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

Tuesday, January 22, 2008
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 30:10: "Hear, O Lord, and be gracious to me! O Lord, be my helper."
Let us pray. O God, You have made us in such a way that we long to be in Your presence, for Your presence helps us make sense of the world. Come and inspire us as we assemble to take care of the earthly part of Your kingdom. Bless our Nation, President, State, Governor, Speaker, and this Honorable Assembly. Protect our defenders of freedom at home and abroad 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. J. M. NEAL moved that when the House adjourns, it adjourn in memory of George Neal Hodges of Lancaster, father of former Governor James H. Hodges, which was agreed to.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 3179
Agency: Budget and Control Board
Statutory Authority: 1976 Code Section 44-6-170
Data Reporting Requirements Pertaining to South Carolina Hospitals
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

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

Document No. 3160
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-1-140
Shellfish
Received by Speaker of the House of Representatives
January 17, 2008
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 16, 2008

HOUSE RESOLUTION

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

H. 4518 (Word version) -- Rep. Rutherford: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEMORATE THE HONORABLE BENJAMIN FRANKLIN RANDOLPH, MINISTER OF THE GOSPEL OF OUR LORD JESUS CHRIST AND SOUTH CAROLINA SENATOR FROM ORANGEBURG COUNTY FOLLOWING THE CIVIL WAR, AND TO DECLARE FEBRUARY 2, 2008, SENATOR BENJAMIN FRANKLIN RANDOLPH DAY, IN CONJUNCTION WITH THE UNVEILING OF THE HISTORIC MARKER AT RANDOLPH CEMETERY, NAMED IN HIS HONOR.

Whereas, "freeborn" in Kentucky in 1837 and educated at Oberlin College, Benjamin Franklin Randolph was already a respected religious leader and minister in America prior to the Civil War; and

Whereas, Reverend Randolph served honorably during that war as a chaplain in the 26th Regiment of the United States Colored Troops, being one of only fourteen African Americans commissioned to that position, and came to South Carolina while serving with his military unit; and

Whereas, he was elected Orangeburg County's representative to the South Carolina Senate in the spring of 1868 and became a strong proponent of universal and integrated education for children in South Carolina; and

Whereas, as one of South Carolina's most significant political leaders, he served with distinction as Chairman of the Republican State Central Committee and delegate to the South Carolina Constitutional Convention of 1868, which established rules allowing black men and men without property to vote and hold office; and

Whereas, on October 16, 1868, Senator Benjamin Franklin Randolph was assassinated at Hodges Depot in Abbeville County while campaigning for the National Republican Party; and

Whereas, as a memorial to the late Senator Randolph, Randolph Cemetery, now one of the oldest African American cemeteries in Columbia, was founded on July 1, 1871, by nineteen African American men; and

Whereas, Randolph Cemetery is believed to be the only cemetery in America where ten African American legislators who served during Reconstruction are interred, these being Senator Henry Cardozo of Kershaw County, Senator William Fabriel Myers of Colleton County, Representative Robert John Palmer of Richland County, Senator William Beverly Nash of Richland County, Senator B.F. Randolph of Orangeburg County, Representative William Simons of Richland County, Representative Samuel Benjamin Thompson of Richland County, Representative Prince R. Rivers of Edgefield and Aiken counties, Representative Charles McDuffie Wilder of Richland County, and Senator Lucius Wimbush of Chester County; and

Whereas, in addition, Randolph Cemetery is the burial site of many nineteenth- and early twentieth-century African American leaders from Columbia and other cities throughout South Carolina, including bishops of the African Methodist Episcopal Church; presidents of Allen University; George Elmore, who was instrumental in ending the white primary in South Carolina; Dr. C.A. Johnson, superintendent of South Carolina's Negro schools and dignitary for whom C.A. Johnson Preparatory Academy was named; and Celia Mann, owner of the Mann-Simons Cottage; and

Whereas, it is fitting that the House of Representatives should pause in its deliberations to recognize and celebrate the unique contributions of the late Senator Benjamin Franklin Randolph and the Randolph Cemetery, especially at this time of establishment of the cemetery's new historic marker. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, recognize and commemorate the Honorable Benjamin Franklin Randolph, minister of the Gospel of our Lord Jesus Christ and South Carolina senator from Orangeburg County following the Civil War, and declare February 2, 2008, Senator Benjamin Franklin Randolph Day, in conjunction with the unveiling of the historic marker at Randolph Cemetery, named in his honor.

Be it further resolved that a copy of this resolution be presented to the Committee for the Beautification and Restoration of Randolph Cemetery.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4519 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND TO HOUSES OF WORSHIP THE EXEMPTION ALLOWED FOR RESIDENTIAL USE OF ELECTRICITY, NATURAL GAS, AND OTHER FUELS.
Referred to Committee on Ways and Means

H. 4520 (Word version) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J. H. Neal, Ott, Owens and Williams: A BILL TO AMEND SECTION 59-147-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF REVENUE BONDS BY COLLEGES AND UNIVERSITIES, SO AS TO CLARIFY AND FURTHER SPECIFY WHAT FACILITIES ARE ELIGIBLE TO BE FINANCED UNDER THE HIGHER EDUCATION REVENUE BOND ACT; AND TO REPEAL SECTION 59-147-120 RELATING TO CERTAIN LIMITATIONS ON THE ISSUANCE OF REVENUE BONDS.
Referred to Committee on Ways and Means

H. 4523 (Word version) -- Reps. Erickson, Herbkersman, Duncan, Haley, Ballentine, Bedingfield, Pinson, Clemmons, Mulvaney, Brady, Cato, Chalk, Edge, Funderburk, Huggins, Merrill, E. H. Pitts, Sandifer, Taylor and Thompson: A BILL TO AMEND SECTION 17-25-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED OF CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO INCLUDE THE OFFENSE OF COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD UNDER SIXTEEN IN THE LIST OF SERIOUS OFFENSES; AND TO AMEND SECTION 24-13-100, RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", SO AS TO ADD THE OFFENSE OF COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD UNDER SIXTEEN AS AN OFFENSE FOR WHICH A PERSON MAY NOT BE PAROLED.
Referred to Committee on Judiciary

H. 4524 (Word version) -- Reps. Bingham and Kirsh: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO CLARIFY THAT THE EXEMPTIONS ALLOWED FOR OTHERWISE QUALIFYING DURABLE MEDICAL EQUIPMENT AND MEDICAL SUPPLIES MUST BE SOLD PURSUANT TO WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY; AND TO AMEND ACT 99 OF 2007, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REVISE THE SCHEDULE OF THE PHASE-IN OF THE SALES TAX FOR DURABLE MEDICAL EQUIPMENT AND RELATED SUPPLIES AND TO ELIMINATE THE REVENUE GROWTH REQUIREMENT FOR THE PHASE-IN OF THIS EXEMPTION.
Referred to Committee on Ways and Means

H. 4525 (Word version) -- Rep. Branham: A BILL TO AMEND SECTION 56-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS THAT ARE DEEMED TO BE UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES AMONG MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO PROVIDE THAT TO USE OR CONSIDER THE PERFORMANCE OF CERTAIN FRANCHISED NEW MOTOR VEHICLE DEALERS RELATING TO THE SALE OF A MANUFACTURER'S NEW MOTOR VEHICLE OR THE ABILITY TO SATISFY ITS MINIMUM SALES OR MARKET SHARE QUOTAS OR RESPONSIBILITIES IS A VIOLATION OF THIS PROVISION WHEN THEY ARE USED TO DETERMINE A DEALER'S ELIGIBILITY TO PURCHASE CERTAIN MOTOR VEHICLES FROM THE MANUFACTURER, OR THE AVAILABILITY OR AMOUNT OF ANY DISCOUNT, CREDIT, REBATE OR SALES INCENTIVE THE DEALER IS ELIGIBLE TO RECEIVE FROM THE MANUFACTURER FOR THE PURCHASE OF A PROGRAM, CERTIFIED, OR OTHER USED MOTOR VEHICLE OFFERED FOR SALE BY THE MANUFACTURER, AND TO PROVIDE THAT IT IS A VIOLATION OF THIS PROVISION FOR A MOTOR VEHICLE MANUFACTURER, DISTRIBUTOR, OR DEALER TO DISCRIMINATE AGAINST CERTAIN MOTOR VEHICLE DEALERS, OR USE A FINANCIAL SERVICES COMPANY, OR LEASING COMPANY OWNED OR CONTROLLED BY A MANUFACTURER OR DISTRIBUTOR ENGAGED IN ILLEGAL ACTIVITY.
Referred to Committee on Labor, Commerce and Industry

H. 4526 (Word version) -- Reps. Erickson, Herbkersman, Haley, Ballentine, Bedingfield, Pinson, Clemmons, Brady, Cato, Chalk, Duncan, Edge, Funderburk, Huggins, Merrill, Mulvaney, E. H. Pitts, Sandifer, Taylor and Thompson: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES DEFINED AS VIOLENT, SO AS TO INCLUDE BURGLARY IN THE SECOND DEGREE WHEN A PERSON ENTERS A DWELLING WITH INTENT TO COMMIT A CRIME IN ADDITION TO BURGLARY IN THE SECOND DEGREE WHEN A PERSON ENTERS A BUILDING FOR THIS PURPOSE; AND TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED OF CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO INCLUDE BURGLARY IN THE SECOND DEGREE WHEN A PERSON ENTERS A DWELLING WITH INTENT TO COMMIT A CRIME IN ADDITION TO BURGLARY IN THE SECOND DEGREE WHEN A PERSON ENTERS A BUILDING FOR THIS PURPOSE.
Referred to Committee on Judiciary

H. 4527 (Word version) -- Rep. Crawford: A BILL TO AMEND SECTION 44-32-50 AND SECTION 44-76-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO BODY PIERCING TECHNICIAN REQUIREMENTS AND TO TRAINING AND OTHER REQUIREMENTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USERS, SO AS TO INCLUDE THE AMERICAN SAFETY AND HEALTH INSTITUTE AS A CERTIFYING AGENCY FOR BODY PIERCING TECHNICIANS AND FOR AED USER TRAINING.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4528 (Word version) -- Reps. Crawford, Lowe, Shoopman, Leach, Gullick, Harrell, Phillips, Scarborough, Spires and Stavrinakis: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 79 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATOR" SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

H. 4529 (Word version) -- Rep. Weeks: A BILL TO AMEND SECTION 37-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ILLEGALLY DISPENSING CONTACT LENSES, SO AS TO PROVIDE RELIEF IN THE ADMINISTRATIVE LAW COURT FOR A CONTESTED CASE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4531 (Word version) -- Reps. Crawford, Lowe, Weeks, Shoopman, Mulvaney, Leach, Gullick, Bannister, Bedingfield, Allen, Brantley, Cobb-Hunter, Dantzler, Hagood, Ott, Phillips, Pinson, D. C. Smith, J. R. Smith, Stavrinakis, Stewart, Taylor and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-155 SO AS TO REQUIRE THAT THE UNITED STATES MARINE CORPS' FLAG BE FLOWN ATOP THE DOME OF THE STATE HOUSE ON NOVEMBER TENTH, THE ANNIVERSARY OF THE DATE THE MARINE CORPS WAS FOUNDED.
Referred to Committee on Judiciary

S. 422 (Word version) -- Senators McConnell, Campsen and Knotts: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT THE OWNER-OCCUPANT OF RESIDENTIAL PROPERTY QUALIFIES FOR THE SPECIAL FOUR PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY IF THE OWNER HAS MADE THE PROPER CERTIFICATE TO THE COUNTY ASSESSOR AND THE RESIDENCE IS THE OWNER'S ADDRESS ON THE OWNER'S SOUTH CAROLINA DRIVER'S LICENSE OR VOTER REGISTRATION CARD, IS THE ADDRESS ON THE OWNER'S PERSONAL PROPERTY TAX NOTICES, AND THE RESIDENCE IS NOT RENTED FOR MORE THAN NINETY DAYS A YEAR, AND TO DELETE OTHER REFERENCES TO RENTAL OF THESE RESIDENCES.
Referred to Committee on Ways and Means

S. 999 (Word version) -- Senators McGill and Land: A BILL TO AMEND SECTION 50-11-335, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO PROVIDE THAT IN GAME ZONE 5 THERE IS NO DAILY OR SEASON LIMIT ON ANTLERED DEER.
On motion of Rep. WITHERSPOON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

The following was introduced:

H. 4521 (Word version) -- Reps. Crawford, 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, 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, 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 RECOGNIZE AND CONGRATULATE DR. SCOTT D. COHEN, A MEMBER OF THE MEDICAL STAFF AT MCLEOD MEDICAL CENTER-DILLON, FOR HIS WORK IN THE FIELD OF SURGICAL UROLOGY UPON HIS INCLUSION AS A CONTRIBUTING AUTHOR IN THE MEDICAL MALPRACTICE SURVIVAL HANDBOOK.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4522 (Word version) -- Reps. Breeland, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, 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, 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 RECOGNIZE THE REVEREND JOHN H. GILLISON, PRESIDING ELDER OF THE AFRICAN METHODIST EPISCOPAL CHURCH'S SOUTH CAROLINA ANNUAL CONFERENCE FOR THE EDISTO DISTRICT, AND TO CELEBRATE HIS FIFTY YEARS OF MINISTRY IN THE AFRICAN METHODIST EPISCOPAL CHURCH (AME).

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

HOUSE RESOLUTION

The following was introduced:

H. 4530 (Word version) -- Reps. Perry, Clyburn, D. C. Smith, J. R. Smith, Spires, Stewart, 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, 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, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Stavrinakis, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE B. HENDERSON JOHNSON, JR., FOR BEING NAMED THE TWENTY-NINTH RECIPIENT OF THE DURANT DISTINGUISHED PUBLIC SERVICE AWARD BY THE SOUTH CAROLINA BAR FOUNDATION BOARD OF DIRECTORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4532 (Word version) -- Reps. Taylor, Duncan, 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, 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, Spires, Stavrinakis, Stewart, Talley, 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 PHILANTHROPIST PAUL W. MCALISTER, OF LAURENS COUNTY, THE FORMER CHAIRMAN OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY, HIS MANY FRIENDS, AND HIS COMMUNITY.

The Resolution was adopted.

ROLL CALL

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Erickson               Frye
Funderburk             Gambrell               Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Huggins                Hutson
Jefferson              Kelly                  Kennedy
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mahaffey
McLeod                 Merrill                Miller
Moody-Lawrence         Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  Walker
Weeks                  White                  Whitmire
Williams               Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, January 22.

Douglas Jennings                  David Mack
Harold Mitchell                   Fletcher Smith
Ted Vick                          Jerry Govan
Jackson "Seth" Whipper            Leon Howard

Total Present--119

STATEMENT OF ATTENDANCE

Rep. SELLERS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, January 17.

DOCTOR OF THE DAY

Announcement was made that Dr. Leo Walker of Columbia was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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."

CO-SPONSOR ADDED

Bill Number:   H. 3121 (Word version)
Date:   ADD:
01/22/08   HART

CO-SPONSOR ADDED

Bill Number:   H. 3122 (Word version)
Date:   ADD:
01/22/08   HART

CO-SPONSOR ADDED

Bill Number:   H. 3123 (Word version)
Date:   ADD:
01/22/08   HART

CO-SPONSOR ADDED

Bill Number:   H. 3125 (Word version)
Date:   ADD:
01/22/08   HART

CO-SPONSOR ADDED

Bill Number:   H. 3126 (Word version)
Date:   ADD:
01/22/08   HART

CO-SPONSOR ADDED

Bill Number:   H. 3127 (Word version)
Date:   ADD:
01/22/08   HART

CO-SPONSOR ADDED

Bill Number:   H. 3751 (Word version)
Date:   ADD:
01/22/08   ERICKSON

CO-SPONSOR ADDED

Bill Number:   H. 4353 (Word version)
Date:   ADD:
01/22/08   BEDINGFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3751 (Word version)
Date:   ADD:
01/22/08   CHALK

CO-SPONSOR ADDED

Bill Number:   H. 3918 (Word version)
Date:   ADD:
01/22/08   DAVENPORT

CO-SPONSOR ADDED

Bill Number:   H. 4356 (Word version)
Date:   ADD:
01/22/08   HART

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   G. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   HARRISON

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   SPIRES

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   YOUNG

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   E. H. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   RICE

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   HIOTT

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   JEFFERSON

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   KIRSH

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   SIMRILL

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   GULLICK

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   LIMEHOUSE

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   WALKER

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   HARRELL

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   BEDINGFIELD

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   KELLY

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   HARVIN

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   MERRILL

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   LUCAS

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   MULVANEY

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   COOPER

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   GAMBRELL

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   HAYES

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   WHITMIRE

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   HUGGINS

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   MOSS

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   J. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   CRAWFORD

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   AGNEW

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   PINSON

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   ALEXANDER

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   DUNCAN

CO-SPONSOR ADDED

Bill Number:   H. 4393 (Word version)
Date:   ADD:
01/22/08   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 4400 (Word version)
Date:   ADD:
01/22/08   DUNCAN

CO-SPONSOR ADDED

Bill Number:   H. 4470 (Word version)
Date:   ADD:
01/22/08   HALEY

CO-SPONSOR ADDED

Bill Number:   H. 4470 (Word version)
Date:   ADD:
01/22/08   BEDINGFIELD

CO-SPONSOR ADDED

Bill Number:   H. 4470 (Word version)
Date:   ADD:
01/22/08   MAHAFFEY

CO-SPONSOR ADDED

Bill Number:   H. 4470 (Word version)
Date:   ADD:
01/22/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4470 (Word version)
Date:   ADD:
01/22/08   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/22/08   BRANTLEY

CO-SPONSOR ADDED

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/22/08   HERBKERSMAN

CO-SPONSOR ADDED

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/22/08   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/22/08   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/22/08   AGNEW

CO-SPONSOR ADDED

Bill Number:   H. 4476 (Word version)
Date:   ADD:
01/22/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4478 (Word version)
Date:   ADD:
01/22/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4479 (Word version)
Date:   ADD:
01/22/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4479 (Word version)
Date:   ADD:
01/22/08   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4483 (Word version)
Date:   ADD:
01/22/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4486 (Word version)
Date:   ADD:
01/22/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4487 (Word version)
Date:   ADD:
01/22/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/22/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4493 (Word version)
Date:   ADD:
01/22/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4496 (Word version)
Date:   ADD:
01/22/08   HART

CO-SPONSOR ADDED

Bill Number:   H. 4504 (Word version)
Date:   ADD:
01/22/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4508 (Word version)
Date:   ADD:
01/22/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4513 (Word version)
Date:   ADD:
01/22/08   MCLEOD

H. 4514--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

H. 4514 (Word version) -- Reps. Shoopman, Loftis, G. R. Smith, Cato, Bedingfield, Haskins, Hamilton, Leach, Rice, Allen, F. N. Smith, Taylor and Bannister: A BILL TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO INCREASE THE BOARD FROM SEVEN TO ELEVEN MEMBERS, TO REVISE THE DISTRICTS FROM WHICH THE MEMBERS MUST BE APPOINTED, TO REVISE THE NOMINATING PROCEDURES, AND TO PROVIDE TRANSITIONAL PROCEDURES; AND TO REPEAL SECTION 1 OF ACT 432 OF 1947 RELATING TO THE LEGISLATIVE FINDINGS CONCERNING THE NEED FOR GREENVILLE COUNTY TO TAKE OVER THE HOSPITAL OPERATED BY THE CITY OF GREENVILLE IN ORDER TO SERVE ALL THE RESIDENTS OF GREENVILLE COUNTY AND TO PROVIDE FOR THE ASSURANCES NECESSARY TO EFFECT THIS PLAN.

Reps. SHOOPMAN and G. R. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11965AC08), which was adopted:
Amend the bill, as and if amended, by deleting subsection (B)(3)(a) and inserting:
/(a)   The board of trustees shall publicize vacancies, and recommendations may be made to the board from any individual, organization, or group. The board shall submit at least two nominees for each vacancy to the Greenville County Legislative Delegation, except as provided for in subsection (B)(3)(b). The legislative delegation with a quorum present and by majority-weighted vote shall select one nominee from the nominees submitted for each vacancy. However, if after the board has submitted its initial nominees, the delegation requests additional nominees, the board has one hundred twenty days to submit the additional nominees. If the board does not submit additional nominees within one hundred twenty days of the request, the legislative delegation has sixty days to appoint qualified members to fill the vacancy without considering nominations from the board. An individual selected by the delegation to fill the seat of an at-large member who is a resident of the City of Greenville must be submitted by the legislative delegation to the City Council of the City of Greenville for concurrence, and the City Council shall act timely on the request for concurrence. If the City Council does not concur in the appointment, the board must submit two nominees to the legislative delegation to fill the seat and the legislative delegation shall select from the nominees another individual and submit that nominee to the City of Greenville for concurrence. All recommendations, nominations, and appointments to the board shall take into account race, gender, expertise, and other qualifications as may be pertinent to service on the board so that such members are mindful, to the greatest extent possible, of the needs of all segments of the population of Greenville County and those served by the Greenville Hospital System. /
Renumber sections to conform.
Amend title to conform.

Rep. SHOOPMAN explained the amendment.
The amendment was then adopted.
Rep. SHOOPMAN moved to adjourn debate on the Bill until Wednesday, January 23, which was agreed to.

H. 4450--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, January 23, which was adopted:

H. 4450 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-840 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL MAINTAIN ALL PROPERTY AND VEGETATION UNDER ITS CONTROL AT EXIT 90 ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY AND ALLOW PERSONS WHO OWN LAND ADJACENT TO THIS PROPERTY TO ASSIST THE DEPARTMENT IN MEETING THE REQUIREMENTS OF THIS SECTION.

SENT TO THE SENATE

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

H. 4492 (Word version) -- Reps. Young, Harrell and Hutson: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.

H. 4277--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4277 (Word version) -- Rep. R. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION RENAME THE "WALLACE RIVER BRIDGE" IN THE HOLLYWOOD SECTION OF CHARLESTON COUNTY THE "PETER MILLER BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "PETER MILLER BRIDGE".

Whereas, Mr. Peter Miller has operated several businesses along the Savannah Highway in Charleston County for more than fifty years; and

Whereas, during this period, he has been a pillar of Charleston County, having made major contributions to the local, county, and state economies through his Exxon gasoline and convenience store, trucking-land fill company, package store, and entertainment/reception hall; and

Whereas, in the 1950s and 1960s, during the final days of the State's segregated past, "Peter Miller's" was one of the few entertainment establishments that African Americans could patronize in Charleston County; and

Whereas, the residents of Hollywood have benefited greatly from Mr. Miller's philanthropy, kindness, and can-do spirit; and

Whereas, it would be fitting and proper for the members of the General Assembly to forever recognize the many contributions that Mr. Peter Miller has made to his community by renaming the Wallace River Bridge in his honor. 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, request that the Department of Transportation rename the "Wallace River Bridge" in Charleston County the "Peter Miller Bridge" and erect appropriate markers or signs at this bridge that contain the words "Peter Miller 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.

Rep. MOODY-LAWRENCE moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4467 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION INSTALL DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS CONTROL IN THE CITY OF ROCK HILL THAT CONTAIN THE WORDS "ST. ANNE CATHOLIC SCHOOL" AT THE INTERSECTION OF BIRD STREET AND NORTH ANDERSON ROAD, AND AT THE INTERSECTION OF EDEN TERRACE AND AT UNIVERSITY DRIVE THAT DIRECT TRAFFIC TOWARD ST. ANNE CATHOLIC SCHOOL.

H. 4477 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 13, 2008.

ADJOURNMENT

At 12:53 p.m. the House, in accordance with the motion of Rep. J. M. NEAL, adjourned in memory of George Neal Hodges of Lancaster, father of former Governor James H. Hodges, to meet at 10:00 a.m. tomorrow.

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