South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives


Printed Page 996 . . . . . Wednesday, February 15, 2006

Wednesday, February 15, 2006
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 118:14: "The Lord is my strength and my song; he has become my salvation."
Let us pray. Let us give thanks unto the Lord for He is good. Our mighty God, give these servant Representatives strength to carry out the duties they have been elected to do. Prop them up to greater service and caring for Your people. Let Your light continually shine upon them. Bless our Nation, our President, our Governor, our State and her leaders. Bless and keep our defenders of freedom safe. Hear our prayer, O God. 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.

MOTION ADOPTED

Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Jerry Watson of Camden, which was agreed to.

MESSAGE FROM THE SENATE

Columbia, S.C., February 14, 2005
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 Wednesday, February 15, 2006, for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. LEACH the invitation was accepted.


Printed Page 997 . . . . . Wednesday, February 15, 2006

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 14, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leatherman, Grooms and McGill of the Committee of Conference on the part of the Senate on S. 1026:

S. 1026 (Word version) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. V. Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT.

Very respectfully,
President
Received as information.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 3040
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-210, 50-3-100, 50-11-10, 50-11-65, 50-11-105, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-430, 50-11-500, 50-11-520, 50-11-530, 50-11-854, and 50-11-2200
Hunting in Wildlife Management Areas
Received by Speaker of the House of Representatives
February 14, 2006


Printed Page 998 . . . . . Wednesday, February 15, 2006

Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration January 21, 2007 (Subject to Sine Die Revision)

REPORTS OF STANDING COMMITTEES

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

H. 4316 (Word version) -- Reps. Harrell, Clark, Bailey, Hinson, Harrison, Altman, G. R. Smith, Cotty, Whipper, Taylor, Kirsh, M. A. Pitts, Coates, G. M. Smith, Moody-Lawrence, Toole, Brady, Littlejohn, Sandifer, Mahaffey, McLeod, Funderburk, R. Brown, Haley and Owens: A BILL TO AMEND SECTION 39-5-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED.
Ordered for consideration tomorrow.

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

S. 353 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 15, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTS AND PILOTAGE, SO AS TO REVISE THE JURISDICTION OF THE COMMISSIONERS OF PILOTAGE FOR CHARLESTON AND GEORGETOWN AND PROVIDE THAT THESE ARE THE ONLY COMMISSIONERS OF PILOTAGE IN THIS STATE, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMMISSIONERS ARE SELECTED AND OPERATE AND PILOTS ARE LICENSED, TRAINED, AND REGULATED.
Ordered for consideration tomorrow.


Printed Page 999 . . . . . Wednesday, February 15, 2006

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3879 (Word version) -- Reps. M. A. Pitts, Hardwick, Witherspoon, E. H. Pitts, Agnew, J. Brown, Hagood, Jefferson, Leach, Littlejohn, Sandifer, Sinclair, G. R. Smith, W. D. Smith, Umphlett, Duncan and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER ASSISTED REMOTE HUNTING, TO DEFINE COMPUTER ASSISTED REMOTE HUNTING FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3922 (Word version) -- Reps. Witherspoon, Ott, Umphlett, Barfield, Cato and Bailey: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 18 SO AS TO ENACT THE "MERCURY SWITCH REMOVAL ACT OF 2005" IN ORDER TO ACHIEVE REDUCTIONS OF MERCURY IN THE ENVIRONMENT THROUGH REMOVAL AND COLLECTION OF MERCURY SWITCHES FROM MOTOR VEHICLES WEIGHING LESS THAN TWELVE THOUSAND POUNDS; TO PROVIDE THAT EVERY MANUFACTURER OF MOTOR VEHICLES SOLD IN THIS STATE TO WHICH THIS CHAPTER APPLIES SHALL DEVELOP A MERCURY MINIMIZATION PLAN TO BE FILED WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR CERTAIN COSTS WITH REGARD TO THE COLLECTION AND RECOVERY OF MERCURY SWITCHES TO BE PAID BY THE VEHICLE MANUFACTURER; TO PROVIDE FOR OTHER RELATED PROVISIONS PERTAINING TO THE RECYCLING, STORAGE, AND DISPOSAL OF MERCURY SWITCHES, INCLUDING DESIGNATING MERCURY SWITCHES AS UNIVERSAL WASTE AND REQUIRING THE DEPARTMENT TO PROMULGATE


Printed Page 1000 . . . . . Wednesday, February 15, 2006

REGULATIONS FOR THE MANAGEMENT OF THESE SWITCHES; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 4165 (Word version) -- Reps. M. A. Pitts, Rhoad, Umphlett, E. H. Pitts, Loftis, Whipper, Witherspoon, Haley, Hardwick, Agnew, Anderson, Vaughn, Mahaffey, Leach, Bales, Clemmons, Cooper, Littlejohn, Owens, Taylor, Weeks, Whitmire, Duncan and Toole: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING NATURAL RESOURCES ENFORCEMENT OFFICERS, SO AS TO REVISE THE RESIDENCY REQUIREMENTS FOR THESE ENFORCEMENT OFFICERS.
Ordered for consideration tomorrow.

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

H. 4502 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Young, Bingham, Bailey, Loftis, Perry, Haskins, Witherspoon, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Ott, Mack and Vick: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE I, SECTIONS 13 AND 17, AND ARTICLE XIV, SECTION 5 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO CONSOLIDATE IN ARTICLE I, SECTION 13 PROVISIONS FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY PUBLIC BODIES OF THIS STATE BY AMENDING ARTICLE I, SECTION 17, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, BY DELETING THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS RELATING TO THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, AND BY AMENDING ARTICLE XIV TO DELETE SECTION 5 OF THAT ARTICLE, RELATING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY OR WITHIN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND


Printed Page 1001 . . . . . Wednesday, February 15, 2006

LAURENS COUNTIES; TO PROVIDE FURTHER THAT PRIVATE PROPERTY MUST NOT BE TAKEN IF AT THE TIME OF THE CONDEMNATION THE PUBLIC BODY CONDEMNING THE PROPERTY INTENDS TO CONVEY ANY INTEREST IN THE REAL PROPERTY TO ANOTHER PRIVATE PARTY WITH SPECIFIED EXCEPTIONS, AND TO PROVIDE FOR JUST COMPENSATION FOR THE OWNER OF REAL PROPERTY IF A LAND USE LAW REDUCES ITS FAIR MARKET VALUE.
Ordered for consideration tomorrow.

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

H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Mack, Vick and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT "THE JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA


Printed Page 1002 . . . . . Wednesday, February 15, 2006

BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 4659 (Word version) -- Rep. Leach: A HOUSE RESOLUTION TO RECOGNIZE AND THANK THE SOUTH CAROLINA BAPTIST CONVENTION FOR ITS WONDERFUL GESTURE OF PRESENTING BIBLES TO MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO PROVIDE


Printed Page 1003 . . . . . Wednesday, February 15, 2006

THAT THE REPRESENTATIVES OF THE CONVENTION SHALL BE RECOGNIZED IN THE HALL OF THE HOUSE ON WEDNESDAY, FEBRUARY 15, 2006, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF HONORING THEM FOR THIS PRESENTATION.

Whereas, the South Carolina Baptist Convention has for many years been engaged in Christian outreach and evangelism; and

Whereas, one example of this is its wonderful gesture of presenting Bibles to members of the South Carolina House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives express their sincere thanks to the South Carolina Baptist Convention for its generous gift of Bibles to each House member and provide that the representatives of the convention shall be recognized in the Hall of the House on Wednesday, February 15, 2006, at a time to be determined by the Speaker for the purpose of honoring them for this presentation.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1144 (Word version) -- Senator Scott: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE LANCE CORPORAL TILLMAN U. MILLHOUSE, JR., OF CHARLESTON COUNTY FOR HIS YEARS OF SERVICE TO THE FIELD OF LAW ENFORCEMENT AND FOR HIS UNWAVERING COMMITMENT TO THE PROTECTION OF HIS COMMUNITY.

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


Printed Page 1004 . . . . . Wednesday, February 15, 2006

INTRODUCTION OF BILLS

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

H. 4660 (Word version) -- Reps. Witherspoon, Loftis, Frye, Clemmons, Barfield, Agnew, Ceips, Clark, Edge, Hardwick, Harrison and Ott: A BILL TO AMEND SECTION 48-39-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO COASTAL TIDELANDS AND WETLANDS, SO AS TO DEFINE THE TERM "POOL".
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4661 (Word version) -- Reps. Harrell, Cooper, Clark, Frye, Haley, Harrison, Herbkersman, Hosey, Kirsh, Merrill, J. R. Smith, Vick, Anderson, Anthony, Bailey, Battle, Brady, Breeland, G. Brown, J. Brown, Ceips, Chalk, Clyburn, Dantzler, Davenport, Funderburk, Hagood, Hardwick, Hinson, Hodges, Jefferson, Littlejohn, Loftis, Lucas, McCraw, McGee, Miller, Norman, Ott, Parks, Perry, Phillips, M. A. Pitts, Rice, Sandifer, J. E. Smith, W. D. Smith, Talley, Taylor, White, Witherspoon and Young: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ALL EARMARKED AND RESTRICTED ACCOUNTS OF THE STATE, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO REQUIRE THE COMMITTEE TO MAKE A REPORT OF ITS FINDINGS WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR ITS DISSOLUTION.
Referred to Committee on Ways and Means

S. 1012 (Word version) -- Senators McConnell, Ritchie, Ford and Richardson: A BILL TO AMEND SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLEDGING, SO AS TO PROHIBIT A PERSON OR JUDICIAL CANDIDATE FROM DIRECTLY OR INDIRECTLY SEEKING THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY REGARDING SCREENING FOR ANY JUDICIAL OFFICE UNTIL THE QUALIFICATIONS OF ALL THE CANDIDATES HAVE BEEN DETERMINED BY THE JUDICIAL MERIT SELECTION COMMISSION AND THE COMMISSION HAS FORMALLY RELEASED ITS REPORT.
Referred to Committee on Judiciary


Printed Page 1005 . . . . . Wednesday, February 15, 2006

S. 1114 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-1-20 OF THE 1976 CODE, RELATING TO THE APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A RESTRICTED OR SUPERVISED LENDER RECOMMENDED BY THE INDEPENDENT CONSUMER FINANCE ASSOCIATION.
Referred to Committee on Labor, Commerce and Industry

ROLL CALL

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

Agnew                  Allen                  Altman
Anthony                Bailey                 Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Coates                 Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Duncan                 Emory                  Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Mitchell               J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Scarborough
Simrill                Skelton                D. C. Smith

Printed Page 1006 . . . . . Wednesday, February 15, 2006

G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Vick
Walker                 Weeks                  Whipper
White                  Whitmire               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 15.

Carl Anderson                     Bessie Moody-Lawrence
John Scott                        Phillip Sinclair
Lanny Littlejohn                  Tracy Edge
William Clyburn                   Fletcher Smith
Thad Viers                        Todd Rutherford
Ralph Davenport                   Marion Frye
Jerry Govan

Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. FRYE a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Richard Kline of Mt. Pleasant is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. 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


Printed Page 1007 . . . . . Wednesday, February 15, 2006

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."

CO-SPONSOR ADDED

Bill Number:   H. 4296 (Word version)
Date:   ADD:
02/15/06   PERRY

CO-SPONSOR ADDED

Bill Number:   H. 4317 (Word version)
Date:   ADD:
02/15/06   BALLENTINE

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
02/15/06   PERRY

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
02/15/06   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 4428 (Word version)
Date:   ADD:
02/15/06   J. E. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4428 (Word version)
Date:   ADD:
02/15/06   VIERS


Printed Page 1008 . . . . . Wednesday, February 15, 2006

ORDERED TO THIRD READING

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

H. 4657 (Word version) -- Rep. G. Brown: A BILL TO ENACT THE "SCHOOL DISTRICT OF LEE COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN LEE COUNTY FOR NOT MORE THAN FIVE YEARS, TO DEFINE GENERAL OBLIGATION BOND DEBT SERVICE FOR BONDS ISSUED TO PAY FOR CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY OR BONDS ISSUED TO REFUND SUCH BONDS PREVIOUSLY ISSUED, AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM ON THE QUESTION OF IMPOSING THIS TAX.

SENT TO THE SENATE

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

H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.

H. 4318 (Word version) -- Reps. Lucas, Altman, Vaughn, G. R. Smith, Cotty, Whipper, G. M. Smith, Moody-Lawrence, Brady and Ceips: A BILL TO AMEND SECTION 20-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS OF PROTECTION FROM DOMESTIC ABUSE AND THE AUTHORITY OF THE COURT IN CONNECTION WITH ISSUING SUCH ORDERS, SO AS TO PROVIDE THAT THE COURT ALSO MAY AWARD THE COST OF MEDICAL TREATMENT RECEIVED BY THE PETITIONER AS A RESULT OF THE ABUSE THAT GAVE RISE TO THE ORDER OF PROTECTION.


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H. 4347 (Word version) -- Reps. Limehouse, Harrell, Bailey, Battle, Brady, Vaughn, Cobb-Hunter, Kirsh, Ballentine, Clyburn, Young, Mahaffey, Hinson, Vick, J. Brown, Ceips, Herbkersman, Simrill, Bales, M. A. Pitts, J. E. Smith, Hagood, Whipper and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-97 SO AS TO PROVIDE THAT A WOMAN MAY BREASTFEED HER CHILD IN ANY LOCATION WHERE THE MOTHER IS AUTHORIZED TO BE AND TO FURTHER PROVIDE THAT SUCH BREASTFEEDING IS NOT INDECENT EXPOSURE.

H. 4491 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "QUALIFYING SERVICE-RELATED FACILITY" WITH RESPECT TO COMPENSATION REQUIREMENTS.

MOTION PERIOD

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

H. 3881--AMENDED, REQUEST FOR DEBATE AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:

H. 3881 (Word version) -- Reps. Hagood, Brady, Altman, Limehouse, Scarborough, Taylor, R. Brown, Mack, Miller, Whipper, Bailey, Weeks and Funderburk: A BILL TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION, INTERGOVERNMENTAL COORDINATION, AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF UNNECESSARY HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE


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DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET-BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "UNNECESSARY HOUSING REGULATORY REQUIREMENTS"; TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18082MM06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   This act may be cited as the "South Carolina Priority Investment Act".
SECTION   2.   Section 6-29-510(D) of the 1976 Code is amended to read:

"(D)   A local comprehensive plan must include, but not be limited to, the following planning elements:

(1)   a population element which considers historic trends and projections, household numbers and sizes, educational levels, and income characteristics;

(2)   an economic development element which considers labor force and labor force characteristics, employment by place of work and residence, and analysis of the economic base;

(3)   a natural resources element which considers coastal resources, slope characteristics, prime agricultural and forestland, plant and animal habitats, parks and recreation areas, scenic views and sites, wetlands, and soil types. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;

(4)   a cultural resources element which considers historic buildings and structures, commercial districts, residential districts, unique, natural, or scenic resources, archaeological, and other cultural


Printed Page 1011 . . . . . Wednesday, February 15, 2006

resources. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;

(5)   a community facilities element which considers transportation network; water supply, treatment, and distribution; sewage system and wastewater treatment; solid waste collection and disposal, fire protection, emergency medical services, and general government facilities; education facilities; and libraries and other cultural facilities;

(6)   a housing element which considers location, types, age and condition of housing, owner and renter occupancy, and affordability of housing. This element includes an analysis to ascertain unnecessary housing regulatory requirements, as defined in this chapter, that add to the cost of developing affordable housing but are not necessary to protect the public health, safety or welfare and an analysis of market-based incentives that may be made available to encourage development of affordable housing, which incentives may include density bonuses, design flexibility, and streamlined permitting processes; and

(7)   a land use element which considers existing and future land use by categories, including residential, commercial, industrial, agricultural, forestry, mining, public and quasi-public, recreation, parks, open space, and vacant or undeveloped;

(8)   a transportation element that considers transportation facilities, including major road improvements, new road construction, transit projects, pedestrian and bicycle projects, and other elements of a transportation network. This element must be developed in coordination with the land use element, to ensure transportation efficiency for existing and planned development; and

(9)   a priority investment element that analyzes the likely federal, state, and local funds available for public infrastructure and facilities during the next ten years, and recommends the projects for expenditure of those funds during the next ten years for needed public infrastructure and facilities such as water, sewer, roads, and schools. The recommendation of those projects for public expenditure must be done through coordination with adjacent and relevant jurisdictions and agencies. For the purposes of this item, 'adjacent and relevant jurisdictions and agencies' means those counties, municipalities, public service districts, school districts, public and private utilities, transportation agencies, and other public entities that are affected by or have planning authority over the public project. For the purposes of this item, 'coordination' means written notification by the local


Printed Page 1012 . . . . . Wednesday, February 15, 2006

planning commission or its staff to adjacent and relevant jurisdictions and agencies of the proposed projects and the opportunity for adjacent and relevant jurisdictions and agencies to provide comment to the planning commission or its staff concerning the proposed projects. Failure of the planning commission or its staff to identify or notify an adjacent or relevant jurisdiction or agency does not invalidate the local comprehensive plan and does not give rise to a civil cause of action."
SECTION   3.   Section 6-29-720(C)(5), (6), and (7) of the 1976 Code is amended to read:

"(5)   'overlay zone' or a zone which imposes a set of requirements or relaxes a set of requirements imposed by the underlying zoning district when there is a special public interest in a particular geographic area that does not coincide with the underlying zone boundaries; and

(6)   'conditional uses' or zoning ordinance provisions that impose conditions, restrictions, or limitations on a permitted use that are in addition to the restrictions applicable to all land in the zoning district. The conditions, restrictions, or limitations must be set forth in the text of the zoning ordinance; and

(7)   'priority investment zone' in which the governing authority adopts market-based incentives or relaxes or eliminates unnecessary housing regulatory requirements, as these terms are defined in this chapter, to encourage private development in the priority investment zone. The governing authority also may provide that traditional neighborhood design and affordable housing, as these terms are defined in this chapter, must be permitted within the priority investment zone."
SECTION   4.   Section 6-29-1110 of the 1976 Code is amended to read:

"Section 6-29-1110.   As used in this article chapter:

(1)   'Affordable housing' means in the case of dwelling units for sale, housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than twenty-eight percent of the annual household income for a household earning no more than eighty percent of the area median income, by household size, for the metropolitan statistical area as published from time to time by the U.S. Department of Housing and Community Development (HUD) and, in the case of dwelling units for rent, housing for which the rent and utilities constitute no more than thirty percent of the annual household income for a household earning no more than eighty percent of the area median income, by household size


Printed Page 1013 . . . . . Wednesday, February 15, 2006

for the metropolitan statistical area as published from time to time by HUD.

(2)   'Land development' means the changing of land characteristics through redevelopment, construction, subdivision into parcels, condominium complexes, apartment complexes, commercial parks, shopping centers, industrial parks, mobile home parks, and similar developments for sale, lease, or any combination of owner and rental characteristics.

(3)   'Market-based incentives' means incentives that encourage private developers to meet the governing authority's goals as developed in this chapter. Incentives may include, but are not limited to:

(a)   density bonuses, allowing developers to build at a density higher than residential zones typically permit, and greater density bonuses, allowing developers to build at a density higher than residential affordable units in development, or allowing developers to purchase density by paying into a local housing trust fund;

(b)   relaxed zoning regulations including, but not limited to, minimum lot area requirements, limitations of multi-family dwellings, minimum setbacks, yard requirements, variances, reduced parking requirements, and modified street standards;

(c)   reduced or waived fees including those fees levied on new development projects where affordable housing is addressed, reimburse permit fees to builder upon certification that dwelling unit is affordable and waive up to one hundred percent of sewer/water tap-in fees for affordable housing units;

(d)   fast-track permitting including, but not limited to, streamlining the permitting process for new development projects and expediting affordable housing developments to help reduce cost and time delays; and

(e)   design flexibility allowing for greater design flexibility, creating pre-approved design standards to allow for quick and easy approval, and promoting infill development, mixed use and accessory dwellings.

(2)(4)   'Subdivision' means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development, and includes all division of land involving a new street or change in existing streets, and includes re-subdivision which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded


Printed Page 1014 . . . . . Wednesday, February 15, 2006

according to law; or, the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, and includes combinations of lots of record; however, the following exceptions are included within this definition only for the purpose of requiring that the local planning agency be informed and have a record of the subdivisions: (a) the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the governing authority; (b) the division of land into parcels of five acres or more where no new street is involved and plats of these exceptions must be received as information by the planning agency which shall indicate that fact on the plats; and (c) the combination or recombination of entire lots of record where no new street or change in existing streets is involved.

(5)   'Traditional neighborhood design' means development designs intended to enhance the appearance and functionality of new development so that it functions like a traditional neighborhood or town. These designs make possible reasonably high residential densities, a mixture of residential and commercial land uses, a range of single and multi-family housing types, street connectivity both within the new development and to surrounding roadways, pedestrian, and bicycle features.

(6)   'Unnecessary housing regulatory requirements' means those development standards and procedures that are not essential to protect the public health, safety, or welfare and that may otherwise make a proposed housing development economically infeasible. Unnecessary housing regulatory requirements may include, but are not limited to:

(a)   standards or requirements for minimum lot size, building size, building setbacks, spacing between buildings, impervious surfaces, open space, landscaping, buffering, reforestation, road width, pavements, parking, sidewalks, paved paths, culvers and storm water drainage, and sizing of water and sewer lines that are excessive; and

(b)   application and review procedures that require or result in extensive submittals and lengthy review periods."
SECTION   5.   Section 6-29-1130(A) of the 1976 Code is amended to read:

"(A)   When at least the community facilities element, the housing element, and the priority investment element of the comprehensive plan as authorized by this chapter has have been adopted by the local planning commission and the local governing body or bodies, the local planning commission may prepare and recommend to the governing


Printed Page 1015 . . . . . Wednesday, February 15, 2006

body or bodies for adoption regulations governing the development of land within the jurisdiction. These regulations may provide for the harmonious development of the municipality and the county; for coordination of streets within subdivision and other types of land developments with other existing or planned streets or official map streets; for the size of blocks and lots; for the dedication or reservation of land for streets, school sites, and recreation areas and of easements for utilities and other public services and facilities; and for the distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, appearance, prosperity, or the general welfare. In particular, the regulations shall prescribe that no land development plan, including subdivision plats, will be approved unless all land intended for use as building sites can be used safely for building purposes, without danger from flood or other inundation or from other menaces to health, safety, or public welfare."
SECTION   6.   All local governments that have adopted a local comprehensive plan in compliance with the provisions of Article 3, Chapter 29, Title 6 of the 1976 Code shall revise their local comprehensive plans within twenty-four months of the effective date of this act to comply with the provisions of this act.
SECTION   7.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. LOFTIS spoke against the amendment.
Rep. LOFTIS spoke against the amendment.

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

Rep. HAGOOD moved to table the motion.

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

Yeas 57; Nays 52

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Ballentine             Brady                  G. Brown

Printed Page 1016 . . . . . Wednesday, February 15, 2006

J. Brown               R. Brown               Cato
Ceips                  Clemmons               Clyburn
Cobb-Hunter            Delleney               Duncan
Funderburk             Hagood                 Haley
Harrell                Harrison               Herbkersman
Hodges                 Hosey                  Kirsh
Limehouse              Littlejohn             Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         J. H. Neal             Neilson
Ott                    Parks                  Phillips
M. A. Pitts            Rivers                 Scarborough
Scott                  Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Toole                  Umphlett
Vick                   Viers                  Weeks

Total--57

Those who voted in the negative are:

Bales                  Bannister              Barfield
Battle                 Bingham                Branham
Breeland               Chalk                  Chellis
Clark                  Coates                 Cooper
Cotty                  Dantzler               Edge
Emory                  Hamilton               Hardwick
Haskins                J. Hines               Hinson
Hiott                  Huggins                Jennings
Kennedy                Leach                  Loftis
Lucas                  J. M. Neal             Norman
Owens                  Perry                  Pinson
E. H. Pitts            Rhoad                  Rice
Sandifer               Simrill                Sinclair
D. C. Smith            Stewart                Talley
Thompson               Townsend               Tripp
Vaughn                 Walker                 Whipper
White                  Whitmire               Witherspoon
Young

Total--52


Printed Page 1017 . . . . . Wednesday, February 15, 2006

So, the motion to recommit the Bill was tabled.

The amendment was then adopted.

Rep. COTTY requested debate on the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 62; Nays 41

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Bailey                 Ballentine
Battle                 Bingham                Bowers
Brady                  Breeland               G. Brown
J. Brown               R. Brown               Chellis
Clemmons               Clyburn                Cobb-Hunter
Delleney               Duncan                 Funderburk
Hagood                 Haley                  Harrell
Harrison               Hayes                  Herbkersman
J. Hines               Hinson                 Hosey
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Mahaffey
McCraw                 McLeod                 Merrill
Miller                 Mitchell               J. H. Neal
Neilson                Ott                    Rivers
Scott                  Skelton                G. M. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Taylor                 Toole                  Umphlett
Vick                   Viers                  Weeks
Whipper                Whitmire

Total--62

Those who voted in the negative are:

Anthony                Bales                  Bannister
Barfield               Branham                Cato
Clark                  Coates                 Cooper
Cotty                  Edge                   Emory
Hamilton               Hardwick               Hiott

Printed Page 1018 . . . . . Wednesday, February 15, 2006

Loftis                 Lucas                  Martin
McGee                  Moody-Lawrence         J. M. Neal
Norman                 Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            Rice                   Sandifer
Simrill                D. C. Smith            Stewart
Talley                 Thompson               Townsend
Tripp                  Walker                 White
Witherspoon            Young

Total--41

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

H. 4428--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4428 (Word version) -- Reps. Cato, Harrell, Sandifer, Altman, Bales, Bingham, Breeland, R. Brown, G. Brown, Ceips, Chellis, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Edge, Haley, Hamilton, Harrison, Hayes, Herbkersman, Hiott, Howard, Huggins, Jefferson, Jennings, Kirsh, Leach, Limehouse, Mack, Merrill, McGee, J. H. Neal, Owens, Perry, Rice, Scarborough, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, G. M. Smith, J. R. Smith, Talley, Taylor, Thompson, Townsend, Vaughn, White, Witherspoon, Young, Anderson, Anthony, Battle, Funderburk, Govan, Martin, Miller, Walker, J. Brown, Clark, Branham, Bailey, Mahaffey, Scott, J. E. Smith and Viers: A BILL TO ENACT THE "SOUTH CAROLINA COMPETITIVE CABLE SERVICES ACT" INCLUDING PROVISIONS TO ADD SECTION 58-12-5 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR A LEGISLATIVE PURPOSE, FINDINGS, PREEMPTION IN REGARD TO CABLE SERVICE AND DESIGNATE IT AS ARTICLE 1, CHAPTER 12 OF TITLE 58, TO DESIGNATE SECTIONS 58-12-10 THROUGH 58-12-130 AS ARTICLE 2 OF CHAPTER 12 OF TITLE 58; AND TO AMEND CHAPTER 12 OF TITLE 58 BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY AUTHORIZING THE APPLICANT TO OFFER


Printed Page 1019 . . . . . Wednesday, February 15, 2006

CABLE SERVICE IN THIS STATE UNDER THE PROCEDURES AND REQUIREMENTS CONTAINED IN THIS ARTICLE.

Rep. G. R. Smith, proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20866SD06), which was tabled:
Amend the bill, as and if amended, by striking item (6) of Section 58-12-300 of the 1976 Code, which begins on line 43, page 4428-2 and inserting:
/   (6)   'Gross revenues' means all revenues derived from the franchise holder, its affiliates, subsidiaries, parent, or person in which the franchise holder has a financial interest of five percent or more, from the operation of its cable system within the municipality or county including, but not limited to, all cable service fees, franchise fees, late fees, installation and reconnection fees, upgrade and downgrade fees, advertising revenue, converter rental fees, and lockout device fees. The term 'gross revenues' shall not include any taxes on services furnished by the franchise holder imposed by any municipality, county state, or other governmental unit and collected by the franchise holder for such governmental unit. /
Renumber sections to conform.
Amend title to conform.

Rep. G. R. SMITH explained the amendment.
Rep. SANDIFER spoke against the amendment.

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

Rep. SCOTT proposed the following Amendment No. 4 (Doc Name COUNCIL\AGM\18137MM06), which was tabled:
Amend the bill, as and if amended, Section 528-12-320 as found in SECTION 4, by adding an appropriately lettered subsection to read:
/   ( ) A cable service provider who has or had a franchise in a specific municipality or unincorporated areas of a county may not terminate that franchise agreement without negotiating liquidated damages payable to the municipality or unincorporated area of the county as a result of the termination. /
Renumber sections to conform.
Amend title to conform.

Rep. SCOTT explained the amendment.


Printed Page 1020 . . . . . Wednesday, February 15, 2006

Rep. SANDIFER spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.

Rep. SANDIFER moved to table the amendment.

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

Yeas 74; Nays 30

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Brady                  G. Brown               Cato
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Huggins                Jefferson
Jennings               Kirsh                  Leach
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Mitchell
Neilson                Norman                 Owens
Perry                  Phillips               E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Skelton
D. C. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Toole
Townsend               Vaughn                 Vick
Viers                  Walker                 White
Witherspoon            Young

Total--74

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bowers                 Breeland               J. Brown

Printed Page 1021 . . . . . Wednesday, February 15, 2006

R. Brown               Emory                  Funderburk
Hagood                 J. Hines               Hodges
Hosey                  Howard                 Limehouse
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             Ott                    Parks
Rhoad                  Rivers                 Scott
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            Thompson               Weeks

Total--30

So, the amendment was tabled.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Bowers                 Brady                  Branham
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               Hinson
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson

Printed Page 1022 . . . . . Wednesday, February 15, 2006

Norman                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Scott
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Talley
Taylor                 Thompson               Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Witherspoon
Young

Total--106

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

RATIFICATION OF ACTS

At 11:15 a.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R222, S. 141 (Word version)) -- Senators Hayes, Knotts and Elliott: AN ACT TO AMEND SECTION 15-49-20 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME IN WHICH HE IS MAKING THE REQUEST, TO CREATE THE OFFENSES OF KNOWINGLY AND WILFULLY FALSIFYING AN AFFIDAVIT AND OF KNOWINGLY AND WILFULLY FALSIFYING AN AFFIDAVIT BY A PERSON REQUIRED TO BE REGISTERED PURSUANT TO THE SEX OFFENDER REGISTRY UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE PENALTIES FOR THESE VIOLATIONS, AND TO EXEMPT A PERSON DESIRING TO RESUME HER MAIDEN NAME FROM THE REQUIREMENTS OF THIS SECTION.


Printed Page 1023 . . . . . Wednesday, February 15, 2006

(R223, S. 293 (Word version)) -- Senators Hayes and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-47 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER FROM GEORGIA OR NORTH CAROLINA WHO ENTERS SOUTH CAROLINA IN FRESH PURSUIT OF A PERSON HAS THE SAME AUTHORITY TO ARREST THE PERSON WITHIN THIS STATE UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A PROCEDURE TO DETERMINE THE LAWFULNESS OF THE ARREST, THE RELEASE OF THE PERSON ARRESTED, AND THE EXTRADITION OF THE PERSON ARRESTED.

(R224, S. 384 (Word version)) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: AN ACT TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH CIGARETTES OR TOBACCO, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO DISTRIBUTING TO AND PURCHASING FOR MINORS ANY TOBACCO PRODUCT; TO PROVIDE THAT IT IS UNLAWFUL TO SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT PROOF OF AGE; TO PROVIDE THAT IT IS A DEFENSE TO REASONABLY RELY ON THE PROOF OF AGE AN INDIVIDUAL PROVIDES; TO PROVIDE THAT IT IS UNLAWFUL TO SELL A TOBACCO PRODUCT THROUGH A VENDING MACHINE UNLESS THE LOCATION IS ONLY OPEN TO INDIVIDUALS OVER EIGHTEEN OR UNLESS THE VENDING MACHINE IS UNDER CONTINUOUS CONTROL BY THE OWNER, AND TO INCREASE FINES FOR VIOLATIONS; TO PROVIDE THAT IT IS UNLAWFUL FOR AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE TO PURCHASE OR POSSESS, OR ATTEMPT TO PURCHASE OR POSSESS, A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO PROVIDE THAT A VIOLATION BY A MINOR IS A NONCRIMINAL, CIVIL VIOLATION AND IN LIEU OF IMPOSING A FINE, A MINOR MAY BE REQUIRED TO ATTEND A SMOKING CESSATION PROGRAM OR PERFORM COMMUNITY SERVICE; TO PROVIDE THAT A MINOR'S DRIVING PRIVILEGES MAY BE DELAYED OR RESTRICTED IF


Printed Page 1024 . . . . . Wednesday, February 15, 2006

THE MINOR FAILS TO PAY THE FINE OR COMPLETE AN ALTERNATIVE REQUIREMENT; TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MAY BE USED FOR CITING A VIOLATION BY A MINOR; TO REQUIRE LAW ENFORCEMENT TO NOTIFY THE MINOR'S PARENTS OF THE VIOLATION; TO PLACE JURISDICTION OF THESE CASES ONLY IN THE MUNICIPAL AND MAGISTRATE'S COURTS; AND TO REQUIRE RETAIL ESTABLISHMENTS SELLING TOBACCO PRODUCTS TO TRAIN ITS EMPLOYEES REGARDING UNLAWFUL SALES TO MINORS; AND TO AMEND SECTION 16-17-501, RELATING TO, AMONG OTHER THINGS, THE DEFINITION OF "PROOF OF AGE" WITH REGARD TO THE SALE AND PURCHASE OF TOBACCO, SO AS TO PROVIDE THAT AN IDENTIFICATION CARD ISSUED BY THE STATE OR THE UNITED STATES ARMED SERVICES IS ACCEPTABLE PROOF OF AGE; AND TO DELETE THE PROVISIONS DISBURSING FINES COLLECTED.

(R225, S. 617 (Word version)) -- Senators Alexander, Setzler, Short, Verdin, Ryberg, Knotts, Campsen and Ritchie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE, INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO PROPOSE A FURTHER AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

(R226, S. 947 (Word version)) -- Senators Courson, Hayes, Matthews, Setzler, Lourie, Short, Fair, Leventis, Land, Alexander, Ford, Gregory, O'Dell, Malloy, Moore, McConnell, J. V. Smith, Sheheen, McGill, Knotts, Cleary, Richardson, Jackson, Patterson and Hutto: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH


Printed Page 1025 . . . . . Wednesday, February 15, 2006

CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2013.

(R227, S. 1024 (Word version)) -- Senator Thomas: A JOINT RESOLUTION TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN GREENVILLE COUNTY'S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.

(R228, S. 1036 (Word version)) -- Senators Hayes, Peeler, Short and Gregory: AN ACT TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 967 OF 1962, AS AMENDED, RELATING TO YORK COUNTY COMMISSION FOR TECHNICAL EDUCATION AS SECTIONS 59-53-1310, 59-53-1320, 59-53-1330, AND 59-53-1340 OF THE 1976 CODE TO BE CONTAINED IN ARTICLE 16, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED "YORK COMMISSION FOR TECHNICAL EDUCATION"; AND TO AMEND ARTICLE 16, CHAPTER 53 OF TITLE 59, RELATING TO THE YORK COMMISSION FOR TECHNICAL EDUCATION, SO AS TO ADD A MEMBER TO THE COMMISSION FROM CHESTER COUNTY AND A MEMBER FROM LANCASTER COUNTY, TO PROVIDE FOR THEIR APPOINTMENTS AND TERMS OF OFFICE; AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

(R229, S. 1074 (Word version)) -- Senator O'Dell: AN ACT TO AMEND SECTIONS 59-53-210 AND 59-53-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRI-COUNTY TECHNICAL COLLEGE DISTRICT AND THE TRI-COUNTY TECHNICAL COLLEGE COMMISSION AND THE EDUCATION INSTITUTION CREATED AND OPERATED BY THE COMMISSION, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE DISTRICT, TO CHANGE THE NAME OF THE COMMISSION TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE COMMISSION, AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED AND OPERATED BY IT AS THE TRI-COUNTY COMMUNITY COLLEGE.


Printed Page 1026 . . . . . Wednesday, February 15, 2006

(R230, S. 1078 (Word version)) -- Senators Cleary, Rankin and McGill: AN ACT TO AMEND JOINT RESOLUTION 272 OF 1985, RELATING TO THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO USE A PORTION OF THE IMPACT FEES TO CONSTRUCT A FACILITY OR BUILDING IN WHICH TO HOUSE OR STORE FIRE FIGHTING EQUIPMENT.

(R231, H. 3221 (Word version)) -- Reps. Clemmons, Rice, Simrill, Mahaffey, Wilkins, Harrell, Harrison, Cato, J. Brown, Townsend, Edge, Merrill, Chellis, Ott, R. Brown, Mack, Barfield, Witherspoon, Duncan, M.A. Pitts, Owens, Chalk, Bailey, Ceips, Haley, Viers, Hardwick and Toole: AN ACT TO AMEND ARTICLE 5, CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT (SCRIPTS), SO AS TO CHANGE THE NAME OF THIS ACT TO THE GAP ASSISTANCE PHARMACY PROGRAM FOR SENIORS ACT AND TO PROVIDE THAT THIS PROGRAM CREATED WITHIN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES MUST COORDINATE WITH MEDICARE PART D TO PROVIDE TO LOW INCOME SENIOR RESIDENTS ASSISTANCE WITH THE COST OF PRESCRIPTION DRUGS DURING THE ANNUAL MEDICARE PART D COVERAGE GAP, TO REQUIRE THAT A PARTICIPANT BE ENROLLED IN A GAPS PARTICIPATING MEDICARE PART D DRUG PLAN, TO CLARIFY OTHER ELIGIBILITY CRITERIA, AND TO SPECIFY THAT AN ENROLLEE IS ENTITLED TO BENEFITS WHEN THE ENROLLEE'S ANNUAL OUT-OF-POCKET DRUG EXPENSES REACH THE POINT THAT STANDARD MEDICARE PART D BENEFITS ARE NO LONGER AVAILABLE AND THAT BENEFITS TERMINATE WHEN THE PARTICIPANT'S ANNUAL OUT-OF-POCKET EXPENSES REACH THE POINT THAT CATASTROPHIC MEDICARE PART D BENEFITS BECOME AVAILABLE; AND TO REPEAL CHAPTER 130, TITLE 44, RELATING TO THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT.

(R232, H. 3335 (Word version)) -- Reps. Limehouse, Hagood, Merrill, Whipper, Altman, Breeland, R. Brown, Chellis, Harrell, Hinson, Mack,


Printed Page 1027 . . . . . Wednesday, February 15, 2006

Scarborough, Umphlett, Ceips and Miller: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-676 SO AS TO DESIGNATE SWEET GRASS BASKET THE OFFICIAL STATE LOWCOUNTRY HANDCRAFT.

(R233, H. 3381 (Word version)) -- Reps. Cato, Skelton, Jennings, W.D. Smith, Townsend, Merrill, Ott, Rice, Mack, Viers and Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE THE TERMS "LOCAL GOVERNING BODY", "OFF-PREMISES OUTDOOR ADVERTISING SIGN", "JUST COMPENSATION", AND "SIGN OWNER", TO AUTHORIZE LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO ALLOW LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT; BY ADDING SECTION 57-25-145 SO AS TO RESTRICT THE USE OF OFF-PREMISES OUTDOOR ADVERTISING SIGNS FOR ADULT OR SEXUALLY-ORIENTED BUSINESSES WITHIN ONE MILE OF A PUBLIC HIGHWAY AND TO PROVIDE A CRIMINAL PENALTY FOR A VIOLATION OF THIS RESTRICTION; TO AMEND SECTION 57-25-120, AS AMENDED, RELATING TO DEFINITIONS FOR THE PURPOSES OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO ADD THE TERMS "ADULT BUSINESS", "SEMI-NUDITY", "SEXUALLY-ORIENTED BUSINESS", AND "SEXUALLY-ORIENTED MATERIALS"; AND TO AMEND SECTION 57-25-130, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO INCLUDE MITIGATING THE SECONDARY EFFECTS OF SEXUALLY-ORIENTED BUSINESSES AND LIMITING HARM TO MINORS.


Printed Page 1028 . . . . . Wednesday, February 15, 2006

(R234, H. 4365 (Word version)) -- Rep. Rhoad: AN ACT TO AMEND SECTION 7-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DELETE ARCHAIC LANGUAGE, TO DELETE A SPECIFIC REFERENCE TO A VOTING PLACE, AND TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BAMBERG COUNTY REGISTRATION AND ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BAMBERG COUNTY LEGISLATIVE DELEGATION.

(R235, H. 4385 (Word version)) -- Reps. Chalk and Herbkersman: AN ACT TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO EXTEND THE TERMS OF COMMISSIONERS CURRENTLY SERVING BY ONE YEAR SO AS TO HAVE THEIR ELECTION IN EVEN-NUMBERED YEARS.

(R236, H. 4494 (Word version)) -- Reps. Hosey and Rhoad: AN ACT TO CREATE THE BARNWELL COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE BARNWELL COUNTY BOARD OF VOTER REGISTRATION AND THE BARNWELL COUNTY ELECTION COMMISSION.

THE HOUSE RESUMES

At 11:30 a.m. the House resumed, the SPEAKER in the Chair.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEES

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4313 (Word version) -- Reps. J. Brown, Clark, Altman, G. R. Smith, Loftis, Moody-Lawrence, Toole, Vick and R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-185 SO AS TO PROVIDE THAT THE FIRST FRIDAY IN MAY OF EACH YEAR IS DECLARED TO BE


Printed Page 1029 . . . . . Wednesday, February 15, 2006

"VIETNAM VETERANS SURVIVORS' DAY" IN SOUTH CAROLINA.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 4092 (Word version) -- Rep. White: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND AUTHORITY OF THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO PROVIDE THAT THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, WHO SERVES EX OFFICIO ON THIS BOARD, SERVES AS A VOTING, RATHER THAN A NONVOTING MEMBER OF THE BOARD.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3833 (Word version) -- Rep. White: A BILL TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4015 (Word version) -- Rep. White: A BILL TO AMEND SECTIONS 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE AND FOR CHANGE IN


Printed Page 1030 . . . . . Wednesday, February 15, 2006

SUPERVISING PHYSICIAN; TO CLARIFY THE PERMANENT LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY THE LIMITED LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY SUPERVISION RESPONSIBILITIES WHEN A PHYSICIAN ASSISTANT AND A PHYSICIAN PRACTICE AT THE SAME LOCATION; TO CLARIFY THE REQUIREMENTS FOR OFF-SITE PRACTICE; TO PROVIDE THAT PATIENT CHARTS FOR PATIENTS SEEN BY A PHYSICIAN ASSISTANT IN A SUPERVISOR'S ABSENCE MUST BE REVIEWED BY THE SUPERVISING PHYSICIAN OR ALTERNATE WITHIN FIVE WORKING DAYS AND TO PROVIDE AN EXCEPTION; TO PROVIDE LIMITED CONTROLLED SUBSTANCE PRESCRIPTIVE AUTHORITY; TO CLARIFY THAT THE PHYSICIAN ASSISTANT PRACTICE IS LIMITED TO THE SUPERVISING PHYSICIAN'S SCOPE OF PRACTICE; TO PROVIDE REFERENCES; TO CHANGE CERTAIN REFERENCES FROM BOARD TO COMMITTEE; AND TO PROVIDE THAT MONETARY FEES MAY BE DECREASED OR INCREASED BIENNIALLY FOR PHYSICIAN ASSISTANTS.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4348 (Word version) -- Reps. Walker, Hinson, McLeod, Limehouse, Bailey and Cobb-Hunter: A BILL TO AMEND CHAPTER 43, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO THE DISPOSITION OF HUMAN BODIES, THE UNIFORM ANATOMICAL GIFT ACT, AND POSTMORTEM EXAMINATIONS, SO AS TO PROVIDE THAT AN EMBLEM MUST BE EMBEDDED ON A DRIVER'S LICENSE TO DESIGNATE THE LICENSEE AS AN ORGAN OR TISSUE DONOR; TO DELETE PROVISIONS SPECIFICALLY ADDRESSING EYE DONATION, WHICH IS INCLUDED IN PROVISIONS RELATING TO TISSUE DONATION AND PROCUREMENT; TO FURTHER SPECIFY THE CLASSES HAVING AUTHORITY TO CONSENT TO ORGAN AND TISSUE DONATION FOR A DECEDENT; TO CONFORM REFERENCES


Printed Page 1031 . . . . . Wednesday, February 15, 2006

TO CURRENT FEDERAL LAW REGARDING ORGAN PROCUREMENT AGENCIES; TO PROVIDE THAT WHEN DEATH IS IMMINENT, OR HAS OCCURRED, NOTIFICATION OF THE ORGAN PROCUREMENT ORGANIZATION MUST BE MADE IN ACCORDANCE WITH FEDERAL AND STATE LAW; TO DELETE PROVISIONS REGARDING CERTAIN AGENCIES HAVING AUTHORITY TO RECEIVE CERTAIN ORGAN AND TISSUE DONATIONS; TO REVISE PROCEDURES FOR DEATH RECORD REVIEWERS; AND TO MAKE TECHNICAL CORRECTIONS.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 4296 (Word version) -- Reps. Altman, Mahaffey, Toole and Perry: A BILL TO AMEND SECTION 50-5-2300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO GRANT PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS DIAMOND-BACKED TERRAPIN FOR A COMMERCIAL PURPOSE, AND TO REVISE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4662 (Word version) -- Reps. White, Cooper, Leach, Martin, Sandifer and Skelton: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND RENAME BOND AUTHORIZATIONS FOR CLEMSON UNIVERSITY.
Referred to Committee on Ways and Means


Printed Page 1032 . . . . . Wednesday, February 15, 2006

H. 4663 (Word version) -- Reps. Duncan, Harrell, M. A. Pitts, Merrill, Hinson, Hardwick, Bowers, Hosey, Scarborough and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3587 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME OR INSURANCE PREMIUM TAX OR LICENSE FEE FOR A CONTRIBUTION TO A PRE-KINDERGARTEN SCHOLARSHIP GRANTING ORGANIZATION, INCLUDING THE PARAMETERS OF THE CREDIT ELIGIBILITY AND DEFINITIONS.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

The following was introduced:

H. 4664 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND ONE OF SOUTH CAROLINA'S MOST OUTSTANDING AND VALUABLE LAW ENFORCEMENT OFFICERS, ARLIE "DON" TINSLEY OF GREENVILLE, FOR HIS EXEMPLARY LAW ENFORCEMENT CAREER, AND TO WISH HIM MUCH HAPPINESS UPON HIS RETIREMENT.

The Resolution was adopted.

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF A SUPREME COURT JUSTICE, A COURT OF APPEALS JUDGE, CIRCUIT COURT JUDGES, A FAMILY COURT JUDGE, AND AN ADMINISTRATIVE LAW JUDGE

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1062 (Word version) -- Senators Ritchie, Ford and Cleary: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 15, 2006, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 2, WHOSE TERM EXPIRES JULY 31, 2006; TO ELECT A


Printed Page 1033 . . . . . Wednesday, February 15, 2006

SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2007, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2013; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF

Printed Page 1034 . . . . . Wednesday, February 15, 2006

THE ADMINISTRATIVE LAW COURT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2006.

The PRESIDENT recognized Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission.

ELECTION OF A SUPREME COURT JUSTICE

The PRESIDENT announced that nominations were in order for a Supreme Court Justice, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Costa M. Pleicones had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Costa M. Pleicones was duly elected for the term prescribed by law.

ELECTION OF A COURT OF APPEALS JUDGE, SEAT 8

The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 8.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Thomas E. Huff had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Thomas E. Huff was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE, FOURTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fourth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable J. Michael Baxley had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.


Printed Page 1035 . . . . . Wednesday, February 15, 2006

Whereupon, the Honorable J. Michael Baxley was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE, FIFTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable L. Casey Manning had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable L. Casey Manning was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE, SEVENTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Seventh Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Roger L. Couch had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Roger L. Couch was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE, EIGHTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Eighth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable James W. Johnson, Jr., had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable James W. Johnson, Jr. was duly elected for the term prescribed by law.


Printed Page 1036 . . . . . Wednesday, February 15, 2006

ELECTION OF A CIRCUIT COURT JUDGE, NINTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Daniel F. Pieper had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Daniel F. Pieper was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE, TENTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Tenth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Alexander S. Macaulay had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Alexander S. Macaulay was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE, ELEVENTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Eleventh Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable William Paul Keesley had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable William Paul Keesley was duly elected for the term prescribed by law.


Printed Page 1037 . . . . . Wednesday, February 15, 2006

ELECTION OF A CIRCUIT COURT JUDGE, THIRTEENTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Thirteenth Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable John C. Few had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable John C. Few was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE, FOURTEENTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fourteenth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Perry M. Buckner III had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Perry M. Buckner III was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE, THIRD JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Third Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that George C. James, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable George C. James, Jr. was duly elected for the term prescribed by law.


Printed Page 1038 . . . . . Wednesday, February 15, 2006

ELECTION OF A CIRCUIT COURT JUDGE, THIRD JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Third Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that Ralph Ferrell Cothran, Jr. and William Thomas Geddings, Jr. had been screened and found qualified.
Rep. DELLENEY stated that William Thomas Geddings, Jr. had withdrawn from the race, and placed the name of the remaining candidate in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Ralph Ferrell Cothran, Jr. was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE, ELEVENTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Eleventh Judicial Circuit, Seat 2.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: the Honorable Kellum W. Allen, R. Knox McMahon and Lisa Lee Smith.
Rep. DELLENEY stated that Lisa Lee Smith and Kellum W. Allen had withdrawn from the race, and placed the name of the remaining candidate, R. Knox McMahon, in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable R. Knox McMahon was duly elected for the term prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE, FOURTEENTH JUDICIAL CIRCUIT, SEAT 2

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fourteenth Judicial Circuit, Seat 2.

Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Diane P. DeWitt, Carmen Tevis Mullen and Thomas C. Taylor.


Printed Page 1039 . . . . . Wednesday, February 15, 2006

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for DeWitt:

Anderson              Campsen                Gregory
Hawkins               Hayes                  Land
Leventis              Lourie                 Malloy
Matthews              McConnell              Patterson
Pinckney              Scott                  Setzler
Sheheen               Williams

Total--17

The following named Senators voted for Mullen:

Alexander             Drummond               Fair
Ford                  Jackson                Leatherman
McGill                O'Dell                 Rankin
Reese                 Thomas                 Verdin

Total--12

The following named Senators voted for Taylor:

Bryant                 Cleary                Cromer
Elliott                Grooms                Hutto
Knotts                 Martin                Mescher
Moore                  Peeler                Richardson
Ritchie                Ryberg

Total--14

On motion of Rep. SCOTT, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for DeWitt:

Bales                  Breeland               R. Brown
Ceips                  Cotty                  Funderburk
Hagood                 Harrison               J. Hines
M. Hines               Hodges                 Kirsh

Printed Page 1040 . . . . . Wednesday, February 15, 2006

Littlejohn             Mack                   Martin
McCraw                 McLeod                 Moody-Lawrence
Neilson                Ott                    Rhoad
Rivers                 Sinclair               Whipper

Total--24

The following named Representatives voted for Mullen:

Allen                  Anderson               Bailey
Bannister              Battle                 Brady
Branham                J. Brown               Cato
Chalk                  Chellis                Clark
Clemmons               Cooper                 Dantzler
Duncan                 Edge                   Emory
Frye                   Govan                  Haley
Hamilton               Harrell                Hiott
Huggins                Jefferson              Leach
Limehouse              Mahaffey               McGee
Miller                 Mitchell               J. M. Neal
Norman                 Perry                  Phillips
M. A. Pitts            Rutherford             Sandifer
Scarborough            Scott                  D. C. Smith
F. N. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Taylor                 Townsend
Vaughn                 Weeks                  White
Whitmire               Witherspoon

Total--53

The following named Representatives voted for Taylor:

Agnew                  Altman                 Ballentine
Barfield               Bingham                Bowers
G. Brown               Clyburn                Coates
Cobb-Hunter            Delleney               Hardwick
Hayes                  Herbkersman            Hinson
Hosey                  Howard                 Jennings
Loftis                 Lucas                  Merrill
J. H. Neal             Owens                  Pinson
E. H. Pitts            Rice                   Simrill
Skelton                G. M. Smith            W. D. Smith
Stewart                Talley                 Thompson

Printed Page 1041 . . . . . Wednesday, February 15, 2006

Toole                  Umphlett               Vick
Viers                  Walker                 Young

Total--39

RECAPITULATION

Total number of Senators voting   43
Total number of Representatives voting   116
Grand Total   159
Necessary to a choice   80
Of which DeWitt received   41
Of which Mullen received   65
Of which Taylor received   53

Whereupon, the PRESIDENT announced that none of the candidates, having received the necessary vote, the Joint Assembly would proceed to the next ballot.

Rep. DELLENEY stated that Diane P. DeWitt withdrew from the race.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mullen:

Alexander              Anderson               Drummond
Fair                   Ford                   Jackson
Land                   Leatherman             Lourie
Malloy                 McGill                 O'Dell
Pinckney               Rankin                 Reese
Thomas                 Verdin                 Williams

Total--18

The following named Senators voted for Taylor:

Bryant                 Campsen                Cleary
Cromer                 Elliott                Gregory
Grooms                 Hawkins                Hayes
Hutto                  Knotts                 Leventis
Martin                 Matthews               McConnell

Printed Page 1042 . . . . . Wednesday, February 15, 2006

Mescher                Moore                  Patterson
Peeler                 Richardson             Ritchie
Ryberg                 Scott                  Setzler
Sheheen

Total--25

On motion of Rep. SCOTT, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mullen:

Allen                  Anderson               Bailey
Bannister              Battle                 Brady
Branham                Breeland               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Cooper                 Dantzler
Davenport              Duncan                 Edge
Emory                  Frye                   Funderburk
Govan                  Haley                  Hamilton
Harrell                J. Hines               M. Hines
Hiott                  Huggins                Jefferson
Kirsh                  Leach                  Limehouse
Littlejohn             Mack                   Mahaffey
Martin                 McCraw                 McGee
Miller                 Mitchell               Moody-Lawrence
J. M. Neal             Neilson                Norman
Parks                  Perry                  Phillips
M. A. Pitts            Rivers                 Rutherford
Sandifer               Scarborough            D. C. Smith
F. N. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Taylor                 Townsend
Vaughn                 Weeks                  Whipper
White                  Whitmire               Witherspoon

Total--69

The following named Representatives voted for Taylor:

Agnew                  Altman                 Ballentine
Barfield               Bingham                Bowers
G. Brown               Clyburn                Coates

Printed Page 1043 . . . . . Wednesday, February 15, 2006

Cobb-Hunter            Cotty                  Delleney
Hagood                 Hardwick               Harrison
Haskins                Herbkersman            Hinson
Hodges                 Hosey                  Howard
Jennings               Loftis                 Lucas
McLeod                 Merrill                J. H. Neal
Ott                    Owens                  Pinson
E. H. Pitts            Rhoad                  Rice
Simrill                Sinclair               Skelton
G. M. Smith            W. D. Smith            Stewart
Talley                 Thompson               Toole
Umphlett               Vick                   Viers
Walker                 Young

Total--47

RECAPITULATION

Total number of Senators voting   43
Total number of Representatives voting   116
Grand Total   159
Necessary to a choice   80
Of which Mullen received   87
Of which Taylor received   72

Whereupon, the PRESIDENT announced that Carmen Tevis Mullen was duly elected, for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE, THIRTEENTH JUDICIAL CIRCUIT, SEAT 1

The PRESIDENT announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 1.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that Rochelle Y. Williamson had been screened, found qualified, and placed her name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Rochelle Y. Williamson was duly elected for the term prescribed by law.


Printed Page 1044 . . . . . Wednesday, February 15, 2006

ELECTION OF AN ADMINISTRATIVE LAW JUDGE,
SEAT 6

The PRESIDENT announced that nominations were in order for an Administrative Law Judge, Seat 6.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Ralph K. Anderson III had been screened, found qualified, and placed his name in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Ralph K. Anderson III was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

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

THE HOUSE RESUMES

At 12:40 p.m. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4040 (Word version) -- Reps. Cooper, Tripp, Cato, Haskins, Leach, Loftis, G. R. Smith and Vaughn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 185 (THE SOUTHERN CONNECTOR) IN GREENVILLE COUNTY TO THE BRIDGE THAT CROSSES THE SALUDA RIVER AT THE GREENVILLE-ANDERSON COUNTY LINE THE "SERGEANT JOE R. HOOPER HIGHWAY", AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "SERGEANT JOE R. HOOPER HIGHWAY".


Printed Page 1045 . . . . . Wednesday, February 15, 2006

H. 4470 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 78 AND UNITED STATES HIGHWAY 15 IN THE CITY OF ST. GEORGE THE "NELL BENNETT INTERCHANGE", AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "NELL BENNETT INTERCHANGE".

H. 4646 (Word version) -- Reps. Townsend and Skelton: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-FOUR SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2006 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.

H. 4649 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO HONOR THE LAKE ROBINSON RESCUE SQUAD OF HARTSVILLE ON THE OCCASION OF ITS FORTIETH ANNIVERSARY AND TO RECOGNIZE THE SQUAD'S HISTORY OF SERVICE TO THE COMMUNITY.

ADJOURNMENT

At 12:41 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Jerry Watson of Camden, to meet at 10:00 a.m. tomorrow.

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