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 Exodus 24:12: "The Lord said to Moses, I will give you the tablets of stone, with the law and commandments, which I have written for their instruction."
Let us pray. Almighty God, as You gave Moses instructions on how Your people should live, may our example be to feed the hungry, give aid to the poor, and work for peace. In this complex world, we have trouble discerning how we are to carry out Your instructions. As we struggle together for answers, give us Your aid, lend us Your hand. Give these Representatives and staff the ability to do Your will. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us as we pray. 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. UMPHLETT moved that when the House adjourns, it adjourn in memory of Darrell Thornley of Moncks Corner, which was agreed to.

The following was received from the Senate:

Columbia, S.C., March 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 360:

Very respectfully,
President

Whereupon, the Chair appointed Reps. LOFTIS, HAGOOD and AGNEW to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received from the Senate:

Columbia, S.C., March 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3496:

H. 3496 (Word version) -- Reps. G. M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G. R. Smith, F. N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D. C. Smith, J. R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS WITH REGARD TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERMS "OPERATOR", "MOTOR VEHICLE", AND "DRIVER"; TO

Very respectfully,
President

On motion of Rep. HAGOOD, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. G. M. SMITH, TALLEY and WEEKS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

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

H. 4804 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor and Anthony: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE ENOREE RIVER ALONG SOUTH CAROLINA HIGHWAY 56 IN LAURENS AND UNION COUNTIES "THE BATTLE OF MUSGROVE'S MILL MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE BATTLE OF MUSGROVE'S MILL MEMORIAL BRIDGE".
Ordered for consideration tomorrow.

The following was taken up for immediate consideration:

H. 4822 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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 REQUEST MARK SANFORD, GOVERNOR OF SOUTH CAROLINA, ACTING WITH OR THROUGH APPROPRIATE EXECUTIVE BRANCH AGENCIES, TO APPLY FOR AN EXTENSION OF THE DEADLINE TO COMPLY WITH THE FEDERAL REAL ID ACT BEFORE THE DEADLINE OF MARCH 31, 2008, WHICH WILL ALLOW SOUTH CAROLINA TO ANALYZE THE IMPACT OF THE REAL ID ACT BUT WHICH WILL NOT REQUIRE SOUTH CAROLINA TO DECLARE ITS INTENT TO COMPLY WITH THIS ACT THEREBY ALLOWING THE STATE'S CURRENT CREDENTIALS TO BE RECOGNIZED AND ACCEPTED DURING THE EXTENSION PERIOD BY THE FEDERAL GOVERNMENT AND THE DEPARTMENT OF HOMELAND SECURITY.

Whereas, the Real ID Act passed by Congress in 2005 mandates standards for the issuance of driver's licenses and identification cards; and

Whereas, the act also mandates that the Department of Homeland Security issue rules for implementation. The Department of Homeland Security released preliminary rules last year and final rules on January 29, 2008; and

Whereas, the final rules allow for a staggered implementation of the requirements by allowing states a number of deadlines until final implementation in 2017. The first deadline addressed in the final rules allows states to request extensions from the Department of Homeland Security to analyze the impact of the act, but does not require states to declare intent to comply with the act; and

Whereas, citizens in states that do not file a request for extension will not be allowed to use their state-issued credentials to board planes, enter federal buildings, or enter nuclear facilities as of May 11, 2008. Instead they will be required to use some other acceptable identification document such as a passport; and

Whereas, currently all states except for Maine, New Hampshire, Delaware, South Carolina, Oklahoma, and Montana have requested and received approval for extensions; and

Whereas, it is therefore incumbent upon the Governor of the State of South Carolina, acting with or through whatever executive branch agencies he deems appropriate, to request such an extension immediately so that the March 31, 2008, deadline to apply will not pass without South Carolina being among these states whose citizens are not inconvenienced by these final rules of the Department of Homeland Security. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives request Mark Sanford, Governor of South Carolina, acting with or through appropriate executive branch agencies, to apply for an extension of the deadline to comply with the federal Real ID Act before the deadline of March 31, 2008, which will allow South Carolina to

Be it further resolved that a copy of this resolution be forwarded to Mark Sanford, Governor of South Carolina.

The Resolution was adopted.

The following was taken up for immediate consideration:

H. 4823 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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 REQUEST MARK SANFORD, GOVERNOR OF SOUTH CAROLINA, ACTING WITH OR THROUGH APPROPRIATE EXECUTIVE BRANCH AGENCIES, TO APPLY FOR AN EXTENSION OF THE DEADLINE TO COMPLY WITH THE FEDERAL REAL ID ACT BEFORE THE DEADLINE OF MARCH 31, 2008, WHICH WILL ALLOW SOUTH CAROLINA TO ANALYZE THE IMPACT OF THE REAL ID ACT BUT WHICH WILL NOT REQUIRE SOUTH CAROLINA TO DECLARE ITS INTENT TO COMPLY WITH THIS ACT THEREBY ALLOWING

Whereas, the Real ID Act passed by Congress in 2005 mandates standards for the issuance of driver's licenses and identification cards; and

Whereas, a state may choose not to implement the program, but that state's credentials may not be used to board a plane, enter a federal building, or enter a nuclear facility after May 11, 2008; and

Whereas, the act also mandates that the Department of Homeland Security issue rules for implementation. The Department of Homeland Security released preliminary rules last year and final rules on January 29, 2008; and

Whereas, the final rules allow for a staggered implementation of the requirements by allowing states a number of deadlines until final implementation in 2017. The first deadline addressed in the final rules allows states to request extensions from the Department of Homeland Security to analyze the impact of the act, but does not require states to declare intent to comply with the act; and

Whereas, citizens in states that do not file a request for extension will not be allowed to use their state-issued credentials to board planes, enter federal buildings, or enter nuclear facilities as of May 11, 2008. Instead they will be required to use some other acceptable identification document such as a passport; and

Whereas, currently all states except for Maine, New Hampshire, Delaware, South Carolina, Oklahoma, and Montana have requested and received approval for extensions; and

Whereas, it is therefore incumbent upon the Governor of the State of South Carolina, acting with or through whatever executive branch agencies he deems appropriate, to request such an extension immediately so that the March 31, 2008, deadline to apply will not pass without South Carolina being among these states whose citizens are not

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

That the members of the South Carolina General Assembly request Mark Sanford, Governor of South Carolina, acting with or through appropriate executive branch agencies, to apply for an extension of the deadline to comply with the federal Real ID Act before the deadline of March 31, 2008, which will allow South Carolina to analyze the impact of the Real ID Act but which will not require South Carolina to declare its intent to comply with this act thereby allowing the state's current credentials to be recognized and accepted during the extension period by the federal government and the Department of Homeland Security.

Be it further resolved that a copy of this resolution be forwarded to Mark Sanford, Governor of South Carolina.

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

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

H. 4824 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 43-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITIONS OF "INVESTIGATIVE ENTITY" AND "NEGLECT"; TO AMEND SECTION 43-35-40, AS AMENDED, RELATING TO REQUIREMENTS OF AN INVESTIGATIVE ENTITY UPON RECEIVING A REPORT OF ADULT ABUSE, SO AS TO FURTHER SPECIFY AND CLARIFY PROCEDURES FOR REPORTING CASES IN WHICH THERE IS A REASONABLE SUSPICION OF CRIMINAL CONDUCT; AND TO AMEND SECTION 43-35-85, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR FAILING TO REPORT ADULT ABUSE WHEN REQUIRED TO REPORT, SO AS TO DELETE PROVISIONS AUTHORIZING DISCIPLINARY ACTION WHEN A PERSON

H. 4829 (Word version) -- Reps. Edge, Duncan, Clemmons, Herbkersman, Mulvaney, Haskins, Talley, Bingham, Cato, Rice, Shoopman, Viers and Loftis: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXEMPT FROM STATE-IMPOSED SALES AND USE TAX TANGIBLE PERSONAL PROPERTY SOLD OR LEASED TO PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS IN THIS STATE.
Referred to Committee on Ways and Means

H. 4830 (Word version) -- Reps. Shoopman, Harrell, Leach, Mahaffey, Bedingfield, Bannister, Haskins, Walker, Anthony, Mitchell, Talley, Cato, G. R. Smith, Allen, Hamilton, Kelly, Littlejohn, Rice and W. D. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2009 AND 2010, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED TWENTY-SIX DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS.
On motion of Rep. SHOOPMAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 669 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-465 SO AS TO PROVIDE THAT ALL INSURERS THAT ARE RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING

S. 1112 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CRITICAL AREAS OF THE COASTAL ZONE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3111, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. WITHERSPOON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

The following was introduced:

H. 4825 (Word version) -- Reps. M. A. Pitts, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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, 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,

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

The following was introduced:

H. 4826 (Word version) -- Reps. Govan, Cobb-Hunter, Sellers, Ott, Hosey, Clyburn, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Howard, Huggins, Hutson, 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, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF DEACON ROBERT SHAW EVANS, SR., OF ORANGEBURG COUNTY AND TO

The Resolution was adopted.

The following was introduced:

H. 4827 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE MEMBERS OF THE SOUTHSIDE HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM OF GREENVILLE COUNTY FOR A WINNING SEASON, AND TO CONGRATULATE THE PLAYERS AND THEIR COACHES FOR CAPTURING THE 2008 CLASS AA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

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

H. 4828 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTHSIDE HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2008 CLASS AA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Southside High School boys varsity basketball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2008 Class AA State Championship title.

The Resolution was adopted.

The following was introduced:

H. 4831 (Word version) -- Reps. Jefferson and Anderson: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF REVEREND JAMES GLISSON OF GEORGETOWN AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

The following was introduced:

H. 4832 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR REVEREND DAVID A. DONGES FOR HIS OUTSTANDING LEADERSHIP AS BISHOP OF THE SOUTH CAROLINA SYNOD OF THE EVANGELICAL LUTHERAN CHURCH IN AMERICA, UPON THE OCCASION OF HIS RETIREMENT AFTER MORE THAN FORTY YEARS OF FAITHFUL SERVICE, AND TO WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

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

Alexander              Allen                  Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Dantzler
Delleney               Duncan                 Edge
Erickson               Frye                   Funderburk
Gambrell               Govan                  Gullick

Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Hayes                  Herbkersman            Hodges
Hosey                  Howard                 Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Mitchell               Mulvaney               J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Shoopman
Simrill                Skelton                D. C. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Walker
Weeks                  Whipper                White
Williams               Witherspoon

I came in after the roll call and was present for the Session on Thursday, March 6.

Paul Agnew                        G. Murrell Smith
Lewis E. Pinson                   William R. "Bill" Whitmire
Dennis Moss                       Thad Viers
Bakari Sellers                    Ted Vick
Carl Anderson                     William Bowers
Annette Young                     Ralph Davenport
Todd Rutherford

The SPEAKER granted Rep. J. H. NEAL a leave of absence for the day.

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.

Announcement was made that Dr. John Dubose of Camden was the Doctor of the Day for the General Assembly.

Rep. WALKER presented to the House the Landrum High School "Lady Cardinals" Varsity Volleyball Team, the 2007 Class A Champions, their coaches and other school officials.

Rep. ALEXANDER presented to the House the Wilson High School "Tigers" Varsity Football Team, the 2007 Class AAA Champions, their coaches and other school officials.

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

Bill Number:   H. 3094 (Word version)
Date:   ADD:
03/06/08   MULVANEY

Bill Number:   H. 4829 (Word version)
Date:   ADD:
03/06/08   LOFTIS

Bill Number:   H. 4549 (Word version)
Date:   ADD:
03/06/08   LIMEHOUSE

Bill Number:   H. 4821 (Word version)
Date:   ADD:
03/06/08   TALLEY

Bill Number:   H. 3918 (Word version)
Date:   REMOVE:
03/06/08   HAMILTON

Rep. COOPER moved that H. 4800, the General Appropriation Bill for Fiscal Year 2008-2009, be set for Special Order on Tuesday, March 11, 2008, immediately after completion of the uncontested calendar and immediately after roll call every day thereafter, and continue each day until given second reading, which was agreed to.

Rep. COOPER moved that H. 4801, the Joint Resolution appropriating the Capital Reserve Fund for Fiscal Year 2007-2008, be set for Special Order immediately following second reading of H. 4800, and immediately after roll call every day thereafter, and continue each day until given second reading, which was agreed to.

Rep. COOPER moved that while debating H. 4800 on second reading that the Bills on the Calendar be printed by number only, which was agreed to.

Rep. COOPER moved that when the House adjourns today that it adjourn to meet in Local Session on Friday, March 7, 2008, and convene at 10:30 a.m., Tuesday, March 11, 2008, in Statewide Session, which was agreed to.

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

H. 4601 (Word version) -- Reps. W. D. Smith, Cobb-Hunter, Talley, Hagood, Scott, Viers, Mitchell, Clemmons and Whipper: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE CRIME VICTIM'S ADVISORY BOARD TO AUTHORIZE ADDITIONAL COUNSELING FOR VICTIMS BASED ON DOCUMENTED NEED; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA FACSIMILE OR OTHER ELECTRONIC MEANS; TO AMEND ARTICLE 14, CHAPTER 3 OF TITLE 16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE THE PROGRAM SO AS TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, TO CREATE THE VICTIM SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, AND TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMSBUDSMAN AND ESTABLISH CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME VICTIMS' OMSBUDSMAN TO PROMULGATE NECESSARY REGULATIONS.

H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK TO MAKE

The following Bill was taken up:

H. 3094 (Word version) -- Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson, Clemmons and Mulvaney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-535 SO AS TO LIMIT THE LOCATIONS IN WHICH A SEX OFFENDER MAY RESIDE AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION.

Rep. BRADY 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. 4622 (Word version) -- Reps. Hutson, Dantzler, Limehouse, Miller, Perry, Umphlett, Witherspoon and Knight: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POINTS ASSESSED A PERSON'S DRIVING

Rep. WHITE 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. 4243 (Word version) -- Reps. Kelly, F. N. Smith, Simrill, Shoopman, Leach, Limehouse, M. A. Pitts, Rutherford, Scarborough, Witherspoon and Neilson: A BILL TO AMEND SECTION 10-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISCHARGING OF A FIREARM OR USE OF A DANGEROUS WEAPON UPON THE CAPITOL GROUNDS OR WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO MEMBERS OF THE GENERAL ASSEMBLY WHO POSSESS A CONCEALABLE WEAPONS' PERMIT; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO THE CARRYING OR DISPLAYING

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. 4534 (Word version) -- Reps. M. A. Pitts, Owens, Simrill, Davenport, Hosey, Leach, McLeod, Moss, Phillips and Thompson: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR MAKING ARRESTS, SO AS TO FURTHER PROVIDE FOR THESE PROCEDURES, THE USE OF SUMMONS, AND THE RECEIPT OF MONETARY BONDS.

Rep. HARRISON 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. 4348 (Word version) -- Reps. Hagood, Bales and Battle: A BILL TO AMEND SECTION 61-6-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MANUFACTURERS OF ALCOHOLIC LIQUORS, SO AS TO ELIMINATE THE CURRENT RESTRICTIONS PROHIBITING OWNERSHIP OR OPERATION OF MORE THAN ONE ESTABLISHMENT, TO ALLOW LIMITED ON-PREMISES AND OFF-PREMISES TASTINGS, AND TO PROVIDE REGULATIONS ON THE SALE, PURCHASE, AND TRANSPORT OF ALCOHOLIC LIQUORS BY MANUFACTURERS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7551AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 61-6-1100 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-1100.   No manufacturer may own or operate more than one plant, establishment, or place of business for the manufacture of alcoholic liquors in any one county of this State, nor may he permit the drinking of alcoholic liquors on his premises. A holder of a valid manufacturer's license issued by the State may:

(1)   manufacture, distill, rectify, blend, brew, ferment, and bottle alcoholic liquors with an alcohol content greater than seventeen percent;

(2)   sell these alcoholic liquors produced pursuant to item (1) to a wholesaler licensed by the State and transport these alcoholic liquors produced pursuant to item (1) out of state for sale outside of the State; and

(3)   permit tasting of the alcoholic liquors produced pursuant to item (1) and offered for retail sale at the onsite-licensed premises."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

On motion of Rep. HAGOOD, with unanimous consent, it was ordered that H. 4348 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 4585 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON SUNDAY SALES OF ALCOHOLIC LIQUORS AND STATEWIDE ELECTION DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.

Rep. SIMRILL 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 Bills were taken up, read the second time, and ordered to a third reading:

H. 4754 (Word version) -- Reps. G. R. Smith and Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2027 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY THAT PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY AND TO PROVIDE FOR CALCULATING THE MILLAGE LIMITATION FOR A COUNTY

Rep. G. R. SMITH explained the Bill.

In reference to H. 4754, a voice vote was taken. We, Phillip Shoopman and Eric Bedingfield, voted "nay" during the voice vote on this Bill.

Reps. Phillip Shoopman and Eric Bedingfield

H. 4816 (Word version) -- Reps. Bingham, Ballentine, Frye, Haley, Huggins, McLeod, Ott, E. H. Pitts, Spires and Toole: A BILL TO AMEND ACT 378 OF 2004, AS AMENDED, RELATING TO THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT, SO AS TO REVISE THE METHOD BY WHICH THE PROPERTY TAX CREDIT ALLOWED PURSUANT TO THIS ACT APPLIES WITH RESPECT TO THE NONSCHOOL-RELATED PROPERTY TAX LIABILITY OF AN OWNER-OCCUPIED RESIDENCE.

Rep. E. H. PITTS explained the Bill.

On motion of Rep. G. R. SMITH, with unanimous consent, it was ordered that H. 4754 (Word version) be read the third time tomorrow.

On motion of Rep. E. H. PITTS, with unanimous consent, it was ordered that H. 4816 (Word version) be read the third time tomorrow.

The motion of Rep. KENNEDY to reconsider the vote whereby the following Joint Resolution was given a second reading was taken up:

H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker, White, Stavrinakis, Bedingfield, G. R. Smith, Hart and Viers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE

Rep. RICE moved to table the motion to reconsider.

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

Those who voted in the affirmative are:

Alexander              Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cooper                 Cotty
Crawford               Dantzler               Delleney
Duncan                 Edge                   Erickson
Funderburk             Gambrell               Hagood
Haley                  Hamilton               Hardwick

Harrell                Harrison               Hart
Haskins                Herbkersman            Huggins
Hutson                 Kelly                  Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Lowe                   Lucas
Mahaffey               Merrill                Miller
Moss                   Mulvaney               Neilson
Owens                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Scarborough
Scott                  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                  Umphlett               Viers
Walker                 White                  Whitmire
Witherspoon            Young

Those who voted in the negative are:

Allen                  Anderson               Anthony
Bowers                 Branham                Brantley
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Coleman
Frye                   Govan                  Gullick
Harvin                 Hayes                  Hodges
Hosey                  Jefferson              Jennings
Kennedy                Mack                   McLeod
Mitchell               J. M. Neal             Ott
Parks                  Perry                  Sellers
Vick                   Weeks                  Whipper
Williams

So, the motion to reconsider was tabled.

On motion of Rep. SELLERS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Medical, Military, Public and Municipal Affairs:

H. 4771 (Word version) -- Rep. Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 44 TO ENACT THE "RESPONSIBLE FAMILY PLANNING ACT" SO AS TO PROVIDE THAT CONSENTING INDIVIDUALS HAVE THE RIGHT TO USE SAFE AND EFFECTIVE METHODS OF CONTRACEPTIVE WITHOUT GOVERNMENTAL INTERFERENCE AND TO PROVIDE THAT NO GOVERNMENTAL ENTITY OR PERSON ACTING ON BEHALF OF A GOVERNMENTAL ENTITY MAY DEPRIVE CONSENTING INDIVIDUALS OF THE RIGHT TO OBTAIN AND USE SAFE AND EFFECTIVE CONTRACEPTIVES OR INTERFERE WITH OR DISCRIMINATE AGAINST, IN THE REGULATION OR PROVISION OF BENEFITS, FACILITIES, SERVICES, OR INFORMATION, THE RIGHT OF CONSENTING INDIVIDUALS TO OBTAIN AND USE SAFE AND EFFECTIVE CONTRACEPTIVES.

Rep. BALLENTINE asked unanimous consent to recall H. 4751 (Word version) from the Committee on Judiciary.
Rep. MULVANEY objected.

The Senate Amendments to the following Bill were taken up for consideration:

H. 3632 (Word version) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J. R. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK

Rep. CHALK explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

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

H. 3912 (Word version) -- Reps. White and Bales: A BILL TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 40-47-35, RELATING TO LICENSURE AS AN EXPERT MEDICAL

H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker, White, Stavrinakis, Bedingfield, G. R. Smith, Hart and Viers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

Rep. MERRILL moved to reconsider the vote whereby the following Joint Resolution was given a third reading:

H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker, White, Stavrinakis, Bedingfield, G. R. Smith, Hart and Viers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

Rep. MERRILL moved to table the motion to reconsider, which was agreed to.

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

The following Joint Resolution was taken up:

H. 4578 (Word version) -- Reps. Harrison, Hagood, Talley, W. D. Smith and G. R. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 19 SO AS TO AUTHORIZE THE GENERAL ASSEMBLY, BY SPECIAL OR LOCAL LAW, TO ABOLISH A SPECIAL OR PUBLIC SERVICE DISTRICT AND TRANSFER ITS ASSETS AND LIABILITIES TO AN ASSUMING SERVICE PROVIDER.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1. It is proposed that Article VIII of the Constitution of this State be amended by adding:

"Section 19.   (A)   For purposes of this section, 'special or public service district' and 'assuming service provider' are as defined by the General Assembly by general law.

(B)   Notwithstanding another provision of this Constitution, the General Assembly, by special or local law, may abolish a special or public service district created by the General Assembly, by local or special law, and transfer its assets and liabilities to an assuming service provider."

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article VIII of the Constitution of this State be amended by adding Section 19 so as to authorize the General Assembly, by local or special law, to abolish a special or public service district and transfer its assets and liabilities to an assuming service provider?

Rep. HAGOOD explained the Joint Resolution.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Bowen                  Bowers
Branham                Brantley               Breeland
R. Brown               Cato                   Clemmons
Clyburn                Coleman                Cooper
Cotty                  Crawford               Dantzler
Delleney               Duncan                 Edge
Erickson               Frye                   Funderburk
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harvin                 Haskins                Hayes
Herbkersman            Hodges                 Hosey
Hutson                 Jefferson              Jennings
Kelly                  Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Lowe                   Lucas                  McLeod
Merrill                Miller                 Moss
Neilson                Ott                    Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Scarborough            Simrill                Skelton
D. C. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 Whipper

White                  Williams               Witherspoon
Young

Those who voted in the negative are:

Bedingfield            G. Brown               Chalk
Govan                  Hart                   Kennedy
Mack                   Mahaffey               Mulvaney
J. M. Neal             Parks                  Scott
Sellers                Shoopman               Weeks

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

The following Bill was taken up:

S. 110 (Word version) -- Senators Thomas, Elliott, Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 22, TITLE 17 AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE.

Rep. SCOTT moved to adjourn debate on the Bill until Tuesday, March 11, which was agreed to.

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

At 11:15 a.m. the House, in accordance with the motion of Rep. UMPHLETT, adjourned in memory of Darrell Thornley of Moncks Corner, to meet at 10:00 a.m. tomorrow.

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