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 Isaiah 40:29: "He gives strength to the weary and increases the power of the weak."
Let us pray. O God of power and might, continue to give these Representatives and staff the strength, courage, and integrity to complete the work placed before them. Grant them patience and understanding when things do not go the way intended. Keep them refreshed to finish the task. 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. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of Ann "Tunky" Yarborough Riley of Greenville, wife of former South Carolina Governor and United States Secretary of Education, Richard Riley, which was agreed to.

On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

On behalf of the Boys and Girls Clubs of SC, the Members and attaches of the House of Representatives are invited to a breakfast. This event will be held on Thursday, May 1, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Jason Puhlasky

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Beer Wholesalers Association, the Members and attaches of the House of Representatives are invited to a reception. This event will be held on Tuesday, May 6, 2008, from 6:00 p.m. until 9:00 p.m. at our office located at 1114 College Street.

Sincerely,
James L. Wicks
Chairman

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC HIV/AIDS Care Crisis Task Force, the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 7, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Dr. Bambi Gaddist
Executive Director

Dear Chairman Leach:

On behalf of the Palmetto Agriculture and Food Industry Council, the Members and attaches of the House of Representatives are invited to "A South Carolina Taste". This event will be held on Wednesday, May 7, 2008, from 11:00 a.m. until 2:00 p.m. on the State House Grounds.

Sincerely,
Jackie Moore
Chairman

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of Alpha Kappa Alpha Sorority, Inc., the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, May 8, 2008, at 8:30 a.m., in Room 112 of the Blatt Building.

Sincerely,
Mrs. DeVetta Williams Hughes
Connection Coordinator

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

On behalf of the SC Association of Certified Public Accountants, the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, May 13, 2008, from 6:00 p.m. until 7:00 p.m. at the Clarion Town House Hotel.

Sincerely,
Erin P. Hardwick
Executive Director

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Manufacturers Alliance, the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, May 13, 2008, from 6:00 p.m. until 7:30 p.m. at the University House.

Sincerely,
Lewis F. Gossett
President & CEO

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of Blue Cross Blue Shield of SC, the Members, staff, and family of the House of Representatives are invited to the Fifteenth Annual Legislative Softball Game and Picnic. This event will be held on Wednesday, May 14, 2008, at 6:00 p.m. at the Capital City Stadium.

Sincerely,
M. Edward Sellers
Chairman and Chief Executive Officer

Dear Chairman Leach:

On behalf of the SC Cancer Alliance, the Members and attaches of the House of Representatives are invited to a breakfast. This event will be held on Thursday, May 15, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Gailya Walter

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Primary Health Care Association, the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 21, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Catherine A. Warner
Health Policy Analyst

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the John de la Howe School, the Members of the House of Representatives are invited to a luncheon. This event will be held on

Sincerely,
Mark S. Williamson, MBA
Superintendent

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Career and Technology School Directors of the SC Association of School Administrators, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, May 22, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Molly M. Spearman
Executive Director

January 3, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Petroleum Council, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, May 29, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Kay Clamp
Executive Director

Document No. 3178
Agency: Budget and Control Board
Statutory Authority: 1976 Code Section 44-6-170
Data Reporting Requirements Pertaining to Submission of Ambulatory Encounter Data
Received by Speaker of the House of Representatives
January 17, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 16, 2008
Revised: May 31, 2008

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

H. 4850 (Word version) -- Reps. Witherspoon, Clemmons and Hardwick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES MAPLE SWAMP ALONG ADRIAN HIGHWAY IN HORRY COUNTY "JULIAN A. BOOTH MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "JULIAN A. BOOTH MEMORIAL BRIDGE".
Ordered for consideration tomorrow.

The following was introduced:

H. 4851 (Word version) -- Reps. Harvin, Kirsh, Cobb-Hunter, Jefferson, Jennings, Kennedy, McLeod, Ott, Williams, 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, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Kelly, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, Merrill, Miller, Mitchell, Moody-Lawrence,

Whereas, the members of the South Carolina General Assembly were deeply saddened to learn of the death of Florence native and former first lady of South Carolina, Ann "Tunky" Riley on March 7, 2008; and

Whereas, born Ann Yarborough, she was the daughter of the late Anne Osteen Yarborough Bryson and Hubert E. Yarborough, who served in the state legislature from Florence; and

Whereas, after graduation from the University of South Carolina where she was a member of Delta Delta Delta Sorority, Tunky married law student Richard "Dick" W. Riley, and they remained deeply in love for fifty-one years; and

Whereas, together they had four fine children: Anne Riley Smith of Roswell, Georgia, Richard W. Riley, Jr., of Greenville, Hubert D. Riley of Sacramento, California, and Ted D. Riley of Columbia; and

Whereas, for twenty-one years before Dick Riley was elected Governor, they lived in Greenville where she taught eighth grade briefly, was a reading tutor, and served as a volunteer kindergarten teacher and coordinator of volunteers for twenty Greenville schools; and

Whereas, as first lady of the Palmetto State, Ann Riley had the formidable task of rearing four children in the public eye while she directed a three million dollar project to restore the grounds

Whereas, during his two terms as Governor from 1978 to 1986 and eight more years as Secretary of Education to President Clinton from 1992 to 2000, Ann Riley was an equally ardent advocate of improving education and remained active in volunteerism; and

Whereas, she fought vigorously and labored tirelessly during this time for the passage of the Education Improvement Act in South Carolina even though she was battling cancer; and

Whereas, she also gave generously of her time and ability to serve as a board member for many organizations, including the Alliance for Quality Education, Spoleto Festival USA, Young Women's Christian Association, United Way of Greenville, the Greenville Symphony, A Child's Haven, Upstate History Museum, Success by Six, the Hollings Cancer Center, and the South Carolina Parent Teacher Association; and

Whereas, she remained a devoted member of Christ Episcopal Church and attended Buncombe Street United Methodist Church with her family; and

Whereas, Ann Riley is remembered as gracious and kind in every situation and a friend to everyone she knew. She was a rock to her husband personally and politically and an example and teacher to her children; and

Whereas, the members of the South Carolina General Assembly are saddened to learn of the death of Ann Yarborough Riley who served her beloved Palmetto State so effectively with such vitality and grace. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, express their profound sorrow upon the death of Ann "Tunky" Yarborough Riley of Greenville County and extend their deepest sympathy to her family, many friends, and community.

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

The following was introduced:

H. 4852 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MISS SOUTH CAROLINA 2007, CRYSTAL ALICIA GARRETT OF RICHLAND COUNTY FOR HER HARD WORK, DISCIPLINE, TALENT, AMBITION, AND HER EXCELLENT AMBASSADORSHIP FOR THE STATE OF SOUTH CAROLINA AND HER HOME COUNTY.

The Resolution was adopted.

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

H. 4853 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO MISS SOUTH CAROLINA 2007, CRYSTAL ALICIA GARRETT, OF RICHLAND COUNTY, AND THE CONTESTANTS IN THE 2008 MISS SOUTH CAROLINA COMPETITION, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR PARTICIPATING IN THE MISS SOUTH CAROLINA 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 Miss South Carolina 2007, Crystal Alicia Garrett, of Richland County, and the contestants in the 2008 Miss South Carolina competition, at a date and time to be determined

The Resolution was adopted.

The following was introduced:

H. 4854 (Word version) -- Rep. Whitmire: A HOUSE RESOLUTION TO COMMEND THE WALHALLA WOMEN'S CLUB FOR ITS EFFORTS TO PROTECT SOUTH CAROLINA'S NATURAL BEAUTY, AND TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR THE CLUB'S SPECIAL COMMITMENT TO HELPING REDUCE LITTER AND WASTE IN OUR STATE BY ENCOURAGING ALL SOUTH CAROLINIANS TO USE ECO-FRIENDLY REUSABLE SHOPPING BAGS.

The Resolution was adopted.

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

H. 4855 (Word version) -- Rep. Miller: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO REPRESENTATIVES OF WACCAMAW HIGH SCHOOL, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THE SCHOOL ON RECEIVING THE 2008 CAROLINA FIRST PALMETTO'S FINEST AWARD.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to representatives of Waccamaw High School, at a date and time to be determined by the Speaker, for the

The Resolution was adopted.

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

H. 4856 (Word version) -- Reps. Hutson, Harrell, Knight and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SUMMERVILLE HIGH SCHOOL BOYS 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 2007-2008 CLASS AAAA 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 Summerville High School boys 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 2007-2008 Class AAAA State Championship title.

The Resolution was adopted.

The following was introduced:

H. 4857 (Word version) -- Reps. Hutson, Harrell, Knight and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE SUMMERVILLE HIGH SCHOOL BOYS BASKETBALL TEAM FOR A WINNING SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2007-2008 CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

The following was introduced:

H. 4858 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE LIFE AND ACHIEVEMENTS OF FRED DOUGLAS GARRETT, SR., OF GREENVILLE COUNTY AND TO EXPRESS APPRECIATION FOR HIS MANY YEARS OF SERVICE TO HIS COMMUNITY.

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

The following was introduced:

H. 4859 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS, FACULTY, STAFF, AND ADMINISTRATION OF WACCAMAW HIGH SCHOOL IN GEORGETOWN COUNTY ON RECEIVING THE 2008 CAROLINA FIRST PALMETTO'S FINEST AWARD.

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

The following was taken up for immediate consideration:

S. 1197 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO PROCLAIM MAY AS "PRECIOUS CARGO" MONTH, ENCOURAGING SOUTH CAROLINA TEENS TO BUCKLE UP AND SLOW DOWN.

Whereas, the National Organization for Youth Safety, a non-profit coalition of youth led and youth serving national organizations, has proclaimed May as National Youth Traffic Safety Month; and

Whereas, according to various government groups and statistics, including the National Highway Traffic Safety Administration-National Center for Health Statistics, the Center for Disease Control, and the Advocates for Highway and Auto Safety, motor vehicle crashes are the leading cause of death for teenagers; and

Whereas, teens are more likely than older drivers to speed, and compared with other age groups, teens have the lowest rate of safety belt use; and

Whereas, as a potential strategy to increase safety belt use among teens, education on the current safety belt laws and the consequences for safety belt violations is vital; and

Whereas, South Carolina currently has the eighth highest overall highway fatality rate in the nation; and

Whereas, promoting teen driving safety by reminding teens they are "precious cargo" and encouraging them to buckle up and slow down can have a positive effect on the youth drivers of South Carolina. Now, therefore,

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

That the South Carolina General Assembly proclaim May as "Precious Cargo" Month, encouraging South Carolina teens to buckle up and slow down.

Be it further resolved that a copy of this resolution be forwarded to Melle Morgan, Miss Tri-County Teen, 2008.

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

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

H. 4860 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO

H. 4861 (Word version) -- Rep. Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-367 SO AS TO REQUIRE CHESTERFIELD COUNTY ELECTION COMMISSION TO PREPARE ONE BALLOT FOR ALL ELECTIONS WHEN A NONPARTISAN SCHOOL ELECTION IS HELD ON THE SAME DAY AS ANOTHER ELECTION.
Referred to Chesterfield Delegation

H. 4862 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 50-11-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION AGAINST BAITING WILD TURKEYS, SO AS TO FURTHER PROVIDE FOR WHAT PRACTICES DO NOT CONSTITUTE BAITING.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4863 (Word version) -- Reps. McLeod, Funderburk, J. H. Neal, Herbkersman, Clyburn and Cobb-Hunter: A BILL TO ENACT THE "COUNTY TRANSPORTATION COMMITTEE ENHANCEMENT ACT OF 2008" INCLUDING PROVISIONS TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION AND USES OF MOTOR FUELS USER FEES CREDITED TO THE COUNTY TRANSPORTATION "C" FUND, SO AS TO REQUIRE A PORTION OF A COUNTY'S "C" FUND REVENUES TO BE USED FOR PUBLIC TRANSIT NEEDS, TO REQUIRE REPRESENTATION OF PUBLIC TRANSIT STAKEHOLDERS ON THE COUNTY TRANSPORTATION COMMITTEE, AND REVISE THE ALLOCATION PERCENTAGE ON THE USES OF A COUNTY'S "C" FUND REVENUES; AND TO AMEND SECTION 12-28-2750, RELATING TO THE USES OF THE REVENUES OF THE USER FEE ON MOTOR FUELS, SO AS TO STEER ADDITIONAL

H. 4864 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA ADMINISTRATIVE LAW COURT, SO AS TO DELETE THE REFERENCE TO THE SPECIFIC RETIREMENT SYSTEM APPLICABLE TO JUDGES OF THIS COURT AND TO AMEND SECTION 9-11-25, AS AMENDED, RELATING TO THE ELECTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM (SCPORS), SO AS TO ALLOW A SIMILAR ELECTION FOR ADMINISTRATIVE LAW COURT JUDGES SERVING BEFORE JULY 1, 2008, AND TO PROVIDE THAT ALL ADMINISTRATIVE LAW COURT JUDGES TAKING OFFICE AFTER JUNE 30, 2008, SHALL PARTICIPATE IN SCPORS.
Referred to Committee on Judiciary

H. 4865 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 61-6-1540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONALCOHOLIC MERCHANDISE THAT A RETAIL ALCOHOLIC LIQUOR DEALER MAY SELL IN HIS PLACE OF BUSINESS, SO AS TO FURTHER PROVIDE FOR THE MERCHANDISE WHICH MAY BE SOLD.
Referred to Committee on Judiciary

S. 333 (Word version) -- Senator Fair: A BILL TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO RECKLESS HOMICIDE; RECKLESS DRIVING; DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, BY ADDING SECTION 56-5-2943, TO PROVIDE THAT AS A CONDITION OF PROBATION FOR A SECOND OR SUBSEQUENT VIOLATION OF SECTIONS 56-5-2930, 56-5-2933, OR 56-5-2945, A COURT MAY REQUIRE THAT AN OFFENDER WEAR A CONTINUOUS REMOTE ALCOHOL MONITORING DEVICE, TO PROVIDE THAT A FINDING BY THE COURT THAT THE OFFENDER'S BLOOD ALCOHOL CONCENTRATION MEETS OR EXCEEDS EIGHT ONE-HUNDREDTHS OF ONE PERCENT SHALL BE A VIOLATION OF THE OFFENDER'S

S. 577 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT A MAGISTRATE MAY PUNISH BY FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH, ALL ASSAULTS AND BATTERIES AGAINST SPORTS OFFICIALS AND COACHES.
Referred to Committee on Judiciary

S. 1191 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, AND METHODS OF TAKING WILDLIFE, SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, AND PROVISIONS FOR TAKING FURBEARING ANIMALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3141, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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

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                 Crawford               Dantzler
Delleney               Duncan                 Erickson
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Huggins
Hutson                 Jefferson              Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   J. M. Neal             Neilson
Ott                    Owens                  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
Spires                 Stavrinakis            Taylor
Thompson               Toole                  Umphlett
Viers                  Walker                 Whipper
White                  Whitmire               Williams
Witherspoon            Young

I came in after the roll call and was present for the Session on Thursday, March 13.

Paul Agnew                        Terry Alexander
Ralph Davenport                   Tracy Edge
Chris Hart                        Gloria Haskins
Douglas Jennings                  Joseph Neal
Todd Rutherford                   Bakari Sellers
Gary Simrill                      Doug Smith

James E. Stewart                  Ted Vick
Bill Cotty

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

The SPEAKER granted Rep. FRYE a leave of absence due to illness.

Announcement was made that Dr. Anthony E. Harris of Aiken was the Doctor of the Day for the General Assembly.

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. 4550 (Word version)
Date:   ADD:
03/13/08   LOFTIS

Rep. J. M. NEAL moved that when the House adjourns today that it meet in Local Session on Friday, March 14, at 10:00 a.m., and then remain in recess, pursuant to Article III, Section 9 of the S.C.

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

H. 4844 (Word version) -- Rep. Hayes: A BILL TO AMEND ACT 137 OF 2007, RELATING TO ACQUISITION AGREEMENTS FOR SCHOOL BUILDINGS AND OTHER SCHOOL FACILITIES, SO AS TO PROVIDE THAT NO ACQUISITION AGREEMENT MAY BE ENTERED INTO UNTIL THE DILLON COUNTY BOARD OF EDUCATION PROJECTS THAT ALL SALES TAX REVENUE, BOND REVENUE, AND ALL OTHER SOURCES OF AVAILABLE REVENUE ARE SUFFICIENT TO PAY AMOUNTS OWED UNDER THE ACQUISITION AGREEMENT.

On motion of Rep. HAYES, with unanimous consent, it was ordered that H. 4844 (Word version) be read the third time tomorrow.

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

H. 3094 (Word version) -- Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson, Clemmons, Mulvaney, Harvin and Bedingfield: 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.

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

The following Bill was taken up:

The question then recurred to the passage of the Bill on third reading.

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

Those who voted in the affirmative are:

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                 Crawford
Dantzler               Davenport              Delleney
Duncan                 Erickson               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               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Shoopman
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 Whipper                White
Whitmire               Williams               Witherspoon
Young

Those who voted in the negative are:

So, the Bill was read the third time and ordered sent to the Senate.

Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of H. 4800.

The following Joint Resolution was taken up:

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.

The question then recurred to the passage of the Joint Resolution on third reading.

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

Allen                  Anderson               Anthony
Bales                  Bannister              Battle
Bedingfield            Bingham                Bowen
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Crawford               Dantzler               Davenport
Delleney               Duncan                 Erickson
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Hart                   Harvin                 Haskins
Hayes                  Herbkersman            Hiott
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Littlejohn             Loftis
Lowe                   Mahaffey               McLeod
Merrill                Miller                 Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
Sandifer               Scott                  Shoopman
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Taylor
Thompson               Toole                  Umphlett
Viers                  Walker                 Whipper
White                  Whitmire               Williams
Witherspoon            Young

Those who voted in the negative are:

So, the Joint Resolution was read the third time and ordered sent to the Senate.

Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, March 25, which was adopted:

H. 4549 (Word version) -- Reps. Harrell, W. D. Smith, Cooper, Cato, Harrison, Walker, Witherspoon, White, Young, Merrill, Bingham, Littlejohn, G. R. Smith, Bedingfield, Taylor, Shoopman, Haley, Hardwick, J. R. Smith, Lowe, Viers, Hutson, Erickson, Ballentine, Frye, Pinson, D. C. Smith, Huggins, Toole, Bowen, Brady, Mahaffey, Bannister, Clemmons, Delleney, Duncan, Gambrell, Herbkersman, Mulvaney, E. H. Pitts, Sandifer, Spires, Thompson, Umphlett, Whitmire and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2647 SO AS TO PROVIDE THAT THE SALES, USE, AND CASUAL EXCISE TAX REVENUES IN A FISCAL YEAR FROM THE SALE, USE, OR TITLING OF A VEHICLE REQUIRED TO BE REGISTERED AND LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES MUST BE CREDITED TO THE STATE HIGHWAY FUND, TO PHASE IN THIS DISTRIBUTION, TO PROVIDE FOR THE USE OF THESE REVENUES, AND TO "HOLD HARMLESS" THE EDUCATION IMPROVEMENT ACT (EIA) FUND FOR REVENUES NOT CREDITED TO IT PURSUANT TO THE PROVISIONS OF SECTION 12-36-2647 AS ADDED BY THIS ACT.

Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, March 25, which was adopted:

H. 4550 (Word version) -- Reps. Harrell, W. D. Smith, Cooper, Cato, Harrison, Walker, Witherspoon, White, Young, Littlejohn, G. R. Smith, Toole, Huggins, Bedingfield, Lowe, Viers, Herbkersman, Duncan, Skelton, Haley, Hardwick, Frye, Erickson, Bingham, Bowen, Brady, Taylor, Mahaffey, J. R. Smith, Hutson, Pinson, Bannister, Clemmons, Delleney, Gambrell, Merrill, Mulvaney, E. H. Pitts, Rice, Sandifer, Shoopman, D. C. Smith, Spires, Umphlett, Whitmire, Cotty and Loftis: A BILL TO DESIGNATE SECTION 5 OF ACT 115 OF 2007 AS SECTION 12-6-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION IN THE SOUTH CAROLINA INDIVIDUAL INCOME TAX LIABILITY OF INDIVIDUALS BY SUBJECTING THE BOTTOM OF THE 2.5

Rep. COOPER moved to adjourn debate upon the following Joint Resolution until Tuesday, March 25, which was adopted:

S. 1075 (Word version) -- Finance Committee: A JOINT RESOLUTION TO SUPPLEMENT THE SCHOOL DISTRICTS NEGATIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY, AND TO PROVIDE THAT A SCHOOL DISTRICT POSITIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY SHALL DIRECT THE EXCESS FUNDS TOWARD NONRECURRING ALLOWABLE EXPENDITURES.

Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, March 25, which was adopted:

S. 652 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS WHO HAVE ATTAINED AGE SIXTY-FIVE, OR WHO ARE PERMANENTLY AND TOTALLY DISABLED, OR WHO ARE LEGALLY BLIND, SO AS TO ALLOW THE APPLICATION FOR THE EXEMPTION TO BE MADE BY MAIL OR BY INTERNET AND PROVIDE THE CIRCUMSTANCES WHEN MAIL OR INTERNET APPLICATIONS MAY BE PROCESSED.

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

H. 3980 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLE", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUANCE OF A REPORT OF CONVICTIONS THAT OCCUR IN THE STATE OF PERSONS FROM OTHER STATES TO THE PERSONS' HOME STATE, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO PERSONS FROM CANADA AND MEXICO; TO AMEND SECTION 56-1-747, RELATING TO THE DEFINITION OF THE TERM "CONVICTION", SO AS TO REVISE THE DEFINITION OF THIS TERM; TO AMEND SECTION 56-1-790, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES AUTHORITY TO ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER JURISDICTIONS FOR THE PURPOSE OF REPORTING CONVICTIONS IN ONE JURISDICTION BY A PERSON HOLDING A DRIVER'S LICENSE IN ANOTHER STATE, SO AS TO PROVIDE THAT WHEN A RESIDENT OF THIS STATE HAS BEEN CONVICTED OF A MOTOR VEHICLE VIOLATION IN ANOTHER STATE FOR WHICH THERE IS NO CORRESPONDING OFFENSE IN THIS STATE, THE CONVICTION MUST BE RECORDED ON THE PERSON'S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS OF TERMS RELATING TO A COMMERCIAL DRIVER'S LICENSE, SO AS TO DELETE THE TERM "CONVICTION" AND ITS DEFINITION; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, ALL RELATING TO DEFINITIONS OF CERTAIN TERMS RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE.

Rep. WHIPPER asked unanimous consent to recall H. 3425 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.

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

H. 4846 (Word version) -- Reps. Moss, Gambrell, Chalk, Erickson, Frye, Spires, J. M. Neal, Coleman, Agnew, Bowen, Bowers, Brady, Branham, G. Brown, Cobb-Hunter, Crawford, Funderburk, Gullick, Hayes, Jennings, Knight, Littlejohn, McLeod, Merrill, Neilson, Ott, Pinson, Sandifer and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-115 SO AS TO DESIGNATE THE THIRD WEEK IN SEPTEMBER AS "MITOCHONDRIAL DISEASE AWARENESS WEEK".

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

H. 3528 (Word version) -- Reps. M. A. Pitts, Stewart, G. M. Smith, Merrill, Bedingfield, Perry, Davenport, Bingham, Brantley, Chellis, Delleney, Hinson, Jefferson, Knight, Lowe, Mulvaney, J. M. Neal, Ott, Owens, Stavrinakis, Toole, Vick, White, Williams, Young, Mahaffey and Umphlett: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO RESTRICT THE CIRCUMSTANCES UPON WHICH THE STATE LAW ENFORCEMENT DIVISION MAY RELEASE ITS LIST OF PERMIT HOLDERS.

Rep. M. A. PITTS moved to adjourn debate upon the Senate Amendments until Tuesday, March 25, which was agreed to.

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Tuesday, March 25, which was adopted:

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.

The following Concurrent Resolution was taken up:

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".

Whereas, the crucial Revolutionary War Battle of Musgrove's Mill occurred on both the Spartanburg County and Laurens County sides of the Enoree River on August 17 and 18, 1781. Six or more patriotic Americans were killed and buried within view of the bridge which crosses the Enoree River near this site; and

Whereas, the South Carolina Historical Marker that was erected beside the bridge which commemorated this battle disappeared during the 1930's; and

Whereas, it would be fitting and proper for the members of the General Assembly to commemorate this battle and honor the memory of the patriot Americans who made the ultimate sacrifice in defense of freedom by naming the bridge that crosses the Enoree River along

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

That the members of the General Assembly 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".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

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

Rep. STAVRINAKIS moved to adjourn debate upon the following Bill until Wednesday, March 26, which was adopted:

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

At 10:53 a.m. the House, in accordance with the motion of Rep. COBB-HUNTER, adjourned in memory of Ann "Tunky" Yarborough Riley of Greenville, wife of former Governor of South Carolina and United States Secretary of Education, Richard Riley, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Monday, June 22, 2009 at 12:02 P.M.