Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Representative J. R. SMITH, as follows:

Our thought for today is from Psalm 67: "God be merciful unto us and bless us, and cause his face to shine upon us."
Let us pray. Lord, God Almighty, let us pause today, let us remember the man of God that leads us in prayer each day as we gather in this Assembly to do the business of the great State of South Carolina, our chaplain, whom we all appreciate, respect, and love as a leader, as he recovers from surgery. Let each of us in our own way of praying ask Thee for a touch of God's love and mercy as we pray. Help us to remember each other as we labor here in this hallowed place and give thanks to Thee for the honor to do God's will and the business of the State of South Carolina. Bless the leaders of our General Assembly, our Governor, our State, our Nation, and our President, 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 Friday, the SPEAKER ordered it confirmed.

Rep. HOSEY moved that when the House adjourns, it adjourn in memory of Mrs. Ellen Jenkins of Barnwell, which was agreed to.

Document No. 3204
Agency: Department of Consumer Affairs
Statutory Authority: 1976 Code Section 37-11-10, et seq.
Licensing Standards for Continuing Care Retirement Communities
Received by Speaker of the House of Representatives April 25, 2008

Document No. 3199
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-61-520
South Carolina Trauma Care Systems
Received by Speaker of the House of Representatives April 25, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration April 1, 2009
Revised: March 12, 2009
Revised: March 14, 2009

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

H. 3475 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME BLACK BRANCH ROAD IN DILLON COUNTY "HOYT JACKSON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD THAT CONTAIN THE WORDS "HOYT JACKSON MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

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

H. 3476 (Word version) -- Reps. Brantley and Bedingfield: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 601 IN JASPER COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 321 TO ITS INTERSECTION WITH THE JASPER/HAMPTON COUNTY LINE THE "EUNICE HOLMAN DOE HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "EUNICE HOLMAN DOE HIGHWAY".
Ordered for consideration tomorrow.

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

H. 3538 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HOLLY HILL ACADEMY GIRLS VOLLEYBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA 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 Holly Hill Academy girls volleyball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2008 South Carolina Independent School Association Class AA State Championship title.

The Resolution was adopted.

The following was introduced:

H. 3539 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HOLLY HILL ACADEMY "LADY RAIDERS" VOLLEYBALL TEAM OF ORANGEBURG COUNTY FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACH, AND STAFF.

The Resolution was adopted.

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

H. 3540 (Word version) -- Reps. G. R. Smith, M. A. Pitts, Haley, Ballentine, Bedingfield, Millwood, Duncan, J. R. Smith, Hamilton, Bowen, Stringer, E. H. Pitts, Bingham, Cato, Cole, Daning, Gambrell, Harrell, Herbkersman, Horne, Kirsh, Littlejohn, Scott, Stewart, Thompson, Whipper, Williams, Willis, Wylie, A. D. Young and T. R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 1, TITLE 1 SO AS TO ENACT THE "SOUTH CAROLINA TRUTH IN SPENDING ACT" TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE, TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST POST ONLINE ALL OF ITS CREDIT CARD STATEMENTS AND THE CREDIT CARD STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC OFFICIALS AND EMPLOYEES FOR PUBLIC USE, AND TO PROVIDE THAT EACH LOCAL GOVERNMENTAL ENTITY MUST ANNUALLY POST ONLINE A LISTING OF ITS FULL TIME EMPLOYEES GROUPED BY CLASS ALONG WITH THE NUMBER OF FULL TIME POSITIONS IN EACH CLASS AND THE AVERAGE SALARY IN EACH CLASS.
Referred to Committee on Ways and Means

H. 3541 (Word version) -- Reps. Hiott, Frye, Duncan, M. A. Pitts and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-525 SO AS TO ESTABLISH THE REQUIREMENT AND PROCEDURES FOR OBTAINING BEAR TAGS; BY ADDING SECTION 50-9-537 SO AS TO REQUIRE A TEN DOLLAR BEAR DRAW HUNT APPLICATION FEE; BY ADDING SECTION 50-11-435 SO AS TO PROHIBIT TAKING OR ATTEMPTING TO TAKE BEAR WEIGHING LESS THAN ONE HUNDRED POUNDS AND PROVIDE APPLICABLE PENALTIES; TO AMEND SECTION 50-9-920, RELATING TO REVENUE FROM THE SALE OF LIFETIME LICENSES, SO AS

H. 3543 (Word version) -- Rep. Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-490 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP A MODEL DATING VIOLENCE POLICY TO ASSIST SCHOOL DISTRICTS IN DEVELOPING THEIR OWN POLICIES FOR REPORTING AND RESPONDING TO DATING VIOLENCE, TO PROVIDE WHAT MUST BE INCLUDED IN THE POLICIES, TO PROVIDE REPORTING AND PUBLICATION REQUIREMENTS, AND TO REQUIRE SCHOOL DISTRICTS TO INFORM PARENTS AND GUARDIANS OF THE POLICY AND TO PROVIDE PARENTS WITH A COPY OF THE POLICY UPON REQUEST.
Referred to Committee on Education and Public Works

H. 3544 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICIALS WITH APPROPRIATE JURISDICTION SHALL NOT CHARGE A CHARITABLE, RELIGIOUS, OR ELEEMOSYNARY ORGANIZATION CONDUCTING A RAFFLE FOR THE BENEFIT OF THE ORGANIZATION WHERE ALL THE PROCEEDS INURE TO THE BENEFIT OF THE ORGANIZATION, AND ANY INDIVIDUALS ASSOCIATED WITH CONDUCTING THE RAFFLE, WITH A VIOLATION OF LAW BUT INSTEAD SHALL INFORM THEM IN WRITING THAT THE CONDUCT OF THE RAFFLE VIOLATES STATE LAW, AND TO PROVIDE FOR CERTAIN CONDITIONS AND LIMITATIONS FOR THIS PROVISION TO APPLY.
Referred to Committee on Judiciary

H. 3546 (Word version) -- Reps. Umphlett, Duncan and M. A. Pitts: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO COMMISSIONED LAW ENFORCEMENT OFFICERS OR CORRECTIONS OFFICERS EMPLOYED BY A COUNTY AND MUNICIPAL POLICE OFFICERS EMPLOYED IN A COUNTY IN WHICH THEY DO NOT RESIDE WHO HOLD ANOTHER OFFICE.
Referred to Committee on Judiciary

S. 126 (Word version) -- Senators Sheheen and Elliott: A BILL TO AMEND SECTION 56-3-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DEFINE THE TERM "HANDICAPPED", DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A

S. 278 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO ALLOW THE GOVERNING BODY OF A COUNTY BY RESOLUTION ADOPTED BY MAJORITY VOTE TO ALLOW COUNTY OFFICIALS CHARGED WITH COLLECTING TAXES ON REAL PROPERTY FOR PROPERTY TAX YEARS 2008 AND 2009 TO WAIVE OR REDUCE THE PENALTIES FOR LATE PAYMENTS, AND TO PROVIDE THAT THE RESOLUTION MUST PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE WAIVER OR REDUCTION APPLIES.
Referred to Committee on Ways and Means

The following was introduced:

H. 3542 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO CONGRATULATE MR. MORRISON WYLETTE WHETSTONE, SR., OF ORANGEBURG COUNTY ON THE OCCASION OF HIS NINETIETH BIRTHDAY AND TO WISH HIM A JOYOUS

The Resolution was adopted.

The Senate sent to the House the following:

S. 421 (Word version) -- Senators Sheheen and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE MARY Y. CLARK OF KERSHAW COUNTY FOR HER OUTSTANDING ACHIEVEMENTS AS MAYOR OF CAMDEN, HER COMMITMENT TO THE CITIZENS OF THAT CITY, AND HER SUPPORT OF THE ARTS, EDUCATION, AND BUSINESS COMMUNITIES.

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

The Senate sent to the House the following:

S. 422 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF WALLACE BYRD OF RICHLAND COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

The Senate sent to the House the following:

S. 424 (Word version) -- Senators Bright, S. Martin, Alexander, Campbell, Fair, Knotts, Cromer, Mulvaney, Verdin, L. Martin, Shoopman, Rose, McConnell, Thomas, Cleary, Courson, Coleman, Davis, Reese and Campsen: A CONCURRENT RESOLUTION TO AFFIRM SOUTH CAROLINA'S SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION OVER

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

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                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                  Hutto
Jefferson              Kelly                  Kennedy
King                   Kirsh                  Knight
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Mack
McEachern              McLeod                 Merrill
Miller                 Millwood               Mitchell
Moss                   Nanney                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Sellers
Simrill                Skelton                D. C. Smith

G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Thompson               Toole
Umphlett               Vick                   Viers
Weeks                  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 Tuesday, February 17.

Don Bowen                         Chip Huggins
H.B. "Chip" Limehouse             Anne Parks
Todd Rutherford                   James E. Smith
Jackson "Seth"  Whipper           Leon Howard

The SPEAKER granted Rep. STEWART a leave of absence for the day.

Announcement was made that Dr. William Ward of West Columbia was the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3015 (Word version)
Date:   ADD:
02/17/09   HORNE

Bill Number:   H. 3123 (Word version)
Date:   ADD:
02/17/09   HORNE

Bill Number:   H. 3164 (Word version)
Date:   ADD:
02/17/09   HORNE

Bill Number:   H. 3271 (Word version)
Date:   ADD:
02/17/09   G. R. SMITH

Bill Number:   H. 3275 (Word version)
Date:   ADD:
02/17/09   HORNE

Bill Number:   H. 3276 (Word version)
Date:   ADD:
02/17/09   HORNE

Bill Number:   H. 3278 (Word version)
Date:   ADD:
02/17/09   HORNE

Bill Number:   H. 3279 (Word version)
Date:   ADD:
02/17/09   HORNE

Bill Number:   H. 3280 (Word version)
Date:   ADD:
02/17/09   HORNE

Bill Number:   H. 3303 (Word version)
Date:   ADD:
02/17/09   SKELTON

Bill Number:   H. 3442 (Word version)
Date:   ADD:
02/17/09   HORNE

Bill Number:   H. 3526 (Word version)
Date:   ADD:
02/17/09   SOTTILE

Bill Number:   H. 3526 (Word version)
Date:   ADD:
02/17/09   SIMRILL

Bill Number:   H. 3527 (Word version)
Date:   ADD:
02/17/09   SIMRILL

Bill Number:   H. 3372 (Word version)
Date:   ADD:
02/17/09   R. L. BROWN, BEDINGFIELD, NANNEY and HAMILTON

Bill Number:   H. 3352 (Word version)
Date:   ADD:
02/17/09   J. E. SMITH, BEDINGFIELD, WILLIAMS, VICK, HORNE, AGNEW and CLEMMONS

Bill Number:   H. 3530 (Word version)
Date:   ADD:
02/17/09   WYLIE and BRANHAM

Bill Number:   H. 3403 (Word version)
Date:   ADD:
02/17/09   HOSEY, JEFFERSON, J. H. NEAL, MACK, MCEACHERN, ALEXANDER, BALES, BRANTLEY, CLYBURN, PARKS, BRANHAM and COBB-HUNTER

Bill Number:   H. 3132 (Word version)
Date:   ADD:
02/17/09   HUTTO

Bill Number:   H. 3204 (Word version)
Date:   ADD:
02/17/09   HUTTO

Bill Number:   H. 3529 (Word version)
Date:   ADD:
02/17/09   HORNE

Bill Number:   H. 3416 (Word version)
Date:   ADD:
02/17/09   GULLICK

Bill Number:   H. 3342 (Word version)
Date:   ADD:
02/17/09   HIOTT

Bill Number:   H. 3298 (Word version)
Date:   ADD:
02/17/09   PARKER

Bill Number:   H. 3372 (Word version)
Date:   ADD:
02/17/09   WHIPPER

Bill Number:   H. 3003 (Word version)
Date:   REMOVE:
02/17/09   SKELTON

The following Joint Resolution was taken up:

H. 3352 (Word version) -- Reps. Cooper, Owens, 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, Hearn, J. E. Smith, Clemmons, Agnew, Bedingfield, Williams, Vick and Horne: 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,

Rep. CRAWFORD requested debate on the Joint Resolution.

The Ways and Means Committee proposed the following Amendment No. 1 (COUNCIL\NBD\11248BH09), which was adopted:
Amend the joint resolution, as and if amended, by deleting SECTION 2 and inserting:
/ SECTION   2.   Notwithstanding another provision of law and for the 2008-2009 and 2009-2010 fiscal years, school districts must be granted:

1.   suspension from professional staffing ratios and subfund level expenditure regulations and guidelines;

2.   permission to transfer funds among funding categories, including capital funds from the Children's Education Endowment Fund and excluding funds required for debt service or bonded indebtedness;

3.   permission to delay from April fifteenth to May fifteenth the date that contracts are issued to teachers;

4.   permission to negotiate salaries below the minimum salary requirements for retired teachers if specified in the contract or otherwise authorized by law.

If specified in the contract or if the district is otherwise authorized by law to furlough teachers, a district may furlough teachers for up to five noninstructional days provided that school and district administrators are furloughed for an equivalent number of days. All other program regulations, guidelines, reporting, and audit requirements remain in effect unless addressed in this joint resolution. To further ensure resources are maximized, districts are encouraged to limit the number of low enrollment courses, expand virtual instruction,

The school district board of trustees must certify that specific actions were taken in response to the measures provided in Sections 1 and 2 of this joint resolution. The certification and report must be in writing and delivered, on a quarterly basis, to the State Superintendent of Education, and a copy must be forwarded to the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee./
Amend the joint resolution further, as and if amended, SECTION 3, as contained on page 2, lines 36 through 42, by deleting the SECTION in its entirety and inserting:
/SECTION   3.   Notwithstanding another provision of law and for the 2008-2009 and 2009-2010 fiscal years, implementation of formative assessments for grades one, two, and nine, the foreign language program assessment, the physical education assessment, and new textbook adoptions must be suspended. School districts and the State Department of Education must be granted permission to purchase the most economical type of bus fuel./
Renumber sections to conform.
Amend title to conform.

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

Rep. E. H. PITTS proposed the following Amendment No. 2 (COUNCIL\NBD\11271BH09), which was tabled:
Amend the joint resolution, as and if amended, SECTION 2, page 3352-2, line 2 by deleting /an equivalent/ and inserting /twice the/.
Renumber sections to conform.
Amend title to conform.

Rep. E. H. PITTS explained the amendment.

Rep. HARVIN moved to table the amendment.

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bannister              Battle                 Bingham
Bowers                 G. A. Brown            H. B. Brown
R. L. Brown            Clemmons               Clyburn
Cobb-Hunter            Cole                   Cooper
Delleney               Dillard                Erickson
Funderburk             Gambrell               Govan
Gullick                Gunn                   Harvin
Hayes                  Hiott                  Hodges
Horne                  Hosey                  Hutto
Jefferson              Kirsh                  Littlejohn
Lucas                  Mack                   Merrill
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Owens                  Parks                  Pinson
Scott                  Skelton                G. R. Smith
J. R. Smith            Vick                   Weeks
White                  Williams               A. D. Young

Those who voted in the negative are:

Alexander              Allison                Bales
Ballentine             Barfield               Bedingfield
Bowen                  Cato                   Chalk
Crawford               Daning                 Duncan
Edge                   Forrester              Frye
Haley                  Hamilton               Hardwick
Hearn                  Huggins                Kelly
Kennedy                King                   Knight
Limehouse              Loftis                 Long
Lowe                   McEachern              McLeod
Millwood               Nanney                 Parker
E. H. Pitts            M. A. Pitts            Rice
Sellers                Simrill                G. M. Smith
J. E. Smith            Sottile                Spires

Stavrinakis            Stringer               Thompson
Toole                  Viers                  Willis
Wylie                  T. R. Young

So, the amendment was tabled.

I was temporarily out of the Chamber during the vote on Amendment No. 2 to H. 3352. If I had been present, I would have voted against tabling this Amendment.

Rep. Don C. Smith

Rep. E. H. PITTS proposed the following Amendment No. 3 (COUNCIL\NBD\11272BH09), which was adopted:
Amend the joint resolution, as and if amended, SECTION 2, page 3352-2, lines 1 through 2 by deleting /school and district administrators are furloughed for an equivalent number/ and inserting /district administrators are furloughed for twice the/.
Renumber sections to conform.
Amend title to conform.

Rep. E. H. PITTS explained the amendment.

Rep. HARVIN moved to table the amendment.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Battle
Bowers                 G. A. Brown            H. B. Brown
Funderburk             Gilliard               Gullick
Gunn                   Harvin                 Hodges
Jefferson              King                   Mack
McLeod                 Parks                  Skelton
Vick                   Weeks                  Williams

Alexander              Allison                Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Brady
Branham                Brantley               R. L. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Cole
Cooper                 Crawford               Daning
Delleney               Duncan                 Edge
Erickson               Forrester              Frye
Gambrell               Haley                  Hamilton
Hardwick               Harrell                Harrison
Hayes                  Hearn                  Hiott
Horne                  Hosey                  Huggins
Hutto                  Kelly                  Kennedy
Kirsh                  Knight                 Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  McEachern
Merrill                Miller                 Millwood
Mitchell               Moss                   Nanney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scott
Sellers                Simrill                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Thompson
Toole                  Umphlett               Viers
White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

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

Rep. CRAWFORD proposed the following Amendment No. 5 (COUNCIL\NBD\11282BH09):
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/SECTION   __.   In order for a school district to take advantage of the flexibility provisions provided in this joint resolution and for the 2008 to 2009 and 2009 to 2010 Fiscal Years only, at least sixty-five percent of the education operational budget of the school district as determined by the State Department of Education must be used for classroom instruction. No portion of the sixty-five percent may be used for bureaucratic purposes. The school district shall report to the State Department of Education by August first of each year the actual percentage of its education operational budget that the school district used for classroom instruction for the previous school year./
Renumber sections to conform.
Amend title to conform.

Rep. CRAWFORD explained the amendment.

Rep. SELLERS moved to table the amendment.

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Battle                 Bowers                 Branham
H. B. Brown            R. L. Brown            Dillard
Funderburk             Gilliard               Gullick
Gunn                   Hart                   Harvin
Hayes                  Hodges                 Hosey
Hutto                  Jefferson              Kelly
King                   Knight                 Mack
McEachern              McLeod                 Miller
Mitchell               J. H. Neal             Ott
Parks                  Sellers                Skelton
J. E. Smith            Stavrinakis            Vick
Weeks                  Whipper                Whitmire

Those who voted in the negative are:

Allison                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Brady
Brantley               Cato                   Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Frye                   Gambrell
Govan                  Haley                  Hamilton
Hardwick               Harrell                Harrison
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kirsh
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Moss
Nanney                 J. M. Neal             Neilson
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
Stringer               Thompson               Toole
Umphlett               Viers                  White
Willis                 Wylie                  A. D. Young
T. R. Young

So, the House refused to table the amendment.

I support the idea of Amendment No. 5 to H. 3352, but I do not support invading the province of the school board. Board members are elected officials and are accountable to the voters of the school district.

Rep. Keith Kelly

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being the adoption of the amendment.

Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.

The following was introduced:

H. 3547 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE PALMETTO HEALTH HOSPICE ON THE OCCASION OF ITS THIRTIETH ANNIVERSARY OF CARING, COMPASSIONATE SERVICE TO SOUTH CAROLINA PATIENTS AND FAMILIES AND TO ENCOURAGE CITIZENS TO INCREASE THEIR AWARENESS OF THE IMPORTANCE AND AVAILABILITY OF HOSPICE SERVICES AND TO OBSERVE THIS OCCASION WITH APPROPRIATE ACTIVITIES AND PROGRAMS.

The Resolution was adopted.

The following was introduced:

H. 3548 (Word version) -- Reps. J. E. Smith, Limehouse, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, 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, 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. 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 COMMEND THE EXTRAORDINARY EFFORTS OF THE MANY STATE WORKERS AND VOLUNTEERS WHO ARE WORKING TIRELESSLY AROUND THE CLOCK TO PRESERVE THE HISTORIC AND GALLANT USS LAFFEY (DD-724) FOR HER SURVIVING VETERANS AND COUNTLESS ADMIRERS.

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

The Senate sent to the House the following:

S. 428 (Word version) -- Senators L. Martin, Verdin, Bright, Alexander and Bryant: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO MAKE PERMANENT THE E-VERIFY PROGRAM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3549 (Word version) -- Reps. J. E. Smith, Limehouse and Sottile: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 13, TITLE 51 SO AS TO AUTHORIZE THE BOARD OF THE PATRIOTS POINT DEVELOPMENT AUTHORITY TO ISSUE REVENUE BONDS AND TO PRESCRIBE THE MANNER IN WHICH, PURPOSES FOR WHICH, AND PROCEDURES UNDER WHICH THESE REVENUE BONDS MAY BE ISSUED.
Referred to Committee on Ways and Means

H. 3550 (Word version) -- Reps. Cato, Herbkersman, Agnew, Merrill, Stavrinakis, Funderburk, Brady, Anderson, R. L. Brown, Kelly, Limehouse, J. E. Smith and Whipper: A BILL TO AMEND CHAPTER 10, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUILDING ENERGY EFFICIENCY STANDARD ACT, SO AS TO REVISE THE TITLE OF THE ACT TO THE "ENERGY STANDARD ACT", TO REVISE DEFINITIONS, TO ADOPT THE INTERNATIONAL ENERGY CONSERVATION CODE AS THE ENERGY STANDARD AND TO PROVIDE THAT ALL NEW AND RENOVATED BUILDINGS MUST COMPLY WITH THIS STANDARD, TO PROVIDE THAT LOCAL BUILDING OFFICIALS SHALL ENFORCE THE ENERGY STANDARD AND TO PROVIDE ALTERNATIVE ENFORCERS IN AREAS WITHOUT A BUILDING OFFICIAL, TO PROVIDE THAT BUILDING OFFICIALS SHALL ISSUE AND REVOKE BUILDING PERMITS AND INSPECT CONSTRUCTION OF BUILDINGS PURSUANT TO THE PERMITS ISSUED, TO REQUIRE LOCAL JURISDICTIONS TO PROVIDE AN APPEALS BOARD AND PROCESS FOR GRANTING OF CERTAIN VARIANCES, TO PROVIDE AN EXCEPTION AND TO ALLOW CERTAIN APPEALS TO BE HEARD BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, AND TO PROVIDE THAT A PERSON OR PARTY MAY OBTAIN INJUNCTIVE RELIEF; AND TO AMEND SECTION 6-9-50, AS AMENDED, RELATING TO THE MANDATORY ADOPTION OF CERTAIN NATIONAL BUILDING CODES, BUILDING ENVELOPE REQUIREMENTS OF THE ENERGY CODE, FREE ACCESS TO CODE DOCUMENTS,

S. 409 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF ASIAN CITRUS PYSLLID AS PLANT PEST AND QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4039, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 410 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO PLUM POX VIRUS QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4001, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

Debate was resumed on the following Joint Resolution, the pending question being the consideration of amendments:

H. 3352 (Word version) -- Reps. Cooper, Owens, 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, Hearn, J. E. Smith, Clemmons, Agnew,

Rep. CRAWFORD proposed the following Amendment No. 5 (COUNCIL\NBD\11282BH09), which was adopted:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/SECTION   __.   In order for a school district to take advantage of the flexibility provisions provided in this joint resolution and for the 2008 to 2009 and 2009 to 2010 Fiscal Years only, at least sixty-five percent of the education operational budget of the school district as determined by the State Department of Education must be used for classroom instruction. No portion of the sixty-five percent may be used for bureaucratic purposes. The school district shall report to the State Department of Education by August first of each year the actual percentage of its education operational budget that the school district used for classroom instruction for the previous school year./
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS spoke against the amendment.
Rep. STAVRINAKIS spoke against the amendment.
Rep. STAVRINAKIS continued speaking.
Rep. ANTHONY spoke against the amendment.

Those who voted in the affirmative are:

Allison                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Clemmons
Cooper                 Crawford               Daning
Delleney               Duncan                 Edge
Erickson               Forrester              Frye
Haley                  Hamilton               Hardwick
Harrell                Harrison               Herbkersman
Horne                  Huggins                Kirsh
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Neilson                Owens                  E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scott                  Simrill                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Thompson               Toole
Umphlett               Viers                  White
Willis                 Wylie                  A. D. Young
T. R. Young

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Battle
Bowers                 Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Clyburn                Cole                   Dillard
Funderburk             Gambrell               Gilliard
Govan                  Gullick                Gunn
Hart                   Harvin                 Hayes
Hiott                  Hodges                 Hosey
Howard                 Hutto                  Jefferson

Kelly                  Kennedy                King
Knight                 Mack                   McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Ott                    Parker                 Parks
Pinson                 Rutherford             Sellers
Skelton                J. E. Smith            Vick
Weeks                  Whipper                Whitmire
Williams

So, the amendment was adopted.

I support the idea of Amendment No. 5 to H. 3352, but I do not support invading the province of the school board. Board members are elected officials and are accountable to the voters of the school district.

Rep. Keith Kelly

Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of amendments.

Rep. DUNCAN moved that the House recur to the Morning Hour, which was agreed to.

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

H. 3551 (Word version) -- Reps. Littlejohn, Mitchell, Allison, Anthony, Cole, Forrester, Kelly, Millwood and Parker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-1110, 59-53-1120, 59-53-1130, AND 59-53-1140 AS SUBARTICLE 1 AND ENTITLED "SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION" OF ARTICLE 14, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 2 TO ARTICLE 14, CHAPTER 53, TITLE 59 SO AS TO ENACT THE

H. 3552 (Word version) -- Reps. Duncan, Brantley, Hardwick, Bedingfield, Gilliard, Willis, Clemmons, Daning, Hamilton, Harrison, Lowe, Nanney, M. A. Pitts, G. R. Smith, Spires, Stringer, Umphlett and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-55 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS PROVIDING DEADLINES FOR THE ISSUANCE, DENIAL, RENEWAL, SUSPENSION, AND REVOCATION OF PERMITS, LICENSES, OR OTHER ACTIONS IF A DEADLINE IS NOT PROVIDED BY STATUTE, TO PROVIDE THAT IF THE DEPARTMENT DOES NOT MEET ITS DEADLINE THAT THE PERMIT OR LICENSE MUST BE ISSUED OR A DECISION MUST BE RENDERED IN FAVOR OF THE REQUESTING PARTY, TO AUTHORIZE THE DEPARTMENT TO SUSPEND THE DEADLINE PERIOD FOR CAUSE, AND TO REQUIRE THE DEPARTMENT TO PROVIDE NOTICE OF THE SUSPENSION AND ACTION THAT MUST BE TAKEN TO END THE SUSPENSION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3553 (Word version) -- Rep. Sellers: A BILL TO AMEND SECTION 15-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATUTES OF LIMITATIONS IMPOSED ON ACTIONS BROUGHT BY THE STATE OF SOUTH CAROLINA OR ON ITS BEHALF, SO AS TO PROVIDE A STATUTE OF LIMITATIONS OR STATUTE OF REPOSE MAY NOT APPLY TO AN ACTION BROUGHT BY THE STATE OR FOR ITS BENEFIT.
Referred to Committee on Judiciary

The following was introduced:

H. 3554 (Word version) -- Reps. Mitchell, McEachern, Hosey, Brantley, J. H. Neal, Kennedy, Alexander, King, Hart, Jefferson, Govan, Hodges, Sellers,

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

Rep. STAVRINAKIS moved to reconsider the vote whereby Amendment No. 5 to H. 3352 (Word version) was adopted and the motion was noted.

The Senate returned to the House with concurrence the following:

H. 3338 (Word version) -- Reps. King and Simrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 5 IN YORK COUNTY FROM ITS INTERSECTION WITH CHERRY ROAD TO ITS INTERSECTION WITH HECKLE BOULEVARD "JUANITA GOGGINS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JUANITA GOGGINS HIGHWAY".

H. 3474 (Word version) -- Reps. Harrison, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle,

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.

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,

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.

At 1:30 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of Mrs. Ellen Jenkins of Barnwell, to meet at 10:00 a.m. tomorrow.

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