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


Printed Page 2180 . . . . . Thursday, April 12, 2007

Thursday, April 12, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 22:4: "In you our fathers put their trust, they trusted and you delivered."
Let us pray. Lord God, You have always proved faithful to Your promises in the past. Our fathers and mothers will agree that You have blessed them in every way. We know from Your word that You will fulfill all Your promises to us now and in the future. Keep us safe in the hollow of Your hand. Bless our Nation, President, State, Governor, Speaker and all who serve in government. 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. WALKER moved that when the House adjourns, it adjourn in memory of Steve and Freida Greene, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 3860 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott,


Printed Page 2181 . . . . . Thursday, April 12, 2007

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, 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 TOMMY ELLISON AND THE SINGING STARS FOR THEIR OUTSTANDING CONTRIBUTION TOWARD PRESERVING THE HERITAGE OF AFRICAN AMERICAN GOSPEL MUSIC, SPREADING KNOWLEDGE AND LOVE OF THIS MUSICAL TREASURE, AND CREATING NEW AUDIENCES FOR ITS ENJOYMENT.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3861 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and


Printed Page 2182 . . . . . Thursday, April 12, 2007

Young: A HOUSE RESOLUTION TO RECOGNIZE PASTOR NORRIS TURNER FOR HIS OUTSTANDING CONTRIBUTION TOWARD PRESERVING THE HERITAGE OF AFRICAN AMERICAN GOSPEL MUSIC, SPREADING KNOWLEDGE AND LOVE OF THIS MUSICAL TREASURE, AND CREATING NEW AUDIENCES FOR ITS ENJOYMENT.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3862 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE JESSIE JEFFCOAT AND THE FIVE SINGING SONS OF NORTH FOR THEIR OUTSTANDING CONTRIBUTION TOWARD PRESERVING THE HERITAGE OF AFRICAN AMERICAN GOSPEL MUSIC, SPREADING KNOWLEDGE AND LOVE OF THIS MUSICAL TREASURE, AND CREATING NEW AUDIENCES FOR ITS ENJOYMENT.

The Resolution was adopted.


Printed Page 2183 . . . . . Thursday, April 12, 2007

HOUSE RESOLUTION

The following was introduced:

H. 3863 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE DOC MCKENZIE AND THE HI-LITES FOR THEIR OUTSTANDING CONTRIBUTION TOWARD PRESERVING THE HERITAGE OF AFRICAN AMERICAN GOSPEL MUSIC, SPREADING KNOWLEDGE AND LOVE OF THIS MUSICAL TREASURE, AND CREATING NEW AUDIENCES FOR ITS ENJOYMENT.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3864 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott,


Printed Page 2184 . . . . . Thursday, April 12, 2007

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, 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 THE DIXIE HUMMINGBIRDS FOR THEIR OUTSTANDING CONTRIBUTION TOWARD PRESERVING THE HERITAGE OF AFRICAN AMERICAN GOSPEL MUSIC, SPREADING KNOWLEDGE AND LOVE OF THIS MUSICAL TREASURE, AND CREATING NEW AUDIENCES FOR ITS ENJOYMENT.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3865 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE THE JARVIS


Printed Page 2185 . . . . . Thursday, April 12, 2007

BROTHERS FOR THEIR OUTSTANDING CONTRIBUTION TOWARD PRESERVING THE HERITAGE OF AFRICAN AMERICAN GOSPEL MUSIC, SPREADING KNOWLEDGE AND LOVE OF THIS MUSICAL TREASURE, AND CREATING NEW AUDIENCES FOR ITS ENJOYMENT.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3866 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE BILL PINKNEY & THE GOSPEL DRIFTERS FOR THEIR OUTSTANDING CONTRIBUTION TOWARD PRESERVING THE HERITAGE OF AFRICAN AMERICAN GOSPEL MUSIC, SPREADING KNOWLEDGE AND LOVE OF THIS MUSICAL TREASURE, AND CREATING NEW AUDIENCES FOR ITS ENJOYMENT.

The Resolution was adopted.


Printed Page 2186 . . . . . Thursday, April 12, 2007

HOUSE RESOLUTION

The following was introduced:

H. 3867 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE FLOSSIE AND THE SINGING SISTERS FOR THEIR OUTSTANDING CONTRIBUTION TOWARD PRESERVING THE HERITAGE OF AFRICAN AMERICAN GOSPEL MUSIC, SPREADING KNOWLEDGE AND LOVE OF THIS MUSICAL TREASURE, AND CREATING NEW AUDIENCES FOR ITS ENJOYMENT.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3868 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO HONOR MR. WILLIAM B. "BILL" DUKES OF LEXINGTON COUNTY FOR HIS NUMEROUS AND INVALUABLE CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND


Printed Page 2187 . . . . . Thursday, April 12, 2007

TO COMMEND HIM FOR HIS LIFELONG COMMITMENT TO HIS FAMILY, CHURCH, AND COMMUNITY.

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

INTRODUCTION OF BILLS

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

H. 3869 (Word version) -- Reps. Cooper, Gambrell and White: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS AND ISSUANCE OF VEHICLE LICENSE PLATES AND REVALIDATION STICKERS, SO AS TO REQUIRE THAT THE NAME OF THE COUNTY IN WHICH A VEHICLE IS REGISTERED AND PROPERTY TAXES ARE PAID MUST BE SHOWN ON THE LICENSE PLATE.
Referred to Committee on Education and Public Works

H. 3870 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 6-5-15 AND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLATERAL REQUIRED TO SECURE THE UNINSURED FUNDS ON DEPOSIT OF A LOCAL GOVERNMENT ENTITY AND THE STATE, SO AS TO DEFINE A FINANCIAL INSTITUTION IN WHICH THESE FUNDS ARE DEPOSITED AS A QUALIFIED PUBLIC DEPOSITORY, TO ALLOW SUCH A DEPOSITORY TO SECURE THESE FUNDS USING THE DEDICATED METHOD OR THE POOLING METHOD, AND TO PROVIDE THAT THE LOCAL GOVERNMENT ENTITY OR STATE TREASURER MAY REQUIRE SUCH A DEPOSITORY TO USE THE DEDICATED METHOD.
Referred to Committee on Labor, Commerce and Industry

H. 3871 (Word version) -- Reps. Funderburk, Herbkersman, Brantley, Bales, Clyburn, Hagood, Hodges, Hosey, Leach, Littlejohn, McLeod, Phillips, Spires and Whipper: A BILL TO AMEND SECTION 57-25-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF INFORMATION SIGNS ON CERTAIN HIGHWAY RIGHT-OF-WAY AREAS, SO AS TO PROVIDE FOR


Printed Page 2188 . . . . . Thursday, April 12, 2007

THE PLACEMENT OF GENERAL MOTORIST SERVICES SIGNS ALONG THESE HIGHWAY RIGHTS-OF-WAY.
Referred to Committee on Education and Public Works

H. 3872 (Word version) -- Rep. F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-8-300 SO AS TO PROVIDE THAT AN APPEAL OF A FEE DISPUTE BETWEEN A CLIENT AND AN ATTORNEY MUST BE HEARD DE NOVO AND TO ALLOW AN ATTORNEY TO REIMBURSE FEES TO A CLIENT WHILE FEE DISPUTE LITIGATION IS PENDING OR DURING THE FEE DISPUTE LITIGATION.
Referred to Committee on Judiciary

H. 3873 (Word version) -- Reps. Toole, Duncan, Huggins, M. A. Pitts, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-710 SO AS TO DESIGNATE THE "SUMMER DUCK" AS THE OFFICIAL STATE DUCK.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3874 (Word version) -- Reps. Limehouse, Hinson, Mitchell, Cato, Edge, Mack and Scarborough: A BILL TO AMEND CHAPTER 62, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO REVISE DEFINITIONS AND ADD DEFINITIONS, TO SIMPLIFY APPLICATION REQUIREMENTS, TO INCREASE THE PAYROLL REBATE ALLOWED FROM FIFTEEN TO TWENTY PERCENT AND TO INCREASE THE ANNUAL LIMIT ON THESE REBATES FROM TEN TO FIFTEEN MILLION DOLLARS, TO CLARIFY THE ASSIGNMENT OF THESE REBATES, TO PROVIDE THAT NO REBATE MAY BE PAID IF THE MOTION PICTURE PRODUCTION COMPANY IS DELINQUENT ON TAXES OR LOANS OWING THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE, TO ALLOW BUT NOT REQUIRE SUCH A COMPANY TO BE BARRED FROM CLAIMING THE REBATE, TO CLARIFY RECORDKEEPING REQUIREMENTS, TO PROVIDE FOR ADDITIONAL ANNUAL APPROPRIATIONS FROM THE GENERAL FUND OF THE STATE EQUAL TO TEN MILLION DOLLARS FOR THESE REBATES


Printed Page 2189 . . . . . Thursday, April 12, 2007

AND TO CLARIFY THAT AN ADDITIONAL ONE PERCENT OF STATE ADMISSIONS LICENSE TAX REVENUES MUST BE APPROPRIATED ANNUALLY TO THE DEPARTMENT OF COMMERCE AND USED BY THE SOUTH CAROLINA FILM COMMISSION TO PROMOTE COLLABORATIVE EFFORTS BETWEEN HIGHER EDUCATION INSTITUTIONS IN THIS STATE AND MOTION PICTURE RELATED ENTITIES, TO ELIMINATE THE REQUIREMENT FOR THE PROMULGATION OF REGULATIONS, TO INCREASE FROM TWENTY-ONE TO THIRTY DAYS TOTAL IN A YEAR THAT STATE PROPERTY MAY BE USED WITHOUT A LOCATION OR FACILITY FEE AND TO PROVIDE THAT SUCH USE MUST BE DIRECTLY FOR FILMING.
Referred to Committee on Ways and Means

H. 3875 (Word version) -- Reps. Stavrinakis, Alexander, Gullick, Limehouse and Scarborough: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF A COUNTY GOVERNMENT, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO ADOPT BY ORDINANCE THE REQUIREMENT THAT A PROPERTY OWNER SHALL KEEP A LOT OR OTHER PROPERTY CLEAN AND FREE OF RUBBISH SO AS NOT TO CONSTITUTE A PUBLIC NUISANCE AND PROVIDE A PROCEDURE FOR ENFORCEMENT OF THE ORDINANCE.
Referred to Committee on Judiciary

H. 3876 (Word version) -- Reps. Stavrinakis, Breeland, Harrell, Harrison, Mack, Merrill, J. E. Smith and Whipper: A BILL TO AMEND SECTION 16-23-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF HANDGUNS TO CERTAIN PERSONS, SO AS TO REPLACE THE TERM "HANDGUN" WITH "FIREARM", TO PROHIBIT THE SALE OF FIREARMS TO ALL CONVICTED FELONS RATHER THAN VIOLENT OFFENDERS, AND TO PROHIBIT THE POSSESSION OF FIREARMS BY A CONVICTED FELON; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE ARTICLE, SO AS TO CREATE A THREE-TIERED PENALTY SCHEME INCLUDING CREATING A MANDATORY MINIMUM PENALTY FOR THE OFFENSE OF THE POSSESSION OF FIREARMS BY CONVICTED FELONS; TO


Printed Page 2190 . . . . . Thursday, April 12, 2007

AMEND SECTION 16-23-490, RELATING TO ADDITIONAL PENALTIES FOR POSSESSION OF A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCLUDE THE COMMISSION OF A MOST SERIOUS OR SERIOUS OFFENSE AND TO REVISE AND INCREASE THE PENALTY.
Referred to Committee on Judiciary

H. 3878 (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 EXAMINERS IN PSYCHOLOGY, RELATING TO PRACTICE OF PSYCHOLOGY-SPECIALTY DESIGNATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3102, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

CONCURRENT RESOLUTION

The following was introduced:

H. 3877 (Word version) -- Reps. Toole, Ballentine, Bingham, Frye, Haley, Huggins, McLeod, Ott, E. H. Pitts, Spires, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Gambrell, Govan, Gullick, Hagood, 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, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Pinson, 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, Stavrinakis, Stewart, Talley, Taylor, Thompson, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JAMES E. "JIMMY" BRISTOW OF LEXINGTON COUNTY FOR


Printed Page 2191 . . . . . Thursday, April 12, 2007

HIS OUTSTANDING CONTRIBUTIONS TO THE RURITAN ORGANIZATION AND TO THE STATE OF SOUTH CAROLINA, AND TO WISH HIM ALL THE BEST IN THE COMING YEARS.

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

ROLL CALL

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clemmons
Clyburn                Cobb-Hunter            Coleman
Crawford               Dantzler               Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Hodges                 Hosey
Huggins                Jefferson              Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               McLeod                 Merrill
Miller                 Mitchell               Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires

Printed Page 2192 . . . . . Thursday, April 12, 2007

Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 Weeks
Whipper                White                  Williams
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 12.

William R. "Bill" Whitmire        Thad Viers
Ted Vick                          Douglas Jennings
Bakari Sellers                    Daniel Cooper
Anne Parks                        Bill Cotty
Todd Rutherford                   Leon Howard
Jerry Govan

Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN a temporary leave of absence due to being in court.

STATEMENT OF ATTENDANCE

Rep. MERRILL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 11.

DOCTOR OF THE DAY

Announcement was made that Dr. John B. Dubose of Camden was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or


Printed Page 2193 . . . . . Thursday, April 12, 2007

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. 3134 (Word version)
Date:   ADD:
04/12/07   DUNCAN

CO-SPONSOR ADDED

Bill Number:   H. 3143 (Word version)
Date:   ADD:
04/12/07   BOWEN

CO-SPONSOR ADDED

Bill Number:   H. 3168 (Word version)
Date:   ADD:
04/12/07   MITCHELL

CO-SPONSOR ADDED

Bill Number:   H. 3239 (Word version)
Date:   ADD:
04/12/07   MAHAFFEY

CO-SPONSOR ADDED

Bill Number:   H. 3286 (Word version)
Date:   ADD:
04/12/07   M. A. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3569 (Word version)
Date:   ADD:
04/12/07   KNIGHT

CO-SPONSOR REMOVED

Bill Number:   H. 3136 (Word version)
Date:   REMOVE:
04/12/07   STAVRINAKIS


Printed Page 2194 . . . . . Thursday, April 12, 2007

CO-SPONSOR REMOVED

Bill Number:   H. 3136 (Word version)
Date:   REMOVE:
04/12/07   PINSON

ORDERED ENROLLED FOR RATIFICATION

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

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

H. 3833--DEBATE ADJOURNED

Rep. PHILLIPS moved to adjourn debate upon the following Bill until Thursday, April 19, which was adopted:

H. 3833 (Word version) -- Reps. Moss and Phillips: A BILL TO AMEND ACT 587 OF 1992, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATE FOR ELECTIONS FOR TRUSTEES, THE FILING PERIOD, AND THE MANNER IN WHICH THE RESULTS OF THE ELECTIONS ARE DETERMINED.

ORDERED TO THIRD READING

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

H. 3256 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 38-57-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADVERTISING GIFTS GIVEN BY INSURANCE AGENTS TO


Printed Page 2195 . . . . . Thursday, April 12, 2007

INSUREDS AND OTHERS, SO AS TO INCREASE FROM FIVE TO TWENTY-FIVE DOLLARS THE VALUE OF MERCHANDISE OR AN ARTICLE WHICH MAY BE GIVEN.

Rep. LEACH explained the Bill.

S. 498 (Word version) -- Senators Mescher, Grooms and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-35 SO AS TO PROVIDE THAT THE TWENTY-SEVENTH DAY OF FEBRUARY OF EACH YEAR IS DESIGNATED AS "GENERAL FRANCIS MARION MEMORIAL DAY" IN HONOR OF THIS SOUTH CAROLINA REVOLUTIONARY WAR HERO.

H. 3762 (Word version) -- Reps. Herbkersman, Agnew, Bingham, Ceips, Cobb-Hunter, Cooper, Funderburk, Gambrell, Harvin, Hayes, Hinson, Jennings, Merrill, J. H. Neal, Ott and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-155 SO AS TO ESTABLISH AN ACCOUNT IN THE STATE TREASURY CONSISTING OF SALES AND USE TAX REVENUES ATTRIBUTABLE TO THE DELETION OF AN EXEMPTION AND TO PROVIDE THAT THIS REVENUE MUST BE DISTRIBUTED UPON APPLICATION TO COASTAL MUNICIPALITIES AND COUNTIES AND USED TO MAINTAIN SALT WATER QUALITY IN SAA WATERS NEAR CHANNELS USED BY SHIPS IN INTERCOASTAL TRADE AND FOREIGN COMMERCE; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL, LUBRICANTS, AND SUPPLIES USED ON SHIPS IN INTERCOASTAL TRADE OR FOREIGN COMMERCE.

Rep. COTTY explained the Bill.

H. 3256--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3256 (Word version) be read the third time tomorrow.


Printed Page 2196 . . . . . Thursday, April 12, 2007

H. 3762--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 3762 (Word version) be read the third time tomorrow.

S. 155--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 155 (Word version) -- Senators Campsen, McConnell, Leatherman, Gregory, Elliott, Rankin, Vaughn, Ryberg, Courson, Richardson, Hayes, Mescher, Ritchie, Knotts, Cleary, Alexander and Fair: A BILL TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND TO RATIFY AMENDMENTS TO SECTION 17, ARTICLE I, AND SECTION 5, ARTICLE XIV, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

Reps. SHOOPMAN, CRAWFORD, MULVANEY, WHIPPER, LOFTIS, BEDINGFIELD, MACK, GULLICK, HARDWICK, MAHAFFEY, YOUNG, J. H. NEAL and HINSON requested debate on the Bill.

S. 156--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 156 (Word version) -- Senators Campsen, McConnell, Leatherman, Vaughn, Courson, Hayes, Richardson, Ritchie, McGill, Knotts, Elliott, Alexander, Verdin and Fair: A BILL TO RATIFY AN AMENDMENT


Printed Page 2197 . . . . . Thursday, April 12, 2007

TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS BY A MAJORITY VOTE OF THE RECEDING BODY OR FOR MORE THAN THIRTY DAYS BY A TWO-THIRDS VOTE OF THE RECEDING BODY, TO PROVIDE THAT EACH BODY MAY PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT CONSIDERS APPROPRIATE AND TO AUTHORIZE AN ORGANIZATIONAL SESSION FOLLOWING THE ELECTION OF SENATORS; AND TO RATIFY AN AMENDMENT TO ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.

Reps. CRAWFORD, YOUNG, MULVANEY, LEACH, SHOOPMAN, HINSON, MERRILL, J. H. NEAL and HARDWICK requested debate on the Bill.

H. 3624--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3624 (Word version) -- Reps. Herbkersman, Cotty, Bannister, Breeland, Crawford, Duncan, Edge, Harrison, Hinson, Huggins, Jennings, Scott, G. M. Smith, Miller, Battle and Perry: A BILL TO AMEND SECTION 61-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES.


Printed Page 2198 . . . . . Thursday, April 12, 2007

Reps. MULVANEY, SHOOPMAN, LEACH, CRAWFORD, HINSON, BEDINGFIELD, DUNCAN and YOUNG requested debate on the Bill.

H. 3711--POINT OF ORDER

The following Bill was taken up:

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.

POINT OF ORDER

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

H. 3428--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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


Printed Page 2199 . . . . . Thursday, April 12, 2007

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11519AC07), which was adopted:
Amend the bill, as and if amended, Section 23-28-20(C)(3), page 2, line 19 by deleting /Chapter 6/ and inserting / Chapter 6 28/. So when amended, Section 23-28-20(C)(3) reads:
/     (3)   successfully complete a course of training specified pursuant to Title 23, Chapter 6 28 and endorsed by the chief or sheriff who appoints them./
Amend the bill further, Section 23-28-90, page 4, line 31 by deleting / Department of Public Safety/ and inserting /Department of Public Safety Law Enforcement Training Council/ . So when amended Section 23-28-90 reads:
/   Section 23-28-90.   Any A currently certified full-time law enforcement officer who leaves his position under honorable conditions may, within twelve months, and at the request of his chief and with the concurrence of the Department of Public Safety Law Enforcement Training Council, may be issued a registration card identifying him as a member of the reserve. Any such That officer shall must not be required to undergo the preliminary training for reserves but shall must be required to have a current physical exam. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3428--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3428 (Word version) be read the third time tomorrow.

H. 3134--REQUEST FOR DEBATE AND POINT OF ORDER

The following Bill was taken up:

H. 3134 (Word version) -- Reps. Weeks, Taylor, Cobb-Hunter, M. A. Pitts and Duncan: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING


Printed Page 2200 . . . . . Thursday, April 12, 2007

JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT IT IS IN THE CHILD'S BEST INTEREST TO HAVE VISITATION WITH THE GRANDPARENT, THE COURT MAY ORDER SUCH VISITATION.

Rep. BEDINGFIELD requested debate on the Bill.

POINT OF ORDER

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

H. 3317--REQUESTS FOR DEBATE AND POINT OF ORDER

The following Bill was taken up:

H. 3317 (Word version) -- Reps. Walker, Hinson, Harrell, Cobb-Hunter, Weeks, Hart, F. N. Smith, Parks, Knight, Williams, Jefferson, Howard, McLeod and Mahaffey: A BILL TO AMEND ARTICLE 13, CHAPTER 43, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GIFT OF LIFE TRUST FUND, SO AS TO CHANGE THE NAME TO "DONATE LIFE SOUTH CAROLINA", AND TO ADD ARTICLE 14 TO CHAPTER 43, TITLE 44 SO AS TO ESTABLISH AN ORGAN AND TISSUE DONOR REGISTRY TO BE ADMINISTERED BY DONATE LIFE SOUTH CAROLINA; AND TO AMEND SECTION 56-1-80, RELATING TO DRIVER'S LICENSE AND PERMIT APPLICATIONS, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE ORGAN DONOR INFORMATION INDICATED ON SUCH APPLICATIONS TO DONATE LIFE SOUTH CAROLINA.

Reps. CRAWFORD, SHOOPMAN and MULVANEY requested debate on the Bill.


Printed Page 2201 . . . . . Thursday, April 12, 2007

POINT OF ORDER

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

H. 3136--POINT OF ORDER

The following Bill was taken up:

H. 3136 (Word version) -- Reps. Brady, Scarborough, Cobb-Hunter, Funderburk, Miller, Harvin, Ceips, Parks, Neilson, Haley, Knight, Viers, Vick, Whitmire, Brantley, Allen, Davenport, Hardwick, Scott, Anthony, Gullick, Breeland, Mack, Battle, Williams, Sandifer, R. Brown, Govan, Hosey, Edge, McLeod, Hart, Hayes, Jennings, Agnew, Gambrell, J. H. Neal, Weeks, Harrison, Spires, Moss, Rutherford, Bales, Branham, Mitchell, F. N. Smith, Jefferson, Merrill, Anderson, Herbkersman, Taylor, Huggins, Mahaffey, Alexander, Clyburn, Phillips, Lowe, Dantzler, Witherspoon, Whipper, Coleman and Barfield: A BILL TO ENACT THE "CERVICAL CANCER PREVENTION ACT" SO AS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-187 SO AS TO PROVIDE THAT BEGINNING WITH THE 2009-2010 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REQUIRE FEMALE STUDENTS ENROLLING IN THE SEVENTH GRADE TO HAVE RECEIVED THE CERVICAL CANCER VACCINE SERIES AND TO AUTHORIZE DELAYING THE REQUIREMENT FOR STUDENTS WHO ARE NOT ELEVEN YEARS OLD AT ENROLLMENT INTO THE SEVENTH GRADE; TO APPLY THE DEPARTMENT'S IMMUNIZATION AND VACCINATION EXEMPTIONS, AS PROVIDED FOR IN REGULATION, INCLUDING, BUT NOT LIMITED TO, A RELIGIOUS EXEMPTION; AND TO PROVIDE THAT IMPLEMENTATION OF THIS SECTION IS CONTINGENT UPON STATE AND FEDERAL FUNDING.

POINT OF ORDER

Rep. SELLERS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not


Printed Page 2202 . . . . . Thursday, April 12, 2007

been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3286--POINT OF ORDER

The following Bill was taken up:

H. 3286 (Word version) -- Reps. Crawford and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-70 SO AS TO PROVIDE FOR THE USE OF PLAIN LANGUAGE COMMUNICATIONS BY EACH STATE AND LOCAL EMERGENCY, FIRE, AND LAW ENFORCEMENT AGENCY.

POINT OF ORDER

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

H. 3304--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3304 (Word version) -- Reps. J. M. Neal, McLeod, Branham, Chalk, Frye, Gambrell, Littlejohn, Lucas, Mulvaney, Neilson, Rice, Spires, Viers and Agnew: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.


Printed Page 2203 . . . . . Thursday, April 12, 2007

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11518AC07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 44-61-80(d) and (e) of the 1976 Code, as amended by Act 271 of 2004, is further amended to read:

"(d)   A person seeking EMT certification or recertification must undergo a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division(SLED), and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal records checks must be reported to the department. SLED is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. The cost of the state criminal records check must not exceed eight dollars and must be paid to the department by the EMT or the EMS agency upon application for the state check. The cost of the national records check is established by the FBI and must be paid to the department by the EMT or the EMS agency upon application for the national check. The state and national criminal records checks are not required for an EMT employed as of July 1, 2007, until the EMT applies for recertification. The department may deny certification to applicants with certain past felony convictions and to those who are under felony indictment. Applications for certification of individuals convicted of or under indictment for the following crimes will be denied in all cases:

(1)   felonies involving criminal sexual conduct;

(2)   felonies involving the physical or sexual abuse of children, the elderly, or the infirm including, but not limited to, criminal sexual misconduct with a child, making or distributing child pornography or using a child in a sexual display, incest involving a child, assault on a vulnerable adult;
(3) a crime in which the victim is a patient or resident of a health care facility, including abuse, neglect, theft from, or financial exploitation of a person entrusted to the care or protection of the applicant.
Applications from individuals convicted of, or under indictment for, other offenses not listed above will be reviewed by the department on a case by case basis.

(e)   EMT certification is valid for a period not exceeding three years from the date of issuance and must be renewed by undergoing a


Printed Page 2204 . . . . . Thursday, April 12, 2007

state and national criminal records check as provided for in subsection (d) and completing a refresher course and examination during the three-year certification period as required by the department and provided for by this article. Upon successful completion of an approved in-service training program directed by the medical control physician during the three-year certification period and passage of the skills evaluation as provided for by the department, the refresher course requirements and the practical skills evaluation may be waived. Failure to pass the written examination after three attempts will require completion of another refresher course and reexamination. The curriculum for in-service training programs required in this subsection must include, but not be limited to, subject matter prescribed by the department. The in-service training programs shall consist of classroom and skills phases that may be conducted at licensed services, educational facilities, or hospitals throughout the State. The medical control physician who evaluates the skills of an emergency medical technician applying for certificate renewal may also grant a waiver of taking the written exam. The waiver must certify that the emergency medical technician is knowledgeable, proficient, and capable of performing the duties of an emergency medical technician. The accomplished waiver substitutes for the written exam, but all others are required to take the prescribed written exam before renewal. Those who are nationally registered may exempt the state practical and written exam upon submission of appropriate documentation."
SECTION   2.   This act takes effect July 1, 2007./
Renumber sections to conform.
Amend title to conform.

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

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

H. 3304--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. JEFFERSON, with unanimous consent, it was ordered that H. 3304 (Word version) be read the third time tomorrow.


Printed Page 2205 . . . . . Thursday, April 12, 2007

H. 3846--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3846 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO ENACT PROVISIONS TO PROTECT SOUTH CAROLINA RATEPAYERS BY ENHANCING THE CERTAINTY OF INVESTMENTS IN THE INFRASTRUCTURE OF ELECTRIC UTILITIES SERVING CONSUMERS IN THIS STATE AND THE RECOVERY OF FUEL COSTS INCLUDING PROVISIONS TO AMEND CHAPTER 33 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, RELATING TO ELECTRICAL UTILITY FACILITY SITING AND ENVIRONMENTAL PROTECTION SO AS TO REVISE PROCEDURES FOR APPROVING COSTS ASSOCIATED WITH THE ADDITION OF BASE LOAD GENERATION PLANTS AND TO PROTECT SOUTH CAROLINA RATEPAYERS BY ENHANCING THE CERTAINTY OF INVESTMENTS IN THE INFRASTRUCTURE OF ELECTRIC UTILITIES IN THIS STATE; TO AMEND SECTION 58-27-610, RELATING TO DEFINITIONS IN REGARD TO SERVICE RIGHTS OF ELECTIVE SUPPLIERS, SO AS TO ADD A DEFINITION OF "CORRIDOR RIGHTS"; TO AMEND SECTION 58-27-620, RELATING TO SERVICE RIGHTS OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO FURTHER PROVIDE FOR THESE RIGHTS AND RESTRICTIONS AND A REVISION OF CERTAIN TERRITORIAL ASSIGNMENTS; TO AMEND SECTION 58-27-660, AS AMENDED, RELATING TO THE FURNISHING OF ELECTRIC SERVICE IN AREAS SERVED BY ANOTHER SUPPLIER, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE PUBLIC SERVICE COMMISSION MAY ORDER AN ELECTRIC SUPPLIER TO FURNISH ELECTRIC SERVICE; TO AMEND SECTION 58-27-865, AS AMENDED, RELATING TO FUEL COSTS FOR PRODUCING ELECTRIC POWER AND THE RECOVERY OF THESE COSTS, SO AS TO INCLUDE IN THE DEFINITION OF "FUEL COST" CERTAIN ENVIRONMENTAL COSTS AND EMISSIONS ALLOWANCE COSTS INCURRED IN THE PRODUCTION OF ELECTRIC POWER AND TO ALLOW THE PUBLIC SERVICE COMMISSION BY ORDER TO ALLOW ADDITIONAL ENVIRONMENTAL COSTS TO BE INCLUDED IN THE DEFINITION; TO AMEND SECTION 58-27-870, AS AMENDED, RELATING TO PUBLIC SERVICE COMMISSION HEARINGS ON


Printed Page 2206 . . . . . Thursday, April 12, 2007

PROPOSED RATE CHANGES, SO AS TO REVISE THE TIME WITHIN WHICH THE COMMISSION IS REQUIRED TO ISSUE AN ORDER PERTAINING THERETO; AND TO AMEND SECTION 58-27-1210, AS AMENDED, RELATING TO EXTENSION OF ELECTRIC FACILITIES, SO AS TO PROVIDE FOR SPECIFIED CIRCUMSTANCES WHEN AN ELECTRIC SUPPLIER MUST OBTAIN PUBLIC SERVICE COMMISSION APPROVAL FOR CONSTRUCTION OF ELECTRIC FACILITIES.

Reps. CHELLIS, THOMPSON, CATO, UMPHLETT, DANTZLER, HAMILTON, G. R. SMITH, SHOOPMAN, SANDIFER, CRAWFORD, WITHERSPOON, WHITMIRE, DUNCAN, OWENS and WHITE requested debate on the Bill.

S. 282--RECALLED AND REFERRED TO COMMITTEE ON WAYS AND MEANS

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

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


Printed Page 2207 . . . . . Thursday, April 12, 2007

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

Printed Page 2208 . . . . . Thursday, April 12, 2007

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.

R. 14, H. 3357--GOVERNOR'S VETO --DEBATE ADJOURNED

The Veto on the following Act was taken up:

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

Rep. JENNINGS moved to adjourn debate on the Veto until Tuesday, April 17, which was agreed to.

H. 3844--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

H. 3844 (Word version) -- Reps. Vick, Neilson, Lucas and Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG DON HILL ROAD (S-13-59) IN CHESTERFIELD COUNTY "BOATWRIGHT BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT


Printed Page 2209 . . . . . Thursday, April 12, 2007

THIS BRIDGE THAT CONTAIN THE WORDS "BOATWRIGHT BRIDGE".

Rep. HAYES moved to adjourn debate on the Resolution until Tuesday, April 17, which was agreed to.

MOTION PERIOD

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

S. 155--ORDERED TO THIRD READING

The following Bill was taken up:

S. 155 (Word version) -- Senators Campsen, McConnell, Leatherman, Gregory, Elliott, Rankin, Vaughn, Ryberg, Courson, Richardson, Hayes, Mescher, Ritchie, Knotts, Cleary, Alexander and Fair: A BILL TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND TO RATIFY AMENDMENTS TO SECTION 17, ARTICLE I, AND SECTION 5, ARTICLE XIV, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

Rep. DELLENEY explained the Bill.

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

Yeas 109; Nays 1


Printed Page 2210 . . . . . Thursday, April 12, 2007

Those who voted in the affirmative are:
Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Bedingfield            Bingham                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                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Haskins
Hayes                  Hinson                 Hiott
Hodges                 Hosey                  Huggins
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vick                   Viers
Walker                 Weeks                  White
Whitmire               Williams               Witherspoon
Young

Total--109


Printed Page 2211 . . . . . Thursday, April 12, 2007

Those who voted in the negative are:
Whipper

Total--1

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

S. 155--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 155 (Word version) be read the third time tomorrow.

S. 156--POINT OF ORDER

The following Bill was taken up:

S. 156 (Word version) -- Senators Campsen, McConnell, Leatherman, Vaughn, Courson, Hayes, Richardson, Ritchie, McGill, Knotts, Elliott, Alexander, Verdin and Fair: A BILL TO RATIFY AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS BY A MAJORITY VOTE OF THE RECEDING BODY OR FOR MORE THAN THIRTY DAYS BY A TWO-THIRDS VOTE OF THE RECEDING BODY, TO PROVIDE THAT EACH BODY MAY PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT CONSIDERS APPROPRIATE AND TO AUTHORIZE AN ORGANIZATIONAL SESSION FOLLOWING THE ELECTION OF SENATORS; AND TO RATIFY AN AMENDMENT TO ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.

POINT OF ORDER

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


Printed Page 2212 . . . . . Thursday, April 12, 2007

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.

H. 3624--POINT OF ORDER

The following Bill was taken up:

H. 3624 (Word version) -- Reps. Herbkersman, Cotty, Bannister, Breeland, Crawford, Duncan, Edge, Harrison, Hinson, Huggins, Jennings, Scott, G. M. Smith, Miller, Battle and Perry: A BILL TO AMEND SECTION 61-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES.

POINT OF ORDER

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

H. 3846--POINT OF ORDER

The following Bill was taken up:

H. 3846 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO ENACT PROVISIONS TO PROTECT SOUTH CAROLINA RATEPAYERS BY ENHANCING THE CERTAINTY OF INVESTMENTS IN THE INFRASTRUCTURE OF ELECTRIC UTILITIES SERVING CONSUMERS IN THIS STATE AND THE RECOVERY OF FUEL COSTS INCLUDING PROVISIONS TO AMEND CHAPTER 33 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, RELATING TO ELECTRICAL UTILITY FACILITY SITING AND ENVIRONMENTAL PROTECTION SO AS TO REVISE PROCEDURES FOR APPROVING COSTS ASSOCIATED WITH THE ADDITION OF BASE LOAD GENERATION PLANTS AND TO PROTECT SOUTH CAROLINA RATEPAYERS BY


Printed Page 2213 . . . . . Thursday, April 12, 2007

ENHANCING THE CERTAINTY OF INVESTMENTS IN THE INFRASTRUCTURE OF ELECTRIC UTILITIES IN THIS STATE; TO AMEND SECTION 58-27-610, RELATING TO DEFINITIONS IN REGARD TO SERVICE RIGHTS OF ELECTIVE SUPPLIERS, SO AS TO ADD A DEFINITION OF "CORRIDOR RIGHTS"; TO AMEND SECTION 58-27-620, RELATING TO SERVICE RIGHTS OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO FURTHER PROVIDE FOR THESE RIGHTS AND RESTRICTIONS AND A REVISION OF CERTAIN TERRITORIAL ASSIGNMENTS; TO AMEND SECTION 58-27-660, AS AMENDED, RELATING TO THE FURNISHING OF ELECTRIC SERVICE IN AREAS SERVED BY ANOTHER SUPPLIER, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE PUBLIC SERVICE COMMISSION MAY ORDER AN ELECTRIC SUPPLIER TO FURNISH ELECTRIC SERVICE; TO AMEND SECTION 58-27-865, AS AMENDED, RELATING TO FUEL COSTS FOR PRODUCING ELECTRIC POWER AND THE RECOVERY OF THESE COSTS, SO AS TO INCLUDE IN THE DEFINITION OF "FUEL COST" CERTAIN ENVIRONMENTAL COSTS AND EMISSIONS ALLOWANCE COSTS INCURRED IN THE PRODUCTION OF ELECTRIC POWER AND TO ALLOW THE PUBLIC SERVICE COMMISSION BY ORDER TO ALLOW ADDITIONAL ENVIRONMENTAL COSTS TO BE INCLUDED IN THE DEFINITION; TO AMEND SECTION 58-27-870, AS AMENDED, RELATING TO PUBLIC SERVICE COMMISSION HEARINGS ON PROPOSED RATE CHANGES, SO AS TO REVISE THE TIME WITHIN WHICH THE COMMISSION IS REQUIRED TO ISSUE AN ORDER PERTAINING THERETO; AND TO AMEND SECTION 58-27-1210, AS AMENDED, RELATING TO EXTENSION OF ELECTRIC FACILITIES, SO AS TO PROVIDE FOR SPECIFIED CIRCUMSTANCES WHEN AN ELECTRIC SUPPLIER MUST OBTAIN PUBLIC SERVICE COMMISSION APPROVAL FOR CONSTRUCTION OF ELECTRIC FACILITIES.

POINT OF ORDER

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


Printed Page 2214 . . . . . Thursday, April 12, 2007

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

S. 280 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF INTERIOR AUTHORIZE THE PLACEMENT OF A MARKER OR MEMORIAL AT AN APPROPRIATE LOCATION AT THE BLOODY ANGLE IN THE MULE SHOE ON THE BATTLEFIELDS FOR THE SPOTSYLVANIA COURT HOUSE THAT RECOGNIZES THE SIGNIFICANT ROLE OF SOUTH CAROLINIAN SOLDIERS IN THE BATTLE AT SPOTSYLVANIA COURT HOUSE.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3879 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 44-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY RESIDENTIAL CARE FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY NOT REMOVE A RESIDENT FROM SUCH A FACILITY IF THE RESIDENT, THE RESIDENT'S FAMILY, THE RESIDENT'S PHYSICIAN, AND THE FACILITY AGREE TO THE RESIDENT'S CONTINUED STAY AND IF THE FACILITY IS CAPABLE OF PROVIDING OR OBTAINING NECESSARY SERVICES FOR THE RESIDENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3880 (Word version) -- Reps. W. D. Smith, Hagood and Mitchell: A BILL TO AMEND ARTICLE 7, CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM, SO AS TO REVISE THE LIABILITY PROTECTION PROVIDED TO PARTIES WHO ARE NOT RESPONSIBLE FOR ENVIRONMENTAL


Printed Page 2215 . . . . . Thursday, April 12, 2007

CONTAMINATION OF PROPERTY AND WHO SUBSEQUENTLY BECOME RESPONSIBLE FOR THE PROPERTY; TO FURTHER SPECIFY THE SCOPE OF A COVENANT NOT TO SUE PROVIDED TO PARTIES WHO ARE RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY; TO SPECIFY THAT PROPERTY ON TO WHICH A RELEASE OF PETROLEUM PRODUCTS OCCURRED IS PROPERTY ELIGIBLE FOR PARTICIPATION IN THIS VOLUNTARY CLEANUP PROGRAM; TO FURTHER SPECIFY THE CONTENTS OF A VOLUNTARY CLEANUP CONTRACT AND GROUNDS FOR TERMINATION OF THE CONTRACT; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPORT TO THE GENERAL ASSEMBLY ON THE ACTIVITIES OF THIS PROGRAM; AND TO CONFORM PROVISIONS IN THIS ARTICLE TO THE REVISIONS MADE PURSUANT TO THIS ACT.
Referred to Committee on Judiciary

H. 3881 (Word version) -- Rep. Hagood: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ILL-TREATMENT OF ANIMALS, SO AS TO CLARIFY THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO THE PRACTICE OF VETERINARY MEDICINE IN ACCORDANCE WITH ACCEPTED VETERINARY PRACTICE STANDARDS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3882 (Word version) -- Reps. Toole, Duncan, Huggins and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-525 SO AS TO PROVIDE THAT A PERSON WHO IS NOT A RESIDENT OF THIS STATE WHO OBTAINS A STATE NONRESIDENT PERMIT OR LICENSE ALLOWING HIM TO HUNT BIG GAME IN THIS STATE IS NOT PERMITTED TO HUNT DEER IN A PARTICULAR GAME ZONE UNTIL THIRTY DAYS AFTER THE OPEN SEASON FOR DEER HAS BEGUN IN THAT GAME ZONE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


Printed Page 2216 . . . . . Thursday, April 12, 2007

H. 3885 (Word version) -- Rep. Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 151 TO TITLE 59 SO AS TO ENACT THE "TWENTY-FIRST CENTURY SCHOLARS PROGRAM", TO ALLOW AN EIGHTH GRADE STUDENT WHO IS ELIGIBLE FOR FREE OR REDUCED LUNCHES AND WHO MEETS CERTAIN CONDITIONS TO RECEIVE, UPON GRADUATION, AN ANNUAL TUITION SCHOLARSHIP TO A PUBLIC OR PRIVATE INSTITUTION OF HIGHER LEARNING, TO ESTABLISH THE TWENTY-FIRST CENTURY SCHOLARS FUND FOR THE PURPOSE OF AWARDING TUITION SCHOLARSHIPS TO THE EXTENT MONIES ARE AVAILABLE IN THE FUND, TO REQUIRE THAT THE FUND BE ADMINISTERED BY THE COMMISSION ON HIGHER EDUCATION, TO REQUIRE THE COMMISSION TO RECOMMEND TO THE GENERAL ASSEMBLY A FUNDING SOURCE FOR THE PROGRAM, TO PROVIDE FOR DEFINITIONS, AND TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO PROMULGATE RULES AND REGULATIONS.
Referred to Committee on Ways and Means

H. 3886 (Word version) -- Reps. Vick, Rutherford, Ballentine, Jennings and W. D. Smith: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO ASSISTANT SOLICITORS AND TO CLARIFY A REFERENCE.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

The following was introduced:

H. 3883 (Word version) -- Reps. Merrill, 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,


Printed Page 2217 . . . . . Thursday, April 12, 2007

Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, 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 HONOR AND COMMEND STEPHEN M. LACY FOR HIS STRONG LEADERSHIP AND SUPPORT AS PRESIDENT, CHIEF EXECUTIVE OFFICER, AND A MEMBER OF THE BOARD OF DIRECTORS FOR THE MEREDITH CORPORATION IN SPONSORING THE FAMILY CIRCLE CUP AND THE ECONOMIC IMPORTANCE IT BRINGS TO THE CITY OF CHARLESTON AND THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3884 (Word version) -- Rep. Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. KELLEY VARNER OF NORTH CAROLINA FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS A MINISTER OF GOD.

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 12, 2007
Mr. Speaker and Members of the House:

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

Very respectfully,
President


Printed Page 2218 . . . . . Thursday, April 12, 2007

On motion of Rep. J. H. NEAL the invitation was accepted.

RATIFICATION OF ACTS

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

(R21, S. 305 (Word version)) -- Senator Short: AN ACT TO AMEND ACT 525 OF 1982, AS AMENDED, RELATING TO ELECTION OF MEMBERS OF THE CHESTER COUNTY COUNCIL AND THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE SAME TIME AS THE GENERAL ELECTION AND PROVIDE FOR FILING REQUIREMENTS AND SUPERVISION OF THE ELECTIONS.

(R22, H. 3345 (Word version)) -- Reps. Ceips, Harrison, E.H. Pitts and J.E. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-618 SO AS TO DESIGNATE AUGUST 16TH EVERY YEAR AS SOUTH CAROLINA AIRBORNE HERITAGE DAY.

(R23, H. 3724 (Word version)) -- Rep. Coleman: AN ACT TO DEVOLVE ALL OF THE POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES OF THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY AND THE FAIRFIELD COUNTY RECREATION DISTRICT UPON THE GOVERNING BODY OF FAIRFIELD COUNTY, AND TO PROVIDE A PROCEDURE FOR THE DEVOLUTION OF POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES; AND TO REPEAL ACT 1079 OF 1958 RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, AND ACT 1059 OF 1970 RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT.

(R24, H. 3748 (Word version)) -- Rep. Miller: A JOINT RESOLUTION TO EXTEND FOR THE YEAR 2007 THE SEASON FOR COMMERCIAL FISHING FOR SHAD FOR THE SANTEE RIVER BELOW WILSON DAM INCLUDING THE REDIVERSION CANAL BELOW ST. STEPHEN DAM, NORTH SANTEE RIVER AND BAY, SOUTH SANTEE RIVER, AND ALL TRIBUTARIES AND DISTRIBUTARIES TO THEM, ENDS ON APRIL 15.


Printed Page 2219 . . . . . Thursday, April 12, 2007

MOTION ADOPTED

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

MOTION NOTED

Rep. STAVRINAKIS moved to reconsider the vote whereby H. 3806 (Word version) was rejected and the motion was noted.

ADJOURNMENT

At 11:35 a.m. the House, in accordance with the motion of Rep. WALKER, adjourned in memory of Steve and Freida Greene, to meet at 10:00 a.m. tomorrow.

***

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