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


Printed Page 2223 . . . . . Tuesday, April 17, 2007

Tuesday, April 17, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 22:8: "Commit your cause to the Lord; let him deliver."
Let us pray. Lord, You have called these women and men to the great responsibility of representing the people of this State. Help them to commit to You, O Lord, everything they have for the good of this State and in so doing, give them Your blessings with strength and courage. We pray for Your comfort and help to the students, faculty, and staff at Virginia Tech. Comfort with Your presence the families of the victims and heal them in body, mind, and spirit. Help them to remember Your care. Bless our Nation, President, State, Governor, Speaker and all who serve in government and private enterprise. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HUGGINS moved that when the House adjourns, it adjourn in memory of Thadeous Herbert Westbrook, Jr., of Cayce, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the families and friends of all those killed in the massacre at Virginia Tech.


Printed Page 2224 . . . . . Tuesday, April 17, 2007

REPORT RECEIVED

The following was received:

Findings of Fact

Memorandum To: Clerk of the House
Clerk of the Senate
Re: Committee Hearings, March 27, 2007

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidate for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against the candidate.

South Carolina State University

2nd District, Seat 2         Mr. Reggie Gallant

Respectfully submitted,
Rep. Olin Phillips, Chm.     Sen. Thomas Alexander
Rep. Lanny F. Littlejohn     Sen. Linda Short
Rep. Joan Brady             Sen. Jake Knotts
Rep. Floyd Breeland         Sen. Harvey S. Peeler, Jr.

COMMITTEE TO SCREEN CANDIDATES
FOR BOARDS OF TRUSTEES
OF STATE COLLEGES AND UNIVERSITIES

Tuesday, March 27, 2007
12:45 p.m. - 12:49 p.m.

The meeting was conducted on March 27, 2007 at the State House, Columbia, South Carolina, before Lisa F. Huffman, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:

Senator Jake Knotts
Representative Joan Brady
Representative Floyd Breeland
Also Present:
Sophia Derrick


Printed Page 2225 . . . . . Tuesday, April 17, 2007

VICE CHAIRMAN KNOTTS: We're going to call to order the meeting of the Committee to Screen Candidates for Boards and Trustees of State Colleges and Universities. The introduction of the committee members present is Joan Brady, representative from Richland County, and Representative Floyd Breeland -- and where are you from?
MR. BREELAND: Charleston.
VICE CHAIRMAN KNOTTS: Charleston. Charleston. I knew we had to have somebody from Charleston, and myself, Jake Knotts, Senator from Lexington. Raise your right hand. Do you swear that the information you are giving to this committee today is the truth, the whole truth, and nothing but the truth?

(Affirmation)
VICE CHAIRMAN KNOTTS: State your name.
MR. GALLANT: Reggie Gallant.
VICE CHAIRMAN KNOTTS: Reggie Gallant?
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: And you're a candidate for what Board?
MR. GALLANT: South Carolina State University.
VICE CHAIRMAN KNOTTS: South Carolina State University.
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: Why do you want to be on the South Carolina State University Board?
MR. GALLANT: Currently, I serve as a trustee --
VICE CHAIRMAN KNOTTS: Right.
MR. GALLANT: -- and have been there for two years, and have worked diligently with the Board to really help move the university in the right direction. And we've accomplished a lot, and I would like to remain a trustee so that we can continue some of the work that we've done already.
VICE CHAIRMAN KNOTTS: How long have you been on the Board?
MR. GALLANT: Two years.
VICE CHAIRMAN KNOTTS: Two years.
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: Did you fill in an unexpired term of someone?
MR. GALLANT: Yes, sir, Samuel Glover.
VICE CHAIRMAN KNOTTS: Samuel Glover.
MR. GALLANT: Yes, sir.


Printed Page 2226 . . . . . Tuesday, April 17, 2007

VICE CHAIRMAN KNOTTS: He went to the Parole Board.
MR. GALLANT: That's correct.
VICE CHAIRMAN KNOTTS: Tell us a little bit about   yourself.
MR. GALLANT: I'm originally from Georgetown, South Carolina and went to school at Tennessee State University. I currently work for State Farm Insurance Company. I'm a vice president for State Farm and have responsibilities for South Carolina and Georgia. And married, wife, three children -- three boys, 13, 11 and 4.
VICE CHAIRMAN KNOTTS: And where do you live?
MR. GALLANT: I live in Irmo.
VICE CHAIRMAN KNOTTS: In Irmo?
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: Let me ask you a few questions. Just housecleaning questions. Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. GALLANT: No, I don't.
VICE CHAIRMAN KNOTTS: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
MR. GALLANT: No, I do not.
VICE CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the constitution?
MR. GALLANT: I do not.
VICE CHAIRMAN KNOTTS: What is your attendance rate since you are on the Board?
MR. GALLANT: I've been --
VICE CHAIRMAN KNOTTS: Have you missed any meetings?
MR. GALLANT: I've missed probably -- in two years, I've probably missed about three meetings.
VICE CHAIRMAN KNOTTS: Three meetings?
MR. GALLANT: Yes, sir.
VICE CHAIRMAN KNOTTS: How often do they meet?
MR. GALLANT: Four to five times a year.
VICE CHAIRMAN KNOTTS: Were those meetings -- I know in your mind, they're justified -- but would they be excusable meetings?

Printed Page 2227 . . . . . Tuesday, April 17, 2007

MR. GALLANT: Yes, sir. As a matter of fact, as a Board member, if you're going to miss a Board meeting, you need to notify the chairman a week prior to missing a Board meeting and the explanation of why you can't attend.
VICE CHAIRMAN KNOTTS: Ms. Brady or Mr. Breeland, do you have any questions?
MR. BREELAND: My question was, were you a graduate of South Carolina State, but you already answered that.
MR. GALLANT: Yes, sir. Well, my father is a graduate of South Carolina State. My oldest brother is a graduate of South Carolina State, and my oldest sister and my younger sister all attended and graduated from South Carolina State. So there are deep roots in South Carolina State in my family and me, even though I went to another university.
MR. BREELAND: Well, I had my first teaching job in Irmo.
MR. GALLANT: Oh, did you really?
MR. BREELAND: At Richlex High School.
MR. GALLANT: Oh, yeah. Okay.
MR. BREELAND: I know it's not there now.
MR. GALLANT: No, but that's still popular out in that area, for sure. Sure is, absolutely.
VICE CHAIRMAN KNOTTS: Do you have any questions?
MS. BRADY: I'm fine.
VICE CHAIRMAN KNOTTS: Do I hear a motion?
MR. BREELAND: I so move.
VICE CHAIRMAN KNOTTS: We have a motion moved --
MS. BRADY: Second.
VICE CHAIRMAN KNOTTS: -- and a second for approval. No discussion. All in favor, say aye.
COMMITTEE: Aye.
VICE CHAIRMAN KNOTTS: Let it be known it was unanimous. Thank you, sir.
MR. GALLANT: Well, thank you-all, and I know this, hopefully wasn't a terrible inconvenience, but I do appreciate you taking the time to do it. Thank you so much.
VICE CHAIRMAN KNOTTS: Thank you.
MR. GALLANT: Thank you.
MS. BRADY: Thank you.

(THE SCREENING COMMISSION CONCLUDED AT 12:49 P.M.)
Received as information.


Printed Page 2228 . . . . . Tuesday, April 17, 2007

REGULATION RECEIVED

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

Document No. 3113
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-96-10, et seq.
Solid Waste Management
Received by Speaker of the House of Representatives
April 17, 2007
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration March 16, 2008

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 12, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 12, H. 3226 by a vote of 37 to 0:

(R12) H. 3226 (Word version) -- Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe: AN ACT TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, OR OCCUPATION, AND TO DELETE THE REQUIREMENT PROHIBITING AN INDIVIDUAL OR BUSINESS WITH WHOM A PUBLIC OFFICIAL IS ASSOCIATED FROM REPRESENTING A


Printed Page 2229 . . . . . Tuesday, April 17, 2007

PERSON BEFORE A LOCAL GOVERNMENT ENTITY FOR WHICH THE PUBLIC OFFICIAL IS A MEMBER.

Very respectfully,
President
Received as information.

REPORTS OF STANDING COMMITTEES

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

S. 451 (Word version) -- Senators Courson, Setzler, Leatherman and Alexander: A BILL TO AMEND SECTION 59-119-940 OF THE 1976 CODE, RELATING TO LIMITS ON CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS, TO INCREASE THE OUTSTANDING DEBT LIMIT ASSOCIATED WITH THE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS; AND TO AMEND ACT 518 OF 1980, AS AMENDED, TO INCREASE THE OUTSTANDING DEBT LIMIT ASSOCIATED WITH UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

H. 3239 (Word version) -- Reps. Funderburk, Cato and Mahaffey: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO FIVE HUNDRED THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ACQUIRING LAND ON WHICH TO ERECT A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY.
Ordered for consideration tomorrow.


Printed Page 2230 . . . . . Tuesday, April 17, 2007

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

S. 153 (Word version) -- Senators McConnell, Leatherman, Campsen, Vaughn, Ryberg, Richardson, Hayes, Knotts, Elliott, Cleary, Alexander and Fair: A BILL TO RATIFY AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; AND TO RATIFY AN AMENDMENT TO SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A METHOD OF VALUATION FOR ASSESSMENT OF REAL PROPERTY WITHIN THE STATE; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

H. 3783 (Word version) -- Reps. Limehouse, Crawford and Bales: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIENNIAL LICENSE TAXES GRANTED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO REDUCE THE BIENNIAL FEE FOR THE MANUFACTURER'S LICENSE FROM FIFTY THOUSAND DOLLARS TO ONE THOUSAND DOLLARS.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO AMEND SECTION 1-30-105 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION IS ABOLISHED AND THE


Printed Page 2231 . . . . . Tuesday, April 17, 2007

GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS A BOARD AS PROVIDED BY LAW; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN OFFICIALS FROM OFFICE, SO AS TO PROVIDE THAT A DEPARTMENT OF TRANSPORTATION BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND CHAPTER 1, TITLE 57, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD, TO PROVIDE THAT THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS A CHIEF HIGHWAY ENGINEER WHO MAY BE REMOVED BY THE BOARD FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY AND WHO, IN CONJUNCTION WITH THE BOARD, MUST CREATE THE STATEWIDE TRANSPORTATION PRIORITY PLAN; AND BY ADDING ARTICLE 7 TO CHAPTER 1 OF TITLE 57, SO AS TO CREATE THE JOINT TRANSPORTATION REVIEW COMMITTEE AND TO PROVIDE FOR THE MANNER IN WHICH DEPARTMENT OF TRANSPORTATION BOARD MEMBERS ARE SCREENED.
Ordered for consideration tomorrow.

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

H. 3808 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Lowe: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION


Printed Page 2232 . . . . . Tuesday, April 17, 2007

OF MILLER ROAD IN SUMTER COUNTY FROM ITS INTERSECTION WITH BROAD STREET TO ITS INTERSECTION WITH GUIGNARD DRIVE "T. L. 'LUKE' ROGERS HIGHWAY", AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "T. L. 'LUKE' ROGERS HIGHWAY".
Ordered for consideration tomorrow.

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

H. 3845 (Word version) -- Reps. Harvin, Kennedy and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 521 IN CLARENDON COUNTY, BEGINNING AT THE SUMTER COUNTY LINE AND ENDING AT THE WILLIAMSBURG COUNTY LINE THE "JOHN C. LAND III HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION THAT CONTAIN THE WORDS "JOHN C. LAND III HIGHWAY".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3887 (Word version) -- Reps. Knight, Chellis, Young, 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, 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, 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,


Printed Page 2233 . . . . . Tuesday, April 17, 2007

Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams and Witherspoon: A HOUSE RESOLUTION TO CONGRATULATE ELIZABETH LYNN BRONDSEMA FOR CAPTURING THE 2007 SPELLBOUND! LOWCOUNTRY REGIONAL SPELLING BEE CHAMPIONSHIP TITLE AND EARNING THE RIGHT TO COMPETE IN THE EIGHTIETH ANNUAL SCRIPPS NATIONAL SPELLING BEE IN WASHINGTON, D.C.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3888 (Word version) -- Rep. Anthony: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1320 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A SCHOOL DISTRICT IN WHICH A SCHOOL LOCATED THEREIN HAS RECEIVED AN "UNSATISFACTORY" ABSOLUTE ACADEMIC PERFORMANCE RATING ON ITS MOST RECENT SCHOOL REPORT CARD SHALL CONSIDER NONTRADITIONAL METHODS OF DELIVERING INSTRUCTION IN THOSE SCHOOLS THE FOLLOWING SCHOOL YEAR, INCLUDING CONVERTING THOSE SCHOOLS TO A YEAR-ROUND CALENDAR IN THE MANNER IT SHALL DETERMINE MOST BENEFICIAL.
Referred to Committee on Education and Public Works

H. 3889 (Word version) -- Reps. Pinson and Rice: A BILL TO AMEND SECTION 6-8-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A BUILDING CODES ENFORCEMENT OFFICER, SO AS TO PROVIDE ADDITIONAL DEFINITIONS OF RELATED TERMS; TO AMEND SECTION 6-8-20, RELATING TO RESPONSIBILITIES OF THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REQUIRE THE COUNCIL TO PUBLISH A LIST OF REGISTRANTS AND TO DELETE OTHER REPORTING REQUIREMENTS; TO AMEND SECTION 6-8-30, RELATING TO THE ISSUANCE AND RENEWAL OF CERTIFICATES OF REGISTRATION, SO AS TO PROVIDE THAT AN UNCERTIFIED PERSON EMPLOYED AS A


Printed Page 2234 . . . . . Tuesday, April 17, 2007

BUILDING CODES ENFORCEMENT OFFICER MUST BE GRANTED PROVISIONAL REGISTRATION WITHOUT EXAMINATION AND SUBJECT TO ADDITIONAL REQUIREMENTS; TO AMEND SECTION 6-8-40, RELATING TO THE REQUIREMENT OF REGISTRATION TO PRACTICE AS A BUILDING CODES ENFORCEMENT OFFICER AND PENALTIES FOR A VIOLATION, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS AND EXCEPTIONS FOR AN ARCHITECT OR ENGINEER; TO AMEND SECTION 6-8-50, RELATING TO THE AVAILABILITY OF INJUNCTIVE RELIEF AGAINST A VIOLATOR, SO AS TO PROVIDE THAT RELIEF MAY BE SOUGHT FROM THE ADMINISTRATIVE LAW COURT, AMONG OTHER THINGS; TO AMEND SECTION 6-8-60, RELATING TO APPLICATIONS FOR REGISTRATION, SO AS TO MAKE CONFORMING CHANGES AND TO PROVIDE THAT REGISTRATION AUTHORIZES A REGISTRANT TO PRACTICE IN A SPECIFIC CONSTRUCTION TRADE DISCIPLINE; AND TO AMEND SECTION 6-8-70, RELATING TO THE DURATION OF A CERTIFICATE AND CONTINUING EDUCATION REQUIREMENTS, SO AS TO MAKE CONFORMING CHANGES.
Referred to Committee on Labor, Commerce and Industry

H. 3890 (Word version) -- Reps. Harvin and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-825 SO AS TO PROVIDE THAT THE TOWN OF SUMMERTON MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE INTERCHANGES OF INTERSTATE HIGHWAY 95 AND S14-102 (EXIT 108) IN CLARENDON COUNTY.
Referred to Committee on Education and Public Works

H. 3892 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-95 SO AS TO ESTABLISH REQUIREMENTS FOR A PHARMACIST LICENSED IN THIS STATE TO ADMINISTER VACCINES, INCLUDING TRAINING REQUIREMENTS, POLICIES AND PROCEDURES FOR ADMINISTERING VACCINES, RECORDKEEPING REQUIREMENTS, AND CONTINUING EDUCATION REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs


Printed Page 2235 . . . . . Tuesday, April 17, 2007

H. 3896 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 4-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEE IN LIEU OF PROPERTY TAXES, SO AS TO ALLOW AN APPLICABLE PIECE OF PROPERTY TO QUALIFY FOR THE ANNUAL FEE IN LIEU OF PROPERTY TAXES FOR AN ADDITIONAL TEN YEARS BY RESOLUTION OF THE COUNTY, TO EXTEND THE MAXIMUM TIME A PROJECT QUALIFIES FOR A FEE FROM THIRTY YEARS TO FORTY YEARS, TO DELETE THE REQUIREMENTS TO QUALIFY FOR A FOUR PERCENT ASSESSMENT RATIO THAT A SPONSOR MUST INVEST A TOTAL OF THREE HUNDRED MILLION DOLLARS WHEN ADDED TO PREVIOUS INVESTMENTS AND THAT A SPONSOR MUST INVEST AT LEAST FOUR HUNDRED MILLION DOLLARS AND CREATE TWO HUNDRED FULL-TIME JOBS AT A PROJECT, TO ALLOW ONLY A COUNTY TO RETAIN REVENUES FROM A FEE IN LIEU OF PROPERTY TAXES, TO ALLOW THE COUNTY TO USE THESE REVENUES TO OFFSET IMPROVEMENT COSTS, TO PROHIBIT A DIRECT PAYMENT OF CASH FOR A PROJECT EITHER IN OR NOT IN AN INDUSTRIAL DEVELOPMENT PARK FOR SPECIFIED AMOUNTS, AND TO DEFINE IMPROVEMENT COSTS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PARKS, SO AS TO DELETE THE REQUIREMENTS TO QUALIFY FOR A FOUR PERCENT ASSESSMENT RATIO THAT A SPONSOR MUST INVEST A TOTAL OF THREE HUNDRED MILLION DOLLARS WHEN ADDED TO PREVIOUS INVESTMENTS AND THAT A SPONSOR MUST INVEST AT LEAST FOUR HUNDRED MILLION DOLLARS AND CREATE TWO HUNDRED FULL-TIME JOBS AT A PROJECT; TO AMEND SECTION 12-6-3620, RELATING TO INCOME TAX CREDITS FOR USING METHANE GAS, SO AS TO CLARIFY CERTAIN LANGUAGE; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS FOR CONSTRUCTION MATERIALS, SO AS TO CLARIFY CERTAIN LANGUAGE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO PROPERTY TAX CLASSIFICATIONS FOR REAL PROPERTY, SO AS TO ALLOW ANY WAREHOUSING OR WHOLESALE DISTRIBUTION REAL PROPERTY TO BE EXEMPT FROM THE TEN AND ONE-HALF PERCENT CLASSIFICATION FOR MANUFACTURING PROPERTY; TO AMEND SECTION 12-44-10, RELATING TO THE

Printed Page 2236 . . . . . Tuesday, April 17, 2007

TITLE OF THE CHAPTER, SO AS TO DELETE THE DATE; TO AMEND SECTION 12-44-30, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO LOWER THE REQUIREMENTS FOR AN ENHANCED INVESTMENT THAT A SPONSOR INVEST AT LEAST TWO HUNDRED MILLION DOLLARS AND CREATE TWO HUNDRED FULL-TIME JOBS TO ONE HUNDRED FIFTY MILLION DOLLARS AND ONE HUNDRED TWENTY-FIVE JOBS, TO ALLOW A SPONSOR TO BE EXEMPT FROM THE NEW FULL-TIME JOBS REQUIREMENT IN CERTAIN CIRCUMSTANCES, TO LOWER THE LEVEL OF INVESTMENT REQUIRED FOR A MINIMUM INVESTMENT FROM FIVE MILLION DOLLARS TO TWO AND ONE-HALF MILLION DOLLARS, AND TO ALLOW A COUNTY BY RESOLUTION TO EXTEND THE TERMINATION DATE OF A FEE AGREEMENT UP TO AN ADDITIONAL TEN YEARS; AND TO AMEND SECTION 12-44-40, AS AMENDED, RELATING TO FEE AGREEMENTS, SO AS TO CLARIFY CERTAIN LANGUAGE.
Referred to Committee on Ways and Means

H. 3897 (Word version) -- Reps. Loftis, Davenport, Limehouse, Haskins, Bannister, Frye, Hamilton, Harrison, Leach, Mulvaney, Owens, M. A. Pitts, Rice, Scarborough, Shoopman and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-380 SO AS TO PROVIDE THAT EACH PUBLIC SCHOOL IN THIS STATE SHALL PROVIDE A PUBLIC FORUM, SUBJECT TO REASONABLE TIME, PLACE, AND MANNER RESTRICTIONS, WHERE GROUPS OR ORGANIZATIONS MAY MEET AND DISCUSS CERTAIN ISSUES OF THE COMMUNITIES IN WHICH THEY RESIDE, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT MAY ESTABLISH CERTAIN FEES FOR THE USE OF ITS SCHOOL BUILDING FACILITIES, AND TO PROVIDE THAT THE GROUP MAY BE CHARGED FOR ANY DAMAGES AND FURTHER USE OF THE FACILITIES MAY BE DENIED.
Referred to Committee on Education and Public Works

H. 3898 (Word version) -- Reps. Haskins, Bannister, Cato, Hamilton and G. R. Smith: A BILL TO AMEND SECTION 23-47-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO


Printed Page 2237 . . . . . Tuesday, April 17, 2007

REQUIRE 911 SYSTEMS TO HAVE THE CAPACITY TO RECEIVE TEXT MESSAGING CONTACTS.
Referred to Committee on Judiciary

H. 3899 (Word version) -- Reps. J. H. Neal and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-456 SO AS TO PROVIDE THAT AN EMPLOYEE MAY BE GRANTED BY HIS EMPLOYER A SPECIFIED AMOUNT OF ADDITIONAL PAID LEAVE EACH YEAR FOR THE PURPOSE OF ATTENDING CERTAIN ELEMENTARY AND SECONDARY SCHOOL CONFERENCES OR ACTIVITIES DURING THE EMPLOYEE'S WORK HOURS OR TO ENGAGE IN CERTAIN VOLUNTEER TEACHING ACTIVITIES IN THE SCHOOLS, TO PROVIDE THAT THE EMPLOYERS OF THESE EMPLOYEES ARE ENTITLED TO A SPECIFIED STATE INCOME TAX DEDUCTION FOR THESE ACTIVITIES, AND TO PROVIDE THE PROCEDURES NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
Referred to Committee on Ways and Means

H. 3900 (Word version) -- Reps. J. H. Neal and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3379 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO THIRTY PERCENT OF THE COST TO THE TAXPAYER FOR THE PURCHASE AND INSTALLATION OF A SOLAR OR WIND ENERGY SYSTEM ON PROPERTY IN THIS STATE AND TO PROVIDE THE REQUIREMENTS APPLICABLE FOR CLAIMING THIS CREDIT.
Referred to Committee on Ways and Means

H. 3901 (Word version) -- Reps. J. H. Neal and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 23 SO AS TO ENACT THE "INNOCENCE PROTECTION ACT" AND TO PROVIDE THAT A PERSON IN CUSTODY AFTER CONVICTION MAY APPLY TO THE COURT FOR CERTAIN FORENSIC DNA TESTING, TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF A COURT UPON RECEIPT OF AN APPLICATION FOR DNA TESTING, AND TO PROVIDE FOR PRESERVATION OF BIOLOGICAL MATERIAL SECURED IN CONNECTION WITH A


Printed Page 2238 . . . . . Tuesday, April 17, 2007

CRIMINAL CASE FOR AS LONG AS THE MATERIAL MAY HAVE PROBATIVE VALUE AS EVIDENCE.
Referred to Committee on Judiciary

H. 3902 (Word version) -- Reps. J. H. Neal and F. N. Smith: A BILL TO AMEND SECTION 11-35-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURETY BONDING REQUIREMENTS FOR BIDDERS ON A PUBLIC PROCUREMENT CONTRACT, SO AS TO DEFINE "HISTORICALLY UNDERUTILIZED BUSINESS", TO PROVIDE THAT THE GENERAL SERVICES DIVISION OF THE STATE BUDGET AND CONTROL BOARD ESTABLISH A PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO A HUB SEEKING A SURETY BOND, AND TO PROVIDE THAT THE DIVISION MAY CONTRACT FOR THE IMPLEMENTATION OF THE PROGRAM.
Referred to Committee on Ways and Means

H. 3903 (Word version) -- Rep. J. H. Neal: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD ABUSE AND NEGLECT REPORTING REQUIREMENTS AND PROCEDURES, SO AS TO PROVIDE THAT REPORTS OF CHILD ABUSE AND NEGLECT RECEIVED BY TELEPHONE MUST BE RECORDED AND MAINTAINED IN ACCORDANCE WITH PROCEDURES FOR OTHER CHILD ABUSE AND NEGLECT REPORTS AND RECORDS; AND TO AMEND SECTION 20-7-640, AS AMENDED, RELATING TO DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES, INCLUDING MAINTAINING A TOLL-FREE NUMBER FOR, AMONG OTHER THINGS, THE REPORTING OF ABUSE AND NEGLECT, SO AS TO PROVIDE THAT CALLS REPORTING ABUSE OR NEGLECT MUST BE RECORDED AND MAINTAINED IN ACCORDANCE WITH PROCEDURES FOR OTHER CHILD ABUSE AND NEGLECT REPORTS AND RECORDS.
Referred to Committee on Judiciary

H. 3904 (Word version) -- Reps. J. H. Neal and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 7, TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA INCLUSIONARY ZONING ACT" TO PROVIDE THAT COUNTIES AND MUNICIPALITIES ARE


Printed Page 2239 . . . . . Tuesday, April 17, 2007

EMPOWERED TO USE INCLUSIONARY ZONING STRATEGIES TO EXPAND THE AVAILABILITY OF AFFORDABLE HOUSING.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3905 (Word version) -- Rep. J. H. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-55 SO AS TO PROHIBIT HOSPITALS FROM CHARGING UNINSURED PATIENTS FEES IN EXCESS OF THE MAXIMUM FEES CHARGED TO INSURED PATIENTS FOR THE SAME SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3906 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3907 (Word version) -- Reps. J. H. Neal and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 35, TITLE 41 SO AS TO PROVIDE FOR AN ALTERNATIVE BASE PERIOD FOR CERTAIN CLAIMANTS OF BENEFITS UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, TO DEFINE "ALTERNATIVE BASE PERIOD", AND TO FURTHER PROVIDE THAT, WHEN CERTAIN


Printed Page 2240 . . . . . Tuesday, April 17, 2007

INFORMATION IS NOT AVAILABLE, THE COMMISSION MAY BASE THE DETERMINATION FOR ELIGIBILITY FOR UNEMPLOYMENT INSURANCE BENEFITS ON THE AFFIDAVIT OF A CLAIMANT WITH RESPECT TO WEEKS AND WAGES FOR CERTAIN CALENDAR QUARTERS.
Referred to Committee on Judiciary

S. 265 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 50-23-345, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY CERTIFICATES OF BOAT NUMBER, SO AS TO FURTHER PROVIDE FOR WHEN THE DEPARTMENT MAY ISSUE TEMPORARY CERTIFICATES; AND TO AMEND SECTION 50-23-370, AS AMENDED, RELATING TO TERMS AND RENEWAL OF CERTIFICATES OF BOAT NUMBER ISSUED BY THE DEPARTMENT, SO AS TO FURTHER PROVIDE FOR THEIR EXPIRATION AND RENEWAL AND THE CIRCUMSTANCES WHEN THESE CERTIFICATES MAY BE ISSUED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 266 (Word version) -- Senators Martin, Ford, Campsen and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET BASED INCENTIVES AND ELIMINATION OF NONESSENTIAL HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "NONESSENTIAL HOUSING REGULATORY REQUIREMENTS";


Printed Page 2241 . . . . . Tuesday, April 17, 2007

TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT.
Referred to Committee on Judiciary

S. 312 (Word version) -- Senators Martin, Hayes, Drummond, Thomas, Verdin, Vaughn, Mescher, Cromer, Elliott, Anderson, Sheheen, Reese, O'Dell, Alexander and Short: A BILL TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO REVISE THE DEFINITIONS BY DELETING THE DEFINITION OF "AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER", BY DELETING THAT THE "MUNICIPALITY" MUST HAVE OWNERSHIP OF A SYSTEM OR FACILITIES FOR THE GENERATION, TRANSMISSION, OR DISTRIBUTION OF ELECTRIC POWER AND ENERGY FOR AT LEAST TEN YEARS, TO DELETE THE REQUIREMENT THAT ALL MEMBERS OF A JOINT AGENCY MUST BE LOCATED WITHIN THE AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER, AND TO DELETE THE REQUIREMENT THAT THE ACQUISITION OF A PROJECT BE BY PURCHASE FROM AN ELECTRIC SUPPLIER GENERALLY SERVING THE AREA IN WHICH THE MEMBERS ARE LOCATED.
Referred to Committee on Labor, Commerce and Industry

S. 431 (Word version) -- Senators McConnell, Moore, Drummond, Setzler, Matthews, Thomas, O'Dell, Gregory, Jackson, Mescher, Rankin, Alexander, Anderson, Grooms, Scott, Williams, Cromer, Vaughn, Ritchie, Verdin, Ford, Cleary, Patterson, Hayes and Knotts: A BILL TO AMEND CHAPTER 33 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENHANCE THE CERTAINTY OF INVESTMENTS IN THE INFRASTRUCTURE OF ELECTRIC UTILITIES SERVING


Printed Page 2242 . . . . . Tuesday, April 17, 2007

CONSUMERS IN THIS STATE AND TO PROVIDE FOR REGULATORY OVERSIGHT OF THE DEVELOPMENT AND CONSTRUCTION OF BASE LOAD GENERATING PLANTS; TO AMEND SECTION 58-27-610, RELATING TO DEFINITIONS, SO AS TO DEFINE THE TERM "CORRIDOR RIGHTS"; TO AMEND SECTION 58-27-620, RELATING TO SERVICE RIGHTS OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO PROVIDE PARAMETERS TO DETERMINE WHICH SUPPLIER MAY SERVE PREMISES THAT CONSIST OF MULTIPLE BUILDINGS, STRUCTURES, OR FACILITIES; TO AMEND SECTION 58-27-660, RELATING TO SERVICE RIGHTS OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO RECOGNIZE THE AUTHORITY OF THE COMMISSION TO ACT WHEN IT FINDS THAT AN ELECTRIC SUPPLIER IS NOT PROVIDING ADEQUATE AND DEPENDABLE SERVICE; TO AMEND SECTION 58-27-865, RELATING TO FUEL COST RECOVERY, SO AS TO INCLUDE IN THE DEFINITION OF "FUEL COST" CERTAIN ENVIRONMENTAL COSTS AND EMISSIONS ALLOWANCE COSTS INCURRED IN THE PRODUCTION OF ELECTRIC POWER AND TO ALLOW THE PUBLIC SERVICE COMMISSION BY ORDER TO ALLOW ADDITIONAL ENVIRONMENTAL COSTS TO BE INCLUDED IN THE DEFINITION; AND TO AMEND SECTION 58-27-1210, RELATING TO EXTENSIONS OF SERVICE BY ELECTRIC UTILITIES, DISTRIBUTION ELECTRIC COOPERATIVES AND CONSOLIDATED POLITICAL SUBDIVISIONS, TO DEFINE THOSE SITUATIONS IN WHICH SUCH ENTITIES MUST SEEK COMMISSION APPROVAL BEFORE CONSTRUCTION OF FACILITIES.
On motion of Rep. CATO, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 481 (Word version) -- Senators Anderson and Fair: A BILL TO AMEND CHAPTER 1, TITLE 24 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF CORRECTIONS, TO ESTABLISH AN ORGAN AND TISSUE DONOR PROGRAM IN THE DEPARTMENT, TO PROVIDE WHO AND IN WHAT MANNER DONATIONS MAY BE MADE, TO PROVIDE THAT INFORMATION REGARDING BONE MARROW DONATIONS MUST BE PROVIDED TO PRISONERS, TO PROVIDE THAT THE DEPARTMENT IS NOT RESPONSIBLE FOR COSTS ASSOCIATED WITH TESTS OR PROCEDURES


Printed Page 2243 . . . . . Tuesday, April 17, 2007

REQUIRED TO MAKE AN ORGAN DONATION, TO PROVIDE THAT THE DEPARTMENT IS RESPONSIBLE FOR COSTS ASSOCIATED WITH TRANSPORTATION OF A DONOR AND OPERATIONAL SECURITY, TO PROVIDE THAT PRISONERS MUST BE PROVIDED WITH DONOR FORMS IN COMPLIANCE WITH THE ANATOMICAL GIFT ACT, TO PROVIDE THAT THE DEPARTMENT, IN CONSULTATION WITH APPROPRIATE MEDICAL AUTHORITIES, MUST PROMULGATE REGULATIONS AND ESTABLISH PROCEDURES TO FACILITATE PRISONER DONATIONS OF ORGANS, TISSUE, OR BONE MARROW, AND TO PROVIDE THAT ALL ORGAN AND TISSUE DONATIONS MADE PURSUANT TO THIS SECTION MUST BE ON A VOLUNTARY BASIS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 603 (Word version) -- Senators Grooms, Pinckney and Matthews: A BILL TO AMEND ACT 117 OF 1961, AS AMENDED, RELATING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE ANNUAL SALARY AND PER-MEETING EXPENSE ALLOWANCE MUST BE DETERMINED BY THE BOARD.
Referred to Colleton Delegation

S. 635 (Word version) -- Senators Matthews and Pinckney: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO PROVIDE THAT MEMBERS OF THE BOARDS SHALL RECEIVE AN ANNUAL SALARY AND PER MEETING EXPENSE ALLOWANCE IN AN AMOUNT AS DETERMINED BY EACH RESPECTIVE BOARD.
Referred to Hampton Delegation

S. 636 (Word version) -- Senator Pinckney: A BILL TO AMEND ACT 601 OF 1971, AS AMENDED, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE MEMBERS OF THE BOARD SHALL RECEIVE AN ANNUAL SALARY AND A PER MEETING EXPENSE ALLOWANCE IN AN AMOUNT AS DETERMINED BY THE BOARD.
Referred to Committee on Education and Public Works


Printed Page 2244 . . . . . Tuesday, April 17, 2007

S. 650 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNTING IN WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3086, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 651 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3085, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 661 (Word version) -- Senators Gregory, Campsen and Ford: A JOINT RESOLUTION TO EXTEND UNTIL MAY 31, 2007, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL 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.
Referred to Committee on Judiciary


Printed Page 2245 . . . . . Tuesday, April 17, 2007

HOUSE RESOLUTION

The following was introduced:

H. 3891 (Word version) -- Rep. Walker: A HOUSE RESOLUTION TO COMMEND THE AMERICAN OPTOMETRIC ASSOCIATION AND, IN PARTICULAR, THE MEMBERS OF THE SOUTH CAROLINA OPTOMETRIC ASSOCIATION, FOR DEDICATING THEIR EXPERTISE AND SERVICES TO THE INFANTS OF SOUTH CAROLINA THROUGH THE INFANTSEE(r) PROGRAM.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3893 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO HONOR THE LATE EDWIN MALLOY, JR., OF CHERAW FOR HIS TREMENDOUS CONTRIBUTIONS AND OUTSTANDING SERVICE TO THE PEE DEE AREA COUNCIL OF THE BOY SCOUTS OF AMERICA AND TO HIS COMMUNITY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3894 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO EXPRESS APPRECIATION TO MR. WILLIAM HENRY JOHNSON, JR., OF LAKE CITY FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE PEE DEE AREA COUNCIL OF THE BOY SCOUTS OF AMERICA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3895 (Word version) -- Reps. Hosey, Sellers, Anderson, Breeland, G. Brown, Clyburn, Huggins and Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME SOUTH CAROLINA HIGHWAY 304


Printed Page 2246 . . . . . Tuesday, April 17, 2007

IN BARNWELL COUNTY THE "ARIE BLACK GUESS HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "ARIE BLACK GUESS HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clemmons
Clyburn                Cobb-Hunter            Coleman
Cotty                  Crawford               Dantzler
Davenport              Duncan                 Edge
Frye                   Funderburk             Gambrell
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
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rutherford             Sandifer
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith

Printed Page 2247 . . . . . Tuesday, April 17, 2007

G. M. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 Weeks
White                  Whitmire               Williams
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 17.

Fletcher Smith                    Greg Delleney
Doug Smith
Seth Whipper   Jerry Govan

Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. BATTLE a leave of absence for the week due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. COOPER a leave of absence for the week.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the week due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RICE a leave of absence for the week.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SCARBOROUGH a leave of absence due to family illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Theodore A. Watson of Anderson was the Doctor of the Day for the General Assembly.


Printed Page 2248 . . . . . Tuesday, April 17, 2007

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 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. 3317 (Word version)
Date:   ADD:
04/17/07   AGNEW

CO-SPONSOR ADDED

Bill Number:   H. 3493 (Word version)
Date:   ADD:
04/17/07   SPIRES

CO-SPONSOR ADDED

Bill Number:   H. 3649 (Word version)
Date:   ADD:
04/17/07   WILLIAMS

CO-SPONSOR ADDED

Bill Number:   H. 3570 (Word version)
Date:   ADD:
04/17/07   HARVIN

CO-SPONSOR ADDED

Bill Number:   H. 3570 (Word version)
Date:   ADD:
04/17/07   AGNEW


Printed Page 2249 . . . . . Tuesday, April 17, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3765 (Word version)
Date:   ADD:
04/17/07   CHALK

CO-SPONSOR ADDED

Bill Number:   H. 3833 (Word version)
Date:   ADD:
04/17/07   LITTLEJOHN

CO-SPONSOR ADDED

Bill Number:   H. 3880 (Word version)
Date:   ADD:
04/17/07   MCLEOD

CO-SPONSOR REMOVED

Bill Number:   H. 3728 (Word version)
Date:   REMOVE:
04/17/07   HERBKERSMAN

CO-SPONSOR REMOVED

Bill Number:   H. 3136 (Word version)
Date:   REMOVE:
04/17/07   HERBKERSMAN

CO-SPONSOR REMOVED

Bill Number:   H. 3136 (Word version)
Date:   REMOVE:
04/17/07   EDGE

CO-SPONSOR REMOVED

Bill Number:   H. 3136 (Word version)
Date:   REMOVE:
04/17/07   HUGGINS

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:


Printed Page 2250 . . . . . Tuesday, April 17, 2007

S. 498 (Word version) -- Senators Mescher, Grooms and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-35 SO AS TO PROVIDE THAT THE TWENTY-SEVENTH DAY OF FEBRUARY OF EACH YEAR IS DESIGNATED AS "GENERAL FRANCIS MARION MEMORIAL DAY" IN HONOR OF THIS SOUTH CAROLINA REVOLUTIONARY WAR HERO.

H. 3711--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3711 (Word version) -- Reps. Sandifer and Whitmire: A BILL TO AMEND CHAPTER 25, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING THE CHAPTER KNOWN AS THE "JOINT MUNICIPAL WATER SYSTEMS ACT" AS THE "JOINT AUTHORITY WATER AND SEWER SYSTEMS ACT", SO AS TO PROVIDE FOR THE APPOINTMENT OF MEMBERS OF A JOINT AUTHORITY WATER AND SEWER SYSTEM COMMISSION, TO PROVIDE THAT A COMMISSION MAY CONSIST OF NO MORE THAN ELEVEN MEMBERS, TO PROVIDE THAT A CHANGE IN THE MEMBERSHIP OF A JOINT SYSTEM IS NOT FINAL UNTIL NOTICE OF THE CHANGE IS FILED WITH THE SECRETARY OF STATE, TO PROVIDE THAT A JOINT SYSTEM MAY ENTER A CONTRACT TO SELL WATER OR PROVIDE SEWER SERVICE, AMONG OTHER THINGS; AND TO MAKE CONFORMING AND TECHNICAL CHANGES THROUGHOUT THE CHAPTER.

Reps. SANDIFER and HAGOOD proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11510AC07), which was adopted:
Amend the bill, as and if amended, by deleting Section 6-25-60(A) and inserting:
/(aA)   The management and control of a joint system is vested in a commission that may consist of no fewer than five members and no more than eleven members. The governing body of each voting member of a joint system shall appoint a representative commissioner, pursuant to Section 6-25-50(A), who must be to serve as a commissioner of the joint system. The representative may be an officer or employee of the member and may also serve ex officio as a member of the commission. Each A commissioner has one vote and may have additional votes as a majority of the members of the joint system


Printed Page 2251 . . . . . Tuesday, April 17, 2007

determines. Each A commissioner shall serve serves at the pleasure of the governing body by which he was appointed. Each appointed A commissioner, before entering upon his duties, shall take and subscribe to an oath before a person authorized by law to administer oaths to execute the duties of his office faithfully and impartially, and a record of each oath must be filed with the governing body of the appointing authority.

If the commissioners unanimously designate any member for additional representation, then the governing body of any member designated is entitled to appoint up to two additional representatives to be commissioners of the joint system. These additional commissioners have the same power and authority and are subject to the same limitations as the commissioners initially appointed. Once the membership of a commission has been increased in this manner, the additional votes provision of the preceding paragraph no longer applies to the commission.

Notwithstanding the provisions of this subsection requiring the commission managing a joint system to have no fewer than five members and no more than eleven members, a water or sewer authority in existence on this act's effective date is deemed to be in compliance with this requirement.
Renumber sections to conform.
Amend title to conform.

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

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

H. 3134--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3134 (Word version) -- Reps. Weeks, Taylor, Cobb-Hunter, M. A. Pitts and Duncan: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT IT IS IN THE


Printed Page 2252 . . . . . Tuesday, April 17, 2007

CHILD'S BEST INTEREST TO HAVE VISITATION WITH THE GRANDPARENT, THE COURT MAY ORDER SUCH VISITATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11515AC07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 20-7-420(A)(33) of the 1976 Code, as amended by Act 429 of 1994, is further amended to read:

"(33)   To order periods of visitation for the grandparents of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats regardless of the existence of a court order or agreement, and upon a written finding that the visitation rights would be in the best interests of the child and would not interfere with the parent/child relationship. In determining whether to order visitation for the grandparents, the court shall consider the nature of the relationship between the child and his grandparents prior to the filing of the petition or complaint. To order visitation for the grandparent of a minor child if the court finds that the child's parents or guardians are depriving the grandparent of the opportunity to visit with the child and:

(a)   the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or

(b)   the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest.

However, this item does not apply to a family in which the parents and child or children reside in the same household.

The judge presiding over this matter shall award attorney's fees and costs to the prevailing party.

For purposes of this item, 'grandparent' means the natural or adoptive parent of any parent to a minor child."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.


Printed Page 2253 . . . . . Tuesday, April 17, 2007

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

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

ORDERED TO THIRD READING

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

H. 3317 (Word version) -- Reps. Walker, Hinson, Harrell, Cobb-Hunter, Weeks, Hart, F. N. Smith, Parks, Knight, Williams, Jefferson, Howard, McLeod, Mahaffey, Herbkersman and Agnew: A BILL TO AMEND ARTICLE 13, CHAPTER 43, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GIFT OF LIFE TRUST FUND, SO AS TO CHANGE THE NAME TO "DONATE LIFE SOUTH CAROLINA", AND TO ADD ARTICLE 14 TO CHAPTER 43, TITLE 44 SO AS TO ESTABLISH AN ORGAN AND TISSUE DONOR REGISTRY TO BE ADMINISTERED BY DONATE LIFE SOUTH CAROLINA; AND TO AMEND SECTION 56-1-80, RELATING TO DRIVER'S LICENSE AND PERMIT APPLICATIONS, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE ORGAN DONOR INFORMATION INDICATED ON SUCH APPLICATIONS TO DONATE LIFE SOUTH CAROLINA.

Rep. HARVIN explained the Bill.

H. 3286 (Word version) -- Reps. Crawford and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-70 SO AS TO PROVIDE FOR THE USE OF PLAIN LANGUAGE COMMUNICATIONS BY EACH STATE AND LOCAL EMERGENCY, FIRE, AND LAW ENFORCEMENT AGENCY.

Rep. JEFFERSON explained the Bill.

H. 3878 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN


Printed Page 2254 . . . . . Tuesday, April 17, 2007

PSYCHOLOGY, RELATING TO PRACTICE OF PSYCHOLOGY-SPECIALTY DESIGNATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3102, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 3136--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3136 (Word version) -- Reps. Brady, Scarborough, Cobb-Hunter, Funderburk, Miller, Harvin, Ceips, Parks, Neilson, Haley, Knight, Viers, Vick, Whitmire, Brantley, Allen, Davenport, Hardwick, Scott, Anthony, Gullick, Breeland, Mack, Battle, Williams, Sandifer, R. Brown, Govan, Hosey, McLeod, Hart, Hayes, Jennings, Agnew, Gambrell, J. H. Neal, Weeks, Harrison, Spires, Moss, Rutherford, Bales, Branham, Mitchell, F. N. Smith, Jefferson, Merrill, Anderson, Taylor, Mahaffey, Alexander, Clyburn, Phillips, Lowe, Dantzler, Witherspoon, Whipper, Coleman and Barfield: A BILL TO ENACT THE "CERVICAL CANCER PREVENTION ACT" SO AS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-187 SO AS TO PROVIDE THAT BEGINNING WITH THE 2009-2010 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REQUIRE FEMALE STUDENTS ENROLLING IN THE SEVENTH GRADE TO HAVE RECEIVED THE CERVICAL CANCER VACCINE SERIES AND TO AUTHORIZE DELAYING THE REQUIREMENT FOR STUDENTS WHO ARE NOT ELEVEN YEARS OLD AT ENROLLMENT INTO THE SEVENTH GRADE; TO APPLY THE DEPARTMENT'S IMMUNIZATION AND VACCINATION EXEMPTIONS, AS PROVIDED FOR IN REGULATION, INCLUDING, BUT NOT LIMITED TO, A RELIGIOUS EXEMPTION; AND TO PROVIDE THAT IMPLEMENTATION OF THIS SECTION IS CONTINGENT UPON STATE AND FEDERAL FUNDING.

Reps. CRAWFORD, TALLEY, SELLERS, WHITE, BRADY, GAMBRELL, HARRISON, J. H. NEAL, FUNDERBURK, COTTY, HASKINS, MITCHELL, FRYE, SHOOPMAN, ALEXANDER, SPIRES, KIRSH, LOFTIS, ANDERSON, KELLY, BREELAND,


Printed Page 2255 . . . . . Tuesday, April 17, 2007

MAHAFFEY, LEACH, BEDINGFIELD, G. R. SMITH, D. C. SMITH, DAVENPORT, MILLER and HARVIN requested debate on the Bill.

H. 3806--MOTION TO RECONSIDER REJECTED

The motion of Rep. STAVRINAKIS to reconsider the vote whereby the following Resolution was rejected was taken up:

H. 3806 (Word version) -- Reps. G. Brown, Bales, Chellis, Edge, Jefferson, J. M. Neal, Sandifer, G. M. Smith, Umphlett, Whipper, Williams and Young: A HOUSE RESOLUTION TO URGE THE ATTORNEY GENERAL OF THE UNITED STATES AND THE FEDERAL COMMUNICATIONS COMMISSION TO OPPOSE THE PROPOSED MERGER OF THE ONLY TWO SATELLITE RADIO PROVIDERS OPERATING IN THE UNITED STATES.

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

Yeas 43; Nays 61

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Bowers
Brantley               Breeland               G. Brown
R. Brown               Ceips                  Clyburn
Cobb-Hunter            Coleman                Funderburk
Govan                  Hagood                 Hart
Harvin                 Hayes                  Hodges
Hosey                  Jefferson              Jennings
Kennedy                Kirsh                  Limehouse
Lucas                  Mack                   McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Scott                  Sellers
Simrill                Stavrinakis            Vick
Williams

Total--43

Those who voted in the negative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen

Printed Page 2256 . . . . . Tuesday, April 17, 2007

Brady                  Cato                   Chalk
Chellis                Clemmons               Cotty
Crawford               Davenport              Duncan
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Herbkersman
Hinson                 Hiott                  Huggins
Kelly                  Knight                 Leach
Littlejohn             Loftis                 Lowe
Mahaffey               Merrill                Moss
Mulvaney               Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rutherford             Sandifer
Shoopman               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Spires
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Walker                 White                  Whitmire
Witherspoon

Total--61

So, the motion to reconsider was rejected.

R. 14, H. 3357--GOVERNOR'S VETO SUSTAINED

The Veto on the following Act was taken up:

(R14) H. 3357 (Word version) -- Rep. Jennings: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARLBORO COUNTY TRANSPORTATION COMMITTEE.

The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 0; Nays 1

Those who voted in the affirmative are:

Total--0


Printed Page 2257 . . . . . Tuesday, April 17, 2007

Those who voted in the negative are:
Jennings

Total--1

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 3844--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3844 (Word version) -- Reps. Vick, Neilson, Lucas and Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG DON HILL ROAD (S-13-59) IN CHESTERFIELD COUNTY "BOATWRIGHT BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "BOATWRIGHT BRIDGE".

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

That the members of the General Assembly, by this resolution, request that the Department of Transportation name the bridge that crosses Thompson Creek along Don Hill Road (S-13-59) in Chesterfield County "Boatwright Bridge" and erect appropriate markers or signs at this bridge that contain the words "Boatwright Bridge".

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

The Concurrent Resolution was adopted and sent to the Senate.

S. 280--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 280 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF INTERIOR AUTHORIZE THE PLACEMENT OF A MARKER OR MEMORIAL


Printed Page 2258 . . . . . Tuesday, April 17, 2007

AT AN APPROPRIATE LOCATION AT THE BLOODY ANGLE IN THE MULE SHOE ON THE BATTLEFIELDS FOR THE SPOTSYLVANIA COURT HOUSE THAT RECOGNIZES THE SIGNIFICANT ROLE OF SOUTH CAROLINIAN SOLDIERS IN THE BATTLE AT SPOTSYLVANIA COURT HOUSE.

Whereas, the iniquitous Union attack at the Bloody Angle was fought May 12-13, 1864, during the Battle for Spotsylvania Court House; and

Whereas, the Bloody Angle has been hailed by Civil War scholars as the "most ferociously sustained combat in the Civil War"; and

Whereas, previous attacks by Union forces led to the capture or death of almost a division of Lee's army, nearly cutting the Confederate army in half; and

Whereas, Brigadier General Samuel McGowan's brigade, having become "the premier shock troop of General Robert E. Lee's army", consisted of South Carolinian soldiers from Orr's Rifles and the 1st, 12th, 13th, and 14th infantry regiments; and

Whereas, the 1,300 South Carolinians fended off federal attacks by the VI Corps to plug the gap in Confederate troops along the Southern line in the early morning of May 12; and

Whereas, through the fog and the rain, McGowan's South Carolina troops heroically battled the invading federal forces. Despite the flank of deadly fire and the disadvantage of a lower field position, McGowan's men were able to continue to move forward and dislodge the North from the trenches; and

Whereas, the fight then turned into a bloody struggle. Wave after wave of Union forces attacked the Southerners, whom were outnumbered by several thousand. However, the South Carolina soldiers with no relief and no support continued to fight; and

Whereas, the Bloody Angle is best remembered for the protracted, brutal hand-to-hand combat that lasted in excess of twenty hours, producing unparalleled examples of courage and carnage; and


Printed Page 2259 . . . . . Tuesday, April 17, 2007

Whereas, it was the tough, experienced soldiers of McGowan's South Carolina Brigade that were able to delay the protrusion of Union forces until General Lee could assemble a Confederate line; and

Whereas, 451 of the soldiers were either killed, wounded, or missing after the two days of treacherous battle; and

Whereas, the Sons of Confederate Veterans would like to pay tribute to men of South Carolina that so bravely fought at the Bloody Angle during the Civil War. Now, therefore,

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

That the members of the General Assembly, by this resolution, request the U.S. Department of Interior to authorize the placement of a marker or memorial at an appropriate location at the Bloody Angle in the Mule Shoe on the battlefields for the Spotsylvania Court House that recognizes the significant role of McGowan's Brigade of South Carolinians in the battle at the Bloody Angle.

Be it further resolved that a copy of this resolution be forwarded to Commander Gary Lee Davis of the Brigadier General Samuel McGowan Camp #40, Sons of Confederate Veterans, Laurens, South Carolina, the International Headquarters of the Sons of Confederate Veterans, and the South Carolina Division of the Sons of Confederate Veterans.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3908 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE YMCA BLUE RIDGE ASSEMBLY FOR ITS ONE HUNDRED YEARS OF SERVICE,


Printed Page 2260 . . . . . Tuesday, April 17, 2007

AND TO WISH THE GROUP CONTINUED SUCCESS AND GROWTH IN THE COMING YEARS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3909 (Word version) -- Reps. Chellis, Young, Harrell and Knight: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF CORPORAL PHILLIP MICHAEL DEESE OF DORCHESTER COUNTY WHO DIED IN THE LINE OF DUTY WHILE SERVING WITH THE DORCHESTER COUNTY SHERIFF'S OFFICE, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3910 (Word version) -- Reps. Chellis, Young, Harrell and Knight: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 177 ALONG INTERSTATE HIGHWAY 26 IN DORCHESTER COUNTY "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 2261 . . . . . Tuesday, April 17, 2007

INTRODUCTION OF BILLS

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

H. 3911 (Word version) -- Reps. Lucas and Neilson: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN DARLINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Referred to Darlington Delegation

H. 3912 (Word version) -- Rep. White: A BILL TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 40-47-35, RELATING TO LICENSURE AS AN EXPERT MEDICAL WITNESS, SO AS TO PROVIDE THAT RATHER THAN THE BOARD OF MEDICAL EXAMINERS LICENSING A PHYSICIAN


Printed Page 2262 . . . . . Tuesday, April 17, 2007

AS AN EXPERT WITNESS, A PHYSICIAN WHO TESTIFIES IN A PROCEEDING IN THIS STATE IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE BOARD AND TO PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.
Referred to Committee on Medical, Military, Public and Municipal Affairs

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3850 (Word version) -- Reps. M. A. Pitts, Brantley, Alexander, Anderson, Branham, G. Brown, Clyburn, Duncan, Hardwick, Hodges, Hosey, Jefferson, Leach, Miller, Pinson, Rice, Taylor, Toole, Whipper and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE PIEDMONT AMERICAN INDIAN ASSOCIATION LOWER EASTERN CHEROKEE NATION OF SOUTH CAROLINA ON THE DISTINGUISHED HONOR OF ITS RECOGNITION AS A "GROUP" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS ON AUGUST 29, 2006.

H. 3868 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO HONOR MR. WILLIAM B. "BILL" DUKES OF LEXINGTON COUNTY, FOR HIS NUMEROUS AND INVALUABLE CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND TO COMMEND HIM FOR HIS LIFELONG COMMITMENT TO HIS FAMILY, CHURCH, AND COMMUNITY.

H. 3877 (Word version) -- Reps. Toole, Ballentine, Bingham, Frye, Haley, Huggins, McLeod, Ott, E. H. Pitts, Spires, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, 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, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse,


Printed Page 2263 . . . . . Tuesday, April 17, 2007

Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Pinson, 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, Stavrinakis, Stewart, Talley, Taylor, Thompson, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JAMES E. "JIMMY" BRISTOW OF LEXINGTON COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO THE RURITAN ORGANIZATION AND TO THE STATE OF SOUTH CAROLINA, AND TO WISH HIM ALL THE BEST IN THE COMING YEARS.

H. 3884 (Word version) -- Rep. Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. KELLEY VARNER OF NORTH CAROLINA FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS A MINISTER OF GOD.

ADJOURNMENT

At 1:15 p.m. the House, in accordance with the motion of Rep. HUGGINS, adjourned in memory of Thadeous Herbert Westbrook, Jr., of Cayce, to meet at 10:00 a.m. tomorrow.

***

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