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 143:10: "Teach me to do your will, for you are my God; may your good Spirit lead me on level ground."
Let us pray. O incarnate God, thank You for dwelling among us and guiding us and directing us in the ways You want us to be. Faithful God, give these Representatives and staff the wisdom to discern where and how to use their faithful, political life. Bless our Nation, President, State, Governor, Speaker, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us, O Lord, 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. WEEKS moved that when the House adjourns, it adjourn in memory of the Reverend Richard Baxter of Sumter, which was agreed to.

The following was received:

Columbia, S.C., February 11, 2009
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 235:

S. 235 (Word version) -- Senator Rose: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR DORCHESTER SCHOOL DISTRICT NO. 2

Very respectfully,
President
Received as information.

The following was introduced:

H. 3502 (Word version) -- Reps. Weeks, G. M. Smith, J. H. Neal, G. A. Brown, Lowe, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE ETA ZETA OMEGA CHAPTER OF ALPHA KAPPA ALPHA SORORITY ON THE CHAPTER'S

The Resolution was adopted.

The following was introduced:

H. 3503 (Word version) -- Reps. McLeod, Huggins and Ballentine: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE CHAPIN HIGH SCHOOL COMPETITIVE CHEERLEADING TEAM ON ITS IMPRESSIVE WIN OF THE SOUTH CAROLINA HIGH SCHOOL LEAGUE'S 2008 CLASS AAA STATE CHEERLEADING CHAMPIONSHIP, AND TO HONOR THE TEAM, HEAD COACH VICKI WILLIAMS, AND ASSISTANT COACH BILLIE WILLIAMS ON ANOTHER OUTSTANDING SEASON.

The Resolution was adopted.

The following was introduced:

H. 3504 (Word version) -- Rep. J. H. Neal: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND BISHOP THEODORE R. MYERS UPON THE OCCASION OF HIS THIRTIETH ANNIVERSARY AS FOUNDING PASTOR OF TEMPLE OF FAITH BIBLE WAY CHURCH OF RICHLAND COUNTY AND TO EXPRESS APPRECIATION FOR HIS OUTSTANDING SERVICE TO THE PEOPLE OF THE LOWER RICHLAND COMMUNITY.

The Resolution was adopted.

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

H. 3505 (Word version) -- Reps. McLeod, Huggins and Ballentine: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHAPIN HIGH SCHOOL COMPETITIVE CHEERLEADING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Chapin High School Competitive Cheerleading team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on winning the South Carolina High School League's 2008 Class AAA State Cheerleading Championship.

The Resolution was adopted.

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

H. 3506 (Word version) -- Reps. Brady and Harrison: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CARDINAL NEWMAN SCHOOL CHEERLEADING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Cardinal Newman School cheerleading team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the

The Resolution was adopted.

The following was introduced:

H. 3507 (Word version) -- Reps. Brady and Harrison: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE CARDINAL NEWMAN SCHOOL CHEERLEADING TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL CHEERLEADERS, COACHES, AND STAFF.

The Resolution was adopted.

The following was introduced:

H. 3508 (Word version) -- Reps. Barfield, Sandifer, Cato, Ott, Duncan, Pinson, Vick, Brantley, Lucas, Alexander, Erickson, Hardwick, Hiott, Moss, Haley, Jefferson, Allen, Bowen, Edge, Allison, Anthony, Bales, Ballentine, Bannister, Battle, Bowers, Brady, Branham, G. A. Brown, Clemmons, Cole, Cooper, Crawford, Daning, Delleney, Forrester, Gambrell, Gilliard, Gullick, Hamilton, Harrison, Hayes, Herbkersman, Hodges, Horne, Hutto, Kelly, Knight, Littlejohn, Long, Lowe, Mack, Miller, Mitchell, Nanney, J. M. Neal, Neilson, Owens, Parker, E. H. Pitts, M. A. Pitts, Rice, Scott, D. C. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Spires, Toole, Umphlett, Viers, Weeks, White, Whitmire, Williams, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO ADDRESS THE ISSUE OF GLOBAL CLIMATE CHANGE THROUGH THE ADOPTION OF A FAIR AND EFFECTIVE APPROACH THAT SAFEGUARDS AMERICAN JOBS, ENSURES AFFORDABLE ENERGY FOR CITIZENS, AND MAINTAINS AMERICA'S GLOBAL COMPETITIVENESS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 3509 (Word version) -- Reps. M. A. Pitts, Duncan, Thompson, Bowen, Toole, Stringer, Hamilton, Pinson, Bedingfield, G. R. Smith, Cooper, Crawford, Long, Lowe, Nanney, Owens, E. H. Pitts, Rice, Viers and White: A CONCURRENT RESOLUTION TO AFFIRM THE RIGHTS OF ALL STATES INCLUDING SOUTH CAROLINA BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3510 (Word version) -- Rep. Duncan: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FUTURE FARMERS OF AMERICA (FFA) MEMBERS AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING AGRICULTURAL EDUCATION STUDENTS, AND JOIN WITH THEM IN OBSERVANCE OF NATIONAL FFA WEEK, FEBRUARY 21-28, 2009.

Whereas, the Future Farmers of America (FFA) is a national organization of more than one-half million students of agricultural education in secondary schools, community colleges, and universities with chapters in all fifty states, Puerto Rico, and the Virgin Islands; and

Whereas, South Carolina FFA members are recognized at the local, state, national, and international levels for their superb leadership skills, academic achievements, agricultural training, patriotism, and community service; and

Whereas, a majority of the FFA members in South Carolina participate in post high school educational pursuits including community colleges and universities; and

Whereas, many South Carolina FFA members are preparing for one of the more than three hundred career opportunities in the science,

Whereas, the agricultural educators who serve as advisors to FFA chapters in South Carolina are known and respected throughout the nation for their exemplary leadership in planning and implementing superb programs; and

Whereas, the mission of the FFA is to make a positive difference in the lives of students by developing their potential for premier leadership, personal growth, and career success through agriculture education. Now, therefore,

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

That the South Carolina General Assembly hereby recognizes and commends South Carolina's Future Farmers of America (FFA) members and all who support, promote, and encourage these outstanding agricultural education students, and join with them in observance of National FFA Week, February 21-28, 2009.

Be it further resolved that a copy of this resolution be provided to the appropriate state FFA officials in South Carolina.

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

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

H. 3511 (Word version) -- Reps. Stringer, Wylie and T. R. Young: A HOUSE RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 18, 2009, "CITIES MEAN BUSINESS DAY" AND TO CELEBRATE THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY THROUGH THEIR RELATIONSHIPS WITH LOCAL BUSINESSES.

Whereas, cities and towns are considered hometowns for their residents, providing a sense of place and spirit of community to all within and around their municipal boundaries; and

Whereas, cities and towns provide essential services such as law enforcement, fire protection, health and sanitation, recreation, and growth and development controls to protect and enhance the quality of life for all citizens; and

Whereas, the amenities and services that cities and towns provide to residents attract business and industry to the region; and

Whereas, locally elected mayors and council members supply the leadership that guides municipal growth and development, leading to the success of the State and region, while dedicated municipal employees provide the services for residents that contribute to quality of life and local business success; and

Whereas, healthy, financially sound, and economically strong cities and towns are essential to the welfare of the State, and the two hundred seventy duly incorporated municipalities within South Carolina deserve recognition and praise for their outstanding efforts to help this great State build yet greater vitality through dynamic relationships with local businesses. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, declare Wednesday, February 18, 2009, "Cities Mean Business Day" and celebrate the valuable contributions South Carolina cities and towns make to our state's economic prosperity through their relationships with local businesses.

The Resolution was adopted.

The following was introduced:

H. 3512 (Word version) -- Reps. Bales, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR RESERVE DEPUTY JOSEPH P. ARNOT OF RICHLAND COUNTY UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR EIGHT YEARS OF DEDICATED VOLUNTEER SERVICE WITH THE RICHLAND COUNTY SHERIFF'S DEPARTMENT, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

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

The following was introduced:

H. 3513 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE PICKENS HIGH SCHOOL "LADY BLUE FLAME" VOLLEYBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2008 CLASS AAA STATE CHAMPIONSHIP, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACH, AND STAFF.

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

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

H. 3514 (Word version) -- Rep. Hiott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PICKENS HIGH SCHOOL "LADY BLUE FLAME" VOLLEYBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2008 CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Pickens High School "Lady Blue Flame" volleyball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2008 Class AAA State Championship title.

The Resolution was adopted.

The following was introduced:

H. 3515 (Word version) -- Reps. White, Agnew, Bowen, Cooper and Gambrell: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MIKE HUNT, ASSISTANT CHIEF OF THE ANDERSON COUNTY FIRE DEPARTMENT, UPON BEING NAMED THE 2008 ANDERSON COUNTY FIREFIGHTER OF THE YEAR, AND TO EXPRESS DEEP GRATITUDE FOR HIS DEDICATED SERVICE TO THE CITIZENS OF HIS COMMUNITY.

The Resolution was adopted.

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

H. 3516 (Word version) -- Reps. Barfield, Brantley, Agnew, Alexander, Allison, Anthony, Bales, Ballentine, Bannister, Bedingfield, Bingham, Bowen, Bowers, Branham, G. A. Brown, H. B. Brown, Clemmons, Clyburn, Crawford, Daning, Delleney, Edge, Erickson, Gullick, Haley, Hardwick, Hayes, Hearn, Herbkersman, Hiott, Horne, Kelly, King, Kirsh, Knight, Littlejohn, Long, Lowe, Lucas, Merrill, Miller, Moss, Nanney, J. M. Neal, Owens, Parker, Pinson, E. H. Pitts, M. A. Pitts, Rice, D. C. Smith, G. M. Smith, J. R. Smith, J. E. Smith, Sottile, Spires, Stringer, Toole, Viers, Weeks, Wylie, A. D. Young and T. R. Young: A BILL TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE CONSOLIDATED PROCUREMENT CODE INCLUDING THE DEFINITION OF A TERM CONTRACT, SO AS TO PROVIDE THAT A SOLICITATION BY COMPETITIVE ONLINE BIDDING MAY NOT BE USED FOR TERM CONTRACTS; AND TO AMEND SECTION 11-35-1529, RELATING TO COMPETITIVE ONLINE BIDDING, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO TERM CONTRACTS.
Referred to Committee on Ways and Means

H. 3517 (Word version) -- Reps. Neilson, Bales, Clyburn, Crawford, Herbkersman, Hosey, Hutto, Jefferson, Long, J. M. Neal, E. H. Pitts, Toole and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH

H. 3518 (Word version) -- Reps. J. H. Neal, Clyburn, Hosey, Mack, Miller and Weeks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF SUFFRAGE, BY ADDING SECTION 12 SO AS TO AUTHORIZE A PROCEDURE BY WHICH A CANDIDATE FOR ELECTIVE OFFICE MAY FINANCE HIS CAMPAIGN WITH PUBLIC FUNDS AS THE GENERAL ASSEMBLY MAY DETERMINE.
Referred to Committee on Judiciary

H. 3519 (Word version) -- Reps. J. H. Neal, Brantley, Clyburn, Dillard, Hosey, Littlejohn, Mack, Miller and Weeks: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA CLEAN ELECTIONS STUDY COMMITTEE, TO REQUIRE THE COMMITTEE TO MAKE A REPORT OF ITS FINDINGS NO LATER THAN JANUARY 15, 2010, TO PROVIDE FOR THE MATTERS THE COMMITTEE SHALL CONSIDER, TO PROVIDE FOR THE COMPOSITION OF THE COMMITTEE, AND TO PROVIDE WHEN THE COMMITTEE SHALL DISSOLVE.
Referred to Committee on Judiciary

H. 3520 (Word version) -- Reps. J. H. Neal, Hosey, Mack and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY

H. 3521 (Word version) -- Rep. Sellers: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO REVIEW THE EVENTS OF FEBRUARY 8, 1968, REFERRED TO AS THE "ORANGEBURG MASSACRE", AND TO MAKE A REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR ASCERTAINING THE ACTUAL EVENTS OF THAT DAY AND CONCERNING THE HISTORICAL, SOCIAL, AND ETHICAL RAMIFICATIONS OF THOSE EVENTS; TO PROVIDE FOR THE COMMITTEE'S MEMBERSHIP, STAFF, AND REPORTING REQUIREMENTS; AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.
Referred to Committee on Judiciary

H. 3522 (Word version) -- Reps. A. D. Young and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 48-39-40 RELATING TO THE CREATION OF THE COASTAL ZONE MANAGEMENT APPELLATE PANEL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3523 (Word version) -- Rep. Skelton: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE SMOKING IS PROHIBITED, SO AS TO PROVIDE SMOKING IS PROHIBITED IN ALL PUBLIC INDOOR PLACES, TO DELETE CERTAIN REFERENCES TO DESIGNATED SMOKING AREAS IN PUBLIC INDOOR PLACES, AND TO EXEMPT PRIVATE CLUBS; AND TO REPEAL SECTION 44-95-30 RELATING TO DESIGNATED SMOKING AND NONSMOKING AREAS, AND SECTION 44-95-40 RELATING TO SEPARATION OF SMOKING AND NONSMOKING AREAS.
Referred to Committee on Judiciary

H. 3525 (Word version) -- Reps. Hamilton, Nanney, Brantley, Bannister, Cobb-Hunter, Hodges, Hosey, Stringer and Wylie: A BILL TO AMEND SECTION 58-12-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE COMPANIES MAKING A CHANNEL AVAILABLE TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO PROVIDE THAT CABLE COMPANIES MUST ALSO OFFER A CABLE SERVICE TIER THAT ALLOWS SUBSCRIBERS TO CHOOSE CHANNELS ON AN INDIVIDUAL PER-CHANNEL BASIS.
Referred to Committee on Labor, Commerce and Industry

H. 3526 (Word version) -- Reps. Barfield, Vick, Stringer, Owens, Pinson, Hamilton, Bannister, Duncan, Nanney, Willis, Wylie, Toole, G. R. Smith, Bedingfield, Erickson, Moss, Hiott, Allison, Ballentine, Bingham, Bowen, G. A. Brown, Cole, Cooper, Daning, Frye, Hayes, Herbkersman, Horne, Littlejohn, Loftis, Lowe, Merrill, Mitchell, Parker, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scott, D. C. Smith, J. R. Smith, J. E. Smith, Stewart and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 1, TITLE 1 SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO LIFE FOR EACH BORN AND PREBORN HUMAN BEING VESTS AT FERTILIZATION, AND THAT THE RIGHTS OF DUE PROCESS AND EQUAL PROTECTION, GUARANTEED BY ARTICLE I, SECTION 3 OF THE CONSTITUTION OF THIS STATE, VEST AT

H. 3527 (Word version) -- Reps. Barfield, Vick, Pinson, J. R. Smith, Stringer, G. R. Smith, Bedingfield, Hamilton, Erickson, Moss, Nanney, Duncan, Alexander, Allison, Bingham, Bowen, G. A. Brown, Gilliard, Hayes, Littlejohn, Loftis, Long, Merrill, Mitchell, Owens, Parker, Scott, D. C. Smith, Sottile, Spires, Toole, Viers and T. R. Young: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA UNBORN CHILDREN'S MONUMENT COMMISSION TO ERECT A MONUMENT ON THE STATE HOUSE GROUNDS AS A MEMORIAL TO SOUTH CAROLINA CHILDREN WHOSE LIVES ENDED BEFORE THEIR BIRTH AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION AND TO REQUIRE PRIVATE FUNDING FOR THE ESTABLISHMENT OF THIS MONUMENT.
Referred to Committee on Judiciary

H. 3528 (Word version) -- Reps. G. R. Smith, Bedingfield, Nanney, Hamilton, Stringer, Wylie, Haley, Branham, Clyburn, Gambrell, Gilliard, Hearn, Littlejohn, Lowe, J. R. Smith, Viers and Willis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM PROPERTY TAX FOR ONE PROPERTY TAX YEAR ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY OWNED IN WHOLE OR IN PART BY A MEMBER OF THE ARMED FORCES OF THE UNITED STATES IF THE OWNER WAS DEPLOYED DURING ANY PART OF THE PROPERTY TAX YEAR TO A COMBAT ZONE, TO DEFINE COMBAT ZONE, AND TO PROVIDE FOR THE ADMINISTRATION OF THIS EXEMPTION.
Referred to Committee on Ways and Means

H. 3529 (Word version) -- Reps. Stavrinakis and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CLASSROOM PRIORITY ACT", BY ADDING SECTION 59-17-160 SO AS TO PROVIDE THAT AT LEAST SIXTY-FIVE PERCENT OF THE EDUCATION OPERATIONAL EXPENDITURES OF EACH SCHOOL DISTRICT

H. 3530 (Word version) -- Reps. Bannister, Brantley, Simrill, Anthony, Vick, H. B. Brown, Brady, Funderburk, Gambrell, Hardwick, Horne, Knight, Miller, E. H. Pitts, Viers and A. D. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-361, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY IMPOSE AND COLLECT AN ADMINISTRATIVE FINE AGAINST LICENSED MOTOR VEHICLE DEALERS WHO VIOLATE CERTAIN PROVISIONS OF LAW, AND PROVIDE THAT THE DEPARTMENT SHALL EMPLOY THE STAFF NECESSARY TO ENFORCE THE PROVISIONS CONTAINED IN THIS SECTION.
Referred to Committee on Education and Public Works

H. 3531 (Word version) -- Reps. Sandifer and Harrell: A BILL TO AMEND SECTION 33-41-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR REGISTRATION AS A LIMITED LIABILITY PARTNERSHIP, SO AS TO DELETE THE FILING FEE FOR A RENEWAL APPLICATION.
Referred to Committee on Judiciary

H. 3532 (Word version) -- Reps. T. R. Young, Bannister, Crawford, Vick, Bedingfield, Anthony, Bales, Barfield, Clemmons, Delleney, Dillard,

H. 3533 (Word version) -- Reps. Thompson, J. E. Smith, Ballentine, Haley, E. H. Pitts and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 REENACTING PROVISIONS OF THE "CARNELL-FELDER" SPENDING LIMIT, LIMITING ANNUAL GENERAL FUND APPROPRIATIONS BY THE GENERAL ASSEMBLY TO THE LESSER OF GENERAL FUND REVENUES FOR THE UPCOMING FISCAL YEAR AS ESTIMATED BY THE BOARD OF ECONOMIC ADVISORS OR ACTUAL GENERAL FUND REVENUES FOR THE CURRENT FISCAL YEAR INCREASED BY AN AMOUNT EQUAL TO SEVENTY-FIVE PERCENT OF THE AMOUNT THAT THE ESTIMATE FOR THE UPCOMING FISCAL YEAR EXCEEDS CURRENT YEAR GENERAL FUND REVENUES AND PROVIDE THOSE CIRCUMSTANCES WHEN THIS LIMIT MUST BE ADJUSTED.
Referred to Committee on Ways and Means

H. 3536 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 17-5-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CORONERS, SO AS TO INCREASE THOSE QUALIFICATIONS BY REQUIRING THOSE PERSONS WITH HIGH SCHOOL DIPLOMAS TO ALSO HAVE AT LEAST SIX YEARS OF EXPERIENCE IN THE FIELD, BY REQUIRING THOSE PERSONS WITH A TWO-YEAR ASSOCIATE DEGREE TO ALSO HAVE FOUR YEARS OF

H. 3537 (Word version) -- Reps. Millwood, Kennedy, Bales, Battle, Bedingfield, Cato, Crawford, Duncan, Erickson, Limehouse, Moss, Pinson, E. H. Pitts, M. A. Pitts, Sottile, Stringer, Viers, Williams and Wylie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-15-68 SO AS TO PROVIDE THAT THE LEGISLATIVE AUDIT COUNCIL SHALL CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF ONE-FIFTH OF THE SCHOOL DISTRICTS IN SOUTH CAROLINA SELECTED AT RANDOM BY THE STATE DEPARTMENT OF EDUCATION, TO PROVIDE THAT THE COST OF THE AUDIT MUST BE REIMBURSED BY THE SCHOOL DISTRICT, AND TO PROVIDE THAT THE COUNCIL MAY CONTRACT WITH AN INDEPENDENT FIRM AT THE EXPENSE OF THE DISTRICT.
Referred to Committee on Ways and Means

S. 13 (Word version) -- Senators Leatherman, Elliott and Campbell: A BILL TO AMEND SECTION 56-3-910 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE FEES, TO PROVIDE THAT FEES BE PLACED IN THE STATE HIGHWAY ACCOUNT OF THE TRANSPORTATION INFRASTRUCTURE BANK INSTEAD OF THE DEPARTMENT OF TRANSPORTATION.
Referred to Committee on Ways and Means

S. 155 (Word version) -- Senators Campsen, Rose, Hayes and Lourie: A BILL TO AMEND CHAPTER 7, TITLE 20 OF THE 1976 CODE BY ADDING ARTICLE 33 TO ENACT THE "MILITARY PARENT EQUAL PROTECTION ACT", TO PROVIDE THAT A MILITARY PARENT'S MILITARY SERVICE SHALL NOT BE CONSIDERED A CHANGE IN CIRCUMSTANCE FOR PURPOSES OF CHILD

S. 198 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 39-5-37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A NAME TO MISREPRESENT THE GEOGRAPHICAL LOCATION OF A BUSINESS AS AN UNLAWFUL TRADE PRACTICE, SO AS TO MAKE IT AN UNLAWFUL TRADE PRACTICE TO PUBLISH IN A TELEPHONE ASSISTANCE DATABASE OR A PRINT ADVERTISEMENT AN INTENTIONALLY MISLEADING REPRESENTATION OF THE GEOGRAPHICAL LOCATION OF THE BUSINESS.
Referred to Committee on Judiciary

S. 327 (Word version) -- Senator Pinckney: A BILL TO AUTHORIZE THE BOARD OF EDUCATION FOR THE JASPER COUNTY SCHOOL DISTRICT TO IMPOSE AN IMPACT FEE ON ANY DEVELOPER FOR EACH NEW RESIDENTIAL DWELLING UNIT CONSTRUCTED BY THE DEVELOPER WITHIN THE SCHOOL DISTRICT, TO PROVIDE THAT THE FUNDS MAY ONLY BE USED FOR THE CONSTRUCTION OF PUBLIC EDUCATION FACILITIES FOR GRADES K-12 WITHIN THE DISTRICT AND FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON EXISTING OR NEW BONDS ISSUED BY THE DISTRICT, AND TO PROVIDE THAT THE IMPACT FEE SHALL BE SET AT AN AMOUNT NOT TO EXCEED THE COST THAT EACH

The following was introduced:

H. 3534 (Word version) -- Reps. Brady and Harrison: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE CARDINAL NEWMAN SCHOOL WRESTLING TEAM FOR ITS EXCEPTIONAL SEASON AND FOR CAPTURING THE 2009 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S SUPERLATIVE WRESTLERS, COACHES, AND STAFF.

The Resolution was adopted.

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

H. 3535 (Word version) -- Reps. Brady and Harrison: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CARDINAL NEWMAN SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2009 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Cardinal Newman School wrestling team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2009 South Carolina Independent School Association Class AAA State Championship title.

The Resolution was adopted.

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

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
G. A. Brown            R. L. Brown            Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Cole                   Cooper
Crawford               Daning                 Delleney
Dillard                Duncan                 Edge
Erickson               Forrester              Funderburk
Gambrell               Gilliard               Govan
Gullick                Gunn                   Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Hayes                  Hearn                  Herbkersman
Hiott                  Hodges                 Horne
Hosey                  Howard                 Hutto
Jefferson              Jennings               Kelly
Kennedy                King                   Kirsh
Knight                 Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
McLeod                 Merrill                Miller
Millwood               Moss                   Nanney
J. H. Neal             J. M. Neal             Ott
Owens                  Parker                 Parks
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scott                  Sellers                Simrill
Skelton                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Stringer               Thompson               Toole
Umphlett               Vick                   Weeks
Whipper                White                  Whitmire

Williams               Willis                 Wylie
A. D. Young            T. R. Young

I came in after the roll call and was present for the Session on Thursday, February 12.

Denny Neilson                     Marion Frye
G. R. Smith                       Harold Mitchell
Thad Viers

Rep. SIMRILL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 4.

The SPEAKER granted Rep. HUGGINS a leave of absence for the day for business purposes.

The SPEAKER granted Rep. H. B. BROWN a leave of absence for the day to attend to legislative business on behalf of Fairfield County.

Announcement was made that Dr. Amy Rawl Epps of Columbia was the Doctor of the Day for the General Assembly.

Rep. VICK presented to the House the Chesterfield High School Rams Varsity Football Team, the 2008 Class A 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. 3297 (Word version)
Date:   ADD:
02/12/09   HUTTO

Bill Number:   H. 3043 (Word version)
Date:   ADD:
02/12/09   TOOLE

Bill Number:   H. 3045 (Word version)
Date:   ADD:
02/12/09   TOOLE

Bill Number:   H. 3057 (Word version)
Date:   ADD:
02/12/09   TOOLE

Bill Number:   H. 3067 (Word version)
Date:   ADD:
02/12/09   OWENS

Bill Number:   H. 3170 (Word version)
Date:   ADD:
02/12/09   HART

Bill Number:   H. 3170 (Word version)
Date:   ADD:
02/12/09   LOFTIS

Bill Number:   H. 3303 (Word version)
Date:   ADD:
02/12/09   HART

Bill Number:   H. 3342 (Word version)
Date:   ADD:
02/12/09   DUNCAN

Bill Number:   H. 3352 (Word version)
Date:   ADD:
02/12/09   BANNISTER, DILLARD, STRINGER, ALLEN, NANNEY and GOVAN

Bill Number:   H. 3365 (Word version)
Date:   ADD:
02/12/09   J. R. SMITH

Bill Number:   H. 3372 (Word version)
Date:   ADD:
02/12/09   BARFIELD

Bill Number:   H. 3418 (Word version)
Date:   ADD:
02/12/09   OWENS

Bill Number:   H. 3342 (Word version)
Date:   ADD:
02/12/09   LOFTIS

Bill Number:   H. 3352 (Word version)
Date:   ADD:
02/12/09   PARKER

Bill Number:   H. 3418 (Word version)
Date:   ADD:
02/12/09   PARKER

Bill Number:   H. 3352 (Word version)
Date:   ADD:
02/12/09   FRYE, HARDWICK and HEARN

Bill Number:   H. 3222 (Word version)
Date:   ADD:
02/12/09   PARKER and CLEMMONS

Bill Number:   H. 3171 (Word version)
Date:   ADD:
02/12/09   WILLIAMS and JEFFERSON

Bill Number:   H. 3315 (Word version)
Date:   ADD:
02/12/09   GOVAN

Bill Number:   H. 3118 (Word version)
Date:   ADD:
02/12/09   J. E. SMITH

The following Bill was taken up:

H. 3299 (Word version) -- Reps. Sandifer, Harrell, Cato, Thompson, Bedingfield, Bingham, Brady, Gambrell, Harrison, Jennings, Mack, Mitchell, Cooper, Crawford, Alexander, Allison, Anthony, Bales, Bannister,

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

Rep. SANDIFER moved to reconsider the vote whereby the following Bill was read the third time and sent to the Senate:

H. 3299 (Word version) -- Reps. Sandifer, Harrell, Cato, Thompson, Bedingfield, Bingham, Brady, Gambrell, Harrison, Jennings, Mack, Mitchell, Cooper, Crawford, Alexander, Allison, Anthony, Bales, Bannister, Barfield, Bowers, G. A. Brown, Clemmons, Cobb-Hunter, Duncan, Gullick, Haley, Hayes, Herbkersman, Howard, Huggins, Limehouse, Littlejohn, Lowe, Miller, Ott, Owens, Pinson, M. A. Pitts, J. R. Smith, J. E. Smith, Spires, Toole, Umphlett, White, Anderson, Whitmire, A. D. Young, T. R. Young, Forrester, H. B. Brown, Weeks, Horne, Parker, Skelton, Wylie and Frye: A BILL TO AMEND SECTION 58-9-576, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION BY AND DUTIES OF THE LOCAL EXCHANGE CARRIER AND ALTERNATIVE FORMS OF REGULATION, SO AS TO ENACT THE "CUSTOMER CHOICE AND TECHNOLOGY INVESTMENT ACT OF 2009".

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

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

H. 3452 (Word version) -- Reps. Bannister, Bales, Crawford, Limehouse, G. M. Smith, J. E. Smith and Frye: A BILL TO AMEND

H. 3457 (Word version) -- Reps. Ott, Govan, Cobb-Hunter, Harrell and Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 24 TO CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE ORANGEBURG-CALHOUN TECHNICAL COLLEGE ENTERPRISE CAMPUS, AND TO PROVIDE FOR ITS POWERS AND DUTIES.

H. 3463 (Word version) -- Reps. G. R. Smith, Bannister and Hiott: A BILL TO AMEND SECTION 56-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HANDWRITTEN AND ELECTRONIC TRAFFIC TICKETS, SO AS TO DELETE THE PROVISIONS THAT REQUIRE ELECTRONIC TRAFFIC TICKETS TO BE PRINTED IN SPECIFIC COLORS.

H. 3295 (Word version) -- Reps. Hamilton, Allen, Bedingfield, Cato, Dillard, Nanney, Stringer and Wylie: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 8, 2009, BY THE STUDENTS OF PARIS ELEMENTARY SCHOOL, TAYLORS ELEMENTARY SCHOOL, AND SEVIER MIDDLE SCHOOL WHEN THE SCHOOLS WERE CLOSED DUE TO A POWER OUTAGE IS EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

The following Joint Resolution was taken up:

H. 3352 (Word version) -- Reps. Cooper, Stewart, Whitmire, Funderburk, Rice, Wylie, Allison, E. H. Pitts, R. L. Brown, White, Stavrinakis, Miller, Anderson, Battle, Hayes, Gilliard, Sottile, Mack, Harvin, Whipper, Hutto, G. R. Smith, Knight, Willis, Neilson, T. R. Young, Cobb-Hunter, J. H. Neal, Clyburn, G. M. Smith, Kennedy, Herbkersman, Merrill, Bingham, Ott, J. R. Smith, A. D. Young, Kirsh, Lucas, Littlejohn, Edge, Limehouse, M. A. Pitts, Loftis, D. C. Smith, Pinson, Barfield, Bannister, Dillard, Stringer, Allen, Nanney, Govan, Parker, Frye, Hardwick and Hearn: A JOINT RESOLUTION TO ALLOW LOCAL SCHOOL DISTRICTS AND SPECIAL SCHOOLS TO TRANSFER FUNDS AMONG APPROPRIATED REVENUES IN ORDER TO ENSURE THE DELIVERY OF ACADEMIC AND ARTS INSTRUCTION DURING THE 2008-2009 AND 2009-2010 FISCAL YEARS; TO ALLOW SCHOOL DISTRICTS FOR FISCAL YEARS 2008-2009 AND 2009-2010 TO SUSPEND CERTAIN PROFESSIONAL STAFFING RATIOS, TO TRANSFER FUNDS, TO DELAY THE DATE THAT TEACHER CONTRACTS ARE ISSUED, AND TO NEGOTIATE SALARIES FOR RETIRED AND TERI TEACHERS BELOW MINIMUM SALARY REQUIREMENTS; TO ALLOW SCHOOL DISTRICTS FOR THE 2008-2009 AND 2009-2010 FISCAL YEARS TO FURLOUGH TEACHERS AND SCHOOL AND DISTRICT ADMINISTRATORS UPON CERTAIN CONDITIONS; TO PROVIDE CERTIFICATION AND REPORTING REQUIREMENTS; TO SUSPEND CERTAIN FORMATIVE ASSESSMENTS AND TO ALLOW SCHOOL DISTRICTS TO PURCHASE THE MOST ECONOMICAL TYPE OF BUS FUEL FOR THE 2008-2009 AND 2009-2010 FISCAL YEARS.

Rep. CRAWFORD made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

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

H. 3378 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-192 SO AS TO PROVIDE FOR THE TERMS AND CONDITIONS OF MANDATORY STATE AGENCY FURLOUGH PROGRAMS AND TO DELETE THE PROVISIONS OF PARAGRAPH 89.120, PART IB, OF ACT 310 OF 2008, RELATING TO STATE AGENCY FURLOUGHS.

Rep. COOPER explained the Bill.

H. 3040 (Word version) -- Reps. M. A. Pitts, Harrell, Stringer, Parker, Daning, G. M. Smith, Umphlett and T. R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 TO TITLE 2 SO AS TO ESTABLISH A PERMANENT JOINT COMMITTEE OF THE GENERAL ASSEMBLY TO MONITOR, STUDY, AND MAKE APPROPRIATE RECOMMENDATIONS ON ALL ISSUES, LEGISLATION, AND OTHER ACTIONS NECESSARY TO SUSTAIN AND DEVELOP SOUTH CAROLINA'S MILITARY INSTALLATIONS, COMMUNITIES, AND DEFENSE-RELATED BUSINESSES.

Rep. HARRISON explained the Bill.

On motion of Rep. COOPER, with unanimous consent, it was ordered that H. 3378 (Word version) be read the third time tomorrow.

On motion of Rep. M. A. PITTS, with unanimous consent, it was ordered that H. 3040 (Word version) be read the third time tomorrow.

The following Joint Resolution was taken up:

H. 3170 (Word version) -- Reps. Gunn, Wylie, Hart and Loftis: A JOINT RESOLUTION TO CREATE THE JOINT ELECTRONIC HEALTH INFORMATION STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF INCREASING THE USE OF HEALTH INFORMATION TECHNOLOGY AND ELECTRONIC PERSONAL HEALTH RECORDS, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2010, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.

Rep. G. R. SMITH made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Bill was taken up:

H. 3342 (Word version) -- Reps. Delleney, Simrill, Nanney, Allison, Clemmons, Erickson, Hamilton, Lucas, Owens, Parker, Pinson, Scott, G. R. Smith, J. R. Smith, Loftis and Duncan: A BILL TO AMEND SECTION 2-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION OF THE WORDS "PERSON" AND "PARTY" AS THOSE WORDS APPEAR IN THE LAWS OF THIS STATE, SO AS TO PROVIDE FURTHER FOR THE CONSTRUCTION OF "PERSON", "HUMAN BEING", "CHILD", AND "INDIVIDUAL", SO THAT THEY INCLUDE EVERY INFANT MEMBER OF SPECIES HOMO SAPIENS WHO IS BORN ALIVE AND TO DEFINE "BORN ALIVE".

Rep. KENNEDY made the Point of Order that the Bill was improperly before the House for consideration since its number and

The following Bill was taken up:

H. 3333 (Word version) -- Reps. A. D. Young, J. H. Neal, Simrill and T. R. Young: A BILL TO AMEND SECTION 14-1-206, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY GENERAL SESSIONS COURTS, SO AS TO PROVIDE AN AMOUNT TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 14-1-207, AS AMENDED, RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY MAGISTRATES COURTS, SO AS TO PROVIDE AN AMOUNT TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.

Rep. HART made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Bill was taken up:

H. 3418 (Word version) -- Reps. Harrell, Simrill, Crawford, Huggins, Bedingfield, Merrill, G. R. Smith, Erickson, Ballentine, Brady, Chalk, Daning, Delleney, Frye, Gambrell, Hamilton, Harrison, Hearn, Herbkersman, Loftis, Long, Lucas, Nanney, Pinson, Rice, G. M. Smith, Spires, Stringer, Thompson, Viers, Willis, Wylie, T. R. Young, Clemmons, Owens and Parker: A BILL TO AMEND SECTION 7-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESENTATION OF A PERSON'S PROOF OF HIS RIGHT TO VOTE, SO AS TO REQUIRE THE ELECTOR TO PRODUCE A VALID PHOTO IDENTIFICATION CARD AT THE TIME OF COSTING HIS BALLOT, TO REQUIRE A POLL MANAGER TO COMPARE THE PHOTOGRAPH ON THE REQUIRED IDENTIFICATION WITH THE PERSON

Rep. SELLERS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Bill was taken up:

H. 3171 (Word version) -- Reps. J. E. Smith, H. B. Brown, E. H. Pitts, Williams and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 5, TITLE 63 SO AS TO ENACT THE "MILITARY PARENT EQUAL PROTECTION ACT", TO PROVIDE THAT A MILITARY PARENT'S MILITARY SERVICE SHALL NOT BE CONSIDERED A CHANGE IN CIRCUMSTANCE FOR PURPOSES OF CHILD CUSTODY AND VISITATION, TO PROVIDE THAT THE CUSTODIAL NONMILITARY PARENT MUST REASONABLY ACCOMMODATE THE MILITARY PARENT'S LEAVE SCHEDULE, TO PROVIDE THAT THE FAMILY COURT MAY HOLD AN EXPEDITED TEMPORARY HEARING TO ENSURE THAT THE MILITARY PARENT HAS ACCESS TO A MINOR CHILD, AND TO PROVIDE THAT AN INCREASE OR DECREASE IN EARNING CAPACITY DUE TO MILITARY SERVICE IS NOT CONSIDERED A PERMANENT CHANGE; AND BY ADDING SECTION 15-1-340 SO AS TO PROVIDE THAT A SERVICE MEMBER ENTITLED TO A STAY PURSUANT TO THE SERVICE MEMBERS CIVIL RELIEF ACT MAY SEEK RELIEF AND PROVIDE TESTIMONY BY ELECTRONIC MEANS UNDER CERTAIN CONDITIONS.

The Judiciary Committee proposed the following Amendment No. 1 (COUNCIL\MS\7195ZW09), which was adopted:
Amend the bill, as and if amended, by deleting Section 63-5-930(B), as contained in SECTION 1, lines 24 - 33, and inserting:
/ (B)   Based upon application of the South Carolina Child Support Guidelines required by Section 43-5-580(b), the court shall temporarily

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. J. E. SMITH, with unanimous consent, it was ordered that H. 3171 (Word version) be read the third time tomorrow.

Rep. BRANTLEY asked unanimous consent to recall S. 327 (Word version) from the Committee on Ways and Means.
Rep. COOPER objected.

The following Bill was taken up:

H. 3301 (Word version) -- Reps. Harrell, Cato, Sandifer, Sellers, Neilson, Erickson, Bannister, Bedingfield, Merrill, Mitchell, Anthony, Bingham, Huggins, Vick, Cooper, Chalk, J. R. Smith, Willis, Gilliard, Allison, Anderson, Bales, Battle, Bowers, Brady, G. A. Brown, H. B. Brown, Cole, Daning, Duncan, Edge, Forrester, Gambrell, Gullick, Hamilton, Hayes, Herbkersman, Hiott, Jefferson, Horne, Kirsh, Limehouse, Littlejohn, Long, Lowe, Lucas, Miller, Millwood, Nanney, Ott, Owens, Parker, Pinson, E. H. Pitts, M. A. Pitts, Scott, Simrill, Skelton, D. C. Smith, G. R. Smith, Sottile, Spires, Stewart, Stringer, Thompson, Toole, Umphlett, White, Whitmire and Wylie: A BILL TO AMEND THE

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

Rep. SANDIFER moved to reconsider the vote whereby the following Bill was read the third time and sent to the Senate:

H. 3301 (Word version) -- Reps. Harrell, Cato, Sandifer, Sellers, Neilson, Erickson, Bannister, Bedingfield, Merrill, Mitchell, Anthony, Bingham, Huggins,

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

The following Concurrent Resolution was taken up:

H. 3222 (Word version) -- Reps. Bedingfield, Gullick, Erickson, Crawford, Duncan, Allison, Ballentine, Cato, Forrester, Hamilton, Harrell, Harrison, Horne, Kelly, Littlejohn, Millwood, Nanney, E. H. Pitts, M. A. Pitts, Rice, D. C. Smith, G. R. Smith, J. R. Smith, Stringer, A. D. Young, T. R. Young, Daning, Owens, Umphlett, Wylie, Parker and Clemmons: A CONCURRENT RESOLUTION MEMORIALIZING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE LEGISLATION THAT DISENFRANCHISES SOUTH CAROLINA WORKERS BY REMOVING THEIR RIGHT TO A PRIVATE BALLOT UNION ELECTION.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Clemmons
Cole                   Crawford               Daning
Delleney               Duncan                 Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Hiott                  Horne
Kelly                  Kirsh                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Moss                   Nanney
Owens                  Parker                 Pinson

E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Simrill
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stewart                Stringer               Thompson
Toole                  Umphlett               Vick
Viers                  White                  Willis
Wylie                  A. D. Young            T. R. Young

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Branham                Brantley               G. A. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Gilliard               Govan
Gunn                   Hart                   Harvin
Hodges                 Hosey                  Hutto
Jefferson              Kennedy                King
Knight                 Mack                   McEachern
McLeod                 Miller                 Mitchell
J. H. Neal             Parks                  Rutherford
Sellers                Weeks                  Whipper

The Concurrent Resolution was adopted and sent to the Senate.

As an impartial arbitrator I must recuse myself from voting on H. 3222, in order to comply with the ethics provisions of the National Academy of Arbitrators.

Rep. B. R. Skelton

Rep. BEDINGFIELD moved to reconsider the vote whereby H. 3222 (Word version) was adopted and sent to the Senate.

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

At 10:58 a.m. the House, in accordance with the motion of Rep. WEEKS, adjourned in memory of the Reverend Richard Baxter of Sumter, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Thursday, February 25, 2010 at 4:04 P.M.