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.
Rep. MCLEOD moved that when the House adjourns, it adjourn in memory of Cecil Joseph Wessinger of Lexington, which was agreed to.
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
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
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
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
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.
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,
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.
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
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
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
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
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
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
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
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
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,
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
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
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
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.
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.
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
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
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
Announcement was made that Dr. William Hester of Florence is the Doctor of the Day for the General Assembly.
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.
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."
Bill Number: H. 3212 (Word version)
Date: ADD:
01/17/07 HALEY
Bill Number: H. 3168 (Word version)
Date: ADD:
01/17/07 MILLER
Bill Number: H. 3168 (Word version)
Date: ADD:
01/17/07 BRANHAM
Bill Number: H. 3168 (Word version)
Date: ADD:
01/17/07 HAYES
Bill Number: H. 3118 (Word version)
Date: ADD:
01/17/07 SCOTT
Bill Number: H. 3006 (Word version)
Date: ADD:
01/17/07 TALLEY
Bill Number: H. 3006 (Word version)
Date: ADD:
01/17/07 GULLICK
Bill Number: H. 3146 (Word version)
Date: ADD:
01/17/07 GULLICK
Bill Number: H. 3146 (Word version)
Date: ADD:
01/17/07 CRAWFORD
Bill Number: H. 3168 (Word version)
Date: ADD:
01/17/07 FUNDERBURK
Bill Number: H. 3212 (Word version)
Date: ADD:
01/17/07 CRAWFORD
Bill Number: H. 3216 (Word version)
Date: ADD:
01/17/07 MULVANEY
Bill Number: H. 3231 (Word version)
Date: ADD:
01/17/07 MULVANEY
Bill Number: H. 3231 (Word version)
Date: ADD:
01/17/07 GULLICK
Bill Number: H. 3233 (Word version)
Date: ADD:
01/17/07 UMPHLETT
Bill Number: H. 3249 (Word version)
Date: ADD:
01/17/07 UMPHLETT
Bill Number: H. 3260 (Word version)
Date: ADD:
01/17/07 EDGE
Bill Number: H. 3136 (Word version)
Date: ADD:
01/17/07 MILLER
Bill Number: H. 3136 (Word version)
Date: ADD:
01/17/07 HARVIN
Bill Number: H. 3136 (Word version)
Date: ADD:
01/17/07 CEIPS
Bill Number: H. 3136 (Word version)
Date: ADD:
01/17/07 PARKS
Bill Number: H. 3136 (Word version)
Date: ADD:
01/17/07 NEILSON
Bill Number: H. 3045 (Word version)
Date: ADD:
01/17/07 BOWEN
Bill Number: H. 3136 (Word version)
Date: ADD:
01/17/07 HALEY
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
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.
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.
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.
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:
The motion period was dispensed with on motion of Rep. CHELLIS.
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
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
(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.
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
(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:
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
Walker White Whitmire Witherspoon Young
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
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:
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
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
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
So, the House refused to continue the Resolution.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
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
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
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
So, the Resolution was adopted.
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
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
Rep. MERRILL moved that the House recur to the Morning Hour, which was agreed to.
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
The Concurrent Resolution was agreed to and ordered sent to the Senate.
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
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
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
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
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
The Resolution was adopted.
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.
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.
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,
Rep. THOMPSON moved that the House recede until 6:45 p.m., which was agreed to.
At 6:45 p.m. the House resumed, the SPEAKER in the Chair.
The House stood at ease, subject to the call of the Chair.
At 6:55 p.m. the House resumed, the SPEAKER in the Chair.
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,
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:
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.
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.
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.
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.
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,
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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