEDERATE NAVAL VESSEL WHICH SANK IN THE GREAT PEE DEE RIVER, AS WELL AS ALL OTHER ARTIFACTS LYING IN THE GREAT PEE DEE RIVER IN THE AREA BELOW THE ORDINARY HIGH WATER MARK BETWEEN FLORENCE AND MARION COUNTIES, IN A ZONE TWO MILES ABOVE AND TWO MILES BELOW THE UNITED STATES HIGHWAY 76 BRIDGE, ARE THE PROPERTY OF THE STATE OF SOUTH CAROLINA AND THAT IT IS UNLAWFUL TO COLLECT ANY ARTIFACTS FROM THE AREA; AND TO PROVIDE THAT THIS ACT IS AUTOMATICALLY REPEALED AFTER FIVE YEARS.
On motion of Rep. LOWE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4137 (Word version) -- Reps. Mahaffey, Hodges and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-11-135 SO AS TO PROVIDE THAT A PERSON MAY NOT SELL OR TRADE LIVESTOCK OR POULTRY KNOWN TO HAVE CONSUMED FEED CONTAINING MELAMINE OR SUSPECTED OF CONTAINING MELAMINE BASED ON PUBLIC WARNING BY THE MANUFACTURER OF THE FEED OR OTHER NOTICE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4138 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 1-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR LIABILITY INSURANCE PROVIDED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO AUTHORIZE THE BOARD TO PROVIDE INSURANCE TO PUBLIC DEFENDER CORPORATIONS; TO AMEND SECTIONS 1-11-720 AND 9-1-10, BOTH AS AMENDED, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ADD PUBLIC DEFENDER CORPORATIONS TO THOSE ENTITIES WHOSE EMPLOYEES MAY PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE SOUTH CAROLINA RETIREMENT SYSTEM; AND TO AMEND SECTION 15-78-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE A PUBLIC DEFENDER CORPORATION WITHIN THE DEFINITION OF POLITICAL SUBDIVISIONS.
Referred to Committee on Labor, Commerce and Industry

HOUSE RESOLUTION

The following was introduced:

H. 4139 (Word version) -- Reps. Lucas and Neilson: A HOUSE RESOLUTION TO CONGRATULATE THE HARTSVILLE HIGH SCHOOL "RED FOXES" BASEBALL TEAM OF DARLINGTON COUNTY ON ITS EXCITING AAAA STATE CHAMPIONSHIP WIN AND TO HONOR THE PLAYERS AND HEAD COACH COREY LEWIS ON AN AMAZING SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4140 (Word version) -- Reps. Lucas and Neilson: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HARTSVILLE HIGH SCHOOL "RED FOXES" BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON THEIR EXCITING AAAA STATE CHAMPIONSHIP WIN AND THEIR AMAZING SEASON.

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 Hartsville High School "Red Foxes" baseball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on their exciting AAAA State Championship win and their amazing season.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4141 (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 CONGRATULATE THE CHRIST CHURCH EPISCOPAL SCHOOL BOYS SOCCER TEAM ON ITS IMPRESSIVE WIN OF THE 2007 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS, HEAD COACH DAVID WILCOX, AND HIS ASSISTANTS ON AN OUTSTANDING SEASON.

The Resolution was adopted.

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF A SUPREME COURT JUSTICE, SEAT 5,
A COURT OF APPEALS JUDGE, SEAT 7 AND A CIRCUIT
COURT JUDGE, FIFTEENTH JUDICIAL CIRCUIT, SEAT 2

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3932 (Word version) -- Reps. Delleney, W.D. Smith and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 23, 2007, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 5, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JULY 31, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2008, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES ON JUNE 30, 2014; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2009.

The PRESIDENT PRO TEMPORE of the Senate recognized Senator Ritchie, Chairman of the Judicial Merit Selection Commission.

ELECTION OF A SUPREME COURT JUSTICE, SEAT 5

The PRESIDENT PRO TEMPORE announced that nominations were in order for a Supreme Court Justice, Seat 5.

Senator Ritchie, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: the Honorable Donald W. Beatty, the Honorable Kaye G. Hearn, and the Honorable H. Bruce Williams.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Beatty:

Anderson               Ford                   Hawkins
Hutto                  Jackson                Land
Lourie                 Malloy                 Matthews
Patterson              Pinckney               Reese
Scott                  Sheheen                Williams

Total--15

The following named Senators voted for Hearn:

Alexander              Cleary                 Elliott
Grooms                 Hayes                  Knotts
Leatherman             McGill                 Moore
O'Dell                 Rankin                 Thomas
Vaughn

Total--13

The following named Senators voted for Williams:

Bryant                 Campsen                Courson
Cromer                 Drummond               Fair
Martin                 McConnell              Peeler
Ritchie                Ryberg                 Setzler
Verdin

Total--13

The following named Senator abstained from voting:

Short

Rep. DELLENEY moved that the Members of the House be allowed to vote by electronic roll call.

Rep. MERRILL objected.

The following named Representatives voted for Beatty:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Ceips                  Chellis                Clyburn
Cobb-Hunter            Coleman                Cooper
Davenport              Delleney               Funderburk
Gambrell               Govan                  Hart
Harvin                 Haskins                Hodges
Hosey                  Howard                 Jefferson
Jennings               Kelly                  Kennedy
Knight                 Littlejohn             Mack
McLeod                 Miller                 Mitchell
Moody-Lawrence         Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  Rutherford
Sandifer               Scott                  Sellers
Shoopman               F. N. Smith            J. R. Smith
W. D. Smith            Talley                 Vick
Walker                 Weeks                  Whipper
White                  Williams               Young

Total--63

The following named Representatives voted for Hearn:

Barfield               Battle                 Bowers
Brady                  Clemmons               Edge
Frye                   Gullick                Hardwick
Hayes                  Kirsh                  Limehouse
Lowe                   Lucas                  Scarborough
Simrill                G. M. Smith            Stavrinakis
Thompson               Umphlett               Viers
Witherspoon

Total--22

The following named Representatives voted for Williams:

Ballentine             Bannister              Bedingfield
Bingham                Bowen                  Chalk
Cotty                  Crawford               Dantzler
Duncan                 Hagood                 Haley
Hamilton               Harrell                Harrison
Herbkersman            Hinson                 Hiott
Huggins                Leach                  Loftis
Mahaffey               Merrill                Mulvaney
Owens                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Skelton
D. C. Smith            G. R. Smith            Spires
Stewart                Taylor                 Toole
Whitmire

Total--37

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   122
Grand Total   163
Necessary to a choice   82
Of which Beatty received   78
Of which Hearn received   35
Of which Williams received   50

Whereupon, the PRESIDENT PRO TEMPORE announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Beatty:

Anderson               Drummond               Ford
Hawkins                Hutto                  Jackson
Land                   Lourie                 Malloy
Matthews               Moore                  Patterson
Pinckney               Reese                  Scott
Sheheen                Williams

Total--17

The following named Senators voted for Hearn:

Alexander              Cleary                 Elliott
Hayes                  Knotts                 Leatherman
McGill                 O'Dell                 Rankin
Setzler                Vaughn

Total--11

The following named Senators voted for Williams:

Bryant                 Campsen                Courson
Cromer                 Fair                   Grooms
Martin                 McConnell              Peeler
Ritchie                Ryberg                 Thomas
Verdin

Total--13

Rep. RUTHERFORD moved that the Members of the House be allowed to vote by electronic roll call.

Rep. BALLENTINE objected.

The following named Representatives voted for Beatty:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Ceips                  Chellis                Clyburn
Cobb-Hunter            Coleman                Cooper
Davenport              Delleney               Funderburk
Gambrell               Govan                  Hart
Harvin                 Haskins                Hodges
Hosey                  Howard                 Jefferson
Jennings               Kelly                  Kennedy
Knight                 Littlejohn             Mack
McLeod                 Miller                 Mitchell
Moody-Lawrence         Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  Rutherford
Sandifer               Scott                  Sellers
Shoopman               F. N. Smith            J. R. Smith
W. D. Smith            Talley                 Vick
Walker                 Weeks                  Whipper
White                  Williams               Young

Total--63

The following named Representatives voted for Hearn:

Barfield               Battle                 Bowers
Brady                  Clemmons               Edge
Gullick                Hardwick               Hayes
Kirsh                  Limehouse              Lowe
Lucas                  Scarborough            Simrill
G. M. Smith            Stavrinakis            Thompson
Umphlett               Viers                  Witherspoon

Total--21

The following named Representatives voted for Williams:

Ballentine             Bannister              Bedingfield
Bingham                Bowen                  Chalk
Cotty                  Crawford               Dantzler
Duncan                 Frye                   Hagood
Haley                  Hamilton               Harrell
Harrison               Herbkersman            Hinson
Hiott                  Huggins                Leach
Loftis                 Mahaffey               Merrill
Mulvaney               Owens                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Skelton                D. C. Smith            G. R. Smith
Spires                 Stewart                Taylor
Toole                  Whitmire

Total--38

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   122
Grand Total   163
Necessary to a choice   82
Of which Beatty received   80
Of which Hearn received   32
Of which Williams received   51

Whereupon, the PRESIDENT PRO TEMPORE announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Beatty:

Anderson               Drummond               Ford
Hawkins                Hutto                  Jackson
Land                   Lourie                 Malloy
Matthews               McGill                 Moore
O'Dell                 Patterson              Pinckney
Reese                  Scott                  Sheheen
Williams

Total--19

The following named Senators voted for Hearn:

Alexander              Cleary                 Elliott
Hayes                  Knotts                 Leatherman
Rankin                 Vaughn

Total--8

The following named Senators voted for Williams:

Bryant                 Campsen                Courson
Cromer                 Fair                   Grooms
Martin                 McConnell              Peeler
Ritchie                Ryberg                 Setzler
Thomas                 Verdin

Total--14

Rep. W. D. SMITH moved that the Members of the House be allowed to vote by electronic roll call.

Rep. LOFTIS objected.

The following named Representatives voted for Beatty:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Bowers                 Branham                Brantley
Breeland               G. Brown               R. Brown
Cato                   Ceips                  Chellis
Clyburn                Cobb-Hunter            Coleman
Cooper                 Davenport              Delleney
Funderburk             Gambrell               Govan
Hart                   Harvin                 Haskins
Hayes                  Hodges                 Hosey
Howard                 Jefferson              Jennings
Kelly                  Kennedy                Knight
Littlejohn             Mack                   McLeod
Miller                 Mitchell               Moody-Lawrence
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Perry                  Rutherford             Sandifer
Scott                  Sellers                F. N. Smith
J. R. Smith            W. D. Smith            Stavrinakis
Talley                 Vick                   Walker
Weeks                  Whipper                White
Williams               Young

Total--65

The following named Representatives voted for Hearn:

Barfield               Battle                 Brady
Clemmons               Edge                   Gullick
Hardwick               Kirsh                  Lucas
Scarborough            Shoopman               Simrill
G. M. Smith            Thompson               Umphlett
Viers                  Witherspoon

Total--17

The following named Representatives voted for Williams:

Ballentine             Bannister              Bedingfield
Bingham                Bowen                  Chalk
Cotty                  Crawford               Dantzler
Duncan                 Frye                   Hagood
Haley                  Hamilton               Harrell
Harrison               Herbkersman            Hinson
Hiott                  Huggins                Leach
Limehouse              Loftis                 Lowe
Mahaffey               Merrill                Mulvaney
Owens                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Skelton
D. C. Smith            G. R. Smith            Spires
Stewart                Taylor                 Toole
Whitmire

Total--40

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   122
Grand Total   163
Necessary to a choice   82
Of which Beatty received   84
Of which Hearn received   25
Of which Williams received   54

Whereupon, the PRESIDENT PRO TEMPORE announced that the Honorable Donald W. Beatty was duly elected for the term prescribed by law.

ELECTION OF A COURT OF APPEALS JUDGE, SEAT 7

The PRESIDENT PRO TEMPORE announced that nominations were in order for a Court of Appeals Judge, Seat 7.

Senator Ritchie, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: J. Rene Josey, the Honorable Aphrodite Konduros, and the Honorable Daniel F. Pieper.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Josey:

Leatherman             Malloy                 McGill
Ryberg                 Sheheen                Williams

Total--6

The following named Senators voted for Konduros:

Alexander              Courson                Cromer
Drummond               Fair                   Hawkins
Hayes                  Knotts                 Land
Lourie                 Martin                 Moore
O'Dell                 Patterson              Peeler
Reese                  Ritchie                Setzler
Short                  Thomas                 Vaughn
Verdin

Total--22

The following named Senators voted for Pieper:

Bryant                 Campsen                Cleary
Elliott                Ford                   Grooms
Hutto                  Jackson                Matthews
McConnell              Pinckney               Rankin
Scott

Total--13

On motion of Rep. W. D. SMITH, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Josey:

Agnew                  Alexander              Bales
Battle                 Coleman                Crawford
Funderburk             Gambrell               Govan
Hart                   Harvin                 Hayes
Hodges                 Howard                 Jennings
Kennedy                Lowe                   Lucas
McLeod                 J. H. Neal             J. M. Neal
Neilson                Ott                    Perry
Rutherford             Scott                  Simrill
Skelton                Vick                   Williams
Witherspoon

Total--31

The following named Representatives voted for Konduros:

Allen                  Anderson               Anthony
Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Branham                G. Brown
Cato                   Delleney               Duncan
Gullick                Haley                  Hamilton
Haskins                Hiott                  Huggins
Kelly                  Leach                  Mahaffey
Moss                   Parks                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Shoopman
F. N. Smith            G. M. Smith            G. R. Smith
W. D. Smith            Taylor                 Thompson
Toole                  Walker                 Weeks
Whitmire

Total--43

The following named Representatives voted for Pieper:

Bowers                 Brantley               Breeland
R. Brown               Chalk                  Chellis
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Edge                   Frye
Hagood                 Hardwick               Harrell
Herbkersman            Hinson                 Hosey
Jefferson              Kirsh                  Knight
Limehouse              Littlejohn             Loftis
Mack                   Merrill                Miller
Mitchell               Moody-Lawrence         Mulvaney
Owens                  Sellers                D. C. Smith
J. R. Smith            Spires                 Stavrinakis
Stewart                Talley                 Umphlett
Viers                  Whipper                White
Young

Total--46

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   120
Grand Total   161
Necessary to a choice   81
Of which Josey received   37
Of which Konduros received   65
Of which Pieper received   59

Whereupon, the PRESIDENT PRO TEMPORE announced that none of the candidates, having received the necessary vote, the Joint Assembly would proceed to the next ballot.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Josey:

Leatherman             McGill                 Sheheen
Williams

Total--4

The following named Senators voted for Konduros:

Alexander              Courson                Cromer
Drummond               Fair                   Hawkins
Hayes                  Knotts                 Land
Lourie                 Martin                 Moore
O'Dell                 Peeler                 Reese
Ritchie                Setzler                Short
Thomas                 Vaughn                 Verdin

Total--21

The following named Senators voted for Pieper:

Bryant                 Campsen                Cleary
Elliott                Ford                   Grooms
Hutto                  Jackson                Malloy
Matthews               McConnell              Patterson
Pinckney               Rankin                 Ryberg
Scott

Total--16

On motion of Rep. W. D. SMITH, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Josey:

Agnew                  Alexander              Battle
Coleman                Crawford               Funderburk
Gambrell               Hart                   Hayes
Howard                 Jennings               Kennedy
Lowe                   Lucas                  Mahaffey
McLeod                 J. M. Neal             Ott
Perry                  Scott                  Simrill
Vick                   Williams

Total--23

The following named Representatives voted for Konduros:

Allen                  Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Branham
G. Brown               Cato                   Delleney
Duncan                 Gullick                Haley
Hamilton               Haskins                Hiott
Huggins                Kelly                  Leach
Moss                   Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scarborough            Shoopman
Skelton                F. N. Smith            G. M. Smith
G. R. Smith            W. D. Smith            Spires
Taylor                 Thompson               Toole
Walker                 Whitmire

Total--44

The following named Representatives voted for Pieper:

Bowers                 Brantley               Breeland
R. Brown               Chalk                  Chellis
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Edge                   Frye
Govan                  Hagood                 Hardwick
Harrell                Harvin                 Herbkersman
Hinson                 Hodges                 Hosey
Jefferson              Kirsh                  Knight
Limehouse              Littlejohn             Loftis
Mack                   Merrill                Miller
Mitchell               Moody-Lawrence         Mulvaney
J. H. Neal             Neilson                Owens
Parks                  Sellers                D. C. Smith
J. R. Smith            Stavrinakis            Stewart
Talley                 Umphlett               Viers
Weeks                  Whipper                White
Witherspoon            Young

Total--53

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   120
Grand Total   161
Necessary to a choice   81
Of which Josey received   27
Of which Konduros received   65
Of which Pieper received   69

Whereupon, the PRESIDENT PRO TEMPORE announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.

Rep. CRAWFORD stated that J. Rene Josey withdrew from the race.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Konduros:

Alexander              Courson                Cromer
Drummond               Elliott                Fair
Hawkins                Hayes                  Knotts
Land                   Leatherman             Lourie
Martin                 McGill                 Moore
O'Dell                 Peeler                 Reese
Ritchie                Setzler                Short
Thomas                 Vaughn                 Verdin

Total--24

The following named Senators voted for Pieper:

Bryant                 Campsen                Cleary
Ford                   Grooms                 Hutto
Jackson                Malloy                 Matthews
McConnell              Patterson              Pinckney
Rankin                 Ryberg                 Scott
Sheheen                Williams

Total--17

On motion of Rep. W. D. SMITH, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Konduros:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Brady                  Branham                G. Brown
Cato                   Coleman                Delleney
Duncan                 Funderburk             Gambrell
Gullick                Haley                  Hamilton
Harvin                 Haskins                Hiott
Huggins                Kelly                  Leach
Lowe                   Mahaffey               Moss
J. M. Neal             Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scarborough            Scott
Shoopman               Skelton                F. N. Smith
G. M. Smith            G. R. Smith            W. D. Smith
Spires                 Taylor                 Thompson
Toole                  Walker                 Weeks
Whitmire

Total--55

The following named Representatives voted for Pieper:

Alexander              Bowers                 Brantley
Breeland               R. Brown               Chalk
Chellis                Clemmons               Clyburn
Cobb-Hunter            Cooper                 Cotty
Crawford               Dantzler               Davenport
Edge                   Frye                   Govan
Hagood                 Hardwick               Harrell
Hart                   Hayes                  Herbkersman
Hinson                 Hodges                 Hosey
Howard                 Jefferson              Jennings
Kirsh                  Knight                 Limehouse
Littlejohn             Loftis                 Lucas
Mack                   McLeod                 Merrill
Miller                 Mitchell               Moody-Lawrence
Mulvaney               J. H. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Sellers                Simrill
D. C. Smith            J. R. Smith            Stavrinakis
Stewart                Talley                 Umphlett
Vick                   Viers                  Whipper
White                  Williams               Witherspoon
Young

Total--64

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   119
Grand Total   160
Necessary to a choice   81
Of which Konduros received   79
Of which Pieper received   81

Whereupon, the PRESIDENT PRO TEMPORE announced that the Honorable Daniel F. Pieper was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
FIFTEENTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT PRO TEMPORE announced that nominations were in order for a Circuit Court Judge, Fifteenth Judicial Circuit, Seat 2.

Senator Ritchie, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: the Honorable Benjamin H. Culbertson and Larry B. Hyman, Jr.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Culbertson:

Alexander              Campsen                Cleary
Courson                Drummond               Ford
Land                   McConnell              McGill
O'Dell                 Peeler                 Pinckney
Reese                  Ritchie                Ryberg
Scott                  Sheheen                Short
Vaughn                 Verdin                 Williams

Total--21

The following named Senators voted for Hyman:

Bryant                 Cromer                 Elliott
Fair                   Grooms                 Hawkins
Hayes                  Hutto                  Jackson
Knotts                 Leatherman             Lourie
Malloy                 Martin                 Matthews
Moore                  Patterson              Rankin
Setzler                Thomas

Total--20

On motion of Rep. W. D. SMITH, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Culbertson:

Alexander              Anderson               Bales
Bannister              Battle                 Bingham
Branham                Brantley               Breeland
G. Brown               Chalk                  Chellis
Clyburn                Cobb-Hunter            Crawford
Davenport              Delleney               Duncan
Funderburk             Gullick                Hagood
Harrison               Harvin                 Haskins
Hiott                  Hodges                 Hosey
Jefferson              Kennedy                Knight
Leach                  Limehouse              Littlejohn
Loftis                 Mack                   McLeod
Miller                 Moody-Lawrence         Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Pinson
M. A. Pitts            Scarborough            Scott
Simrill                D. C. Smith            G. M. Smith
Spires                 Taylor                 Umphlett
Walker                 Weeks                  Whipper
Williams               Young

Total--59

The following named Representatives voted for Hyman:

Agnew                  Ballentine             Barfield
Bedingfield            Bowen                  Bowers
Brady                  R. Brown               Cato
Clemmons               Coleman                Cooper
Cotty                  Dantzler               Edge
Frye                   Gambrell               Govan
Haley                  Hamilton               Hardwick
Harrell                Hart                   Hayes
Herbkersman            Hinson                 Howard
Huggins                Jennings               Kelly
Kirsh                  Lowe                   Lucas
Mahaffey               Merrill                Mitchell
Mulvaney               Owens                  Perry
E. H. Pitts            Rice                   Rutherford
Sandifer               Sellers                Shoopman
Skelton                G. R. Smith            J. R. Smith
W. D. Smith            Stavrinakis            Stewart
Talley                 Thompson               Toole
Vick                   Viers                  White
Whitmire               Witherspoon

Total--59

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   118
Grand Total   159
Necessary to a choice   80
Of which Culbertson received   80
Of which Hyman received   79

Whereupon, the PRESIDENT PRO TEMPORE announced that the Honorable Benjamin H. Culbertson was duly elected for the term prescribed by law.

ELECTION OF STATE COLLEGE AND
UNIVERSITY BOARD OF TRUSTEES

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3987 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 23, 2007, IMMEDIATELY FOLLOWING THE ELECTION OF A SUCCESSOR TO A CERTAIN SEAT OF THE SUPREME COURT AND COURT OF APPEALS AND SUCCESSORS TO CERTAIN SEATS OF CIRCUIT COURTS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2007, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

The PRESIDENT PRO TEMPORE of the Senate recognized Senator Knotts, on behalf of the Screening Committee for the State Colleges and Universities Boards of Trustees.

COASTAL CAROLINA UNIVERSITY

FIRST CONGRESSIONAL DISTRICT, SEAT 1

The PRESIDENT PRO TEMPORE announced that nominations were in order for the First Congressional District, Seat 1.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Clark B. Parker had been screened, found qualified, and placed his name in nomination.

On motion of Senator Knotts, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that Clark B. Parker was duly elected for the term prescribed by law.

SECOND CONGRESSIONAL DISTRICT, SEAT 3

The PRESIDENT PRO TEMPORE announced that nominations were in order for the Second Congressional District, Seat 3.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Dr. Oran P. Smith had been screened, found qualified, and placed his name in nomination.
On motion of Senator Knotts, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that Dr. Oran P. Smith was duly elected for the term prescribed by law.

THIRD CONGRESSIONAL DISTRICT, SEAT 5

The PRESIDENT PRO TEMPORE announced that nominations were in order for the Third Congressional District, Seat 5.

Senator Knotts, on behalf of the Joint Screening Committee, stated that William S. Biggs had been screened, found qualified, and placed his name in nomination.

On motion of Senator Knotts, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that William S. Biggs was duly elected for the term prescribed by law.

FOURTH CONGRESSIONAL DISTRICT, SEAT 7

The PRESIDENT PRO TEMPORE announced that nominations were in order for the Fourth Congressional District, Seat 7.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Charles J. Hodge had been screened, found qualified, and placed his name in nomination.

On motion of Senator Knotts, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that Charles J. Hodge was duly elected for the term prescribed by law.

FIFTH CONGRESSIONAL DISTRICT, SEAT 9

The PRESIDENT PRO TEMPORE announced that nominations were in order for the Fifth Congressional District, Seat 9.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Dr. Samuel J. Swad had been screened, found qualified, and placed his name in nomination.

On motion of Senator Knotts, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that Dr. Samuel J. Swad was duly elected for the term prescribed by law.

SIXTH CONGRESSIONAL DISTRICT, SEAT 11

The PRESIDENT PRO TEMPORE announced that nominations were in order for the Sixth Congressional District, Seat 11.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Gary W. Brown had been screened, found qualified, and placed his name in nomination.

On motion of Senator Knotts, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that Gary W. Brown was duly elected for the term prescribed by law.

AT-LARGE DISTRICT, SEAT 13

The PRESIDENT PRO TEMPORE announced that nominations were in order for the At-Large District, Seat 13.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Eugene C. Spivey and Fred F. DuBard, Jr. had been screened, found qualified, and placed their names in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Spivey:

Bryant                 Campsen                Cleary
Cromer                 Grooms                 Hawkins
Hayes                  Knotts                 Lourie
Martin                 O'Dell                 Peeler
Rankin                 Ryberg                 Scott
Sheheen                Thomas                 Vaughn
Verdin

Total--19

The following named Senators voted for DuBard:

Alexander              Anderson               Courson
Elliott                Fair                   Hutto
Land                   Leatherman             Malloy
Matthews               McConnell              McGill
Moore                  Patterson              Pinckney
Reese                  Ritchie                Setzler
Short                  Williams

Total--20

On motion of Rep. W. D. SMITH, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Spivey:

Agnew                  Allen                  Anderson
Bales                  Ballentine             Barfield
Bingham                Bowen                  Bowers
Brady                  Brantley               R. Brown
Chalk                  Clemmons               Cooper
Cotty                  Dantzler               Davenport
Duncan                 Edge                   Frye
Funderburk             Gambrell               Haley
Hamilton               Hardwick               Harvin
Haskins                Herbkersman            Hinson
Hiott                  Hodges                 Huggins
Kelly                  Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
McLeod                 Merrill                Miller
Mitchell               J. H. Neal             J. M. Neal
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Sellers
Skelton                D. C. Smith            F. N. Smith
J. R. Smith            W. D. Smith            Talley
Thompson               Toole                  Umphlett
Viers                  Walker                 Weeks
White                  Whitmire               Witherspoon

Total--69

The following named Representatives voted for DuBard:

Alexander              Bannister              Bedingfield
Branham                Breeland               G. Brown
Cato                   Chellis                Clyburn
Cobb-Hunter            Crawford               Delleney
Govan                  Gullick                Hagood
Harrell                Harrison               Hart
Hosey                  Howard                 Jennings
Kirsh                  Lowe                   Lucas
Mack                   Moody-Lawrence         Neilson
Ott                    Rutherford             Scarborough
Scott                  Shoopman               Simrill
G. M. Smith            Spires                 Taylor
Whipper                Williams               Young

Total--39

RECAPITULATION

Total number of Senators voting   39
Total number of Representatives voting   108
Grand Total   147
Necessary to a choice   74
Of which Spivey received   88
Of which DuBard received   59

Whereupon, the PRESIDENT PRO TEMPORE announced that Eugene C. Spivey was duly elected for the term prescribed by law.

AT-LARGE DISTRICT, SEAT 15

The PRESIDENT PRO TEMPORE announced that nominations were in order for the At-Large Congressional District, Seat 15.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Daniel W. R. Moore, Sr. had been screened, found qualified, and placed his name in nomination.

Rep. BARFIELD requested a roll call vote.

Rep. EDGE, with unanimous consent, addressed the members of the Joint Assembly.

Rep. BARFIELD, with unanimous consent, addressed the members of the Joint Assembly.

Rep. HARVIN, with unanimous consent, addressed the members of the Joint Assembly.

Rep. CLEMMONS, with unanimous consent, addressed the members of the Joint Assembly.

Senator Knotts, with unanimous consent, addressed the members of the Joint Assembly.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

  The following named Senators voted yes:

Hutto                  Knotts                 Land
Leatherman             Malloy                 Matthews
McGill                 Moore                  Patterson
Peeler                 Pinckney               Rankin
Reese                  Setzler                Sheheen
Short

Total--16

The following named Senators voted no:

Alexander              Campsen                Cleary
Courson                Cromer                 Fair
Grooms                 Lourie                 Martin
McConnell              O'Dell                 Ritchie
Ryberg                 Scott                  Verdin
Williams

Total--16

On motion of Rep. W. D. SMITH, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted yes:

Anderson               Bedingfield            Brady
Branham                Cato                   Chellis
Clyburn                Cobb-Hunter            Cotty
Delleney               Edge                   Funderburk
Gullick                Harrison               Harvin
Hayes                  Herbkersman            Hinson
Hosey                  Howard                 Jefferson
Jennings               Kirsh                  Knight
Leach                  Mack                   McLeod
Merrill                Miller                 Moss
Mulvaney               J. H. Neal             Ott
Parks                  Perry                  Rutherford
Sellers                Skelton                D. C. Smith
F. N. Smith            Stavrinakis            Vick
Weeks                  Whipper                Williams
Witherspoon            Young

Total--47

The following named Representatives voted no:

Alexander              Bannister              Barfield
Bowen                  Bowers                 Brantley
Chalk                  Clemmons               Duncan
Gambrell               Hamilton               Hardwick
Harrell                Haskins                Loftis
M. A. Pitts            Sandifer               Scarborough
Shoopman               G. R. Smith            J. R. Smith
Thompson               Viers                  Whitmire

Total--24

RECAPITULATION

Total number of Senators voting   32
Total number of Representatives voting   71
Grand Total   103
Necessary to a choice   52
Affirmative votes   63
Negative votes   40

Whereupon, the PRESIDENT PRO TEMPORE announced that Daniel W. R. Moore, Sr., was duly elected for the term prescribed by law.

SOUTH CAROLINA STATE UNIVERSITY

FIRST CONGRESSIONAL DISTRICT, SEAT 1

The PRESIDENT PRO TEMPORE announced that nominations were in order for the First Congressional District, Seat 1.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Karl V. Green had been screened, found qualified, and placed his name in nomination.

On motion of Senator Knotts, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Thereupon, the PRESIDENT PRO TEMPORE announced that Karl V. Green was duly elected for the term prescribed by law.

SECOND CONGRESSIONAL DISTRICT, SEAT 2

The PRESIDENT PRO TEMPORE announced that nominations were in order for the Second Congressional District, Seat 2.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Reggie Gallant had been screened, found qualified, and placed his name in nomination.

On motion of Senator Knotts, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that Reggie Gallant was duly elected for the term prescribed by law.

FOURTH CONGRESSIONAL DISTRICT, SEAT 4

The PRESIDENT PRO TEMPORE announced that nominations were in order for the Fourth Congressional District, Seat 4.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Dr. John H. Corbitt had been screened, found qualified, and placed his name in nomination.

On motion of Senator Knotts, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that Dr. John H. Corbitt was duly elected for the term prescribed by law.

AT-LARGE DISTRICT, SEAT 8

The PRESIDENT PRO TEMPORE announced that nominations were in order for the At-Large District, Seat 8.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Earl A. Johnson, Jr. and Dr. Shirley Portee Martin had been screened, found qualified, and placed their names in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Johnson:

Alexander              Courson                Cromer
Elliott                Fair                   Hayes
Knotts                 Leatherman             Malloy
Martin                 Matthews               McGill
O'Dell                 Patterson              Peeler
Rankin                 Ritchie                Sheheen
Short                  Verdin                 Williams

Total--21

The following named Senators voted for Martin:

Anderson               Bryant                 Campsen
Cleary                 Grooms                 Hawkins
Hutto                  Land                   Lourie
McConnell              Moore                  Pinckney
Reese                  Scott                  Setzler
Thomas                 Vaughn

Total--17

On motion of Rep. W. D. SMITH, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Johnson:

Alexander              Bales                  Barfield
Battle                 Bowen                  Branham
G. Brown               Cato                   Clyburn
Cobb-Hunter            Crawford               Edge
Funderburk             Gambrell               Hart
Hayes                  Hodges                 Jennings
Knight                 Littlejohn             Lowe
Lucas                  McLeod                 Mitchell
Moss                   Neilson                Rutherford
Sellers                Shoopman               Spires
Weeks                  Whipper                Williams

Total--33

The following named Representatives voted for Martin:

Allen                  Anderson               Ballentine
Bannister              Bedingfield            Bingham
Bowers                 Brady                  Brantley
Breeland               R. Brown               Chellis
Clemmons               Cooper                 Cotty
Dantzler               Delleney               Duncan
Frye                   Govan                  Gullick
Hagood                 Haley                  Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Howard
Huggins                Jefferson              Kelly
Kirsh                  Leach                  Littlejohn
Mack                   Mahaffey               Merrill
Miller                 Moody-Lawrence         Mulvaney
J. H. Neal             J. M. Neal             Ott
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Scott
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Talley                 Taylor
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Witherspoon            Young

Total--68

RECAPITULATION

Total number of Senators voting   38
Total number of Representatives voting   101
Grand Total   139
Necessary to a choice   70
Of which Johnson received   54
Of which Martin received   85

Whereupon, the PRESIDENT PRO TEMPORE announced that Dr. Shirley Portee Martin was duly elected for the term prescribed by law.

AT-LARGE DISTRICT, SEAT 12

The PRESIDENT PRO TEMPORE announced that nominations were in order for the At-Large District, Seat 12.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Ms. Sky Foster and Rev. D. Edward Chaney had been screened, found qualified, and placed their names in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Foster:

Alexander              Anderson               Bryant
Campsen                Cleary                 Courson
Cromer                 Elliott                Fair
Grooms                 Hawkins                Hayes
Hutto                  Knotts                 Land
Leatherman             Lourie                 Malloy
Martin                 Matthews               McConnell
McGill                 Moore                  O'Dell
Patterson              Peeler                 Pinckney
Rankin                 Reese                  Ritchie
Scott                  Setzler                Sheheen
Short                  Thomas                 Vaughn
Verdin                 Williams

Total--38

The following named Senators voted for Chaney:

Total--0

On motion of Rep. W. D. SMITH, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Foster:

Alexander              Allen                  Anderson
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Brantley               Breeland               G. Brown
R. Brown               Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cotty                  Crawford
Delleney               Duncan                 Gambrell
Govan                  Hagood                 Hamilton
Hardwick               Harrell                Harrison
Hart                   Hayes                  Herbkersman
Hinson                 Hodges                 Howard
Huggins                Jefferson              Jennings
Kelly                  Kirsh                  Knight
Leach                  Lowe                   Lucas
Mack                   Mahaffey               McLeod
Miller                 Mitchell               Moody-Lawrence
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  Pinson
E. H. Pitts            Rice                   Sandifer
Scarborough            Scott                  Sellers
Shoopman               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Spires
Talley                 Taylor                 Toole
Viers                  Weeks                  Whipper
White                  Whitmire               Williams
Witherspoon

Total--85

The following named Representatives voted for Chaney:

Total--0

RECAPITULATION

Total number of Senators voting   38
Total number of Representatives voting   85
Grand Total   123
Necessary to a choice   62
Of which Foster received   123
Of which Chaney received   0

Whereupon, the PRESIDENT PRO TEMPORE announced that Sky Foster was duly elected for the term prescribed by law.

WIL LOU GRAY OPPORTUNITY SCHOOL

THREE AT-LARGE SEATS

The PRESIDENT PRO TEMPORE announced that nominations were in order for three At-Large Seats.

Senator Knotts, on behalf of the Joint Screening Committee, stated that Dr. Earle Bennett, Mrs Sandra Dooley Parker, Ms. Inese P. Williamson, and Dr. Howard D. Hill had been screened, found qualified, and placed their names in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Bennett:

Alexander              Anderson               Campsen
Cleary                 Courson                Cromer
Elliott                Fair                   Grooms
Hayes                  Hutto                  Knotts
Land                   Leatherman             Lourie
Malloy                 Martin                 Matthews
McConnell              McGill                 Moore
O'Dell                 Patterson              Peeler
Pinckney               Reese                  Scott
Setzler                Sheheen                Short
Thomas                 Verdin                 Williams

Total--33

The following named Senators voted for Parker:

Alexander              Anderson               Campsen
Cleary                 Courson                Cromer
Elliott                Fair                   Grooms
Hayes                  Hutto                  Knotts
Land                   Leatherman             Lourie
Malloy                 Martin                 Matthews
McConnell              McGill                 Moore
O'Dell                 Patterson              Peeler
Pinckney               Reese                  Scott
Setzler                Sheheen                Short
Thomas                 Verdin                 Williams

Total--33

The following named Senators voted for Williamson:

Alexander              Anderson               Campsen
Cleary                 Courson                Cromer
Elliott                Fair                   Grooms
Hayes                  Hutto                  Knotts
Land                   Leatherman             Lourie
Malloy                 Martin                 Matthews
McConnell              McGill                 Moore
O'Dell                 Patterson              Peeler
Pinckney               Reese                  Scott
Setzler                Sheheen                Short
Thomas                 Verdin                 Williams

Total--33

The following named Senators voted for Hill:

Total--0

On motion of Rep. W. D. SMITH, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Bennett:

Alexander              Allen                  Anderson
Ballentine             Bannister              Barfield
Bingham                Bowen                  Bowers
Brady                  Brantley               Breeland
R. Brown               Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cotty                  Crawford
Delleney               Duncan                 Funderburk
Gambrell               Govan                  Gullick
Hagood                 Hamilton               Hardwick
Harrell                Hinson                 Hodges
Hosey                  Huggins                Jefferson
Jennings               Kirsh                  Knight
Leach                  Mack                   McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Ott                    Parks
E. H. Pitts            Rice                   Sandifer
Scarborough            Sellers                Shoopman
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Spires                 Taylor
Toole                  Vick                   Weeks
Whipper                White                  Whitmire
Williams

Total--70

The following named Representatives voted for Parker:

Alexander              Allen                  Anderson
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowen
Bowers                 Brady                  Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cotty
Crawford               Delleney               Duncan
Funderburk             Gambrell               Govan
Gullick                Hagood                 Hamilton
Harrell                Hinson                 Hodges
Hosey                  Huggins                Jefferson
Jennings               Kirsh                  Knight
Leach                  Lowe                   Mack
McLeod                 Merrill                Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             Ott                    Parks
Perry                  E. H. Pitts            Rice
Sandifer               Scarborough            Sellers
Shoopman               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Taylor                 Toole
Vick                   Weeks                  Whipper
White                  Whitmire

Total--71

The following named Representatives voted for Williamson:

Alexander              Allen                  Anderson
Bannister              Barfield               Battle
Bingham                Bowen                  Brady
Brantley               Breeland               R. Brown
Cato                   Chalk                  Clemmons
Clyburn                Coleman                Cotty
Crawford               Delleney               Duncan
Funderburk             Gambrell               Gullick
Hagood                 Hamilton               Harrell
Hodges                 Hosey                  Huggins
Jefferson              Jennings               Kirsh
Knight                 Leach                  Lowe
Mack                   McLeod                 Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             Ott                    Parks
Perry                  E. H. Pitts            Rice
Sandifer               Scarborough            Sellers
Shoopman               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Taylor                 Toole
Vick                   Whipper                White
Whitmire               Williams

Total--65

The following named Representatives voted for Hill:

Brantley

Total--1

RECAPITULATION

Total number of Senators voting   33
Total number of Representatives voting   73
Grand Total   106
Necessary to a choice   54
Of which Bennett received   103
Of which Parker received   104
Of which Williamson received   98
Of which Hill received   1

Whereupon, the PRESIDENT PRO TEMPORE announced that Dr. Earle Bennett, Sandra Dooley Parker, and Inese P. Williamson were duly elected for the term prescribed by law.

LEGISLATIVE AUDIT COUNCIL

The PRESIDENT PRO TEMPORE recognized Senator Campsen on behalf of the Legislative Audit Council Screening Committee.

LEGISLATIVE AUDIT COUNCIL, CPA MEMBER

The PRESIDENT PRO TEMPORE announced that nominations were in order for a CPA member of the Legislative Audit Council.

Senator Campsen, on behalf of the Screening Committee, stated that Mr. Philip F. Laughridge had been screened, found qualified, and placed his name in nomination.

On motion of Senator Campsen, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that Mr. Philip F. Laughridge was duly elected for the term prescribed by law.

LEGISLATIVE AUDIT COUNCIL ATTORNEY MEMBER

The PRESIDENT PRO TEMPORE announced that nominations were in order for an attorney member of the Legislative Audit Council.

Senator Campsen, on behalf of the Screening Committee, stated that Mr. S. Jahue (Jake) Moore had been screened, found qualified, and placed his name in nomination.

On motion of Senator Campsen, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that Mr. S. Jahue (Jake) Moore was duly elected for the term prescribed by law.

LEGISLATIVE AUDIT COUNCIL MEMBER,
AT LARGE SEAT 3

The PRESIDENT PRO TEMPORE announced that nominations were in order for an at-large member of the Legislative Audit Council.

Senator Campsen, on behalf of the Screening Committee, stated that the Honorable Tommy Hartnett had been screened, found qualified, and placed his name in nomination.

On motion of Senator Campsen, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that the Honorable Tommy Hartnett was duly elected for the term prescribed by law.

LEGISLATIVE AUDIT COUNCIL MEMBER,
AT-LARGE SEAT 4

The PRESIDENT PRO TEMPORE announced that nominations were in order for an at-large member of the Legislative Audit Council.

Senator Campsen, on behalf of the Screening Committee, stated that Dr. Dorn Smith had been screened, found qualified, and placed his name in nomination.

On motion of Senator Campsen, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT PRO TEMPORE announced that Dr. Dorn Smith was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 3:38 p.m. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4123 (Word version) -- Rep. Spires: A CONCURRENT RESOLUTION TO HONOR THE PELION PEANUT FESTIVAL IN LEXINGTON COUNTY, AUGUST 9-11, 2007, AND RECOGNIZE THE FESTIVAL'S CONTRIBUTIONS TO THE TOWN, COUNTY, AND STATE.

H. 4126 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO HONOR DR. MARY TUCK KENNERLY OF RICHLAND COUNTY FOR TWENTY-THREE YEARS OF SERVICE AS PRINCIPAL OF NURSERY ROAD ELEMENTARY SCHOOL UPON THE OCCASION OF HER RETIREMENT, AND TO EXTEND BEST WISHES FOR MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

H. 4127 (Word version) -- Reps. Jennings, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, 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 HONOR DR. BLAIR A. RUDES FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE FIRST STATE RECOGNITION COMMITTEE AND THE INVALUABLE EXPERTISE HE PROVIDED TO THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS AS IT SOUGHT TO OFFICIALLY RECOGNIZE THE ANCESTORS OF THE NATIVE AMERICAN PEOPLE OF THIS STATE.

ADJOURNMENT

At 3:39 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Primrose Nettles Green of Camden, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Monday, June 22, 2009 at 1:38 P.M.