Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Job 37:14: "Then God said: 'Listen to this Job; stop and consider God's wonders.' "
Let us pray. O Lord, speak to us that we may know the desires and duties You have for us. Put into our minds and hearts the courage, strength, integrity and the will to carry the responsibilities of our duties. Be present with each this day as we go about our work. Bless our Nation, President, State, Governor, Speaker and all who serve in government and private enterprise. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.

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

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

Rep. TAYLOR moved that when the House adjourns, it adjourn in memory of former Representative Thomas A. Babb of Laurens, which was agreed to.

The House stood in silent prayer for former Congressman Mendel J. Davis.

The following was received:

Columbia, S.C., May 8, 2007
Mr. Speaker and Members of the House:

H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 8, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leatherman, Land and Peeler of the Committee of Conference on the part of the Senate on H. 3620:

H. 3620 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2007; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATES AND INCOME BRACKETS APPLICABLE FOR INDIVIDUALS, ESTATES, AND TRUSTS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO REDUCE THE TOP MARGINAL TAX RATE FROM SEVEN PERCENT TO 6.83 PERCENT AND TO UPDATE THE BRACKETS TO REFLECT PAST INFLATION ADJUSTMENTS; TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE ACCOUNTING FOR POST EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR

Very respectfully,
President
Received as information.

The following was received from the Senate:

Columbia, S.C., May 9, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leatherman, Land and Peeler of the Committee of Conference on the part of the Senate on H. 3621:

H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.

Very respectfully,
President

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

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

H. 3390 (Word version) -- Reps. Merrill, Herbkersman, Funderburk and Mulvaney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3588 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE QUALIFIED EXPENDITURES OF PHOTOVOLTAIC, SOLAR, AND FUEL CELL PROPERTY CREDITS ALLOWED AGAINST A TAXPAYER'S FEDERAL INCOME TAX LIABILITY.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3666 (Word version) -- Reps. Clyburn, Loftis, J. H. Neal, Bales, G. M. Smith, Harvin, Jennings, Ott, Sellers, Funderburk, Branham, R. Brown, Frye,

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3008 (Word version) -- Reps. Ballentine, Haskins and Cotty: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT REAL PROPERTY OWNED BY A CHARITABLE ORGANIZATION WHICH IS NOT USED FOR THE ORGANIZATION'S MEETINGS OR THE ORGANIZATION'S TAX EXEMPT PURPOSES BUT WHICH IS HELD FOR FUTURE USE BY THE ORGANIZATION IN PURSUIT OF ITS EXEMPT PURPOSES OR WHICH IS HELD BY THE ORGANIZATION FOR INVESTMENT IN PURSUIT OF THE ORGANIZATION'S EXEMPT PURPOSES IF THIS REAL PROPERTY WHILE HELD IS NOT RENTED OR LEASED FOR A PURPOSE UNRELATED TO THE ORGANIZATION'S EXEMPT PURPOSES AND THE USE OF THE REAL PROPERTY DOES

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 367 (Word version) -- Senators Hayes, Setzler, Matthews, Short, Fair, Richardson and Vaughn: A BILL TO AMEND SECTIONS 11-11-155 AND 11-11-156, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN A COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT AND TO PROVIDE THAT THIS MILLAGE INCREASE LIMIT DOES NOT AMEND OR REPEAL ANY MORE RESTRICTIVE LIMIT APPLICABLE IN OTHER LAW.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 322 (Word version) -- Senators Hayes, Hawkins, Vaughn, Peeler, Leatherman, Leventis, O'Dell, McConnell, Cromer, Patterson, Knotts, Land, Mescher, Martin and Alexander: A BILL TO AMEND CHAPTER 114, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA NATIONAL GUARD

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

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

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 484 (Word version) -- Senators Fair and Jackson: A BILL TO AMEND SECTION 59-113-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF INDEPENDENT INSTITUTION OF HIGHER LEARNING FOR PURPOSES OF PROVIDING TUITION GRANTS, SO AS TO INCLUDE IN THE DEFINITION AN INDEPENDENT BACHELOR'S LEVEL INSTITUTION CHARTERED BEFORE 1962 WHOSE MAJOR

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3825 (Word version) -- Reps. Limehouse and Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-9-60 SO AS TO REQUIRE THE ASSESSMENT OF A FEE BY THE DEPARTMENT OF AGRICULTURE FOR AN OWNER OF A MARSH TACKY HORSE TO REGISTER HIS HORSE WITH THE DEPARTMENT FOR THE PURPOSE OF PRESERVING AND TRACKING MARSH TACKYS IN THE STATE, TO REQUIRE THE FEES COLLECTED TO BE USED TO OFFSET THE DEPARTMENT'S COSTS OF MAINTAINING A REGISTRY, AND TO REQUIRE THE UNUSED PORTION OF THE FEES TO BE REMITTED TO THE GENERAL FUND OF THE STATE.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3143 (Word version) -- Reps. Kirsh, Haskins, E. H. Pitts, Mulvaney, Gullick, Hayes, Huggins, M. A. Pitts, Miller, Bowen, Limehouse, G. Brown and Toole: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE AN EXEMPTION FOR HOSPITAL BEDS, WALKERS, AND WHEELCHAIRS SOLD OR RENTED TO AN INDIVIDUAL UNDER THE WRITTEN PRESCRIPTION OF A HEALTH CARE PROFESSIONAL.
Ordered for consideration tomorrow.

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

H. 3496 (Word version) -- Reps. G. M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G. R. Smith, F. N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato,

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

H. 3528 (Word version) -- Reps. M. A. Pitts, Stewart, G. M. Smith, Merrill, Bedingfield, Perry, Davenport, Bingham, Brantley, Chellis, Delleney, Hinson, Jefferson, Knight, Lowe, Mulvaney, J. M. Neal, Ott, Owens, Stavrinakis, Toole, Vick, White, Williams and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO RESTRICT

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

S. 446 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Anderson, Vaughn, Hawkins, Scott, Williams, Drummond, Mescher, Thomas, Short, Hutto, Leatherman, Richardson, Leventis, Elliott, Patterson, Pinckney, Land, Lourie, Jackson, Peeler, Sheheen, Moore and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDIGENT DEFENSE ACT" BY ADDING SECTION 17-3-5 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE CHAPTER; BY ADDING ARTICLE 5, CHAPTER 3, TITLE 17 SO AS TO ESTABLISH CIRCUIT PUBLIC DEFENDER SELECTION PANELS, PROVIDE FOR THEIR MEMBERSHIP AND RESPONSIBILITIES RELATED TO THE APPOINTMENT OF CIRCUIT PUBLIC DEFENDERS, PROVIDE ELIGIBILITY REQUIREMENTS FOR CIRCUIT PUBLIC DEFENDERS AND ESTABLISH THEIR DUTIES, AND AUTHORIZE THE CIRCUIT PUBLIC DEFENDERS TO EMPLOY CHIEF COUNTY PUBLIC DEFENDERS AND OTHER NECESSARY PERSONNEL; TO AMEND SECTION 17-3-30, RELATING TO THE AFFIDAVIT REGARDING A PERSON'S INABILITY TO EMPLOY COUNSEL AND PAYMENT OF AN INDIGENT PERSON'S ASSETS TO THE STATE, SO AS TO PROVIDE THOSE ASSETS ARE TO BE PAID TO THE GENERAL FUND OF THE STATE; TO AMEND SECTION 17-3-50, RELATING TO FEES FOR APPOINTED COUNSEL AND PUBLIC DEFENDERS, SO AS TO DELETE OBSOLETE LANGUAGE REGARDING THE APPOINTMENT OF COUNSEL IN ACCORDANCE WITH A PLAN PROMULGATED BY THE BAR OF EACH COUNTY; TO AMEND SECTION 17-3-90, RELATING TO PAYMENT VOUCHERS FOR PRIVATE, APPOINTED COUNSEL, SO AS TO MAKE CONFORMING CHANGES AND TO AUTHORIZE THE OFFICE OF INDIGENT DEFENSE TO PRESENT THE VOUCHER TO THE TRIAL JUDGE FOR APPROVAL; BY REVISING ARTICLE 3, CHAPTER 3, TITLE 17, SO AS TO MAKE CONFORMING CHANGES TO THE ARTICLE

The following was introduced:

H. 4062 (Word version) -- Reps. Crawford, Lowe, Alexander, Branham and Williams: A CONCURRENT RESOLUTION APPLAUDING THE WEST FLORENCE HIGH SCHOOL TENNIS TEAM ON ITS 22-2 RECORD FOR 2007, CAPPED BY CAPTURING THE AAAA STATE TENNIS TITLE WITH A WIN OVER THE DEFENDING STATE CHAMPIONS OF LEXINGTON HIGH SCHOOL.

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

The following was introduced:

H. 4063 (Word version) -- Reps. Jennings, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White,

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

The Senate sent to the House the following:

S. 749 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO HONOR CENTURY 21 BOB CAPES REALTORS FOR UNPARALLELED EXCELLENCE IN THE REAL ESTATE FIELD AND TO CONGRATULATE OWNERS JIMMY DERRICK AND MIKE TAYLOR ON THEIR COMPANY'S WIN OF THE PRESTIGIOUS ART BARTLETT 2100 CUP AWARD.

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

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

H. 4064 (Word version) -- Rep. G. Brown: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE BEACH MUSIC LICENSE PLATES.
Referred to Committee on Education and Public Works

H. 4065 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 62-1-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE PROBATE COURT, SO AS TO ADD THE WORD "GENERAL" BEFORE "PERSONAL

H. 4066 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES OF RECORDING AN INSTRUMENT IN WRITING, SO AS TO REQUIRE THAT A MORTGAGE BE ACKNOWLEDGED IN WRITING BY A SOUTH CAROLINA ATTORNEY BEFORE IT MAY BE RECORDED.
Referred to Committee on Judiciary

H. 4067 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 12-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEED RECORDING FEE, SO AS TO EXEMPT A DEED TRANSFERRING REAL PROPERTY FROM A TRUST TO A TRUST DISTRIBUTEE UPON THE DEATH OF THE SETTLOR UPON CERTAIN CONDITIONS.
Referred to Committee on Judiciary

H. 4072 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
Referred to Horry Delegation

The following was introduced:

H. 4068 (Word version) -- Reps. Gullick and Mulvaney: A HOUSE RESOLUTION CONGRATULATING YORK COUNTY'S FORT MILL HIGH SCHOOL YELLOW JACKETS SWIM TEAM ON ITS TOP NOTCH SHOWING IN THE 2007 AAAA STATE CHAMPIONSHIP SWIM MEET, WITH THE BOYS TAKING HOME THE STATE TITLE

The Resolution was adopted.

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

H. 4069 (Word version) -- Reps. Gullick and Mulvaney: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL YELLOW JACKETS SWIM TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON THEIR OUTSTANDING SEASON AND FOR CAPTURING 2007 AAAA INDIVIDUAL AND TEAM STATE HONORS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Fort Mill High School Yellow Jackets swim team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on their outstanding season and for capturing 2007 AAAA individual and team state honors.

The Resolution was adopted.

The following was introduced:

H. 4070 (Word version) -- Reps. Gullick and Mulvaney: A HOUSE RESOLUTION CONGRATULATING THE FORT MILL HIGH SCHOOL YELLOW JACKETS BOYS CROSS COUNTRY TEAM ON CAPTURING THE CLASS AAAA STATE CHAMPIONSHIP, RECOGNIZING THEIR REMARKABLE ACHIEVEMENT OF REMAINING UNDEFEATED ALL SEASON AGAINST SOUTH CAROLINA SCHOOLS AND

The Resolution was adopted.

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

H. 4071 (Word version) -- Reps. Gullick and Mulvaney: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL YELLOW JACKETS BOYS CROSS COUNTRY TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE CLASS AAAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Fort Mill High School Yellow Jackets boys cross country team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on their outstanding season and for capturing the Class AAAA State Championship title.

The Resolution was adopted.

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Cobb-Hunter

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

I came in after the roll call and was present for the Session on Tuesday, May 15.

William Bowers                    Bill Cotty
Alan D. Clemmons                  David Mack
Jackson "Seth"  Whipper           Fletcher Smith

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

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

The SPEAKER granted Rep. CLYBURN a leave of absence for the day due to illness.

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

Rep. RUTHERFORD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 3.

Announcement was made that Dr. William H. Richardson of Columbia was the Doctor of the Day for the General Assembly.

Rep. SANDIFER presented to the House the current Miss South Carolina, Miss Teen South Carolina and the contestants of the 2007 Miss South Carolina Pageant.

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

Bill Number:   H. 3649 (Word version)
Date:   ADD:
05/15/07   MAHAFFEY

Bill Number:   H. 3626 (Word version)
Date:   REMOVE:
05/15/07   PERRY

The following Joint Resolution was taken up:

S. 702 (Word version) -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PURPOSE OF TEACHER CONTRACTS NEGOTIATED FOR THE 2007-2008 SCHOOL YEAR, DATES FOR COMPLETING CERTAIN REQUIREMENTS ARE EXTENDED FOR ONE YEAR.

Rep. KENNEDY proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10076HTC07), which was ruled out of order:
Amend the joint resolution, as and if amended, by striking SECTION 2 and inserting:
/ SECTION   2.   A.   Chapter 17, Title 59 of the 1976 Code is amended by adding:

"Section 59-17-160.   (A)   On July 1, 2009, the area of each county of this State also must be constituted as a school district and a county may not have multiple school districts within its boundaries, provided that nothing in this section prevents a portion of a county from being a part of a school district in another county.

(B)   The General Assembly by local law before July 1, 2009, shall provide for the governance, fiscal authority, and administrative and operational responsibilities for a countywide school district where no provisions of law now apply."
B.   All acts or parts of acts relating to a school district that is not a countywide school district required by Section 59-17-160 of the 1976 Code are repealed on July 1, 2009.

Rep. KENNEDY explained the amendment.

Rep. WALKER raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Joint Resolution.
Rep. KENNEDY argued contra.
SPEAKER HARRELL stated that while the Amendment dealt with consolidation of school districts statewide, the Joint Resolution dealt with certification of middle school teachers. He therefore sustained the Point of Order and ruled the Amendment out of order.

Rep. WALKER explained the Joint Resolution.

The Joint Resolution was read second time and ordered to third reading.

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

H. 4020 (Word version) -- Rep. Barfield: A BILL TO AMEND SECTION 59-136-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD ONLY MEET IN CONWAY, AND TO ADD SECTION 59-136-160 SO AS TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF EVERY DESCRIPTION VESTED IN THE UNIVERSITY SHALL BE VESTED IN "COASTAL CAROLINA UNIVERSITY".

Rep. BARFIELD explained the Bill.

Rep. WHITE moved to adjourn debate upon the following Bill until Wednesday, May 16, which was adopted:

S. 657 (Word version) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair, McGill and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.

The following Bill was taken up:

S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CLARIFY THAT "FALSE STATEMENT AND MISREPRESENTATION" INCLUDES A FALSE BUSINESS ACTIVITY REPORT, MISCOUNT OR MISCLASSIFICATION BY AN EMPLOYER OR EMPLOYEE, OR A FALSE CLAIM MADE BY AN EMPLOYEE TO OBTAIN AN ECONOMIC BENEFIT; TO AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT TO BE ASSIGNED TO THE INSURANCE FRAUD DIVISION; TO AMEND SECTION 42-1-160, WHICH DEFINES "INJURY" AND "PERSONAL INJURY", SO AS TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE

Reps. CATO, THOMPSON, WHITE, CLEMMONS, CHELLIS, LEACH, HAGOOD, BANNISTER, BEDINGFIELD, J. R. SMITH, HASKINS, HAMILTON, WITHERSPOON, HARDWICK, SHOOPMAN, HALEY and JEFFERSON requested debate on the Bill.

The following Joint Resolution was taken up:

S. 389 (Word version) -- Senators Campsen, Bryant, Vaughn, Grooms, Martin, Verdin, Scott, Richardson, Fair, Ryberg, Thomas and Gregory: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AGE OF CONSENT, SO AS TO DELETE THE PROVISION THAT NO UNMARRIED WOMAN SHALL LEGALLY CONSENT TO SEXUAL INTERCOURSE WHO SHALL NOT HAVE ATTAINED THE AGE OF FOURTEEN YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Section 33, Article III of the Constitution of this State be amended to read:

"Section 33.   No unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of fourteen years. (Reserved)"

SECTION   2.   The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 33, Article III of the Constitution of this State be amended so as to delete the provision that no unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of fourteen years?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bowers                 Brady
Brantley               Breeland               G. Brown
R. Brown               Cato                   Chalk
Chellis                Clemmons               Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Dantzler               Delleney
Duncan                 Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Hosey
Jefferson              Jennings               Kelly
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Merrill
Miller                 Mitchell               Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rutherford
Sandifer               Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Umphlett               Vick                   Weeks
White                  Whitmire               Young

Frye

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

The following Bill was taken up:

S. 65 (Word version) -- Senators Martin, Vaughn, McConnell, Knotts, Verdin, Fair, Alexander and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7305AHB07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 43, Title 27 of the 1976 Code is amended by adding:

Section 27-43-310.   (A)(1)   Owners of private property on which a cemetery or graves are located shall allow ingress and egress to the cemetery or graves by:

(a)   family members and descendants of deceased persons buried there or an agent who has the written permission of family members or descendants;

(b)   a cemetery plot owner;

(c)   a person engaging in genealogy research, who has given reasonable notice to the owner of record or to the occupant of the property, or both.

(2)   The landowner may designate the frequency of access, hours and duration of the access, and the access route if no traditional access route is obviously visible by a view of the property.

(3)   The landowner, in the absence of gross negligence or wilful misconduct, is immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this section.

(B)(1)   The right of ingress and egress granted to persons specified in subsection (A) must be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research.

(2)   The right of ingress and egress may not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequate right-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity.

(C)   A person engaging in genealogy research, who has received the permission of the owner of record or the occupant of the property, or both.

(D)   A person denied reasonable access pursuant to the provisions of this section may bring an action in the circuit court or the magistrates court where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or gravesite. In granting this relief, the court may set the frequency of access, hours, and duration of the access.

(E)   The provisions of this section do not apply to a deed or other written instrument that creates or reserves a cemetery or gravesite on private property.

(F)   The provisions of this section in no way abrogate, affect, or encumber the title to the landowner's private property and are exercisable only for a particular private property that is either subject to the rights of access of the persons listed in subsection (A) or the subject of a court order as provided in subsection (D)."
SECTION   2.   Section 27-43-10 through Section 27-43-40 of the 1976 Code are designated as Article 1 of Chapter 43, Title 27 and entitled "Removal of Abandoned Cemeteries", and Chapter 43 of Title 27 of the 1976 Code is reentitled "Cemeteries".
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11661AC07), which was adopted:
Amend the bill, as and if amended, by deleting Section 27-43-310 and inserting:
/Section 27-43-310.   (A)(1)   Owners of private property on which a cemetery or graves are located shall allow ingress and egress to the cemetery or graves by:

(a)   family members and descendants of deceased persons buried there or an agent who has the written permission of family members or descendants;

(b)   a cemetery plot owner;

(c)   a person engaging in genealogy research who has received the permission of the owner of record or the occupant of the property, or both.

(2)   The landowner may designate the frequency of access, hours and duration of the access, and the access route if no traditional access route is obviously visible by a view of the property.

(3)   The landowner, in the absence of gross negligence or wilful misconduct, is immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this section.

(B)(1)   The right of ingress and egress granted to persons specified in subsection (A) must be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research.

(2)   The right of ingress and egress may not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequate right-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity.

(C)   A person denied reasonable access pursuant to the provisions of this section may bring an action in the circuit court or the magistrates court where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or gravesite. In granting this relief, the court may set the frequency of access, hours, and duration of the access.

(D)   The provisions of this section do not apply to a deed or other written instrument that creates or reserves a cemetery or gravesite on private property.

(E)   The provisions of this section in no way abrogate, affect, or encumber the title to the landowner's private property and are exercisable only for a particular private property that is either subject to the rights of access of the persons listed in subsection (A) or the subject of a court order as provided in subsection (C)."/
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

H. 3451 (Word version) -- Reps. Cotty, Agnew, Anderson, Ballentine, Barfield, Battle, Bingham, Bowen, Bowers, Breeland, R. Brown, Cato, Chalk, Chellis, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Funderburk, Hagood, Haley, Harrell, Harrison, Harvin, Herbkersman, Hinson, Hiott, Hosey, Howard, Jennings, Kennedy, Kirsh, Limehouse, McLeod, Miller, Moss, J. H. Neal, Neilson, Pinson, E. H. Pitts, Rice, Rutherford, Sandifer, Scott, J. E. Smith, J. R. Smith, Stavrinakis, Talley, Toole, Viers, Weeks, Whipper and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 30 SO AS TO ENACT "THE UNIFORM REAL PROPERTY RECORDING ACT", PROVIDING FOR THE AUTHORITY OF THE REGISTER OF MESNE CONVEYANCES IN A COUNTY TO RECEIVE AND RECORD DOCUMENTS AND INFORMATION IN ELECTRONIC FORM, SETTING FORTH CERTAIN REQUIREMENTS IN ACCEPTANCE OF ELECTRONIC DOCUMENTS BY A REGISTER, CHARGING THE OFFICE OF THE SECRETARY OF STATE WITH THE RESPONSIBILITY OF IMPLEMENTING THE ACT AND ADOPTING STANDARDS FOR THE RECEIPT, RECORDING, AND RETRIEVAL OF ELECTRONIC DOCUMENTS, AND PROVIDING DEFINITIONS.

Rep. LOFTIS moved to adjourn debate on the Bill until Wednesday, May 16, which was agreed to.

The following Bill was taken up:

S. 266 (Word version) -- Senators Martin, Ford, Campsen and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET BASED INCENTIVES AND ELIMINATION OF NONESSENTIAL HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "NONESSENTIAL HOUSING REGULATORY REQUIREMENTS"; TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT.

Rep. HAGOOD explained the Bill.

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

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               Cato                   Chellis
Clemmons               Cobb-Hunter            Coleman
Cooper                 Cotty                  Crawford
Dantzler               Davenport              Delleney
Duncan                 Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Hinson                 Hiott                  Hodges
Hosey                  Huggins                Jefferson
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
E. H. Pitts            M. A. Pitts            Rutherford
Sandifer               Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
W. D. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Vick                   Walker                 Weeks

White                  Whitmire               Williams
Young

Those who voted in the negative are:

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

I was out of the Chamber temporarily on constituent business when the vote was taken on S. 266. Had I been present, I would have voted in favor of the Bill.

Rep. Robert S. Perry, Jr.

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

H. 3649 (Word version) -- Reps. Witherspoon, Merrill, Agnew, Anthony, Brady, R. Brown, Duncan, Funderburk, Hagood, Hardwick, Herbkersman, Hiott, Kelly, Loftis, Moss, Ott, E. H. Pitts, Scott, Talley, Toole, Umphlett, Cobb-Hunter, Leach, Cato, Clemmons, Barfield, Ceips, Dantzler, Hamilton, Howard, Jefferson, Lowe, Phillips, G. R. Smith, J. R. Smith, Stavrinakis, Bannister, J. H. Neal, Stewart, Sellers, Mitchell, Williams, G. M. Smith and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE "ENERGY FREEDOM AND RURAL DEVELOPMENT ACT" TO ALLOW A SALES TAX REBATE FOR THE PURCHASE OF CERTAIN FUEL EFFICIENT VEHICLES AND EQUIPMENT USED TO CONVERT A HYBRID VEHICLE INTO A HYBRID PLUG-IN VEHICLE, TO ALLOW AN INCENTIVE PAYMENT FOR ALTERNATIVE FUEL PURCHASES, AND TO ESTABLISH THE SOUTH CAROLINA RENEWABLE ENERGY INFRASTRUCTURE DEVELOPMENT FUND; BY ADDING SECTION 12-6-3376 SO AS TO ALLOW AN INCOME TAX CREDIT FOR THE PURCHASE OR LEASE OF A PLUG-IN HYBRID VEHICLE; BY ADDING SECTION 12-6-3630

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 Agriculture, Natural Resources and Environmental Affairs:

H. 4037 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-85 SO AS TO PROHIBIT SOLID WASTE GENERATED OUTSIDE OF THIS STATE FROM BEING DISPOSED OF IN THIS STATE.

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

S. 91 (Word version) -- Senators Campsen, Ritchie and Knotts: A BILL TO ENACT THE RESEARCH AND DEVELOPMENT TAX CREDIT REFORM ACT BY AMENDING SECTION 12-6-3415, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX AND CORPORATE LICENSE TAX CREDIT ALLOWED TAXPAYERS CLAIMING A FEDERAL INCOME TAX CREDIT FOR RESEARCH ACTIVITY, SO AS TO ALLOW THE CREDIT AGAINST ANY INCOME TAX IMPOSED PURSUANT TO THE SOUTH CAROLINA INCOME TAX ACT.

Rep. MOSS asked unanimous consent to recall H. 4055 (Word version) from the Committee on Ways and Means.
Rep. CRAWFORD objected.

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

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

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

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

H. 3456 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-150 SO AS TO AUTHORIZE A LOCAL OFFICIAL OR LANDOWNER TO SEEK TO REMOVE AND SELL OR REMOVE AND DESTROY A DERELICT MOBILE HOME BY APPLYING TO THE MAGISTRATES COURT AND TO ALLOW A LOCAL GOVERNING BODY TO IMPOSE A FEE TO DEFRAY THE COST OF LOCATION, IDENTIFICATION, AND INSPECTION OF DERELICT MOBILE HOMES; TO AMEND SECTION 12-49-85, RELATING TO UNCOLLECTIBLE REAL AND PERSONAL PROPERTY TAXES, SO AS TO ALLOW THE COUNTY AUDITOR TO WAIVE AND REMOVE FROM THE TAX DUPLICATE CURRENT AND DELINQUENT PROPERTY TAXES, ASSESSMENTS, COSTS, AND FEES FROM A MANUFACTURED HOME DEMOLISHED AND DISPOSED OF PURSUANT TO SECTION 6-1-150; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-1145, SO AS TO CLARIFY THAT IF A LOCAL PLANNING AGENCY HAS NOTICE OF A RESTRICTIVE COVENANT ON A TRACT OR PARCEL OF LAND, THE LOCAL PLANNING AGENCY MUST NOT ISSUE A PERMIT FOR ACTIVITY THAT IS CONTRARY TO, CONFLICTS WITH, OR IS PROHIBITED BY THE RESTRICTIVE COVENANT UNLESS THE LOCAL PLANNING AGENCY RECEIVES CONFIRMATION FROM THE APPLICANT THAT THE RESTRICTIVE COVENANT HAS BEEN WAIVED FOR THE TRACT OR PARCEL OF LAND EITHER BY ACTION OF THE OTHER PROPERTY HOLDERS SUBJECT TO THE RESTRICTIVE COVENANT OR BY COURT ORDER.

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

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

The Senate returned to the House with concurrence the following:

H. 3895 (Word version) -- Reps. Hosey, Sellers, Anderson, Breeland, G. Brown, Clyburn, Huggins and Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME SOUTH CAROLINA HIGHWAY 304 IN BARNWELL COUNTY THE "ARIE BLACK GUESS HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "ARIE BLACK GUESS HIGHWAY".

H. 4031 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF HAZELWOOD ROAD AND GARNERS FERRY ROAD IN RICHLAND COUNTY THE "JUDGE ROBERT BURNSIDE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JUDGE ROBERT BURNSIDE INTERCHANGE".

H. 4045 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO COMMEND DR. JAMES W. GETTYS OF ABBEVILLE COUNTY ON OVER FORTY YEARS OF DISTINGUISHED SERVICE AS A PROFESSOR AT ERSKINE COLLEGE AND TO HONOR HIS SERVICE TO THE COLLEGE AND HIS COMMUNITY.

H. 4047 (Word version) -- Reps. Harvin, Anderson, Viers, Battle, Jennings, Kennedy, Miller and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. RONALD R. INGLE OF HORRY COUNTY FOR HIS FOURTEEN YEARS OF

H. 4054 (Word version) -- Reps. Huggins, 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, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR RONALD M. (RON) JOYE OF LEXINGTON COUNTY FOR HIS OUTSTANDING THIRTY-THREE YEAR CAREER IN STATE GOVERNMENT AND FOR HIS DISTINGUISHED SERVICE WITH THE DEPARTMENT OF TRANSPORTATION UPON HIS RETIREMENT.

At 1:19 p.m. the House, in accordance with the motion of Rep. TAYLOR, adjourned in memory of former Representative Thomas A. Babb of Laurens, to meet at 10:00 a.m. tomorrow.

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