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


Printed Page 2691 . . . . . Thursday, April 26, 2007

Thursday, April 26, 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 Isaiah 35:3: "Strengthen the feeble hands, steady the knees that give way; say to those with fearful hearts, be strong, do not fear."
Let us pray. Almighty God, Your strength is given to each to serve as You have called. We are stuck in the middle of God's promises already given and not yet fulfilled. Help us to live with hope that everything given by You will be fulfilled for us. Strengthen each one to give the very best for the people they serve. 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 PRO TEMPORE.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.

MOTION ADOPTED

Rep. LITTLEJOHN moved that when the House adjourns, it adjourn in memory of former Supreme Court Chief Justice Bruce Littlejohn, who was also a former Speaker of the House, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 26, 2007
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 a.m. today for the purpose of ratifying Acts.


Printed Page 2692 . . . . . Thursday, April 26, 2007

Very respectfully,
President

On motion of Rep. SCOTT the invitation was accepted.

REGULATION WITHDRAWN

Document No. 2927
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 40-25-10, et seq.
The Practice of Selling and Fitting Hearing Aids
Received by Speaker of the House of Representatives
January 20, 2005
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 20, 2005
Withdrawn and Resubmitted April 20, 2005

HOUSE RESOLUTION

The following was introduced:

H. 3996 (Word version) -- Reps. Bales, Agnew, Alexander, Allen, Anderson, Anthony, 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, 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 MRS. RUTH WOOTEN OF RICHLAND COUNTY ON THE OCCASION OF HER NINETY-FIFTH BIRTHDAY, AND TO WISH HER A


Printed Page 2693 . . . . . Thursday, April 26, 2007

JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Resolution was adopted.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3997 (Word version) -- Rep. Spires: A BILL TO AMEND SECTION 40-11-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTOR'S FINANCIAL STATEMENTS, NET WORTH REQUIREMENTS, AND FINANCIAL LIMITATIONS ON BIDS AND JOBS, SO AS TO INCREASE FOR GROUP FOUR MECHANICAL CONTRACTORS THE BID AND JOB LIMITATION FROM ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS AND THE NET WORTH REQUIREMENT FROM TWENTY-FIVE THOUSAND DOLLARS TO SEVENTY-FIVE THOUSAND DOLLARS.
Referred to Committee on Labor, Commerce and Industry

ROLL CALL

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

Agnew                  Allen                  Anderson
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Clyburn                Cooper                 Crawford
Dantzler               Delleney               Edge
Frye                   Funderburk             Gambrell
Govan                  Gullick                Hagood
Hamilton               Hardwick               Harrison
Hart                   Harvin                 Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas

Printed Page 2694 . . . . . Thursday, April 26, 2007

Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Taylor                 Thompson               Toole
Umphlett               Walker                 Weeks
White                  Williams               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 26.

Mike Anthony                      Scott Talley
G. Murrell Smith                  Thad Viers
Richard Chalk                     Gilda Cobb-Hunter
William R. "Bill" Whitmire        Terry Alexander
Shirley Hinson                    William Bowers
Ted Vick                          Ralph Davenport
Harry Ott                         Chip Huggins
Alan D. Clemmons                  Bill Cotty
Converse Chellis                  Gloria Haskins
Jackson "Seth" Whipper            Kenneth Kennedy
Todd Rutherford                   Creighton Coleman

Total Present--116

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. DUNCAN a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. KELLY a leave of absence for the day due to family medical reasons.


Printed Page 2695 . . . . . Thursday, April 26, 2007

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. HARRELL a leave of absence for the day.

SPECIAL PRESENTATION

Rep. HARRISON presented to the House the Hand Middle School Mock Trial Team 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. 3959 (Word version)
Date:   ADD:
04/26/07   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3959 (Word version)
Date:   ADD:
04/26/07   ANDERSON

CO-SPONSOR ADDED

Bill Number:   H. 3959 (Word version)
Date:   ADD:
04/26/07   GOVAN


Printed Page 2696 . . . . . Thursday, April 26, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3960 (Word version)
Date:   ADD:
04/26/07   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3960 (Word version)
Date:   ADD:
04/26/07   GOVAN

CO-SPONSOR ADDED

Bill Number:   H. 3960 (Word version)
Date:   ADD:
04/26/07   ANDERSON

CO-SPONSOR ADDED

Bill Number:   H. 3968 (Word version)
Date:   ADD:
04/26/07   LOWE

CO-SPONSOR ADDED

Bill Number:   H. 3968 (Word version)
Date:   ADD:
04/26/07   G. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3968 (Word version)
Date:   ADD:
04/26/07   J. H. NEAL

CO-SPONSOR ADDED

Bill Number:   H. 3968 (Word version)
Date:   ADD:
04/26/07   WEEKS

SENT TO THE SENATE

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

H. 3953 (Word version) -- Rep. Vick: A BILL TO AMEND ACT 205 OF 1993, AS AMENDED, RELATING TO THE DISTRICT BOARD OF


Printed Page 2697 . . . . . Thursday, April 26, 2007

EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE FOR ELECTIONS FOR TRUSTEES, AND THE FILING PERIOD FOR DECLARATIONS OF CANDIDACY; AND TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE LOCAL EDUCATION ADVISORY COUNCILS IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH THE MEMBERSHIP OF CERTAIN ADVISORY COUNCILS IS DETERMINED AND THE NUMBER OF MEMBERS OF EACH ADVISORY COUNCIL.

H. 3817 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR COPPER PIPE, SO AS TO INCLUDE ALUMINUM AND PRODUCTS CONTAINING A MIXTURE OF COPPER AND ALUMINUM AND TO PROVIDE AN EXCEPTION FOR ALUMINUM CANS.

ORDERED TO THIRD READING

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

H. 3976 (Word version) -- Rep. Ott: A BILL TO ABOLISH THE CALHOUN COUNTY BOARD OF VOTER REGISTRATION AND THE CALHOUN COUNTY ELECTION COMMISSION AND TO CREATE THE CALHOUN COUNTY BOARD OF ELECTIONS AND REGISTRATION.

H. 3983 (Word version) -- Rep. Anderson: A BILL TO PROVIDE THAT BEGINNING JULY 1, 2007, THE BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT SHALL CONSIST OF SEVEN MEMBERS APPOINTED FROM THE DISTRICT AT LARGE BY THE GOVERNOR UPON THE RECOMMENDATION OF THE WILLIAMSBURG COUNTY LEGISLATIVE DELEGATION, TO PROVIDE FOR THEIR TERMS OF OFFICE, AND TO REPEAL SECTION 1 OF ACT 632 OF 1980, ACT 577 OF 1982, ACT 798 OF 1988, AND ACT 471 OF 2002 RELATING TO THE ELECTION OR TERMS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY.


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H. 3289--DEBATE ADJOURNED

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

H. 3289 (Word version) -- Rep. Vick: 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 FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, LEGAL TENDER COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.

H. 3507--COMMITTED

The following Bill was taken up:

H. 3507 (Word version) -- Reps. Rice, Allen, Cato, Hamilton, Leach, Loftis and J. R. Smith: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE GREATER GREENVILLE SEWER DISTRICT (CURRENTLY WESTERN CAROLINA SEWER AUTHORITY), SO AS TO INCREASE THE MEMBERSHIP OF THE AUTHORITY BY ADDING THE CHAIRMEN OF CERTAIN ENTITIES SERVICED BY THE AUTHORITY AS EX OFFICIO VOTING MEMBERS.

Rep. RICE moved to commit the Bill to the Greenville Delegation, which was agreed to.

S. 243--DEBATE ADJOURNED

Rep. MAHAFFEY moved to adjourn debate upon the following Bill until Wednesday, May 2, which was adopted:

S. 243 (Word version) -- Senators Setzler, Leatherman, Fair and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND", TO AUTHORIZE THE SOUTH CAROLINA RESEARCH AUTHORITY TO ADMINISTER SUBGRANTS FOR THE PURPOSE OF PROMOTING THE DEVELOPMENT OF HYDROGEN PRODUCTION, TO ALLOW THE FUND TO RECEIVE DONATIONS, GRANTS, AND OTHER


Printed Page 2699 . . . . . Thursday, April 26, 2007

FUNDING AS PROVIDED BY LAW, TO ALLOW A TAXPAYER WHO MAKES A CONTRIBUTION TO THE FUND TO RECEIVE A TAX CREDIT SUBJECT TO CERTAIN LIMITATIONS, TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE A SPECIFIC AMOUNT FROM THE GENERAL FUND OF THE STATE TO THE FUND, AND TO REQUIRE STATE AGENCIES TO CONSIDER PURCHASING EQUIPMENT AND MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR BOTH OF THEM; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW A CREDIT AGAINST THE INCOME TAX, LICENSE FEES, OR INSURANCE PREMIUM TAXES FOR QUALIFIED CONTRIBUTIONS MADE TO THE FUND; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR EQUIPMENT OR MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR USED TO DISTRIBUTE HYDROGEN AND FOR EQUIPMENT AND MACHINERY USED PREDOMINATELY FOR RESEARCH AND DEVELOPMENT INVOLVING HYDROGEN OR FUEL CELL TECHNOLOGIES, AND TO ALLOW A SALES TAX EXEMPTION FOR BUILDING MATERIALS, MACHINERY, OR EQUIPMENT USED TO CONSTRUCT A NEW OR RENOVATED BUILDING LOCATED IN A RESEARCH DISTRICT.

S. 321--ORDERED TO THIRD READING

The following Bill was taken up:

S. 321 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST SECONDARY INSTITUTION LICENSE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF A "NONPUBLIC EDUCATIONAL INSTITUTION" FOR PURPOSES OF THE ACT, SO AS TO PROVIDE FOR FURTHER EXCLUSIONS; AND TO AMEND SECTION 59-58-80, RELATING TO BONDS OR COLLATERAL FOR THE PROTECTION OF STUDENT TUITION AND FEES, SO AS TO FURTHER PROVIDE FOR THE PURPOSE FOR WHICH THE PROCEEDS OF A SURETY BOND AND MONIES IN THE


Printed Page 2700 . . . . . Thursday, April 26, 2007

TUITION GUARANTY FUND, RENAMED THE STUDENT RECOVERY FUND, MAY BE USED.

Rep. SELLERS proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5269CM07), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION   __.   Section 59-150-360(D) of the 1976 Code, as last amended by Act 48 of 2005, is further amended to read:

"(D)   'Tuition Assistance' for purposes of this section means, to the extent funds are appropriated, the amount charged for registering for credit hours of instruction and academic fees, less all federal grants and need-based grants, and does not include other fees, charges, or costs of textbooks. However, a student who is enrolled in a technical college and residing in an on-campus residential facility maintained by the technical college may receive tuition assistance pursuant to this section in addition to state and federal funds received." /
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS explained the amendment.

POINT OF ORDER

Rep. YOUNG raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
Rep. SELLERS argued contra.
SPEAKER PRO TEMPORE W. D. SMITH stated that while the Amendment dealt with using lottery funds to provide tuition assistance for technical college students, the Bill dealt with surety bonds or collateral for the protection of student tuition and fees in nonpublic educational institutions. He therefore sustained the Point of Order and ruled the Amendment out of order.

The Bill was read second time and ordered to third reading.

S. 139--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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


Printed Page 2701 . . . . . Thursday, April 26, 2007

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 Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20234SD07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 12-37-224 of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:

"Section 12-37-224.   A motor home, a boat or watercraft, or trailer used for camping and recreational travel that is pulled by a motor vehicle, on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes. By ordinance, the governing body of a county may extend the provisions of this section to a boat that meets the same qualifications required for motor homes pursuant to this section."
SECTION   2.   This act takes effect upon approval by the Governor and is applicable for travel trailer or boat or watercraft property tax years beginning after 2006.   /
Renumber sections to conform.
Amend title to conform.

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

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

S. 518--REQUEST FOR DEBATE, AMENDED, AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL


Printed Page 2702 . . . . . Thursday, April 26, 2007

MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11581AC07), which was adopted:
Amend the bill, as and if amended, Section 44-37-50(A), page 2, line 7 by deleting /and the/ and inserting /. Every hospital also must make available information on the/. So when amended Section 44-37-50(A) reads:
/(A)   Every hospital in this State must make available to the parents of each newborn baby delivered in the hospital a video presentation on the dangers associated with shaking infants and young children. Every hospital also must make available information on the importance of parents and caregivers learning infant CPR. The hospital must request that the maternity patient, the father, or the primary caregiver view the video. Those persons whom the hospital requested to view the video shall sign a document prescribed by the Department of Health and Environmental Control stating that they have been offered an opportunity to view the video./


Printed Page 2703 . . . . . Thursday, April 26, 2007

Amend the bill further, Section 44-37-50(F), page 3, line 19 by deleting /good faith/. So when amended Section 44-37-50(F) reads:
/(F)   Nothing contained in this section may be construed to create any civil, criminal, or administrative cause of action or other liability against a health care facility or health care provider for any acts or omissions relating to compliance with this section./
Renumber sections to conform.
Amend title to conform.

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

Rep. TALLEY requested debate on the Bill.

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

H. 3457--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3457 (Word version) -- Reps. Mack, Breeland, R. Brown, Hosey, Limehouse and Stavrinakis: A BILL TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE REVOKED OR SUSPENDED.

Rep. TALLEY proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7269AHB07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 61-4-590 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-4-590.   (A)   The department has jurisdiction to revoke or suspend permits authorizing the sale of beer or wine. The department may, on its own initiative or on complaint signed and sworn to by two or more freeholders resident for the preceding six months in the community in which the licensed premises are located or


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by a local peace officer, all of whom are charged with the duty of reporting immediately to the department a violation of the provisions of Section 61-4-580, revoke or suspend the permit pursuant to the South Carolina Revenue Procedures Act. The decision of the Administrative Law Judge division shall Court is not be automatically superseded or stayed by the filing of a petition for judicial review.

(B)   In addition to the notice requirements contained in the Administrative Procedures Act, the department may not suspend a licensee's permit authorizing the sale of beer or wine until the division has conducted and completed an investigation, and the department has made an official determination that the licensee's permit should be revoked or suspended."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Reps. HAMILTON, SHOOPMAN, RICE, BEDINGFIELD and LEACH proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7288AHB07):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Section 61-4-520 of the 1976 Code, as last amended by Act 161 of 2005, is further amended by adding an appropriately numbered item at the end to read:

"( )   The department holds a local hearing after the notice of application provisions of items (7) and (8) have been met. Persons authorized to file a protest pursuant to the provisions of Section 61-4-525 may file a similar protest with the department at the time of the local hearing. For purposes of this item, 'local hearing' means a hearing held in the county where the applicant is seeking a permit authorizing the sale of beer or wine." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Article 3, Subarticle 1, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-125.   (A)   The department shall not grant or issue a license provided for in this article or Article 7 unless the department holds a local hearing after the notice of application provisions of


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Section 61-6-180 have been met. Persons authorized to file a protest pursuant to the provisions of Section 61-6-185 may file a similar protest with the department at the time of the local hearing.

(B)   For purposes of this section, 'local hearing' means a hearing held in the county where the applicant is seeking a permit authorizing the sale of alcoholic liquors."/
Renumber sections to conform.
Amend title to conform.

Rep. HAMILTON explained the amendment.
Rep. TALLEY spoke against the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2.

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:

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


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AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3998 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, INCLUDING PRESCRIPTION MEDICATIONS, SO AS TO INCLUDE IN THIS EXEMPTION PRESCRIPTIONS FOR THE TREATMENT OF CHRONIC KIDNEY DISEASE RELATED ANEMIA PRIOR TO DIALYSIS.
Referred to Committee on Ways and Means

H. 3999 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO FURTHER PROVIDE FOR THE TYPES OF UNITED STATES DEPARTMENT OF INTERIOR OFFICERS AND AGENTS WHO MAY ENFORCE THESE LAWS.
Referred to Committee on Judiciary

SENT TO THE SENATE

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

H. 3289 (Word version) -- Rep. Vick: 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 FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, LEGAL TENDER COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.


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H. 3457--REQUESTS FOR DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2:

H. 3457 (Word version) -- Reps. Mack, Breeland, R. Brown, Hosey, Limehouse and Stavrinakis: A BILL TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE REVOKED OR SUSPENDED.

Reps. HAMILTON, SHOOPMAN, RICE, BEDINGFIELD and LEACH proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7288AHB07):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Section 61-4-520 of the 1976 Code, as last amended by Act 161 of 2005, is further amended by adding an appropriately numbered item at the end to read:

"( )   The department holds a local hearing after the notice of application provisions of items (7) and (8) have been met. Persons authorized to file a protest pursuant to the provisions of Section 61-4-525 may file a similar protest with the department at the time of the local hearing. For purposes of this item, 'local hearing' means a hearing held in the county where the applicant is seeking a permit authorizing the sale of beer or wine." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Article 3, Subarticle 1, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-125.   (A)   The department shall not grant or issue a license provided for in this article or Article 7 unless the department holds a local hearing after the notice of application provisions of Section 61-6-180 have been met. Persons authorized to file a protest pursuant to the provisions of Section 61-6-185 may file a similar protest with the department at the time of the local hearing.


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(B)   For purposes of this section, 'local hearing' means a hearing held in the county where the applicant is seeking a permit authorizing the sale of alcoholic liquors."/
Renumber sections to conform.
Amend title to conform.

POINT OF ORDER

Rep. SKELTON raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill. He stated that the Bill dealt with the revocation or suspension of permits authorizing the sale of beer or wine, but the Amendment dealt with the granting of those permits.
Rep. HAMILTON argued contra.
SPEAKER PRO TEMPORE W. D. SMITH stated that the Amendment was germane and he overruled the Point of Order.

Rep. HAMILTON spoke in favor of the amendment.
Rep. LOFTIS spoke in favor of the amendment.

Rep. TALLEY moved to table the amendment, which was rejected by a division vote of 47 to 55.

Rep. HARRISON spoke against the amendment.
Rep. SKELTON spoke against the amendment.

Reps. HARRISON, LUCAS, BALES, LOFTIS, WITHERSPOON, SCOTT, HART, OTT, SKELTON, VICK, AGNEW, JEFFERSON, HERBKERSMAN, BREELAND, BRANTLEY, BEDINGFIELD, GOVAN and HIOTT requested debate on the Bill.

H. 3172--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3172 (Word version) -- Reps. Toole, Littlejohn and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1792 SO AS TO PROVIDE THAT AN ADOPTEE TWENTY-ONE YEARS OF AGE OR OLDER MAY OBTAIN A COPY OF HIS OR HER ORIGINAL RECORD OF BIRTH FROM THE STATE REGISTRAR UNLESS WITHIN THE PAST THREE YEARS THE ADOPTEE'S BIRTH PARENT HAS FILED A NOTARIZED FORM WITH THE STATE REGISTRAR


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PROHIBITING RELEASE OF IDENTIFYING INFORMATION; TO REQUIRE A BIRTH PARENT TO BE GIVEN INFORMATION ABOUT PROHIBITING RELEASE OF SUCH INFORMATION AT THE TIME OF EXECUTING A CONSENT OR RELINQUISHMENT FOR ADOPTION; TO PROVIDE THAT THIS ACT APPLIES TO ADOPTIONS FINALIZED AFTER JUNE 30, 2008, AND APPLIES TO ALL OTHER ADOPTIONS BEGINNING JULY 1, 2011; AND TO REQUIRE THE STATE REGISTRAR TO CARRY OUT A PUBLIC SERVICE CAMPAIGN EDUCATING THE PUBLIC ABOUT THE PROVISIONS OF THIS ACT.

Rep. TOOLE proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11605AC07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 20-7-1700(A) of the 1976 Code, as last amended by Act 345 of 2002, is further amended to read:

"(A)   Consent or relinquishment for the purpose of adoption, pursuant to Section 20-7-1690, must be made by a sworn document, signed by the person or the head of the agency giving consent or relinquishment after the birth of the adoptee, and must specify the following:

(1)   the permanent address of the person or agency making the sworn written statement;

(2)   the date, time, and place of the signing of the statement;

(3)   the date of birth, race, and sex of the adoptee and any names by which the adoptee has been known;

(4)   the relationship of the adoptee to the person or agency giving consent or relinquishment;

(5)   the name and address of the adoptee's mother or father;

(6)   that the consent or relinquishment by the person or agency forfeits all rights and obligations of the person or agency with respect to the named adoptee, including any future child support obligation. Giving consent or relinquishment does not relieve a person from the obligation to pay a child support arrearage unless approved by the court;

(7)   that consent or relinquishment once given must not be withdrawn except by order of the court upon a finding that it is in the best interests of the child, and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion;


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and that the entry of the final decree of adoption renders any consent or relinquishment irrevocable;

(8)   that the person or agency giving the consent or relinquishment understands that consent or relinquishment must not be given if psychological or legal advice, guidance, or counseling is needed or desired and that none is needed or desired;

(9)   that the person or agency giving the consent or relinquishment waives further notice of the adoption proceedings, unless the proceedings are contested by another person or agency;

(10)   that the person or agency giving the consent or relinquishment is doing so voluntarily, and the consent or relinquishment is not being obtained under duress or through coercion; and

(11)   that the person executing the consent or relinquishing has received information authorizing the Office of the State Registrar to release identifying information or nonidentifying health information to the adoptee as provided for in Section 20-7-1792; and

(12)   that the person or agency giving the consent or relinquishment has received a copy of the document."
SECTION   2.   Section 20-7-1780(D) of the 1976 Code is amended by adding at the end:

"An adoption agency shall provide the nonidentifying information in items (1) and (2) to the Office of the State Registrar upon the State Registrar providing the agency a copy of the statement of a birth parent or parents authorizing nonidentifying health information to be placed on a health information registry for release to an adoptee pursuant to Section 20-7-1792."
SECTION   3.   A.   Subarticle 7, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1792.   (A)   Notwithstanding any provision of this subarticle or any other provision of law, an adoptee twenty-one years of age or older may request a copy of his or her original record of birth or nonidentifying health information, or both, from the Office of the State Registrar. When an adoptee requests the original record of birth, the Office of the State Registrar shall provide the adoptee with information concerning the psychological effects of adoption and with names of counseling agencies the adoptee may contact if he or she so chooses.

(B)   At the time a birth parent executes a consent or relinquishment for adoption, the birth parent or parents must be provided written information developed by the Office of the State


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Registrar concerning the right of the birth parent or parents to authorize the release of the following information to the adoptee by the Office of the State Registrar in accordance with this section:

(1)   the parent or parents' identifying information; or

(2)   the parent or parents' nonidentifying health information.   (C)(1)   After receiving the information provided for in subsection (B)(1), the birth parent or parents may elect to have identifying information released upon request of the adoptee by filing a notarized statement with the Office of the State Registrar indicating that the birth parent or parents authorize his or her identifying information to be released to the adoptee.

(2)   If the birth parent or parents file the statement provided for in subsection (C)(1) with the Office of the State Registrar to authorize the release of the identifying information, the adoptee must be provided the original record of birth not before thirty days from the date of the adoptee's request, except when the information is requested because of a medical emergency.

(D)   If a birth parent or parents do not file the statement provided for in subsection (C)(1) with the Office of the State Registrar authorizing the release of identifying information, the Office of the State Registrar must not release any identifying information to an adoptee.

(E)(1)   After receiving the information provided for in subsection (B)(2), the birth parent or parents may elect to have nonidentifying health information placed on a registry to be released to the adoptee upon request by filing a notarized statement with the Office of the State Registrar.

(2)   If the birth parent or parents file the statement provided for in subsection (E)(1) the Office of the State Registrar shall release the information to the adoptee upon request.

(3)   The Office of the State Registrar shall obtain nonidentifying health information from adoption agencies pursuant to Section 20-7-1780(D) and shall maintain the health information registry in accordance with this section.

(F)   This section applies to all adoptions for which consent or relinquishment for adoption was executed after June 30, 2008, and as of July 1, 2011, this section applies to all adoptions for which consent or relinquishment for adoption was executed before July 1, 2008."
B.   As soon as practicable after July 1, 2008, the Office of the State Registrar shall begin conducting a public service campaign to inform the public of the provisions of this act and specifically that as of July 1,


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2011, an adoptee twenty-one years of age or older, who was adopted before July 1, 2008, may obtain a copy of his or her original birth certificate if the adoptee's birth parent files a document, in accordance with this act, authorizing such disclosure.
C.   This section takes effect July 1, 2008, except that Section 3. B. takes effect upon approval by the Governor.
SECTION   4.   Except as provided for in Section 3. C., this act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

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

H. 3172--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOOLE, with unanimous consent, it was ordered that H. 3172 (Word version) be read the third time tomorrow.

MOTION ADOPTED

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

RATIFICATION OF ACTS

At 11:45 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R25, S. 153 (Word version)) -- Senators McConnell, Leatherman, Campsen, Vaughn, Ryberg, Richardson, Hayes, Knotts, Elliott, Cleary, Alexander and Fair: AN ACT TO RATIFY AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; AND TO RATIFY AN AMENDMENT TO SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL


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ESTABLISH A METHOD OF VALUATION FOR ASSESSMENT OF REAL PROPERTY WITHIN THE STATE AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.

(R26, S. 155 (Word version)) -- Senators Campsen, McConnell, Leatherman, Gregory, Elliott, Rankin, Vaughn, Ryberg, Courson, Richardson, Hayes, Mescher, Ritchie, Knotts, Cleary, Alexander and Fair: AN ACT 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.

(R27, S. 156 (Word version)) -- Senators Campsen, McConnell, Leatherman, Vaughn, Courson, Hayes, Richardson, Ritchie, McGill, Knotts, Elliott, Alexander, Verdin and Fair: AN ACT 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


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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.

(R28, S. 431 (Word version)) -- Senators McConnell, Moore, Drummond, Setzler, Matthews, Thomas, O'Dell, Gregory, Jackson, Mescher, Rankin, Alexander, Anderson, Grooms, Scott, Williams, Cromer, Vaughn, Ritchie, Verdin, Ford, Cleary, Patterson, Hayes and Knotts: AN ACT 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; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 33, TITLE 58 SO AS TO ENACT THE "BASE LOAD REVIEW ACT" BY REVISING PROCEDURES FOR APPROVING COSTS ASSOCIATED WITH THE ADDITION OF BASE LOAD GENERATION PLANTS; TO AMEND SECTION 58-27-870, AS AMENDED, RELATING TO HEARINGS ON PROPOSED RATES FOR ELECTRICAL UTILITIES, SO AS TO PROVIDE ADDITIONAL TIME IN WHICH THE COMMISSION MUST ISSUE AN ORDER UPON ITS FAILURE TO ISSUE AN ORDER; 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


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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; 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.

(R29, S. 451 (Word version)) -- Senators Courson, Setzler, Leatherman and Alexander: AN ACT TO AMEND SECTION 59-119-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS; AND TO AMEND SECTION 9 OF ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS.

(R30, S. 498 (Word version)) -- Senators Mescher, Grooms and Campsen: AN ACT 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.

(R31, S. 579 (Word version)) -- Senator Alexander: AN ACT 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


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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.

(R32, S. 626 (Word version)) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO RECOGNITION OF PREFERRED MORTALITY TABLES FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3115, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R33, H. 3115 (Word version)) -- Rep. Pinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING AUTHORIZED BY LAW FOR THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES.

(R34, H. 3218 (Word version)) -- Reps. Harrison, G. Brown, Thompson and Mack: AN ACT TO AMEND SECTION 61-4-10, AS AMENDED, 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 FOR SPECIFIC SIZED CONTAINERS THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES; AND TO AMEND SECTION 61-4-1115, AS AMENDED, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC BRANDS OF BEER AND TO STIPULATE THAT WHEN A PRODUCER OR PRIMARY


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

(R35, H. 3505 (Word version)) -- Reps. Harrell, W.D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G. Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E.H. Pitts, M.A. Pitts, Shoopman, Simrill, Skelton, G.M. Smith, G.R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire, Young, Hodges, Viers and Rice: A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN OTHER ACTIONS BEGUN BEFORE THE EFFECTIVE DATE OF THIS JOINT RESOLUTION IN REGARD TO THESE NEW TERMINAL FACILITIES; TO DIRECT THE STATE PORTS AUTHORITY TO BEGIN SPECIFIC NEW UNDERTAKINGS WITHIN A STIPULATED TIME FRAME UPON FINAL CONCLUSION INCLUDING ALL APPEALS OF THE ABOVE CONDEMNATION ACTION, TO ESTABLISH THE SAVANNAH RIVER MARITIME COMMISSION AND PROVIDE FOR ITS


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MEMBERSHIP, FUNCTIONS, DUTIES, AND RESPONSIBILITIES, AND TO ESTABLISH THE JASPER COUNTY PORT FACILITY INFRASTRUCTURE FUND AND FOR THE USE OF MONIES IN THE FUND.

(R36, H. 3509 (Word version)) -- Reps. Mitchell, Whipper, Parks, Haley, Hodges, J.H. Neal, Bedingfield, F.N. Smith, Gullick, Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowen, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Gambrell, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Moss, Neilson, Ott, Owens, Perry, Phillips, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Skelton, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Vick, Viers, Walker, Williams, Witherspoon, Young, Bowers, J.M. Neal, Loftis, Simrill, White, Mulvaney, Whitmire, Frye and Weeks: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 31 TO ENACT THE "WILLIAM C. MESCHER LOCAL HOUSING TRUST FUND ENABLING ACT", TO MAKE CERTAIN FINDINGS BY THE GENERAL ASSEMBLY, TO DEFINE CERTAIN TERMS, AND TO ALLOW A LOCAL GOVERNMENT TO CREATE AND OPERATE A "LOCAL HOUSING TRUST FUND" OR A "REGIONAL HOUSING TRUST FUND".

(R37, H. 3558 (Word version)) -- Reps. Lowe, Williams, Branham and Alexander: AN ACT TO PROVIDE THAT THE TERMS OF OFFICE OF ELECTED MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR ARE INCREASED FROM THREE TO FOUR YEARS FOR ALL TRUSTEES ELECTED BEGINNING WITH ELECTIONS HELD ON AND AFTER 2007.

(R38, H. 3628 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE


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BOARD OF EDUCATION, RELATING TO AT-RISK STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3089, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R39, H. 3694 (Word version)) -- Reps. White, 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, 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, Whitmire, Williams, Witherspoon and Young: A JOINT RESOLUTION TO NAME THE NEW SOUTH CAROLINA VETERANS CEMETERY IN ANDERSON COUNTY THE M. J. "DOLLY" COOPER VETERANS CEMETERY.

MOTION NOTED

Rep. COTTY moved to reconsider the vote whereby S. 139 (Word version) was given a second reading and the motion was noted.

ADJOURNMENT

At 11:55 a.m. the House, in accordance with the motion of Rep. LITTLEJOHN, adjourned in memory of former Supreme Court Chief Justice Bruce Littlejohn, who was also a former Speaker of the House, to meet at 10:00 a.m. tomorrow.

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