Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 143:8a "Let the morning bring me word of your unfailing love, for I have put my trust in you."
Let us pray. Almighty God, You have blessed us in so many ways. Your ways are not our ways. Guide these Representatives in Your ways, so that we may trust in You as You direct the thoughts of these people. When we trust You, we can accomplish great things for the people of this State. Look in favor upon our Nation, President, State, Governor, Speaker, and all who serve in these Halls of Government. By Your blessings wonderful things happen. Protect our defenders of freedom at home and abroad as they protect us. Hear us, O Lord, as we pray. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

Rep. BARFIELD moved that when the House adjourns, it adjourn in memory of Peggy H. Graham of Aynor, which was agreed to.

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

H. 3401 (Word version) -- Reps. Willis, M. A. Pitts and Duncan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME RAIDER ROAD (5-30-497) IN LAURENS COUNTY "JOHN K. HENDRICKS, JR. MEMORIAL MILE", AND ERECT APPROPRIATE MARKERS OR SIGNS

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

S. 274 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY FROM ITS INTERSECTION WITH HIGHWAY 57 TO 2725 HIGHWAY 9 WEST AS THE "REVEREND RICHARD 'DICK' ALDERMAN HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "REVEREND RICHARD 'DICK' ALDERMAN HIGHWAY".
Ordered for consideration tomorrow.

The following was introduced:

H. 3465 (Word version) -- Reps. J. R. Smith, Clyburn, D. C. Smith, Spires, Stewart and T. R. Young: A HOUSE RESOLUTION TO CONGRATULATE MIKE ROSE, AIKEN COUNTY PLANT MANAGER OF BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR THIRTY-SEVEN YEARS OF DEDICATED SERVICE WITH THE COMPANY, AND TO EXTEND BEST WISHES FOR MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 3466 (Word version) -- Reps. Harrell, Cato, Cooper, Duncan, Harrison, Howard, Owens, Sandifer, J. R. Smith, 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, Chalk, Clemmons, Clyburn,

The Resolution was adopted.

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

H. 3467 (Word version) -- Reps. M. A. Pitts, Brantley, Allison, Horne, Rice and Spires: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION AND THE SOUTH CAROLINA TROOPERS' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR DUES OF THE SOUTH CAROLINA FRATERNAL ORDER OF POLICE.
Referred to Committee on Ways and Means

H. 3468 (Word version) -- Reps. Crawford, Stringer, Allison and Wylie: A BILL TO AMEND ARTICLE 3, CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL SERVICES FOR CHILDREN, SO AS TO DEFINE "MANAGER" AND "EMERGENCY MEDICAL TECHNICIAN"; TO REQUIRE THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM TO INCLUDE GUIDELINES FOR DESIGNATION OF PEDIATRIC EMERGENCY DEPARTMENTS, GUIDELINES FOR DISASTER RESPONSES TO CHILDREN AND THEIR FAMILIES, PEDIATRIC DISASTER PREPAREDNESS TRAINING, AND PEDIATRIC SURGE DISASTER PLAN STRATEGIES; TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN ADVISORY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND PURPOSE; AND TO MAKE TECHNICAL CORRECTIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3470 (Word version) -- Rep. Skelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON EACH CIGARETTE IN AN AMOUNT OF TWO AND ONE-HALF CENTS, TO PROVIDE FOR THE CREDITING OF THE REVENUE FROM THE SURTAX TO THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE DEPARTMENT OF AGRICULTURE FOR MARKETING STATE-GROWN CROPS, THE MEDICAID TRUST FUND, AND THE HEALTH CARE TRUST FUND, TO PROVIDE FOR REPORTING, PAYMENT, COLLECTION, AND ENFORCEMENT OF THE SURTAX, AND DEFINE "CIGARETTE"; TO AMEND SECTION 12-21-620, RELATING TO THE ORIGINAL CIGARETTE TAX, SO AS TO CONFORM DEFINITIONS; BY ADDING SECTION 11-11-230 SO AS TO CREATE AND ESTABLISH IN THE STATE TREASURY THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE MEDICAID TRUST FUND, THE HEALTH CARE TRUST FUND, AND THE PALMETTO HEALTH CARE SAFETY NET TRUST FUND, ALL SO AS TO RECEIVE DEPOSITS OF THE REVENUES FROM THE CIGARETTE SURTAX AS SPECIFIED; TO PROVIDE FOR USE OF THE MEDICAID TRUST FUND FOR MEDICAID SERVICES TO LOW INCOME FAMILIES WITH INCOMES UP TO ONE HUNDRED PERCENT OF THE PREVAILING POVERTY LEVEL, PROVIDE FOR ADDITIONAL COVERAGE FOR THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM AND THE AGED, BLIND, AND DISABLED PROGRAM WITH ANY EXCESS FUNDS, AND TO PROVIDE FOR ANNUAL REPORTS ON THE MEDICAID TRUST FUND; TO REDIRECT TO THE HEALTH

H. 3471 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE AN ADDITIONAL TAX ON CIGARETTES EQUAL TO 2.25 CENTS ON EACH CIGARETTE, TO PROVIDE A DEFINITION OF "CIGARETTE", TO CREATE THE COMMUNITY MENTAL HEALTH FUND FOR THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH AND PROVIDE ITS SOURCES OF REVENUE INCLUDING THE REVENUES OF THE TAX IMPOSED PURSUANT TO THIS ACT AND TO PROVIDE FOR THE USES OF FUND REVENUES, TO

H. 3478 (Word version) -- Rep. Bowen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-60 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION MUST DEVELOP A CLASSROOM TEACHER BONUS PROGRAM TO REWARD EXEMPLARY CLASSROOM TEACHERS FOR OUTSTANDING PERFORMANCE, TO PROVIDE THAT THE BONUS MAY NOT EXCEED FIVE PERCENT OF THE TEACHER'S SALARY FOR THE PREVIOUS FISCAL YEAR, AND TO REQUIRE EACH SCHOOL DISTRICT TO MAINTAIN A SEPARATE ACCOUNT FOR THE FUNDING OF THIS PROGRAM WITH FUNDS DRAWN FROM THE OPERATING ACCOUNT OF THE SCHOOL DISTRICT.
Referred to Committee on Ways and Means

H. 3479 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF ROLLBACK MILLAGE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE A FORMULA FOR THE CALCULATION OF ROLLBACK MILLAGE AND TO PROVIDE DEFINITIONS APPLICABLE FOR THE FORMULA.
Referred to Committee on Ways and Means

H. 3480 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 12-37-3140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FAIR MARKET VALUE OF REAL PROPERTY FOR PROPERTY TAX PURPOSES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE FAIR

H. 3481 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 12-37-3150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING WHEN A PARCEL OF REAL PROPERTY MUST BE APPRAISED AND WHAT AN ASSESSABLE TRANSFER OF INTEREST IN REAL PROPERTY INCLUDES, SO AS TO DELETE CERTAIN CIRCUMSTANCES THAT CONSTITUTE ASSESSABLE TRANSFERS OF INTEREST AND TO ADD OTHER CIRCUMSTANCES.
Referred to Committee on Judiciary

H. 3482 (Word version) -- Reps. Whipper, Harrell, Cooper and Mack: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM PROPERTY TAX ALL PERSONAL PROPERTY, INCLUDING AIRCRAFT, OF A COMPANY ENGAGED IN AIR TRANSPORT OF SPECIALIZED CARGO.
Referred to Committee on Ways and Means

H. 3483 (Word version) -- Reps. White, M. A. Pitts, Toole and Willis: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 25 SO AS TO PROVIDE THAT HUNTING, TRAPPING, AND FISHING AND THE TAKING OF WILD ANIMALS, BIRDS, AND FISH ARE A VALUED PART OF OUR HERITAGE AND SHALL BE FOREVER PRESERVED FOR THE PEOPLE, TO PROVIDE THAT FISH AND WILDLIFE SHALL BE MANAGED BY LAWS AND REGULATIONS THAT PROVIDE PERSONS WITH THE CONTINUED OPPORTUNITY TO TAKE, BY TRADITIONAL MEANS AND METHODS, SPECIES TRADITIONALLY PURSUED BY HUNTERS, ANGLERS, AND TRAPPERS, TO PROVIDE FISH AND WILDLIFE MANAGEMENT, INCLUDING TAKING, SHALL BE CONSISTENT WITH THE STATE'S DUTY TO PROTECT THIS HERITAGE AND ITS DUTY TO CONSERVE WILD ANIMALS, BIRDS, AND FISH, TO PROVIDE HUNTING, FISHING, OR TRAPPING BY SPORTSMEN SHALL ALWAYS BE A

H. 3486 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON EACH CIGARETTE IN AN AMOUNT THAT WOULD RAISE THE TOTAL TAX FOR EACH PACK OF CIGARETTES TO THAT OF THE SOUTHEASTERN AVERAGE TAX FOR EACH PACK, TO PROVIDE FOR THE CREDITING OF THE REVENUE FROM THE SURTAX TO THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE DEPARTMENT OF AGRICULTURE FOR MARKETING STATE-GROWN CROPS, THE MEDICAID TRUST FUND, AND THE HEALTH CARE TRUST FUND, TO PROVIDE FOR REPORTING, PAYMENT, COLLECTION, AND ENFORCEMENT OF THE SURTAX, AND DEFINE "CIGARETTE"; TO AMEND SECTION 12-21-620, RELATING TO THE ORIGINAL CIGARETTE TAX, SO AS TO CONFORM DEFINITIONS; BY ADDING SECTION 11-11-230 SO AS TO CREATE AND ESTABLISH IN THE STATE TREASURY THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE MEDICAID TRUST FUND, THE HEALTH CARE TRUST FUND, AND THE PALMETTO HEALTH CARE SAFETY NET TRUST FUND, ALL SO AS TO RECEIVE DEPOSITS OF THE REVENUES FROM THE CIGARETTE SURTAX AS SPECIFIED; TO PROVIDE FOR USE OF THE MEDICAID TRUST FUND FOR MEDICAID SERVICES TO LOW INCOME FAMILIES WITH INCOMES UP TO ONE HUNDRED PERCENT OF THE PREVAILING POVERTY LEVEL, PROVIDE FOR ADDITIONAL COVERAGE FOR THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM AND THE AGED, BLIND, AND DISABLED PROGRAM WITH ANY EXCESS

H. 3487 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-780 SO AS TO PROVIDE THAT A LEAVE DONOR UNDER THE STATE EMPLOYEES LEAVE TRANSFER PROGRAM ALSO MAY DONATE SICK LEAVE OR ANNUAL LEAVE OR BOTH TO A SPECIFIC LEAVE RECIPIENT RATHER THAN TO THE LEAVE POOL ACCOUNT IN THE MANNER THE HUMAN RESOURCE MANAGEMENT DIVISION SHALL DIRECT.
Referred to Committee on Ways and Means

H. 3488 (Word version) -- Rep. J. E. Smith: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED

H. 3489 (Word version) -- Reps. Harrell, Cato, Sandifer, Cooper, Duncan, Owens, White, Bingham, A. D. Young, Huggins, E. H. Pitts, Edge, Toole, Kirsh, J. R. Smith, G. R. Smith, Brady, Crawford, Barfield, Bedingfield, Hardwick, Erickson, Loftis, Pinson, Rice, Hiott, Littlejohn, Allison, Chalk, Daning, Bowen, Gambrell, Hamilton, Wylie, Sottile, Nanney, Parker, Forrester, Haley, Millwood, Battle, Frye, Simrill, Spires, Thompson and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA FAIRNESS IN CIVIL JUSTICE ACT OF 2009" BY AMENDING ARTICLE 1, CHAPTER 32, TITLE 15, PREVIOUSLY RESERVED, SO AS TO PROVIDE DEFINITIONS FOR PURPOSES OF THE CHAPTER; TO AMEND SECTION 15-32-220, AS AMENDED, RELATING TO LIMITS ON NONECONOMIC DAMAGES, AND ARTICLE 5, CHAPTER 32, TITLE 15, RELATING TO PUNITIVE DAMAGES, BOTH SO AS TO PROVIDE LIMITS ON THE AWARD OF NONECONOMIC AND PUNITIVE DAMAGES IN ALL PERSONAL INJURY ACTIONS AND TO PROVIDE FOR CERTAIN PROCEDURES AND REQUIREMENTS RELATING TO THE AWARD OF THESE DAMAGES; BY ADDING SECTION 1-7-750 SO AS TO ENACT THE "PRIVATE ATTORNEY RETENTION SUNSHINE ACT" TO GOVERN THE RETENTION OF PRIVATE ATTORNEYS BY THE ATTORNEY GENERAL OR A SOLICITOR AND TO PROVIDE TERMS AND CONDITIONS GOVERNING THE RETAINER AGREEMENT INCLUDING LIMITS ON THE COMPENSATION OF OUTSIDE COUNSEL IN CONTINGENCY FEE CASES; TO AMEND SECTION 15-3-670, RELATING TO LIMITATIONS ON ACTIONS BASED ON UNSAFE OR DEFECTIVE IMPROVEMENTS TO REAL PROPERTY, SO AS TO PROVIDE THAT THE VIOLATION OF A BUILDING CODE DOES NOT CONSTITUTE PER SE FRAUD, GROSS NEGLIGENCE, OR RECKLESSNESS; BY ADDING SECTION 15-3-160 SO AS TO PROVIDE A REBUTTABLE PRESUMPTION THAT A MANUFACTURER OR SELLER IS NOT LIABLE FOR A PRODUCT IF IT IS MANUFACTURED OR SOLD IN A MANNER

H. 3490 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

H. 3491 (Word version) -- Rep. Harvin: A BILL TO AMEND ARTICLE 1, CHAPTER 43, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DONATION OF HUMAN BODIES, PARTS OF THE HUMAN BODY AND HUMAN TISSUE, SO AS TO CONFORM CROSS REFERENCES TO THE REVISED UNIFORM ANATOMICAL GIFT ACT, TO DELETE THE PROVISION STATING THAT A DONOR DESIGNATION ON A DRIVER'S LICENSE DOES NOT CONSTITUTE A GIFT UNDER THE UNIFORM ANATOMICAL GIFT ACT; TO AMEND ARTICLE 5, CHAPTER 43, TITLE 44, RELATING TO THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO CHANGE THE ACT NAME TO THE REVISED UNIFORM ANATOMICAL GIFT ACT, AND, AMONG OTHER THINGS, TO REVISE DEFINITIONS, DONOR ELIGIBILITY, DONATION AMENDMENT AND REVOCATION PROCEDURES, THE PRIORITY ORDER TO GIVE CONSENT, SUBSTITUTE DONOR PROCEDURES, DONEE QUALIFICATIONS, AND ALTERNATIVE DONEE PROCEDURES; TO ESTABLISH PROCEDURES FOR REFUSAL TO MAKE AN ANATOMICAL GIFT; TO REQUIRE CERTAIN LAW ENFORCEMENT, HOSPITAL PERSONNEL, AND ORGAN PROCUREMENT ORGANIZATIONS TO MAKE REASONABLE SEARCHES FOR DONOR INFORMATION AND DONOR REFUSAL INFORMATION; TO PROVIDE THAT A PHYSICIAN WHO ATTENDED A PERSON AT DEATH OR WHO DETERMINES THE TIME OF DEATH MAY NOT PARTICIPATE IN REMOVAL OR TRANSPLANTATION PROCEDURES; TO ESTABLISH

H. 3492 (Word version) -- Reps. Kennedy, Bingham, Brantley, Cato, McEachern, Clyburn, Hodges, Hosey, Jefferson, King and Williams: A BILL TO AMEND SECTION 40-59-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF RESIDENTIAL HOME BUILDERS SO AS TO INCREASE FROM FIVE THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS THE AMOUNT THAT A PERSON MAY UNDERTAKE IN THE CONSTRUCTION, REPAIR, OR IMPROVEMENT OF A RESIDENTIAL BUILDING WITHOUT BEING CONSIDERED A RESIDENTIAL HOME BUILDER SUBJECT TO LICENSURE AND REGULATIONS BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION.
Rep. KENNEDY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. HUGGINS objected.
Referred to Committee on Labor, Commerce and Industry

The following was introduced:

H. 3472 (Word version) -- Reps. Cole, Allison, Anthony, Forrester, Kelly, Littlejohn, Millwood, Mitchell and Parker: A HOUSE RESOLUTION TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO MRS. EUDORA "DODIE" GRAHAM OF SPARTANBURG COUNTY FOR HER NINETEEN YEARS OF DEDICATED VOLUNTEER SERVICE AS A MEMBER OF THE SPARTANBURG COUNTY VOTER REGISTRATION BOARD.

The Resolution was adopted.

The following was introduced:

H. 3473 (Word version) -- Rep. Anthony: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNION COUNTY CARNEGIE LIBRARY FOR BEING SELECTED THE LIBRARY JOURNAL BEST SMALL LIBRARY IN AMERICA 2009.

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

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

H. 3474 (Word version) -- Reps. Harrison, 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, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens,

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

That the Chief Justice of the South Carolina Supreme Court, the Honorable Jean Hoefer Toal, is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 noon on Wednesday, February 25, 2009.

Be it further resolved that a copy of this resolution be forwarded to
Chief Justice Toal.

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

The following was introduced:

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 ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

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 ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 3477 (Word version) -- Reps. Neilson, Williams and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE DARLINGTON HIGH SCHOOL "LADY FALCONS" SOFTBALL TEAM, OF DARLINGTON COUNTY, ON ITS OUTSTANDING SEASON AND IMPRESSIVE WIN OF THE 2008 CLASS AAA STATE CHAMPIONSHIP TITLE.

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

The following was introduced:

H. 3484 (Word version) -- Rep. G. A. Brown: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF PASTOR WILBERT CARL WILKS OF HORRY COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

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

H. 3485 (Word version) -- Reps. Neilson, Williams and Lucas: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DARLINGTON HIGH SCHOOL "LADY FALCONS" SOFTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2008 CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

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

The Resolution was adopted.

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

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
G. A. Brown            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              Kelly                  Kennedy
King                   Kirsh                  Knight
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Mack
McEachern              McLeod                 Merrill
Miller                 Millwood               Mitchell
Moss                   Nanney                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parker                 Parks
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scott                  Sellers                Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Thompson               Toole
Umphlett               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 10.

James Lucas                       Ted Vick
James E. Stewart                  Jackson "Seth" Whipper

Announcement was made that Dr. Ted Watson of Anderson 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. 3003 (Word version)
Date:   ADD:
02/10/09   SKELTON

Bill Number:   H. 3042 (Word version)
Date:   ADD:
02/10/09   BEDINGFIELD

Bill Number:   H. 3063 (Word version)
Date:   ADD:
02/10/09   BRANHAM

Bill Number:   H. 3067 (Word version)
Date:   ADD:
02/10/09   HARRELL

Bill Number:   H. 3164 (Word version)
Date:   ADD:
02/10/09   WYLIE

Bill Number:   H. 3222 (Word version)
Date:   ADD:
02/10/09   UMPHLETT

Bill Number:   H. 3245 (Word version)
Date:   ADD:
02/10/09   VICK

Bill Number:   H. 3245 (Word version)
Date:   ADD:
02/10/09   MILLWOOD

Bill Number:   H. 3245 (Word version)
Date:   ADD:
02/10/09   HALEY

Bill Number:   H. 3245 (Word version)
Date:   ADD:
02/10/09   DUNCAN

Bill Number:   H. 3297 (Word version)
Date:   ADD:
02/10/09   BRADY

Bill Number:   H. 3299 (Word version)
Date:   ADD:
02/10/09   PARKER

Bill Number:   H. 3299 (Word version)
Date:   ADD:
02/10/09   SKELTON

Bill Number:   H. 3299 (Word version)
Date:   ADD:
02/10/09   WYLIE

Bill Number:   H. 3305 (Word version)
Date:   ADD:
02/10/09   D. C. SMITH, PINSON, J. R. SMITH, SIMRILL, BRANTLEY, WILLIS, HAMILTON, ERICKSON, SOTTILE, RICE, PARKER, ALLISON, LITTLEJOHN, COLE, HIOTT, EDGE, WHITMIRE, HEARN, HARDWICK and SCOTT

Bill Number:   H. 3322 (Word version)
Date:   ADD:
02/10/09   VIERS

Bill Number:   H. 3352 (Word version)
Date:   ADD:
02/10/09   T. R. YOUNG

Bill Number:   H. 3365 (Word version)
Date:   ADD:
02/10/09   T. R. YOUNG

Bill Number:   H. 3442 (Word version)
Date:   ADD:
02/10/09   T. R. YOUNG

Bill Number:   H. 3463 (Word version)
Date:   ADD:
02/10/09   HIOTT

Bill Number:   H. 3457 (Word version)
Date:   ADD:
02/10/09   SELLERS

Bill Number:   H. 3123 (Word version)
Date:   ADD:
02/10/09   MCLEOD

Bill Number:   H. 3227 (Word version)
Date:   REMOVE:
02/10/09   T. R. YOUNG

Bill Number:   H. 3305 (Word version)
Date:   REMOVE:
02/10/09   MCLEOD

The following Bill was taken up:

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

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (COUNCIL\DKA\3144DW09):

"(C)   Notwithstanding another provision of this chapter, upon the effective date of this subsection, a LEC that is operating pursuant to subsection (B), or a LEC that complies with subsection (A), may elect to have its rates, terms, and conditions for its services determined pursuant to the plan described in this subsection. If at the time of this election the LEC is operating pursuant to subsection (B) above, the election becomes effective five days after the notice of the election is filed with the commission. Otherwise, the election becomes effective in the same manner as provided for in subsection (B)(1).

(1)   As used in this subsection:

(a)   'Single-line basic residential service' means single-line residential flat rate basic voice grade local service with touch tone within a traditional local calling area that provides access to available emergency services and directory assistance, the capability to access interconnecting carriers, relay services, access to operator services, and one annual local directory listing (white pages or equivalent).

(b)   'Stand-alone basic residential line' means single line basic residential service that is billed on a billing account that also does not contain another service, feature, or product that is sold by the LEC or an affiliate of the LEC and that is billed on a recurring basis on the LEC's bill.

(c)   'Preelection date' means the date immediately before the effective date of the LEC's election under this subsection.

(d)   'LEC's preelection state USF withdrawal' means the amount of annual distributions or payments the LEC receives from the state USF as of the preelection date.

(e)   'LEC's state USF reduction' means an amount equal to twenty percent of the LEC's preelection state USF withdrawal.

(f)   'LEC's preelection Interim LEC fund withdrawal' means the amount of annual distributions or payments the LEC receives from the Interim LEC Fund as of the preelection date.

(g)   'LEC's Interim LEC fund reduction' means twenty percent of the LEC's preelection Interim LEC fund withdrawal.

(h)   'LEC' has the same meaning as provided for in Section 58-9-10(12).

(2)   Beginning on the date that the LEC's election under this subsection becomes effective, the LEC may increase its rates for its stand-alone basic residential lines that were in service on the preelection date on an annual basis by a percentage that does not

(a)   impose any requirements related to the terms, conditions, rates, or availability of any of the LEC's stand-alone basic residential lines that were in service on the preelection date; or

(b)   otherwise regulate any of the LEC's stand-alone basic residential lines that were in service on the preelection date.

(3)   Except to the extent provided for in item (2), beginning on the date of the LEC's election pursuant to this subsection becoming effective, the commission may not:

(a)   impose any requirements related to the terms, conditions, rates, or availability of any of the LEC's retail services; or

(b)   otherwise regulate any of the LEC's retail services, including without limitation any stand-alone basic residential lines put into service after the preelection date.

(4)   Beginning on the date of the LEC's election pursuant to this subsection becoming effective, the commission may not:

(a)   impose any requirements related to the terms, conditions, rates, or availability of any retail interexchange services offered by the LEC or any of its affiliated entities; or

(b)   otherwise regulate any of the retail interexchange services of the LEC or any of its affiliates.

(5)   The LEC shall continue to file schedules regarding its switched access services as required by Section 58-9-230, but the LEC also may enter into contracts for switched access at rates, terms, and conditions that vary from those schedules. The LEC shall file these contracts with the commission and provide a copy of these contracts to the Office of Regulatory Staff, provided that the LEC may redact this information as is necessary to protect the identity of the other party to the contract from public disclosure. This contract, including without limitation a contract between the LEC and an affiliate of the LEC, must be made available to similarly-situated carriers. Beginning on the date that the LEC's election, pursuant to the provisions of this subitem becomes effective, the LEC is not required to file schedules for any of its billing and collection services. Nothing in this subitem otherwise diminishes, and nothing in this subitem expands, the commission's jurisdiction as it exists on the effective date of this subitem over wholesale services, including without limitation switched access

(6)   A LEC's election, pursuant to the provisions of this subsection, does not affect obligations of an incumbent local exchange carrier, as defined by Section 251(h) of the federal Telecommunications Act of 1996, pursuant to Sections 251 and 252 of the federal act or any Federal Communications Commission regulation relating to Sections 251 and 252 of the federal act.

(7)   A LEC's election, pursuant to the provisions of this subsection, does not affect the commission's jurisdiction to enforce federal requirements on the LEC's marketing activities. The commission may not adopt, impose, or enforce other requirements on the LEC's marketing activities, including without limitation any requirements of Orders No. 2001-1036 and 2002-2 the South Carolina Public Service Commission entered in Docket No. 2000-378C.

(8)   Nothing in this section affects the commission's certification authority pursuant to Section 58-9-280(A) or (B), or the commission's authority under federal or state law to make appropriate determinations with respect to market entry or other matters in areas served by small LECs.

(9)   Nothing in this subsection affects an obligation of the LEC and its affiliates to provide contributions to the state USF and Interim LEC fund, and the commission shall ensure that contributions to the state USF and Interim LEC fund, pursuant to the provisions of Section 58-9-280(E), (L), and (M), are maintained at appropriate levels.

(a)   For the one-year period beginning on the date of the LEC's election pursuant to this subsection becoming effective, the LEC is entitled to withdraw from the Interim LEC fund an amount equal to the LEC's preelection Interim LEC fund withdrawal less the LEC's Interim LEC fund reduction. For each subsequent one-year period, the amount the LEC is entitled to withdraw from the Interim LEC fund is reduced by the LEC's Interim LEC fund reduction. Beginning at the expiration of the fourth year after the date of the LEC's election pursuant to this subsection becoming effective, the LEC is no longer entitled to withdraw any funds from the Interim LEC fund.

(b)   Except as otherwise provided in subitem (c) of this item, for the one-year period beginning on the date of the LEC's election pursuant to this subsection becoming effective, the LEC is entitled to withdraw from the state USF an amount equal to the LEC's preelection state USF withdrawal less the LEC's state USF reduction. For each subsequent one-year period, the amount the LEC is entitled to

(c)   Before the end of the fourth year after the date of the LEC's election pursuant to this subsection becoming effective, the LEC may petition the commission to withdraw from the state USF an amount that differs from the amount determined pursuant to subitem (b) of this item. Upon the filing of this petition, the commission, after notice and opportunity for a hearing, shall determine the amount of distributions or payments from the state USF the LEC is entitled to receive, based only on the LEC's stand-alone basic residential lines that were in service on the preelection date and that remain in service as of the date of the LEC's petition. The commission also shall establish a process for annually reducing the amount of distributions or payments from the state USF based on the LEC's stand-alone basic residential lines that were in service on the preelection date and that remain in service as of the adjustment date.

(d)   In addition to any amounts the LEC is entitled to withdraw pursuant to subitems (a), (b), and (c) of this item, the LEC also is entitled to withdraw from the state USF all amounts needed to fund any state Lifeline match that is necessary to ensure that persons enrolled in the Lifeline program receive the maximum federally-funded Lifeline credit amounts available, including without limitation federal baseline credit amounts and federal supplemental credit amounts.

(10)   For those LEC's that have not elected to have rates, terms, and conditions for their services determined pursuant to the plan described in this subsection, the Interim LEC fund and state USF shall continue to operate in accordance with Sections 58-9-280(E), (L), and (M).

(11)(a)   In order to transition to the changes effectuated by items (2), (3), and (4), the rates, terms, and conditions for products and services no longer subject to regulation by the commission which were in effect with a specific term on the preelection date remain in effect for the duration of the specific term as to customers who subscribed to those products or services on or before the preelection date. If no term applied to the products or services as of the preelection date, then the rates, terms, and conditions governing those products or services remain in effect until a written customer service agreement becomes effective as provided for in subitem (b) of this item.

(b)   Except as provided in subitem(a) of this item, the LEC, and the LEC's affiliates offering interexchange services, shall offer existing and new customers a written customer service agreement, which in the case of new customers must be delivered no later than thirty days after the initiation of service. The customer service agreement must include a provision advising the customer that he has thirty days from receipt in which to elect to:

(i)     terminate service with the LEC or the LEC's affiliates offering interexchange services by contacting the entity within the thirty-day time period, in which case the customer has the right to pay off the account in the same manner and under the same rates, terms, and conditions as set forth in the written customer service agreement provided to the customer, which written customer service agreement must relate back in its entirety to the date of a new customer's request for service or the date the agreement was sent to an existing customer, as applicable, and is in effect until termination through pay off. The written customer service agreement must not impose termination charges, transfer charges, or similar charges or limitations that did not apply to the customer's service on the preelection date; or

(ii)   use the services of the LEC or the LEC's affiliates offering interexchange services, or to otherwise continue the account with the LEC or the LEC's affiliates offering interexchange services after the thirty-day time period has elapsed, either of which constitutes the customer's assent to all the rates, terms, and conditions of the written customer service agreement. The written customer service agreement must not impose a term commitment, termination charges, transfer charges, or similar charges or limitations that did not apply to the customer's service on the preelection date. The customer service agreement is deemed received three business days after deposit in the United States mail, first-class delivery.

(12)   The LEC's assessments pursuant to Sections 58-3-100, 58-3-540, and 58-4-60, and the assessments of the LEC's affiliates offering interexchange services pursuant to Sections 58-3-100, 58-3-540, and 58-4-60, continues to be based upon gross income from operation in this State in the same manner as such assessments were calculated before the effective date of this subsection."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Reps. LOFTIS and HARVIN requested debate on the Bill.

Rep. THOMPSON moved to adjourn debate upon the Bill until Wednesday, February 11, which was adopted.

The following Bill was taken up:

H. 3067 (Word version) -- Reps. Clemmons, Brady, M. A. Pitts, Merrill, Wylie, Bingham, Viers and Harrell: 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 CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE POLITICAL PARTY FOR A SINGLE OFFICE IN AN ELECTION; AND TO AMEND SECTION 7-13-320, RELATING TO BALLOTS AND SPECIFICATIONS, SO AS TO PROHIBIT A CANDIDATE'S NAME FROM APPEARING ON THE BALLOT MORE THAN ONCE.

The Judiciary Committee proposed the following Amendment No. 1 (COUNCIL\DKA\3154DW09):
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION   2.   Section 7-13-320(D) of the 1976 Code is amended to read:

"(D)   The names of candidates offering for any other another office shall must be placed in the proper place on the appropriate ballot, stating whether it is a state, congressional, legislative, county, or other office. A candidate's name may not appear on the ballot more than once for any single office for the same election." /
Renumber sections to conform.
Amend title to conform.

Reps. COBB-HUNTER, A. D. YOUNG, HARRISON, J. E. SMITH, LOFTIS, ALLISON, PARKER, KELLY, R. L. BROWN, ERICKSON, HORNE, CLEMMONS, J. H. NEAL, KING, KENNEDY, HOSEY,

The following Bill was taken up:

H. 3245 (Word version) -- Reps. Delleney, Nanney, Simrill, G. R. Smith, G. M. Smith, Lucas, Cooper, Stringer, Parker, Allison, Pinson, Hamilton, Erickson, J. R. Smith, Clemmons, Bedingfield, E. H. Pitts, Owens, Rice, Hiott, Littlejohn, Stewart, Viers, Willis, Loftis, Toole, Wylie, Vick, Millwood, Haley and Duncan: A BILL TO AMEND SECTION 44-41-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO PREREQUISITES TO PERFORMING AN ABORTION, SO AS TO PROVIDE THAT IF AN ULTRASOUND IS PERFORMED, AN ABORTION MUST NOT BE PERFORMED SOONER THAN TWENTY-FOUR HOURS, RATHER THAN SIXTY MINUTES, FOLLOWING THE COMPLETION OF THE ULTRASOUND, TO REQUIRE THE WOMAN TO BE INFORMED OF THE PROCEDURE TO BE INVOLVED AND THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS, AND TO PROVIDE THAT AN ABORTION MAY NOT BE PERFORMED SOONER THAN TWENTY-FOUR HOURS, RATHER THAN ONE HOUR, AFTER THE WOMAN RECEIVES CERTAIN WRITTEN MATERIALS.

Rep. HARRISON requested debate on the Bill.

Rep. COBB-HUNTER moved to adjourn debate on the Bill until Tuesday, February 17.

Rep. DELLENEY moved to table the motion.

Rep. G. R. SMITH demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato

Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Delleney               Duncan                 Edge
Erickson               Forrester              Gambrell
Gilliard               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                Millwood
Moss                   Nanney                 J. M. Neal
Neilson                Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Thompson               Umphlett
Vick                   Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                G. A. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Frye                   Funderburk
Gunn                   Hart                   Harvin
Hayes                  Hodges                 Hosey
Hutto                  Jefferson              Kennedy
King                   Kirsh                  Knight
Mack                   McEachern              McLeod
Miller                 Mitchell               J. H. Neal
Parks                  Sellers                J. E. Smith
Stavrinakis            Weeks                  Williams

Rep. COBB-HUNTER objected to the Bill.

Reps. G. R. SMITH, GUNN and HART requested debate on the Bill.

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

Rep. HARRISON raised the Point of Order that the motion to recommit the Bill to the Judiciary Committee was out of order since five members had already requested debate on the Bill prior to the motion to recommit being made.
SPEAKER HARRELL sustained the Point of Order and ruled the motion to be out of order. The SPEAKER stated that once the House had placed five objections and requests for debate on the Bill that it automatically moved to the contested calendar. He stated further that the only action that could be taken upon the Bill at this time was the addition or deletion of objections and requests for debate. He, therefore, sustained the Point of Order.

Reps. J. E. SMITH, CATO, SELLERS, WEEKS, HOSEY, LOFTIS, ALLISON, KELLY, OWENS, WYLIE, ERICKSON, HERBKERSMAN, MOSS, NANNEY, HAMILTON, J. R. SMITH and D. C. SMITH requested debate on the Bill.

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

The Senate returned to the House with concurrence the following:

H. 3307 (Word version) -- Reps. Gunn and Harrell: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE BARACK H. OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT ASSEMBLY IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE.

H. 3451 (Word version) -- Reps. Chalk, Herbkersman, Erickson, Hodges, 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, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Hiott, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith,

At 1:08 p.m. the House, in accordance with the motion of Rep. BARFIELD, adjourned in memory of Peggy H. Graham of Aynor, to meet at 10:00 a.m. tomorrow.

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