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


Printed Page 3688 . . . . . Wednesday, May 30, 2007

Wednesday, May 30, 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 Psalm 33:12: "Blessed is the nation whose God is the Lord, the people he chose for his inheritance."
Let us pray. Heavenly Father, give us the faith to never forget whose we are. You have blessed us with many things. Continue to grant us Your blessings as a nation and people. Shower us with the abundance of Your grace. Now give these Your servants the ability to provide the services for Your people as needed. Give them courage to act for the betterment of all. Look in favor upon our Nation, President, State, Governor, Speaker, and staff 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 yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. GULLICK moved that when the House adjourns, it adjourn in memory of Dina Marie DiGiorgio of Trenton, New Jersey, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 29, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the Veto by the Governor on R. 41, S. 348 by a vote of 25 to 17:


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(R41) S. 348 (Word version) -- Senators Hutto and Land: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES INCLUDING A REQUIREMENT THAT A PERSON FIFTEEN YEARS OLD OR YOUNGER WHO OPERATES AN ALL-TERRAIN VEHICLE MUST POSSESS A SAFETY CERTIFICATE INDICATING SUCCESSFUL COMPLETION OF AN ALL-TERRAIN VEHICLE SAFETY COURSE, AND MUST WEAR A SAFETY HELMET AND EYE PROTECTION WHEN OPERATING AN ATV, MAKING IT UNLAWFUL FOR A PARENT OR LEGAL GUARDIAN TO KNOWINGLY PERMIT HIS CHILD OR WARD UNDER AGE SIX TO OPERATE AN ATV, AND PROVIDING FURTHER RESTRICTIONS WHEN OPERATING AN ATV ON LANDS THAT ARE OPEN TO THE PUBLIC THAT ALLOW OPERATION OF AN ATV, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10A SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 29, 2007
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Initial appointment, Beaufort County Master-in-Equity, with term to commence on June 6, 2003, and to expire on June 6, 2009. Mr. Marvin H. Dukes III, 791 Ribaut Road, Beaufort, South Carolina, 29902.


Printed Page 3690 . . . . . Wednesday, May 30, 2007

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 29, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Alexander and Fair of the Committee of Conference on the part of the Senate on S. 282:

S. 282 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3005 SO AS TO AUTHORIZE CERTAIN PROJECT DELIVERY METHODS FOR STATE PROCUREMENTS RELATING TO INFRASTRUCTURE FACILITIES; BY ADDING SECTION 11-35-3015 SO AS TO SPECIFY THE SOURCE SELECTION METHODS FOR THE TYPES OF AUTHORIZED PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3021 SO AS TO PROVIDE FOR SUBCONTRACTOR SUBSTITUTION; BY ADDING SECTION 11-35-3023 SO AS TO PROVIDE FOR PREQUALIFICATION ON STATE CONSTRUCTION; BY ADDING SECTION 11-35-3024 SO AS TO PROVIDE FOR CONTENTS OF A REQUEST FOR PROPOSALS AND EVALUATION FACTORS APPLICABLE TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3035 SO AS TO PROVIDE FOR THE REQUIREMENT OF ERRORS AND OMISSIONS INSURANCE TO COVER CERTAIN SERVICES DELIVERED PURSUANT TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3037 SO AS TO PROVIDE FOR OTHER FORMS OF SECURITY TO ENSURE PERFORMANCE; BY ADDING SECTION 11-35-3070 SO AS TO ALLOW THE GOVERNING BODY TO APPROVE NONMATERIAL CHANGE ORDERS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REDEFINE "CONSTRUCTION"; TO AMEND SECTION 11-35-1510, AS AMENDED, RELATING TO METHODS OF SOURCE


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SELECTION, SO AS TO PROVIDE FOR SELECTION METHODS IN CONNECTION WITH PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-1530, AS AMENDED, RELATING TO COMPETITIVE SEALED PROPOSALS, SO AS TO REQUIRE COMPETITIVE SEALED PROPOSALS FOR CONTRACTS FOR CERTAIN PROJECT DELIVERY METHODS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 11-35-2410, AS AMENDED, RELATING TO FINALITY OF DETERMINATIONS IN CONNECTION WITH COMPETITIVE SEALED BIDDING, SO AS TO INCLUDE REFERENCES TO CHOICE OF DELIVERY METHOD AND PREQUALIFICATION ON STATE CONSTRUCTION; TO AMEND SECTION 11-35-2910, AS AMENDED, RELATING TO CERTAIN SERVICES, SO AS TO INCLUDE DEFINITIONS PERTAINING TO THE VARIOUS AUTHORIZED PROJECT DELIVERY METHODS INCLUDING "DESIGN REQUIREMENTS", "INDEPENDENT PEER REVIEWER SERVICE", AND "INFRASTRUCTURE FACILITY"; TO AMEND SECTION 11-35-3010, AS AMENDED, RELATING TO ADMINISTRATION OF CONSTRUCTION CONTRACTING, SO AS TO SUBSTITUTE PROJECT DELIVERY METHOD FOR THE PROCESS AND "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO DELETE SOURCE SELECTION LANGUAGE, TO INCORPORATE NEW PROVISIONS ADDED IN EARLIER SECTIONS AND TO DELETE LANGUAGE DUPLICATIVE OF NEW PROVISIONS ADDED; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO BOND AND SECURITY SO AS TO PROVIDE THAT THE CONTRACT PRICE FOR PURPOSES OF A PAYMENT BOND OR PERFORMANCE BOND DOES NOT INCLUDE THE COST OF OPERATION, MAINTENANCE, AND FINANCE, AND TO ALLOW FOR NO SURETY DURING PRECONSTRUCTION OR DESIGN PHASES; TO AMEND SECTION 11-35-3210, AS AMENDED, RELATING TO APPLICABILITY AND POLICY IN CONNECTION WITH CERTAIN SERVICES, SO AS TO DELETE THE PROVISIONS REFERRING TO APPLICABILITY TO THOSE SERVICES; TO AMEND SECTION 11-35-3220, AS AMENDED, RELATING TO PROCUREMENT PROCEDURES, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3230, AS AMENDED,

Printed Page 3692 . . . . . Wednesday, May 30, 2007

RELATING TO SMALL ARCHITECT-ENGINEERING AND LAND SURVEYING CONTRACTS, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3245, AS AMENDED, RELATING TO PERFORMING OTHER WORK, SO AS TO LIMIT ITS APPLICATION TO PROCUREMENTS FOR CONSTRUCTION USING THE DESIGN-BID-BUILD PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-3310, AS AMENDED, RELATING TO INDEFINITE DELIVERY CONSTRUCTION CONTRACTS, SO AS TO ADD A CROSS REFERENCE; AND TO REPEAL SECTION 11-35-1825, RELATING TO PREQUALIFICATION OF CONSTRUCTION BIDDERS.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 29, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Martin, Hutto and Ritchie of the Committee of Conference on the part of the Senate on S. 332:

S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CLARIFY THAT "FALSE STATEMENT AND MISREPRESENTATION" INCLUDES A FALSE BUSINESS ACTIVITY REPORT, MISCOUNT OR MISCLASSIFICATION BY AN EMPLOYER OR EMPLOYEE, OR A FALSE CLAIM MADE BY AN EMPLOYEE TO OBTAIN AN ECONOMIC BENEFIT; TO AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT TO BE ASSIGNED TO THE INSURANCE FRAUD DIVISION; TO AMEND SECTION 42-1-160, WHICH DEFINES "INJURY" AND


Printed Page 3693 . . . . . Wednesday, May 30, 2007

"PERSONAL INJURY", SO AS TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE CERTAIN CONDITIONS FROM "PERSONAL INJURY" AND EXCLUDE CERTAIN EVENTS FROM "ACCIDENT"; TO ADD SECTION 42-1-172, RELATING TO A REPETITIVE TRAUMA INJURY, SO AS TO ESTABLISH WHEN A REPETITIVE TRAUMA INJURY MAY BE COMPENSABLE; TO AMEND SECTION 42-1-375 SO AS TO EXEMPT AN OWNER-OPERATOR OF A VEHICLE LEASED TO A MOTOR CARRIER WHO HAS SIGNED AN INDEPENDENT CONTRACTOR AGREEMENT WITH A MOTOR CARRIER; TO AMEND SECTION 42-9-30 SO AS TO LIMIT THE DISABILITY AWARD TO TEN PERCENT GREATER THAN THE MEDICAL IMPAIRMENT RATING UNLESS THE COMMISSIONER FINDS EXTRAORDINARY CIRCUMSTANCES AND LISTS FACTORS TO BE CONSIDERED FOR EXTRAORDINARY CIRCUMSTANCES AND TO PRESUME FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK IS TOTAL AND PERMANENT DISABILITY; TO AMEND SECTION 42-11-10, RELATING TO OCCUPATIONAL DISEASE, SO AS TO ESTABLISH EMPLOYEE'S BURDEN OF PROOF, EXCLUDE CERTAIN TYPES OF CONDITIONS, AND PROVIDE THAT COMPENSATION IS NOT PAYABLE UNLESS CLAIMANT SUFFERS PERMANENT OR PARTIAL DISABILITY; TO AMEND SECTION 42-15-20, RELATING TO NOTICE FOR A REPETITIVE TRAUMA INJURY, SO AS TO REQUIRE NOTICE BE GIVEN NO LATER THAN NINETY DAYS AFTER EMPLOYEE COULD HAVE DISCOVERED THAT THE CONDITION IS COMPENSABLE; TO AMEND SECTION 42-15-40 SO AS TO BAR THE RIGHT TO COMPENSATION FOR A REPETITIVE TRAUMA INJURY UNLESS THE CLAIM IS FILED WITHIN TWO YEARS AFTER THE DEATH, DISABILITY, OR LAST DATE OF EMPLOYMENT; TO AMEND SECTION 42-15-60, RELATING TO EMPLOYER RESPONSIBILITY, SO AS TO ESTABLISH THAT AFTER TEN WEEKS AFTER DATE OF EMPLOYEE'S INJURY, EMPLOYEE MUST ESTABLISH BY MEDICAL RECORDS OR EXPERT MEDICAL TESTIMONY THAT ADDITIONAL TIME IS NEEDED TO LESSEN THE EMPLOYEE'S DEGREE OF IMPAIRMENT AND TO CLARIFY THAT AN EMPLOYER'S DUTY TO EMPLOYEE TERMINATES WHEN THERE IS NO FURTHER MEDICAL CARE THAT WOULD LESSEN THE DEGREE OF MEDICAL IMPAIRMENT AND IN NO CASE

Printed Page 3694 . . . . . Wednesday, May 30, 2007

WOULD MEDICAL BENEFITS EXTEND FOR MORE THAN FIVE HUNDRED WEEKS AFTER THE DATE OF INJURY, EXCEPT IN CASES INVOLVING PARAPLEGIA, QUADRIPLEGIA, AND PHYSICAL BRAIN DAMAGE; TO AMEND SECTION 42-15-95, RELATING TO THE RELEASE OF MEDICAL INFORMATION IN WORKERS' COMPENSATION CLAIMS, SO AS TO PROVIDE THAT AN EMPLOYEE SEEKING TREATMENT IS CONSIDERED TO HAVE GIVEN CONSENT FOR RELEASE OF MEDICAL RECORDS AND TO PROVIDE COMMUNICATION OPTIONS AMONG INTERESTED PARTIES; TO AMEND SECTION 42-17-90 SO AS TO ESTABLISH A ONE-YEAR PERIOD FOR CHANGE OF CONDITION IN CASES INVOLVING REPETITIVE TRAUMA OR OCCUPATIONAL DISEASE; TO AMEND SECTION 38-73-495 SO AS TO ACCOUNT FOR THIRD-PARTY REIMBURSEMENTS IN EXPERIENCE MODIFICATION; TO AMEND SECTION 42-7-310 SO AS TO REDUCE THE SECOND INJURY FUND ASSESSMENT FORMULA TO ONE HUNDRED AND THIRTY-FIVE PERCENT AND TO REQUIRE THE SECOND INJURY FUND DIRECTOR TO ANNUALLY SUBMIT INFORMATION TO THE NATIONAL COUNCIL ON COMPENSATION INSURANCE; TO AMEND SECTION 42-9-400, RELATING TO THE SECOND INJURY FUND, SO AS TO ELIMINATE "COMBINED EFFECTS OF PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY", TO FURTHER INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR, TO INCREASE THE THRESHOLD FOR REIMBURSEMENT FOR MEDICAL PAYMENT FROM THREE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE "ARTHRITIS" AND "ANY OTHER PRE-EXISTING DISEASE, CONDITION, OR IMPAIRMENT" FROM THE LIST OF PRESUMPTIONS FOR PERMANENT IMPAIRMENT, AND TO PROVIDE NOTICE PROVISIONS; TO AMEND SECTION 42-9-410 SO AS TO INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR FOR SECOND INJURY FUND REIMBURSEMENT ELIGIBILITY; AND TO AMEND CHAPTER 73, TITLE 38.

Very respectfully,
President
Received as information.


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MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 29, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 235:

S. 235 (Word version) -- Senators Hayes, Thomas and Knotts: A BILL TO AMEND SECTIONS 34-26-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA CREDIT UNION ACT, SO AS TO REVISE THE DEFINITIONS OF "DEPOSIT ACCOUNT" AND "SHARE ACCOUNT"; 34-26-350, RELATING TO THE PRINCIPAL PLACE OF BUSINESS OF A CREDIT UNION, SO AS TO CLARIFY THAT THE CREDIT UNION MAY ESTABLISH AND CLOSE BRANCHES WITH THE APPROVAL OF THE BOARD OF FINANCIAL INSTITUTIONS; 34-26-420, RELATING TO POWERS INCIDENTAL TO THE PURPOSE OF CREDIT UNIONS, SO AS TO PROVIDE THAT THE POWERS GRANTED BY STATE LAW OR REGULATION TO A STATE-CHARTERED CREDIT UNION NOT EXCEEDING THOSE FOR A FEDERALLY-INSURED FINANCIAL INSTITUTION; 34-26-500, AS AMENDED, RELATING TO THE REQUIREMENTS OF MEMBERSHIP OF A CREDIT UNION, SO AS TO DELETE THE PROVISION THAT A CREDIT UNION PRESENTLY DOES NOT HAVE A CREDIT UNION SERVICE AVAILABLE, AND PROVIDE THAT THE BOARD APPROVAL IS NOT NECESSARY TO ADD GROUPS WITH NOT MORE THAN TWO HUNDRED FIFTY POTENTIAL MEMBERS INSTEAD OF ONE HUNDRED; 34-26-605, RELATING TO THE BOARD OF A CREDIT UNION, SO AS TO PROVIDE THAT THE BYLAWS MAY OFFER THE OPTION OF USING LOAN OFFICERS INSTEAD OF A CREDIT COMMITTEE; 34-26-750, RELATING TO THE OWNERSHIP INTERESTS IN SHARE ACCOUNTS, SO AS TO REQUIRE THAT CREDIT UNION BYLAWS MUST ESTABLISH MEMBERSHIP AND MEMBER'S RIGHT TO VOTE, OBTAIN LOANS, OR HOLD OFFICE; AND 34-26-860, AS AMENDED, RELATING TO THE LIMITATION ON THE SIZE OF LOAN SECURED BY REAL ESTATE, SO AS TO PROVIDE THAT LOAN TERMS FOR RESIDENTIAL DWELLINGS MAY NOT EXCEED FORTY INSTEAD OF THIRTY YEARS, AND TO PROVIDE THAT LOANS


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FOR CERTIFIED APPRAISALS MUST BE THE SAME AS FOR STATE-CHARTERED BANKS.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 29, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 459:

S. 459 (Word version) -- Senators Sheheen, Leventis, Lourie, Bryant, Ford, Knotts and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-116-130 SO AS TO ENACT THE "JESSICA HORTON CAMPUS CRIME ACT" TO PROVIDE THAT CAMPUS POLICE OFFICERS SHALL NOTIFY AND WORK WITH LOCAL LAW ENFORCEMENT AGENCIES ON THE INVESTIGATION OF A DEATH OR A RAPE RESULTING FROM AN INCIDENT OCCURRING ON THE CAMPUS OF AN INSTITUTION OF HIGHER LEARNING.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

S. 327--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 29, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 327:


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S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
and asks for a Committee of Conference and has appointed Senators Knotts, Sheheen and Campsen to the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. CLEMMONS, STEWART and SCOTT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

S. 446--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 29, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 446:

S. 446 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Anderson, Vaughn, Hawkins, Scott, Williams, Drummond, Mescher, Thomas, Short, Hutto, Leatherman, Richardson, Leventis, Elliott, Patterson, Pinckney, Land, Lourie, Jackson, Peeler, Sheheen, Moore and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDIGENT DEFENSE ACT" BY ADDING SECTION 17-3-5 SO AS TO DEFINE CERTAIN


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TERMS FOR PURPOSES OF THE CHAPTER; BY ADDING ARTICLE 5, CHAPTER 3, TITLE 17 SO AS TO ESTABLISH CIRCUIT PUBLIC DEFENDER SELECTION PANELS, PROVIDE FOR THEIR MEMBERSHIP AND RESPONSIBILITIES RELATED TO THE APPOINTMENT OF CIRCUIT PUBLIC DEFENDERS, PROVIDE ELIGIBILITY REQUIREMENTS FOR CIRCUIT PUBLIC DEFENDERS AND ESTABLISH THEIR DUTIES, AND AUTHORIZE THE CIRCUIT PUBLIC DEFENDERS TO EMPLOY CHIEF COUNTY PUBLIC DEFENDERS AND OTHER NECESSARY PERSONNEL; TO AMEND SECTION 17-3-30, RELATING TO THE AFFIDAVIT REGARDING A PERSON'S INABILITY TO EMPLOY COUNSEL AND PAYMENT OF AN INDIGENT PERSON'S ASSETS TO THE STATE, SO AS TO PROVIDE THOSE ASSETS ARE TO BE PAID TO THE GENERAL FUND OF THE STATE; TO AMEND SECTION 17-3-50, RELATING TO FEES FOR APPOINTED COUNSEL AND PUBLIC DEFENDERS, SO AS TO DELETE OBSOLETE LANGUAGE REGARDING THE APPOINTMENT OF COUNSEL IN ACCORDANCE WITH A PLAN PROMULGATED BY THE BAR OF EACH COUNTY; TO AMEND SECTION 17-3-90, RELATING TO PAYMENT VOUCHERS FOR PRIVATE, APPOINTED COUNSEL, SO AS TO MAKE CONFORMING CHANGES AND TO AUTHORIZE THE OFFICE OF INDIGENT DEFENSE TO PRESENT THE VOUCHER TO THE TRIAL JUDGE FOR APPROVAL; BY REVISING ARTICLE 3, CHAPTER 3, TITLE 17, SO AS TO MAKE CONFORMING CHANGES TO THE ARTICLE IN RELATION TO THE ADDITION OF ARTICLE 5; AND TO REPEAL SECTION 17-3-60 RELATING TO PROCEDURES FOR ESTABLISHING PUBLIC DEFENDER SYSTEMS IN COUNTIES AND SECTION 17-3-70 RELATING TO APPROPRIATIONS FOR MAINTENANCE OF DEFENDER CORPORATIONS AND COMPENSATION OF APPOINTED COUNSEL.
and asks for a Committee of Conference and has appointed Senators Rankin, Ryberg and Malloy to the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. G. M. SMITH, W. D. SMITH and RUTHERFORD to the Committee of Conference


Printed Page 3699 . . . . . Wednesday, May 30, 2007

on the part of the House and a message was ordered sent to the Senate accordingly.

H. 3355--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 29, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3355:

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 OF THE 1976 CODE, 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 OF RECORDS, TO PROVIDE THAT A PHYSICIAN WHO PERFORMS AND ULTRASOUND PRIOR TO PERFORMING AN ABORTION MUST INFORM THE WOMAN THAT SHE HAS THE RIGHT TO VIEW THE ULTRASOUND IMAGES AND UPON HER REQUEST THE PHYSICIAN MUST SHOW THE IMAGES TO THE WOMAN AND PROVIDE A MEDICAL EXPLANATION OF THE IMAGES, TO PROVIDE THAT A PHYSICIAN NOT REQUIRED TO PERFORM AN ULTRASOUND PRIOR TO PERFORMING AN ABORTION MUST INFORM THE WOMAN THAT ULTRASOUND SERVICES ARE AVAILABLE TO HER AND PROVIDE HER WITH A LIST OF LOCATIONS WHERE AN ULTRASOUND MAY BE PERFORMED FREE OF CHARGE, TO PROVIDE THAT IF THE PHYSICIAN OR ALLIED HEALTH PROFESSIONAL PERFORMS AN ABORTION THE PRINTED MATERIALS MAY NOT BE PRESENTED TO HER SOONER THAN TEN MINUTES BEFORE THE ULTRASOUND IS PERFORMED, TO PROVIDE THAT THE WOMAN MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS BEEN INFORMED OF HER RIGHT TO VIEW THE IMAGES, TO PROVIDE THAT UNEMANCIPATED


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MINORS AND PEOPLE ADJUDICATED TO BE INCOMPETENT ARE EXEMPT FROM THE PROVISIONS OF THIS ACT, TO AMEND CHAPTER 41, TITLE 44 TO ADD SECTION 44-41-35 TO PROVIDE THE CIRCUMSTANCES UNDER WHICH AN ULTRASOUND MUST BE PERFORMED PRIOR TO PERFORMING AN ABORTION, AND TO AMEND SECTION 44-41-340, TO PROVIDE FOR THE INFORMATION THAT MUST BE INCLUDED IN THE LIST OF FACILITIES THAT PROVIDE ULTRASOUNDS FREE OF CHARGE.

Very respectfully,
President

On motion of Rep. DELLENEY, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. DELLENEY, SHOOPMAN and VICK to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES

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

S. 589 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-90-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CAPTIVE INSURANCE COMPANY TAKING CREDIT FOR RESERVES ON RISKS OR PORTIONS OF RISKS CEDED TO REINSURERS COMPLYING WITH THE PROVISIONS OF SECTIONS 38-9-200, 38-9-210, AND 38-9-220, SO AS TO PROVIDE THAT AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY MAY NOT TAKE CREDIT IF NOT IN COMPLIANCE WITH THOSE PROVISIONS OF LAW, AND PROVIDE THAT ALL OTHER CAPTIVE INSURANCE COMPANIES MAY NOT TAKE CREDIT FOR RESERVES PURSUANT TO THOSE PROVISIONS UNLESS SPECIFIC APPROVAL HAS BEEN GRANTED BY THE DIRECTOR OF INSURANCE.
Ordered for consideration tomorrow.


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

H. 3326 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.
Ordered for consideration tomorrow.

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

S. 13 (Word version) -- Senators Hayes, Knotts, Fair and Elliott: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 27 TO CHAPTER 7, TITLE 20 OF THE 1976 CODE, TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9, CHAPTER 7 OF TITLE 20 RELATING TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT.
Ordered for consideration tomorrow.

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

S. 15 (Word version) -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler, Fair, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 4, TITLE 20 BY ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT", TO ESTABLISH UNIFORM PROCEDURES FOR THE INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS, TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED IN ANOTHER STATE


Printed Page 3702 . . . . . Wednesday, May 30, 2007

INCLUDING TERMS THAT PROVIDE RELIEF THAT THE COURTS OF THIS STATE WOULD LACK POWER TO PROVIDE; TO PROVIDE IMMUNITY FOR LAW ENFORCEMENT OFFICERS ACTING IN GOOD FAITH; TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED BY ANOTHER STATE WHICH ARE NOT REGISTERED OR FILED IN THIS STATE; TO PROVIDE AN OPTIONAL REGISTRATION PROCESS WHEREBY THE PROTECTED INDIVIDUAL CAN FILE A FOREIGN ORDER OF PROTECTION WITH THE FAMILY COURT; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-160 AS ARTICLE 1, CHAPTER 4, TITLE 20 ENTITLED "PROTECTION FROM DOMESTIC ABUSE".
Ordered for consideration tomorrow.

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

S. 17 (Word version) -- Senators Hayes, Campsen, Mescher, Knotts, Cleary, Fair, Elliott and Ford: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM INTERSTATE FAMILY SUPPORT ACT.
Ordered for consideration tomorrow.

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

S. 268 (Word version) -- Senators Alexander and Martin: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION


Printed Page 3703 . . . . . Wednesday, May 30, 2007

ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.
Ordered for consideration tomorrow.

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

S. 370 (Word version) -- Senators Gregory, Vaughn and Knotts: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD ARSON IN THE FIRST DEGREE TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4171 (Word version) -- Rep. Knight: A HOUSE RESOLUTION TO COMMEND THE FIRST GROUP OF OUTSTANDING YOUNG MEN PARTICIPATING IN THE DEDICATED AND DILIGENT SERVICE (DADS) MENTORING PROGRAM ON THEIR GRADUATION FROM WOODLAND HIGH SCHOOL, IN DORCHESTER SCHOOL DISTRICT FOUR, FOR THEIR SCHOLASTIC ACHIEVEMENTS AND TO WISH THEM THE BEST IN THEIR FUTURE ENDEAVORS.

The Resolution was adopted.


Printed Page 3704 . . . . . Wednesday, May 30, 2007

HOUSE RESOLUTION

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

H. 4172 (Word version) -- Rep. Knight: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, SEPTEMBER 26, 2007, AT TIMES TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the South Carolina Independent School Association be authorized to use the Chamber of the House of Representatives on Wednesday, September 26, 2007, at times to be determined by the Speaker. If the House is in statewide session, the House chamber may not be used.

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be assessed for the use of the House Chamber by the South Carolina Independent School Association on this date.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4173 (Word version) -- Rep. Bannister: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE J. L. MANN HIGH SCHOOL BOYS SWIM TEAM ON ITS IMPRESSIVE WIN OF THE 2006 CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE SWIMMERS, COACH DARRYN NORTON, AND ASSISTANT COACH PHILLIP CASTON ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.


Printed Page 3705 . . . . . Wednesday, May 30, 2007

HOUSE RESOLUTION

The following was introduced:

H. 4174 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION DIRECTED TO THE PRESIDENT AND CONGRESS OF THE UNITED STATES EXPRESSING THE DISCONTENTS OF SOUTH CAROLINIANS AND DEMANDING ACTION TO ADDRESS THOSE DISCONTENTS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 4175 (Word version) -- Rep. Thompson: A HOUSE RESOLUTION TO CONGRATULATE MARTIN OWEN OF ANDERSON COUNTY ON THE DESIGNATION OF HIS FAMILY FARM AS A SOUTH CAROLINA CENTURY FARM, AND WISH HIS FAMILY, HIS FARM, AND HIM CONTINUED PROSPERITY IN THE FUTURE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4176 (Word version) -- Reps. Talley and Kelly: A HOUSE RESOLUTION TO CONGRATULATE THE DORMAN HIGH SCHOOL BOYS TRACK TEAM ON CAPTURING THE 2007 AAAA STATE CHAMPIONSHIP AND TO HONOR ITS ATHLETES AND COACHES ON AN OUTSTANDING WINNING SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4177 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO CONGRATULATE ROBERT BRANDON LEWIS OF MULLINS FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT, COMMEND HIM FOR HIS HARD WORK AND


Printed Page 3706 . . . . . Wednesday, May 30, 2007

DETERMINATION IN REACHING THIS GOAL, AND WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4178 (Word version) -- Reps. Gambrell, Hiott and Moss: A JOINT RESOLUTION TO ESTABLISH A MEDICAID TRANSPORTATION ADVISORY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING RESOLVING ISSUES AND COMPLAINTS CONCERNING THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM, AND TO PROVIDE THAT THE COMMITTEE IS ABOLISHED AT SUCH TIME AS THE CONTRACT EXPIRES OR IS TERMINATED FOR THE OPERATION OF THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM.
On motion of Rep. MOSS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4179 (Word version) -- Reps. Bowen, Huggins, Clemmons, Howard, Jefferson, E. H. Pitts, M. A. Pitts, Spires, Toole and Williams: A BILL TO AMEND SECTION 59-1-130 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "TEACHER", SO AS TO REVISE THE DEFINITION OF A "TEACHER" BY REQUIRING CERTAIN MINIMUM TIME IN THE CLASSROOM AMONG OTHER CRITERIA.
Referred to Committee on Education and Public Works

ROLL CALL

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato

Printed Page 3707 . . . . . Wednesday, May 30, 2007

Ceips                  Chalk                  Chellis
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Govan
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Hodges                 Hosey
Howard                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
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, May 30.

Jackson "Seth"  Whipper           David Mack
Denny Neilson                     Bill Cotty
Chip Huggins                      Thad Viers
Fletcher Smith                    Todd Rutherford

Total Present--120


Printed Page 3708 . . . . . Wednesday, May 30, 2007

DOCTOR OF THE DAY

Announcement was made that Dr. J. Capers Hiott of Wedgefield was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. KNIGHT and BEDINGFIELD presented to the House Dorchester County Robotics Team 342 "Burning Magnetos", the 2007 National Robotics Champions and the Mauldin High School Robotics Team 1319 "Golden Flash", the 2007 First Division Robotics Champions and their mentors.

CO-SPONSOR 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 REMOVED

Bill Number:   H. 3876 (Word version)
Date:   REMOVE:
05/30/07   HARRELL

ORDERED TO THIRD READING

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

H. 4164 (Word version) -- Reps. Bowers and Brantley: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S


Printed Page 3709 . . . . . Wednesday, May 30, 2007

CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE HAMPTON COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY; TO ABOLISH THE HAMPTON COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.

S. 719 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE, AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3120, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. M. A. PITTS explained the Joint Resolution.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 493 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.


Printed Page 3710 . . . . . Wednesday, May 30, 2007

S. 686--DEBATE ADJOURNED

Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Tuesday, June 5, which was adopted:

S. 686 (Word version) -- Senator Sheheen: A BILL TO AMEND CHAPTER 13, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-13-12, TO PROVIDE THAT IT IS UNLAWFUL TO SNAG A FISH.

S. 656--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, May 31, which was adopted:

S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler and Land: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE A PERMANENT EXEMPTION FOR UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS BEGINNING THE JULY FIRST THAT THE PHASE-DOWN OF THE STATE SALES TAX RATE ON UNPREPARED FOOD ATTAINS ZERO.

S. 489--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 489 (Word version) -- Senators Campsen, Gregory, McGill, Williams and Grooms: A BILL TO AMEND SECTION 50-1-30, AS AMENDED,


Printed Page 3711 . . . . . Wednesday, May 30, 2007

CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1705, AS AMENDED, RELATING TO CATCH LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE CATCH LIMITS FOR OTHER SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE SIZE LIMITS FOR OTHER SALTWATER GAMEFISH AND DELETE PROVISIONS PERTAINING TO THE MANNER IN WHICH BLACK SEABASS MUST BE SOLD; AND TO REPEAL SECTION 50-5-1711 RELATING TO LIMITS ON TAKING, POSSESSING, OR SELLING DOLPHINS AND MAHI MAHI AND THE HARVEST, POSSESSION, OR SALE OF SARGASSUM, AND TO PROVIDE PENALTIES.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20348SD07), which was adopted:
Amend the bill, as and if amended, by striking Section 50-5-1705 of the 1976 Code, as contained in SECTION 2 and inserting:
/   SECTION   2.   Section 50-5-1705 of the 1976 Code, as last amended by Act 105 of 2001, is further amended to read:

"Section 50-5-1705.   (A)   Spotted seatrout (winter trout), Cynoscion nebulosus; red drum (channel bass), Sciaenops ocellatus; tarpon, Megalops atlanticus; and any species of billfish of the Family Istiophoridae are saltwater gamefish.

(B)   As used in this article, a day means sunrise on one day to sunrise on the following day.

(C)(B)   It is unlawful for a person to take or have in possession more than ten spotted seatrout in any one day.

(D)(C)   It is unlawful for a person to take or have in possession more than two three red drum in any one day.

(E)(D)   It is unlawful for a person to take or have in possession more than one tarpon in any one day.

(E)   It is unlawful for a person to take or have in possession more than five black drum Pogonias cromis in any one day.

(F)   It is unlawful for a person to take or possess more than twenty fifteen flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device in any one day.


Printed Page 3712 . . . . . Wednesday, May 30, 2007

(G)   It is unlawful to gig for spotted seatrout or red drum from December 1 through the last day of February inclusive.

(H)   The possession limits do not apply to the possession or sale of properly identified fish imported by seafood dealers or produced by permitted mariculture operations, or to possession as allowed under permit authorized by this chapter.

(G)   It is unlawful for a person to take or have in possession more than ten weakfish Cynoscion regalis in any one day.

(H)   It is unlawful to take or possess Hardhead Catfish Ariopsis felis or Gafftopsail Catfish Bagre marinus.

(I)   It is unlawful to gig for spotted seatrout or red drum from December first, through the last day of February inclusive.

(J)   The possession limits do not apply to the possession or sale of properly identified fish imported by seafood dealers or produced by permitted mariculture operations, or to possession as allowed under permit authorized by this chapter."/
Amend the bill further, as and if amended, by striking Section 50-5-1710 of the 1976 Code, as contained in SECTION 3 and inserting:
SECTION 3.   Section 50-5-1710 of the 1976 Code, as last amended by Act 105 of 2001, is further amended to read:

"Section 50-5-1710.   (A)   Except as provided in Article 21, it is unlawful to take, possess, land, sell, purchase, or attempt to sell or purchase:

(1)   spotted seatrout (Cynoscion nebulosus) (winter trout) of less than thirteen fourteen inches in total length;

(2)   flounder (Paralichthys) of less than twelve fourteen inches total length;

(3)   red drum (Sciaenops ocellatus) (channel bass or spottail bass) of less than fifteen inches in total length, or more than twenty-four inches in total length; or

(4)   black sea bass (Centropristis striata) of less than ten inches in total length black drum Pogonias cromis of less than fourteen inches or more than twenty-seven inches in total length;

(5)   weakfish Cynoscion regalis of less than twelve inches in total length.

(B)   The finfish species named in this section must be brought to the dock or landed with head and tail fin intact except for product produced by mariculture operations permitted under this chapter, provided that returning fish of unlawful size immediately to the water does not constitute a violation. Black seabass sold or offered for sale must be processed, marketed, and sold to the ultimate consumer with


Printed Page 3713 . . . . . Wednesday, May 30, 2007

head and tail fins intact. A commercial retailer or restaurant may remove the head at the request of the ultimate consumer after completion of the transaction but before transfer of the purchase or serving of the dish."/
Renumber sections to conform.
Amend title to conform.

Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.

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

S. 283--DEBATE ADJOURNED

The following Bill was taken up:

S. 283 (Word version) -- Senators Grooms and Campsen: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20349SD07):
Amend the bill, as and if amended, in Section 50-11-2200 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (E) to read:
/   (E)   Nothing contained in this section shall interfere in any manner with the use and management of lands by a state agency in charge of these lands in the functions of the agency as authorized by law. /
Renumber sections to conform.
Amend title to conform.

Rep. M. A. PITTS explained the amendment.


Printed Page 3714 . . . . . Wednesday, May 30, 2007

Rep. COLEMAN moved to table the Bill, which was rejected.

Rep. FRYE moved to adjourn debate on the Bill until Tuesday, June 5, which was agreed to.

S. 141--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 141 (Word version) -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair, Alexander and Lourie: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S INTENT TO ENHANCE THE GRAND JURY SYSTEM AND THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMINAL GANG ACTIVITY OR A PATTERN OF CRIMINAL GANG ACTIVITY TO THE STATE GRAND JURY'S JURISDICTION; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER, AS ARTICLE 1, AND BY ADDING ARTICLE 3, SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER TO USE OR THREATEN TO USE PHYSICAL VIOLENCE AGAINST ANOTHER PERSON WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON TO ACTIVELY PARTICIPATE IN CRIMINAL GANG ACTIVITY OR TO PREVENT A PERSON FROM LEAVING A CRIMINAL GANG AND TO PROVIDE PENALTIES, TO PROVIDE AN ADDITIONAL PENALTY FOR COMMITTING THIS OFFENSE WITH A FIREARM OR DEADLY WEAPON, TO PROVIDE AN ADDITIONAL PENALTY IF THE PERSON THREATENED IS UNDER THE AGE OF EIGHTEEN, TO PROVIDE THE PERSON THREATENED HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR CRIMINAL GANG MEMBER, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER BY THREAT OR FORCE TO PREVENT OR ATTEMPT TO PREVENT A WITNESS OR VICTIM FROM ATTENDING OR GIVING TESTIMONY AT A TRIAL THAT CONCERNS OR RELATES TO CRIMINAL ACTIVITY AND TO PROVIDE A PENALTY, TO PROVIDE THAT A PERSON THREATENED


Printed Page 3715 . . . . . Wednesday, May 30, 2007

PURSUANT TO THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR GANG MEMBER, TO PROVIDE A PROCEDURE FOR BRINGING THIS CIVIL CAUSE OF ACTION, TO PROVIDE FOR PROTECTION OF THE IDENTITY OF AN INFORMANT, TO PROVIDE FOR THE SEIZURE OF ANY FIREARM, AMMUNITION, OR DANGEROUS WEAPON, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR VALUABLES IF THE LAW ENFORCEMENT OFFICER REASONABLY BELIEVES IT IS OR WILL BE USED IN A PATTERN OF CRIMINAL GANG ACTIVITY OR FOR FURTHERANCE OF THE BENEFITS OF A CRIMINAL GANG, TO PROVIDE A PROCEDURE FOR SEIZURE OF FIREARMS, AMMUNITION, OR DANGEROUS WEAPONS, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR OTHER VALUABLES, TO PROVIDE FOR NOTIFICATION OF THE SHERIFF AND CHIEF OF POLICE WHEN A CRIMINAL GANG MEMBER IS RELEASED FROM JAIL, PRISON, OR A CORRECTIONS FACILITY, TO PROVIDE AN EXCEPTION FOR EMPLOYEES LAWFULLY ENGAGED IN COLLECTIVE BARGAINING ACTIVITIES OR THE LAWFUL ACTIVITIES OF LABOR ORGANIZATIONS, TO PROVIDE THE GOVERNING BODY OF A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION OF THE STATE MAY ADOPT AND ENFORCE ORDINANCES CONSISTENT WITH THIS ARTICLE, TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO INCLUDE THE VIOLENT GANG TERRORIST ORGANIZATION FILE AMONG THE NATIONAL CRIME INFORMATION CENTER DATA AVAILABLE FOR DIRECT ACCESS BY CRIMINAL JUSTICE AGENCIES, TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT AGENCIES TO MAINTAIN A RECORD OF ALL PERSONS WHO ARE FOUND TO BE CRIMINAL GANG MEMBERS IN THE VIOLENT GANG AND TERRORIST ORGANIZATION FILE, AND TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION TO DEVELOP AND MAINTAIN A STATEWIDE CRIMINAL GANG DATABASE.


Printed Page 3716 . . . . . Wednesday, May 30, 2007

Reps. SELLERS, HART, BALES, GOVAN, HERBKERSMAN, W. D. SMITH, TALLEY, LEACH, DAVENPORT, SHOOPMAN, WHIPPER, SCOTT, HOSEY, NEILSON and HINSON requested debate on the Bill.

S. 213--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 213 (Word version) -- Senators Lourie, Hayes, Fair, Setzler, Courson, Vaughn, Cromer, Leatherman, McGill, Knotts, Alexander and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "PREVENTION OF UNDERAGE DRINKING AND ACCESS TO ALCOHOL ACT OF 2007" SO AS TO ADD ARTICLE 19, CHAPTER 4, TITLE 61 TO REQUIRE THE REGISTRATION OF KEGS, TO DEFINE TERMS ASSOCIATED WITH THE ARTICLE, TO PROVIDE A PROCEDURE FOR THE REGISTRATION OF KEGS, AND TO PROVIDE FINES FOR VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 6, TITLE 61, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL ACT, BY ADDING SECTION 61-6-4075, SO AS TO CREATE THE OFFENSE OF ILLEGAL PURCHASE OF ALCOHOLIC LIQUORS FOR ANOTHER'S CONSUMPTION ON THE PREMISES AND TO PROVIDE A PENALTY, AND BY ADDING SECTION 61-6-4085, SO AS TO REQUIRE CRIMINAL CHARGES TO BE BROUGHT AGAINST BOTH THE SELLER AND PURCHASER REGARDING THE ILLEGAL SALE OF ALCOHOLIC LIQUORS TO MINORS AND TO CREATE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, BOTH AS AMENDED, RELATING TO PURCHASE OR POSSESSION OF BEER, WINE, AND ALCOHOLIC LIQUORS, SO AS TO EQUALIZE THE PENALTIES FOR THE OFFENSES, TO REQUIRE THAT THE VIOLATOR COMPLETE AN ALCOHOL EDUCATION PROGRAM, AND TO PROVIDE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-746, RELATING TO DRIVER'S LICENSE SUSPENSION FOR CERTAIN OFFENSES INVOLVING THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS BY MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND REQUIRE NOTIFICATION OF THE


Printed Page 3717 . . . . . Wednesday, May 30, 2007

MINOR'S PARENT WHEN THE MINOR'S DRIVER'S LICENSE IS SUSPENDED; TO AMEND SECTION 61-4-50, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO REQUIRE THE VIOLATOR TO COMPLETE AN ALCOHOL EDUCATION PROGRAM; TO AMEND SECTION 61-4-60, RELATING TO A MINOR'S GIVING FALSE INFORMATION AS TO AGE FOR THE PURPOSE OF PURCHASING BEER OR WINE, SO AS TO INCREASE THE PENALTY SO IT IS EQUAL TO THE SIMILAR OFFENSE INVOLVING ALCOHOLIC LIQUORS; TO AMEND SECTION 61-4-80, RELATING TO THE PURCHASE OF BEER OR WINE FOR ANOTHER'S CONSUMPTION ON PREMISES, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 61-4-90, AS AMENDED, RELATING TO TRANSFER OF BEER OR WINE FOR A MINOR'S CONSUMPTION, SO AS TO REVISE THE PENALTIES AND TO PROVIDE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 61-4-100, RELATING TO REQUIRING CRIMINAL CHARGES TO BE BROUGHT AGAINST BOTH THE SELLER AND PURCHASER REGARDING THE ILLEGAL SALE AND PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO CREATE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 61-6-4070, AS AMENDED, RELATING TO TRANSFER OF ALCOHOLIC LIQUORS FOR A MINOR'S CONSUMPTION, SO AS TO REVISE THE PENALTIES AND TO PROVIDE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 61-6-4080, RELATING TO THE SALE OF ALCOHOLIC LIQUORS TO MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO REQUIRE THE VIOLATOR TO COMPLETE AN ALCOHOL EDUCATION PROGRAM.

Reps. TALLEY, BALES, HERBKERSMAN, KENNEDY, SELLERS, HART, WEEKS, AGNEW and HOSEY requested debate on the Bill.


Printed Page 3718 . . . . . Wednesday, May 30, 2007

S. 449--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 449 (Word version) -- Senators Martin, Verdin, Sheheen, Leventis, Bryant and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-85, TO PROVIDE THAT THE STATE WILL NOT PARTICIPATE IN THE IMPLEMENTATION OF THE REAL ID ACT UNTIL THE FEDERAL GOVERNMENT MAKES CERTAIN MODIFICATIONS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20355SD07):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-85.   The State shall not participate in the implementation of the federal REAL ID Act."
SECTION   2.   Section 13-1-1050(A) of the 1976 Code, as added by Act 11 of 2005, is amended to read:

"(A)   Notwithstanding any other provision of law, beginning February 15, 2005, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission members must serve for a term of office of four years that expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve until their successors are elected and qualify, and provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. A member of the commission may succeed himself on the commission for a second term, but no member of the commission may serve more than two consecutive terms. After serving two consecutive terms, a commission member is not eligible to serve on the commission until four years after the expiration of his second term. Any vacancy occurring in the office of commissioner must be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another


Printed Page 3719 . . . . . Wednesday, May 30, 2007

commissioner is serving from that county. Failure by a commission member to maintain residency in the district for which he is elected shall result in the forfeiture of his office. The at-large commission member, upon confirmation by the Senate, shall serve as chairman of the commission."
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. MILLER explained the amendment.
Rep. BEDINGFIELD spoke against the amendment.

Rep. BEDINGFIELD moved to divide the question, which was agreed to.

QUESTION 1-- ADOPTED

SECTION   1.   Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-85.   The State shall not participate in the implementation of the federal REAL ID Act."

Rep. WALKER explained the question.

The question recurred to the adoption of the question.

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

Yeas 109; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
Cato                   Ceips                  Chalk
Chellis                Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Davenport

Printed Page 3720 . . . . . Wednesday, May 30, 2007

Delleney               Duncan                 Edge
Frye                   Funderburk             Gambrell
Govan                  Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Huggins                Jefferson
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vick                   Viers
Walker                 Weeks                  Whipper
White                  Williams               Witherspoon
Young

Total--109

Those who voted in the negative are:

Total--0

So, the question was adopted.

QUESTION 2-- ADOPTED

SECTION   2.   Section 13-1-1050(A) of the 1976 Code, as added by Act 11 of 2005, is amended to read:


Printed Page 3721 . . . . . Wednesday, May 30, 2007

"(A)   Notwithstanding any other provision of law, beginning February 15, 2005, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission members must serve for a term of office of four years that expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve until their successors are elected and qualify, and provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. A member of the commission may succeed himself on the commission for a second term, but no member of the commission may serve more than two consecutive terms. After serving two consecutive terms, a commission member is not eligible to serve on the commission until four years after the expiration of his second term. Any vacancy occurring in the office of commissioner must be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another commissioner is serving from that county. Failure by a commission member to maintain residency in the district for which he is elected shall result in the forfeiture of his office. The at-large commission member, upon confirmation by the Senate, shall serve as chairman of the commission."

Rep. WALKER explained the question.
Rep. BEDINGFIELD spoke against the question.
Rep. SKELTON spoke in favor of the question.

The question recurred to the adoption of the question.

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

Yeas 65; Nays 48

Those who voted in the affirmative are:

Anthony                Bales                  Barfield
Battle                 Bingham                Bowen
Bowers                 Brady                  Branham

Printed Page 3722 . . . . . Wednesday, May 30, 2007

Brantley               Breeland               Cato
Chellis                Clemmons               Clyburn
Cobb-Hunter            Coleman                Cotty
Dantzler               Edge                   Gambrell
Hardwick               Harrison               Hart
Harvin                 Hayes                  Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kelly                  Knight
Loftis                 Lucas                  Mahaffey
McLeod                 Merrill                Miller
Mitchell               J. H. Neal             J. M. Neal
Neilson                Ott                    Perry
Pinson                 Rutherford             Sandifer
Scott                  Sellers                Skelton
G. R. Smith            W. D. Smith            Stewart
Talley                 Vick                   Viers
Walker                 Whipper                White
Whitmire               Witherspoon

Total--65

Those who voted in the negative are:

Agnew                  Allen                  Ballentine
Bannister              Bedingfield            G. Brown
R. Brown               Ceips                  Chalk
Cooper                 Crawford               Davenport
Delleney               Duncan                 Frye
Govan                  Gullick                Haley
Hamilton               Harrell                Haskins
Huggins                Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Lowe                   Moss                   Mulvaney
Owens                  E. H. Pitts            M. A. Pitts
Rice                   Scarborough            Shoopman
Simrill                D. C. Smith            F. N. Smith
J. R. Smith            Spires                 Stavrinakis
Taylor                 Thompson               Toole
Weeks                  Williams               Young

Total--48


Printed Page 3723 . . . . . Wednesday, May 30, 2007

So, the question was adopted.

QUESTION 3-- ADOPTED

SECTION   3.   This act takes effect upon approval by the Governor.

The question was adopted.

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

OBJECTION TO RECALL

Rep. HERBKERSMAN asked unanimous consent to recall S. 392 (Word version) from the Committee on Judiciary.
Rep. OTT objected.

OBJECTION TO RECALL

Rep. DAVENPORT asked unanimous consent to recall H. 4117 (Word version) from the Committee on Ways and Means.
Rep. RUTHERFORD objected.

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall S. 43 (Word version) from the Committee on Judiciary.
Rep. RUTHERFORD objected.

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall S. 274 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall S. 94 (Word version) from the Committee on Judiciary.
Rep. WEEKS objected.

OBJECTION TO RECALL

Rep. MCLEOD asked unanimous consent to recall H. 4162 (Word version) from the Committee on Education and Public Works.
Rep. SIMRILL objected.


Printed Page 3724 . . . . . Wednesday, May 30, 2007

OBJECTION TO RECALL

Rep. OWENS asked unanimous consent to recall S. 726 (Word version) from the Committee on Education and Public Works.
Rep. COBB-HUNTER objected.

OBJECTION TO RECALL

Rep. DUNCAN asked unanimous consent to recall H. 3261 (Word version) from the Committee on Ways and Means.
Rep. HAYES objected.

R. 53, S. 277--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R53) S. 277 (Word version) -- Senator Verdin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKER 11 AND ITS CONFLUENCE WITH INTERSTATE HIGHWAY 26, AND ADJACENT TO INTERSTATE HIGHWAY 26 FROM ITS CONFLUENCE WITH INTERSTATE HIGHWAY 385 TO THE NEWBERRY COUNTY LINE.

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 3; Nays 0

Those who voted in the affirmative are:

Duncan                 M. A. Pitts            Taylor

Total--3

Those who voted in the negative are:

Total--0

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


Printed Page 3725 . . . . . Wednesday, May 30, 2007

H. 3783--DEBATE ADJOURNED

The Senate Amendments to the following Bill were taken up for consideration:

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.

Rep. LIMEHOUSE explained the Senate Amendments.

Rep. LIMEHOUSE moved to adjourn debate upon the Senate Amendments until Thursday, May 31, which was agreed to.

H. 3034--DEBATE ADJOURNED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3034 (Word version) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick, Bowers, Whipper, Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION TO BUILDINGS CONSTRUCTED ON STATE PROPERTY WITH CONSTRUCTION BUDGETS OF MORE THAN FIFTEEN MILLION DOLLARS AND TO PROVIDE EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.

Rep. CATO moved to adjourn debate upon the Senate Amendments until Tuesday, June 5, which was agreed to.


Printed Page 3726 . . . . . Wednesday, May 30, 2007

H. 3135--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Joint Resolution were taken up for consideration:

H. 3135 (Word version) -- Reps. J. E. Smith, Funderburk and Cotty: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO DEVELOP A STATEWIDE COMPREHENSIVE SERVICE DELIVERY SYSTEM FOR PERSONS WITH EPILEPSY IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.

Rep. HARVIN explained the Senate Amendments.

The Senate Amendments were agreed to, and the Joint Resolution 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.

S. 787--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

S. 787 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2007, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 19, 2007 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2007, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON THURSDAY, JUNE 21, 2007, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Rep. W. D. SMITH moved to adjourn debate on the Concurrent Resolution, which was agreed to.


Printed Page 3727 . . . . . Wednesday, May 30, 2007

MOTION PERIOD

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

S. 99--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

S. 99 (Word version) -- Senators Sheheen, Malloy and Ford: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES, THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PREFERENCE PRIMARIES, TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES, AND TO ESTABLISH THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND TO ALLOW TAXPAYERS TO CONTRIBUTE TO THE COST OF CONDUCTING THE PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS; TO AMEND SECTION 7-11-25, RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES, SO AS TO DELETE THE REFERENCES TO PRESIDENTIAL PREFERENCE PRIMARIES; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS THAT MAY BE DESIGNATED ON TAX RETURNS, SO AS TO PROVIDE THAT CONTRIBUTIONS MAY BE MADE TO THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3373DW07), which was adopted:
Amend the bill, as and if amended, by striking Section 7-11-20(B), as contained in SECTION 1, beginning on page 2 and line 10, and inserting:
/ (B)(1)   A Except as provided in item (2), a certified political party wishing to hold a presidential preference primary election may do so in accordance with the provisions of this title and party rules. However,


Printed Page 3728 . . . . . Wednesday, May 30, 2007

notwithstanding any other provision of this title, the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements. If a party holds a presidential preference primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday.

(2)   For the 2008 election cycle, if the state committee of a certified political party which received at least five percent of the popular vote in South Carolina for the party's candidate for President of the United States in the last presidential election decides to hold a presidential preference primary election, the State Election Commission must conduct the presidential preference primary in accordance with the provisions of this title and party rules provided that a registered elector may cast a ballot in only one presidential preference primary. However, notwithstanding any other provision of this title; (a) the State Election Commission and the authorities responsible for conducting the elections in each county shall provide for cost-effective measures in conducting the presidential preference primaries including, but not limited to, combining polling places, while ensuring that voters have adequate notice and access to the polling places; and (b) the state committee of the party shall set the date and the filing requirements, including a certification fee. Political parties must verify the qualifications of candidates prior to certifying to the State Election Commission the names of candidates to be placed on primary ballots. The written certification required by this section must contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential preference primary for which he has filed. Political parties must not certify any candidate who does not or will not by the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the presidential preference primary for which candidate desires to file, and such candidate's name must not be placed on a primary ballot. Political parties may charge a certification fee to persons seeking to be candidates in the presidential preference primary for the political party. A filing fee not to exceed twenty thousand dollars, as determined by the State Election Commission, for each candidate certified by a political party must be transmitted by the respective political party to


Printed Page 3729 . . . . . Wednesday, May 30, 2007

the State Election Commission and must be used for conducting the presidential preference primaries.

(3)   The political party shall give written notice to the State Election Commission of the date set for the party's presidential preference primary no later than ninety days before the date of the primary.

(4)   Nothing in this section prevents a political party from conducting a presidential preference primary for the 2008 election cycle pursuant to the provisions of Section 7-11-25." /
Amend further, by striking Section 7-13-15, as contained in SECTION 2, beginning on page 3 and line 19, and inserting:
/ "Section 7-13-15.   (A)   Except for municipal primaries, all primaries for national offices, excluding the Office of President and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year. Except as provided in subsection (B) or unless otherwise specifically provided for by statute or ordinance, the following primaries must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year:

(1)   primaries for national offices, excluding the presidential preference primaries for the Office of President of the United States, which are provided for in Section 7-11-20(B); and

(2)   primaries for:

(a)   state offices;

(b)   offices including more than one county;

(c)   countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees;

(d)   special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices; and

(e)   municipal offices.

(B)   This section does not apply to presidential preference primary elections for the Office of President of the United States, which are provided for in Section 7-11-20(B)." /


Printed Page 3730 . . . . . Wednesday, May 30, 2007

Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION __.   Chapter 9, Title 7 of the 1976 Code is amended by adding:

"Section 7-9-110.   A political party or the State Election Commission may conduct a primary or election, without charge, in any facility that receives state funds for support or operation. The use of the facility, pursuant to the provisions of this section, is subject to the availability of the facility as determined by the facility's governing entity." /
Renumber sections to conform.
Amend title to conform.

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

Reps. G. R. SMITH, G. M. SMITH, CLEMMONS, MERRILL, HINSON and DUNCAN proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18871SSP07), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Article 2
Uniform Election Procedure Act

Section 7-13-210.   (A)   For purposes of this article, 'governing body' means the governing body of a municipality, school board, school district, special purpose district, or public service district, which include, but are not limited to, water, sewer, fire, recreation, soil conservation, and other similar district offices.

(B)   Notwithstanding any other provision of law or special act providing for the election of the members of a governing body, beginning at the time of the general election of 2008 and every year thereafter as appropriate, members of a governing body must be elected in elections to be conducted at the same time as the general election as follows:

(1)   If the term for which a current member of a governing body expires in an even-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article at the general election.


Printed Page 3731 . . . . . Wednesday, May 30, 2007

(2)   If the term for which a current member of a governing body expires in an odd-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article at the general election.

(C)   Notwithstanding another provision of law, any referendum to authorize the issuance of bonds must be held at the time of a general election.

Section 7-13-220.   If a member of a governing body is currently elected at the time of the general election, the provisions of this article control the election of that member.

Section 7-13-230.   A member of a governing body currently elected in a nonpartisan election as provided by law shall continue to be elected in that manner except that the date of the nonpartisan election must be at the same time in the appropriate even-numbered year as provided in Section 7-3-210(B).

Section 7-13-240.   The terms for a member elected to a governing body are as now provided by law for that governing body.

Section 7-13-250.   Candidates for these offices, which are filled in nonpartisan elections on the effective date of this article, must be nominated by the method provided by law for the office affected with the appropriate authority conducting the election.

Section 7-13-260.   The elections provided for in this article including, but not limited to, all dates and times for the conduct of elections currently provided for in the general election in Title 7 apply to and also must be used for the election conducted at the time of the general election and must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section. The cost of the election must be borne by the governing body elected at the times specified in this article on a pro rata basis determined by the entity charged by law with conducting the election.

Section 7-13-270.   Members of a governing body shall continue to be elected from the district at large, from specified election districts, or in such other manner as is now provided by law for that governing body.

Section 7-13-280.   Vacancies in these offices must be filled as provided by law.

Section 7-13-290.   The results of these elections must be determined in the manner provided by law for that governing body."/
Renumber sections to conform.
Amend title to conform.


Printed Page 3732 . . . . . Wednesday, May 30, 2007

Rep. G. R. SMITH explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. G. R. SMITH continued speaking.

POINT OF ORDER

Rep. J. H. NEAL raised the Point of Order that Amendment No. 2 was out of order in that is was not germane to the Bill in that the Bill dealt with presidential primaries while the Amendment deals with general election dates and local elections being held on general election dates.
SPEAKER PRO TEMPORE W. D. SMITH stated that a previously adopted Amendment No. 1 dealt with general elections and primaries. Consequently Amendment No. 2 was germane to the Bill as previously amended by Amendment No. 1. He therefore overruled the Point of Order.

Rep. G. R. SMITH continued speaking.
Rep. G. R. SMITH spoke in favor of the amendment.
Rep. GULLICK spoke against the amendment.

SPEAKER IN CHAIR

Rep. MCLEOD spoke in favor of the amendment.
Rep. CLEMMONS spoke in favor of the amendment.
Rep. OTT spoke against the amendment.

Rep. PERRY moved to table the amendment.

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

Yeas 54; Nays 62

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Battle                 Branham                Brantley
Breeland               R. Brown               Clyburn
Cobb-Hunter            Dantzler               Frye
Funderburk             Gambrell               Govan
Gullick                Hardwick               Hart

Printed Page 3733 . . . . . Wednesday, May 30, 2007

Harvin                 Hayes                  Hiott
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kennedy
Kirsh                  Knight                 Littlejohn
Mack                   McLeod                 Miller
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Ott                    Parks
Perry                  Pinson                 Rutherford
Sandifer               Scarborough            Scott
Sellers                Skelton                D. C. Smith
Stavrinakis            Taylor                 Vick
Weeks                  Whitmire               Williams

Total--54

Those who voted in the negative are:

Allen                  Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Bowers
Brady                  G. Brown               Cato
Ceips                  Chalk                  Chellis
Clemmons               Cooper                 Cotty
Crawford               Davenport              Delleney
Duncan                 Edge                   Haley
Hamilton               Harrell                Harrison
Herbkersman            Hinson                 Huggins
Kelly                  Leach                  Limehouse
Loftis                 Lowe                   Lucas
Mahaffey               Merrill                Mitchell
Neilson                Owens                  E. H. Pitts
M. A. Pitts            Rice                   Shoopman
Simrill                F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Thompson
Toole                  Umphlett               Viers
Walker                 Whipper                White
Witherspoon            Young

Total--62

So, the House refused to table the amendment.


Printed Page 3734 . . . . . Wednesday, May 30, 2007

Rep. OTT spoke against the amendment.
Rep. STAVRINAKIS spoke against the amendment.
Rep. SKELTON spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 54; Nays 61

Those who voted in the affirmative are:

Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bowen
Brady                  Cato                   Ceips
Chalk                  Chellis                Clemmons
Cooper                 Crawford               Davenport
Delleney               Duncan                 Edge
Gambrell               Haley                  Hamilton
Harrell                Harrison               Herbkersman
Hinson                 Huggins                Kelly
Leach                  Limehouse              Loftis
Lowe                   Merrill                Mulvaney
Owens                  E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Shoopman               Simrill
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Toole                  Viers                  Walker
White                  Witherspoon            Young

Total--54

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Battle                 Bingham
Bowers                 Branham                Brantley
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Cotty
Dantzler               Frye                   Funderburk
Govan                  Gullick                Hardwick
Hart                   Harvin                 Hayes

Printed Page 3735 . . . . . Wednesday, May 30, 2007

Hiott                  Hodges                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Kirsh                  Knight
Littlejohn             Lucas                  Mack
Mahaffey               McLeod                 Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  Pinson
Rutherford             Sellers                Skelton
D. C. Smith            Spires                 Stavrinakis
Taylor                 Thompson               Vick
Weeks                  Whipper                Whitmire
Williams

Total--61

So, the amendment was rejected.

Rep. MILLER proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11731SP07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Section 5-15-100 of the 1976 Code is amended by adding a new paragraph to read:

"Municipal Election Commissioners must be certified as required for the authority charged by law with conducting elections in each county." /
Renumber sections to conform.
Amend title to conform.

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

Rep. RUTHERFORD proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\11732AB07), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Article 7, Chapter 3, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-715.   Notwithstanding another provision of law, a student enrolled in institution of higher education in this State may vote


Printed Page 3736 . . . . . Wednesday, May 30, 2007

in the precinct in which the institution that he attends is located, provided he is registered as a voter in that precinct and presents a college identification card and a state or federally issued identification card."/
Renumber sections to conform.
Amend title to conform.

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

Rep. LOFTIS moved to table the amendment.

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

Yeas 71; Nays 43

Those who voted in the affirmative are:

Agnew                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Bowers                 Brady
Cato                   Ceips                  Chalk
Chellis                Clemmons               Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Herbkersman
Hinson                 Hiott                  Huggins
Kelly                  Kirsh                  Leach
Limehouse              Loftis                 Lowe
Lucas                  Mahaffey               Merrill
Moss                   Mulvaney               Owens
Perry                  Pinson                 M. A. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers

Printed Page 3737 . . . . . Wednesday, May 30, 2007

Walker                 White                  Whitmire
Witherspoon            Young

Total--71

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Battle
Branham                Brantley               Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Funderburk             Govan
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kennedy
Knight                 Mack                   McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  E. H. Pitts            Rutherford
Scott                  Sellers                Stavrinakis
Vick                   Weeks                  Whipper
Williams

Total--43

So, the amendment was tabled.

Rep. G. R. SMITH moved that the House recede until 2:30 p.m., which was agreed to by a division vote of 56 to 50.

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.

THE HOUSE RESUMES

At 2:30 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER SELLERS IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.


Printed Page 3738 . . . . . Wednesday, May 30, 2007

SPEAKER PRO TEMPORE IN CHAIR

S. 99--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments:

S. 99 (Word version) -- Senators Sheheen, Malloy and Ford: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES, THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PREFERENCE PRIMARIES, TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES, AND TO ESTABLISH THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND TO ALLOW TAXPAYERS TO CONTRIBUTE TO THE COST OF CONDUCTING THE PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS; TO AMEND SECTION 7-11-25, RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES, SO AS TO DELETE THE REFERENCES TO PRESIDENTIAL PREFERENCE PRIMARIES; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS THAT MAY BE DESIGNATED ON TAX RETURNS, SO AS TO PROVIDE THAT CONTRIBUTIONS MAY BE MADE TO THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND.

Rep. SCOTT proposed the following Amendment No. 5 (Doc Name COUNCIL\MS\7366SSP07), which was tabled:
Amend the bill, as and if amended, by an appropriately numbered SECTION to read:
/ SECTION   ___.   Section 53-5-10, as last amended by Act 246 of 2000, is further amended to read:

"Section 53-5-10.     (A)   The first day of January--New Year's Day, the third Monday of January--Martin Luther King, Jr. Day, the third Monday in February--George Washington's birthday/President's


Printed Page 3739 . . . . . Wednesday, May 30, 2007

Day, the tenth day of May--Confederate Memorial Day, the last Monday of May--National Memorial Day, the fourth day of July--Independence Day, the first Monday in September--Labor Day, the eleventh day of November--Veterans Day, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.

(B)   The holiday schedules of public colleges and universities, including technical colleges, shall may not be in violation of this section so long as the number of holidays provided for in this section are not exceeded.

(C)   General election day is a legal holiday in addition to the holidays provided in subsection (A) of this section." /
Renumber sections to conform.
Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. M. A. PITTS moved to table the amendment.

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

Yeas 65; Nays 25

Those who voted in the affirmative are:

Agnew                  Ballentine             Barfield
Bedingfield            Bowen                  Brady
Ceips                  Chalk                  Clemmons
Cooper                 Cotty                  Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Gullick
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Hiott                  Kelly
Kirsh                  Leach                  Littlejohn
Lowe                   Mahaffey               McLeod
Merrill                Moss                   Mulvaney
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                Skelton                D. C. Smith

Printed Page 3740 . . . . . Wednesday, May 30, 2007

G. R. Smith            J. R. Smith            Spires
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 Weeks                  White
Whitmire               Young

Total--65

Those who voted in the negative are:

Alexander              Anderson               Anthony
Bales                  Bowers                 Brantley
Breeland               G. Brown               Clyburn
Govan                  Hart                   Harvin
Hayes                  Hodges                 Hosey
Kennedy                Knight                 J. H. Neal
Parks                  Scott                  Sellers
F. N. Smith            Vick                   Whipper
Williams

Total--25

So, the amendment was tabled.

Rep. MULVANEY proposed the following Amendment No. 6 (Doc Name COUNCIL\MS\7369AB07), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/   SECTION   ___.   Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:
/ "Section 7-13-65.   It is unlawful for the State Election Commission or another entity legally authorized with conducting an election in this State to provide a person who votes in an election in this State with any indicia that indicates that the person has voted in an election." /
Renumber sections to conform.
Amend title to conform.

Rep. MULVANEY explained the amendment.

Rep. MCLEOD moved to table the amendment.


Printed Page 3741 . . . . . Wednesday, May 30, 2007

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

Yeas 51; Nays 47

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Battle
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cotty
Davenport              Funderburk             Gambrell
Govan                  Hart                   Hiott
Hodges                 Hosey                  Jefferson
Kelly                  Kennedy                Kirsh
Knight                 Littlejohn             Lucas
McLeod                 Miller                 Mitchell
J. H. Neal             Parks                  Perry
Rutherford             Sandifer               Scott
Sellers                Skelton                F. N. Smith
Stavrinakis            Thompson               Vick
Walker                 Weeks                  Whipper
White                  Whitmire               Williams

Total--51

Those who voted in the negative are:

Ballentine             Barfield               Bedingfield
Bowen                  Cato                   Ceips
Chalk                  Chellis                Clemmons
Cooper                 Crawford               Dantzler
Delleney               Duncan                 Edge
Frye                   Gullick                Haley
Hamilton               Hardwick               Harrell
Harvin                 Hinson                 Leach
Limehouse              Loftis                 Lowe
Mahaffey               Merrill                Mulvaney
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Scarborough            Shoopman
Simrill                G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Talley

Printed Page 3742 . . . . . Wednesday, May 30, 2007

Taylor                 Toole                  Umphlett
Viers                  Young

Total--47

So, the amendment was tabled.

AMENDMENT NO. 2--MOTION TO RECONSIDER REJECTED

Rep. MAHAFFEY moved to reconsider the vote whereby Amendment No. 2 was rejected.

Rep. OTT moved to table the motion to reconsider.

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

Yeas 53; Nays 57

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Battle
Bowers                 Branham                Brantley
Breeland               G. Brown               R. Brown
Clyburn                Cotty                  Dantzler
Funderburk             Govan                  Gullick
Hart                   Harvin                 Hayes
Hiott                  Hodges                 Hosey
Howard                 Jefferson              Kennedy
Kirsh                  Knight                 McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Ott
Parks                  Perry                  Pinson
Rutherford             Sandifer               Sellers
Skelton                D. C. Smith            F. N. Smith
Stavrinakis            Taylor                 Thompson
Vick                   Weeks                  Whipper
Whitmire               Williams

Total--53


Printed Page 3743 . . . . . Wednesday, May 30, 2007

Those who voted in the negative are:
Ballentine             Bannister              Barfield
Bedingfield            Bowen                  Brady
Cato                   Ceips                  Chalk
Chellis                Clemmons               Cooper
Crawford               Davenport              Delleney
Duncan                 Edge                   Frye
Gambrell               Haley                  Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Kelly
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mahaffey               Merrill                Mulvaney
Owens                  E. H. Pitts            M. A. Pitts
Rice                   Scarborough            Scott
Shoopman               Simrill                G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Talley                 Toole
Umphlett               Viers                  Walker
White                  Witherspoon            Young

Total--57

So, the House refused to table the motion to reconsider.

Rep. OTT spoke against the motion to reconsider.
Rep. SCOTT spoke in favor of the motion to reconsider.
Rep. SKELTON spoke against the motion to reconsider.
Rep. D. C. SMITH spoke against the motion to reconsider.
Rep. MERRILL spoke in favor of the motion to reconsider.
Rep. G. R. SMITH spoke in favor of the motion to reconsider.
Rep. PERRY spoke against the motion to reconsider.

The question then recurred to the motion to reconsider.

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

Yeas 49; Nays 63


Printed Page 3744 . . . . . Wednesday, May 30, 2007

Those who voted in the affirmative are:
Ballentine             Bannister              Bedingfield
Bowen                  Brady                  Cato
Ceips                  Chalk                  Chellis
Clemmons               Cooper                 Crawford
Davenport              Delleney               Duncan
Haley                  Hamilton               Harrison
Herbkersman            Hinson                 Huggins
Kelly                  Leach                  Limehouse
Loftis                 Lowe                   Mahaffey
Merrill                Mulvaney               Owens
E. H. Pitts            M. A. Pitts            Rice
Scarborough            Shoopman               Simrill
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Talley
Toole                  Umphlett               Viers
Walker                 White                  Witherspoon
Young

Total--49

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Battle
Bingham                Bowers                 Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Cotty                  Dantzler               Edge
Frye                   Funderburk             Gambrell
Govan                  Gullick                Hart
Harvin                 Hayes                  Hiott
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kennedy
Kirsh                  Knight                 Lucas
Mack                   McLeod                 Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  Pinson
Rutherford             Sandifer               Scott
Sellers                Skelton                D. C. Smith
F. N. Smith            Stavrinakis            Taylor

Printed Page 3745 . . . . . Wednesday, May 30, 2007

Thompson               Vick                   Weeks
Whipper                Whitmire               Williams

Total--63

So, the motion to reconsider was rejected.

AMENDMENT NO. 6--RECONSIDERED AND TABLED

Rep. DAVENPORT moved to reconsider the vote whereby Amendment No. 6 was tabled.

Rep. SCOTT moved to table the motion to reconsider.

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

Yeas 56; Nays 57

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Battle
Bingham                Bowers                 Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Dantzler               Edge                   Funderburk
Govan                  Hart                   Harvin
Hayes                  Hiott                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Kirsh
Knight                 Mack                   McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Rutherford             Sandifer
Scott                  Sellers                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
Stavrinakis            Vick                   Whipper
Whitmire               Williams

Total--56


Printed Page 3746 . . . . . Wednesday, May 30, 2007

Those who voted in the negative are:
Ballentine             Bannister              Barfield
Bedingfield            Bowen                  Brady
Cato                   Ceips                  Chalk
Chellis                Clemmons               Cooper
Cotty                  Crawford               Davenport
Delleney               Duncan                 Frye
Gambrell               Haley                  Hamilton
Hardwick               Harrison               Herbkersman
Hinson                 Huggins                Kelly
Leach                  Limehouse              Loftis
Lowe                   Lucas                  Mahaffey
Merrill                Mulvaney               Pinson
E. H. Pitts            M. A. Pitts            Rice
Scarborough            Shoopman               Simrill
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Talley                 Taylor
Thompson               Toole                  Umphlett
Viers                  Walker                 Weeks
White                  Witherspoon            Young

Total--57

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

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

Yeas 59; Nays 55

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bowen                  Brady
Cato                   Ceips                  Chalk
Chellis                Clemmons               Cooper
Cotty                  Crawford               Davenport
Delleney               Duncan                 Edge
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Herbkersman            Hinson

Printed Page 3747 . . . . . Wednesday, May 30, 2007

Huggins                Kelly                  Leach
Limehouse              Loftis                 Lowe
Lucas                  Mahaffey               Merrill
Mulvaney               Owens                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Scarborough            Shoopman               Simrill
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  White
Witherspoon            Young

Total--59

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Battle
Bingham                Bowers                 Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Dantzler               Frye                   Funderburk
Govan                  Hart                   Harvin
Hayes                  Hiott                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Kirsh
Knight                 Mack                   McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Perry
Rutherford             Sandifer               Scott
Sellers                Skelton                D. C. Smith
F. N. Smith            Stavrinakis            Vick
Weeks                  Whipper                Whitmire
Williams

Total--55

So, the motion to reconsider was agreed to.

Rep. MULVANEY proposed the following Amendment No. 6 (Doc Name COUNCIL\MS\7369AB07), which was tabled:


Printed Page 3748 . . . . . Wednesday, May 30, 2007

Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/   SECTION   ___.   Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-65.   It is unlawful for the State Election Commission or another entity legally authorized with conducting an election in this State to provide a person who votes in an election in this State with any indicia that indicates that the person has voted in an election." /
Renumber sections to conform.
Amend title to conform.

Rep. PERRY spoke against the amendment.
Rep. MULVANEY spoke in favor of the amendment.
Rep. J. H. NEAL spoke against the amendment.

Rep. SCOTT moved to table the amendment.

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

Yeas 85; Nays 19

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Bannister
Battle                 Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Ceips                  Chalk
Clyburn                Cobb-Hunter            Cotty
Dantzler               Delleney               Edge
Frye                   Funderburk             Gambrell
Govan                  Hardwick               Harrison
Hart                   Hayes                  Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Limehouse              Lucas
Mack                   Mahaffey               McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Perry

Printed Page 3749 . . . . . Wednesday, May 30, 2007

Pinson                 E. H. Pitts            Rice
Rutherford             Sandifer               Scarborough
Scott                  Sellers                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Taylor
Thompson               Umphlett               Vick
Walker                 Weeks                  Whipper
White                  Whitmire               Williams
Witherspoon

Total--85

Those who voted in the negative are:

Ballentine             Bedingfield            Cato
Chellis                Clemmons               Crawford
Davenport              Duncan                 Hamilton
Leach                  Loftis                 Lowe
Merrill                Mulvaney               M. A. Pitts
Shoopman               G. R. Smith            Viers
Young

Total--19

So, the amendment was tabled.

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

Yeas 91; Nays 20

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Cato                   Chalk                  Chellis
Clemmons               Clyburn                Cobb-Hunter
Cotty                  Crawford               Delleney
Edge                   Funderburk             Govan

Printed Page 3750 . . . . . Wednesday, May 30, 2007

Haley                  Hardwick               Harrison
Hart                   Haskins                Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Limehouse              Lowe                   Lucas
Mack                   Mahaffey               McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
E. H. Pitts            Rice                   Rutherford
Sandifer               Scarborough            Scott
Sellers                Simrill                Skelton
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Talley                 Thompson
Toole                  Vick                   Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Williams
Witherspoon

Total--91

Those who voted in the negative are:

Bedingfield            Ceips                  Dantzler
Davenport              Duncan                 Frye
Gambrell               Hamilton               Hinson
Leach                  Merrill                Mulvaney
Perry                  Pinson                 M. A. Pitts
Shoopman               D. C. Smith            Stewart
Taylor                 Umphlett

Total--20

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

Rep. JENNINGS moved that the House do now adjourn.


Printed Page 3751 . . . . . Wednesday, May 30, 2007

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

Yeas 40; Nays 64

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Bales                  Bannister              Battle
Bowers                 Brantley               Breeland
G. Brown               Cobb-Hunter            Dantzler
Funderburk             Govan                  Gullick
Hamilton               Hart                   Hayes
Hosey                  Howard                 Jefferson
Jennings               Kirsh                  Knight
Mack                   McLeod                 Miller
Mitchell               J. H. Neal             J. M. Neal
Ott                    Rutherford             Scott
Sellers                Spires                 Stewart
Vick                   Weeks                  Whipper
Williams

Total--40

Those who voted in the negative are:

Agnew                  Ballentine             Barfield
Bedingfield            Bingham                Bowen
Brady                  Branham                Cato
Ceips                  Chalk                  Chellis
Clemmons               Cotty                  Crawford
Davenport              Delleney               Duncan
Edge                   Frye                   Gambrell
Haley                  Hardwick               Herbkersman
Hinson                 Hiott                  Huggins
Kelly                  Kennedy                Leach
Limehouse              Loftis                 Lowe
Lucas                  Mahaffey               Merrill
Moss                   Mulvaney               Neilson
Owens                  Perry                  Pinson
M. A. Pitts            Rice                   Sandifer
Scarborough            Shoopman               Simrill
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stavrinakis

Printed Page 3752 . . . . . Wednesday, May 30, 2007

Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
White                  Whitmire               Witherspoon
Young

Total--64

So, the House refused to adjourn.

H. 3964--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3964 (Word version) -- Reps. Duncan, Loftis, G. R. Smith, Hinson, Crawford, Lowe, Bedingfield, Barfield, Chellis, Clemmons, Delleney, Hardwick, Hiott, Merrill, Scarborough, Witherspoon, Rice, Owens, M. A. Pitts, Mahaffey, Littlejohn and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-250 SO AS TO PROVIDE THAT A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT MAY CARRY A CONCEALABLE WEAPON ON HIS PERSON WHILE ON THE PREMISES OR PROPERTY OF A PUBLIC EDUCATIONAL INSTITUTION; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE RESTRICTIONS PLACED UPON CARRYING A CONCEALABLE WEAPON INTO A SCHOOL OR COLLEGE EVENT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7343AHB07):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:

"Section 23-31-245.   Notwithstanding another provision of law, if a person is involuntarily committed to the Department of Mental Health pursuant to Chapter 17 of Title 44, documents concerning the involuntary commitment filed with a department or division of the State, must be transmitted to the State Law Enforcement Division (SLED) to be utilized by SLED when determining, pursuant to federal law or another provision of law, whether a person is qualified to obtain a concealable weapons permit."


Printed Page 3753 . . . . . Wednesday, May 30, 2007

SECTION   2.   Section 23-31-215(M) of the 1976 Code is amended to read:

"(M)   A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:

(1)   police, sheriff, or highway patrol station or any other law enforcement office or facility;

(2)   detention facility, prison, or jail or any other correctional facility or office;

(3)   courthouse or courtroom;

(4)   polling place on election days;

(5)   office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;

(6)   school or college athletic event not related to firearms;

(7)   daycare facility or pre-school facility;

(8)   place where the carrying of firearms is prohibited by federal law;

(9)   church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or

(10)   hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed, unless expressly authorized by the employer.

A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

Nothing contained herein in this section may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145."
SECTION   3.   Section 16-23-20(9) of the 1976 Code, as last amended by Act 28 of 2007, is further amended to read:

"(9)   a person in a vehicle if the handgun is:

(a)   secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle, or under a seat; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance; or


Printed Page 3754 . . . . . Wednesday, May 30, 2007

(b)   concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;"
SECTION   4.   Section 16-23-420(A) of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:

"(A)   It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly-owned building, without the express permission of the authorities in charge of the premises or property; however, a person with a valid concealed weapons permit issued by this State or another state may carry a handgun pursuant to the provisions of Section 16-23-20(9)."
SECTION   5.   Section 16-23-430(1) of the 1976 Code is amended to read:

"(1)   It shall be is unlawful for any a person, except state, county, or municipal law-enforcement law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death; however, a person with a valid concealed weapons permit issued by this State or another state may carry a handgun pursuant to the provisions of Section 16-23-20(9)."
SECTION   6.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   7.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. TALLEY explained the amendment.


Printed Page 3755 . . . . . Wednesday, May 30, 2007

Rep. TALLEY spoke in favor of the amendment.
Rep. HART spoke against the amendment.

Rep. SCOTT moved to table the Bill.

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

Yeas 26; Nays 70

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Bales                  Branham                Brantley
Breeland               G. Brown               R. Brown
Govan                  Hart                   Harvin
Hayes                  Hodges                 Hosey
Jefferson              Jennings               Kennedy
Mack                   J. M. Neal             Neilson
Parks                  Scott                  F. N. Smith
Whipper                Williams

Total--26

Those who voted in the negative are:

Agnew                  Ballentine             Barfield
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Ceips
Chalk                  Clemmons               Cotty
Crawford               Davenport              Delleney
Duncan                 Frye                   Funderburk
Gambrell               Gullick                Hardwick
Harrison               Haskins                Herbkersman
Hinson                 Hiott                  Huggins
Kelly                  Kirsh                  Knight
Leach                  Limehouse              Loftis
Lowe                   Lucas                  Mahaffey
Merrill                Moss                   Mulvaney
Ott                    Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith

Printed Page 3756 . . . . . Wednesday, May 30, 2007

G. R. Smith            J. R. Smith            W. D. Smith
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Vick
Viers                  Walker                 Weeks
White                  Whitmire               Witherspoon
Young

Total--70

So, the House refused to table the Bill.

Rep. DUNCAN spoke in favor of the amendment.
Rep. PINSON spoke in favor of the amendment.
Rep. SKELTON spoke upon the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. GOVAN spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. E. H. PITTS a leave of absence for the remainder of the day for National Guard Training.

Rep. GOVAN continued speaking.
Rep. JENNINGS spoke against the amendment.

SPEAKER IN CHAIR

Rep. JENNINGS spoke against the amendment.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4169 (Word version) -- Reps. Hart, 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,


Printed Page 3757 . . . . . Wednesday, May 30, 2007

Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, 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 COMMEND MRS. LINDA JONES SEAWRIGHT, MANAGER OF THE LIBRARY ANNEX OF THE UNIVERSITY OF SOUTH CAROLINA THOMAS COOPER LIBRARY, FOR HER OUTSTANDING SERVICE UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

H. 4170 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO HONOR AND COMMEND ONE OF SOUTH CAROLINA'S MOST GENEROUS VOLUNTEERS AND PHILANTHROPISTS, MRS. MARTHA CHAPMAN OF SPARTANBURG, FOR A LIFETIME OF COMPASSIONATE AND CARING SUPPORT OF SO MANY WORTHWHILE ENTITIES AND ENDEAVORS INCLUDING THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND AND WOFFORD COLLEGE, AND TO CONGRATULATE HER UPON HER RECEIPT OF THE DOUGLAS F. DENT DISTINGUISHED SERVICE AWARD FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND AND UPON THE OPENING EARLIER THIS YEAR OF THE MARTHA CLOUD CHAPMAN GALLERY AT WOFFORD COLLEGE.

ADJOURNMENT

At 5:35 p.m. the House, in accordance with the motion of Rep. GULLICK, adjourned in memory of Dina Marie DiGiorgio of Trenton, New Jersey, to meet at 10:00 a.m. tomorrow.

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