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 1 Kings 19:8: "He got up, and ate and drank; then went in the strength of that food forty days and forty nights to Horeb, the Mount of God."
Let us pray. Gracious God, You know the way. Guide us there. With much care, O Lord, take us by the hand, feed us with the bread of life. Give us encouragement to sustain us for the work ahead. When we feel empty and weak, give us exactly what we need to carry on. Give guidance, strength and courage to our Nation, President, State, Governor, Speaker and all who work for the people. 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.

Rep. SELLERS moved that when the House adjourns, it adjourn in memory of the three students killed on February 8, 1968 in the Orangeburg Massacre, Henry Smith, Samuel Hammond, and Delano Middleton, which was agreed to.

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

H. 3170 (Word version) -- Reps. Harrell, W. D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Ott, Ballentine, Barfield, Bedingfield, Bingham, Brady, Ceips, Clemmons, Cotty, Dantzler, Davenport, Delleney, Gambrell, Haley, Haskins, Hardwick,

H. 3422 (Word version) -- Reps. Cooper and Kirsh: A BILL TO AMEND SECTIONS 11-11-155 AND 11-11-156, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN THE COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION DOES NOT DECREASE THE APPLICABLE LIMIT; TO AMEND SECTION 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO CORRECT A REFERENCE; TO AMEND SECTIONS 12-37-3130 AND 12-37-3150, RELATING TO DEFINITIONS AND ASSESSABLE TRANSFERS OF INTEREST FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO REVISE THE DEFINITION OF "CONVEYANCE" AND PROVIDE THAT TRANSFERS OCCUR WHEN INSTRUMENTS ARE EXECUTED WITHOUT REFERENCE TO THE DATE OF RECORDING AND TO PROVIDE THAT FAILURE TO RECORD GIVES RISE TO NO INFERENCE OR TO WHETHER OR NOT A TRANSFER HAS OCCURRED; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION AND ASSESSMENT OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE ADDITIONAL INFORMATION AND CERTIFICATION REQUIREMENTS TO OBTAIN THE SPECIAL FOUR PERCENT

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

The following was introduced:

H. 3470 (Word version) -- Reps. Funderburk and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. AND MRS. GRADY NEWMAN ON THE HAPPY OCCASION OF THEIR

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

The Senate sent to the House the following:

S. 407 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR PHILIP POWELL OF COLUMBIA ON ACHIEVING THE ELITE RANK OF EAGLE SCOUT AND COMMEND HIM FOR HIS HARD WORK AND DETERMINATION IN REACHING THIS GOAL AND TO ALSO RECOGNIZE HIM FOR HIS SPECIAL TALENT AND DEDICATED EFFORTS IN BRINGING HOPE AND JOY TO OTHERS THROUGH HIS ANGEL ART AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.

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

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

H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.
Without Reference

H. 3476 (Word version) -- Reps. Walker, Harrell, Cato, Barfield, Battle, Jennings, Kennedy and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59, TO ENACT THE "TEACHER RECRUITMENT AND RETENTION IMPROVEMENT ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER

H. 3477 (Word version) -- Reps. Spires, Mulvaney, Bingham, Frye, Haley, Bedingfield, Huggins, G. R. Smith, F. N. Smith, Bowen, Cobb-Hunter, Crawford, Hart, Hodges, Jefferson, Knight, Leach, Littlejohn, Lowe, E. H. Pitts, Scott, J. R. Smith, Stavrinakis, Toole and Williams: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN EXEMPTION FROM ALL PROPERTY TAX EQUAL TO ONE HUNDRED PERCENT OF THE VALUE SUBJECT TO TAX OF AN OWNER-OCCUPIED RESIDENCE IF THE OWNER HAS ATTAINED THE AGE OF SIXTY-FIVE YEARS.
Referred to Committee on Ways and Means

H. 3478 (Word version) -- Reps. Spires, Haley, Huggins, Bedingfield, F. N. Smith, G. R. Smith, Ballentine, Crawford, Frye, Harvin, Jefferson, Knight, Leach, Littlejohn, Mitchell, J. R. Smith, Stavrinakis, Toole and Whipper: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WAGE WITHHOLDING FOR THE COLLECTION AND ENFORCEMENT OF CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT THE FAMILY COURT SHALL ORDER WAGE WITHHOLDING UPON FINDING THAT A PERSON, WHO IS NOT REQUIRED TO PAY THROUGH WAGE WITHHOLDING OR THE FAMILY COURT, IS, OR HAS BEEN, IN ARREARS IN AN AMOUNT EQUAL TO THREE OR MORE MONTH'S SUPPORT OBLIGATION.
Referred to Committee on Judiciary

H. 3479 (Word version) -- Rep. Hosey: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL TO RELEASE PROPERTY TAX REIMBURSEMENTS FOR THE ALLENDALE COUNTY SCHOOL DISTRICT FOR THE 2005-06 FISCAL YEAR THAT ARE CURRENTLY BEING WITHHELD BECAUSE OF THE FAILURE OF THE ALLENDALE COUNTY GOVERNMENT TO SUBMIT AUDITED FINANCIAL REPORTS FOR THE 2004-05 FISCAL YEAR, WITH THE AMOUNT RELEASED TO BE BASED UPON THE DISTRICT'S PORTION OF THE TOTAL PROPERTY TAX

H. 3481 (Word version) -- Reps. Cato, G. Brown, Cobb-Hunter, Cooper, Dantzler, Haley, Huggins, Leach, Owens, Skelton, G. M. Smith and Witherspoon: A BILL TO AMEND SECTION 40-10-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHOM THE PROVISIONS OF CHAPTER 10, TITLE 40, REGULATING FIRE SPRINKLER CONTRACTORS, DO NOT APPLY, SO AS TO PROVIDE THAT CHAPTER 10 DOES NOT APPLY TO PERSONS WHO ARE EMPLOYED BY PUBLIC INSTITUTIONS TO REPAIR, ALTER, MAINTAIN, OR INSPECT FIRE SPRINKLER SYSTEMS.
Referred to Committee on Labor, Commerce and Industry

H. 3482 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATES AND INCOME BRACKETS APPLICABLE FOR INDIVIDUALS, ESTATES, AND TRUSTS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO REDUCE THE TOP MARGINAL TAX RATE FROM SEVEN PERCENT TO 6.6 PERCENT AND TO UPDATE THE BRACKETS TO REFLECT PAST INFLATION ADJUSTMENTS.
Referred to Committee on Ways and Means

H. 3483 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 61-4-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY POSSESSION, CONSUMPTION, AND SALE PERMITS OF BEER OR WINE, SO AS TO PROHIBIT THE ISSUANCE OF THESE PERMITS AT CERTAIN HIGH SCHOOL LEAGUE SPORTING EVENTS AND OTHER HIGH SCHOOL LEAGUE-SANCTIONED EVENTS OR COMPETITIONS.
Referred to Committee on Judiciary

H. 3484 (Word version) -- Reps. Edge, Leach, Witherspoon, Barfield, Bedingfield, Bingham, Bowen, Brantley, Ceips, Chalk, Chellis, Clemmons, Crawford, Davenport, Delleney, Duncan, Hagood, Haley, Hamilton, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Limehouse, Loftis, Lowe, Lucas, Merrill, Owens, M. A. Pitts, Rice, Scarborough,

H. 3485 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INDIVIDUAL INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND TO DELETE REDUNDANT LANGUAGE.
Referred to Committee on Ways and Means

H. 3486 (Word version) -- Reps. Gullick, F. N. Smith, Mulvaney, Witherspoon, Crawford, Delleney, Kirsh, Lowe, Moss, J. M. Neal and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-21-55 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF ENVIRONMENTAL CONTROL TO REVIEW STREAM FLOW DATA REPORTED BY THE UNITED STATES GEOLOGICAL SURVEY AT A RIVER BASIN WHERE WATER FLOWS INTO THE STATE FROM A

H. 3487 (Word version) -- Reps. Spires, Bingham, Frye, Haley, Huggins, F. N. Smith, G. R. Smith, Bowen, Brantley, Crawford, Gambrell, Leach, Mitchell and E. H. Pitts: A BILL TO AMEND SECTION 20-7-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARENTAL IMMUNITY IN CASES OF INCORRIGIBILITY OF A SEVENTEEN-YEAR-OLD CHILD, SO AS TO PROVIDE THAT IMMUNITY ALSO APPLIES IN CASES OF NEGLIGENT SUPERVISION IF THE CHILD IS EXCLUDED FROM THE HOME AND THERE IS A DEMONSTRABLE RECORD THAT THE CHILD IS INCORRIGIBLE.
Referred to Committee on Judiciary

H. 3488 (Word version) -- Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-60-255 SO AS TO DEFINE "REASONABLE CHARGES" FOR REAL ESTATE APPRAISAL SERVICES, TO PROVIDE FOR A CAUSE OF ACTION AGAINST A PERSON WHO WILFULLY FAILS TO PAY FOR THE SERVICES OF A REAL ESTATE APPRAISER, AND TO PROVIDE FOR LIQUIDATED DAMAGES.
Referred to Committee on Labor, Commerce and Industry

S. 182 (Word version) -- Senators Fair, Campsen, Richardson, Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE DEPARTMENT OF COMMERCE SHALL DEVELOP AND MAINTAIN A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DEDUCT CERTAIN AMOUNTS FROM THE GROSS EARNINGS OF THE INMATES ENGAGED IN PRISON INDUSTRY SERVICE WORK.
Referred to Committee on Judiciary

S. 263 (Word version) -- Senators McConnell, Leatherman and Campsen: A BILL TO REPEAL SECTION 11-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICE HOURS OF THE STATE TREASURER.
Referred to Committee on Ways and Means

The following was introduced:

H. 3472 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR KEVIN HEISE, HEAD SOCCER COACH AT BROOKLAND-CAYCE HIGH SCHOOL, ON BEING SELECTED 2006 SOUTH CAROLINA LARGE SCHOOL DIVISION BOYS SOCCER COACH OF THE YEAR BY THE NATIONAL SOCCER COACHES ASSOCIATION OF AMERICA.

The Resolution was adopted.

The following was introduced:

H. 3473 (Word version) -- Reps. Mahaffey, Kelly and Talley: A HOUSE RESOLUTION TO CONGRATULATE THE JAMES F. BYRNES HIGH SCHOOL MARCHING BAND ON CAPTURING THE 2006 SOUTH CAROLINA AAAA STATE MARCHING BAND CHAMPIONSHIP.

The Resolution was adopted.

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

H. 3474 (Word version) -- Reps. Mahaffey, Kelly and Talley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE JAMES F. BYRNES HIGH SCHOOL MARCHING BAND, DIRECTORS, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THEM ON CAPTURING THE 2006 SOUTH CAROLINA AAAA STATE MARCHING BAND CHAMPIONSHIP.

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 F. Byrnes High School marching band, directors, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and congratulating them on capturing the 2006 South Carolina AAAA State Marching Band Championship.

The Resolution was adopted.

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

H. 3475 (Word version) -- Reps. Witherspoon, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FUTURE FARMERS OF AMERICA (FFA) MEMBERS AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION DURING NATIONAL FUTURE FARMERS OF AMERICA WEEK, FEBRUARY 17-24, 2007.

Whereas, the Future Farmers of America (FFA) is a national organization of more than 495,000 students of agricultural education in secondary schools, technical colleges, and universities with chapters in all fifty states, Puerto Rico, and the Virgin Islands; and

Whereas, more than seventy-five percent of FFA members enroll in post-high school institutions of higher learning upon graduation from high school in preparation for one of the more than three hundred career opportunities available in the science, business, or technology of agriculture; and

Whereas, the FFA organization is dedicated to making a positive difference in the lives of its members by developing their potential for premier leadership, personal growth, and career success through agricultural education; and

Whereas, South Carolina's FFA members are recognized nationally for their superb agricultural training, leadership skills, academic achievements, and community service; and

Whereas, South Carolina's agricultural educators are known and respected throughout the nation for their exemplary leadership in planning and implementing successful education programs on behalf of FFA members; and

Whereas, the FFA and agricultural education are vital to the continued success of American agriculture which provides the highest quality and safest food at the most reasonable price to the consumer of any nation on earth. 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, recognize and commend South Carolina's Future Farmers of America (FFA) members and all who support, promote, and encourage these outstanding students of agricultural education during National Future Farmers of America Week, February 17-24, 2007.

Be it further resolved that a copy of this resolution be provided to the state FFA officer team and other appropriate FFA officials in South Carolina.

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

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

H. 3480 (Word version) -- Reps. Jefferson, Agnew, Ballentine, Hiott, Knight and Williams: A CONCURRENT RESOLUTION RECOGNIZING THE WEEK OF FEBRUARY 4-10, 2007, AS NATIONAL HIV/AIDS AWARENESS WEEK.

Whereas, this week has been proclaimed National HIV/AIDS Awareness Week; and

Whereas, this proclamation is one step toward making the public aware that HIV/AIDS has not been defeated and that more people are being infected every day; and

Whereas, in the State of South Carolina, a reported fifteen thousand individuals are infected with this disease; and

Whereas, the General Assembly appropriated only a minimum amount of funding toward the research and prevention of this dreaded disease in last year's budget; and

Whereas, the members of the General Assembly must let the citizens of South Carolina know that their legislators, too, care about their own, by increasing the State's financial commitment in this year's budget to help with HIV/AIDS care, research, and prevention. 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, recognize the week of February 4-10, 2007, as National HIV/AIDS Awareness Week.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Legislative Black Caucus.

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

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Crawford
Dantzler               Delleney               Duncan
Edge                   Frye                   Gambrell
Govan                  Gullick                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
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young

I came in after the roll call and was present for the Session on Thursday, February 8.

Nikki Haley                       W. E. "Bill" Sandifer
James E. Stewart                  Ralph Davenport
Laurie Funderburk                 Thad Viers
Todd Rutherford

The SPEAKER granted Rep. BOWERS a leave of absence to attend National Guard Development Ceremonies in the district.

Announcement was made that Dr. Tarasidis of Greenwood is the Doctor of the Day for the General Assembly.

Rep. TALLEY presented to the House the Dorman High School Fighting Cavaliers Competitive Cheerleading Team, the 2006 Class AAAA 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. 3006 (Word version)
Date:   ADD:
02/08/07   AGNEW

Bill Number:   H. 3028 (Word version)
Date:   ADD:
02/08/07   HARDWICK

Bill Number:   H. 3137 (Word version)
Date:   ADD:
02/08/07   RICE

Bill Number:   H. 3137 (Word version)
Date:   ADD:
02/08/07   OWENS

Bill Number:   H. 3137 (Word version)
Date:   ADD:
02/08/07   BEDINGFIELD

Bill Number:   H. 3138 (Word version)
Date:   ADD:
02/08/07   VICK

Bill Number:   H. 3162 (Word version)
Date:   ADD:
02/08/07   SCOTT

Bill Number:   H. 3199 (Word version)
Date:   ADD:
02/08/07   WEEKS

Bill Number:   H. 3240 (Word version)
Date:   ADD:
02/08/07   M. A. PITTS

Bill Number:   H. 3240 (Word version)
Date:   ADD:
02/08/07   LOWE

Bill Number:   H. 3240 (Word version)
Date:   ADD:
02/08/07   ALEXANDER

Bill Number:   H. 3240 (Word version)
Date:   ADD:
02/08/07   KELLY

Bill Number:   H. 3240 (Word version)
Date:   ADD:
02/08/07   BANNISTER

Bill Number:   H. 3240 (Word version)
Date:   ADD:
02/08/07   SIMRILL

Bill Number:   H. 3267 (Word version)
Date:   ADD:
02/08/07   SIMRILL

Bill Number:   H. 3267 (Word version)
Date:   ADD:
02/08/07   WEEKS

Bill Number:   H. 3273 (Word version)
Date:   ADD:
02/08/07   G. M. SMITH

Bill Number:   H. 3284 (Word version)
Date:   ADD:
02/08/07   WEEKS

Bill Number:   H. 3295 (Word version)
Date:   ADD:
02/08/07   PERRY

Bill Number:   H. 3295 (Word version)
Date:   ADD:
02/08/07   YOUNG

Bill Number:   H. 3301 (Word version)
Date:   ADD:
02/08/07   TOOLE

Bill Number:   H. 3304 (Word version)
Date:   ADD:
02/08/07   AGNEW

Bill Number:   H. 3310 (Word version)
Date:   ADD:
02/08/07   WEEKS

Bill Number:   H. 3346 (Word version)
Date:   ADD:
02/08/07   AGNEW

Bill Number:   H. 3347 (Word version)
Date:   ADD:
02/08/07   BRADY

Bill Number:   H. 3352 (Word version)
Date:   ADD:
02/08/07   CLEMMONS

Bill Number:   H. 3352 (Word version)
Date:   ADD:
02/08/07   G. BROWN

Bill Number:   H. 3369 (Word version)
Date:   ADD:
02/08/07   BRADY

Bill Number:   H. 3376 (Word version)
Date:   ADD:
02/08/07   MCLEOD

Bill Number:   H. 3380 (Word version)
Date:   ADD:
02/08/07   BRADY

Bill Number:   H. 3398 (Word version)
Date:   ADD:
02/08/07   BRADY

Bill Number:   H. 3466 (Word version)
Date:   ADD:
02/08/07   TOOLE

Bill Number:   H. 3466 (Word version)
Date:   ADD:
02/08/07   BOWEN

Bill Number:   H. 3346 (Word version)
Date:   ADD:
02/08/07   JENNINGS

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

H. 3446 (Word version) -- Rep. Jennings: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO PROVIDE THAT THE MEMBERS ARE ELECTED FROM ELECTION DISTRICTS CORRESPONDING TO THE EIGHT SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF MARLBORO COUNTY ARE ELECTED.

H. 3447 (Word version) -- Reps. Cato, Harrell, Scarborough, Hagood, Miller, Chellis, Bales, Hodges, Clemmons, Bowers and Gambrell: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO EXAMINE THE PROPERTY AND CASUALTY INSURANCE CRISIS FACING OWNERS OF REAL PROPERTY SITUATED IN COUNTIES BORDERING THE ATLANTIC OCEAN, TO PROVIDE FOR THE MEMBERSHIP, POWERS, DUTIES, AND FUNCTIONS OF THE COMMITTEE, AND TO PROVIDE THAT THE COMMITTEE SHALL SUBMIT ITS REPORT AND RECOMMENDATIONS BY APRIL 1, 2007.

The following Bill was taken up:

H. 3097 (Word version) -- Reps. Rice, Walker, G. R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens and D. C. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22700SJ07):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/   SECTION   1.   Title 59 of the 1976 Code is amended by adding:

Section 59-16-10.   (A)   The General Assembly finds that:

(1)   through the use of technology South Carolina can create educational opportunities for the students of this State that may not exist without this technology; and

(2)   using technology to deliver instruction can provide effective alternatives for credit recovery, meeting graduation requirements, resolving scheduling conflicts, delivering curriculum content when there is a shortage of certified personnel, providing a more flexible and individualized instructional pace, and offering low-incidence courses.

(B)   It is the purpose of the General Assembly in this chapter to establish the South Carolina Virtual School Program to ensure consistent high quality education for the students of South Carolina utilizing technology-delivered courses.

Section 59-16-15.   (a)   The State Board of Education is authorized to establish the South Carolina Virtual School Program to provide South Carolina students access to distance, on-line, or virtual learning courses offered for an initial unit of credit. The South Carolina Virtual School Program shall offer access to credit recovery programs for students who have been identified by a school district as not having received credit for a course previously taken or for students who have been identified by a school district as not likely to receive credit for a course in which the student is currently enrolled. Students may enroll in courses for credit recovery based on policies established by the State Board of Education. The South Carolina Virtual School Program may not award a South Carolina high school diploma.

(b)   A public, private, or home school student residing in South Carolina who is twenty-one years of age or younger is eligible to enroll in the South Carolina Virtual School Program. However, public school students must be given enrollment priority. A private school or home school student enrolled in the South Carolina Virtual School Program must not be entitled to any rights, privileges, courses, activities, or services available to a public school student other than receiving an appropriate unit of credit for a completed course.

(c)   Students may be awarded a maximum of three on-line initial credits in a school year, and no more than twelve initial on-line credits throughout high school. However, the State Board of Education shall establish an appeals process whereby students may be granted a waiver to exceed the established limit.

(d)   Local school districts shall accurately transcribe a student's final numeric grade to the student's permanent record and transcript. Home school students and private school students shall receive a certified grade report indicating date, course, and final numeric grade from the South Carolina Virtual School Program or an entity approved by the State Board of Education.

(e)   Students enrolled in an on-line course for a unit of credit must be administered appropriate state assessments in a proctored environment.

(f)   It is not the responsibility of the school, district, or state to provide home computer equipment and internet access for enrollment in courses provided by the South Carolina Virtual School Program. However, nothing in this section shall prohibit a school or district from providing home computer equipment or internet access to students enrolled in the South Carolina Virtual School Program.

Section 59-16-20.   (a)   The South Carolina Virtual School Program must be housed in and managed by the State Department of Education. The department may contract for distance learning courses, develop courses, or approve courses submitted by entities.

(b)   Each course offered for a unit of credit must be reviewed for correlation with the state adopted academic standards before being offered.

(c)   All distance, on-line, or virtual learning courses offered for a unit of credit must be aligned with the state adopted academic standards, include appropriate course materials, and be approved by the State Department of Education.

(d)   Instructors must hold a valid teaching certificate in each content area being taught or receive approval from the State Department of Education to teach the course.

(e)   All virtual school teachers must receive appropriate pre-service and in-service training pertaining to the organization, classroom management, technical aspects, monitoring of student assessment, and other pertinent training from the State Department of Education.

Section 59-16-30.   As used in this chapter:

(1)   'distance learning' means the acquisition of knowledge and skills through mediated information and instruction, encompassing all technologies and other forms of learning at a distance. Distance learning includes on-line and virtual courses.

(2)   'on-line learning' means learning delivered by web-based or internet-based technologies.

(3)   'proctored' means directly monitored by an adult authorized by the South Carolina virtual school.

(4)   'virtual classroom' means the on-line learning space where students and instructors interact.

(5)   'school year' means the one hundred eighty days of student instruction required pursuant to Section 59-1-420 and student instruction received as part of a summer school program.

(6)   'credit recovery' means self-paced, semester-long courses that target learning in areas of greatest weakness, allowing nontraditional or at-risk students to rapidly complete courses, recover credits, and progress to graduation.

Section 59-16-40.   The State Board of Education shall develop guidelines and promulgate regulations to include, but must not be limited to, the following:

(1)   procedures and criteria to be used for the selection of on-line courses to be offered for a unit of credit;

(2)   qualifications and registration requirements of students who may enroll in on-line courses to include provisions outlining the enrollment of students who have been expelled from school;

(3)   procedures for private and home school students to enroll in courses offered;

(4)   teacher qualifications and the student-to-teacher ratio for on-line courses;

(5)   appropriateness and provisions for charging tuition and fees;

(6)   procedures for establishing uniform evaluation of student progress and awarding of the final grade;

(7)   process for maintaining student records and reporting and recording grades on the student's transcript;

(8)   procedures and requirements for employment, supervision, and evaluation of teachers;

(9)   procedures and requirements for supervision, monitoring, assessment, and evaluation of enrolled students; and

(10)   student expectations.

Section 59-16-50.   Through the use of an on-line pilot program, the State Department of Education shall examine the feasibility of providing services of the South Carolina Virtual School Program to students enrolled in adult education programs and shall make recommendations to the General Assembly by January 1, 2008.

Section 59-16-60.   Annually the State Board of Education shall provide the General Assembly a report that shall include, but not be limited to, the following information:

(1)   list of courses offered through the virtual school;

(2)   number of local school districts and number of the district students participating in the virtual school;

(3)   private schools and number of the private school students participating in the virtual school;

(4)   number of home school students participating in the virtual school;

(5)   success rates for students by courses enrolled in the virtual school;

(6)   number of students who dropped a course and reasons for dropping;

(7)   expenditures made for the virtual school; and

(8)   number of students unable to enroll because of space limitations.

Section 59-16-70.   At the end of each semester the State Department of Education shall provide student records, including course grades and performance on state assessments, to the Education Oversight Committee. The Education Oversight Committee shall monitor the impact of credits earned in the virtual school on the school and district ratings with particular attention to performance on end-of-course examinations and graduation rates."
SECTION   2.   Chapter 40, Title 59 of the 1976 Code is amended by adding:

"Section 59-40-65.   (a)   If the governing body of a charter school offers as part of its curriculum a program of on-line or computer instruction this information must be included in the application and the governing body shall:

(1)   provide each student enrolled in the program with a course or courses of on-line or computer instruction approved by the State Department of Education that must meet or exceed the South Carolina content and grade specific standards. Students enrolled in the program of on-line or computer instruction shall receive all instructional materials required for the student's program;

(2)   ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules, and policies of the charter school;

(3)   ensure that each course offered through the program is taught by a teacher meeting the requirements of Section 59-40-50;

(4)   ensure that a parent or legal guardian of each student verifies the number of hours of educational activities completed by the student each school year;

(5)   adopt a plan by which it will provide:

(a)   frequent, ongoing monitoring to ensure and verify that each student is participating in the program, including at least two proctored assessments per semester in core subjects graded or evaluated by the teacher, and at least bi-weekly parent-teacher conferences in person or by telephone. However, no more than twenty-five percent of the conferences may occur by telephone;

(b)   regular instructional opportunities in person to students outside the student's residence that are directly related to the school's curricular objectives, to include, but not limited to, meetings with teachers and educational field trips and outings;

(c)   verification of ongoing student attendance in the program; and

(d)   verification of ongoing student progress and performance in each course as documented by ongoing assessments and examples of student coursework; and

(6)   administer to all students in a proctored setting all applicable assessments as required by the South Carolina Education Accountability Act.

(b)   Nothing in this section shall prohibit a charter school that provides a program of on-line or computer instruction from reimbursing families of enrolled students for costs associated with their internet connection for use in the program.

(c)   A charter school shall provide no more than seventy-five percent of a student's core academic instruction in kindergarten through twelfth grade via an on-line or computer instruction program. The twenty-five percent of the student's core academic instruction may be met through the regular instructional opportunities outlined in subitem (a)(5)(b).

(d)   Charter school students may enroll in the South Carolina Virtual School Program pursuant to program requirements."
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. WHITMIRE explained the amendment.

Reps. DUNCAN, MERRILL, HINSON, R. BROWN, HAYES, WHITMIRE, WALKER, THOMPSON, J. H. NEAL, LOFTIS and PARKS requested debate on the Bill.

The following Bill was taken up:

H. 3162 (Word version) -- Reps. Walker, Cotty, Bales, Govan and Scott: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO ESTABLISH THE SOUTH CAROLINA TEACHER LOAN PROGRAM POLICY BOARD OF GOVERNANCE AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

"The Commission on Higher Education shall establish, appoint, and maintain the South Carolina Teacher Loan Program Policy Board of Governance. The board must be composed of one member representing each of the following:

(1)   Commission on Higher Education;

(2)   State Board of Education;

(3)   Education Oversight Committee;

(4)   Center for Educator Recruitment, Retention, and Advancement of South Carolina;

(5)   South Carolina Student Loan Corporation;

(6)   South Carolina Association of Student Financial Aid Administrators;

(7)   A local school district human resources officer;

(8)   A public college or university with an approved teacher preparation program; and

(9)   A private college or university with an approved teacher preparation program.
The members of the board representing the public and private colleges or universities shall rotate among those institutions and shall serve a two-year term on the board. Initial appointments must be made by July 1, 2007, at which time the member representing the Commission on Higher Education shall call the first meeting. At the initial meeting a chairman and vice chairman must be elected by a majority vote of the board. The board must be staffed by the Commission on Higher Education and shall meet at least twice annually. The board's responsibilities shall include, but not be limited to:

(i)     establish goals for the Teacher Loan Program;

(ii)   facilitate communication among the cooperating agencies;

(iii)   advocate for the Teacher Loan Program participants; and

(iv)   market the Teacher Loan Program."

Rep. SKELTON explained the amendment.

Reps. MERRILL, HINSON, UMPHLETT, THOMPSON, SKELTON, KIRSH, CRAWFORD, BEDINGFIELD, D. C. SMITH and DAVENPORT requested debate on the Bill.

The following Bill was taken up:

H. 3116 (Word version) -- Reps. W. D. Smith, Cooper and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 14 SO AS TO CREATE THE COURT APPOINTMENT DEFERRAL FUND TO BE MAINTAINED BY THE SUPREME COURT IN ACCORDANCE WITH THE PROCEDURE FOR SUBMISSION OF RULES GOVERNING PRACTICE AND PROCEDURE.

Rep. TALLEY 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 Bill was taken up:

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 LOBBYING AND CAMPAIGN PRACTICES, SO AS TO ADD THE DEFINITION OF "FRESHMAN LEGISLATORS" AND TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A

Rep. DELLENEY explained the Bill.

Rep. FUNDERBURK 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 Bill was taken up, read the second time, and ordered to a third reading:

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

The following Bill was taken up:

H. 3267 (Word version) -- Reps. G. M. Smith, Cotty, Delleney, McLeod, Simrill and Weeks: 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.

Rep. SCOTT 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 Bill was taken up:

H. 3199 (Word version) -- Reps. G. M. Smith, Hagood, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES, TO ESTABLISH PENALTIES FOR EACH OFFENSE, TO REQUIRE THE POSTING OF A WARNING SIGN ON ATMS AND SIMILAR DEVICES, AND TO PROVIDE EXCEPTIONS; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.

Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7159AHB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 16-11-380 in its entirety, as contained in SECTION 2, beginning on page 1, beginning on line 33, and inserting:
/   "Section 16-11-380.   (A)   It is unlawful for a person to enter a building or part of a building occupied as a bank, depository, or building and loan association with intent to steal money or, securities for money, or property, either by force, intimidation, or threats.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.

(B)   It is unlawful for a person to steal money, securities for money, or property, either by force, intimidation, or threats, from a person who is using or who has just finished using a bank night depository, an automated teller machine (ATM), or another automated

(C)   It is unlawful for a person to beg, panhandle, or solicit money:

(1)   from a person using or who has just finished using a bank night depository, an ATM, or another automated banking device; or

(2)   in the vicinity of a bank night depository, an ATM, or another automated banking device.

(D)   A person who violates the provisions of:

(1)   subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years;

(2)   subsection (B) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than twenty years, or both; and

(3)   subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

(E)   A separate location code, premise code, or designation for a bank night depository, an ATM, or other automated banking device offense must be added to the South Carolina Incident Based Reporting System. Law enforcement personnel are required to use this location code, premise code, or designation when completing incident reports for all criminal activity occurring at or in the vicinity of a bank night depository, an ATM, or another automated banking device in accordance with the provisions of this section.

(F)   To the extent that this section applies to bank night depositories, ATMs, and other automated banking devices, it applies only to these devices which are not located in a building or structure and those to which banking customers have access when they are outside a building or structure. A building or structure does not include an enclosure erected solely for the purpose of containing an otherwise outdoor or detached ATM or automated banking device. However, the provisions of this section do apply to drive-through banking terminals.

(G)   As used in this section, 'vicinity' means within the sight of a reasonable person." /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

The following Bill was taken up:

H. 3334 (Word version) -- Reps. R. Brown, Scott, Whipper, Breeland, Cobb-Hunter, Hart, Hosey and Alexander: A BILL TO AMEND SECTION 40-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF BARBERS, INCLUDING THE DEFINITION FOR "HAIR BRAIDING", SO AS TO PROVIDE THAT THIS TERM INCLUDES THE USE OF HAIR EXTENSIONS.

Rep. MAHAFFEY explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. Mahaffey having the floor.

On motion of Rep. COOPER, 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. 3348 (Word version) -- Reps. Stavrinakis, Bales, Bedingfield, Bowen, Brantley, R. Brown, Chellis, Crawford, Delleney, Gambrell, Gullick, Harrell, Hinson, Lowe, Merrill, Mulvaney, Neilson, G. M. Smith, Thompson, Young and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CLASSROOM PRIORITY ACT", BY ADDING SECTION 59-17-160 SO AS TO PROVIDE THAT AT LEAST SIXTY-FIVE PERCENT OF THE EDUCATION OPERATIONAL EXPENDITURES OF EACH SCHOOL DISTRICT MUST BE USED FOR CLASSROOM INSTRUCTIONAL EXPENDITURES, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL SUBMIT ITS PROPOSED BUDGET TO THE STATE SUPERINTENDENT OF EDUCATION WITH THE ACTUAL PERCENTAGE OF ITS EDUCATION OPERATIONAL EXPENDITURES USED FOR

The following Concurrent Resolution was taken up:

H. 3265 (Word version) -- Reps. Sellers, Scott, McLeod, Hart, Rutherford, R. Brown and Govan: 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.

Whereas, the Honorable James E. Clyburn, member of the United States House of Representatives from the Sixth Congressional District of South Carolina has served with distinction in that high office since 1993; and

Whereas, Representative Clyburn has been elected Majority Whip of the House of Representatives for the 110th Congress, the third position in leadership of the United States House of Representatives after the Speaker of the House and majority leader; and

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

That the members of the General Assembly invite 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.

Be it further resolved that a copy of this resolution be forwarded to the Honorable James E. Clyburn, Majority Whip, United States House of Representatives, Washington, D.C. 20515-4002.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

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.

Rep. LEACH moved to adjourn debate on the Resolution until Tuesday, February 13, which was agreed to.

The following Concurrent Resolution was taken up:

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.

Whereas, on August 28, 2007, the United Parcel Service (UPS) will celebrate its one hundredth anniversary; and

Whereas, the corporation has served South Carolina since February 1967 and today employs over 5,700 South Carolinians and operates 36 facilities across the state; and

Whereas, UPS executes many large operations from South Carolina locations, including its southeast regional air operation from the Columbia airport, its brokerage operation in Aiken, its regional call and sales center in Greenville, and its corporate billing/cash on delivery site in Columbia; and

Whereas, each day, over 90,000 businesses and citizens of South Carolina utilize the express delivery and specialized transportation and logistics services offered by UPS; and

Whereas, connecting people, communities, and businesses, UPS delivers more than 195,000 packages each day to customers across South Carolina; and

Whereas, the expansive transportation network synchronizes global commerce by providing services to connect South Carolina to more than 200 foreign countries; and

Whereas, UPS has contributed more than 1.9 million dollars to philanthropic endeavors in the state of South Carolina since 1995, reflecting the company's emphasis on community service and citizenship; and

Whereas, UPS will undoubtedly continue to have a strong impact on the South Carolina economy and will continue to grow in importance

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commemorate the centennial anniversary of the United Parcel Service of America and recognize its many lasting contributions to the state of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the United Parcel Service.

The Concurrent Resolution was adopted and sent to the Senate.

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

The following was introduced:

H. 3489 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO HONOR AND COMMEND AUSTIN AND SALLY BROWN OF CAMDEN FOR THEIR DECADES OF SELFLESS EFFORT AND ONGOING COMMITMENT TO THE CITY OF CAMDEN AND KERSHAW COUNTY, RESULTING IN IMMEASURABLE CONTRIBUTIONS TO THE BETTERMENT OF LIFE FOR ALL WHO LIVE THERE, AND TO WISH THEM MUCH HAPPINESS AND SUCCESS IN ALL THEIR FUTURE ENDEAVORS.

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

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

H. 3490 (Word version) -- Reps. G. M. Smith, E. H. Pitts, Delleney, Harrison, Hart, Lucas, Rutherford, Sandifer, Stavrinakis, Thompson, Weeks and

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. Mahaffey having the floor:

H. 3334 (Word version) -- Reps. R. Brown, Scott, Whipper, Breeland, Cobb-Hunter, Hart, Hosey and Alexander: A BILL TO AMEND SECTION 40-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF BARBERS, INCLUDING THE DEFINITION FOR "HAIR BRAIDING", SO AS TO PROVIDE THAT THIS TERM INCLUDES THE USE OF HAIR EXTENSIONS.

Rep. MAHAFFEY continued speaking.

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

On motion of Rep. SCOTT, with unanimous consent, it was ordered that H. 3334 (Word version) be read the third time tomorrow.

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

Rep. WHITMIRE moved to adjourn debate upon the following Bill until Tuesday, February 13, which was adopted:

H. 3097 (Word version) -- Reps. Rice, Walker, G. R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens and D. C. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ON-LINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.

The following Bill was taken up:

H. 3162 (Word version) -- Reps. Walker, Cotty, Bales, Govan and Scott: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO ESTABLISH THE SOUTH CAROLINA TEACHER LOAN PROGRAM POLICY BOARD OF GOVERNANCE AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

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

The Senate returned to the House with concurrence the following:

H. 3251 (Word version) -- Reps. Walker, Davenport, Littlejohn, Mahaffey, Mitchell, Kelly, W. D. Smith and Talley: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 221 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH MANNING STREET TO ITS INTERSECTION WITH THOMPSON STREET "LIEUTENANT COLONEL HOWARD L. PAINTER BOULEVARD, CHESNEE HIGH SCHOOL PRINCIPAL FROM 1957 TO 1980", AND TO ERECT APPROPRIATE SIGNS AT THIS LOCATION THAT CONTAIN THE SAME WORDS.

H. 3432 (Word version) -- Reps. Walker and Skelton: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-FOUR SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2007 ALL-STATE ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.

H. 3443 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO HONOR PROFESSOR CHARLES DAVID BROOKS III OF RICHLAND COUNTY FOR HIS OUTSTANDING ACCOMPLISHMENTS IN THE FIELDS OF EDUCATION AND THEATRE AND FOR HIS DEDICATED SERVICE TO THE BUTLER HERITAGE FOUNDATION AND TO THE STATE OF SOUTH CAROLINA.

H. 3444 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO HONOR DR. LUNS C. RICHARDSON OF SUMTER COUNTY FOR HIS OUTSTANDING ACCOMPLISHMENTS IN THE FIELD OF

H. 3445 (Word version) -- Reps. Huggins, Bowen, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 6, 2007, AS "SOUTH CAROLINA REALTOR DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.

H. 3454 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ORLANDO HUDSON, A NATIVE OF DARLINGTON COUNTY, FOR HIS OUTSTANDING SPORTS ACHIEVEMENTS IN THE FIELD OF BASEBALL.

At 11:20 a.m. the House, in accordance with the motion of Rep. SELLERS, adjourned in memory of the three students who were killed on February 8, 1968 in the Orangeburg Massacre, Henry Smith, Samuel Hammond, and Delano Middleton, to meet at 10:00 a.m. tomorrow.

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