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


Printed Page 727 . . . . . Wednesday, January 31, 2007

Wednesday, January 31, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 21:1: "The Lord is my light and my salvation, whom shall I fear?"
Let us pray. Almighty God, thank You for the many blessings of life You give to us. Guide these Representatives and staff as they continue to strive in their duties to do what is good and pleasing to You and for Your people. Give them courage, wisdom, and integrity in their work. Look in favor on our Nation, President, State, Governor, Speaker and all who serve in this House. Protect our defenders of freedom as they protect us. In the name of our Lord. Amen.

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

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

MOTION ADOPTED

Rep. CLEMMONS moved that when the House adjourns, it adjourn in memory of Robert Brooks of Myrtle Beach, which was agreed to.

INVITATIONS

On motion of Rep. LEACH, with unanimous consent, the following were 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


Printed Page 728 . . . . . Wednesday, January 31, 2007

Dear Chairman Leach:

On behalf of the SC Vocational Rehabilitation Association, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 1, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Patricia A. Green
President

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

Dear Chairman Leach:

On behalf of the SC Bankers Association - Young Bankers Division, the Members of the House of Representatives are invited to an Oyster Roast and Barbeque. This event will be held on Tuesday, March 6, 2007, from 6:00 p.m. until 8:00 p.m. at The Sterling Garden Center.

Sincerely,
Elisa M. Edwards
Sr. Vice President

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

Dear Chairman Leach:

On behalf of the SC Self-Insurers Association, Inc., the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 7, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Mobishir Salahuddin


Printed Page 729 . . . . . Wednesday, January 31, 2007

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

Dear Chairman Leach:

On behalf of the Trustees of the ETV Endowment of SC, the Members and staff of the House of Representatives are invited to a Catfish Luncheon. This event will be held on Wednesday, March 7, 2007, at 12:00 noon in the Murray Studio of SC ETV Telecommunications Center.

Sincerely,
Debra Rogers Timmerman
President

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

Dear Chairman Leach:

On behalf of the SC State University, the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, March 7, 2007, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.

Sincerely,
Andrew Hugine, Jr., Ph.D.
President

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


Printed Page 730 . . . . . Wednesday, January 31, 2007

Dear Chairman Leach:

On behalf of the SC Adult Education Directors, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 8, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Sandy Andrews

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

Dear Chairman Leach:

On behalf of the SC Petroleum Marketers Association, the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, March 20, 2007, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House.

Sincerely,
June E. Hartley
Office Manager

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

Dear Chairman Leach:

On behalf of the Florence County Economic Development Partnership, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Tuesday, March 20, 2007, from 8:00 p.m. until 9:00 p.m. at the Columbia Museum of Art.

Sincerely,
Lyles Cooper
Communications & Membership Relations Manager


Printed Page 731 . . . . . Wednesday, January 31, 2007

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

Dear Chairman Leach:

On behalf of the SC Coroner's Association, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 21, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Denise Fenters
Association Manager

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

Dear Chairman Leach:

On behalf of the Association of Public Library Administrators, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 21, 2007, from 12:00 noon until 2:00 p.m. at Seawell's Banquet and Reception Center.

Sincerely,
Dwight McInvaill, Director
Georgetown County Library

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

Dear Chairman Leach:

On behalf of the Home Builders Association of SC, the Members and staff of the House of Representatives are invited to a Bird Supper.


Printed Page 732 . . . . . Wednesday, January 31, 2007

This event will be held on Wednesday, March 21, 2007, at Seawell's. The reception will begin at 6:30 p.m. with dinner immediately following at 7:15 p.m.

Sincerely,
John C. Cone
Executive Director

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

Dear Chairman Leach:

On behalf of the Children's Advocacy Centers, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 22, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Matthew A. Van Patton, Principal
Palmetto Public Affairs, Inc.

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

Dear Chairman Leach:

On behalf of the York County Regional Chamber of Commerce, the Members and staff of the House of Representatives are invited to the 20th Annual York County Day Legislative Reception. This event will be held on Tuesday, March 27, 2007, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.

Sincerely,
L. Dean Faile
Sr. Vice President


Printed Page 733 . . . . . Wednesday, January 31, 2007

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

Dear Chairman Leach:

On behalf of the SC Prayer Fellowship, the Members of the House of Representatives are invited to the SC State Prayer Breakfast. This event will be held on Wednesday, March 28, 2007, at 7:30 a.m. at the Radisson Hotel.

Sincerely,
C. Tommy Young
Chairman

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

Dear Chairman Leach:

On behalf of the SC Coalition for Promoting Physical Activity and the SC Governor's Council on Physical Fitness, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 28, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Amy Splittgerber, M.Ed.
Executive Director

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

Dear Chairman Leach:


Printed Page 734 . . . . . Wednesday, January 31, 2007

On behalf of AARP-SC, the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 28, 2007, from 12:00 noon until 2:00 p.m. on the State House grounds.

Sincerely,
Teresa Arnold
Legislative Director

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

Dear Chairman Leach:

On behalf of the SC Hospital Association, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, March 28, 2007, beginning at 6:00 p.m. at the Clarion Town House Hotel.

Sincerely,
J. Thornton Kirby
President & CEO

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

Dear Chairman Leach:

On behalf of the SC Aviation Association, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 29, 2007, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Katie English
Administrative Manager


Printed Page 735 . . . . . Wednesday, January 31, 2007

REPORTS OF STANDING COMMITTEES

Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3155 (Word version) -- Reps. Walker, Littlejohn and Mahaffey: A BILL TO AMEND SECTION 13-1-1050, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS OF MEMBERS OF THE AERONAUTICS COMMISSION, SO AS TO PROVIDE THAT NO COMMISSION MEMBER MAY SERVE MORE THAN TWO CONSECUTIVE TERMS BUT MAY BE ELIGIBLE TO SERVE AGAIN FOUR YEARS AFTER THE EXPIRATION OF HIS TERM.
Ordered for consideration tomorrow.

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

H. 3364 (Word version) -- Rep. W. D. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 6, 2007.
Ordered for consideration tomorrow.

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

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.
Ordered for consideration tomorrow.


Printed Page 736 . . . . . Wednesday, January 31, 2007

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

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 SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.

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

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, 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.
Ordered for consideration tomorrow.


Printed Page 737 . . . . . Wednesday, January 31, 2007

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

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

HOUSE RESOLUTION

The following was introduced:

H. 3393 (Word version) -- Reps. Harrell, Cooper, 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, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND MR. FRANK FUSCO, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA BUDGET AND CONTROL BOARD, FOR HIS THIRTY-FOUR YEARS OF DISTINGUISHED AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA UPON HIS RETIREMENT FROM THIS POSITION, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

Whereas, for thirty-four years Mr. Frank Fusco has diligently served the State of South Carolina in various capacities, the last six as


Printed Page 738 . . . . . Wednesday, January 31, 2007

Executive Director of the South Carolina Budget and Control Board; and

Whereas, previously he had gained the knowledge and skill necessary for his current position by working his way up through the ranks of public service, including the Office of Executive Policy and Programs, the Legislative Audit Council, the Joint Appropriations Review Committee, and, in more recent years, by serving as Director of Research for the House Ways and Means Committee, spending nine years in that position and fourteen overall with the committee, and two years as Deputy Chief of Staff for Legislative and Budget Affairs in Governor Jim Hodges' office; and

Whereas, after growing up in Columbia, he earned a Bachelor of Arts degree from Florida Southern College and served his country honorably as a First Lieutenant with the U.S. Army Signal Corps; and

Whereas, his service in his many capacities has inspired and established a model of professionalism for all public employees and staff to follow; and

Whereas, he is an enormously creative problem solver, organizer, and strategic planner who always thinks about problems in a manner that brings about effective and workable solutions; and

Whereas, Frank is blessed with a wonderful sense of humor and has a flair for practical jokes, counting among his victims many members and staff of the General Assembly; and

Whereas, Frank Fusco without question has been one of the most effective and innovative public servants and employees ever to have worked in state government; and

Whereas, from being an early advocate of the use of technology in the 1990s to developing and implementing the concepts and principles of Total Quality Management first espoused by Malcolm Baldrige, he has left a mark on South Carolina and South Carolina State Government that few public officials elected or appointed will ever realize; and


Printed Page 739 . . . . . Wednesday, January 31, 2007

Whereas, in addition to being an intelligent and capable professional, Frank Fusco is simply a truly nice person, with a wide range of interests, such as his eclectic band, which generally practices at his residence in Columbia; his work with numerous animal-rescue groups like Rescuing Dogs and Cats; and his vacation home in the mountains of North Carolina, where hopefully he and his beloved wife, Pam, will get to spend more time; and

Whereas, it is fitting that the members of the House of Representatives, on behalf of the citizens of South Carolina, should thank and honor this truly outstanding man for an exemplary career of service to his native State upon the occasion of his retirement as Executive Director of the State Budget and Control Board, a position that caps a career in state government of great distinction and accomplishment. Now, therefore,

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, commend Mr. Frank Fusco, Executive Director of the South Carolina Budget and Control Board, for his thirty-four years of distinguished and dedicated service to the State of South Carolina upon his retirement from this position, and wish him much success and fulfillment in all his future endeavors.

Be it further resolved that a copy of this resolution be presented to Mr. Frank Fusco.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3394 (Word version) -- Reps. W. D. Smith, Walker, Davenport, Anthony, Kelly, Littlejohn, Mahaffey and Taylor: A BILL TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 906 OF 1962, AS AMENDED, AND SECTION 2 OF ACT 197 OF 1973, BOTH RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION, AS SECTIONS 59-53-1110, 59-53-1120, 59-53-1130, AND 59-53-1140 OF THE 1976 CODE, TO BE


Printed Page 740 . . . . . Wednesday, January 31, 2007

CONTAINED IN ARTICLE 14, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED "SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION"; TO REDUCE FROM FOUR TO TWO THE MEMBERS APPOINTED AT LARGE FROM SPARTANBURG COUNTY AND TO ADD ONE MEMBER FROM CHEROKEE COUNTY SCHOOL DISTRICT ONE AND ONE MEMBER FROM THE SCHOOL DISTRICT OF UNION COUNTY AND PROVIDE TRANSITION PROVISIONS; AND BY ADDING SUBARTICLE 3 TO ARTICLE 14, CHAPTER 53, TITLE 59 SO AS TO ENACT THE "SPARTANBURG COMMUNITY COLLEGE ENTERPRISE CAMPUS AUTHORITY ACT", TO PROVIDE FOR THE POWERS AND DUTIES OF THE SPARTANBURG COMMUNITY COLLEGE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF ITS CHEROKEE COUNTY AND TYGER RIVER CAMPUSES, TO PROVIDE FOR THE CREATION OF THE SPARTANBURG COMMUNITY COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE AUTHORITY.
Referred to Committee on Education and Public Works

H. 3395 (Word version) -- Rep. Funderburk: A JOINT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA ENERGY OFFICE AND THE OFFICE OF REGULATORY STAFF SHALL PROVIDE A REPORT TO THE GENERAL ASSEMBLY NOT LATER THAN OCTOBER 1, 2007, THAT RECOMMENDS PROCESS AND PROCEDURES FOR ESTABLISHING NET METERING PROGRAMS AT ALL DISTRIBUTION ELECTRIC UTILITIES IN SOUTH CAROLINA, INCLUDING INVESTOR-OWNED ELECTRIC UTILITIES, ELECTRIC COOPERATIVES, MUNICIPAL-OWNED ELECTRIC UTILITIES, AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.
Referred to Committee on Labor, Commerce and Industry

H. 3396 (Word version) -- Reps. Cato, Harrell, Sandifer, Bales, Battle, G. Brown, Chellis, Cooper, Haley, Hamilton, Harrison, Herbkersman, Howard, Jennings, Leach, Mack, Merrill, Ott, Owens, Perry, Scarborough, Thompson, Huggins and Dantzler: A BILL TO AMEND SECTION 58-12-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES, FUNDING, AND PREEMPTION PROVISIONS IN REGARD TO CABLE TELEVISION SERVICES,


Printed Page 741 . . . . . Wednesday, January 31, 2007

SO AS TO INCLUDE VIDEO SERVICES THEREIN; TO AMEND ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY FOR THE PROVISION OF CABLE SERVICES, SO AS TO ALSO MAKE THE PROVISIONS OF THIS ARTICLE APPLICABLE TO VIDEO SERVICES PROVIDED THROUGH WIRELINE FACILITIES; AND TO AMEND SECTION 58-9-2200, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO TELECOMMUNICATIONS SERVICES, SO AS TO REVISE THE DEFINITION OF "RETAIL TELECOMMUNICATIONS SERVICES".
Referred to Committee on Labor, Commerce and Industry

H. 3397 (Word version) -- Reps. Scott, Parks and Govan: A BILL TO AMEND SECTION 16-3-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO INCREASE THE AGE OF CONSENT FOR PURPOSES OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE FROM SIXTEEN TO EIGHTEEN OR SEVENTEEN IF HE HAS GRADUATED FROM HIGH SCHOOL.
Referred to Committee on Judiciary

H. 3398 (Word version) -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 96, TITLE 44 TO ENACT THE "ELECTRONICS RECYCLING ACT" SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROMULGATE REGULATIONS ON THE PROPER MANAGEMENT OF ELECTRONICS WASTE AND TO SPECIFY THE CONTENT OF THESE REGULATIONS; TO PROHIBIT THE SALE OF VIDEO DISPLAY DEVICES IN THIS STATE IF THE MANUFACTURER IS NOT IN COMPLIANCE WITH THIS ARTICLE; TO ESTABLISH CONSUMER ELECTRONICS WASTE RECYCLING FEES ON THE PURCHASE OF VIDEO DISPLAY DEVICES TO BE COLLECTED BY THE DEPARTMENT OF REVENUE; TO ESTABLISH THE ELECTRONICS RECYCLING FUND AND TO PROVIDE FOR THE USES OF THE MONIES IN THE FUND; TO REQUIRE RETAILERS TO PROVIDE INFORMATION TO CONSUMERS DESCRIBING HOW AND WHERE TO RETURN AND RECYCLE ELECTRONIC EQUIPMENT; TO PROVIDE THAT A RETAILER


Printed Page 742 . . . . . Wednesday, January 31, 2007

MAY RETAIN THREE PERCENT OF THE ELECTRONICS WASTE RECYCLING FEE FOR ADMINISTRATIVE COSTS IN COLLECTING THE FEE, TO PROVIDE THAT A PORTION OF THE ELECTRONICS WASTE FEE COLLECTED BY A RETAILER MAY BE REFUNDED TO THE RETAILER WHO DELIVERS ELECTRONICS WASTE TO A RECYCLER, AND TO ALSO PROVIDE THAT FUNDS MUST BE DISBURSED TO EACH COUNTY BASED ON POPULATION; TO REQUIRE THE DEPARTMENT TO REVIEW AND ADJUST ELECTRONICS WASTE RECYCLING FEES BIENNIALLY AND TO MAKE ADJUSTMENTS TO ENSURE THAT THESE FEES GENERATE SUFFICIENT REVENUE TO FUND THIS RECYCLING PROGRAM; TO REQUIRE MANUFACTURERS TO SUBMIT ANNUAL REPORTS TO THE DEPARTMENT ON THE SALE OF ELECTRONIC EQUIPMENT; TO ESTABLISH CIVIL PENALTIES FOR VIOLATIONS; TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH AND UPDATE STATEWIDE RECYCLING GOALS; AND TO PROVIDE THAT THIS ARTICLE MAY NOT BE IMPLEMENTED IF FEDERAL LAW TAKES EFFECT REGULATING ELECTRONICS WASTE OR IF A COURT ISSUES A JUDGMENT HOLDING THAT OUT-OF-STATE MANUFACTURERS OF ELECTRONIC EQUIPMENT OR RETAILERS MAY NOT BE REQUIRED TO COLLECT THE ELECTRONICS WASTE RECYCLING FEE ESTABLISHED PURSUANT TO THIS ARTICLE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3399 (Word version) -- Rep. Harrell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 9 AND 10 AND NEW VOLUME 9A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2007.
On motion of Rep. DUNCAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3406 (Word version) -- Reps. Sellers, Govan and Ott: A BILL TO AMEND SECTION 44-7-3455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS NOT SUBJECT TO THE PROVISIONS OF THE HOSPITAL PATIENT SAFETY ACT, SO AS


Printed Page 743 . . . . . Wednesday, January 31, 2007

TO PROVIDE THAT PROVISIONS OF THAT ACT DO NOT APPLY TO SPECIALTY HOSPITALS UNDER CONTRACT WITH THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.
Rep. SELLERS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. MERRILL objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3409 (Word version) -- Reps. Scarborough and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY AVIATION AUTHORITY'S MEMBERSHIP SHALL BE INCREASED BY TWO MEMBERS, AND TO PROVIDE THAT THESE MEMBERS SHALL BE THE CHAIRMAN AND VICE CHAIRMAN OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION, OR THEIR DESIGNEES.
Rep. SCARBOROUGH asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. WHIPPER objected.
Referred to Charleston Delegation

S. 105 (Word version) -- Senators Ritchie, McConnell, Campsen, Courson, Elliott, Richardson, Vaughn, Knotts and Fair: A BILL TO AMEND SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLEDGING, SO AS TO PROHIBIT A PERSON OR JUDICIAL CANDIDATE FROM DIRECTLY OR INDIRECTLY SEEKING THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY REGARDING SCREENING FOR ANY JUDICIAL OFFICE UNTIL THE QUALIFICATIONS OF ALL THE CANDIDATES HAVE BEEN DETERMINED BY THE JUDICIAL MERIT SELECTION COMMISSION AND THE COMMISSION HAS FORMALLY RELEASED ITS REPORT.
Referred to Committee on Judiciary

S. 146 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Elliott, Fair, Alexander and Lourie: A BILL TO AMEND SECTION 23-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TRANSFER OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT ANY MUNICIPAL OR COUNTY LAW


Printed Page 744 . . . . . Wednesday, January 31, 2007

ENFORCEMENT OFFICER MAY BE TRANSFERRED OR ASSIGNED ON A TEMPORARY BASIS TO WORK WITHIN MULTI-JURISDICTIONAL TASK FORCES ESTABLISHED FOR THE MUTUAL AID AND BENEFIT OF THE PARTICIPATING JURISDICTIONS; AND TO AMEND SECTION 23-1-215, RELATING TO AGREEMENTS BETWEEN MULTIPLE LAW ENFORCEMENT JURISDICTIONS FOR THE PURPOSE OF CRIMINAL INVESTIGATIONS, SO AS TO PROVIDE THAT IN THE EVENT OF A CRIME OR CRIMES THAT HAVE OCCURRED WHERE MULTIPLE JURISDICTIONS ARE INVOLVED, LAW ENFORCEMENT OFFICERS ARE AUTHORIZED TO EXERCISE JURISDICTION WITHIN OTHER COUNTIES OR MUNICIPALITIES FOR PURPOSES OF THE CRIMINAL INVESTIGATIONS.
Referred to Committee on Judiciary

S. 285 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMPTROLLER GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMPTROLLER GENERAL SHALL BE NOMINATED BY THE GOVERNOR, APPROVED BY UNANIMOUS VOTE OF THE GOVERNOR, THE STATE TREASURER, THE CHAIRMAN OF THE WAYS AND MEANS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, AND THE CHAIRMAN OF THE FINANCE COMMITTEE OF THE SENATE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE.
Referred to Committee on Judiciary

S. 294 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-8303, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFENSES COMMITTED BY JUVENILES FOR WHICH RELEASE FROM THE DEPARTMENT OF JUVENILE JUSTICE IS DETERMINED BY THE BOARD OF JUVENILE PAROLE OR THE DEPARTMENT, SO AS TO CLARIFY THAT RELEASE FOR THE


Printed Page 745 . . . . . Wednesday, January 31, 2007

OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE MUST BE DETERMINED BY THE BOARD; AND TO AMEND SECTION 20-7-8305, AS AMENDED, RELATING TO REVIEW AND RELEASE PROCEDURES FOR THE BOARD AND DEPARTMENT, SO AS TO PROVIDE THAT THE STATUTORY PROCEDURES APPLY TO THE BOARD AND THAT THE DEPARTMENT SHALL ESTABLISH POLICIES AND PROCEDURES GOVERNING ITS REVIEW AND RELEASE PROCEDURES.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 3400 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO CONGRATULATE THE DORMAN HIGH SCHOOL FIGHTING CAVALIERS SWIM TEAM ON ITS IMPRESSIVE WIN OF THE GIRLS MEDLEY RELAY EVENT AT THE 2006 AAAA STATE CHAMPIONSHIP, AND TO HONOR THE SWIMMERS AND THEIR COACH, AMY THOMPSON, ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3401 (Word version) -- Reps. Sandifer and Whitmire: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR HENRY H. GORDON, JR., OF OCONEE COUNTY, FOR HIS OUTSTANDING LEADERSHIP AS DIRECTOR OF OCONEE COUNTY EMERGENCY PREPAREDNESS AND TO WISH HIM ALL THE BEST UPON HIS RETIREMENT.

The Resolution was adopted.


Printed Page 746 . . . . . Wednesday, January 31, 2007

HOUSE RESOLUTION

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

H. 3402 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE CHEERLEADING TEAM, COACHES, AND SCHOOL OFFICIALS OF THE DORMAN HIGH SCHOOL COMPETITION CHEER TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON THEIR IMPRESSIVE WIN OF THE REGION II-AAAA COMPETITIVE CHEER STATE CHAMPIONSHIP, AND TO HONOR THE CHEERLEADERS AND THEIR COACH, KAMI APPLETON, ON AN EXCEPTIONAL SEASON.

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 the Cheerleading Team, coaches, and school officials of the Dorman High School Competition Cheer Team, at a date and time to be determined by the Speaker, to congratulate them on their impressive win of the Region II-AAAA Competitive Cheer State Championship, and to honor the cheerleaders and their coach, Kami Appleton, on an exceptional season.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3403 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO CONGRATULATE THE DORMAN HIGH SCHOOL FIGHTING CAVALIERS COMPETITION CHEER TEAM FOR ITS IMPRESSIVE WIN OF THE REGION II-AAAA COMPETITIVE CHEER STATE CHAMPIONSHIP, AND TO HONOR THE CHEERLEADERS AND THEIR COACH, KAMI APPLETON, ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.


Printed Page 747 . . . . . Wednesday, January 31, 2007

HOUSE RESOLUTION

The following was introduced:

H. 3404 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE DORMAN HIGH SCHOOL BOYS SWIM TEAM FOR WINNING THE 2006 CLASS AAAA BOYS 200 FREE RELAY EVENT IN THE STATE CHAMPIONSHIP COMPETITION, AND FOR SETTING A NEW STATE RECORD FOR THE EVENT.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3405 (Word version) -- Rep. Bannister: A HOUSE RESOLUTION TO EXTEND A WARM WELCOME AND OUR BEST WISHES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM THE LYCÉE GODEFROY DE BOUILLON SCHOOL, CLERMONT-FERRAND, FRANCE, PARTICIPATING IN THE STUDENT EXCHANGE PROGRAM WITH J. L. MANN HIGH SCHOOL OF GREENVILLE COUNTY.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3407 (Word version) -- Reps. Ott, Clyburn, Cobb-Hunter, Hart, Hosey, Howard, Jefferson, Knight, McLeod, J. H. Neal, J. E. Smith and Williams: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 11, 2007, AS "SUNSHINE SUNDAY" AND MARCH 11-17, 2007, AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA" AND TO ENCOURAGE PARTICIPATION IN THESE ACTIVITIES


Printed Page 748 . . . . . Wednesday, January 31, 2007

COMMEMORATING OUR OPEN, DEMOCRATIC GOVERNMENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

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

H. 3408 (Word version) -- Reps. Witherspoon, Barfield, Merrill, Ceips, Brantley, Chellis, Coleman, Crawford, Davenport, Duncan, Edge, Hardwick, Harrison, Hinson, Kelly, Loftis, Lowe, Mahaffey, Moss, M. A. Pitts, Sandifer, W. D. Smith, Thompson and Walker: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA MARINAS FOR THEIR VITAL ROLE IN PROVIDING A GATEWAY TO BOATING FOR THE CITIZENS AND VISITORS OF SOUTH CAROLINA AND TO RECOGNIZE AUGUST 11, 2007 AS NATIONAL MARINA DAY TO HONOR MARINAS FOR THEIR MANY CONTRIBUTIONS.

Whereas, the members of the South Carolina General Assembly place a high value on recreation time and the ability to access one of America's greatest natural resources, its waterways; and

Whereas, in 1928, the word "marina" was used for the very first time by the National Association of Engine and Boat Manufacturers to define a recreational boating facility; and

Whereas, South Carolina is home to hundreds of recreational boating facilities that contribute substantially to their communities by providing a safe, reliable gateway to boating for citizens and welcomed guests; and

Whereas, South Carolina's marinas also serve as stewards of the environment, actively seeking to protect the surrounding waterways not only for the enjoyment of this generation, but for generations to come; and

Whereas, providing South Carolinians and visitors with a place where friends and families can come together for recreation, rest, and


Printed Page 749 . . . . . Wednesday, January 31, 2007

relaxation, marinas are integral to the South Carolina way of life. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, commend South Carolina marinas for their vital role in providing a gateway to boating for the citizens and visitors of South Carolina and recognize August 11, 2007 as National Marina Day to honor marinas for their many contributions.

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

CONCURRENT RESOLUTION

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

H. 3410 (Word version) -- Reps. Edge, 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, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION DECLARING JANUARY 2007, AS GLAUCOMA AWARENESS MONTH.


Printed Page 750 . . . . . Wednesday, January 31, 2007

Whereas, glaucoma, a leading cause of blindness, affects more than 3 million Americans age 40 and older, and according to a University of South Carolina School of Medicine report, South Carolina ranked as the fifth worse state in the nation due to glaucoma blindness; and

Whereas, glaucoma is indicative of tragic health disparities, affecting African Americans six to eight times more frequently than Caucasians; and

Whereas, glaucoma is the leading cause of blindness for African Americans, with African Americans ages 45 to 65 being fourteen to seventeen times more likely to go blind from glaucoma than Caucasians with glaucoma in the same age group; and

Whereas, Latinos and women are also disproportionately affected by glaucoma in younger age groups than other populations; and

Whereas, glaucoma affects an increasing number of older people across all races and ethnicities, reducing the quality of life for people in their golden years; and

Whereas, glaucoma causes people to lose their peripheral sight, oftentimes without the individual knowing it, and consequently only half of all people with glaucoma are aware of their condition; and

Whereas, because of the furtive nature of the progression of glaucoma, it is often called the "sneak thief of sight"; and

Whereas, most cases of glaucoma can be controlled and vision loss can be slowed or halted when identified and treated; however, when glaucoma is undetected, lost sight cannot be restored; and

Whereas, glaucoma runs in families, and yet few people know to have regular dilated eye examinations if they are at higher risk due to their family history; and

Whereas, Prevent Blindness America, the nation's leading voluntary health organization dedicated to saving sight and preventing blindness, in partnership with the General Assembly seeks to educate all South Carolinians, and especially people in communities of higher risk, about


Printed Page 751 . . . . . Wednesday, January 31, 2007

the dangers of glaucoma and the importance of regular eye examinations. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution declare January 2007, as Glaucoma Awareness Month.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 290 (Word version) -- Senators Knotts, Bryant, Verdin, Grooms, Hayes, Malloy, McConnell, Leatherman, Peeler, Courson, McGill, Drummond, Setzler, Fair, Reese, Alexander, Leventis, Sheheen, Ryberg, Pinckney, Jackson, Lourie, Moore, Cromer, Mescher, Ritchie, Martin, Matthews, Gregory, Cleary, Scott, Campsen, Anderson, Ford, Elliott, Hawkins, Hutto, Land, O'Dell, Patterson, Rankin, Richardson, Short, Thomas, Vaughn and Williams: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE PAUL A. MORIN, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 27, 2007.
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. 351 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEMORATE THE CENTENNIAL ANNIVERSARY OF THE UNITED PARCEL SERVICE OF AMERICA AND TO RECOGNIZE ITS MANY LASTING CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 752 . . . . . Wednesday, January 31, 2007

ROLL CALL

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Dantzler               Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Govan
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kelly                  Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
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
Talley                 Taylor                 Thompson
Toole                  Umphlett               Walker

Printed Page 753 . . . . . Wednesday, January 31, 2007

Weeks                  White                  Whitmire
Williams               Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 31.

James E. Stewart                  Jackie Hayes
Ted Vick                          Thad Viers
Kenneth Kennedy
Ralph Davenport   Jackson "Seth" Whipper

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. STEWART a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Roger Gaddy of Winnsboro is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. BRADY and HARRISON presented to the House the Hammond School Varsity Football Team, the 2006 Class AAA South Carolina Independent School Association Champions, their coaches and other school officials.

CO-SPONSORS ADDED AND REMOVED

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


Printed Page 754 . . . . . Wednesday, January 31, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3006 (Word version)
Date:   ADD:
01/31/07   PINSON

CO-SPONSOR ADDED

Bill Number:   H. 3028 (Word version)
Date:   ADD:
01/31/07   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 3273 (Word version)
Date:   ADD:
01/31/07   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3273 (Word version)
Date:   ADD:
01/31/07   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3273 (Word version)
Date:   ADD:
01/31/07   BINGHAM

CO-SPONSOR ADDED

Bill Number:   H. 3273 (Word version)
Date:   ADD:
01/31/07   BARFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3273 (Word version)
Date:   ADD:
01/31/07   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 3273 (Word version)
Date:   ADD:
01/31/07   HAMILTON


Printed Page 755 . . . . . Wednesday, January 31, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3273 (Word version)
Date:   ADD:
01/31/07   G. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3284 (Word version)
Date:   ADD:
01/31/07   G. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3284 (Word version)
Date:   ADD:
01/31/07   BARFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3284 (Word version)
Date:   ADD:
01/31/07   M. A. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3284 (Word version)
Date:   ADD:
01/31/07   E. H. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3284 (Word version)
Date:   ADD:
01/31/07   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3301 (Word version)
Date:   ADD:
01/31/07   KIRSH

CO-SPONSOR ADDED

Bill Number:   H. 3301 (Word version)
Date:   ADD:
01/31/07   CRAWFORD


Printed Page 756 . . . . . Wednesday, January 31, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3301 (Word version)
Date:   ADD:
01/31/07   E. H. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3303 (Word version)
Date:   ADD:
01/31/07   WILLIAMS

CO-SPONSOR ADDED

Bill Number:   H. 3334 (Word version)
Date:   ADD:
01/31/07   ALEXANDER

CO-SPONSOR ADDED

Bill Number:   H. 3309 (Word version)
Date:   ADD:
01/31/07   PARKS

CO-SPONSOR REMOVED

Bill Number:   H. 3294 (Word version)
Date:   REMOVE:
01/31/07   HUGGINS

H. 3210--POINT OF ORDER

The following Bill was taken up:

H. 3210 (Word version) -- Reps. Sandifer and Whitmire: A BILL TO AUTHORIZE THE GOVERNING BODY OF OCONEE COUNTY TO PROVIDE FOR A HOMESTEAD PROPERTY TAX EXEMPTION SUFFICIENT TO EQUAL ONE HUNDRED THOUSAND DOLLARS, INCLUDING THE STATEWIDE HOMESTEAD PROPERTY TAX EXEMPTION AMOUNT, OF THE FAIR MARKET VALUE OF THE DWELLING PLACE OF A PERSON WHO HAS BEEN A RESIDENT OF THIS STATE FOR AT LEAST ONE YEAR AND HAS REACHED THE AGE OF SIXTY-FIVE, A PERSON WHO IS CLASSIFIED AS TOTALLY AND PERMANENTLY DISABLED, OR A PERSON WHO IS LEGALLY BLIND, AND TO MAKE THE ELIGIBILITY REQUIREMENTS OF THE STATEWIDE HOMESTEAD EXEMPTION APPLY MUTATIS


Printed Page 757 . . . . . Wednesday, January 31, 2007

MUTANDIS TO THE PROPERTY TAX EXEMPTION ADOPTED BY THE GOVERNING BODY.

Rep. SANDIFER explained the Bill.

POINT OF ORDER

Rep. MERRILL 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.

ORDERED ENROLLED FOR RATIFICATION

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

S. 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.

S. 152--ORDERED TO THIRD READING

The following Bill was taken up:

S. 152 (Word version) -- Senators Alexander, McConnell, Leatherman, Campsen, Vaughn, Ryberg, Richardson, Hayes, Mescher, Knotts, Elliott, Cleary, Fair and Setzler: A BILL TO RATIFY AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE, INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO RATIFY AN


Printed Page 758 . . . . . Wednesday, January 31, 2007

AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

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

Yeas 77; Nays 0

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bales                  Ballentine             Battle
Bingham                Bowen                  Bowers
G. Brown               Cato                   Chalk
Chellis                Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Duncan                 Edge
Frye                   Funderburk             Gambrell
Govan                  Haley                  Harrell
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Huggins
Jefferson              Jennings               Kelly
Kirsh                  Knight                 Limehouse
Loftis                 Lucas                  McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. M. Neal
Neilson                Ott                    Owens
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Sellers                Simrill                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Talley                 Taylor                 Thompson
Toole                  Viers                  Weeks
White                  Whitmire               Williams
Witherspoon            Young

Total--77


Printed Page 759 . . . . . Wednesday, January 31, 2007

Those who voted in the negative are:

Total--0

So, having received the necessary vote, the Bill was read the second time and ordered to third reading.

RECORD FOR VOTING

I was out of the Chamber during the vote on S. 152. I would have voted in favor of the Bill. Indeed, as primary co-sponsor of the House version of this Bill, I support it.
Rep. Phillip W. Shoopman

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on S. 152, but had I been present, I would have voted in favor of the Bill.
Rep. Chris Hart

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on S. 152, but had I been present, I would have voted in favor of the Bill.
Rep. Robert Leach

H. 3379--RECALLED AND REFERRED TO COMMITTEE ON EDUCATION AND PUBLIC WORKS

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

H. 3379 (Word version) -- Reps. D. C. Smith, J. R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT


Printed Page 760 . . . . . Wednesday, January 31, 2007

ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.

S. 318--AMENDED, ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 318 (Word version) -- Senators Pinckney, Grooms, Matthews and Campsen: A CONCURRENT RESOLUTION TO COMMEMORATE THE CONVENING OF THE FOURTH SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY IN JACKSONBOROUGH, SOUTH CAROLINA, IN JANUARY OF 1782, AS A RESULT OF THE CONTINUED BRITISH OCCUPATION OF CHARLESTON, SUBSEQUENT TO THE DEFEAT OF THE BRITISH AT YORKTOWN IN OCTOBER OF 1781, BY CONVENING IN JACKSONBORO ON FRIDAY, FEBRUARY 16th, TO HONOR AND CELEBRATE THE JACKSONBOROUGH ASSEMBLY.

Whereas, the Declaration of Independence was signed on July 4, 1775, after which the Revolutionary War erupted between American Patriots and forces of the British Crown; and

Whereas, during the course of the Revolution, the City of Charleston, the capital of South Carolina, was surrendered to the British on May 12, 1780, after a six-week battle; and

Whereas, a series of battles pivotal to the outcome of the Revolutionary War were waged in South Carolina, commencing with the Battle of Ninety Six in November of 1775, culminating in the Battle of King's Mountain in October of 1780, and the Battle of Cowpens in January of 1781, and concluding with the Battle of Eutaw Springs in September 1781; and

Whereas, in an attempt by the British occupation forces to regain control of the Revolutionaries in South Carolina, Colonel Isaac Hayne of the Militia was executed in Charleston on August 4, 1781, for acts of treason against the Crown; Colonel Hayne's primary residence was Hayne Hall, located four miles from Jacksonborough; and


Printed Page 761 . . . . . Wednesday, January 31, 2007

Whereas, led by General George Washington, the Battle of Yorktown was won by the Americans and French on October 19, 1781, when Major General Lord Cornwallis surrendered; and

Whereas, during the British occupation of South Carolina, the Honorable John Rutledge served as Governor from 1779 until January 1782; and

Whereas, in November of 1781, as part of Governor Rutledge's plan to restore civil authority to South Carolina, he called for a Joint Session of the General Assembly to convene in Jacksonborough on the banks of the Edisto River, thirty-five miles from British-occupied Charleston; and

Whereas, the Fourth Session of the General Assembly convened in Jacksonborough on January 18, 1782: the House of Representatives met at the local Masonic Lodge and the Senate met at DuBose Tavern during this legislative session; thereby, Jacksonborough became the provisional capital of South Carolina; and

Whereas, in Governor Rutledge's message to the joint session held in the Masonic Lodge, he called upon the General Assembly to attend to such progressive matters as raising and organizing a State Militia, devising a plan to punish those citizens disloyal to the Revolution in accordance with the degree of disloyalty, repealing the use of the Crown's tender and any monies in circulation at that time, formulating a debt-management plan and suspending taxation, and restoring civil, criminal, and admiralty forms of justice; and

Whereas, Governor Rutledge praised General Francis Marion, General Andrew Pickens, and General Thomas Sumter whose "enterprising spirit and unremitted perseverance under many difficulties are deserving of great applause . . ."; and Governor Rutledge also congratulated General Nathanael Greene "on the pleasing change of affairs, which under the blessing of God, . . . and bravery of the great and gallant General Greene and the intrepidity of the officers and men under his command, have happily effected"; and

Whereas, Governor Rutledge, from his own lips, on January 18, 1782, issued a challenge to the Fourth Session of the General Assembly to conduct the business of that historic session on which "the interest


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and honor, the safety and happiness of our country depend, so much on the result of your deliberations that I flatter myself you will proceed in the weighty business before you, with firmness and temper, with vigor, unanimity and dispatch"; and

Whereas, the city of Charleston was not fully abandoned by the British and the Loyalists until December of 1782; and

Whereas, the members of the South Carolina General Assembly today, over two hundred years after that fateful session, would like to remember those who stood as leaders of our beloved State in its infancy. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the South Carolina General Assembly, by this resolution, commemorate the convening of the Fourth Session of the South Carolina General Assembly in Jacksonborough, South Carolina, in January of 1782, as a result of the continued British occupation of Charleston, subsequent to the defeat of the British at Yorktown in October of 1781, by convening a statewide session in Jacksonboro, South Carolina, on Friday, February 16th, to honor and celebrate the Jacksonborough Assembly.

This session must be held at a time and place to be determined by the Speaker of the House and the President Pro Tempore of the Senate.

Reps. HARRELL and BOWERS proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20104SD07), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all after the resolving words beginning on line 18, page 3, and inserting:
/That the members of the South Carolina General Assembly, by this resolution, commemorate the convening of the Fourth Session of the South Carolina General Assembly in Jacksonborough, South Carolina, in January of 1782, as a result of the continued British occupation of Charleston, subsequent to the defeat of the British at Yorktown in October of 1781, by convening a statewide legislative day to meet in joint session in Jacksonboro, South Carolina, on Friday, February 16,


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2007, for the sole purpose of honoring and celebrating the Jacksonborough Assembly.
This session must be held at a time and place to be determined by the Speaker of the House of Representatives and the President Pro Tempore of the Senate.   /
Renumber sections to conform.
Amend title to conform.

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

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILL

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

H. 3411 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BASIC SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN HOLDING A BASIC DRIVER'S LICENSE MAY NOT OPERATE A MOTOR VEHICLE BETWEEN MIDNIGHT AND SIX O'CLOCK A.M. WITHOUT HIS PARENT OR GUARDIAN ACCOMPANYING HIM IN THE VEHICLE UNLESS REQUIRED TO DO SO FOR CERTAIN SPECIFIC REASONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Education and Public Works

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

ADJOURNMENT

At 11:25 a.m. the House, in accordance with the motion of Rep. CLEMMONS, adjourned in memory of Robert Brooks of Myrtle Beach, to meet at 10:00 a.m. tomorrow.

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