Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Representative J.R. SMITH, as follows:

Our thought for today is from John 6:58: "This is that bread which came down from heaven, not as your fathers did eat manna, and are dead, he that eateth of this bread shall live forever."
Let us pray. Loving God, Your mercy reaches each and every one, let us be thankful for the bread of life this day. As the manna from heaven sustained Your people on their forty year journey, let us always remember Your sustaining mercy for each of us. Let us remember our friends, that may sit with us in this Chamber. God help us always to remember our fellow Members, our Speaker, our State, our Nation, and our President, during these difficult times. We know that You hold today, tomorrow, and eternity, in the palm of Your hands. Your guiding mercy we ask. 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. HAMILTON moved that when the House adjourns, it adjourn in memory of John Brausch of Taylors, which was agreed to.

The House stood in silent prayer for the family of Representative Govan in the death of his sister.

The following was received:

February 17, 2009
The Honorable Charles Reid

Dear Mr. Reid:

Please be advised that I have stepped down from the House Rules Committee. I have written a formal letter to Speaker Harrell, resigning my position on Rules. This is a result of my recent election to the House Ethics Committee.

I appreciate the opportunity to have served on the House Rules Committee.

Sincerely,
Joan Brady

Received as information.

Document No. 3196
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-114-75
South Carolina National Guard College Assistance Program
Received by Speaker of the House of Representatives April 16, 2008
Referred to Education and Public Works Committee
Legislative Review Expiration March 23, 2009
Revised: March 3, 2009
Revised: March 9, 2009

The following was received:

Columbia, S.C., February 17, 2009
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:15 a.m. on Thursday, February 19, 2009, for the purpose of ratifying Acts.

Very respectfully,
President

On motion of Rep. COLE the invitation was accepted.

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

H. 3123 (Word version) -- Reps. J. E. Smith, H. B. Brown, McLeod and Horne: A BILL TO AMEND SECTION 40-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ANY PERSON PRACTICING OR SOLICITING THE CAUSE OF ANOTHER PERSON IN A COURT OF THIS STATE UNLESS HE HAS BEEN ADMITTED AND SWORN AS AN ATTORNEY, SO AS TO PROVIDE THAT THE PERSON MUST BE ENROLLED AS A MEMBER OF THE SOUTH CAROLINA BAR IN ORDER TO PRACTICE LAW OR SOLICIT THE LEGAL CAUSE OF ANOTHER, AND TO PROVIDE THE PRACTICE OF LAW SHALL BE DEFINED BY THE SUPREME COURT PRIOR TO ANY CHARGE BEING FILED PURSUANT TO THIS SECTION.
Ordered for consideration tomorrow.

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

H. 3343 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-5-180 SO AS TO PROVIDE THAT THE ADMINISTRATOR OF A JAIL OR DETENTION CENTER SHALL PROVIDE AN ATTORNEY ACCESS TO HIS CLIENTS WHO ARE CONFINED IN THESE FACILITIES DURING THE PERIOD OF EIGHT O'CLOCK A.M. TO SIX O'CLOCK P.M.
Ordered for consideration tomorrow.

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

H. 3305 (Word version) -- Reps. Bedingfield, Merrill, Bingham, Duncan, Loftis, G. R. Smith, Cato, Owens, Crawford, A. D. Young, Nanney, Bannister, Daning, Harrison, Horne, Kirsh, Lowe, Lucas, E. H. Pitts, Stringer, Thompson, Toole, Wylie, T. R. Young, Long, Rice, Parker, Allison, Littlejohn, Cole, Hiott, Edge, Whitmire, Hearn, Hardwick, D. C. Smith, Pinson, J. R. Smith, Simrill, Brantley, Willis, Hamilton, Erickson, Sottile, Scott, Harrell, Delleney and Gullick: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE II OF

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3084 (Word version) -- Reps. Toole, Wylie and Hamilton: A BILL TO AMEND SECTION 57-3-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMING OF A HIGHWAY FACILITY IN HONOR OF AN INDIVIDUAL, SO AS TO PROVIDE THAT UNLESS THE HIGHWAY FACILITY IS DEDICATED AND NAMED IN HONOR OF EITHER A SERVICEMAN OR LAW ENFORCEMENT OFFICER KILLED IN THE LINE OF DUTY, PUBLIC FUNDS MAY NOT BE USED TO REIMBURSE THE DEPARTMENT OF TRANSPORTATION FOR THE EXPENSES IT INCURS TO NAME AND DEDICATE THE HIGHWAY FACILITY.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3080 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO CERTAIN MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS CONTAINED IN THIS DRIVER'S LICENSE MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT IF THE RESTRICTED LICENSEE PROVES THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND RELIGIOUS SPONSORED EVENTS.
Ordered for consideration tomorrow.

H. 3094 (Word version) -- Reps. Littlejohn, Parker and Agnew: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4975 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A VEHICLE THAT IS NO LONGER PERMITTED AND LICENSED AS AN AMBULANCE UNLESS THE VEHICLE'S EXTERIOR EQUIPMENT AND MARKINGS THAT DISTINGUISH IT AS AN AMBULANCE ARE REMOVED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3175 (Word version) -- Reps. G. R. Smith and G. M. Smith: A BILL TO AMEND SECTION 59-40-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION TO A CHARTER SCHOOL, SO AS TO PROVIDE THAT ENROLLMENT PRIORITY MAY BE GIVEN TO A SIBLING OF A PUPIL ALREADY ENROLLED IN THE CHARTER SCHOOL WHO HAS ATTENDED THE SCHOOL FOR ONE YEAR OR MORE.
Ordered for consideration tomorrow.

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3042 (Word version) -- Reps. Merrill, Parker, Huggins, H. B. Brown, Anderson, J. E. Smith, Miller, M. A. Pitts, Toole, Hayes, Bales, Jennings, Herbkersman, Vick, Rutherford, Hart, Sellers, McLeod, Moss, Hiott, Alexander, Gambrell, Bingham, Brady, Sandifer, Bedingfield and Ott: A BILL TO AMEND SECTIONS 40-81-20, 40-81-50, 40-81-70, 40-81-230, 40-81-280, 40-81-430, AND 40-81-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO REGULATIONS OF VARIOUS ATHLETIC AND SPORTING ACTIVITIES BY THE STATE ATHLETIC COMMISSION; BY ADDING SECTION 40-81-445 SO AS TO MAKE THE COMBATIVE SPORT OF MIXED MARTIAL ARTS LEGAL IN SOUTH CAROLINA, AND TO PROVIDE FOR THE MANNER IN WHICH THE STATE

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3187 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-26 SO AS TO DEFINE THE TERM "LANDSCAPE SERVICE" AND TO PROVIDE THAT A PERSON WHO PROVIDES A LANDSCAPE SERVICE ON A PARCEL OR REAL ESTATE BY VIRTUE OF AN AGREEMENT WITH THE OWNER OF THE REAL ESTATE, AND TO WHOM A DEBT IS DUE FOR HIS PERFORMANCE OF THE LANDSCAPING SERVICE, HAS A MECHANICS' LIEN ON THE REAL ESTATE TO SECURE PAYMENT OF DEBT DUE TO HIM.
Ordered for consideration tomorrow.

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3247 (Word version) -- Reps. Huggins and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-445 SO AS TO PROVIDE A LANDLORD OF A MULTI-FAMILY DWELLING MAY EMPLOY CERTAIN EQUIPMENT OR METHODOLOGY TO DETERMINE THE QUANTITY OF WATER PROVIDED TO EACH SINGLE-FAMILY RESIDENCE WITHIN THE DWELLING, AND TO PROVIDE THE LANDLORD MAY CHARGE A TENANT FOR WATER AND WASTEWATER USED BY HIS SINGLE-FAMILY RESIDENCE, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 27-40-210, RELATING TO GENERAL DEFINITIONS IN THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO DEFINE A MULTI-FAMILY DWELLING; AND TO AMEND SECTION 27-40-440, RELATING TO A LANDLORD'S OBLIGATIONS, SO AS TO PROVIDE SPECIFIC REQUIREMENTS

The following was introduced:

H. 3555 (Word version) -- Rep. Hayes: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE JEROME SINGLETON, JR., OF LEXINGTON COUNTY FOR HIS OUTSTANDING PERFORMANCE AT THE PARALYMPIC GAMES IN BEIJING, CHINA, IN SEPTEMBER 2008, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

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

H. 3556 (Word version) -- Reps. Loftis, Bedingfield, Nanney, Dillard, Cato, Allen, G. R. Smith, Hamilton, Rice, Stringer, Willis and Wylie: A BILL TO CHANGE THE NAME OF THE WESTERN CAROLINA REGIONAL SEWER AUTHORITY TO RENEWABLE WATER RESOURCES.
On motion of Rep. LOFTIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3558 (Word version) -- Reps. Thompson and Simrill: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO MAKE CONFORMING AMENDMENTS TO REFLECT AN INCREASE IN THE AMOUNT REQUIRED TO BE HELD IN THE GENERAL RESERVE FUND PURSUANT TO THE CONSTITUTION OF THIS STATE TO REFLECT GENERAL OBLIGATION BOND DEBT SERVICE AND THE RATE OF REPLENISHMENT OF THAT AMOUNT.
Referred to Committee on Ways and Means

H. 3562 (Word version) -- Reps. Brady and Sandifer: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS OF "GENERAL APPOINTMENT", "LOCAL APPOINTMENT", "SPECIAL APPOINTMENT", "CROP INSURANCE", AND "TRAVEL INSURANCE", CORRECT ARCHAIC LANGUAGE, AND MAKE CONFORMING AMENDMENTS; TO AMEND SECTION 38-39-20, RELATING TO PREMIUM SERVICE COMPANIES, SO AS TO PROVIDE THAT THE FEE FOR LICENSURE TO ENGAGE IN SERVICING INSURANCE PREMIUMS IN THIS STATE IS DUE ON A BIENNIAL BASIS RATHER THAN ON AN ANNUAL BASIS; TO AMEND SECTION 38-43-80, AS AMENDED, RELATING TO LICENSE FEES FOR INSURANCE PRODUCERS AND AGENCIES, SO AS TO PROVIDE FOR A BIENNIAL PRODUCER LICENSE RENEWAL FEE OF TWENTY-FIVE DOLLARS, INCREASE THE INITIAL PRODUCER LICENSE RENEWAL FEE FROM TWENTY DOLLARS TO TWENTY-FIVE DOLLARS, AND PROVIDE FOR THE REQUIREMENTS RELATING TO THE PAYMENT OF APPOINTMENT FEES; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE PRODUCERS, SO AS TO PROVIDE THAT THE BIENNIAL COMPLIANCE PERIOD IS BASED ON THE LICENSEE'S MONTH AND YEAR OF

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

H. 3557 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 24, 2009, SOUTH CAROLINA REALTOR DAY IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.

Whereas, a healthy and happy society must fulfill the desires and aspirations of the majority of its members while protecting the rights of each of its individual entities; and

Whereas, our citizens desire to live in communities where the wonders of our Creator are shaped and preserved and where the prosperity of the members of the society, as well as the animal and plant life indigenous to the environment, is protected and nurtured; and

Whereas, our forefathers found it prudent and wise to ensure the protection of an individual's property rights by establishing these rights in both the Fifth and Fourteenth Amendments to the United States Constitution; and

Whereas, homeownership provides a sense of security for South Carolina families and their children and results in better education, more secure neighborhoods, and a better quality of life for our children; and

Whereas, the purchase of a home for most South Carolinians is the single largest investment they will ever make; and

Whereas, all families in South Carolina regardless of race, color, religion, gender, handicap, familial status, or national origin should have the opportunity to pursue the American dream of homeownership; and

Whereas, housing affordability and choices should be market driven, based on the principles of free enterprise, so the American dream of homeownership can be protected and preserved for future generations of South Carolinians; and

Whereas, South Carolina REALTORS is an association with nearly twenty-two thousand members and twenty-two local associations throughout the State; and

Whereas, the members of South Carolina REALTORS provide diverse and specialized services in South Carolina in the purchase, sale, leasing, or appraisal of real property, including residential, commercial, industrial, retail development, consulting services, estates, foreclosures, international affairs, investments, luxury homes, property management, and property rehabilitation; and

Whereas, in addition to the unmatched array of member programs, products, and services that South Carolina REALTORS provides to its

Whereas, South Carolina REALTORS has for many years developed and distributed uniform lease and other common real estate forms that are used and relied on by realtors in South Carolina; and

Whereas, beyond the services it provides to its members and real estate professionals, South Carolina REALTORS has taken public-interest positions on local, regional, state, and federal issues relating to the protection of consumers and the real estate industry, including private-property rights, seller disclosure initiatives, and undue taxation; and

Whereas, South Carolina REALTORS and its members are truly the keepers of the American dream of homeownership. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, declare Tuesday, February 24, 2009, South Carolina Realtor Day in order to recognize and honor the many outstanding realtors and real estate professionals in our State.

Be it further resolved that a copy of this resolution be forwarded to Richard Berger, 2009 President of South Carolina REALTORS.

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

The Senate sent to the House the following:

S. 429 (Word version) -- Senators Reese, S. Martin and Bright: A CONCURRENT RESOLUTION TO SALUTE THE NATIONAL BETA CLUB, FOUNDED AT LANDRUM HIGH SCHOOL IN SPARTANBURG

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

The Senate sent to the House the following:

S. 430 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE C. DAVID WARREN, EXECUTIVE DIRECTOR OF THE RICHLAND COUNTY PUBLIC LIBRARY, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS THIRTY YEARS OF DEDICATED SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

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

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

Alexander              Allen                  Allison
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                G. A. Brown            R. L. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Cole
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              Kelly
Kennedy                King                   Kirsh
Knight                 Limehouse              Littlejohn
Loftis                 Long                   Lucas
Mack                   McEachern              Merrill
Miller                 Millwood               Mitchell
Moss                   Nanney                 J. M. Neal
Neilson                Ott                    Owens
Parker                 Parks                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Thompson               Toole
Umphlett               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 Wednesday, February 18.

Paul Agnew                        Curtis Brantley
Boyd Brown                        Daniel Cooper
Kris Crawford                     Douglas Jennings
Phillip Lowe                      Walton McLeod
Joseph Neal                       Bakari Sellers
Ted Vick                          Jackson "Seth" Whipper
Todd Rutherford
Jim Stewart   Thad Viers

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

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

Rep. CLEMMONS presented to the House the Myrtle Beach High School "Seahawks" Varsity Football Team, the 2008 AAA Champions, their coaches and other school officials.

Rep. FORRESTER presented to the House students and school officials from the South Carolina School for the Deaf and the Blind for the purpose of recognizing their unique accomplishments.

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. 3352 (Word version)
Date:   ADD:
02/18/09   BALES and UMPHLETT

Bill Number:   H. 3042 (Word version)
Date:   ADD:
02/18/09   OTT

Bill Number:   H. 3063 (Word version)
Date:   ADD:
02/18/09   DUNCAN

Bill Number:   H. 3067 (Word version)
Date:   ADD:
02/18/09   NANNEY and BEDINGFIELD

Bill Number:   H. 3170 (Word version)
Date:   ADD:
02/18/09   R. L. BROWN and WHIPPER

Bill Number:   H. 3342 (Word version)
Date:   ADD:
02/18/09   BEDINGFIELD, RICE and VICK

Bill Number:   H. 3455 (Word version)
Date:   ADD:
02/18/09   MILLER

Bill Number:   H. 3526 (Word version)
Date:   ADD:
02/18/09   WHITE

Bill Number:   H. 3527 (Word version)
Date:   ADD:
02/18/09   WHITE

Bill Number:   H. 3530 (Word version)
Date:   ADD:
02/18/09   GULLICK

Bill Number:   H. 3550 (Word version)
Date:   ADD:
02/18/09   HUTTO

Bill Number:   H. 3565 (Word version)
Date:   ADD:
02/18/09   A. D. YOUNG and HORNE

Bill Number:   H. 3509 (Word version)
Date:   ADD:
02/18/09   HALEY

Bill Number:   H. 3303 (Word version)
Date:   REMOVE:
02/18/09   SELLERS

Bill Number:   H. 3525 (Word version)
Date:   REMOVE:
02/18/09   HOSEY

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, Bedingfield, Williams, Vick, Horne, Bales and Umphlett: 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

The motion of Rep. STAVRINAKIS to reconsider the vote whereby Amendment No. 5 was adopted was taken up:

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 moved to table the motion to reconsider.

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

Allison                Bales                  Bannister
Bedingfield            Bingham                Bowen
Cato                   Chalk                  Cooper
Crawford               Delleney               Duncan
Edge                   Erickson               Frye
Haley                  Hamilton               Harrell
Horne                  Howard                 Kirsh
Limehouse              Loftis                 Long
Lowe                   Merrill                Millwood
Nanney                 Owens                  Parker
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Simrill
D. C. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Thompson               Toole                  Viers
White                  A. D. Young            T. R. Young

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Barfield               Battle
Brady                  Branham                G. A. Brown
H. B. Brown            R. L. Brown            Clemmons
Clyburn                Cobb-Hunter            Cole
Funderburk             Gambrell               Gilliard
Govan                  Gullick                Gunn
Hart                   Hayes                  Herbkersman
Hiott                  Hosey                  Hutto
Jennings               Kelly                  Kennedy
King                   Littlejohn             Lucas
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Pinson                 Skelton
J. E. Smith            Stavrinakis            Vick
Whipper                Williams               Willis

Rep. COOPER spoke against the motion to reconsider.

Rep. SANDIFER moved to adjourn debate on the motion to reconsider, which was agreed to.

Rep. ERICKSON proposed the following Amendment No. 6 (COUNCIL\NBD\11280BH09), which was tabled:
Amend the joint resolution, as and if amended, SECTION 2, item 1., as contained on page 3352-1, lines 30-31, by deleting the item in its entirety and inserting:
/1.   suspension from professional staffing ratios and subfund level expenditure regulations and guidelines, except that five year old kindergarten through twelfth grade classroom standards may increase no more than twenty percent and no increase may be made in pre-kindergarten or lower grade levels;/
Renumber sections to conform.
Amend title to conform.

Rep. ERICKSON explained the amendment.

Rep. SELLERS moved to table the amendment.

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

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Ballentine
Battle                 Bowers                 Branham
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Cole                   Dillard                Duncan
Funderburk             Gambrell               Gilliard
Gullick                Gunn                   Haley
Hart                   Hayes                  Hiott
Hosey                  Howard                 Huggins
Hutto                  Jefferson              Jennings
Kelly                  Kennedy                King

Knight                 Littlejohn             Lucas
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Ott
Parker                 Parks                  Pinson
M. A. Pitts            Rutherford             Sellers
Skelton                G. M. Smith            J. E. Smith
Vick                   Weeks                  Whipper
White                  Whitmire               Williams
Willis

Those who voted in the negative are:

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

So, the amendment was tabled.

Rep. BOWEN proposed the following Amendment No. 8 (COUNCIL\GGS\22246MM09), which was ruled out of order:
Amend the joint resolution, as and if amended, SECTION 4, as found on page 3, by deleting SECTION 4 in its entirety and inserting:

Rep. BOWEN explained the amendment.

Rep. OTT raised the Point of Order that Amendment No. 8 was out of order in that the Amendment affected fiscal year 2011-2012 and the fiscal years beyond, while the Joint Resolution was a temporary measure dealing only with fiscal years 2008-2009 and 2009-2010.
Speaker HARRELL stated that a similar Point of Order had been raised on March 8, 2000. He stated that the Amendment was out of order in that the Amendment was a permanent change to the law, but the Joint Resolution was only a temporary measure. He stated that the Amendment was in violation of Rule 10.3(1)c and House precedents. He therefore sustained the Point of Order and ruled the Amendment out of order.

Reps. OTT and CRAWFORD proposed the following Amendment No. 10 (COUNCIL\GGS\22247MM09):
Amend the joint resolution, as and if amended, by deleting SECTION 4 in its entirety and inserting:
/SECTION   __.   In order for a school district to take advantage of the flexibility provisions provided in this joint resolution and for the 2009 to 2010 Fiscal Year 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 including, but not limited to, instruction, institutional support such as guidance and media, transportation, and food services. No portion of the sixty-five percent may include monies received as a portion of the federal stimulus package. No portion of the sixty-five percent may be

Rep. OTT explained the amendment.

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

Rep. OTT moved that the House recur to the morning hour.

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

H. 3563 (Word version) -- Reps. M. A. Pitts, Vick, Bedingfield, Crawford, Hardwick, G. R. Smith, Duncan, Pinson, Toole, A. D. Young, Hamilton, Nanney, Lowe, Rice, Spires, Umphlett, Willis and Wylie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-75 SO AS TO REQUIRE THE COURT TO DISMISS A POST-CONVICTION RELIEF ACTION THAT IS SUCCESSIVE OR ON THE GROUNDS OF MISUSE OF PROCESS, TO DEFINE MISUSE OF PROCESS, AND TO ALLOW THE COURT TO PENALIZE THE APPLICANT BY REDUCING CERTAIN CREDITS GRANTED BY THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTIONS 17-27-20 AND 17-27-45, RELATING TO PERSONS WHO MAY INSTITUTE A POST-CONVICTION RELIEF ACTION AND FILING PROCEDURES, RESPECTIVELY, SO AS TO ELIMINATE THE PROVISIONS ALLOWING AN ACTION WHEN MATERIAL EVIDENCE WAS NOT PREVIOUSLY PRESENTED OR HEARD; TO AMEND SECTION 17-27-70, RELATING TO COURT PROCEDURES FOR POST-CONVICTION RELIEF APPLICATIONS, SO AS TO REQUIRE THE COURT TO DISMISS ACTIONS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 17-27-80, RELATING TO HEARINGS ON A POST-CONVICTION RELIEF

H. 3564 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-970 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A JAIL, DETENTION CENTER, OR CORRECTIONAL FACILITY TO MONITOR AND RECORD THE TELEPHONE CONVERSATIONS OF AN INMATE AND HIS LEGAL COUNSEL AND TO RELEASE TO THE PUBLIC A RECORDED TELEPHONE CONVERSATION BETWEEN AN INMATE AND ANOTHER PERSON UNLESS THE RELEASE OF THE CONVERSATION IS ESSENTIAL TO PROTECT THE PUBLIC FROM POTENTIAL CRIMINAL ACTIVITY.
Referred to Committee on Judiciary

H. 3565 (Word version) -- Reps. Clemmons and Horne: A BILL TO AMEND SECTION 4-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY COUNCIL MEMBERS HOLDING OTHER OFFICES AND THE SALARY AND COMPENSATION OF COUNCIL MEMBERS, SO AS TO PROVIDE THAT AN ORDINANCE REDUCING THE SALARY OF A COUNCIL MEMBER IS EFFECTIVE ON THIRD READING OF THE ORDINANCE, UNLESS PROVIDED OTHERWISE.
Rep. CLEMMONS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SKELTON objected.
Referred to Committee on Ways and Means

H. 3566 (Word version) -- Reps. Herbkersman, Chalk, Cobb-Hunter, Mitchell, Merrill, King, Parks, Dillard, Bedingfield, Haley, Bowers, Frye, Funderburk, Gambrell, Gunn, Hiott, Howard, McLeod, Miller, Sandifer, G. M. Smith and Umphlett: A BILL TO AMEND SECTION 37-2-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENCY CHARGES

H. 3567 (Word version) -- Reps. Herbkersman, Huggins, Cobb-Hunter, Mitchell, Parks, Dillard, King, Frye, Funderburk, Gunn, Howard, Knight, Merrill, E. H. Pitts, Sandifer, G. M. Smith and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-33-60 SO AS TO PROVIDE THAT A PREEXISTING RENTAL AGREEMENT DOES NOT TERMINATE UPON THE SUBSEQUENT FORECLOSURE OF THE LANDLORD'S MORTGAGE.
Referred to Committee on Judiciary

Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 10:

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, Horne, Bales and Umphlett: 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

Reps. OTT and CRAWFORD proposed the following Amendment No. 10 (COUNCIL\GGS\22247MM09), which was adopted:
Amend the joint resolution, as and if amended, by deleting SECTION 4 in its entirety and inserting:
/SECTION   __.   In order for a school district to take advantage of the flexibility provisions provided in this joint resolution and for the 2009 to 2010 Fiscal Year 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 including, but not limited to, instruction, institutional support such as guidance and media, transportation, and food services. No portion of the sixty-five percent may include monies received as a portion of the federal stimulus package. 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. OTT spoke in favor of the amendment.

Rep. OTT continued speaking.

The question then recurred to the adoption of the amendment.

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

Agnew                  Alexander              Allen
Allison                Anderson               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                Edge                   Forrester
Frye                   Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Hayes
Hearn                  Hiott                  Horne
Hosey                  Howard                 Huggins
Hutto                  Jefferson              Jennings
Kennedy                Kirsh                  Knight
Limehouse              Littlejohn             Long
Lowe                   Lucas                  Mack
McEachern              Merrill                Miller
Millwood               Mitchell               Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  E. H. 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            Stringer
Thompson               Umphlett               Viers
Weeks                  Whipper                White
Williams               Wylie                  A. D. Young
T. R. Young

Those who voted in the negative are:

Anthony                Duncan                 Erickson
Funderburk             Gambrell               Gunn

Kelly                  King                   Parker
Pinson                 M. A. Pitts            Whitmire
Willis

The amendment was then adopted.

The intent of this legislation was to provide flexibility to school districts in order to deal with budget cuts as best they can during these difficult times. I believe that Amendment No. 10 serves to reduce the flexibility the original Bill provided, and it was passed without a thorough understanding of its implications.

Rep. Laurie Slade Funderburk

I support the idea of Amendment No. 10 to H. 3352, but I do not support invading the province of the school board. Again, board members are elected officials and are accountable to the voters of the school district.

Rep. Keith Kelly

The question then recurred to the motion to reconsider the vote whereby Amendment No. 5 was adopted.

The motion to reconsider was rejected by a division vote of 14-41.

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

The following Joint Resolution was taken up:

H. 3170 (Word version) -- Reps. Gunn, Wylie, Hart, Loftis, R. L. Brown and Whipper: 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

Reps. G. R. SMITH, DELLENEY, BEDINGFIELD, HAMILTON, J. R. SMITH, ALLISON, PARKER, OWENS, T. R. YOUNG and DUNCAN requested debate on the Joint Resolution.

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, Duncan, Hiott, Bedingfield, Rice and Vick: 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".

Reps. DELLENEY, G. R. SMITH, KELLY, SELLERS, T. R. YOUNG, KING, OWENS, J. R. SMITH, D. C. SMITH, BEDINGFIELD, ALLISON, WYLIE, MACK, CLYBURN, KENNEDY, R. L. BROWN, WEEKS and VIERS requested debate on the Bill.

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

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

Rep. KELLY explained the Bill.

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 "SPARTANBURG COMMUNITY COLLEGE ENTERPRISE CAMPUS AUTHORITY ACT", AND TO PROVIDE FOR ITS POWERS AND DUTIES.

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 PRESENTING HIMSELF TO VOTE AND VERIFY THAT THE PHOTOGRAPH IS THAT OF THE PERSON SEEKING TO VOTE.

Reps. CLEMMONS and J. R. SMITH requested debate on the Bill.

I object to House Bill 3418.

Rep. Robert L. Brown

Rep. CLEMMONS asked unanimous consent to recall H. 3565 (Word version) from the Committee on Ways and Means.
Rep. KENNEDY objected.

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry:

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.

On motion of Rep. CLEMMONS, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

H. 3565 (Word version) -- Reps. Clemmons, Horne and A. D. Young: A BILL TO AMEND SECTION 4-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY COUNCIL MEMBERS HOLDING OTHER OFFICES AND THE SALARY AND COMPENSATION OF COUNCIL MEMBERS, SO AS TO PROVIDE THAT AN ORDINANCE REDUCING THE SALARY OF A COUNCIL MEMBER IS EFFECTIVE ON THIRD READING OF THE ORDINANCE, UNLESS PROVIDED OTHERWISE.

The following Concurrent Resolution was taken up:

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".

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

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".

The Concurrent Resolution was adopted and sent to the Senate.

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

The following Bill was taken up:

H. 3067 (Word version) -- Reps. Clemmons, Brady, M. A. Pitts, Merrill, Wylie, Bingham, Viers, Harrell, Owens, Nanney and Bedingfield: A BILL TO AMEND SECTION 7-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROHIBIT A CANDIDATE FROM FILING MORE THAN ONE STATEMENT OF INTENTION OF CANDIDACY FOR A SINGLE ELECTION, AND TO PROHIBIT A

Rep. SELLERS moved to adjourn debate on the Bill until Tuesday, February 24, which was rejected by a division vote of 28-47.

Rep. WEEKS moved to recommit the Bill to the Committee on Judiciary.

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

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 R. L. Brown
Chalk                  Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Gunn                   Hayes                  Hosey
Hutto                  Jefferson              Jennings
Kennedy                King                   Mack
McEachern              Miller                 Mitchell
J. H. Neal             J. M. Neal             Ott
Parks                  Sellers                Vick
Weeks                  Whipper                Williams

Those who voted in the negative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Clemmons               Cole                   Daning
Delleney               Duncan                 Edge
Erickson               Forrester              Frye
Gambrell               Gullick                Haley

Hamilton               Hardwick               Harrison
Harvin                 Hearn                  Hiott
Horne                  Huggins                Kirsh
Knight                 Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                Millwood
Moss                   Nanney                 Neilson
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Thompson               Umphlett               Viers
White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

So, the House refused to recommit the Bill.

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

Rep. CLEMMONS moved that the House recur to the morning hour.

The following was introduced:

H. 3568 (Word version) -- Reps. Huggins, 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, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood,

The Resolution was adopted.

The following was introduced:

H. 3569 (Word version) -- Reps. Horne, A. D. Young, Harrell and Knight: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE SUMMERVILLE HIGH SCHOOL COMPETITIVE CHEER TEAM ON ITS IMPRESSIVE WIN OF THE 2008 CLASS AAAA SOUTH CAROLINA HIGH SCHOOL LEAGUE COMPETITIVE CHEER CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM AND COACH SAUNDRA GUERARD ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.

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

H. 3570 (Word version) -- Reps. Horne, A. D. Young, Harrell and Knight: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SUMMERVILLE HIGH SCHOOL COMPETITIVE CHEER TEAM, COACH, 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

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 Summerville High School competitive cheer team, coach, 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 AAAA State Championship title.

The Resolution was adopted.

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

H. 3571 (Word version) -- Rep. Umphlett: A BILL TO AMEND SECTION 50-11-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING OR DESTROYING THE NESTS OR EGGS OF WILD BIRDS, SO AS TO DEFINE THE TERM "ACTIVE NEST" AND TO PROVIDE THAT THE DEPARTMENT MAY ISSUE PERMITS FOR THE REMOVAL OF CERTAIN ACTIVE NESTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3572 (Word version) -- Rep. Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 50-5-1707 RELATING TO SHARK CATCH LIMITS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3573 (Word version) -- Reps. Herbkersman and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-180 SO AS TO MAKE IT AN UNLAWFUL TRADE PRACTICE FOR A BANK, BUILDING AND LOAN ASSOCIATION, SAVINGS AND LOAN ASSOCIATION, SAVINGS BANK, OR OTHER FINANCIAL INSTITUTION DOING ANY KIND OF BANKING BUSINESS IN THIS STATE TO FAIL TO

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

The Senate returned to the House with concurrence the following:

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.

At 12:08 p.m. the House, in accordance with the motion of Rep. HAMILTON, adjourned in memory of John Brausch of Taylors, to meet at 10:00 a.m. tomorrow.

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