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 50:9a: "It is the Lord God who helps me."
Let us pray. Awaken us, O Lord, to the instructions You give and help us in times of need. Teach us anew each day to have faith in You and rely on You for all blessings. Help us to believe in Your promise that we belong to You. Be our guide this day as these Representatives continue their work. 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. WITHERSPOON moved that when the House adjourns, it adjourn in memory of Mrs. Mildred Wingard Twilley of Langley, which was agreed to.

The following was received:

Columbia, S.C., March 20, 2008
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an interim appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission
Term Commencing: May 31, 2005
Term Expiring: May 31, 2010
Seat: 4th Congressional District
Vice: Mr. Johnnie M. Walters

Initial Appointment

Mr. J. B. Holeman
105 Haddon Lane
Greer, South Carolina 29651

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

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

March 25, 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 Electric, Telephone and Gas Utilities the Members and attaches of the House of Representatives are invited to a "Spring Fling". This event will be held on Wednesday, May 21, 2008, at 6:00 p.m. at The Coop, 1100 Key Road.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 9 (Word version) -- Senators Hayes, Campsen, Sheheen, McConnell, Mescher, McGill, Knotts, Fair and Elliott: A BILL TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL REPRESENTATION OF CHILDREN, INCLUDING THE APPOINTMENT OF GUARDIANS AD LITEM, SO AS TO PROVIDE THAT THE COURT MAY APPOINT AN ATTORNEY FOR A LAY GUARDIAN AD LITEM BUT MAY NOT IF THE GUARDIAN AD LITEM IS AN ATTORNEY.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4018 (Word version) -- Reps. E. H. Pitts, Toole and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-515 SO AS TO PERMIT AMERICAN INDIAN ARTISTS WHO ARE MEMBERS OF A TRIBE RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO ADVERTISE AND SELL THEIR ARTS AND CRAFTS CONTAINING WILD TURKEY FEATHERS UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

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.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 741 (Word version) -- Senator Courson: A BILL TO AMEND CHAPTER 18, TITLE 27 OF THE 1976 CODE, RELATING TO THE UNIFORM UNCLAIMED PROPERTY ACT, TO REDUCE THE DORMANCY PERIOD FOR SECURITIES FROM SEVEN YEARS TO THREE YEARS, TO UPDATE A REFERENCE, AND TO ELIMINATE THE REQUIREMENT OF A CIVIL PENALTY FOR A PERSON WHO FAILS TO RENDER A REPORT, PERFORM A DUTY, OR DELIVER PROPERTY AS REQUIRED PURSUANT TO THIS CHAPTER.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 936 (Word version) -- Senators McConnell, Hayes, Martin, Thomas, O'Dell, Ford and Knotts: A BILL TO AMEND CHAPTER 3 OF TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COMMERCIAL CODE--NEGOTIABLE INSTRUMENTS, AND CHAPTER 4 OF TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE--BANK DEPOSITS AND COLLECTIONS, SO AS TO, INTER ALIA, ACCOMMODATE THE LAW TO TECHNOLOGICAL ADVANCES IN THE PROCESSES OF COLLECTION AND PAYMENT OF CHECKS BY PROVIDING

H. 4229 (Word version) -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-130 SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE TAPE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO MUNICIPAL JURY COMMISSIONERS FOR USE IN SELECTING MUNICIPAL JURIES; AND TO AMEND SECTIONS 14-25-125 AND 14-25-155, BOTH RELATING TO THE COMPOSITION OF MUNICIPAL COURT JURY LISTS, BOTH SO AS TO PROVIDE THAT THE JURY LIST TO BE USED BY THE MUNICIPALITY IS THE LIST PREPARED BY THE JURY COMMISSIONERS FROM THE LATEST OFFICIAL LIST PROVIDED BY THE STATE ELECTION COMMISSION.
Ordered for consideration tomorrow.

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

H. 4884 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-290 SO AS TO PROVIDE THAT THE DRIVER'S LICENSE OF A PERSON WHO OPERATES AN UNINSURED MOTOR VEHICLE MAY BE SUSPENDED FOR A PERIOD OF NOT MORE THAN ONE YEAR.
Referred to Committee on Judiciary

H. 4885 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 1, TITLE 40 SO AS TO ENACT THE "VOLUNTEER HEALTH CARE SERVICES ACT" PROVIDING FOR A SPONSORING ORGANIZATION TO ARRANGE FOR THE VOLUNTARY PROVISION OF FREE HEALTH CARE SERVICES BY LICENSED HEALTH CARE PROVIDERS, PROVIDING THAT A SPONSORING ORGANIZATION MUST REGISTER WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO MAINTAIN AND PROVIDE UPON REQUEST, INFORMATION

H. 4886 (Word version) -- Reps. Brady, Gullick, Agnew, Bannister, Bowen, Clyburn, Erickson, Funderburk, Gambrell, Harrison, Hosey, Jefferson, Neilson, Sandifer, Spires, Taylor and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 37 SO AS TO ENACT THE "CHILD SAFE PRODUCT ACT" TO PROHIBIT THE SALE OF CHILDREN'S PRODUCTS OR COMPONENTS THAT CONTAIN SPECIFIED AMOUNTS OF CADMIUM, PHTHALATES, OR LEAD, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IDENTIFY CHEMICALS THAT ARE OF HIGH CONCERN TO THE HEALTH OF CHILDREN AND DEVELOPING FETUSES, TO PROVIDE THAT MANUFACTURERS OF CHILDREN'S PRODUCTS THAT CONTAIN SUCH CHEMICALS MUST PROVIDE NOTICE TO THE DEPARTMENT AND TO RETAILERS WHO SELL THESE PRODUCTS, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A PRODUCT SAFETY EDUCATION CAMPAIGN, TO PROVIDE FOR PENALTIES FOR VIOLATION OF THIS CHAPTER, AND TO DEFINE CERTAIN TERMS.
Referred to Committee on Labor, Commerce and Industry

H. 4887 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-54-52 AND 12-54-53 SO AS TO PROVIDE THAT, FOR PURPOSES OF TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE,

H. 4888 (Word version) -- Reps. Sellers, J. H. Neal and Hart: A BILL TO AMEND SECTION 59-65-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPULSORY SCHOOL ATTENDANCE, SO AS TO PROVIDE THAT A CHILD MUST ATTEND SCHOOL UNTIL HE ATTAINS THE AGE OF EIGHTEEN; TO AMEND

H. 4889 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTIONS FOR DUES OF STATE ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTIONS FOR THE PAYMENT OF MEMBERSHIP DUES OF THE SOUTH CAROLINA EDUCATION ASSOCIATION, TO DELETE THE REQUIREMENT THAT NO DEDUCTION BE PAID TO A NATIONAL OR MULTI-STATE ASSOCIATION OR GROUP, AND TO PROVIDE THAT PAYROLL DEDUCTIONS FOR SUCH DUES MUST CEASE EFFECTIVE WITH THE FIRST PAYROLL DATE OCCURRING MORE THAN TWELVE MONTHS AFTER THE LAST DETERMINATION.
Referred to Committee on Ways and Means

H. 4890 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 44-96-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CERTAIN LANDFILLS, SO AS TO PROVIDE AN OPERABLE FIRE HYDRANT MUST BE LOCATED WITHIN TWO HUNDRED FEET OF THE ENTRANCE TO A CONSTRUCTION, DEMOLITION, AND LAND-CLEARING DEBRIS LANDFILL FOR WHICH THE DEPARTMENT OF

H. 4891 (Word version) -- Reps. Bannister, Coleman, Brantley, Whipper, Bedingfield, Leach, Davenport, Bowen, Brady, Cato, Delleney, Gambrell, Hamilton, Littlejohn, Mahaffey, Rice, Sandifer, Shoopman, Simrill, G. R. Smith, Spires, Thompson and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-25 SO AS TO CREATE THE OFFENSE OF FALSE STATEMENTS OR WRITINGS BY PUBLIC OFFICERS OR EMPLOYEES RELATING TO THE PROCUREMENT PROCESS, TO PROVIDE A PENALTY, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary

H. 4892 (Word version) -- Reps. Haley, Loftis, Cato, Walker, Merrill, Huggins, Hutson, Harrell, E. H. Pitts, Hodges, Spires, Bowen, Ballentine, Funderburk, Knight, Cobb-Hunter, Jefferson, Ott, Owens, Sandifer and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3640 SO AS TO CREATE THE "ENERGY INDEPENDENCE AND SUSTAINABLE HOMES ACT"; TO AMEND SECTION 12-6-3587, AS AMENDED, RELATING TO THE PURCHASE AND INSTALLATION OF CERTAIN SOLAR ENERGY HEATING OR COOLING SYSTEMS, SO AS TO PROVIDE A LOCAL GOVERNMENT OR HOMEOWNERS ASSOCIATION MAY NOT PROHIBIT THE INSTALLATION OF A SOLAR ENERGY HEATING OR COOLING SYSTEM IN A RESIDENTIAL HOME.
Referred to Committee on Labor, Commerce and Industry

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

Agnew                  Anderson               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
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Erickson               Frye                   Funderburk
Gambrell               Govan                  Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Hiott                  Hodges                 Hosey
Howard                 Huggins                Hutson
Jefferson              Jennings               Kennedy
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               Merrill                Miller
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Sellers
Shoopman               Simrill                D. C. Smith
F. N. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Walker                 Weeks                  Whipper
White                  Whitmire               Williams
Witherspoon            Young

I came in after the roll call and was present for the Session on Wednesday, March 26.

Terry Alexander                   Denny Neilson
James E. Stewart                  Karl Allen
Walton McLeod                     John Scott
William Bowers                    Harold Mitchell
Thad Viers                        G. Murrell Smith

The SPEAKER granted Rep. SKELTON a leave of absence for today and tomorrow due to illness.

The SPEAKER granted Rep. KELLY a leave of absence for the day to attend a case in Federal Court to which he is appointed counsel.

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

Rep. JENNINGS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 25.

Rep. GULLICK presented to the House the Springfield Middle School Mock Trial Team State, the Mock Trial Team 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. 4493 (Word version)
Date:   ADD:
03/26/08   G. M. SMITH

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   ANTHONY

Bill Number:   H. 4673 (Word version)
Date:   ADD:
03/26/08   TOOLE

Bill Number:   H. 4493 (Word version)
Date:   ADD:
03/26/08   J. R. SMITH

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   BOWEN

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   DAVENPORT

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   DANTZLER

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   HODGES

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   R. BROWN

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   MILLER

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   HOSEY

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   CLYBURN

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   J. H. NEAL

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   GULLICK

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   M. A. PITTS

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   NEILSON

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   F. N. SMITH

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   HAMILTON

Bill Number:   H. 4460 (Word version)
Date:   ADD:
03/26/08   HASKINS

Bill Number:   H. 4549 (Word version)
Date:   ADD:
03/26/08   LOFTIS

Bill Number:   H. 4534 (Word version)
Date:   ADD:
03/26/08   LOFTIS

Bill Number:   H. 4798 (Word version)
Date:   ADD:
03/26/08   WALKER

Bill Number:   H. 4815 (Word version)
Date:   ADD:
03/26/08   MAHAFFEY

Bill Number:   H. 4673 (Word version)
Date:   ADD:
03/26/08   MAHAFFEY

Bill Number:   H. 4798 (Word version)
Date:   ADD:
03/26/08   MAHAFFEY

Bill Number:   H. 4493 (Word version)
Date:   ADD:
03/26/08   TOOLE

Bill Number:   H. 4493 (Word version)
Date:   ADD:
03/26/08   BOWEN

Bill Number:   H. 4745 (Word version)
Date:   REMOVE:
03/26/08   KNIGHT

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

S. 1209 (Word version) -- Senator Patterson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 10, 2007, BY THE STUDENTS OF GREENVIEW ELEMENTARY SCHOOL WHEN THE SCHOOL WAS CLOSED DUE TO A COLLAPSED CEILING, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER DISRUPTIONS BE MADE UP.

H. 4534 (Word version) -- Reps. M. A. Pitts, Owens, Simrill, Davenport, Hosey, Leach, McLeod, Moss, Phillips, Thompson and Loftis: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR

Rep. M. A. PITTS explained the Bill.

S. 1047 (Word version) -- Senators Grooms, Campbell and Campsen: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO CREATE NEW PRECINCTS, REDESIGNATE AND RENAME CERTAIN PRECINCTS, AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

The following Bill and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

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.

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.

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,

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

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".

Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, March 27, which was adopted:

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, Williams and Spires: 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.

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, March 27, which was adopted:

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 RECORD FOR VIOLATING CERTAIN PROVISIONS THAT REGULATE THE OPERATION OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT FOUR POINTS MUST BE ASSESSED AGAINST THE DRIVING RECORD OF A PERSON FOR THE IMPROPER OPERATION OF A VEHICLE WHEN APPROACHING A STATIONARY EMERGENCY VEHICLE; AND TO AMEND SECTION 56-5-1538, RELATING TO THE MANAGEMENT OF AN EMERGENCY SCENE AND PENALTIES FOR A VIOLATION OF THIS PROVISION, SO AS TO REUSE THE DEFINITION OF AN EMERGENCY SCENE, TO PROVIDE THAT ALL PERSONS DRIVING IN OR THROUGH AN EMERGENCY SCENE MUST EXERCISE DUE REGARD FOR THE SAFETY OF ALL PERSONS WHEN HE DRIVES TO OR FROM AN EMERGENCY SCENE, TO PROVIDE THAT A PERSON WHO COMMITS A MOVING VIOLATION IN AN EMERGENCY IS SUBJECT TO A FINE THAT IS DOUBLE THE FINE OTHERWISE PRESCRIBED FOR THAT MOVING VIOLATION, AND TO PROVIDE THAT CERTAIN CONDUCT BY A DRIVER CONSTITUTES A FACTOR IN AGGRAVATION.

Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, March 27, 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, Limehouse, Owens, Gullick, Knight and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, March 27, 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, Loftis, Vick, Owens and Knight: 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 PERCENT STATE INDIVIDUAL INCOME RATE TO A TAX RATE OF ZERO, SO AS TO PROVIDE FURTHER RATE REDUCTIONS FOR MARRIED TAXPAYERS BY REDUCING THE THREE PERCENT RATE TO TWO PERCENT OVER THREE YEARS AND TO DEFINE "MARRIED TAXPAYER" CONSISTENTLY WITH THE DEFINITION FOR MARRIAGE PROVIDED IN THE CONSTITUTION OF THIS STATE.

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

H. 4566 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING THE OFFICE OF GENERAL COUNSEL OF THE STATE BUDGET AND CONTROL BOARD TO NEGOTIATE AND SATISFY THE FEE AWARD ENTERED BY THE SOUTH CAROLINA SUPREME COURT IN LAYMAN, ET AL VS. THE STATE OF SOUTH CAROLINA AND TO PROVIDE THE SOURCES OF FUNDS AND AUTHORIZE THEIR EXPENDITURE FOR THAT PURPOSE.

Rep. COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10451HTC08), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/ SECTION   1.   (A) The Insurance Reserve Fund is authorized to expend funds necessary to resolve the outstanding fee award judgment entered by the South Carolina Supreme Court against the defendants in Layman, et al. vs. The State of South Carolina, et al. Any funds expended by the Insurance Reserve Fund to resolve this fee award judgment must be reimbursed with lost earnings as calculated by the State Treasurer as provided pursuant to subsection (B) of this section.

(B)   The Comptroller General is authorized and directed to reimburse the Insurance Reserve Fund for any funds it expends and lost earnings to resolve the fee award judgment entered by the State Supreme Court in Layman, et al. vs. The State of South Carolina, et al. Notwithstanding any other provision of law, the source of funds the Comptroller General shall use for reimbursement are state funds lapsed or remitted to the general fund of the State at the end of fiscal year 2007-2008. Reimbursement of the Insurance Reserve Fund is the first priority for these lapsed and remitted funds regardless of any provisions of law to the contrary including provisions of the annual general appropriation act for fiscal year 2008-2009. To the extent that this identified fund source is inadequate to reimburse the Insurance Reserve Fund, the Comptroller General is directed to reduce the percent of agency appropriations that may be carried forward under the authority of Part IB, General Provisions of the general appropriations act that allows agencies to carry forward up to ten percent of their general funds. /

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

Reps. COOPER and HARRELL proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20607SD08), which was adopted:
Amend the joint resolution, as and if amended, by adding a new section appropriately numbered to read:
/SECTION   _____.   Section 15-77-300 of the 1976 Code is amended to read:

"Section 15-77-300.   (A)   In any civil action brought by the State, any political subdivision of the State or any party who is contesting state action, unless the prevailing party is the State or any political subdivision of the State, the court may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if:

(1)   The court finds that the agency acted without substantial justification in pressing its claim against the party; and

(2)   The court finds that there are no special circumstances that would make the award of attorney's fees unjust.

(B)(1)   Attorney's fees allowed pursuant to subsection (A) must be limited to a reasonable time expended at a reasonable hourly rate and the attorney's fees awarded shall not be in excess of one hundred twenty-five dollars per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceeding involved, justifies a higher fee;

(2)   However, in no event shall a prevailing party be allowed to shift attorney's fees pursuant to this section that exceed the fees that the party was contracted to pay counsel for work on the litigation;

(3)   Beginning January 1, 2009, should the Attorney General determine that the one hundred twenty-five dollars per hour maximum as provided for in subsection (B)(1) should be adjusted to reflect the current market conditions, the Attorney General may adjust the maximum hourly rate based upon the prevailing and customary hourly rate that the Attorney General typically approves for attorneys in South Carolina engaged to represent the State in tort litigation.

(C)   The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions

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

The Senate Amendments, as amended, were then agreed to and the Joint Resolution was ordered returned to the Senate.

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

H. 4364 (Word version) -- Reps. M. A. Pitts, Littlejohn, Toole and McLeod: A BILL TO AMEND SECTION 16-23-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF HANDGUNS TO CERTAIN PERSONS, SO AS TO ALLOW PERSONS UNDER TWENTY-ONE YEARS OF AGE TO LAWFULLY POSSESS HANDGUNS IF ENGAGED IN THE BUSINESS OF DEALING IN FIREARMS IN THE ORDINARY COURSE OF BUSINESS.

Rep. M. A. PITTS 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 Senate Amendments to the following Bill were taken up for consideration:

H. 3219 (Word version) -- Reps. Harrison, Cotty and McLeod: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW

Rep. HARRISON 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 Senate Amendments to the following Bill were taken up for consideration:

S. 668 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-11-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF CHAPTER 11, TITLE 40 (CONTRACTORS LICENSING ACT), SO AS TO EXEMPT A PROJECT IF IT IS A METAL FARM BUILDING LESS THAN FIVE THOUSAND SQUARE FEET USED ONLY FOR LIVESTOCK OR STORAGE.

Rep. CATO explained the Senate Amendments.

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

H. 3410 (Word version) -- Reps. Edge, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION DECLARING JANUARY 2007, AS GLAUCOMA AWARENESS MONTH.

Rep. LOFTIS moved to adjourn debate upon the Senate Amendments until Thursday, March 27, which was agreed to.

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

H. 3212 (Word version) -- Reps. Delleney, M. A. Pitts, Haley, Crawford, Chellis, G. R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF

Rep. DELLENEY explained the Senate Amendments.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

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

H. 4681 (Word version) -- Reps. Knight, Hutson, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION REMOVE THE SIGNS THAT CONTAIN THE WORDS "THE MINUS BRIDGE" THAT WERE ERECTED AT THE BRIDGE THAT CROSSES FOUR HOLE SWAMP ALONG UNITED STATES HIGHWAY 78 IN DORCHESTER COUNTY PURSUANT TO H. 5232 OF 2004, AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THE WORDS 'MUCKENFUSS (1792-1813) MINUS (1813-1848) HARLEY (1848-1862) BRIDGE'.

Rep. KNIGHT explained the Senate Amendments.

The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Thursday, March 27, 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

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

Rep. STAVRINAKIS moved to adjourn debate upon the following Bill until Wednesday, April 2, 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. SCARBOROUGH moved that the House do now adjourn, which was agreed to.

At 11:01 a.m. the House, in accordance with the motion of Rep. WITHERSPOON, adjourned in memory of Mrs. Mildred Wingard Twilley of Langley, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Monday, June 22, 2009 at 12:03 P.M.