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 Psalm 33:20: "Our soul waits for the Lord; he is our help and shield."
Let us pray. O Lord our God, in ages past You have been our protector and shield in all areas of life. Be our help and shield as this Body deliberates the many bills and resolutions put before them. As You shield them from wrong, give them courage, integrity, and strength to accomplish the desired purpose. 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 yesterday, the SPEAKER ordered it confirmed.

Rep. HASKINS moved that when the House adjourns, it adjourn in memory of James Knorr of Greenville, which was agreed to.

The SPEAKER announced that nominations were in order for two members of the House Ethics Committee.

The following names were placed in nomination: Reps. BALLENTINE and YOUNG.

On motion of Rep. R. SMITH, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the SPEAKER announced that Reps. BALLENTINE and YOUNG were duly elected for the term prescribed by law.

The following was received:

January 15, 2008
Columbia, South Carolina

Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Initial appointment, Lee County Master-in-Equity, term commencing December 31, 2007, and expiring December 31, 2013. Stephen B. Doby, Esquire, Jennings & Jennings Law Firm, Post Office Box 106, Bishopville, South Carolina 29010

Very respectfully,
President of the Senate
Received as information.

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

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 COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE

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

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.
Ordered for consideration tomorrow.

Rep. ANTHONY, from the Union Delegation, submitted a favorable report on:

H. 4399 (Word version) -- Rep. Anthony: A BILL TO AMEND ACT 469 OF 2002, RELATING TO THE UNION COUNTY BOARD OF SCHOOL TRUSTEES AND THE UNION COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE TIME PERIOD WHEN CANDIDATES FOR ELECTION TO THE BOARD MUST FILE STATEMENTS OF CANDIDACY.
Ordered for consideration tomorrow.

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

H. 4479 (Word version) -- Reps. Shoopman, Loftis, Merrill, Gullick, Kirsh, Leach, Bedingfield, G. R. Smith, Witherspoon, Mulvaney, Ballentine, Bannister, Bowen, Brantley, Cato, Crawford, Edge, Hamilton, Harrell, Hart, Hiott, Hodges, Limehouse, Littlejohn, Mitchell, Moss, Owens,

H. 4483 (Word version) -- Reps. Cato, Harrison, Sandifer, Scarborough, Kirsh, Mitchell and Scott: A BILL TO AMEND SECTION 34-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF THE USE OF THE WORD "BANK" IN CONNECTION WITH A PURSUIT OTHER THAN BANKING, SO AS TO PROHIBIT THE USE OF A BANKING ENTITY'S LOGO OR NAME IN CONNECTION WITH A FINANCIAL TRANSACTION WITHOUT ITS WRITTEN CONSENT.
Referred to Committee on Labor, Commerce and Industry

H. 4485 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF FACILITIES AND CAMPSITES AT REDUCED RATES BY THE AGED, BLIND, OR DISABLED, SO AS TO PROVIDE THAT SUCH PERSONS MAY GAIN ADMISSION TO AND USE THE CAMPGROUNDS OF STATE PARKS AT ONE HALF THE PRESCRIBED FEE, AND TO PROVIDE THAT DISABLED VETERANS MAY GAIN ADMISSION TO AND USE THE CAMPGROUNDS OF STATE PARKS WITHOUT CHARGE.
Referred to Committee on Ways and Means

H. 4486 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-1-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT'S ELECTRONIC AND PAPER-TESTING FORMS MUST BE PRODUCED IN AN ENGLISH-ONLY FORMAT UNLESS OTHERWISE REQUIRED BY FEDERAL LAW OR REGULATION.
Referred to Committee on Education and Public Works

H. 4488 (Word version) -- Reps. Thompson, Stavrinakis, Simrill, Skelton, Duncan, Hagood, Merrill and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-130 SO AS TO REQUIRE THAT AN AMENDMENT TO THE GENERAL APPROPRIATIONS BILL AND SUPPLEMENTAL APPROPRIATIONS BILL WHICH HAS THE EFFECT OF APPROPRIATING A CERTAIN AMOUNT OF FUNDS DURING THE FISCAL YEAR MUST INCLUDE WITHIN THE AMENDMENT THE CORRESPONDING APPROPRIATION REDUCTION OR REVENUE INCREASE, OR BOTH, WITHIN THE SAME SECTION OF THE BILL.
Referred to Committee on Ways and Means

H. 4489 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 23 ENTITLED "TRAFFIC STOP INFORMATION COLLECTION" SO AS TO PROVIDE FOR THE COLLECTION AND COMPILATION OF CERTAIN INFORMATION GATHERED BY A LAW ENFORCEMENT OFFICER WHEN ISSUING A UNIFORM TRAFFIC TICKET, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO ANALYZE AND REPORT CERTAIN DATA RELATED TO STOPPED MOTOR VEHICLES DRIVEN BY MEMBERS OF EACH RACE, AND TO PROVIDE THAT THE GOVERNOR MAY WITHHOLD STATE FUNDS FROM A LAW ENFORCEMENT AGENCY WHICH FAILS

H. 4491 (Word version) -- Reps. Mahaffey, Davenport, Gullick, Hamilton, Leach, Littlejohn, Moss, Phillips, Spires and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-755 SO AS TO CREATE THE OFFENSE OF ELUDING A LAW ENFORCEMENT OFFICER AFTER A LAWFUL STOP AND TO PROVIDE FOR PENALTIES AND SUSPENSION OF THE PERSON'S DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

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.
On motion of Rep. YOUNG, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4493 (Word version) -- Reps. Merrill and Mulvaney: A BILL TO AMEND SECTIONS 12-6-510 AND 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BRACKETS AND RATES APPLICABLE FOR INDIVIDUALS, ESTATES, AND TRUSTS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT AND THE ANNUAL INFLATION ADJUSTMENT OF BRACKETS, SO AS TO PROVIDE THAT THE INCOME TAX LIABILITY OF AN INDIVIDUAL INCOME TAXPAYER IS THE LESSER OF THE AMOUNT DETERMINED BY APPLYING THE EXISTING RATES AND BRACKETS TO THE TAXPAYER'S SOUTH CAROLINA TAXABLE INCOME OR APPLYING A FLAT RATE OF 3.4 PERCENT TO THE ADJUSTED GROSS INCOME REPORTED AS THE TAXPAYER'S FEDERAL INCOME TAX RETURN AND TO UPDATE THE EXISTING BRACKETS AND RATES TO REFLECT

H. 4494 (Word version) -- Reps. Harrell, Harrison, Cooper, Walker, Cato, Witherspoon, White and Gambrell: A BILL TO AMEND SECTION 2-75-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE FINDINGS CONCERNING RESEARCH CENTERS OF ECONOMIC EXCELLENCE, SO AS TO REVISE REFERENCES AS TO SOURCES OF FUNDS FOR ENDOWED PROFESSORSHIPS; TO AMEND SECTION 2-75-30, RELATING TO CENTERS OF EXCELLENCE MATCHING ENDOWMENT, SO AS TO PROVIDE THAT INTEREST EARNINGS OF THE ENDOWMENT MAY BE USED FOR PROGRAMMATIC SUPPORT IN ACCORDANCE WITH BOARD POLICIES AND GUIDELINES; TO AMEND SECTION 2-75-50, RELATING TO APPLICATION REQUIREMENTS, SO AS TO REVISE THE FUNDING DOCUMENTATION AN APPLICATION MUST CONTAIN; TO AMEND SECTION 2-75-90, AS AMENDED, RELATING TO MEETING MATCHING REQUIREMENT WITH PRIVATE OR FEDERAL FUNDS, SO AS TO DELETE OBSOLETE LANGUAGE; BY ADDING SECTION 2-75-100 SO AS TO ALLOW SENIOR RESEARCH UNIVERSITIES TO UTILIZE A PORTION OF NONSTATE MATCHING FUNDS TO PAY FOR INITIAL OPERATING COSTS; AND BY ADDING SECTION 2-75-110 SO AS TO ALLOW THESE UNIVERSITIES TO ACCEPT AND APPLY CASH EQUIVALENT AND IN-KIND DONATIONS FROM NONSTATE SOURCES.
Referred to Committee on Ways and Means

The following was introduced:

H. 4480 (Word version) -- Rep. Hiott: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND CATHAY CANNON RODGERS FOR HER THIRTY-FOUR YEARS OF DEDICATION TO HER STUDENTS AT AMBLER ELEMENTARY SCHOOL IN PICKENS, UPON HER RETIREMENT FROM TEACHING AND TO WISH HER THE FINEST JOYS IN LIFE FOR MANY YEARS TO COME.

The Resolution was adopted.

The following was introduced:

H. 4481 (Word version) -- Rep. Hiott: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR YVONNE CORN BOLDING FOR HER THIRTY-FOUR YEARS OF INVALUABLE SERVICE TO THE STUDENTS AT AMBLER ELEMENTARY SCHOOL IN PICKENS, UPON HER RETIREMENT FROM TEACHING AND TO

The Resolution was adopted.

The following was introduced:

H. 4482 (Word version) -- Rep. Hiott: A HOUSE RESOLUTION TO ACKNOWLEDGE AND PAY TRIBUTE TO DEBORAH MOORER WILSON FOR THIRTY-THREE YEARS AS AN EDUCATOR AND FOR THIRTY YEARS OF DEVOTION TO THE KINDERGARTEN STUDENTS AT AMBLER ELEMENTARY SCHOOL IN PICKENS ON THE OCCASION OF HER RETIREMENT FROM TEACHING AND TO EXPRESS WISHES FOR MANY YEARS OF HEALTH AND HAPPINESS IN THE FUTURE.

The Resolution was adopted.

The following was introduced:

H. 4484 (Word version) -- Reps. Haley and E. H. Pitts: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MRS. MELISSA C. RAWL ON THE OCCASION OF BEING NAMED 2008 VIRCO/NASSP ASSISTANT PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS FOR HER DISTINGUISHED AND DEDICATED SERVICE AT LEXINGTON HIGH SCHOOL.

The Resolution was adopted.

The following was introduced:

H. 4490 (Word version) -- Reps. Thompson, Merrill, Stavrinakis, Simrill, Duncan, Skelton, Hagood and Owens: A HOUSE RESOLUTION TO AMEND RULE 5.3, RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE GENERAL AND SUPPLEMENTAL APPROPRIATIONS BILLS, SO AS TO DECREASE FROM FIVE MILLION TO FIVE HUNDRED THOUSAND DOLLARS THE

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
Crawford               Dantzler               Davenport
Delleney               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
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Moss                   Mulvaney               J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Scott
Shoopman               Simrill                Skelton
D. C. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson

Toole                  Umphlett               Vick
Viers                  Walker                 Weeks
White                  Whitmire               Williams
Witherspoon            Young

I came in after the roll call and was present for the Session on Wednesday, January 16.

Todd Rutherford                   Jeffrey D. Duncan
Bakari Sellers                    Michael A. Pitts
Bill Cotty                        Fletcher Smith
G. Murrell Smith                  Harold Mitchell
Jackson "Seth" Whipper
Patsy Knight   W. D. Smith

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

The SPEAKER granted Rep. KNIGHT a temporary leave of absence due to medical reasons.

Announcement was made that Dr. William C. Gerard of Columbia was the Doctor of the Day for the General Assembly.

Reps. G. R. SMITH and BEDINGFIELD presented to the House the Hillcrest High School "Lady Rams" Volleyball Team, the 2007 Class AAAA 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

Bill Number:   H. 3590 (Word version)
Date:   ADD:
01/16/08   BEDINGFIELD

Bill Number:   H. 3615 (Word version)
Date:   ADD:
01/16/08   MAHAFFEY

Bill Number:   H. 4352 (Word version)
Date:   ADD:
01/16/08   M. A. PITTS

Bill Number:   H. 4353 (Word version)
Date:   ADD:
01/16/08   M. A. PITTS

Bill Number:   H. 4367 (Word version)
Date:   ADD:
01/16/08   M. A. PITTS

Bill Number:   H. 4385 (Word version)
Date:   ADD:
01/16/08   M. A. PITTS

Bill Number:   H. 4387 (Word version)
Date:   ADD:
01/16/08   M. A. PITTS

Bill Number:   H. 4449 (Word version)
Date:   ADD:
01/16/08   MAHAFFEY

Bill Number:   H. 4470 (Word version)
Date:   ADD:
01/16/08   GAMBRELL

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/16/08   MAHAFFEY

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/16/08   LEACH

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/16/08   HUGGINS

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/16/08   PINSON

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/16/08   BEDINGFIELD

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/16/08   M. A. PITTS

Bill Number:   H. 4474 (Word version)
Date:   ADD:
01/16/08   J. R. SMITH

Bill Number:   H. 4364 (Word version)
Date:   ADD:
01/16/08   TOOLE

Bill Number:   H. 4460 (Word version)
Date:   REMOVE:
01/16/08   WITHERSPOON

Bill Number:   H. 4460 (Word version)
Date:   REMOVE:
01/16/08   J. R. SMITH

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

H. 4447 (Word version) -- Rep. Cato: A BILL TO AMEND ACT 170 OF 2007, RELATING TO THE CREATION OF A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, SO AS TO EXTEND FROM FEBRUARY 1, 2008, TO NOVEMBER 1, 2008, THE DATE BY WHICH THE COMMITTEE IS REQUIRED TO MAKE ITS REPORT TO THE GENERAL ASSEMBLY.

Rep. CATO explained the Bill.

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.

Rep. GULLICK explained the Bill.

H. 4475 (Word version) -- Reps. Knight, Hutson and Young: 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 MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 95 IN DORCHESTER COUNTY BETWEEN MILE MARKER 77 AND THE DORCHESTER/ORANGEBURG COUNTY LINE.

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

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

H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360,

Rep. G. M. SMITH proposed the following Amendment No. 4A (Doc Name COUNCIL\MS\7398AHB07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   Section 23-3-430(F) and (G) of the 1976 Code are amended to read:

"(F)   If an offender receives a pardon for the offense for which he was required to register, the offender must re-register as provided by Section 23-3-460 and may not be removed from the registry except:

(1)   as provided by the provisions of subsection (E); or

(2)   if the pardon is based on a finding of not guilty specifically stated in the pardon.

(G)   If an offender files a petition for a writ of habeas corpus or a motion for a new trial pursuant to Rule 29(b), South Carolina Rules of Criminal Procedure, based on newly discovered evidence, the offender must re-register as provided by Section 23-3-460 and may not be removed from the registry except:

(1)   as provided by the provisions of subsection (E); or

(2)(a)   if the circuit court grants the offender's petition or motion and orders a new trial; and

(b)   a verdict of acquittal is returned at the new trial or entered with the state's consent." /

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Rep. G. M. SMITH proposed the following Amendment No. 5A (Doc Name COUNCIL\MS\7397AHB07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   Section 16-3-655 of the 1976 Code, as last amended by Act 346 of 2006, is further amended by adding a new subsection at the end to read:

"(__)   A person is guilty of sexual conduct between minors if the person is seventeen or eighteen years of age and engages in consensual sexual intercourse, cunnilingus, fellatio, or anal intercourse with a younger person who is at least fourteen years of age but less than sixteen years of age. A person convicted of a violation of this subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than three years. A person convicted of a violation of this subsection is not subject to the provisions of Title 23, Charter 3, Article 7." /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Rep. G. M. SMITH proposed the following Amendment No. 8A (Doc Name COUNCIL\MS\7396AHB07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs,

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Rep. G. M. SMITH proposed the following Amendment No. 10A (Doc Name COUNCIL\MS\7465AHB08), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   Section 23-11-110(A)(5) of the 1976 Code is amended to read:

"(5)   have:

(a) obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, and have at least five years' experience as a certified law enforcement officer; or

(b)   obtained a two-year associate degree and three years' experience as a certified law enforcement officer; or

(c)   obtained a four-year baccalaureate degree and one year's experience as a certified law enforcement officer; or

(d)   served as a summary court judge for at least ten years.

For purposes of this section, a 'certified law enforcement officer' is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-6-400(D)(1) 23-23-10(E)(1)." /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.

Rep. RUTHERFORD moved to table the amendment, which was agreed to.

Rep. G. M. SMITH proposed the following Amendment No. 11A (Doc Name COUNCIL\MS\7464AHB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   Section 23-3-540(M)(2) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:

"(2)   Notwithstanding the provisions of Section 24-21-290, information gathered by a probation agent pursuant to the provisions of Section 24-21-540 23-3-540 is admissible in a criminal prosecution." /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Rep. G. M. SMITH moved to adjourn debate upon the Senate Amendments until Thursday, January 17, which was agreed to.

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

H. 3131 (Word version) -- Reps. Harrell and Umphlett: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO CERTAIN CURRENT AND RETIRED ELECTED OFFICIALS, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE UNITED STATES CONGRESS, AND TO MAKE TECHNICAL CHANGES.

Rep. WALKER 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.

Rep. MERRILL moved that the House recede until 6:30 p.m., which was agreed to.

At 6:30 p.m. the House resumed, the SPEAKER in the Chair.

The House stood at ease, subject to the call of the Chair.

At 6:55 p.m. the House resumed, the SPEAKER in the Chair.

At 7:00 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 4429 (Word version) -- Reps. Harrell, W. D. Smith, White, Cooper, Harrison, Cato, Walker, Witherspoon and Howard: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 16, 2008, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Governor Marshall C. Sanford, Jr. and distinguished party were escorted to the rostrum by Senators Peeler, Setzler, Thomas, McConnell, Hayes and Matthews and Representatives BANNISTER, BALLENTINE, HAGOOD, CLEMMONS, SCOTT and NEILSON. The President of the Senate introduced Governor Sanford who then addressed the Joint Assembly as follows:

Mr. Speaker, Mr. President, Ladies and Gentleman of the General Assembly, Constitutional Officers and my fellow South Carolinians:
It's an honor to be with you again tonight to deliver my view of the State of our State, but as I've done in the past, I'd first ask we pay tribute to the South Carolinians who died fighting in the Middle East over the last year.
From different corners of our State, these thirteen died in efforts to bring greater freedoms to that part of the world, and whether you agree or disagree with that effort, the service and sacrifice of men and women in uniform should serve as a constant reminder to all of us that freedom is not free.
Military families bear this cost, and know the price - and these soldiers made the ultimate of sacrifices while serving in uniform.

I want to thank a few other people as well. I frequently raise the fact that the cost of our State government is a real problem, but, in identifying this, it is important to recognize that the problem is rooted in our structure, not in our employees. For this reason, I'd ask that you join me in recognizing a state employee who is representative of so many who oftentimes work without recognition. His name is Billy Roberts, and he has worked for the State for about the past 30 years.
I also want to recognize a person who is representative of tens of thousands in the private sector who go about their job without recognition or praise, but who nonetheless are the real heroes in our economy. Folks like Norris Ashford who runs Cottman Transmission here in Columbia. His work creates opportunities for the people who work there, and these businesses and individuals pay the taxes that make government services possible in the first place.
Finally, I'd recognize my Cabinet for their hard work in administering their respective fields of government. We've had some changes in the guard since last year, so I specifically want to recognize Colonel Emma Forkner at the Department of Health and Human Services, Scott Richardson at the Department of Insurance, Buck Limehouse at the Department of Transportation, Kathleen Hayes at the Department of Social Services - and Reggie Lloyd, who we just nominated at the State Law Enforcement Division.
Last year, in my second Inaugural Address, I said that I believed that the "keys to change were in our collective hands." I still believe that, but for keys to have value they must be used. And so tonight I will talk about why it's important we break from the status quo on a range of areas, and why it's important we do many things differently here in

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

At 7:56 p.m. the House resumed, the SPEAKER in the Chair.

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

The Senate returned to the House with concurrence the following:

H. 4397 (Word version) -- Reps. Ott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith,

H. 4436 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO DESIGNATE JANUARY 2008 AS SOUTH CAROLINA SCHOOL BOARD MEMBER RECOGNITION MONTH TO HONOR SCHOOL BOARD MEMBERS FOR THEIR EXCEPTIONAL COMMITMENT TO IMPROVING PUBLIC EDUCATION FOR ALL SOUTH CAROLINA SCHOOLCHILDREN.

At 7:58 p.m. the House, in accordance with the motion of Rep. HASKINS, adjourned in memory of James Knorr of Greenville, to meet at 10:00 a.m. tomorrow.

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