South Carolina General Assembly
117th Session, 2007-2008
Journal of the House of Representatives


Printed Page 1756 . . . . . Wednesday, March 21, 2007

Wednesday, March 21, 2007
(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 Isaiah 43:1: "Do not fear, for I have redeemed you; I have called you by name, you are mine."
Let us pray. God, thank You for Your presence that frees us for living. Favor us in living our lives for service to the people of this State. Give us strength, courage, and wisdom to do the work assigned and with Your presence to go with us. Bless our Nation, President, State, Governor, Speaker and each who serve in this House. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. 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. HOSEY moved that when the House adjourns, it adjourn in memory of George M. Williams of Barnwell, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 3516 (Word version) -- Reps. Huggins, Mahaffey and Sandifer: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
Ordered for consideration tomorrow.


Printed Page 1757 . . . . . Wednesday, March 21, 2007

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

H. 3356 (Word version) -- Reps. G. M. Smith and Cato: A BILL TO AMEND SECTION 40-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSING COSTS OF INVESTIGATION AND PROSECUTION OF A CASE AGAINST A PERSON FOUND IN VIOLATION OF CHAPTER 11, TITLE 40, WHICH PROVIDES FOR THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT ASSESS SUCH COSTS; TO AMEND SECTION 40-11-370, AS AMENDED, RELATING TO THE PROHIBITION AGAINST ENGAGING IN CONSTRUCTION IN A NAME OTHER THAN THE EXACT NAME THAT APPEARS ON THE ENTITY'S CONTRACTOR'S LICENSE AND PROHIBITING ENFORCEMENT OF A CONTRACT IF THE ENTITY ENTERED THE CONTRACT IN A NAME OTHER THAN THE NAME THAT APPEARS ON THE ENTITY'S LICENSE, SO AS TO PROVIDE THAT AN ENTITY MAY NOT ENGAGE IN CONSTRUCTION UNDER A NAME OR A LICENSE NUMBER OTHER THAN THAT WHICH APPEARS ON THE ENTITY'S LICENSE AND TO PROVIDE THAT AN ENTITY MAY ONLY ENFORCE A CONSTRUCTION CONTRACT IF THE ENTITY EITHER ENTERED THE CONTRACT IN THE NAME THAT APPEARS ON THE ENTITY'S LICENSE OR IF THE CONTRACT CONTAINED THE LICENSE NUMBER THAT APPEARS ON THE ENTITY'S LICENSE.
Ordered for consideration tomorrow.

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

H. 3019 (Word version) -- Reps. Delleney, Jennings, M. A. Pitts, Haskins, Harrison and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION, THE TERM "PERSON" INCLUDES AN UNBORN CHILD, THE TERM "UNBORN CHILD" MEANS A CHILD IN UTERO, AND TO PROVIDE CERTAIN EXCEPTIONS.
Ordered for consideration tomorrow.


Printed Page 1758 . . . . . Wednesday, March 21, 2007

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

H. 3159 (Word version) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT RELIGIOUS REFERENCES TO GOD, A DEITY, OR A HIGHER POWER OF ANY DENOMINATION OR RELIGION MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.
Ordered for consideration tomorrow.

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

H. 3465 (Word version) -- Reps. F. N. Smith, Whipper, Agnew, Allen, Anderson, Anthony, Bales, Bannister, Bowers, Branham, Brantley, Breeland, Ceips, Clyburn, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Funderburk, Govan, Hagood, Hamilton, Harrison, Hart, Hayes, Herbkersman, Hosey, Jefferson, Jennings, Kelly, Kennedy, Leach, Loftis, Lucas, Mack, Mitchell, Moss, J. H. Neal, J. M. Neal, Parks, Perry, Sandifer, Scarborough, Scott, Sellers, G. M. Smith, Spires, Stavrinakis, Talley, Thompson and Williams: A BILL TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMENCEMENT OF CIVIL ACTIONS, SO AS TO PROVIDE THAT THE STATUTE OF LIMITATIONS IS TOLLED UPON THE FILING OF A SUMMONS AND COMPLAINT AND TO ALLOW AN ADDITIONAL ONE HUNDRED TWENTY DAYS TO ACCOMPLISH ACTUAL SERVICE UPON THE PAYMENT OF A SEVENTY-FIVE-DOLLAR EXTENSION FEE.
Ordered for consideration tomorrow.

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

H. 3140 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 37-5-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON DEFICIENCY JUDGMENTS IN


Printed Page 1759 . . . . . Wednesday, March 21, 2007

CONSUMER CREDIT SALES, SO AS TO CORRECT CROSS-REFERENCES TO THE UNIFORM COMMERCIAL CODE.
Ordered for consideration tomorrow.

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

H. 3033 (Word version) -- Reps. Clemmons, Mahaffey and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-7-15 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, AND TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION.
Ordered for consideration tomorrow.

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

H. 3427 (Word version) -- Reps. Whipper, Cobb-Hunter, Jennings, Mack, F. N. Smith, J. R. Smith, Weeks, Gullick and Mulvaney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2008, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2007; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Ordered for consideration tomorrow.

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

H. 3463 (Word version) -- Reps. Howard and Rutherford: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-90, 2-19-100, AND 2-19-110, CODE OF LAWS OF


Printed Page 1760 . . . . . Wednesday, March 21, 2007

SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3750 (Word version) -- Rep. Brantley: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DELORIS M. YOUNG, PASTOR AND FOUNDER OF THE GREATER PENTECOSTAL TEMPLE, INCORPORATED, FOR HER OUTSTANDING COMMITMENT TO THE CHURCH AND ITS PEOPLE AS THE CHURCH ENTERS INTO ITS TWENTY-SIXTH YEAR OF SERVICE TO THE GLORY OF GOD.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 592 (Word version) -- Senators Setzler and Knotts: A CONCURRENT RESOLUTION TO RECOGNIZE THE RAISING OF THE ELLISOR HILL MONUMENT COMMEMORATING THE FORMER ELLISOR HILL COMMUNITY OF CAYCE, AND TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE ELLISOR HILL REUNION FOR THUS ADDING TO THE BEAUTY OF THE AREA AND RECORDING AN IMPORTANT PART OF ITS HISTORY.

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


Printed Page 1761 . . . . . Wednesday, March 21, 2007

INTRODUCTION OF BILLS

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

H. 3751 (Word version) -- Reps. Cato, Lowe, Crawford, Gullick, Bedingfield, Merrill, Leach, Hinson, Cotty, Shoopman, G. M. Smith, Bingham, McLeod, Haley, Bannister, Herbkersman, Young, Stavrinakis, Clemmons, Witherspoon, J. M. Neal, Toole, Frye, Vick, Agnew, Bales, Ballentine, Barfield, Battle, Bowen, Brady, Branham, Breeland, Ceips, Chellis, Cobb-Hunter, Delleney, Gambrell, Hardwick, Harrell, Harrison, Harvin, Hiott, Kelly, Kirsh, Littlejohn, Mahaffey, Miller, Moss, Mulvaney, Ott, Pinson, Rice, Sandifer, Scarborough, Simrill, Skelton, G. R. Smith, Spires, Talley, Taylor, Thompson, Umphlett, Viers and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-1345, 38-71-1355, 38-71-1365, AND 38-71-1445 SO AS TO PROVIDE REQUIREMENTS, POWERS, DUTIES, AND RESTRICTIONS OF A SMALL EMPLOYER HEALTH GROUP COOPERATIVE, AND PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND OFFICE OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD SHALL SUBMIT A REPORT TO THE OFFICE OF THE GOVERNOR AND THE GENERAL ASSEMBLY BY JANUARY 1, 2010, ON THE EFFECTIVENESS OF THE HEALTH GROUP COOPERATIVE IN EXPANDING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE FOR SMALL EMPLOYERS; AND BY AMENDING SECTIONS 38-71-1320, 38-71-1330, 38-71-1340, AND 38-71-1350, RELATING TO SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY, SO AS TO PROVIDE THAT SMALL EMPLOYERS MAY FORM A COOPERATIVE FOR THE PURPOSE OF PROVIDING HEALTH INSURANCE TO THEIR EMPLOYEES, PROVIDE FOR THE DEFINITION OF "HEALTH GROUP COOPERATIVE", AND PROVIDE FOR THE GROUP SIZE FOR A HEALTH GROUP COOPERATIVE.
Referred to Committee on Labor, Commerce and Industry

S. 91 (Word version) -- Senators Campsen, Ritchie and Knotts: A BILL TO ENACT THE RESEARCH AND DEVELOPMENT TAX CREDIT REFORM ACT BY AMENDING SECTION 12-6-3415, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX AND CORPORATE LICENSE TAX


Printed Page 1762 . . . . . Wednesday, March 21, 2007

CREDIT ALLOWED TAXPAYERS CLAIMING A FEDERAL INCOME TAX CREDIT FOR RESEARCH ACTIVITY, SO AS TO ALLOW THE CREDIT AGAINST ANY INCOME TAX IMPOSED PURSUANT TO THE SOUTH CAROLINA INCOME TAX ACT.
Referred to Committee on Ways and Means

S. 334 (Word version) -- Senators Leventis, Hayes, Knotts, Drummond, Anderson and Ford: A BILL TO ADD SECTION 41-35-126, AND TO AMEND SECTION 41-35-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF BENEFITS TO AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT LEAVING AN EMPLOYER BECAUSE OF THE TRANSFER OF A SPOUSE FROM ONE MILITARY ASSIGNMENT TO ANOTHER DOES NOT DISQUALIFY A PERSON FROM THESE BENEFITS.
Referred to Committee on Labor, Commerce and Industry

S. 578 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO REQUIREMENTS FOR PROTESTING BEER AND WINE PERMITS OR ALCOHOLIC LIQUOR LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 3752 (Word version) -- Reps. Talley, Mitchell, Kelly, Littlejohn, Mahaffey, W. D. Smith and Walker: A HOUSE RESOLUTION TO RECOGNIZE THE SPARTANBURG CHAPTER OF THE AMERICAN CANCER SOCIETY'S RELAY FOR LIFE EVENT, TO BE HELD MAY 18, 2007, AT DORMAN HIGH SCHOOL, AS PART OF THE SOCIETY'S FIGHT AGAINST CANCER.

The Resolution was adopted.


Printed Page 1763 . . . . . Wednesday, March 21, 2007

HOUSE RESOLUTION

The following was introduced:

H. 3753 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO CONGRATULATE DELPHINE CHINA BRADLEY, OF THE DALZELL-REMBERT SECTION OF SUMTER COUNTY, ON THE OCCASION OF HER FIFTIETH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.

The Resolution was adopted.

ROLL CALL

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

Agnew                  Alexander              Anderson
Anthony                Bales                  Ballentine
Bannister              Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clemmons               Clyburn
Cobb-Hunter            Cooper                 Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Hayes                  Herbkersman            Hinson
Hiott                  Hodges                 Hosey
Huggins                Jefferson              Kelly
Kennedy                Kirsh                  Knight
Leach                  Loftis                 Lowe
Lucas                  Mack                   Mahaffey
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. M. Neal
Ott                    Owens                  Parks
Phillips               Pinson                 E. H. Pitts
Rice                   Sandifer               Scarborough

Printed Page 1764 . . . . . Wednesday, March 21, 2007

Scott                  Sellers                Shoopman
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Talley
Taylor                 Toole                  Umphlett
Walker                 Weeks                  White
Whitmire               Williams               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 21.

Lanny Littlejohn                  Walton McLeod
Douglas Jennings                  Skipper Perry
Michael Thompson                  Joseph Neal
Bill Cotty                        Denny Neilson
Fletcher Smith                    Gloria Haskins
Thad Viers                        Jackson "Seth"  Whipper
Creighton Coleman                 H. B. "Chip" Limehouse
Todd Rutherford                   Gary Simrill
Karl Allen                        Leon Howard

Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. VICK a leave of absence for today and tomorrow due to being in Washington, D.C.

DOCTOR OF THE DAY

Announcement was made that Dr. Eric J. Larson of Mount Pleasant was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or


Printed Page 1765 . . . . . Wednesday, March 21, 2007

resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3077 (Word version)
Date:   ADD:
03/21/07   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3346 (Word version)
Date:   ADD:
03/21/07   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3355 (Word version)
Date:   ADD:
03/21/07   BINGHAM

CO-SPONSOR ADDED

Bill Number:   H. 3499 (Word version)
Date:   ADD:
03/21/07   COLEMAN

CO-SPONSOR ADDED

Bill Number:   H. 3562 (Word version)
Date:   ADD:
03/21/07   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 3706 (Word version)
Date:   ADD:
03/21/07   GULLICK


Printed Page 1766 . . . . . Wednesday, March 21, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3679 (Word version)
Date:   ADD:
03/21/07   HASKINS

CO-SPONSOR REMOVED

Bill Number:   H. 3737 (Word version)
Date:   REMOVE:
03/21/07   UMPHLETT

CO-SPONSOR REMOVED

Bill Number:   H. 3737 (Word version)
Date:   REMOVE:
03/21/07   MAHAFFEY

CO-SPONSOR REMOVED

Bill Number:   H. 3737 (Word version)
Date:   REMOVE:
03/21/07   J. R. SMITH

CO-SPONSOR REMOVED

Bill Number:   H. 3737 (Word version)
Date:   REMOVE:
03/21/07   CHELLIS

H. 3724--DEBATE ADJOURNED

Rep. PHILLIPS moved to adjourn debate upon the following Bill, which was adopted:

H. 3724 (Word version) -- Rep. Coleman: A BILL TO DEVOLVE ALL OF THE POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES OF THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY AND THE FAIRFIELD COUNTY RECREATION DISTRICT UPON THE GOVERNING BODY OF FAIRFIELD COUNTY, AND TO PROVIDE A PROCEDURE FOR THE DEVOLUTION OF POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES; AND TO REPEAL ACT 1079 OF 1958 RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, AND ACT 1059 OF 1970 RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT.


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SENT TO THE SENATE

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

H. 3628 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO AT-RISK STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3089, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3476 (Word version) -- Reps. Walker, Harrell, Cato, Barfield, Battle, Jennings, Kennedy, Miller and Mulvaney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59, TO ENACT THE "TEACHER RECRUITMENT AND RETENTION IMPROVEMENT ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE (ABCTE) PURSUANT TO CERTAIN CONDITIONS.

H. 3323 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 56-19-265, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ACCEPTANCE OF ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES, AND THE COLLECTION OF A TRANSACTION FEE FOR THE TRANSMISSION OR RETRIEVAL OF DATA FROM THE DEPARTMENT PURSUANT TO THIS SECTION, SO AS TO PROVIDE THAT IF THERE ARE ONE OR MORE LIENS OR ENCUMBRANCES ON A MOTOR VEHICLE OR MOBILE HOME, THE DEPARTMENT MAY ELECTRONICALLY TRANSMIT THE LIEN TO THE FIRST LIENHOLDER AND NOTIFY THE FIRST LIENHOLDER OF ANY ADDITIONAL LIENS, AND LIEN SATISFACTIONS, TO PROVIDE WHEN ELECTRONIC TRANSMISSION OF LIENS AND LIEN SATISFACTIONS IS USED, A CERTIFICATE OF TITLE MAY BE ISSUED WHEN THE LAST LIEN IS SATISFIED AND A CLEAR CERTIFICATE IS ISSUED, TO PROVIDE THAT WHEN A MOTOR VEHICLE OR


Printed Page 1768 . . . . . Wednesday, March 21, 2007

MOBILE HOME IS SUBJECT TO AN ELECTRONIC LIEN, ITS CERTIFICATE OF TITLE IS PHYSICALLY HELD BY THE LIENHOLDER, TO PROVIDE THAT A CERTIFIED COPY OF AN ELECTRONIC RECORD OF A LIEN IS ADMISSIBLE IN COURT AS EVIDENCE OF THE EXISTENCE OF A LIEN, AND TO PROVIDE THAT A TRANSACTION FEE MAY BE COLLECTED BY COMMERCIAL PARTIES AND LENDERS WHO TRANSMIT OR RETRIEVE DATA PURSUANT TO THIS SECTION.

H. 3694 (Word version) -- Reps. White, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, Whitmire, Williams, Witherspoon and Young: A JOINT RESOLUTION TO NAME THE NEW SOUTH CAROLINA VETERANS CEMETERY IN ANDERSON COUNTY THE M. J. "DOLLY" COOPER VETERANS CEMETERY.

H. 3699 (Word version) -- Reps. Rice, Govan, Huggins, Kirsh, Young, Viers and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-240 SO AS TO ESTABLISH A MORATORIUM ON THE PLACEMENT OF NEW MONUMENTS ON THE STATE HOUSE GROUNDS AND IN THE STATE HOUSE, EXCEPT FOR THE SENATE CHAMBER AND THE HOUSE OF REPRESENTATIVES CHAMBER; TO PROVIDE THAT TWO-THIRDS VOTE OF THE STATE HOUSE COMMITTEE IS REQUIRED TO LIFT THE MORATORIUM; TO PROVIDE THAT IF THE MORATORIUM IS LIFTED, A NEW


Printed Page 1769 . . . . . Wednesday, March 21, 2007

MONUMENT MAY BE PLACED PURSUANT TO THIS ACT IF THE MONUMENT MEETS CERTAIN REQUIREMENTS OF HISTORICAL SIGNIFICANCE OR MARKS A MILESTONE IN STATE HISTORY; AND TO PROVIDE THAT IN ORDER TO PLACE A NEW MONUMENT, A MAJORITY OF THE STATE HOUSE COMMITTEE MUST AGREE TO REVIEW PROPOSALS, A PROPOSAL MUST BE APPROVED BY TWO-THIRDS OF THE STATE HOUSE COMMITTEE, AND THE GENERAL ASSEMBLY MUST ADOPT THE PROPOSAL BY CONCURRENT RESOLUTION.

H. 3175--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3175 (Word version) -- Reps. Walker, Cotty, Harrell, Bales, Owens, Rice and D. C. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTION 59-35-10 AS ARTICLE 1, CHAPTER 35, TITLE 59, ENTITLED "KINDERGARTENS", AND BY ADDING ARTICLE 3 TO CHAPTER 35 OF TITLE 59 SO AS TO PROVIDE FOR THE SOUTH CAROLINA CHILD DEVELOPMENT EDUCATION PROGRAM FOR AT-RISK CHILDREN, TO DEFINE CERTAIN TERMS, TO PROVIDE AN ORDER OF PRIORITY IN WHICH AT-RISK CHILDREN MUST BE SERVED, TO PROVIDE ENROLLMENT AND THE ENROLLMENT APPLICATION PROCESS TO BE SUBMITTED TO THE OFFICE OF FIRST STEPS TO SCHOOL READINESS, TO PROVIDE FOR THE DUTIES OF PROGRAM PROVIDERS, TO PROVIDE THE DUTIES OF THE STATE DEPARTMENT OF EDUCATION, THE OFFICE OF FIRST STEPS TO SCHOOL READINESS, AND THE EDUCATION OVERSIGHT COMMITTEE, TO PROVIDE THE MINIMUM REQUIREMENTS FOR TEACHERS IN THE PROGRAM AND PROVIDE FOR PERSONNEL INSTRUCTION AND PROFESSIONAL DEVELOPMENT, TO PROVIDE FOR TRANSPORTATION OF CHILDREN TO AND FROM SCHOOL, TO PROVIDE THE DUTIES OF THE OFFICE OF FIRST STEPS TO SCHOOL READINESS TO PRIVATE PROVIDERS, TO PROVIDE FOR THE DUTIES OF THE DEPARTMENT OF EDUCATION TO PUBLIC PROVIDERS, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FUNDING FOR THE SOUTH CAROLINA CHILD DEVELOPMENT EDUCATION PROGRAM,


Printed Page 1770 . . . . . Wednesday, March 21, 2007

TO PROVIDE FOR THE APPROVAL OF GRANTS FOR PRIVATE PROVIDERS, TO PROVIDE THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN REGARD TO THE PROGRAM, AND TO PROVIDE FOR AN EVALUATION OF THE PROGRAM BY THE EDUCATION OVERSIGHT COMMITTEE.

Rep. WALKER moved to adjourn debate on the Bill until Wednesday, March 28.

Rep. MERRILL moved to table the motion.

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

Yeas 52; Nays 51

Those who voted in the affirmative are:

Bales                  Ballentine             Bannister
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Brantley
Cato                   Chellis                Clemmons
Crawford               Dantzler               Delleney
Duncan                 Frye                   Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hinson
Hiott                  Huggins                Jefferson
Kelly                  Leach                  Loftis
Lowe                   Lucas                  Mahaffey
Merrill                Mulvaney               Owens
E. H. Pitts            Rice                   Scarborough
Shoopman               Skelton                G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Talley                 Toole
Umphlett               Williams               Witherspoon
Young

Total--52

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bowers                 Branham                Breeland
G. Brown               R. Brown               Chalk

Printed Page 1771 . . . . . Wednesday, March 21, 2007

Clyburn                Cobb-Hunter            Cooper
Cotty                  Davenport              Funderburk
Gambrell               Govan                  Gullick
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Kennedy
Kirsh                  Knight                 Littlejohn
Mack                   McLeod                 Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Ott                    Parks
Perry                  Phillips               Pinson
Sandifer               Scott                  Sellers
D. C. Smith            F. N. Smith            Stavrinakis
Taylor                 Thompson               Walker
Weeks                  White                  Whitmire

Total--51

So, the motion to adjourn debate was tabled.

Reps. WALKER, MERRILL, WHITMIRE, HINSON, SCARBOROUGH, BALES, COTTY, UMPHLETT, MULVANEY, HOSEY, CLYBURN, HART, J. H. NEAL, OWENS, HIOTT, HALEY, SPIRES, FRYE, BINGHAM, R. BROWN, ANDERSON, MILLER, YOUNG, LOWE, CRAWFORD, BREELAND, MACK, SHOOPMAN, BEDINGFIELD, HASKINS, G. R. SMITH, D. C. SMITH, J. R. SMITH, CLEMMONS, BRANTLEY, ANTHONY, PHILLIPS, MOSS, BALLENTINE and DUNCAN requested debate on the Bill.

H. 3379--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3379 (Word version) -- Reps. D. C. Smith, J. R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE


Printed Page 1772 . . . . . Wednesday, March 21, 2007

THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20205SD07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 59-104-20(F) and (G) of the 1976 Code, as last amended by Act 162 of 2005, is further amended to read:

"(F)   For purposes of subsection (E), which was adopted:

(1)   'Public or independent institution' means a:

(a)   a South Carolina public institution defined in Section 59-103-5, excluding a public two-year or technical institution, and an independent institution as defined in Section 59-113-50, excluding an eleemosynary junior or independent two-year institution; or

(b)   a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina.

(2)   'Resident student' means a:

(a)   student who is either a member of a class graduating from a high school located in this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, or a student graduating from a preparatory high school outside this State, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent; and

(b)   student classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution.

(G)   In addition to qualifications established by regulation, to qualify for a Palmetto Fellows Scholarship, a student shall:

(1)   meet the following three criteria:

(a)   a minimum score of 1200 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score;

(b)   a cumulative 3.5 grade point ratio on the Uniform Grading Scale at the end of the junior or senior year; and


Printed Page 1773 . . . . . Wednesday, March 21, 2007

(c)   rank in the top six percent of the class at the end of the sophomore, junior, or senior year. When calculating eligibility for Palmetto Fellows Scholarships in schools where the top six percent of the graduating class is two students or less, the top two students must be considered for the scholarship regardless of class rank. The top six percent of the graduating class must meet all Palmetto Fellows Scholarship eligibility requirements in order to receive a scholarship. If the top six percent of the class is not a whole number of students, the Commission on Higher Education shall round up to the next whole number of students eligible; or

(2)   meet the following two criteria:

(a)   a minimum score of 1400 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score; and

(b)   a cumulative 4.0 grade point ratio on the Uniform Grading Scale at the end of the junior or senior year.

Qualifying scores must be certified by the high school on the Palmetto Fellows Scholarship application by the scholarship application deadline. For the purposes of meeting the rank criteria pursuant to this subsection, the existing high school rank of a South Carolina resident attending an out-of-state high school may be used provided it is calculated pursuant to a state-approved, standardized grading scale at the respective out-of-state high school."
SECTION   2.   Section 59-149-50(A) of the 1976 Code, as last amended by Act 162 of 2005, is further amended to read:

"(A)   To be eligible for a LIFE Scholarship, a student must be either a student who has graduated from a high school located in this State, a student who has completed at least three of the final four years of high school within this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, a student who has graduated from a preparatory high school outside this State, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, or a student whose parent or guardian has served in or has retired from one of the United States Armed Forces within the last four years, paid income taxes in this State for a majority of the years of service, and is a resident of this State. These students also must meet the requirements of subsection (B) and be eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations. In addition, beginning with the 1998-1999 school year for those students who graduate from high school on or after May 1998, the student must have graduated from


Printed Page 1774 . . . . . Wednesday, March 21, 2007

high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale and have scored 1000 1100 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better, beginning with school year 2000-2001, and 1100 or better, beginning with school year 2002-2003; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B). For the purpose of meeting the rank criteria pursuant to this section, the existing high school rank of a South Carolina resident attending an out-of-state high school may be used provided it is calculated pursuant to a state-approved, standardized grading scale at the respective out-of-state high school."
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

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

STATEMENT FOR THE JOURNAL

Due to a potential conflict of interest, I recuse myself from discussion, debate, or voting on H. 3379.

Rep. Carl Gullick

ORDERED TO THIRD READING

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

S. 529 (Word version) -- Senators Gregory, Ford and Campsen: A JOINT RESOLUTION TO EXTEND UNTIL MARCH 30, 2007, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL


Printed Page 1775 . . . . . Wednesday, March 21, 2007

ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.

Rep. HARRISON explained the Joint Resolution.

H. 3748 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO EXTEND FOR THE YEAR 2007 THE SEASON FOR COMMERCIAL FISHING FOR SHAD FOR THE SANTEE RIVER BELOW WILSON DAM INCLUDING THE REDIVERSION CANAL BELOW ST. STEPHEN DAM, NORTH SANTEE RIVER AND BAY, SOUTH SANTEE RIVER, AND ALL TRIBUTARIES AND DISTRIBUTARIES TO THEM, ENDS ON APRIL 15.

Rep. MILLER explained the Joint Resolution.

H. 3749--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill, which was adopted:

H. 3749 (Word version) -- Reps. W. D. Smith, Mitchell, Kelly, Littlejohn, Mahaffey, Moss, Phillips, Talley and Walker: A BILL TO AMEND SECTION 12-10-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO ALLOW A TAXPAYER WHO QUALIFIES FOR THE JOB DEVELOPMENT CREDIT AND WHO IS LOCATED IN A MULTI-COUNTY BUSINESS OR INDUSTRIAL PARK TO RECEIVE A CREDIT EQUAL TO THE AMOUNT DESIGNATED TO THE COUNTY WITH THE LOWEST DEVELOPMENT STATUS OF THE COUNTIES CONTAINING THE PARK IN CERTAIN CIRCUMSTANCES.


Printed Page 1776 . . . . . Wednesday, March 21, 2007

S. 517--RECALLED AND REFERRED TO COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. WITHERSPOON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:

S. 517 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PUBLIC SWIMMING POOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3055, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 519--RECALLED AND REFERRED TO COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. WITHERSPOON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:

S. 519 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, AND THE SOUTH CAROLINA AIR QUALITY IMPLEMENTATION PLAN (SIP), DESIGNATED AS REGULATION DOCUMENT NUMBER 3083, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3398--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. FUNDERBURK, with unanimous consent, the following Bill was ordered recalled from the Committee on


Printed Page 1777 . . . . . Wednesday, March 21, 2007

Agriculture, Natural Resources and Environmental Affairs and was referred to the Committee on Labor, Commerce and Industry:

H. 3398 (Word version) -- Reps. Funderburk, Haskins and Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 96, TITLE 44 TO ENACT THE "ELECTRONICS RECYCLING ACT" SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROMULGATE REGULATIONS ON THE PROPER MANAGEMENT OF ELECTRONICS WASTE AND TO SPECIFY THE CONTENT OF THESE REGULATIONS; TO PROHIBIT THE SALE OF VIDEO DISPLAY DEVICES IN THIS STATE IF THE MANUFACTURER IS NOT IN COMPLIANCE WITH THIS ARTICLE; TO ESTABLISH CONSUMER ELECTRONICS WASTE RECYCLING FEES ON THE PURCHASE OF VIDEO DISPLAY DEVICES TO BE COLLECTED BY THE DEPARTMENT OF REVENUE; TO ESTABLISH THE ELECTRONICS RECYCLING FUND AND TO PROVIDE FOR THE USES OF THE MONIES IN THE FUND; TO REQUIRE RETAILERS TO PROVIDE INFORMATION TO CONSUMERS DESCRIBING HOW AND WHERE TO RETURN AND RECYCLE ELECTRONIC EQUIPMENT; TO PROVIDE THAT A RETAILER MAY RETAIN THREE PERCENT OF THE ELECTRONICS WASTE RECYCLING FEE FOR ADMINISTRATIVE COSTS IN COLLECTING THE FEE, TO PROVIDE THAT A PORTION OF THE ELECTRONICS WASTE FEE COLLECTED BY A RETAILER MAY BE REFUNDED TO THE RETAILER WHO DELIVERS ELECTRONICS WASTE TO A RECYCLER, AND TO ALSO PROVIDE THAT FUNDS MUST BE DISBURSED TO EACH COUNTY BASED ON POPULATION; TO REQUIRE THE DEPARTMENT TO REVIEW AND ADJUST ELECTRONICS WASTE RECYCLING FEES BIENNIALLY AND TO MAKE ADJUSTMENTS TO ENSURE THAT THESE FEES GENERATE SUFFICIENT REVENUE TO FUND THIS RECYCLING PROGRAM; TO REQUIRE MANUFACTURERS TO SUBMIT ANNUAL REPORTS TO THE DEPARTMENT ON THE SALE OF ELECTRONIC EQUIPMENT; TO ESTABLISH CIVIL PENALTIES FOR VIOLATIONS; TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH AND UPDATE STATEWIDE RECYCLING GOALS; AND TO PROVIDE THAT THIS ARTICLE MAY NOT BE IMPLEMENTED IF FEDERAL LAW TAKES EFFECT


Printed Page 1778 . . . . . Wednesday, March 21, 2007

REGULATING ELECTRONICS WASTE OR IF A COURT ISSUES A JUDGMENT HOLDING THAT OUT-OF-STATE MANUFACTURERS OF ELECTRONIC EQUIPMENT OR RETAILERS MAY NOT BE REQUIRED TO COLLECT THE ELECTRONICS WASTE RECYCLING FEE ESTABLISHED PURSUANT TO THIS ARTICLE.

S. 494--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 494 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 64 FROM THE INTERSECTION OF HIGHWAYS 64 AND 17 TO THE INTERSECTION OF HIGHWAYS 64 AND 17A, FROM JACKSONBORO TO WALTERBORO, IN HONOR OF ANNIE MAE KINSEY AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION CONTAINING THE WORDS "ANNIE MAE KINSEY HIGHWAY".

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

That the members of the General Assembly, by this resolution, request that the Department of Transportation name the portion of Highway 64 from the intersection of Highways 64 and 17 to the intersection of Highways 64 to 17A, from Jacksonboro to Walterboro, in honor of Annie Mae Kinsey and to install appropriate markers or signs at the intersection containing the words, "Annie Mae Kinsey Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Rep. LEACH moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was rejected by a division vote 26 to 34.

The Concurrent Resolution was adopted and sent to the Senate.


Printed Page 1779 . . . . . Wednesday, March 21, 2007

H. 3736--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3736 (Word version) -- Reps. Jennings, Harrell and Neilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2007.

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

That by this resolution, the members of the General Assembly request the Department of Motor Vehicles to waive the motor vehicle titling, licensing, and registration requirements of Title 56, Code of Laws of South Carolina, 1976, on cars provided by an automobile manufacturer for promotional purposes in connection with nationally-sponsored NASCAR racing events held in this State in 2007.

Be it further resolved that this waiver must extend to no more than thirty-five cars by a single manufacturer for a period not to exceed twenty-one days per race and that this waiver does not extend to the financial responsibility or insurance coverage requirements for operating a motor vehicle on the public roads of this State.

Be it further resolved that the Department of Motor Vehicles shall prescribe an appropriate means of identification instead of the licensing and registration requirements otherwise applicable.

Be it further resolved that a copy of this resolution be sent to the Department of Motor Vehicles.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.


Printed Page 1780 . . . . . Wednesday, March 21, 2007

HOUSE RESOLUTION

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

H. 3754 (Word version) -- Reps. Pinson, Parks and M. A. Pitts: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE SCHOOL OFFICIALS, COACHES, AND ATHLETES OF THE GREENWOOD CHRISTIAN SCHOOL "LADY HAWKS" BASKETBALL TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR OUTSTANDING WIN OF THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION (SCISA) IIA STATE BASKETBALL CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH, TED HINZMAN, ON AN EXCEPTIONAL SEASON.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the school officials, coaches, and athletes of the Greenwood Christian School "Lady Hawks" Basketball Team, at a date and time to be determined by the Speaker, to congratulate them on their outstanding win of the South Carolina Independent Schools Association (SCISA) IIA State Basketball Championship, and to honor the players and their coach, Ted Hinzman, on an exceptional season.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3755 (Word version) -- Reps. Pinson, Parks and M. A. Pitts: A HOUSE RESOLUTION TO CONGRATULATE THE GREENWOOD CHRISTIAN SCHOOL "LADY HAWKS" BASKETBALL TEAM ON ITS OUTSTANDING WIN OF THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION (SCISA) IIA STATE BASKETBALL CHAMPIONSHIP, AND TO HONOR THE


Printed Page 1781 . . . . . Wednesday, March 21, 2007

PLAYERS AND THEIR COACH, TED HINZMAN, ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3756 (Word version) -- Rep. Harrell: A HOUSE RESOLUTION TO ACKNOWLEDGE AND HONOR THE IMPORTANCE OF THE ISSUANCE OF THE FIRST VIRGINIA CHARTER OVER FOUR HUNDRED YEARS AGO WHICH MAY BE THOUGHT OF AS THE BIRTH CERTIFICATE OF AMERICA CIVILIZATION AND TO EXTEND CONGRATULATIONS AND BEST WISHES TO OUR SISTER STATE, THE COMMONWEALTH OF VIRGINIA, IN COMMEMORATION OF THIS HISTORIC EVENT.

The Resolution was adopted.

ORDERED TO THIRD READING

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

H. 3724 (Word version) -- Rep. Coleman: A BILL TO DEVOLVE ALL OF THE POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES OF THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY AND THE FAIRFIELD COUNTY RECREATION DISTRICT UPON THE GOVERNING BODY OF FAIRFIELD COUNTY, AND TO PROVIDE A PROCEDURE FOR THE DEVOLUTION OF POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES; AND TO REPEAL ACT 1079 OF 1958 RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, AND ACT 1059 OF 1970 RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT.

H. 3749 (Word version) -- Reps. W. D. Smith, Mitchell, Kelly, Littlejohn, Mahaffey, Moss, Phillips, Talley and Walker: A BILL TO AMEND SECTION 12-10-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO ALLOW A TAXPAYER WHO QUALIFIES FOR THE JOB DEVELOPMENT CREDIT AND WHO IS


Printed Page 1782 . . . . . Wednesday, March 21, 2007

LOCATED IN A MULTI-COUNTY BUSINESS OR INDUSTRIAL PARK TO RECEIVE A CREDIT EQUAL TO THE AMOUNT DESIGNATED TO THE COUNTY WITH THE LOWEST DEVELOPMENT STATUS OF THE COUNTIES CONTAINING THE PARK IN CERTAIN CIRCUMSTANCES.

MOTION PERIOD

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

H. 3161--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3161 (Word version) -- Reps. Walker, Mahaffey, Herbkersman, Cotty, Hagood, Scarborough and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-105 SO AS TO PROVIDE FOR THE MAXIMUM SCHOOL BUS RIDE TIME OF EACH STUDENT AND ROUTING EFFICIENCY FOR EACH SCHOOL BUS; BY ADDING SECTION 59-67-108 SO AS TO PROVIDE FOR REQUIRED SCHOOL BUS DRIVER CERTIFICATION TRAINING; BY ADDING SECTION 59-67-415 SO AS TO PROVIDE THAT PARENTS ARE RESPONSIBLE FOR THE SAFETY, CONDUCT, AND TIMELY ARRIVAL OF THEIR CHILDREN TO, FROM, AND AT THE SCHOOL BUS STOP; TO AMEND SECTION 59-67-100, RELATING TO SCHOOL BUS SEATING SPACE AND STUDENTS ASSIGNED TO A SCHOOL BUS, SO AS TO PROVIDE THAT THE NUMBER OF STUDENTS ASSIGNED TO A SCHOOL BUS MUST NOT BE GREATER THAN THE MANUFACTURER CERTIFIED SEATING CAPACITY AND PROVIDE THAT ALL PASSENGERS TRANSPORTED MUST HAVE ADEQUATE SEATING AREA TO COMPLY WITH CERTAIN STANDARDS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF BUSES, SO AS TO PROVIDE THAT SCHOOL BUSES MUST BE INSPECTED AT LEAST ONCE ANNUALLY; AND TO AMEND SECTION 59-67-420, RELATING TO TRANSPORTATION TO BE PROVIDED TO STUDENTS, SO AS TO PROVIDE THAT THE STATE SHALL BEAR THE COST OF TRANSPORTING STUDENTS WHEN THE TRANSPORTATION IS AUTHORIZED BY STATE LAW OR REGULATION, PROVIDE THAT THE STATE MAY ASSUME THE RESPONSIBILITY OF TRANSPORTING STUDENTS WHO LIVE WITHIN A CERTAIN DISTANCE OF THE SCHOOL WHEN


Printed Page 1783 . . . . . Wednesday, March 21, 2007

HAZARDOUS TRAFFIC CONDITIONS ARE INVOLVED, PROVIDE THAT THE SCHOOL DISTRICT SHALL ESTABLISH HAZARDOUS TRAFFIC CRITERIA, PROVIDE FOR HAZARDOUS TRAFFIC FUNDS, PROVIDE THAT THE STATE SHALL PROVIDE TRANSPORTATION TO AND FROM THE RESIDENCE OF EACH UNESCORTED STUDENT PURSUANT TO CERTAIN CIRCUMSTANCES AND DEFINE UNESCORTED STUDENT.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20166SD07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 1, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-105.   (A)   A student may not ride continuously on a state-owned school bus for more than ninety minutes. With the approval of the Department of Education, the ninety-minute maximum ride time may be exceeded when the area's geography requires longer than average highway travel because of a circuitous or meandering road network, extremely low population density, or waterway barriers. The ninety-minute maximum ride time may be exceeded when attendance zones are multidistrict or countywide.

(B)   The Department of Education annually shall assure that state-owned school buses are routed in the most efficient manner and shall require that they are operated only on adequately maintained and safe public and private accessible highways and streets."
SECTION   2.   Article 1, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-108.   (A)   Only a person who has been certified by the State Board of Education may drive a school bus, as defined in Section 59-67-10, when transporting preprimary, primary, or secondary students to or from school, school-related activities, or childcare.

(B)   Any person transporting ten or more preprimary, primary, or secondary students to or from school, school-related activities, or childcare in a vehicle with enabled traffic control devices must receive training as to the proper operation of these traffic control devices."
SECTION   3.   Article 3, Chapter 67, Title 59 of the 1976 Code is amended by adding:


Printed Page 1784 . . . . . Wednesday, March 21, 2007

"Section 59-67-415.   Parents or guardians are responsible for the safety, conduct, and the timely arrival of their children to, from, and at the designated school bus stop before the arrival of the school bus for pick up and transport to school and the timely departure of the child after the school bus leaves the designated school bus stop after transporting the children from school. For purposes of this section, the phrase 'arrival of the school bus' includes the time that the school bus assigned to the school bus stop activates the required pedestrian safety devices, stops, and loads or unloads students until the school bus deactivates all pedestrian safety devices."
SECTION   4.   Section 59-67-100 of the 1976 Code is amended to read:

"Section 59-67-100.   Sufficient seating space shall must be provided so far as practicable for each passenger transported inside each school bus, no an aisle in the school bus shall must not be less than twelve inches in width and all seats shall must be securely fastened to the floor or body of the vehicle. All pupils students must be within the body of the bus at all times while the bus is in motion. They shall not be permitted to ride on the running boards or in Students are not permitted any other place outside the bus, nor shall they be permitted to and may not ride with heads or arms protruding through open windows. Commencing with the 1974-75 school year, the number of pupils transported on a school bus shall not exceed by more than ten percent the manufacturer's rated seating capacity of such bus; and by the school year 1975-76, seating space shall be provided for each pupil transported. The number of students assigned to a school bus must not be greater than the manufacturer certified seating capacity, and all passengers transported must have adequate seating area to comply with the occupant protection performance standards required in the Federal Motor Vehicle Safety Standards. Provided, however, that a limited number of standees excess passengers on regular routes may be permitted until the bus routes can be adjusted to accommodate the overload but not to exceed twenty school days."
SECTION   5.   Section 59-67-270 of the 1976 Code is amended to read:

"Section 59-67-270.   (A)(1)   All publicly owned or leased school buses, including buses owned or leased by a public school district, must be inspected annually in compliance with the State Department of Education annual school bus inspection program.

(2)   All privately owned vehicles designed and used to transport ten or more preprimary, primary, or secondary students to or from


Printed Page 1785 . . . . . Wednesday, March 21, 2007

school, school-related activities, or childcare must be inspected annually. Inspections for these privately owned vehicles must comply with applicable federal inspection requirements. A copy of the vehicle inspection report must be kept on these vehicles at all times.

(B)   All school buses shall be are subject to inspection at any time or place by officers of the State Highway Patrol Transport Police or inspection forces. No A school bus shall may not continue in operation in the transportation of pupils students when the annual inspection is more than twelve months old or the school bus is found to be unsafe after any inspection until the unsafe conditions disclosed by such the inspection shall have been corrected."
SECTION   6.   Section 59-67-420 of the 1976 Code is amended to read:

"Section 59-67-420.   (A)   The State, acting through the State Board of Education, assumes no obligation to transport any child student to or from school who lives within one and one-half miles of the school he attends, nor to provide transportation services extending within a one-half mile radius of the residence of any child student, nor to furnish transportation for any child student who attends a grade in a school outside the pupil's district school attendance zone in which the student resides when the same grade is taught in an appropriate school that is located within the school district in which the pupil lives student resides. The State shall bear the cost of transporting pupils students to regularly organized instructional classes in the district or school attendance area for which state-required school credit is given must be borne by the State. The cost of transportation for new programs conducted by the school districts must be borne by the school district until such time as the program is approved by the State Board of Education and adequate funding for the cost of transportation for the programs is arranged. The State is not responsible for any additional transportation that is not authorized by state law or regulation.

(B)   The State may assume the obligation of transporting students living within one and one-half miles of their schools and within a one-half mile radius of their residences when it is for the health and safety of the children students where hazardous traffic conditions are involved provided funds are appropriated annually by the General Assembly for this purpose. In these cases, the local school district may shall apply in writing to the State Department of Education for the department State to assume the financial responsibility for this transportation for the health and safety of the children involved provided funds are appropriated annually by the General Assembly for


Printed Page 1786 . . . . . Wednesday, March 21, 2007

this purpose. If funds are not appropriated by the General Assembly, then neither the State nor a local school district is required to assume this obligation. In its application, local school districts shall assign priority to its requests for transportation on the basis of children's ages, with the youngest children subject to hazardous conditions receiving the highest priorities. After examining the request, the state department shall render a decision on each application based on the location of the schools in relation to students' homes, the traffic patterns on adjacent roads, the existence of sidewalks, children's ages, and other factors considered pertinent. The state department shall not approve local district applications that have not assigned priority on the basis of children's ages, with the youngest children receiving highest priority. Highway and railroad traffic hazardous criteria must be established by the school district governing body and must respond to the safety of the walk zone as it relates to the location of the school to the student's residence, the traffic patterns, speeds and volume on roadways and railroads, the existence of sidewalks or other walk paths, the student's age, available crossing control systems and personnel, and other factors considered pertinent. The districts shall weigh the need for the state hazardous transportation funds by giving priority to students who are least familiar with traffic movement and the complexity of the traffic hazards. The Department of Education shall equitably allocate appropriated funds to the district for hazardous transportation services provided funds are appropriated by the General Assembly for this purpose. The department shall receive each district's applications for transportation within a hazardous area and apply these against the district's allocation until available funds are exhausted. When available state funds are exhausted, the remaining costs are the responsibility of the respective district if the local school district has elected to assume this obligation.

(C)   Regardless of the provisions of the first paragraph of this section Notwithstanding the provisions of subsection (A), the State shall transport and bear the cost of transporting five-year old four-year-old children students attending public school kindergarten programs to their residences at the conclusion of a morning kindergarten child development session and from their residences to an afternoon kindergarten child development session.

(D)   The State shall provide school transportation service to and from the residence of each unescorted student who is eligible to receive state funded school transportation service and who is enrolled in a full-day four-year-old child development program or kindergarten


Printed Page 1787 . . . . . Wednesday, March 21, 2007

through the second grade provided funds are appropriated annually by the General Assembly for this purpose. The State shall provide school transportation service within two-tenths of a mile of each unescorted student who is eligible to receive state funded school transportation service and who is enrolled in third through fifth grade provided funds are appropriated annually by the General Assembly for this purpose. The special provisions of unescorted students in child development through fifth grade are limited to service documented in the annual route plan. If funds are not appropriated by the General Assembly, then neither the State nor a local school district is required to assume this obligation.

(E)   An unescorted student is defined as a student who has no adult or responsible older person available to accompany him to or from the school bus stop for the purpose of providing protection and guidance. Parents or guardians may be considered unavailable for escort and exempt from the provisions of Section 59-67-415 if they meet the unescorted criteria established by the school district governing body. These criteria must be approved by the State Department of Education. The criteria shall consider parents and guardians who are nonambulatory, head of a single-parent family with a work schedule that requires them to be away from their residence when the bus is scheduled to load or unload their child, a caretaker for a child under the age of one-year or another person requiring their undivided attention, or for other similar circumstances."
SECTION   7.   Article 1, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-580.   (A)   With funds appropriated by the General Assembly for school bus purchases, the State Board of Education shall implement a school bus replacement cycle to replace approximately one-fifteenth of the fleet each year with new school buses, resulting in a complete replacement of the fleet every fifteen years. These funds must not be used for school bus maintenance or fuel.

(B)   With funds appropriated by the General Assembly for transportation grant programs, the department shall establish a grant program to fund transportation of students to alternate public schools including, but not limited to, vocational second and third choice schools, magnet schools, montessori schools, international baccalaureate schools, and English as a second language schools. Those districts having alternate public schools may apply to the department for grant funds to pay for the additional cost of transporting students to these schools. If funds are not appropriated by the General


Printed Page 1788 . . . . . Wednesday, March 21, 2007

Assembly for this purpose, then neither the State nor a local school district is required to assume this obligation."
SECTION   8.   Article 1, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-585.   The State Department of Education, when feasible, shall utilize biodiesel fuel as an energy source to power the state school bus fleet."
SECTION   9.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. E. H. PITTS explained the amendment.
Rep. WALKER spoke in favor of the amendment.
The amendment was then adopted.

Rep. MULVANEY proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20183SD07), which was tabled:
Amend the bill, as and if amended, in Section 59-67-420 of the 1976 Code, as contained in SECTION 6, by striking subsections (D) and (E) in their entirety.
Renumber sections to conform.
Amend title to conform.

Rep. MULVANEY explained the amendment.
Rep. E. H. PITTS spoke in favor of the amendment.
Rep. WALKER spoke against the amendment.

Rep. WALKER moved to table the amendment.

Rep. E. H. PITTS demanded the yeas and nays which were taken, resulting as follows:

Yeas 62; Nays 47

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Brady
Branham                Breeland               R. Brown
Clyburn                Cobb-Hunter            Coleman
Cotty                  Davenport              Funderburk
Govan                  Hagood                 Harrison

Printed Page 1789 . . . . . Wednesday, March 21, 2007

Hart                   Harvin                 Hayes
Hodges                 Hosey                  Jefferson
Jennings               Kelly                  Kirsh
Limehouse              Littlejohn             Lucas
Mack                   Mahaffey               Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Perry                  Phillips               Pinson
Rutherford             Scott                  Sellers
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            W. D. Smith            Stavrinakis
Talley                 Taylor                 Walker
Weeks                  Whipper                Whitmire
Williams               Witherspoon

Total--62

Those who voted in the negative are:

Ballentine             Bannister              Bedingfield
Bingham                Bowen                  Cato
Ceips                  Chalk                  Chellis
Clemmons               Cooper                 Crawford
Dantzler               Delleney               Duncan
Edge                   Frye                   Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Hinson
Huggins                Knight                 Leach
Loftis                 Lowe                   Merrill
Mulvaney               Owens                  Parks
E. H. Pitts            Rice                   Sandifer
Scarborough            Shoopman               Simrill
G. R. Smith            J. R. Smith            Spires
Thompson               Toole                  Umphlett
White                  Young

Total--47

So, the amendment was tabled.


Printed Page 1790 . . . . . Wednesday, March 21, 2007

Rep. DUNCAN proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\11368AC07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Article 1, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-300.   State-owned school buses must be parked overnight and during the school day in a location that is central to the area in which the school buses are operated. The Department of Education shall grant a waiver to the requirements of this section if a waiver is requested by the district transportation supervisor."/
Renumber sections to conform.
Amend title to conform.

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

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

Yeas 111; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Breeland               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Huggins
Jefferson              Jennings               Kelly

Printed Page 1791 . . . . . Wednesday, March 21, 2007

Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Merrill
Miller                 Mitchell               Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            Rice
Rutherford             Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Umphlett
Walker                 Weeks                  Whipper
White                  Whitmire               Young

Total--111

Those who voted in the negative are:

Total--0

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

H. 3355--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M. A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G. M. Smith, Toole, G. R. Smith, Pinson and Bingham: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY


Printed Page 1792 . . . . . Wednesday, March 21, 2007

OF RECORDS, SO AS TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.

Reps. RUTHERFORD and COBB-HUNTER proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11365AC07), which was tabled:
Amend the bill, as and if amended, Section 44-41-330(A), page 1, line 37 after /emergency/ by inserting:
/and in the case of a pregnancy that is the result of incest or criminal sexual conduct,/
Renumber sections to conform.
Amend title to conform.

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

Rep. RUTHERFORD proposed the following Amendment No. 6 (Doc Name COUNCIL\NBD\11425AC07), which was tabled:
Amend the bill, as and if amended, by deleting Section 44-41-330(A) and inserting:
/   (A)   Except in the case of a medical emergency and in addition to any other consent required by the laws of this State, no abortion may be performed or induced unless the following conditions have been satisfied:

(1)   The woman must be informed by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus, verified by an obstetric ultrasound, at the time the abortion is to be performed.

(a)   The obstetric ultrasound must be performed by the physician who is to perform the abortion.


Printed Page 1793 . . . . . Wednesday, March 21, 2007

(b)   In performing the ultrasound, the physician must verify the gestational age prior to the woman giving informed consent to having the abortion procedure performed.

(2)   The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: 'You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care'. This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed.

(3)   The woman must certify in writing, before the abortion, that the information described in item (1) of this subsection has been furnished to her, and that she has been informed of her opportunity to review the obstetric ultrasound images and information referred to in item (2) of this subsection.

(4)   Before performing the abortion, the physician who is to perform or induce the abortion must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed. This subsection does not apply in the case where an abortion is performed pursuant to a court order./
Amend the bill further, by deleting Section 44-41-330(D) and inserting:
/   (D)   If the clinic or other facility where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman obtains the information at the county health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than one hour before the abortion is scheduled to be performed or induced, that the information described in item (A)(1) has been provided to her, and that she has been informed of her opportunity to review the obstetric ultrasound images and the information referred to in item (A)(2), then the waiting period required pursuant to subsection (C) does not apply. /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.


Printed Page 1794 . . . . . Wednesday, March 21, 2007

Rep. DELLENEY moved to table the amendment.

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

Yeas 72; Nays 34

Those who voted in the affirmative are:

Anthony                Ballentine             Bannister
Bedingfield            Bingham                Bowen
G. Brown               Cato                   Ceips
Chalk                  Chellis                Clemmons
Coleman                Cooper                 Crawford
Davenport              Delleney               Duncan
Edge                   Frye                   Gambrell
Govan                  Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Huggins
Jennings               Kelly                  Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Mahaffey               Merrill                Moss
Mulvaney               Ott                    Owens
Perry                  Pinson                 E. H. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 White
Whitmire               Witherspoon            Young

Total--72

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Battle
Bowers                 Branham                Breeland
R. Brown               Clyburn                Cobb-Hunter
Cotty                  Funderburk             Gullick
Hart                   Harvin                 Hodges

Printed Page 1795 . . . . . Wednesday, March 21, 2007

Hosey                  Jefferson              Mack
McLeod                 Miller                 Mitchell
J. H. Neal             Neilson                Parks
Rutherford             Scott                  Sellers
F. N. Smith            Stavrinakis            Weeks
Williams

Total--34

So, the amendment was tabled.

Reps. RUTHERFORD and JENNINGS proposed the following Amendment No. 8 (Doc Name COUNCIL\GGS\22813MM07), which was tabled:
Amend the bill, as and if amended, Section 44-1-330, as found in SECTION 1, by adding an appropriately numbered subsection at the end to read:
/   ( )   The provisions of this section requiring the viewing of the obstetric ultrasound before consent to an abortion do not apply to a woman whose pregnancy is the result of rape or incest.   /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. JENNINGS spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. JENNINGS continued speaking.
Rep. GOVAN spoke in favor of the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. CLEMMONS spoke against the amendment.
Rep. ALEXANDER spoke in favor of the amendment.
Rep. HARVIN spoke in favor of the amendment.
Rep. HAMILTON spoke against the amendment.

SPEAKER IN CHAIR

Rep. HAMILTON continued speaking.
Rep. STAVRINAKIS spoke in favor of the amendment.


Printed Page 1796 . . . . . Wednesday, March 21, 2007

Rep. STAVRINAKIS spoke in favor of the amendment.
Rep. OWENS spoke against the amendment.
Rep. HART spoke in favor of the amendment.
Rep. WILLIAMS spoke in favor of the amendment.
Rep. DELLENEY moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 71; Nays 45

Those who voted in the affirmative are:

Anthony                Ballentine             Bannister
Bedingfield            Bingham                Bowen
Cato                   Ceips                  Chalk
Chellis                Clemmons               Cooper
Crawford               Davenport              Delleney
Duncan                 Edge                   Frye
Gambrell               Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            Hinson                 Hiott
Huggins                Kelly                  Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mahaffey               Merrill                Moss
Mulvaney               Owens                  Perry
Phillips               Pinson                 E. H. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 White                  Whitmire
Witherspoon            Young

Total--71

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Battle

Printed Page 1797 . . . . . Wednesday, March 21, 2007

Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Cotty                  Funderburk             Govan
Gullick                Hart                   Harvin
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kennedy
Knight                 Mack                   McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rutherford             Scott
Sellers                Skelton                Stavrinakis
Weeks                  Whipper                Williams

Total--45

So, the amendment was tabled.

PROXY VOTE--AMENDMENT NO. 8

Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. Smith against the motion to table Amendment No. 8.

Reps. HARVIN, MILLER and SELLERS proposed the following Amendment No. 9 (Doc Name COUNCIL\GGS\22815MM07), which was tabled:
Amend the bill, as and if amended, Section 44-41-330(A), as contained in SECTION 1, page 2, by inserting an appropriately numbered item immediately after line 35 to read:

/   ( )   An obstetric ultrasound performed pursuant to the requirements of this subsection is considered a medically necessary procedure for purposes of insurance coverage and an insurance provider or carrier is prohibited from denying a claim for payment of an obstetric ultrasound when performed as required by this subsection./
Renumber sections to conform.
Amend title to conform.

Rep. HARVIN explained the amendment.

Rep. DELLENEY moved to table the amendment.


Printed Page 1798 . . . . . Wednesday, March 21, 2007

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 68; Nays 44

Those who voted in the affirmative are:

Anthony                Ballentine             Bannister
Battle                 Bedingfield            Bingham
Bowen                  Cato                   Ceips
Chellis                Clemmons               Coleman
Cooper                 Crawford               Davenport
Delleney               Duncan                 Edge
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrison               Haskins                Hayes
Herbkersman            Hinson                 Hiott
Huggins                Kelly                  Kirsh
Leach                  Limehouse              Loftis
Lowe                   Lucas                  Mahaffey
Merrill                Moss                   Mulvaney
J. M. Neal             Owens                  Perry
Phillips               Pinson                 Rice
Sandifer               Scarborough            Shoopman
Simrill                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Talley                 Taylor
Toole                  Umphlett               Viers
Walker                 White                  Whitmire
Witherspoon            Young

Total--68

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Cotty                  Funderburk
Govan                  Hagood                 Hart
Harvin                 Hodges                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Knight                 Littlejohn

Printed Page 1799 . . . . . Wednesday, March 21, 2007

Mack                   McLeod                 Miller
Mitchell               J. H. Neal             Parks
E. H. Pitts            Rutherford             Scott
Sellers                Skelton                F. N. Smith
Stavrinakis            Thompson               Weeks
Whipper                Williams

Total--44

So, the amendment was tabled.

Rep. COBB-HUNTER spoke against the Bill.

Rep. JENNINGS proposed the following Amendment No. 10 (Doc Name COUNCIL\DKA\3255MM07), which was tabled:
Amend the bill, as and if amended, Section 44-1-330, SECTION 1, by adding an appropriately numbered subsection at the end to read:
/   ( )   The provisions of this section requiring the viewing of the obstetric ultrasound before consent to an abortion do not apply to a woman whose pregnancy is the result of rape and a judge has made the determination that probable cause exists that the crime of criminal sexual conduct has occurred or has issued a warrant for criminal sexual conduct in her case. /
Renumber sections to conform.
Amend title to conform.

Rep. JENNINGS explained the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.

Rep. DELLENEY moved to table the amendment.

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

Yeas 60; Nays 52

Those who voted in the affirmative are:

Anthony                Ballentine             Bannister
Bedingfield            Bingham                Bowen
Cato                   Ceips                  Chalk
Chellis                Clemmons               Coleman
Cooper                 Crawford               Davenport

Printed Page 1800 . . . . . Wednesday, March 21, 2007

Delleney               Duncan                 Edge
Haley                  Hamilton               Harrison
Haskins                Herbkersman            Hinson
Hiott                  Huggins                Kelly
Kirsh                  Leach                  Littlejohn
Loftis                 Lowe                   Lucas
Mahaffey               Merrill                Moss
Mulvaney               Owens                  Perry
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 White                  Young

Total--60

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Battle
Bowers                 Branham                Brantley
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Cotty
Funderburk             Gambrell               Govan
Gullick                Hagood                 Hardwick
Harrell                Hart                   Harvin
Hayes                  Hodges                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Knight                 Limehouse
Mack                   McLeod                 Miller
Mitchell               J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Phillips               Rutherford             Scott
Sellers                Skelton                Stavrinakis
Weeks                  Whipper                Williams
Witherspoon

Total--52

So, the amendment was tabled.


Printed Page 1801 . . . . . Wednesday, March 21, 2007

Rep. MACK spoke against the Bill.

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

Yeas 91; Nays 23

Those who voted in the affirmative are:

Agnew                  Anthony                Ballentine
Bannister              Battle                 Bedingfield
Bingham                Bowen                  Bowers
Branham                G. Brown               Cato
Ceips                  Chalk                  Chellis
Clemmons               Coleman                Cooper
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Funderburk             Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Huggins                Jefferson
Jennings               Kelly                  Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mahaffey               McLeod
Merrill                Miller                 Moss
Mulvaney               J. M. Neal             Neilson
Ott                    Owens                  Perry
Phillips               Pinson                 E. H. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Umphlett
Viers                  Walker                 Weeks
White                  Whitmire               Witherspoon
Young

Total--91


Printed Page 1802 . . . . . Wednesday, March 21, 2007

Those who voted in the negative are:
Alexander              Allen                  Bales
Brantley               Breeland               R. Brown
Clyburn                Cobb-Hunter            Cotty
Govan                  Hart                   Hodges
Hosey                  Howard                 Mack
Mitchell               J. H. Neal             Rutherford
Scott                  Sellers                Skelton
Whipper                Williams

Total--23

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

RECORD FOR VOTING

I voted against H. 3355 because I don't believe the House of Representatives should be practicing medicine without a license.

Rep. B. R. Skelton

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 3407 (Word version) -- Reps. Ott, Clyburn, Cobb-Hunter, Hart, Hosey, Howard, Jefferson, Knight, McLeod, J. H. Neal, J. E. Smith and Williams: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 11, 2007, AS "SUNSHINE SUNDAY" AND MARCH 11-17, 2007, AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA" AND TO ENCOURAGE PARTICIPATION IN THESE ACTIVITIES


Printed Page 1803 . . . . . Wednesday, March 21, 2007

COMMEMORATING OUR OPEN, DEMOCRATIC GOVERNMENT.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

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

H. 3757 (Word version) -- Reps. Cato, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE AMERICAN INSTITUTE OF ARCHITECTS ON ITS 150TH ANNIVERSARY AND TO PROCLAIM APRIL 9-14, 2007, AS SOUTH CAROLINA ARCHITECTURE WEEK.

Whereas, April 13, 2007, marks the 150th Anniversary of the American Institute of Architects; and

Whereas, we congratulate the Institute, its 77,000 members, and the 281,000 Americans who work in architecture firms for their contributions to our nation, and we congratulate members of the American Institute of Architects, South Carolina Chapter; and

Whereas, American architects have expressed the richness of our nation's heritage and the vitality of its spirit and have combined


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advances in building technology with design innovation to enliven our cities and communities and improve our citizens' quality of life; and

Whereas, the architecture profession in South Carolina, with the support of the American Institute of Architects, has been vigilant in its stewardship of many of our state's architectural and historic treasures and in its efforts on behalf of building healthy, safe, livable, and sustainable communities that enrich the lives of people in every walk of life. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, congratulate the American Institute of Architects on its 150th anniversary and proclaim April 9-14, 2007, as South Carolina Architecture Week.

Be it further resolved that a copy of this resolution be forwarded to the American Institute of Architects, South Carolina Chapter.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3758 (Word version) -- Reps. J. R. Smith, Clyburn, Hosey, Perry, D. C. Smith, Spires, Stewart, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers,


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Shoopman, Simrill, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Stavrinakis, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR ROBERT A. PEDDE, PRESIDENT OF THE WASHINGTON SAVANNAH RIVER COMPANY, ON THE OCCASION OF HIS NEW ASSIGNMENT AS EXECUTIVE VICE PRESIDENT OF INTERNATIONAL GOVERNMENT NUCLEAR PROGRAMS FOR THE ENERGY AND ENVIRONMENT BUSINESS UNIT, AND TO COMMEND THE OUTSTANDING VISION AND LEADERSHIP MR. PEDDE HAS EXHIBITED DURING HIS YEARS AT THE SAVANNAH RIVER SITE.

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

HOUSE RESOLUTION

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

H. 3759 (Word version) -- Reps. Knight, Chellis, Young and Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PINEWOOD PREPARATORY SCHOOL BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2007 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE BASKETBALL CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

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


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2007 South Carolina Independent School Association Class AAA State Basketball Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3760 (Word version) -- Reps. Knight, Chellis, Young and Harrell: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE PINEWOOD PREPARATORY SCHOOL BASKETBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3761 (Word version) -- Reps. Williams and Jefferson: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR LILLIAN SWENTON WILLIAMS, NATIVE OF FLORENCE COUNTY, ON THE HAPPY OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER ALL THE BEST IN THE COMING YEARS.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3762 (Word version) -- Reps. Herbkersman, Agnew, Bingham, Ceips, Cobb-Hunter, Cooper, Funderburk, Gambrell, Harvin, Hayes, Hinson, Jennings, Merrill, J. H. Neal, Ott and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-155 SO AS TO ESTABLISH AN ACCOUNT IN THE STATE TREASURY CONSISTING OF SALES AND USE TAX REVENUES ATTRIBUTABLE TO THE DELETION OF AN


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EXEMPTION AND TO PROVIDE THAT THIS REVENUE MUST BE DISTRIBUTED UPON APPLICATION TO COASTAL MUNICIPALITIES AND COUNTIES AND USED TO MAINTAIN SALT WATER QUALITY IN SAA WATERS NEAR CHANNELS USED BY SHIPS IN INTERCOASTAL TRADE AND FOREIGN COMMERCE; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL, LUBRICANTS, AND SUPPLIES USED ON SHIPS IN INTERCOASTAL TRADE OR FOREIGN COMMERCE.
Referred to Committee on Ways and Means

H. 3763 (Word version) -- Reps. Limehouse, Loftis, Barfield, Chellis, Clemmons, Hagood, Hardwick, Hayes, Scarborough, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTION FROM PROPERTY TAX, SO AS TO EXEMPT FROM THE PROPERTY TAX SIXTY-TWO PERCENT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND ITS MOTOR, IF IT IS NOT ATTACHED TO THE WATERCRAFT; AND TO AMEND SECTION 12-37-714, RELATING TO PROPERTY TAX ON BOATS WITH SITUS IN SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF DAYS A BOAT THAT IS USED IN INTERSTATE COMMERCE MUST BE PRESENT IN THE STATE TO BE SUBJECT TO THE PROPERTY TAX FROM THIRTY DAYS TO NINETY DAYS, AND TO INCREASE THE NUMBER OF DAYS A BOAT THAT IS NOT USED IN INTERSTATE COMMERCE MUST BE PRESENT IN THE STATE FROM SIXTY CONSECUTIVE DAYS TO ONE HUNDRED TWENTY CONSECUTIVE DAYS.
Referred to Committee on Ways and Means

H. 3764 (Word version) -- Reps. Allen, F. N. Smith, Duncan, Mitchell, Davenport, Govan, Bales, Clyburn, Hosey, Ott and Talley: A BILL TO AMEND SECTION 16-3-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE AN INCREASED PENALTY FOR CERTAIN SCHOOL PERSONNEL WHO COMMIT THESE OFFENSES AGAINST STUDENTS.
Referred to Committee on Judiciary


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H. 3765 (Word version) -- Reps. Edge, Merrill, Witherspoon, Hardwick, Ceips, Duncan, Herbkersman, Spires, Taylor and Viers: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTION FROM PROPERTY TAX, SO AS TO EXEMPT FROM THE PROPERTY TAX SIXTY-TWO PERCENT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND ITS MOTOR, IF IT IS NOT ATTACHED TO THE WATERCRAFT; AND TO AMEND SECTION 12-37-714, RELATING TO PROPERTY TAX ON BOATS WITH SITUS IN SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF DAYS A BOAT THAT IS USED IN INTERSTATE COMMERCE MUST BE PRESENT IN THE STATE TO BE SUBJECT TO THE PROPERTY TAX FROM THIRTY DAYS TO NINETY DAYS, AND TO INCREASE THE NUMBER OF DAYS A BOAT THAT IS NOT USED IN INTERSTATE COMMERCE MUST BE PRESENT IN THE STATE FROM SIXTY CONSECUTIVE DAYS TO ONE HUNDRED TWENTY CONSECUTIVE DAYS.
Referred to Committee on Ways and Means

H. 3766 (Word version) -- Reps. Viers and Delleney: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR PERFORMANCE TO ABORTION, SO AS TO PROVIDE THAT EXCEPT IN THE CASE OF A MEDICAL EMERGENCY, AN ABORTION MAY NOT BE PERFORMED SOONER THAN TWENTY-FOUR HOURS AFTER THE WOMAN RECEIVES THE WRITTEN MATERIALS REQUIRED PURSUANT TO THE WOMAN'S RIGHT TO KNOW ACT.
Referred to Committee on Judiciary

H. 3767 (Word version) -- Reps. Harvin, Anthony, Breeland, Gullick, Jennings, Kirsh, Miller and Umphlett: A BILL TO AMEND CHAPTER 7, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO PROVIDE THAT ON JULY 1, 2007, THE DUTIES, FUNCTIONS, ASSETS, LIABILITIES, AND PERSONNEL OF THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION ARE TRANSFERRED TO THE STATE DEPARTMENT OF EDUCATION TO OPERATE AS A SEPARATE DIVISION OF THE DEPARTMENT, AND TO PROVIDE THAT ON JULY 1, 2007, THE MEMBERS OF THE


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EDUCATIONAL TELEVISION COMMISSION SHALL ACT AS AN ADVISORY BOARD OF THE DEPARTMENT.
Referred to Committee on Education and Public Works

H. 3739--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC
AND MUNICIPAL AFFAIRS

On motion of Rep. HOWARD, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Medical, Military, Public and Municipal Affairs:

H. 3739 (Word version) -- Reps. Sellers, Rutherford, J. H. Neal, Cobb-Hunter and Knight: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 44 TO ENACT "THE BIRTH CONTROL PROTECTION ACT" SO AS TO PROVIDE THAT CONSENTING INDIVIDUALS HAVE THE RIGHT TO USE SAFE AND EFFECTIVE METHODS OF CONTRACEPTIVE WITHOUT GOVERNMENTAL INTERFERENCE AND TO PROVIDE THAT NO GOVERNMENTAL ENTITY OR PERSON ACTING ON BEHALF OF A GOVERNMENTAL ENTITY MAY DEPRIVE CONSENTING INDIVIDUALS OF THE RIGHT TO OBTAIN AND USE SAFE AND EFFECTIVE CONTRACEPTIVES OR INTERFERE WITH OR DISCRIMINATE AGAINST, IN THE REGULATION OR PROVISION OF BENEFITS, FACILITIES, SERVICES, OR INFORMATION, THE RIGHT OF CONSENTING INDIVIDUALS TO OBTAIN AND USE SAFE AND EFFECTIVE CONTRACEPTIVES.

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

ADJOURNMENT

At 2:03 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of George M. Williams of Barnwell, to meet at 10:00 a.m. tomorrow.

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