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


Printed Page 534 . . . . . Wednesday, January 17, 2007

Wednesday, January 17, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from 1 Corinthians 13:4: "Love is patient, love is kind, love is not envious, or boastful or arrogant or rude."
Let us pray. Create in us a clean heart, O God, and renew a right spirit within us. Put into our hearts loving actions as we build relationships within this body. Accomplish what is good and right and pleasing to You and to the people whom they serve. Be present this day with each who serves in these hallowed halls. Bless our Nation, President, State, Governor, Speaker and all who serve. We ask especially for Your comfort for the Lowe family, upon their recent loss. Protect our defenders of freedom as they protect us. Lord, in Your mercy, hear our prayer. Amen.

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

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

MOTION ADOPTED

Rep. MCLEOD moved that when the House adjourns, it adjourn in memory of Cecil Joseph Wessinger of Lexington, which was agreed to.

INVITATION

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

January 2, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


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Dear Chairman Leach:
On behalf of the College of Charleston Board of Trustees, the Members and staff of the House of Representatives are invited to a reception honoring Dr. P. George Benson, President of the College of Charleston. This event will be held on Wednesday, February 28, 2007, beginning at 7:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Robert W. Marlowe
Chairman

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration:

Document No. 3084
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-180 and 1-23-1 through 1-23-110
Septic Tank Site Evaluation Fees
Received by Speaker of the House of Representatives
January 17, 2007
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 17, 2007

Document No. 3085
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-15-30, 50-15-40, 50-15-50, and 50-15-70
Non-Game and Endangered Species
Received by Speaker of the House of Representatives
January 17, 2007
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 17, 2007

Document No. 3086
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-220, 50-11-10, 50-11-105, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-520, 50-11-530, 50-11-854, 50-11-2200, and 50-11-2210


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Hunting In Wildlife Management Areas
Received by Speaker of the House of Representatives
January 17, 2007
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 17, 2007

HOUSE RESOLUTION

The following was introduced:

H. 3263 (Word version) -- Reps. J. R. Smith, 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, 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 COMMEND HELEN ANN S. THROWER OF RICHLAND COUNTY FOR HER OUTSTANDING SERVICE TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS ASSISTANT CLERK, ASSISTANT DIRECTOR OF RESEARCH, AND LEGAL COUNSEL TO THE HOUSE ETHICS COMMITTEE, TO CONGRATULATE HER ON HER NEW POSITION WITH THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM, AND TO EXTEND BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.

Whereas, Helen Ann S. Thrower grew up in Charleston and is the daughter of Lanneau Holton and Mary Helen Siegling; and


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Whereas, a 1996 graduate of the College of Charleston, Ms. Thrower received her juris doctor degree from the University of South Carolina School of Law in 1999; and

Whereas, she began her service with the House of Representatives in 2000 as staff counsel to the Labor, Commerce and Industry Committee where she ably handled the complex areas of insurance, banking, and public utility law. During her service with the committee, she also volunteered her service to the Judicial Merit Selection Commission and worked diligently to screen the state's judicial candidates; and

Whereas, after distinguishing herself at the Labor, Commerce and Industry Committee, this bright young attorney left the House to become General Counsel to the South Carolina Medical Association in 2004; and

Whereas, fortunately her love of the political process and her affection for the House of Representatives called her back, and she was appointed Assistant Clerk on January 1, 2005. Since that time, she has also managed to juggle her Assistant Clerk duties with other responsibilities serving concurrently as Assistant Director of Research and Legal Counsel to the House Ethics Committee; and

Whereas, Ms. Thrower will be taking her considerable talents and legal expertise with her as she embarks on yet a new challenge. On January 22, 2007, she will become Director of Governmental Affairs and Legal Counsel to the South Carolina Department of Parks, Recreation and Tourism; and

Whereas, her work ethic and many and varied contributions to the House of Representatives are to be commended and will not soon be forgotten; however, she is not just a dedicated public servant but is also a devoted wife and mother. She is the beloved wife of husband, Keith, and together they have one cherished daughter, Kate Patrick, who was born on May 5, 2005; and

Whereas, the Throwers are active members of Shandon Presbyterian Church where Ms. Thrower also serves as a Senior High Youth Advisor; and


Printed Page 538 . . . . . Wednesday, January 17, 2007

Whereas, this dedicated and personable young woman also finds the time in her busy schedule to help those in crisis by volunteering with Sistercare, Inc. which is so dear to her generous heart; and

Whereas, the members and staff of the South Carolina House of Representatives express their sincere gratitude to Ms. Thrower for her hard work and the professionalism with which she did the work of the House in so many different capacities over the years and wish her great success and prosperity in the future. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina commend Helen Ann S. Thrower of Richland County for her outstanding service to the South Carolina House of Representatives as Assistant Clerk, Assistant Director of Research, and Legal Counsel to the House Ethics Committee, congratulate her on her new position with the South Carolina Department of Parks, Recreation and Tourism, and extend best wishes to her in all her future endeavors.

Be it further resolved that a copy of this resolution be presented to Helen Ann S. Thrower of Richland County.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3264 (Word version) -- Reps. Scarborough, 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,


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Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE JAMES ISLAND CHRISTIAN SCHOOL LADY LIONS SOCCER TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO RECOGNIZE AND COMMEND THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2006 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A-AA STATE SOCCER 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 James Island Christian School Lady Lions soccer team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2006 South Carolina Independent School Association Class A-AA State Soccer Championship title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3265 (Word version) -- Reps. Sellers and Scott: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES E. CLYBURN, MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES FROM THE SIXTH CONGRESSIONAL DISTRICT OF SOUTH CAROLINA AND NEWLY ELECTED MAJORITY WHIP OF THE HOUSE OF REPRESENTATIVES FOR THE 110TH CONGRESS TO ADDRESS THE GENERAL ASSEMBLY IN JOINT ASSEMBLY ON A DATE AND TIME CONVENIENT FOR REPRESENTATIVE CLYBURN'S SCHEDULE AS DETERMINED BY THE PRESIDENT PRO TEMPORE OF THE


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SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 3266 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL STOPPING, STANDING, PARKING, OR MOVING OF A VEHICLE, SO AS TO PROVIDE THAT A PERSON MAY NOT PARK A VEHICLE ALONG THE CURB OF A STREET THAT IS PAINTED YELLOW.
Referred to Committee on Education and Public Works

H. 3267 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS BY ONE ADDITIONAL JUDGE.
Referred to Committee on Judiciary

H. 3268 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF RECORDS WHEN A PERSON IS CHARGED WITH A CRIMINAL OFFENSE, BUT THE CHARGE IS DISCHARGED, PROCEEDINGS ARE DISMISSED, OR THE PERSON IS FOUND NOT GUILTY, SO AS TO ALLOW A COURT TO ORDER CERTAIN LEGAL COSTS TO BE PAID BY A PERSON WHO BRINGS FRIVOLOUS CHARGES AGAINST ANOTHER PERSON AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary


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H. 3269 (Word version) -- Reps. Hodges, Bowers and R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-134 SO AS TO ESTABLISH A NO WAKE ZONE IN MOSQUITO CREEK IN COLLETON COUNTY.
Referred to Colleton Delegation

H. 3270 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-3-250 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF AGRICULTURE THE STATE NUTRITION ASSISTANCE PROGRAM (SNAP) FOR THE PURPOSE OF PROVIDING FUNDS TO SOUTH CAROLINA FOOD BANKS IN ORDER TO SUPPLEMENT BY PURCHASE THE DONATED FOOD DISTRIBUTED BY THESE FOOD BANKS AND PROVIDE FOR THE DISTRIBUTION AND USES OF FUNDS APPROPRIATED FOR THE SNAP PROGRAM.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3271 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO CERTAIN MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS CONTAINED IN THIS DRIVER'S LICENSE MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT IF THE RESTRICTED LICENSEE PROVES THAT THE RESTRICTION INTERFERES WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND RELIGIOUS SPONSORED EVENTS.
Referred to Committee on Education and Public Works

H. 3272 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 6, TITLE 23 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ESTABLISH A STATEWIDE PLANNING AND MAPPING SYSTEM FOR THE PUBLIC BUILDINGS IN THE STATE FOR USE BY RESPONSE AGENCIES THAT ARE CALLED UPON TO RESPOND TO AN ACT OF TERRORISM OR A RELATED EMERGENCY.
Referred to Committee on Judiciary


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H. 3273 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA UNBORN CHILDREN'S MONUMENT COMMISSION TO ERECT A MONUMENT ON THE STATE HOUSE GROUNDS AS A MEMORIAL TO SOUTH CAROLINA CHILDREN WHOSE LIVES ENDED BEFORE THEIR BIRTH AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION AND TO REQUIRE PRIVATE FUNDING FOR THE ESTABLISHMENT OF THIS MONUMENT.
Referred to Committee on Education and Public Works

H. 3274 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 40-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ANY PERSON PRACTICING OR SOLICITING THE CAUSE OF ANOTHER PERSON IN A COURT OF THIS STATE UNLESS HE HAS BEEN ADMITTED AND SWORN AS AN ATTORNEY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH, AND PERSONS AND CAUSES TO WHICH, IT APPLIES, AND TO MAKE A VIOLATION AN UNFAIR TRADE PRACTICE UNDER SECTION 39-5-20.
Referred to Committee on Judiciary

H. 3275 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-135 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO EXPORT FOR COMMERCIAL PURPOSES LIVE SEA OR FRESHWATER TURTLES WHICH ARE CAUGHT OR CAPTURED IN THE WILD IN THIS STATE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3276 (Word version) -- Reps. Harvin, Kennedy and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-315 SO AS TO PROVIDE THAT ALL LOCAL EXCHANGE CARRIERS SHALL ENSURE THAT DIRECTORY ASSISTANCE OPERATORS HAVE ACCESS TO RECORDS OF ALL TELEPHONE NUMBERS, EXCEPT TELEPHONE NUMBERS NOT LISTED OR PUBLISHED AT CUSTOMER REQUEST, IN THE GEOGRAPHIC AREA FOR WHICH THE LOCAL EXCHANGE CARRIER IS RESPONSIBLE FOR FURNISHING


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DIRECTORY LISTING SERVICE, TO PROVIDE THAT LOCAL EXCHANGE CARRIERS SHALL PROVIDE UPDATES TO EACH OTHER AS NEEDED IN ORDER TO MAINTAIN THE COMPLETENESS OF ALL DIRECTORY ASSISTANCE INFORMATION, AND TO PROVIDE THAT FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION SHALL SUBJECT A LOCAL EXCHANGE CARRIER TO SUCH CIVIL PENALTIES AS THE PUBLIC SERVICE COMMISSION SHALL PRESCRIBE.
Referred to Committee on Labor, Commerce and Industry

H. 3277 (Word version) -- Reps. G. R. Smith, Bannister, Bedingfield, Cato, Hamilton, Harrell, Haskins, Leach, Loftis, E. H. Pitts, Shoopman and Taylor: A BILL TO AMEND SECTION 56-5-2941, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COURT'S DISCRETIONARY ABILITY TO ORDER THE INSTALLATION OF IGNITION INTERLOCK DEVICES ON CERTAIN VEHICLES OPERATED BY A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO REQUIRE A COURT TO ORDER THE INSTALLATION OF THIS DEVICE ON A VEHICLE OPERATED BY A PERSON CONVICTED OF A SUBSEQUENT OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, TO PLACE CERTAIN DRIVING RESTRICTIONS ON A PERSON CONVICTED OF A SUBSEQUENT OFFENSE WHO OPERATES A VEHICLE OWNED BY HIS EMPLOYER, AND TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL PROMULGATE REGULATIONS GOVERNING THE USE, MAINTENANCE, AND OPERATION OF IGNITION INTERLOCK DEVICES.
Referred to Committee on Judiciary

H. 3278 (Word version) -- Reps. G. R. Smith, Haskins, Bedingfield, Cato, Hamilton, Harrell, Leach, E. H. Pitts, Shoopman, F. N. Smith and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM WHICH HE WAS ELECTED OR APPOINTED.
Referred to Committee on Judiciary


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H. 3279 (Word version) -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND ITS DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.
Referred to Committee on Education and Public Works

H. 3280 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 58 SO AS TO PROVIDE FOR THE ESTABLISHMENT AND PROTECTION OF PRIVACY IN THIS STATE FROM UNWANTED COMMERCIAL ELECTRONIC MAIL SOLICITATION IN THIS STATE, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, A DATABASE CONSTITUTING A "NO E-MAIL LIST", SPECIFIC CONTENTS OF MESSAGES, ACCURATE ROUTING INFORMATION, CRIMINAL PENALTIES, INVESTIGATIONS BY THE ATTORNEY GENERAL AND THE JUDICIAL CIRCUIT SOLICITORS, AND THE SEEKING OF INJUNCTIVE AND OTHER RELIEF BY THE ATTORNEY GENERAL; TO PROVIDE THAT ELECTRONIC MAIL SERVICE PROVIDERS ARE NOT LIABLE FOR VIOLATIONS OF THIS CHAPTER AND ARE NOT RESPONSIBLE FOR ENFORCEMENT OR LIABLE FOR ERRORS OR OMISSIONS IN THE DATABASE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD THE DATABASE ESTABLISHED PURSUANT TO THIS CHAPTER; AND TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO REFERENCE THE REQUIREMENTS OF THIS CHAPTER AND TO PROVIDE FOR THE CRIME OF CRIMINAL TRESPASS IN


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CONNECTION WITH UNSOLICITED COMMERCIAL ELECTRONIC MAIL.
Referred to Committee on Judiciary

H. 3281 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 46 TO TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA FAIR CREDIT REPORTING ACT", TO PROVIDE THAT UNFAIR METHODS OF REPORTING CREDIT HISTORY AND UNFAIR OR DECEPTIVE ACTS IN THE CONDUCT OF CREDIT REPORTING ARE UNLAWFUL, TO PROVIDE THAT THE FEDERAL FAIR CREDIT REPORTING ACT AS INTERPRETED BY THE FEDERAL TRADE COMMISSION AND FEDERAL COURTS SHALL FURNISH GUIDANCE IN CONSTRUING THIS CHAPTER, TO PROVIDE PENALTIES FOR WILFUL AND NEGLIGENT NONCOMPLIANCE WITH THE TERMS OF THE CHAPTER, TO PROVIDE FOR THE JURISDICTION OF THE STATE COURTS TO HEAR ACTIONS BROUGHT PURSUANT TO THIS CHAPTER, AND TO PROVIDE, WITH EXCEPTIONS, A TWO-YEAR STATUTE OF LIMITATIONS TO SEEK RELIEF PURSUANT TO THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry

H. 3282 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO DIRECT THE STATE ELECTION COMMISSION TO HOLD A REFERENDUM AT THE TIME OF THE NEXT GENERAL ELECTION FOR REPRESENTATIVES TO ASCERTAIN WHETHER THE SOUTH CAROLINA ELECTORS FAVOR AMENDING THE UNITED STATES CONSTITUTION TO ALLOW STATES TO PROHIBIT ABORTIONS.
Referred to Committee on Judiciary

H. 3283 (Word version) -- Rep. Davenport: A BILL TO AMEND CHAPTER 41, TITLE 44 OF THE 1976 CODE, BY ADDING ARTICLE 5 SO AS TO ENACT THE "HEALTH CARE FREEDOM OF CONSCIENCE ACT" TO PROVIDE THAT HEALTH CARE PROVIDERS, HEALTH CARE INSTITUTIONS, AND HEALTH CARE PAYERS HAVE THE RIGHT NOT TO PARTICIPATE IN OR PAY FOR A HEALTH CARE SERVICE THAT VIOLATES THEIR CONSCIENCE, TO PROHIBIT DISCRIMINATION AGAINST A


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HEALTH CARE PROVIDER, HEALTH CARE INSTITUTION, OR HEALTH CARE PAYER FOR DECLINING TO PARTICIPATE IN OR PAY FOR HEALTH CARE SERVICES THAT VIOLATE THEIR CONSCIENCE, TO PROVIDE IMMUNITY FROM LIABILITY BY REASON OF THE HEALTH CARE PROVIDER, HEALTH CARE INSTITUTION, OR HEALTH CARE PAYER DECLINING TO PARTICIPATE IN OR PAY FOR A HEALTH CARE SERVICE, AND TO CREATE A CIVIL CAUSE OF ACTION FOR VIOLATIONS AND A MINIMUM AWARD FOR DAMAGES.
Referred to Committee on Judiciary

H. 3284 (Word version) -- Rep. Davenport: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5 SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.
Referred to Committee on Judiciary

H. 3285 (Word version) -- Reps. Scarborough, Limehouse, Harrell and Stavrinakis: A BILL TO AMEND SECTION 59-40-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF A CHARTER SCHOOL, SO AS TO PROVIDE THAT A CHARTER SCHOOL CHARTERED BEFORE 2006 MAY HAVE A MEMBER OF THE SCHOOL GOVERNING BODY WHO ALSO RECEIVES PAY AS AN EMPLOYEE OF THE SAME SCHOOL.
Referred to Committee on Education and Public Works

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

H. 3287 (Word version) -- Reps. Crawford, Hamilton, Lowe, M. A. Pitts, Scarborough and Shoopman: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING LOBBYISTS AND


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LOBBYING AND CAMPAIGN PRACTICES, SO AS TO ADD THE DEFINITION OF "FRESHMAN LEGISLATORS" AND TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A CAUCUS BASED ON A MEMBERSHIP OF FRESHMAN MEMBERS.
Referred to Committee on Judiciary

H. 3288 (Word version) -- Reps. Crawford and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-11-29 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2007, EMERGENCY MEDICAL SERVICES PERSONNEL EMPLOYED SHALL PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND TO PROVIDE DEFINITIONS APPLICABLE TO EMERGENCY MEDICAL SERVICES PERSONNEL.
Referred to Committee on Ways and Means

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.
Referred to Committee on Ways and Means

H. 3290 (Word version) -- Reps. Breeland, R. Brown, Mack, Miller, Scarborough, Stavrinakis and Whipper: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Referred to Charleston Delegation

H. 3292 (Word version) -- Reps. Duncan and Miller: A BILL TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA,


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1976, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS AND RELATED ENVIRONMENTAL IMPACT FEE, SO AS TO PROVIDE THE AMOUNT OF REGISTRATION AND LATE FEE REVENUE USED FOR ADMINISTRATION MAY NOT EXCEED THE TOTAL AMOUNT COLLECTED FROM SUCH FEES ANNUALLY, AND TO INCREASE THE ENVIRONMENTAL IMPACT FEE FROM ONE-HALF CENT A GALLON TO ONE CENT A GALLON.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3294 (Word version) -- Reps. Clemmons, Anderson, Cotty, Kirsh, J. H. Neal, Allen, Bales, G. Brown, R. Brown, Hardwick, Harrison, Hart, Howard, Jennings, Mack, Moss, Ott, Rice, Rutherford, Sellers, F. N. Smith, J. E. Smith, Toole and Weeks: A BILL TO AMEND SECTION 34-39-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS IN CONNECTION WITH A PERSON ENGAGING IN THE BUSINESS OF DEFERRED PRESENTMENT SERVICES, SO AS TO PROHIBIT A NONRESIDENT FROM ENGAGING IN THOSE SERVICES IN THIS STATE WITHOUT A LICENSE AND TO FURTHER DIFFERENTIATE BETWEEN A PERSON REQUIRED TO BE LICENSED AND A BONA FIDE STATE OR FEDERALLY CHARTERED BANK, THRIFT, SAVINGS ASSOCIATION, OR CREDIT UNION; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR DEFERRED PRESENTMENT OR DEPOSIT OF A CHECK, SO AS TO CAP THE ANNUAL INTEREST RATE CHARGEABLE AT THIRTY-SIX PERCENT; TO AMEND SECTION 34-39-200, RELATING TO LIMITATIONS ON LICENSEES, SO AS TO LIMIT THE LICENSEE TO ONE CONTRACT WITH A CUSTOMER AT A TIME; AND TO AMEND SECTION 34-39-230, RELATING TO CIVIL PENALTIES FOR VIOLATIONS, SO AS TO VOID A VIOLATING CONTRACT, PROVIDE FOR DAMAGES, MAKE A VIOLATION AN UNFAIR TRADE PRACTICE, MAKE THE PENALTIES IN THIS CHAPTER CUMULATIVE OF ALL REMEDIES, BOTH LEGAL AND EQUITABLE, PROHIBIT THE ENFORCEMENT OF AN UNCONSCIONABLE ARBITRATION PROVISION, AND OUTLINE FACTORS FOR DETERMINING UNCONSCIONABILITY.
Referred to Committee on Labor, Commerce and Industry


Printed Page 549 . . . . . Wednesday, January 17, 2007

H. 3295 (Word version) -- Reps. G. R. Smith, Harrell, Cooper, Ballentine, Huggins, Merrill, Chellis, Bannister, Stewart, G. M. Smith, Hardwick, Barfield, Bedingfield, Cato, Hagood, Hamilton, Haskins, Leach, Limehouse, E. H. Pitts, Rice, Shoopman, D. C. Smith, F. N. Smith, J. R. Smith, Spires and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-415 SO AS TO PROVIDE THAT THE LIMIT ON GENERAL FUND APPROPRIATIONS FOR A FISCAL YEAR IS THE TOTAL AMOUNT OF THE GENERAL FUND REVENUE ESTIMATE AS OF FEBRUARY FIFTEENTH FOR FISCAL YEAR 2007-2008, INCREASED ANNUALLY AND CUMULATIVELY BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASE AND INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE, TO ESTABLISH THE SPENDING LIMITATION RESERVE FUND, TO WHICH ALL SURPLUS GENERAL FUND REVENUES MUST BE CREDITED, AND TO PROVIDE FOR THE PRIORITY USES OF THE REVENUES OF THIS FUND, TO PROVIDE FOR THE APPROPRIATION OF FUND REVENUES AFTER THESE PRIORITIES ARE MET, AND TO REQUIRE THAT APPROPRIATION OF REVENUES OF THIS FUND MUST BE BY JOINT RESOLUTION ORIGINATING IN THE HOUSE OF REPRESENTATIVES.
Referred to Committee on Ways and Means

H. 3296 (Word version) -- Reps. Littlejohn, Harrell, Huggins, Ballentine, Bales, Mulvaney, Clyburn, Cotty, Shoopman, Barfield, Davenport, Walker, J. M. Neal, Kirsh, Frye, Bannister, Bedingfield, Cato, Dantzler, Delleney, Duncan, Edge, Hamilton, Herbkersman, Hosey, Jennings, Kelly, Leach, Loftis, Mahaffey, Neilson, Owens, Rice, Sandifer, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Talley, Weeks and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-160 SO AS TO PROVIDE THAT AT LEAST SIXTY-FIVE PERCENT OF THE EDUCATION OPERATIONAL BUDGET OF EACH SCHOOL DISTRICT MUST BE USED FOR CLASSROOM INSTRUCTION AND PROVIDE THAT EACH SCHOOL DISTRICT SHALL REPORT TO THE STATE DEPARTMENT OF


Printed Page 550 . . . . . Wednesday, January 17, 2007

EDUCATION THE ACTUAL PERCENTAGE OF ITS EDUCATION OPERATIONAL BUDGET THAT THE SCHOOL DISTRICT USED FOR CLASSROOM INSTRUCTION.
Referred to Committee on Ways and Means

S. 261 (Word version) -- Senators Martin and Alexander: A BILL TO REQUIRE THAT ANY MEASURE BY THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, RELATING TO THE RAISING OR SPENDING OF REVENUE, MUST RECEIVE THREE READINGS, THAT FIRST READING MAY BE BY TITLE OR DESCRIPTION ONLY, THAT SECOND AND THIRD READING MUST BE APPROVED BY A MAJORITY OF THE BOARD MEMBERS, AND THAT THIRD READING MUST NOT BE CONDUCTED PRIOR TO ONE WEEK FOLLOWING THE DATE OF SECOND READING.
On motion of Rep. RICE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 273 (Word version) -- Senators Richardson and Pinckney: A JOINT RESOLUTION TO CHANGE THE CERTIFICATION DATE FOR A SALES AND USE TAX REFERENDUM HELD DURING THE 2006 GENERAL ELECTION FROM NO LATER THAN NOVEMBER 30, 2006, TO DECEMBER 10, 2006.
Referred to the Beaufort Delegation

CONCURRENT RESOLUTION

The following was introduced:

H. 3291 (Word version) -- Reps. Knight, Alexander, Branham, Brantley, G. Brown, Cobb-Hunter, Dantzler, Harrell, Hart, Harvin, Howard, McLeod, Miller, Moss, Ott, Rice, Sellers, Stavrinakis, Witherspoon and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT MILE MARKER 77 ALONG INTERSTATE HIGHWAY 95 IN DORCHESTER COUNTY THE "JOHN TYE HEATH HILL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN TYE HEATH HILL INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 551 . . . . . Wednesday, January 17, 2007

HOUSE RESOLUTION

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

H. 3293 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO MISS SOUTH CAROLINA AND THE CONTESTANTS OF THE 2007 MISS SOUTH CAROLINA PAGEANT, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, TO HONOR THEM FOR THEIR BEAUTY, POISE, AND CHARACTER AND TO DECLARE THE DAY "MISS SOUTH CAROLINA DAY" AT THE SOUTH CAROLINA STATE CAPITOL.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to Miss South Carolina and the contestants of the 2007 Miss South Carolina Pageant, at a date and time to be determined by the Speaker of the House of Representatives, to honor them for their beauty, poise, and character and declare the day "Miss South Carolina Day" at the South Carolina State Capitol.

The Resolution was adopted.

ROLL CALL

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

Alexander              Allen                  Anderson
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Funderburk             Gambrell

Printed Page 552 . . . . . Wednesday, January 17, 2007

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               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Talley
Taylor                 Thompson               Toole
Umphlett               Vick                   Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Williams
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 17.

James E. Stewart                  Paul Agnew
Grady Brown                       Fletcher Smith
B. R. Skelton                     Mike Anthony

Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. William Hester of Florence is the Doctor of the Day for the General Assembly.


Printed Page 553 . . . . . Wednesday, January 17, 2007

SPECIAL PRESENTATION

Reps. SCOTT and COTTY presented to the House the Blythewood High School Varsity Football Team, the 2006 Class AAA 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. 3212 (Word version)
Date:   ADD:
01/17/07   HALEY

CO-SPONSOR ADDED

Bill Number:   H. 3168 (Word version)
Date:   ADD:
01/17/07   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3168 (Word version)
Date:   ADD:
01/17/07   BRANHAM

CO-SPONSOR ADDED

Bill Number:   H. 3168 (Word version)
Date:   ADD:
01/17/07   HAYES


Printed Page 554 . . . . . Wednesday, January 17, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3118 (Word version)
Date:   ADD:
01/17/07   SCOTT

CO-SPONSOR ADDED

Bill Number:   H. 3006 (Word version)
Date:   ADD:
01/17/07   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 3006 (Word version)
Date:   ADD:
01/17/07   GULLICK

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/17/07   GULLICK

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/17/07   CRAWFORD

CO-SPONSOR ADDED

Bill Number:   H. 3168 (Word version)
Date:   ADD:
01/17/07   FUNDERBURK

CO-SPONSOR ADDED

Bill Number:   H. 3212 (Word version)
Date:   ADD:
01/17/07   CRAWFORD

CO-SPONSOR ADDED

Bill Number:   H. 3216 (Word version)
Date:   ADD:
01/17/07   MULVANEY


Printed Page 555 . . . . . Wednesday, January 17, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3231 (Word version)
Date:   ADD:
01/17/07   MULVANEY

CO-SPONSOR ADDED

Bill Number:   H. 3231 (Word version)
Date:   ADD:
01/17/07   GULLICK

CO-SPONSOR ADDED

Bill Number:   H. 3233 (Word version)
Date:   ADD:
01/17/07   UMPHLETT

CO-SPONSOR ADDED

Bill Number:   H. 3249 (Word version)
Date:   ADD:
01/17/07   UMPHLETT

CO-SPONSOR ADDED

Bill Number:   H. 3260 (Word version)
Date:   ADD:
01/17/07   EDGE

CO-SPONSOR ADDED

Bill Number:   H. 3136 (Word version)
Date:   ADD:
01/17/07   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3136 (Word version)
Date:   ADD:
01/17/07   HARVIN

CO-SPONSOR ADDED

Bill Number:   H. 3136 (Word version)
Date:   ADD:
01/17/07   CEIPS


Printed Page 556 . . . . . Wednesday, January 17, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3136 (Word version)
Date:   ADD:
01/17/07   PARKS

CO-SPONSOR ADDED

Bill Number:   H. 3136 (Word version)
Date:   ADD:
01/17/07   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3045 (Word version)
Date:   ADD:
01/17/07   BOWEN

CO-SPONSOR ADDED

Bill Number:   H. 3136 (Word version)
Date:   ADD:
01/17/07   HALEY

H. 3245--POINT OF ORDER

The following Bill was taken up:

H. 3245 (Word version) -- Ethics Committee: A BILL TO AMEND SECTION 8-13-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS COMMITTEE INVESTIGATIONS AND HEARINGS, SO AS TO DELETE THE REQUIREMENT THAT INVESTIGATIONS AND RECORDS RELATING TO A PRELIMINARY INVESTIGATION ARE CONFIDENTIAL, TO ALLOW PUBLIC RELEASE OF INVESTIGATIONS AND RECORDS IF A RESPONDENT REQUESTS THEIR RELEASE OR THE COMMITTEE RENDERS A PUBLIC OPINION, AND TO CREATE A PENALTY FOR WILFUL RELEASE OF CONFIDENTIAL INFORMATION; TO AMEND SECTIONS 8-13-710 AND 8-13-1120, BOTH AS AMENDED, BOTH RELATING TO CONTENTS OF A STATEMENT OF ECONOMIC INTERESTS, SO AS TO REQUIRE DISCLOSURE OF ANYTHING OF VALUE WORTH A SPECIFIED AMOUNT GIVEN UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 8-13-1302, AS AMENDED, RELATING TO CAMPAIGN RECORDS, SO AS TO DELETE THE REQUIREMENT THAT A CANDIDATE DISCLOSE


Printed Page 557 . . . . . Wednesday, January 17, 2007

THE OCCUPATION OF A DONOR; TO AMEND SECTION 8-13-1320, AS AMENDED, RELATING TO CONTRIBUTIONS MADE AFTER A PRIMARY, SPECIAL, OR GENERAL ELECTION, SO AS TO ALLOW A DONOR TO DESIGNATE THAT A CONTRIBUTION APPLY TO THE NEXT ELECTION; AND TO AMEND SECTION 8-13-1510, AS AMENDED, RELATING TO PENALTIES, SO AS TO ALLOW THE APPROPRIATE SUPERVISORY AUTHORITY TO WAIVE THE CIVIL PENALTY IN ITS DISCRETION.

POINT OF ORDER

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

H. 3252--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3252 (Word version) -- Rep. Ceips: A JOINT RESOLUTION EXTENDING FOR THIRTY DAYS THE DEADLINE FOR TIMELY CERTIFICATION OF A FAVORABLE VOTE IN A REFERENDUM ON THE IMPOSITION OF A LOCAL OPTION SALES AND USE TAX HELD AT THE TIME OF THE GENERAL ELECTION OF 2006.

POINT OF ORDER

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

H. 3256--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry:


Printed Page 558 . . . . . Wednesday, January 17, 2007

H. 3256 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 38-57-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADVERTISING GIFTS GIVEN BY INSURANCE AGENTS TO INSUREDS AND OTHERS, SO AS TO INCREASE FROM FIVE TO TWENTY-FIVE DOLLARS THE VALUE OF MERCHANDISE OR AN ARTICLE WHICH MAY BE GIVEN.

MOTION PERIOD

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

H. 3297--ADOPTED

The following was introduced:

H. 3297 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES BY ADDING RULE 3.13 SO AS TO PROVIDE THAT A CAUCUS OF THE HOUSE OF REPRESENTATIVES MAY PAY AN AMOUNT FOR RENT FOR CAUCUS OFFICE SPACE, AND FOR ALL OTHER RELATED EXPENSES NECESSARY TO OPERATE CAUCUS OFFICES; BY ADDING RULE 7.8 SO AS TO PROVIDE A THAT MEMBER OF THE HOUSE OF REPRESENTATIVES MAY GIVE HIS PROXY TO VOTE TO ANOTHER MEMBER OF THE HOUSE OF REPRESENTATIVES IF THAT MEMBER IS DEPLOYED BY MILITARY ORDERS FOR FEDERAL MILITARY DUTY OR STATE NATIONAL GUARD DUTY TO A COMBAT ZONE FOR A PERIOD OF MORE THAN TWENTY-ONE DAYS DURING A LEGISLATIVE SESSION, TO PROVIDE THAT IN ORDER FOR THE MEMBER HOLDING THE PROXY TO CAST A VOTE FOR THE DEPLOYED MEMBER, THE DEPLOYED MEMBER MUST HAVE PROVIDED SPECIFIC VOTING INSTRUCTIONS ON THE ISSUE TO THE MEMBER CASTING A VOTE FOR THE DEPLOYED MEMBER, AND TO PROVIDE THAT THE PROXY ON A PARTICULAR QUESTION MAY BE USED UPON UNANIMOUS CONSENT OF THE MEMBERS OF THE HOUSE PRESENT AND VOTING PROVIDED THE PROXY VOTE DOES NOT CHANGE THE OUTCOME OF THE QUESTION; BY ADDING RULE 10.11 SO AS TO AUTHORIZE THE CLERK OF THE HOUSE OF REPRESENTATIVES TO ESTABLISH PROCEDURES FOR PROVIDING A HOUSE MEMBER WITH CERTAIN CERTIFICATES; TO AMEND RULE 4.5, RELATING TO THE REQUIREMENT THAT ALL MEETINGS


Printed Page 559 . . . . . Wednesday, January 17, 2007

OF ALL COMMITTEE MEETINGS MUST BE OPEN TO THE PUBLIC, SO AS TO PROVIDE THAT A CAUCUS OF THE GENERAL ASSEMBLY IS NOT SUBJECT TO THE FREEDOM OF INFORMATION ACT; AND TO AMEND RULE 10.9, RELATING TO LIMITATION ON THE TIME TAKEN FOR A SPECIAL PRESENTATION TO HONOR GROUPS OR TEAMS, SO AS TO FURTHER LIMIT THE CONDITIONS UNDER WHICH A HOUSE RESOLUTION GRANTING ADMITTANCE TO THE HOUSE CHAMBERS TO PERSONS NOT OTHERWISE GRANTED THE PRIVILEGE PURSUANT TO RULE 10.1.

Be it resolved by the House of Representatives:

(1)   That Rule 3 of the Rules of the House of Representatives is amended by adding:

"3.13   Each legislative caucus occupying office space in the Blatt Office Building may pay to the Clerk of the House of Representatives an amount, determined by the Clerk, for the use of office space by each caucus. Each caucus may also pay an amount for use of state-owned office related equipment including, but not limited to, copying services, computer equipment, and software and related connection charges for internet access and telephone equipment and service. Each legislative caucus may make payment for equipment and services in the manner to be determined by the Clerk."

(2)   That Rule 7 of the Rules of the House of Representatives is amended by adding:

"7.8   A member of the House of Representatives may give his proxy to vote on matters before the full body to another member of the House of Representatives if that member is deployed by military order for federal military duty or state national guard duty to a combat zone for a period of more than twenty-one days during a legislative session. However, the member holding the proxy may not cast a vote for the deployed member unless the deployed member has specifically provided the voting member with written voting instructions, including, but not limited to, instruction transmitted by facsimile or electronic mail, with regard to the deployed member's position on the issue. The proxy on a particular question may be used upon unanimous consent of


Printed Page 560 . . . . . Wednesday, January 17, 2007

the members of the House present and voting provided the proxy vote does not change the outcome of the question."

(3)   That Rule 10 of the Rules of the House of Representatives is amended by adding:

"10.11   The Clerk's office shall establish procedures for providing House members with certificates commemorating birthdays, anniversaries, retirements, achievements, awards, etc. as needed. House members shall request certificates in writing and provide the Clerk's office with the information necessary to complete the certificates.

The Clerk's office also shall establish procedures whereby members may have House certificates and House and Concurrent Resolutions framed at local businesses providing framing services within the Columbia area during the legislative session. House members are responsible for paying for all framing services within a timely manner.

The Clerk's office shall establish procedures whereby staff shall deliver framing requests to local businesses no more than one time each legislative day. Provided, further, the Clerk's office shall establish procedures whereby staff shall pickup framing requests from local businesses no more than one time each legislative day. Framing requests will not be delivered or picked up on nonlegislative days. All framing requests, upon their completion and pickup, must be delivered to the House member on the State House complex. House staff may not deliver framing requests to members outside the State House complex."

(4)   That Rule 4.5 of the Rules of the House of Representatives is amended to read:

"4.5   All meetings of all committees shall be open to the public at all times, subject always to the power and authority of the Chairman to maintain order and decorum with the right to go into Executive Session as provided for in the South Carolina Freedom of Information Act, Title 30, Chapter 4 of the 1976 Code of Laws of South Carolina, as amended. Provided, a legislative caucus as defined by Section 2-17-10 of the 1976 Code of Laws of South Carolina, as amended, and its meetings are not subject to the provisions of Title 30, Chapter 4 of the 1976 Code of Laws of South Carolina, as amended.


Printed Page 561 . . . . . Wednesday, January 17, 2007

No committee shall file a report unless the committee has met formally at an authorized time and place with a quorum present. All standing committees of the House shall prepare and make available for public inspection, in compliance with Section 30-4-90 of the 1976 Code of Laws of South Carolina, as amended, the minutes of full committee meetings. Such minutes need not be verbatim accounts of such meetings but shall include those matters required by the above mentioned Freedom of Information Act."

(5)   That Rule 10.9 of the Rules of the House of Representatives is amended to read:

"10.9   Special presentations to honor individuals, groups, or teams must be limited to five minutes. A House resolution authorizing such special presentations shall provide for the allotted time and date for the presentation. This rule does not apply to a concurrent resolution. House Resolutions granting the privilege of admittance to the House Chamber to persons not otherwise granted the privilege pursuant to House Rule 10.1 are limited to the following conditions:

(a)   The privilege of admittance to the House Chamber is limited to school teams or school groups that have won state or national championships or received statewide or national awards. Individual persons are not granted the privilege of admittance to the House Chamber.

(b)   School teams or groups may be scheduled for the privilege of admittance to the House Chamber only on Wednesdays and Thursdays that the House is in session, and no more than two teams or groups may be scheduled in one day. Provided, further, that no school teams or groups may be granted the privilege of admittance to the House Chamber during the last week of the regularly scheduled legislative session.

(c)   The House member wishing for the qualified school team or group to have privilege of admittance to the House Chamber shall introduce a House Resolution granting the privilege on a 'date and time to be determined by the Speaker of the House'. The House of Representatives shall adopt the resolution in order for the team or group to be granted the privilege. Provided, the school team or group's list of members, coaches, mascot, and other appropriate school officials must be listed on the House Calendar for the day in which they are granted the privilege of admittance to the House Chamber. The House member sponsoring the resolution shall provide the appropriate


Printed Page 562 . . . . . Wednesday, January 17, 2007

information to the Clerk five days in advance of the school team or group scheduled admittance to the House Chamber.

(d)   All other teams, groups, or individuals not otherwise allowed the privilege of admittance to the House Chamber may be recognized in the balcony of the House Chamber at a 'time determined by the Speaker of the House'. Provided, no presentation either within the House Chamber or in the balcony may exceed five minutes, and no one, other than a House member, may speak or make remarks during a presentation."

Rep. CHELLIS explained the Resolution.

Rep. JENNINGS moved to adjourn debate on the Resolution until Thursday, January 18.

Rep. CHELLIS moved to table the motion.

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

Yeas 62; Nays 46

Those who voted in the affirmative are:

Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Ceips                  Chalk                  Chellis
Clemmons               Cooper                 Crawford
Dantzler               Delleney               Duncan
Edge                   Gambrell               Gullick
Haley                  Hardwick               Harrell
Harrison               Herbkersman            Hinson
Hiott                  Huggins                Kelly
Leach                  Limehouse              Littlejohn
Lowe                   Lucas                  Mahaffey
Merrill                Mulvaney               Owens
Pinson                 M. A. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Spires
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers

Printed Page 563 . . . . . Wednesday, January 17, 2007

Walker                 White                  Whitmire
Witherspoon            Young

Total--62

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Battle                 Bowers                 Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Frye                   Funderburk
Govan                  Hamilton               Harvin
Haskins                Hayes                  Hodges
Hosey                  Jefferson              Jennings
Kennedy                Kirsh                  Knight
Mack                   McLeod                 Miller
Mitchell               Moss                   J. M. Neal
Neilson                Ott                    Parks
Perry                  E. H. Pitts            Scott
Sellers                F. N. Smith            G. R. Smith
Stavrinakis            Vick                   Whipper
Williams

Total--46

So, the motion to adjourn debate was tabled.

Rep. JENNINGS spoke upon the Resolution.

Rep. JENNINGS moved to continue the Resolution.

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

Yeas 42; Nays 70

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Battle                 Bowers                 Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Funderburk             Govan                  Hamilton

Printed Page 564 . . . . . Wednesday, January 17, 2007

Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kirsh
Knight                 Mack                   McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Ott
Parks                  Perry                  Rutherford
Scott                  Sellers                F. N. Smith
Vick                   Weeks                  Williams

Total--42

Those who voted in the negative are:

Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Ceips                  Chalk                  Chellis
Clemmons               Cooper                 Crawford
Dantzler               Delleney               Duncan
Edge                   Frye                   Gambrell
Gullick                Haley                  Hardwick
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Hiott
Huggins                Kelly                  Kennedy
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mahaffey               Merrill                Mulvaney
Neilson                Owens                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  Walker
White                  Whitmire               Witherspoon
Young

Total--70

So, the House refused to continue the Resolution.


Printed Page 565 . . . . . Wednesday, January 17, 2007

The question then recurred to the adoption of the Resolution.

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

Yeas 59; Nays 52

Those who voted in the affirmative are:

Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Ceips                  Chalk                  Chellis
Clemmons               Cooper                 Dantzler
Delleney               Gambrell               Gullick
Haley                  Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Hiott                  Kelly
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mahaffey               Merrill                Mulvaney
Neilson                Owens                  Pinson
M. A. Pitts            Rice                   Sandifer
Scarborough            Shoopman               D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Taylor
Thompson               Umphlett               Viers
Walker                 White                  Whitmire
Witherspoon            Young

Total--59

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Battle                 Bowers                 Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Edge                   Frye                   Funderburk
Govan                  Hamilton               Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Knight                 Mack

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McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Ott                    Parks                  Perry
E. H. Pitts            Rutherford             Scott
Sellers                Simrill                F. N. Smith
Stavrinakis            Talley                 Toole
Vick                   Weeks                  Whipper
Williams

Total--52

So, the Resolution was adopted.

RECORD FOR VOTING

I was out of the Chamber with a constituent issue, but had I been present, I would have voted Yes, in favor of H. 3297.

Rep. Kristopher Crawford

RECORD FOR VOTING

Due to a previously scheduled hearing before the South Carolina Supreme Court representing a client, I was out of the Chamber during the vote on H. 3297. Had I been present, I would have voted Yea, in favor of the Resolution.

Rep. Bill Cotty

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3298 (Word version) -- Reps. Hosey, Alexander, Brantley, R. Brown, Cato, Chalk, Clyburn, Gullick, Hardwick, Hodges, Jefferson, Jennings, Knight, Limehouse, Lowe, Neilson, Parks, Scarborough, Sellers, G. R. Smith, Spires, Stavrinakis, Weeks and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SOUTH CAROLINA AFRICAN AMERICAN HERITAGE COMMISSION FOR ITS OUTSTANDING WORK IN PROMOTING


Printed Page 567 . . . . . Wednesday, January 17, 2007

AND PRESERVING THE AFRICAN AMERICAN CULTURE AND EXPERIENCE.

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

INTRODUCTION OF BILLS

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

H. 3299 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO ENACT THE "HUMAN CLONING PROHIBITION ACT" TO MAKE IT UNLAWFUL FOR A PERSON TO PERFORM OR PARTICIPATE IN HUMAN CLONING, TO DERIVE ANY PRODUCT FROM HUMAN CLONING, OR TO SHIP, RECEIVE, TRANSPORT, TRANSFER, OR DISTRIBUTE IN INTRASTATE COMMERCE AN EMBRYO DERIVED FROM HUMAN CLONING, TO DEFINE HUMAN CLONING, TO PROVIDE CRIMINAL PENALTIES, AND TO PROVIDE FOR REVOCATION OF THE PROFESSIONAL LICENSE OF A PERSON VIOLATING THIS ACT.
Referred to Committee on Judiciary

H. 3300 (Word version) -- Reps. Umphlett, Dantzler, Harvin, Toole and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-226 SO AS TO EXEMPT FROM PROPERTY TAX INCREASES IN VALUE ATTRIBUTABLE TO PERIODIC REASSESSMENT OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ALLOWED THE HOMESTEAD EXEMPTION FOR PERSONS OVER AGE SIXTY-FIVE YEARS OF AGE OR WHO ARE TOTALLY AND PERMANENTLY DISABLED, AND TO PROVIDE FOR THE DURATION OF THIS EXEMPTION.
Referred to Committee on Ways and Means

H. 3301 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-3010 AND 56-5-3020 SO AS TO ESTABLISH THE CRIMES OF


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VEHICULAR HOMICIDE AND VEHICULAR GREAT BODILY INJURY, AND TO PROVIDE PENALTIES FOR BOTH CRIMES.
Referred to Committee on Judiciary

H. 3302 (Word version) -- Rep. Crawford: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING CHAPTER 12 SO AS TO PROVIDE FOR THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MAY REGULATE THE CONSTRUCTION AND PLACEMENT OF NEW WIRELESS COMMUNICATIONS SERVICE FACILITIES AND MODIFICATIONS TO EXISTING FACILITIES.
Referred to Committee on Labor, Commerce and Industry

H. 3303 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTIONS 9-1-1590, 9-1-1790, AND 9-11-90, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETURNING TO ACTIVE SERVICE AND THE RESTORATION TO THE STATUS OF ACTIVE CONTRIBUTING MEMBERS TO RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, WHO HAVE RETURNED TO ACTIVE SERVICE IN COVERED EMPLOYMENT, SO AS TO REDUCE FROM FORTY-EIGHT TO TWELVE THE CONSECUTIVE MONTHS THE TIME AFTER WHICH A BENEFICIARY RETURNED TO ACTIVE SERVICE IN COVERED EMPLOYMENT MAY BE RESTORED TO THE STATUS OF ACTIVE CONTRIBUTING MEMBER AND TO EXEMPT REEMPLOYED RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURNED TO EMPLOYMENT BEFORE JULY 1, 2005, FROM THE PAYMENT OF EMPLOYEE CONTRIBUTIONS OTHERWISE DUE THESE SYSTEMS, TO PROVIDE THAT THIS EXEMPTION CONTINUES WHILE A REEMPLOYED RETIREE REMAINS EMPLOYED IN THE POSITION HELD BEFORE JULY 1, 2005, AND TO PROVIDE FOR THE REFUND WITH INTEREST OF THE EMPLOYEE CONTRIBUTIONS MADE BY THESE EMPLOYEES WITH RESPECT TO EMPLOYMENT AFTER JUNE 30, 2005.
Referred to Committee on Ways and Means


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

H. 3305 (Word version) -- Reps. Herbkersman and Witherspoon: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE BENEFICIAL USES OF INDUSTRIAL HEMP, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THAT THE STUDY COMMITTEE REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 15, 2008, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3309 (Word version) -- Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E. H. Pitts, Rice and Taylor: A BILL TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO REVISE THE DEFINITIONS BY DELETING THE DEFINITION OF "AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER", BY DELETING THAT THE "MUNICIPALITY" MUST HAVE OWNERSHIP OF A SYSTEM OR


Printed Page 570 . . . . . Wednesday, January 17, 2007

FACILITIES FOR THE GENERATION, TRANSMISSION, OR DISTRIBUTION OF ELECTRIC POWER AND ENERGY FOR AT LEAST TEN YEARS, TO DELETE THE REQUIREMENT THAT ALL MEMBERS OF A JOINT AGENCY MUST BE LOCATED WITHIN THE AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER, AND TO DELETE THE REQUIREMENT THAT THE ACQUISITION OF A PROJECT BE BY PURCHASE FROM AN ELECTRIC SUPPLIER GENERALLY SERVING THE AREA IN WHICH THE MEMBERS ARE LOCATED.
Referred to Committee on Labor, Commerce and Industry

H. 3310 (Word version) -- Reps. M. A. Pitts, Duncan, Gambrell, Herbkersman, Sandifer, Whipper and White: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO ALLOW A PERSON TO CARRY A HANDGUN ON HIS PERSON IN A VEHICLE IF HE HAS A VALID CONCEALED WEAPON PERMIT.
Referred to Committee on Judiciary

HOUSE RESOLUTION

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

H. 3306 (Word version) -- Rep. Miller: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WACCAMAW HIGH SCHOOL LADY WARRIORS TENNIS TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO RECOGNIZE AND COMMEND THEM FOR THEIR OUTSTANDING SEASON AND FOR CAPTURING THE CLASS A-AA 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 Waccamaw High School Lady Warriors tennis team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and


Printed Page 571 . . . . . Wednesday, January 17, 2007

commending them for their outstanding season and for capturing the class A-AA State Championship title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3307 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE WACCAMAW HIGH SCHOOL LADY WARRIORS GIRLS TENNIS TEAM FOR THEIR OUTSTANDING SEASON AND FOR CAPTURING THE CLASS A-AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THESE EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3308 (Word version) -- Reps. Miller, Viers, Anderson, Hardwick, Leach, Limehouse, Duncan, Ceips, Hodges, Lowe, Scarborough, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND CONGRESS OF THE UNITED STATES, THE GOVERNOR, AND THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND ENTITIES UNDERWRITING HOMEOWNERS INSURANCE POLICIES IN SOUTH CAROLINA TO ACT WITH ALL DUE EXPEDIENCY TO ADDRESS THE HOMEOWNERS INSURANCE CRISIS FACING OWNERS OF PROPERTY SITUATED IN COUNTIES BORDERING THE SOUTH CAROLINA COAST.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 227 (Word version) -- Senators Ford, Anderson, Alexander, Courson, Campsen, O'Dell, Williams, Knotts, Hutto, Matthews, Land, Jackson, McConnell, Patterson, McGill, Pinckney, Reese, Elliott, Leatherman, Peeler,


Printed Page 572 . . . . . Wednesday, January 17, 2007

Lourie, Malloy, Sheheen, Short, Rankin, Ryberg, Ritchie, Leventis, Fair, Grooms, Cromer, Bryant, Mescher, Martin, Hayes, Richardson, Scott, Vaughn, Setzler and Moore: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES E. CLYBURN, MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES FROM THE SIXTH CONGRESSIONAL DISTRICT OF SOUTH CAROLINA AND NEWLY-ELECTED MAJORITY WHIP OF THE HOUSE OF REPRESENTATIVES FOR THE 110TH CONGRESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT ASSEMBLY ON A DATE AND TIME CONVENIENT FOR REPRESENTATIVE CLYBURN'S SCHEDULE AS DETERMINED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

Rep. THOMPSON moved that the House recede until 6:45 p.m., which was agreed to.

THE HOUSE RESUMES

At 6:45 p.m. the House resumed, the SPEAKER in the Chair.

HOUSE STANDS AT EASE

The House stood at ease, subject to the call of the Chair.

THE HOUSE RESUMES

At 6:55 p.m. the House resumed, the SPEAKER in the Chair.

JOINT ASSEMBLY

At 7:00 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

H. 3205 (Word version) -- Reps. Harrell, 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, Govan, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison,


Printed Page 573 . . . . . Wednesday, January 17, 2007

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 CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 17, 2007, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Governor Marshall C. Sanford, Jr., and distinguished party were escorted to the rostrum by Senators Knotts, O'Dell, Peeler, Scott and Setzler and Representatives BREELAND, BRADY, DUNCAN, MAHAFFEY, MITCHELL AND J.E. SMITH. The President of the Senate introduced Governor Sanford who then addressed the Joint Assembly as follows:

2007 State of the State Address
Governor Mark Sanford
January 17, 2007

Mr. Speaker, Mr. President, Ladies and Gentleman of the General Assembly, Constitutional Officers and my fellow South Carolinians:
It's an honor to be with you tonight to deliver my view of the State of our State, but before I do I would like to offer a few "Thank you's."
Last year I mentioned a safety calendar contest in which our third son, Bolton, had made not having your birthday party in Afghanistan his safety tip for the year. It's a long way from "wear a bike helmet" or "don't play with matches," but many young Americans are still having their birthdays in both Afghanistan and Iraq. So before we consider the State of the State this evening, it's worth pausing again to remember our country remains at war.


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Whether you agree or disagree with what is going on in the Middle East, in the last year since I spoke here, nine more of our fellow South Carolinians have died in efforts to bring greater freedoms to that part of the world. The service and sacrifice of men and women in uniform should serve as a constant reminder to all of us that freedom is not free. Military families bear this cost, and know the price - and so I ask you to join me in remembering South Carolinians lost in fighting over the last year:

Specialist Anthony C. Owens, USA - Conway
Staff Sergeant Jay T. Collado, USMC - Columbia
2nd Lieutenant Almar L. Fitzgerald, USMC - Lexington
Sergeant John P. Phillips, USMC - St. Stephen
Corporal David G. Weimortz, USMC - Irmo
Specialist Seth A. Hildreth, USA - Myrtle Beach
Private First Class Satieon V. B. Greenlee, USA - Pendleton
Corporal Matthew V. Dillon, USMC - Aiken
Specialist Douglas L. Tinsley, USA - Chester

While I am at it, I want to thank a few other people as well.
I talk a lot about the inefficiency of our government. How, because of our structure, we spend 130 percent the U.S. average on the cost of government. How we need to continue what Governor Carroll Campbell began in changing this government's structure.
I want to again be clear that the faults of our government do not rest with its workers. It rests in its structure, which is in our hands to change - and so I would ask that you join me in recognizing one such worker who is representative of so many who often times work without recognition, like Velvet McGowan, who has worked for the past 20-plus years at the Department of Juvenile Justice.
Finally, I want to recognize a person who is representative of tens of thousands in the private sector who go about their jobs without recognition or praise, and yet are the wellspring of all the money that eventually comes to government to pay for the services of government. Bobby Sheridan, who runs SMS Sportsworld in North Augusta, thank you.
I ask that my Cabinet stand and be recognized for their hard work in administering their respective fields of government.
The state of our State is that we are still a State in transition, and both our opportunities and our challenges stem from the way that the world is changing and in how we choose to respond to those changes.


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In our changing world, for the first time a kid in Greenville County is directly competing with a kid in Shanghai, New Delhi or Dublin. As a consequence, the level of competition in our connected world of 6.5 billion souls is at levels never before seen.
China could soon be the largest English speaking country in the world. There will be about another 200 people born in India in the next five minutes, and all of these things will impact the 4 million people who make our State great.
Our opportunities are the opposite side of the same coin. In a global age, where you are on the globe still matters - and we have been blessed by God in our geography. Our location midway on the South-Atlantic Coast opens particular opportunities in areas ranging from distribution to tourism.
The work ethic of our people is a great resource, and we are at the front end of a wave of graying in America that will have profoundly positive implications for this State if we handle the growth that will come with it in a thoughtful manner.
So things are changing and we have to change too.
Where I believe we want to go is to South Carolina being a land of greater opportunity for each one of us in this State and for each one of our children - while at the same time keeping its special sense of place. To South Carolina being a more fertile place to build an idea or a dream into a business - and, therefore, a better place to make a good living and get a great job. To South Carolina being a place where a great education and health care are available to all. To South Carolina being a great place to enjoy a high quality of life with one's family.
In my first Inaugural, I quoted from the book Red Hills and Cotton, and in it a South Carolina tenant farmer described his difficult decision to leave the land for the factory at the turn of the last century. He said simply: "I want to improve my condition. I want to educate my children. I want them to have things better than I have had."
Whether or not a working family is able to affirmatively answer whether one lives in an improving condition is the test of all of our time in politics.
I am pleased to say that we have begun that process of improving conditions here in South Carolina. It has been with starts and stops, at times it has been contentious - and both of those things come with change.
For instance over the last four years, we have taken very serious steps to improving our business climate.

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A good business climate means government not spending money it doesn't have, which makes it important that we have dug out of a $1 billion financial hole.
We've gone from losing to gaining jobs, with over 150,000 more people working and 2,500 new small businesses over the last four years. Last year our Commerce Department had the highest net capital investment in the last 15 years at $1.3 billion.
A good business climate means an Executive Branch budget that is no longer simply a wish list - and we have changed the Executive Branch's level of involvement in the budget process, and in that process saved over $100 million.
A good business climate means not forgetting small business when it comes to economic development, and toward that end we passed tort reform and cut the marginal income tax rate for small businesses.
In education we have fully funded base student cost and funded teacher pay $300 above the Southeast average. In affecting quality of life, we have together moved things as wide ranging as the campaign finance reform bill, for three years now fully funding the Conservation Bank crucial to open space in South Carolina.
We have streamlined agencies so they can do more with what they have, and we see it with results that make a difference in people's lives - whether at DNR in its ability to purchase a property like Hamilton Ridge, or DMV with reduced wait times.
That is where we are, but tonight is as well about where we go to better the lives of South Carolinians in the next year.
For all that we have gotten done, we still have many miles to go in improving our State and the lives of people in our State.
In addressing both the challenges and opportunities before us, let me add two postscripts on how I personally will be confronting the many things we need to improve and change in the way that our State government serves the people of South Carolina.
One, the good Lord and the voters have given me only four more years. That means I'll be saying a whole lot of the Irish prayer in asking God grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference.
Two, I will ask for your leadership. I've come to learn over the last four years in amazingly concrete terms, that in South Carolina the Governor can propose but that it is up to the Legislative Branch to dispose. Change is truly in your hands.

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When you talk about something like restructuring and updating a 100-year-old governmental system, each of you will be tested in the choices you make. Each of your respective grandchildren will be blessed or burdened by the choices that are indeed in your hands.
Abraham Lincoln once said, "Nearly all men can stand adversity, but if you want to test a man's character, give him power." And we all know the power to make or walk away from the proposals I will offer is in your hands.
The danger of power lies in the fact that those who are vested with it too often make its preservation their first concern and therefore naturally oppose any changes in the forces that have given them this power.
This means most of you will have to take the road less traveled in politics for our government structure to change. It will mean looking beyond simply power for those who currently wield it to how well the system works. It is my humble and earnest prayer that you will take this course, and I realize some would say I need to keep on praying because there is no way that is happening in our State.
But I don't believe that.
Our differences over the last four years have been well chronicled and documented. It is undeniable that I have had major differences with some of the outcomes of the General Assembly. As is often the case, I believe outcomes of a group can be inferior to the individuals who make up that group, as the outcomes fall prey not to the best ideas - but to whomever can speak the loudest or the longest.
That's a reality, but despite it, I have come to see many of you as real heroes. Many of you were working in your hometown and you decided you wanted to come to Columbia to make a difference just as real as I do.
I need that individual greatness to step forward and show itself over the next year, and the four in front of us, if we are to have real hope of bringing change to South Carolina. I can't possibly make these changes on my own - I need your help.
We also need to think about a number of challenges confronting us not in South Carolina terms, but in global terms. As we think about policy in South Carolina, we need to remember the bumper sticker we've all seen on occasion that says "Think Globally Act Locally."
In this vein, we almost need to think of ourselves as a country rather than a State because as comforting as it might be to be a part of the United States, our competition is no longer in America with North Carolina or Georgia.

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South Carolina's Gross State Product is roughly $140 billion a year. That puts us just below Israel, Finland, Venezuela, and Ireland in the size of our economy.
It puts our economic size just above the oil-rich United Arab Emirates. It puts us well above places like New Zealand, Slovakia, Bulgaria, Kuwait or Jamaica. The question we all need to ask ourselves is whether or not we see each of our actions as steps toward or against being able to compete economically with other countries.
Finally, as I mentioned in my Inaugural this year, we very much need to focus on getting principles right so that we unleash the power of individual initiative. Nobel Prize winning Economist Milton Friedman once said, "Nobody spends somebody else's money as carefully as he spends his own. Nobody uses somebody else's resources as carefully as he uses his own. So if you want efficiency and effectiveness, if you want knowledge to be properly utilized, you have to do it through the means of individual ownership."
To me that means we should not shy away from the idea of actually limiting government's growth so we move more power and authority to individual South Carolinians - and in turn unleash the potential of individual South Carolinians.
With all this said, here are our priorities for the year.
We believe the number one thing we could do this year to better our State government - and in turn people's lives - is to update and change our government structure. The number one thing we could do in this category is to make DOT a cabinet agency.
I know that some of you are thinking, "Why don't we leave good enough alone?" and the answer lies in the fact that "good enough" won't make us competitive in the new world of which we're a part. In life you can be just a little bit off the mark and completely miss the mark.
Just like a few words can make all the difference, in the same way some would see just a few little things out of place with our structure - but we get a world of difference in the outcomes of our government.
The deliberation of ideas is well done by a committee, but the execution of those ideas can never be well done by a committee because in administration, responsibility - "the buck" if you will - has to stop somewhere. Our government structure is fatally flawed in the way responsibility for outcomes fall to groups of people rather than one person or branch of government - and if everyone is responsible, no one is responsible. This is the case with the committee structure at DOT where our needs are great.

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I simply ask for what I have asked for before - your leadership in moving us toward a more balanced and therefore better functioning government - with three more equal branches of government.
To compete in the times we live in it is vital we let the Executive Branch of government do what the Founding Fathers intended, and what occurs in nearly every other State - administer the laws created and approved by the Legislative and Judicial Branches of government.
There is no more pressing case for reform than at DOT, where the agency's budget has outpaced the rest of State government and where we even outpace the Southeastern average - without commensurate results. The Department of Transportation is accountable to the Executive Branch in 47 other States. It needs to be in South Carolina as well.
I furthermore ask on restructuring at large that you simply allow the chance to take a vote on whether or not citizens would like a long list of Constitutional Officers independently elected or a part of the same Executive Branch cabinet.
Health care restructuring continues to be vital to a better-integrated system and consequently better care. The creation of a Department of Administration would bring to the South Carolina governorship administrative oversight now handled by forty-nine other governors. We are the only State in the country with a Budget and Control Board, and allowing its administrative functions to move to a Department of Administration would bring us in line with the 49 other States.
Second, we continue to believe it is vital we take steps each year to continue to better "soil conditions" for business so that we have more in the way of jobs and economic opportunity. This year we propose an economic betterment package of three things: workers' comp reform, an income tax cut and small business health care reform.
Workers compensation rates in South Carolina are scaring off business investment and killing jobs in our State. Since 2000, S.C. ranks second in terms of workers' compensation rate growth.
Our system is too subjective and penalizes some of the most in need of help. Reforming the Workers' Compensation Commission has become important not just because of rate change, but because there is no consistency of awards, no objective standards, very little use of mediation and very little accountability in the way non-expert advice is relied on and in the way that effects of natural aging can be classified.
The Second Injury Fund has seen skyrocketing assessments. Currently, one third of every dollar in workers' comp premiums goes to

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the Second Injury Fund, though only about two percent of employers actually receive reimbursements.
To give you a sense of how out of balance our system is - our assessments in this State are 10 times California's, the reverse of what you would expect in our State that also happens to be 10 times smaller than California.
Second in this package, we believe part of our State's ability to compete lies in our competitiveness in different tax categories. As an administration, we have come to agree with many of you who believe that we should take a comprehensive look at our tax system, and we are committed to working with you to look comprehensively at our system.
In the near term though, we need to take steps each year that move us toward being more competitive. On this front, we believe doing what we have called for in our budget - trading off an increase in cigarette tax for a decrease in income taxes would be incredibly timely.
On this point it needs to be remembered that the Democratic Governor of New Mexico, Bill Richardson, cut income tax rates from 8.2 percent to 4.9 percent. Democratic Governor of Oklahoma Brad Henry cut income tax rates from 6.25 percent to 5.25 percent. Democratic Governor of Arizona Janet Napolitano cut income taxes by 10 percent.
Democratic Governor of West Virginia Joe Manchin has called for Legislators to lower a variety of taxes including the income tax, and even Rhode Island - with massive Democratic majorities in its legislature - now offers residents the choice of a flat tax that cuts the top tax rate from 9.9 percent to 5.5 percent. This should not be a partisan issue in our State, just as it has not been in so many others.
Finally, we believe small businesses need help in offering health care plans to their workers. This is important both in addressing the number of uninsured in South Carolina and in addressing a small business's ability to compete.
Currently small businesses are not allowed to band together as big businesses can to find the most affordable health care. They are also saddled with over 30 well-intentioned mandates that make the health care they can offer less affordable; we believe reform that brings flexibility on both fronts is vital and I ask you to join us in advancing reform.
Third, I ask that you help me hold the line on how much government grows this year in South Carolina. I recognize that we all have different perspectives on how much it should grow.

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South Carolina spending led the Southeast over the last two years with 25% growth versus the Southeastern average of 13.7% - about half that number. If we spend all the money that comes in over this next year, South Carolina government will have grown 38% since 2004.
State general fund spending will have risen from $5 billion to essentially $7 billion over the last four years, and total spending in South Carolina has grown by 25% over the last three years - as it's risen from $15.5 billion to $19.4 billion. It does not make common sense to grow government faster than people's wallets and pocketbooks.
One of the most unsustainable components of our present budget is tied to retiree benefits that were promised but not paid for. In our case, retiree health care benefits are completely unfunded and amount to a $9.3 billion liability. These unfunded promises have an eerie similarity to the unfunded promises of Medicare, Medicaid and Social Security in Washington.
David Walker is the Comptroller General of the United States of America and is currently embarked on what he calls the "Fiscal Wake-Up Tour." He argues that America will lose its competitive position in the world if we as a country don't subscribe to the common sense notion that families and businesses adhere to in matching costs with benefits.
In an effort to avoid financial explosions every State must now account for its long-term liabilities, and in South Carolina alone, $535 million would be required to fully fund this year's portion.
Holding the line on spending to population plus inflation is necessary to avoid growing government by 38 percent over four years, it's necessary to set aside money to pay for unfunded and promised benefits, and it's necessary if we're going to return $200 million to taxpayers this year.
If we don't hold the line on spending this year I am also certain we are going to crawl right back into the financial hole we just spent four years climbing out of. This will mean mid-year level budget cuts, which are bad for anyone relying on government.
It will mean cuts past muscle and right into bone in agencies we are now adequately funding. I implore you not to spend all this money projected to come our way. There are serious storm clouds on the financial horizon as the U.S. trade deficit in 2006 was right at $878 billion, the savings rate in this country has gone flat and housing markets across the country are cooling.

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It isn't just about the sustainability of spending - it is also about change. Think about it - if you really believe that we live in one of the most transformative times in world history, then wouldn't you want to maximize the part of your economy that will change the fastest? Money in the private sector can be redirected faster than money in the public sector.
More than anything, this whole spending debate is about common sense notions. Most folks tell me they agree with the principal of "first things first" and that it makes sense to pay off money you have committed to spend before you begin new spending. They tell me it doesn't make sense to grow government faster than people's ability to pay for it.
On this front I ask just two things. One, as I mentioned earlier, adopt what we laid out in our budget in setting aside money for the $9 billion health care liability, and two, limit this year's growth in government to population plus inflation so we can do so.
Finally, enhancing the quality of one's life in South Carolina is critical to fully answering the charge put to each of us in the book Red Hills and Cotton. This year the top three things on our list are DUI reform, further education reform and $20 million for land conservation.
On DUI there is nothing more fundamental to quality of life than life itself. Tragically, people are being robbed of their lives in South Carolina because of anemic DUI laws.
I believe it is morally wrong that Tony Howard, a husband and father of three who lived in the Upstate, died because of our weak DUI laws, killed by a drunk driver in 2002. The drunk driver had already racked up five DUI convictions in South Carolina and two more in North Carolina.
Each time though, he was either let off without a major penalty or allowed to plead to a lesser offence. Finally, on the eighth offense, this drunk driver killed Tony. This is not acceptable - we have to change the way DUI laws are enforced in this State and I ask we do it this year.
I have talked a lot about open space and in this year's budget have even proposed another $20 million for land conservation because we are running out of time in preserving glimpses of the South Carolina so many of us grew up with. The demographic change that is an engine of growth brings with it the seeds to destroy a sizable portion of the open space that many of us consider important in our choice to make South Carolina home. I ask for your quick action on this measure.
I continue to believe passionately that a parent ought to be able to decide what school works best for their child, and as a consequence

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believe in the need for choice in education and market based solutions to education. It therefore strikes me that as we deal with education funding this year in the wake of last year's property tax reform - we have two readily achievable outcomes in this area.
One, I think moving toward a single weighted funding formula is not only something we can do, but it would also move us toward greater educational equality in South Carolina and open avenues by which more educational choices could become available in South Carolina.
Two, let's recognize our wide-ranging school district sizes and structures for what they are - in some cases a throwback to the era of segregation, and so let's instead move toward a system of one district per county.
At the end of the day, I don't believe our current testing efforts or additional spending can ultimately replace the power of a parent putting his or her child into a school setting that works for them. I continue to believe choice is crucial to bettering education and will embrace the chance to work with any and all of you on reforms.
To keep my list short and attainable, I stop here in the things I ask you to consider.
There are a few other things that are worth highlighting though as we consider the state of our State, and so I will mention them as well.
We will work with many of you this year in addressing what has become a crisis for many families and businesses in paying for, or even having access to, property insurance on the coast.
I think it is important we advance market based remedies that don't penalize people living at the opposite end of the State, or the next generation, as has been the remedy of some states.
Specifically, we believe a catastrophe fund whose cost is borne by people and commercial interests directly impacted by storms makes sense when combined with catastrophe savings accounts that encourage people to save for the losses that can come with a storm and tax deductions for mitigation measures that reward people for making their property more resistant to a storm's damages.
Since insurance is fundamentally about paying for damages after they've been incurred and offsetting the risk of damage before it occurs, I think it is also important we examine the root cause of the damages themselves. Toward that end, we will propose two things this year.
First, a climate change stakeholders' conference. I join others in believing climate change will impact the intensity of upcoming storms.

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It goes without saying that from South Carolina we can't impact what might be happening in China or India with CO2 emissions, but we probably could incentivize building codes that are more energy-efficient and wind-resistant in the event of hurricanes. So we plan to fully explore those issues with a range of stakeholders over the next year.
Second, insurance rates are being impacted by the rate of growth on the coast, and accordingly we need to take a closer look at how we develop as a State given the fact that a million people are coming here between now and 2030. During roughly the same time period, we're projected to have $57 billion in infrastructure needs.
What this means is that in some of the high-growth areas along the coast, no matter how many lanes you build, we will have evacuation and density problems that in turn impact the cost of insurance on the coast.
In looking for long term solutions, it is our hope to invite Andrés Duany, a world renowned architect and community planner, for a land use and planning conference that may well afford local county planners more market-based tools as they deal with growth issues in their respective counties.
In health we will continue to try and raise awareness of the importance of taking steps to become more active. Lifestyle - not money - could add years and quality to every one of our lives. It needs to be remembered that we rank 47th nationwide in overall health while ranking 11th in public health care spending per capita. We will be doing another Family Fitness Challenge this year and hope you will join us.
In closing, my simple hope and prayer is that as we deal with these and other issues - as well as each other - this year, that we would live and walk Micah 6:8 - Doing with justice that which we are charged to do, embracing with mercy all affected by what we do, and most of all walking humbly with each other and those we serve in this State.
I look forward to working with each of you this year. Thank you and good night.

JOINT ASSEMBLY RECEDES

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


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THE HOUSE RESUMES

At 7:46 p.m. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3222 (Word version) -- Reps. Pinson, 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, Govan, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, 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 RECOGNIZE AND HONOR THE MEMBERS OF THE 218TH HEAVY SEPARATE BRIGADE, THE LARGEST OF THE MAJOR SUBORDINATE COMMANDS OF THE SOUTH CAROLINA NATIONAL GUARD, AND TO WISH THEM WELL IN THEIR YEAR-LONG DEPLOYMENT TO AFGHANISTAN, WHICH BEGINS IN FEBRUARY 2007.

H. 3223 (Word version) -- Reps. Scarborough, 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,


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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, 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 RECOGNIZING AND CONGRATULATING THE JAMES ISLAND CHRISTIAN SCHOOL LADY LIONS SOCCER TEAM FOR WINNING THE 2006 SCISA A-AA STATE SOCCER CHAMPIONSHIP TITLE.

ADJOURNMENT

At 7:48 p.m. the House, in accordance with the motion of Rep. MCLEOD, adjourned in memory of Cecil Joseph Wessinger of Lexington, to meet at 10:00 a.m. tomorrow.

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