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 Joshua 24:24: "And the people said to Joshua, we will serve the Lord our God and obey Him."
Let us pray. O Lord our God, we praise You for Your constant love, shown to us daily in what You provide us. Put into our hearts and minds to serve You in this House as we serve Your people. Guide each in our serving. Bless our Nation, President, State, Governor, Speaker and each of these people of Yours as we strive to serve and do the right things. 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. LITTLEJOHN moved that when the House adjourns, it adjourn in memory of John Arthur Fowler of Converse, which was agreed to.

The following was introduced:

H. 3531 (Word version) -- Reps. Duncan and Harrell: A HOUSE RESOLUTION TO CREATE A COMMITTEE TO STUDY HOW BEST TO ALLOW THE STATE'S PORTION OF EDUCATIONAL FUNDING TO FLOW DOWN TO THE SCHOOLS IN A WEIGHTED PUPIL FORMULA OR "BACKPACKING" WITH THE CHILD, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE THAT IT SHALL RENDER ITS REPORT AND

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

H. 3532 (Word version) -- Rep. F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-329 SO AS TO REQUIRE A HEALTH CARE FACILITY TO OBTAIN A PATIENT'S INFORMED, WRITTEN CONSENT BEFORE ANY INVASIVE PROCEDURE IS PERFORMED ON THE PATIENT AND TO ALSO REQUIRE THE PHYSICIAN PERFORMING THE PROCEDURE TO OBTAIN SUCH CONSENT IF THE PHYSICIAN IS AN INDEPENDENT CONTRACTOR.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3533 (Word version) -- Reps. Talley, Kelly and Bannister: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO DETERMINE THE FEASIBILITY OF ESTABLISHING WIND ENERGY PRODUCTION FARMS IN SOUTH CAROLINA, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2008, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3538 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-105 SO AS TO AUTHORIZE THE GOVERNING BODY OF A MUNICIPALITY TO ANNEX AN AREA BY ORDINANCE IF THE AREA IS COMPLETELY SURROUNDED BY THE MUNICIPALITY; AND TO AMEND SECTION 5-3-305, RELATING TO THE DEFINITION OF CONTIGUOUS PROPERTY FOR PURPOSES OF ANNEXATION OF PROPERTY BY A MUNICIPALITY, SO AS TO DELETE CERTAIN

H. 3539 (Word version) -- Reps. Scott, Govan and Hart: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT A QUALIFIED ELECTOR MEETING CERTAIN REQUIREMENTS MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT BY MAIL, AND THAT ANY QUALIFIED ELECTOR MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT IN ANY ELECTION IN WHICH HE IS ENTITLED TO VOTE FOR ANY REASON IF THE QUALIFIED ELECTOR APPEARS IN PERSON TO CAST AN ABSENTEE BALLOT AS PROVIDED BY LAW.
Referred to Committee on Judiciary

H. 3540 (Word version) -- Rep. Scott: A BILL TO AMEND SECTIONS 7-15-220, 7-15-380, AS AMENDED, 7-15-385, AS AMENDED, AND 7-15-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE SIGNATURE OR MARK OF AN ABSENTEE APPLICANT BE WITNESSED.
Referred to Committee on Judiciary

H. 3541 (Word version) -- Reps. Scott, Govan and Hart: A BILL TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAY, SO AS TO ESTABLISH GENERAL ELECTION DAY AS A STATE HOLIDAY.
Referred to Committee on Judiciary

H. 3543 (Word version) -- Rep. Funderburk: A BILL TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A

H. 3544 (Word version) -- Reps. Dantzler, Umphlett, McLeod, Bedingfield, Bowers, Harrell, Jefferson, E. H. Pitts, G. R. Smith and Williams: A BILL TO AMEND SECTION 12-37-224, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ON MOTOR HOMES, SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF A MOTOR HOME SUBJECT TO PROPERTY TAX AS A PRIMARY OR SECOND RESIDENCE, THE MOTOR HOME MUST BE VALUED IN THE MANNER THAT MOTOR VEHICLES ARE VALUED FOR PROPERTY TAX PURPOSES.
Referred to Committee on Ways and Means

S. 40 (Word version) -- Senators Ford, Knotts and Jackson: A BILL TO AMEND SECTION 2-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO MAKE A TECHNICAL CHANGE AND PROVIDE THAT NO MEMBER IS ELIGIBLE TO SEEK JUDICIAL OFFICE WHILE SERVING ON THE COMMISSION AND FOR ONE YEAR THEREAFTER; TO AMEND SECTION 2-19-20, AS AMENDED, RELATING TO THE RESPONSIBILITY OF THE COMMISSION TO INVESTIGATE THE QUALIFICATIONS OF CANDIDATES AND TO PUBLICIZE VACANCIES IN JUDICIAL OFFICES, SO AS TO MAKE TECHNICAL CHANGES TO CLARIFY THAT PERSONS DO NOT SEEK TO BE NOMINATED BY THE COMMISSION BUT, RATHER, SEEK JUDICIAL OFFICE; TO AMEND SECTION 2-19-30, AS AMENDED, BY ADDING A PROVISION THAT, WHEN THE COMMISSION FINDS A CANDIDATE UNQUALIFIED, THE CANDIDATE MUST BE FURNISHED A COPY OF THE COMMISSION'S REPORT CONCERNING HIS QUALIFICATIONS, AND TO PROVIDE FURTHER THAT THE REPORT MUST BE KEPT CONFIDENTIAL; TO AMEND SECTION 2-19-35, AS AMENDED, RELATING TO THE CRITERIA CONSIDERED BY THE COMMISSION IN DETERMINING THE QUALIFICATIONS

S. 59 (Word version) -- Senators Ford and Knotts: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT A QUALIFIED ELECTOR MEETING CERTAIN REQUIREMENTS MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT BY MAIL, AND THAT ANY QUALIFIED ELECTOR MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT IN ANY ELECTION IN WHICH HE IS ENTITLED TO VOTE FOR ANY REASON IF THE QUALIFIED ELECTOR APPEARS IN PERSON TO CAST AN ABSENTEE BALLOT AS PROVIDED BY LAW.
Referred to Committee on Judiciary

The following was introduced:

H. 3534 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF CECILIA S.

The Resolution was adopted.

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

H. 3535 (Word version) -- Reps. J. E. Smith and Harrison: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HAND MIDDLE SCHOOL MOCK TRIAL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF COMMENDING THEM ON THEIR FIRST-PLACE FINISH IN THE 2006 SOUTH CAROLINA BAR LAW RELATED EDUCATION STATE MIDDLE SCHOOL MOCK TRIAL COMPETITION.

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 Hand Middle School mock trial team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of commending them on their first-place finish in the 2006 South Carolina Bar Law Related Education State Middle School Mock Trial Competition.

The Resolution was adopted.

The following was introduced:

H. 3536 (Word version) -- Reps. J. E. Smith and Harrison: A HOUSE RESOLUTION TO CONGRATULATE THE HAND MIDDLE SCHOOL MOCK TRIAL TEAM ON ITS FIRST-PLACE FINISH IN THE 2006 SOUTH CAROLINA BAR LAW RELATED EDUCATION STATE MIDDLE SCHOOL MOCK TRIAL COMPETITION.

The Resolution was adopted.

The following was introduced:

H. 3537 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO CONVEY THE PROFOUND SORROW OF THE HOUSE OF REPRESENTATIVES UPON THE PASSING OF CLYDE PEARSON OF SPARTANBURG COUNTY AND TO EXPRESS DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

The following was introduced:

H. 3542 (Word version) -- Reps. Anderson, Agnew, Alexander, Allen, 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, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR BISHOP JOHN HURST ADAMS AND DOLLIE D. ADAMS FOR THEIR MANY AND VARIED CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA, TO CONGRATULATE THEM ON REACHING THEIR FIFTIETH WEDDING ANNIVERSARY, CELEBRATED AUGUST 2006, AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT.

The Resolution was adopted.

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Crawford               Dantzler
Delleney               Duncan                 Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Hayes                  Herbkersman            Hinson
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kelly                  Kirsh
Knight                 Leach                  Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. M. Neal
Neilson                Ott                    Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Shoopman
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Vick
Walker                 Weeks                  White
Whitmire               Williams               Witherspoon
Young

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

Creighton Coleman                 Bill Cotty
Bakari Sellers                    H. B. "Chip" Limehouse
Ralph Davenport                   Gloria Haskins
Joseph Neal                       Gary Simrill
Tracy Edge                        Todd Rutherford
Thad Viers

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

Announcement was made that Dr. Gerald Wilson of Columbia is the Doctor of the Day for the General Assembly.

Reps. MCLEOD, HUGGINS and BALLENTINE presented to the House the Chapin High School Varsity Cheerleading Team, the 2006 AAA Champions, their coaches and other school officials.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3121 (Word version)
Date:   ADD:
02/15/07   HAGOOD

Bill Number:   H. 3121 (Word version)
Date:   ADD:
02/15/07   STAVRINAKIS

Bill Number:   H. 3122 (Word version)
Date:   ADD:
02/15/07   HAGOOD

Bill Number:   H. 3122 (Word version)
Date:   ADD:
02/15/07   STAVRINAKIS

Bill Number:   H. 3123 (Word version)
Date:   ADD:
02/15/07   HAGOOD

Bill Number:   H. 3123 (Word version)
Date:   ADD:
02/15/07   STAVRINAKIS

Bill Number:   H. 3125 (Word version)
Date:   ADD:
02/15/07   HAGOOD

Bill Number:   H. 3125 (Word version)
Date:   ADD:
02/15/07   STAVRINAKIS

Bill Number:   H. 3126 (Word version)
Date:   ADD:
02/15/07   HAGOOD

Bill Number:   H. 3126 (Word version)
Date:   ADD:
02/15/07   STAVRINAKIS

Bill Number:   H. 3127 (Word version)
Date:   ADD:
02/15/07   HAGOOD

Bill Number:   H. 3127 (Word version)
Date:   ADD:
02/15/07   STAVRINAKIS

Bill Number:   H. 3128 (Word version)
Date:   ADD:
02/15/07   HAGOOD

Bill Number:   H. 3138 (Word version)
Date:   ADD:
02/15/07   HAGOOD

Bill Number:   H. 3034 (Word version)
Date:   ADD:
02/15/07   HAGOOD

Bill Number:   H. 3376 (Word version)
Date:   ADD:
02/15/07   HAGOOD

Bill Number:   H. 3390 (Word version)
Date:   ADD:
02/15/07   FUNDERBURK

Bill Number:   H. 3468 (Word version)
Date:   ADD:
02/15/07   BANNISTER

Bill Number:   H. 3396 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3136 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3137 (Word version)
Date:   ADD:
02/15/07   WEEKS

Bill Number:   H. 3146 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3148 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3149 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3154 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3157 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3159 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3169 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3171 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3173 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3212 (Word version)
Date:   ADD:
02/15/07   WEEKS

Bill Number:   H. 3284 (Word version)
Date:   ADD:
02/15/07   TALLEY

Bill Number:   H. 3295 (Word version)
Date:   ADD:
02/15/07   CLEMMONS

Bill Number:   H. 3295 (Word version)
Date:   ADD:
02/15/07   VIERS

Bill Number:   H. 3425 (Word version)
Date:   ADD:
02/15/07   WEEKS

Bill Number:   H. 3427 (Word version)
Date:   ADD:
02/15/07   WEEKS

Bill Number:   H. 3453 (Word version)
Date:   ADD:
02/15/07   WEEKS

Bill Number:   H. 3478 (Word version)
Date:   ADD:
02/15/07   WEEKS

Bill Number:   H. 3487 (Word version)
Date:   ADD:
02/15/07   WEEKS

Bill Number:   H. 3493 (Word version)
Date:   ADD:
02/15/07   HALEY

Bill Number:   H. 3493 (Word version)
Date:   ADD:
02/15/07   BALLENTINE

Bill Number:   H. 3499 (Word version)
Date:   ADD:
02/15/07   HIOTT

Bill Number:   H. 3499 (Word version)
Date:   ADD:
02/15/07   SKELTON

Bill Number:   H. 3294 (Word version)
Date:   REMOVE:
02/15/07   SKELTON

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

H. 3492 (Word version) -- Rep. Anthony: A BILL TO REPEAL SECTION 12 OF ACT 79 OF 1955 AND SECTION 1 OF ACT 301 OF 1971, BOTH PREVIOUSLY CODIFIED AS PART OF SECTION 21-4172, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE OPERATION OF THE SCHOOL DISTRICT OF UNION COUNTY AND THE DETERMINATION OF THE RECOMMENDATIONS OF ITS BOARD OF TRUSTEES AND THE PROHIBITION OF CLOSING A HIGH SCHOOL IN UNION COUNTY WITHOUT A UNANIMOUS VOTE OF ITS TRUSTEES.

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, Herbkersman, Hinson, Leach, Littlejohn, Limehouse, Loftis, Lowe, Lucas, Mahaffey, Owens, Perry, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith,

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

H. 3030 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, D. C. Smith, Spires and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-15 SO AS TO

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

The following Bill was taken up:

H. 3295 (Word version) -- Reps. G. R. Smith, Harrell, Cooper, Ballentine, Huggins, Merrill, Chellis, Bannister, Stewart, G. M. Smith, Hardwick, 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, Young, Owens, Talley, Lowe, Sandifer, Frye, Loftis, Hinson, Clemmons and Viers: 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.

(i)   infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;

(ii)   school buildings;

(iii)   school buses;

(iv)   expenses incurred by this State as a result of natural or other disasters declared by the President of the United States; and

(v)   temporary tax reductions. /
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.
Rep. MCLEOD spoke in favor of the amendment.
Rep. MERRILL spoke against the amendment.

Rep. MERRILL moved to table the amendment.

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

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Ceips
Chellis                Clemmons               Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Frye
Gambrell               Gullick                Hagood
Haley                  Hamilton               Hardwick

Harrell                Harrison               Haskins
Herbkersman            Hinson                 Hiott
Kelly                  Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mahaffey
Merrill                Moss                   Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Shoopman
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stewart
Talley                 Taylor                 Thompson
Toole                  Viers                  Walker
White                  Whitmire               Witherspoon
Young

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Branham
Brantley               Breeland               G. Brown
Clyburn                Cobb-Hunter            Funderburk
Govan                  Hart                   Harvin
Hayes                  Hodges                 Hosey
Jefferson              Jennings               Knight
Mack                   McLeod                 Miller
Mitchell               Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rutherford             Scott
F. N. Smith            Stavrinakis            Vick
Weeks                  Williams

So, the amendment was tabled.

Reps. MERRILL, G. R. SMITH and HARRELL proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\ 11291AHB07), which was adopted:

(i)     temporary tax reductions;

(ii)   infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;

(iii)   school buildings;

(iv)   school buses; and

(v)   expenses incurred by this State as a result of natural or other disasters declared by the President of the United States./
Renumber sections to conform.
Amend title to conform.

Rep. MERRILL explained the amendment.

The question then recurred to the adoption of the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Ceips
Chellis                Clemmons               Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Edge
Frye                   Gambrell               Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Hiott
Kelly                  Kirsh                  Leach
Limehouse              Littlejohn             Loftis

Lowe                   Lucas                  Mahaffey
Merrill                Moss                   Mulvaney
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Viers                  Walker
White                  Whitmire               Witherspoon
Young

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Funderburk             Govan                  Hamilton
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Jefferson              Jennings               Knight
Mack                   McLeod                 Miller
Mitchell               J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Scott                  Sellers
F. N. Smith            Vick                   Weeks
Williams

So, the amendment was adopted.

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

On motion of Rep. G. R. SMITH, with unanimous consent, it was ordered that H. 3295 (Word version) be read the third time tomorrow.

Rep. RICE moved to adjourn debate upon the following Bill until Thursday, March 1, which was adopted:

H. 3507 (Word version) -- Reps. Rice, Allen, Cato, Hamilton, Leach, Loftis and J. R. Smith: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE GREATER GREENVILLE SEWER DISTRICT (CURRENTLY WESTERN CAROLINA SEWER AUTHORITY), SO AS TO INCREASE THE MEMBERSHIP OF THE AUTHORITY BY ADDING THE CHAIRMEN OF CERTAIN ENTITIES SERVICED BY THE AUTHORITY AS EX OFFICIO VOTING MEMBERS.

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

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, Dantzler and Viers: 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, 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".

Rep. SANDIFER explained the Bill.

On motion of Rep. SANDIFER, with unanimous consent, it was ordered that H. 3396 (Word version) be read the third time tomorrow.

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

Rep. RICE moved to adjourn debate upon the following Bill until Tuesday, February 20, which was adopted:

H. 3097 (Word version) -- Reps. Rice, Walker, G. R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D. C. Smith and Bedingfield: 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.

Rep. YOUNG moved to adjourn debate upon the following Bill until Tuesday, February 20, which was adopted:

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

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

H. 3545 (Word version) -- Reps. Witherspoon, Hosey, Perry, Davenport, Cato, Stewart, J. R. Smith, D. C. Smith, G. R. Smith, Littlejohn, Loftis, Hardwick, Edge, Barfield, M. A. Pitts, Hiott, Sandifer, Gullick, Hamilton, Rutherford, Clyburn, Clemmons, F. N. Smith, Viers, Alexander, Branham, Breeland, Hayes, Rice and Weeks: A BILL TO AMEND SECTION 48-46-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUME LIMITATIONS ON THE DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE, SO AS TO ESTABLISH A TOTAL VOLUME LIMIT OF FORTY THOUSAND CUBIC FEET INCLUDING NONREGIONAL WASTE FOR FISCAL YEAR 2008 THROUGH FISCAL YEAR 2023; AND TO AMEND SECTION 48-46-50, RELATING TO VOTING BY SOUTH CAROLINA COMMISSIONERS OR ALTERNATE COMMISSIONERS TO THE ATLANTIC COMPACT COMMISSION, SO AS TO DIRECT THE COMMISSIONERS AND ALTERNATE COMMISSIONERS TO

H. 3546 (Word version) -- Reps. J. H. Neal, Whipper, Anderson, Cobb-Hunter, Hosey, Mack and Parks: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF SUFFRAGE, BY ADDING SECTION 12 SO AS TO AUTHORIZE A PROCEDURE BY WHICH A CANDIDATE FOR ELECTIVE OFFICE MAY FINANCE HIS CAMPAIGN WITH PUBLIC FUNDS AS THE GENERAL ASSEMBLY MAY DETERMINE.
Referred to Committee on Judiciary

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

The Senate returned to the House with concurrence the following:

H. 3491 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE TOWN OF LAKE VIEW ON THE OCCASION OF ITS CENTENNIAL CELEBRATION.

H. 3498 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE PICKENS HIGH SCHOOL "LADY FLAME" VOLLEYBALL TEAM ON ITS IMPRESSIVE WIN OF THE 2006 CLASS AAA STATE VOLLEYBALL CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND COACH JENNIFER GRAVELY ON AN OUTSTANDING SEASON.

H. 3501 (Word version) -- Reps. Limehouse, 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,

H. 3502 (Word version) -- Reps. G. R. Smith, Allen, Bannister, Bedingfield, Hamilton, Leach, Shoopman and Taylor: A CONCURRENT RESOLUTION TO RECOGNIZE BOB SHUMAKER OF GREENVILLE, AUTHOR OF THE SCHMOONEY TRILOGIES, A CHILDREN'S BOOK SERIES IN WHICH THE ENDEARING MAIN CHARACTER "THE SCHMOONEY" TAKES CHILDREN ON WONDERFUL ADVENTURES AND TO COMMEND HIM FOR HIS DEDICATION TO HELPING IMPROVE READING SKILLS AND LITERACY ACROSS THE STATE AND TO DECLARE THE SCHMOONEY THE HONORARY MASCOT FOR LITERACY IN SOUTH CAROLINA FOR 2007-2008.

At 11:20 a.m. the House, in accordance with the motion of Rep. LITTLEJOHN, adjourned in memory of John Arthur Fowler of Converse, to meet at 10:00 a.m. tomorrow.

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