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


Printed Page 896 . . . . . Tuesday, February 13, 2007

Tuesday, February 13, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 44:1-3: "We have heard with our ears, O God; our fathers have told us what you did in their days, in the days long ago. With your hand you drove out the nations and planted our fathers; you crushed the peoples, and made our fathers flourish. It was not by the sword that they won the land, nor did their arm bring them victory; it was your right hand, your arm, and the light of your face, for you loved them."
Let us pray. You have been our guide and our light, O Lord, through all generations. Send Your guidance, Your courage, and Your integrity to abide with these Representatives and staff, that they may do the work of the people. Bless our Nation, President, State, Governor, Speaker and all who serve. Protect our defenders of freedom as they protect us. Lord, in Your mercy, hear our prayer. In the name of our Lord. Amen.

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

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

MOTION ADOPTED

Rep. HOSEY moved that when the House adjourns, it adjourn in memory of Army Chief Warrant Officer Jason Garth DeFrenn of Barnwell who was killed in Iraq, which was agreed to.

INVITATIONS

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

February 12, 2007
The Honorable Robert W. Leach, Sr.


Printed Page 897 . . . . . Tuesday, February 13, 2007

Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Electric Cooperatives of South Carolina, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Tuesday, February 20, 2007, from 6:00 p.m. until 8:00 p.m. at the Columbia Convention Center.

Sincerely,
Mike Couick

February 12, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of Prevent Child Abuse South Carolina, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 14, 2007, beginning at 12:00 noon at the Columbia Metropolitan Convention Center.

Sincerely,
Greta Thomas, Director
Public Relations

February 12, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of Prevent Child Abuse South Carolina, the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 14, 2007, beginning at 6:00 p.m. at the Columbia Metropolitan Convention Center.


Printed Page 898 . . . . . Tuesday, February 13, 2007

Sincerely,
Greta Thomas, Director
Public Relations

February 12, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Apartment Association, the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 21, 2007, from 12:00 noon until 2:00 p.m. in Room 208 of the Blatt Building.

Sincerely,
Keely Fagen
Executive Director

February 12, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Children's Advocacy Centers, the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 28, 2007, from 11:30 a.m. until 1:30 p.m. in Room 221 of the Blatt Building.

Sincerely,
Jane Bottsford

February 12, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 899 . . . . . Tuesday, February 13, 2007

Dear Chairman Leach:
On behalf of the South Carolina Endowed Chairs Review Board and New Carolina, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 22, 2007, from 8:00 a.m. until 10:00 a.m. in Room 208 of the Blatt Building.

Sincerely,
Trisha Ostrowski

Received as information.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 3100
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Manufactured Homes and Modular Homes
Received by Speaker of the House of Representatives
February 8, 2007
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 8, 2007

Document No. 3101
Agency: Department of Revenue
Statutory Authority: 1976 Code Sections 12-4-320 and 61-2-60
Requirements for Protesting Beer and Wine Permits or Alcoholic Liquor Licenses
Received by Speaker of the House of Representatives
February 8, 2007
Referred to Judiciary Committee
Legislative Review Expiration June 8, 2007

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 3080
Agency: Department of Labor, Licensing and Regulation - Board of Nursing
Statutory Authority: 1976 Code Sections 40-1-70, 40-33-10(E), and 40-33-10(I)
Nursing Programs


Printed Page 900 . . . . . Tuesday, February 13, 2007

Received by Speaker of the House of Representatives
January 9, 2007
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 9, 2007
Withdrawn and Resubmitted February 7, 2007

CONCURRENT RESOLUTION

The following was introduced:

H. 3491 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE TOWN OF LAKE VIEW ON THE OCCASION OF ITS CENTENNIAL CELEBRATION.

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

INTRODUCTION OF BILLS

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

H. 3492 (Word version) -- Rep. Anthony: A BILL TO REPEAL SECTION 12 OF ACT 79 OF 1955 AND SECTION 1 OF ACT 301 OF 1971, BOTH PREVIOUSLY CODIFIED AS PART OF SECTION 21-4172, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE OPERATION OF THE SCHOOL DISTRICT OF UNION COUNTY AND THE DETERMINATION OF THE RECOMMENDATIONS OF ITS BOARD OF TRUSTEES AND THE PROHIBITION OF CLOSING A HIGH SCHOOL IN UNION COUNTY WITHOUT A UNANIMOUS VOTE OF ITS TRUSTEES.
On motion of Rep. ANTHONY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3493 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1815 SO AS TO PROVIDE AN ADDITIONAL COST OF LIVING INCREASE EQUAL TO 1.4 PERCENT FOR SOUTH CAROLINA RETIREMENT SYSTEM RETIREMENT ALLOWANCES EFFECTIVE JULY 1, 2007, SO THAT THE TOTAL OF INCREASE FOR THESE ALLOWANCES EFFECTIVE JULY 1, 2007, EQUALS


Printed Page 901 . . . . . Tuesday, February 13, 2007

THE INCREASES IN THE CONSUMER PRICE INDEX AND TO PROVIDE FOR AN EMPLOYER CONTRIBUTION INCREASE NOT TO EXCEED ONE PERCENT TO FUND THIS COST OF LIVING INCREASE IF EARNING ON SYSTEM ASSETS WOULD NOT OTHERWISE ALLOW THE ADDITIONAL INCREASE.
Referred to Committee on Ways and Means

H. 3494 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-145 SO AS TO ALLOW A COUNTY AND MUNICIPALITY BY ORDINANCE TO IMPLEMENT A SENIOR CITIZEN PROPERTY TAX WORK-OFF PROGRAM ALLOWING PROPERTY TAXPAYERS ELIGIBLE FOR THE HOMESTEAD EXEMPTION TO WORK OFF THE COUNTY OR MUNICIPAL PORTION OF PROPERTY TAX ON THE TAXPAYER'S RESIDENCE.
Referred to Committee on Ways and Means

H. 3495 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTIONS 8-11-160 AND 8-11-165, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCY HEAD SALARY COMMISSION, SO AS TO INCLUDE TECHNICAL COLLEGE PRESIDENTS AS OFFICIALS TO WHICH THESE PROVISIONS APPLY.
Referred to Committee on Ways and Means

H. 3496 (Word version) -- Reps. G. M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G. R. Smith, F. N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D. C. Smith, J. R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS WITH REGARD TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERMS "OPERATOR", "MOTOR VEHICLE", AND "DRIVER"; TO


Printed Page 902 . . . . . Tuesday, February 13, 2007

AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR THE DENIAL OF THE ISSUANCE OF A LICENSE OR A PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", THE TERM "REASONABLE SUSPICION" FOR THE TERM "PROBABLE CAUSE TO BELIEVE", AND THE TERM "INFORMED" FOR THE TERM "NOTIFIED IN WRITING", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE PROVISION THAT REQUIRES THE RECORDING OF THE PERIOD PRIOR TO THE ADMINISTRATION OF A BREATH TEST, TO REVISE THE PERIOD OF TIME A PERSON'S PRIVILEGE TO DRIVE MUST BE SUSPENDED WHEN HE REFUSES TO SUBMIT TO A CHEMICAL TEST TO DETERMINE WHETHER HE WAS OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR SUBMITS TO THE TEST AND THE TEST RESULTS INDICATE CERTAIN LEVELS OF ALCOHOL CONCENTRATION, TO MAKE TECHNICAL CHANGES, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON BEFORE A BREATH TEST MAY BE ADMINISTERED, TO DELETE THE PROVISION THAT REQUIRES A PERSON'S PRIVILEGES TO OPERATE A VEHICLE BE REINSTATED WHEN THE DIVISION OF MOTOR VEHICLE HEARINGS DOES NOT ISSUE A WRITTEN ORDER OR FAILS TO NOTIFY A PERSON OF A NEW HEARING DATE, TO DELETE THE PROVISION THAT REQUIRES THE DIVISION OF MOTOR VEHICLE HEARINGS TO ISSUE ITS WRITTEN ORDERS WITHIN THIRTY DAYS AFTER THE CONCLUSION OF AN ADMINISTRATIVE HEARING, AND TO REVISE THE DEFINITION OF THE TERM "INFORMED"; TO AMEND SECTION 56-1-748, RELATING TO PERSONS WHO ARE INELIGIBLE TO RECEIVE A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A RESTRICTED LICENSE PURSUANT TO SECTION 56-5-2951 MAY NOT OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THIS PROVISION, AND TO SUBSTITUTE THE TERM "RESTRICTED DRIVER'S LICENSE" FOR THE TERM "SPECIAL RESTRICTED DRIVER'S LICENSE"; TO AMEND

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SECTION 56-5-2930, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF A MOTOR VEHICLE BY A PERSON UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATE A MOTOR VEHICLE" FOR THE TERM "DRIVE A MOTOR VEHICLE", TO PROVIDE FOR THE PROSECUTION OF AND PENALTIES FOR PERSONS CONVICTED OF DRIVING WHILE IMPAIRED AT VARIOUS LEVELS OF ILLEGAL ALCOHOL CONCENTRATIONS; TO AMEND SECTION 56-5-2934, RELATING TO THE RIGHT TO COMPULSORY PROCESS, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE DEFINITION OF THE TERM "DOCUMENTS", AND TO DELETE CERTAIN DUTIES THAT A LAW ENFORCEMENT OFFICER MUST PERFORM WHEN HE ARRESTS A PERSON FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST DETERMINE THE VEHICLES THAT MUST BE IMMOBILIZED INSTEAD OF THE COURT, TO MAKE TECHNICAL CHANGES, TO DELETE THE OFFENSE OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED OR REGISTERED TO A PERSON, TO INCREASE THE FEE FOR REREGISTERING AN IMMOBILIZED MOTOR VEHICLE, AND TO PROVIDE A DEFINITION FOR THE TERM "PRIOR OFFENSE"; TO AMEND SECTION 56-5-2945, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO SUBSTITUTE THE TERM "OPERATING A MOTOR VEHICLE" FOR THE TERM "DRIVING A MOTOR VEHICLE", TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON CONVICTED UNDER THIS PROVISION IS GUILTY OF THE OFFENSE OF DRIVING WHILE IMPAIRED; TO AMEND SECTION 56-5-2950, RELATING TO A DRIVER'S IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO MAKE TECHNICAL CHANGES, TO DELETE THE

Printed Page 904 . . . . . Tuesday, February 13, 2007

PROVISION THAT PROHIBITS AN OFFICER FROM REQUIRING ADDITIONAL BREATH TESTS AND THE PROVISION THAT ALLOWS AN OFFICER TO ADMINISTER A BREATH TEST IF THE ARRESTEE'S CONDUCT DURING THE PRETEST PERIOD IS VIDEOTAPED, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON WHO IS SCHEDULED TO UNDERGO A BREATH TEST, TO PROVIDE THAT EVIDENCE REGARDING THE QUALIFICATION OF A PERSON WHO WITHDRAWS A BLOOD SAMPLE MAY BE PROVIDED AT TRAIL BY TESTIMONY OF THE OFFICER WHO HAS CHARGED A DEFENDANT OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO DELETE A REFERENCE TO SECTION 56-5-2933, TO SUBSTITUTE THE TERM "IMPAIRED BY ALCOHOL" FOR THE TERM "UNDER THE INFLUENCE OF ALCOHOL", AND TO REVISE THE PROCEDURE FOR THE EXCLUSION FROM EVIDENCE OF TEST RESULTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT CONTAINS THE DUTIES OF THE DIVISION OF MOTOR VEHICLE HEARINGS WHEN IT FAILS TO HOLD CERTAIN HEARINGS WITHIN A THIRTY-FIVE DAY PERIOD, TO SUBSTITUTE THE TERM "INFORMED" FOR THE TERM "ADVISED IN WRITING", TO DELETE THE PROVISION THAT PROVIDES A DEADLINE FOR THE ISSUANCE OF AN ORDER BY THE DIVISION OF MOTOR VEHICLE HEARINGS, TO DELETE THE PROVISION THAT RESTRICTS THE CLASS OF PERSON WHOSE PRIVILEGE TO OPERATE A MOTOR VEHICLE MUST BE DENIED FOR REFUSING TO SUBMIT TO A BREATH TEST OR DRIVING WITH AN ILLEGAL ALCOHOL CONCENTRATION, TO INCREASE THE PERIOD OF TIME THE PERSON'S PRIVILEGE IS DENIED, AND TO REVISE THE LEVEL OF ALCOHOL CONCENTRATION WHICH IS CONSIDERED ILLEGAL; TO AMEND SECTION 56-5-2953, RELATING TO VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AT THE INCIDENT SITE AND THE BREATH TESTING SITE , SO AS TO DELETE A REFERENCE TO

Printed Page 905 . . . . . Tuesday, February 13, 2007

SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT PROVIDES WHEN THE VIDEO RECORDINGS MUST END AND BE COMPLETED, AND TO REVISE THE SUBJECT MATTER THAT MUST BE CONTAINED IN THE RECORDINGS; TO AMEND SECTION 56-5-2954, RELATING TO BREATH TESTING SITES, SO AS TO PROVIDE WHEN THE PROVISIONS OF THIS SECTION ARE SATISFIED, AND TO PROVIDE WHEN CERTAIN MOTIONS RELATING TO MATTERS CONTAINED UNDER ARTICLE 23, CHAPTER 5, TITLE 56 MUST BE MADE; AND TO REPEAL SECTIONS 56-5-2933, 56-5-2940, AND 56-5-3000 RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, AND THE PUBLICATION OF THE NAMES OF DRIVER'S WHOSE LICENSES HAVE BEEN SUSPENDED.
Referred to Committee on Judiciary

H. 3499 (Word version) -- Reps. Cato, Sandifer, Scott, Agnew, Alexander, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowers, Branham, Brantley, G. Brown, Chalk, Chellis, Clemmons, Clyburn, Cooper, Cotty, Dantzler, Davenport, Duncan, Gambrell, Gullick, Hardwick, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hosey, Jennings, Leach, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, Moss, J. M. Neal, Neilson, Ott, Parks, Perry, Pinson, M. A. Pitts, E. H. Pitts, Rutherford, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Spires, Stewart, Talley, Taylor, Umphlett, Vick, Viers, Weeks, White, Whitmire, Williams and Witherspoon: A BILL TO AMEND CHAPTER 33 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 RELATING TO ELECTRICAL UTILITY FACILITY SITING AND ENVIRONMENTAL PROTECTION SO AS TO REVISE PROCEDURES FOR APPROVING COSTS ASSOCIATED WITH THE ADDITION OF BASE LOAD GENERATION PLANTS AND TO PROTECT SOUTH CAROLINA RATEPAYERS BY ENHANCING THE CERTAINTY OF INVESTMENTS IN THE INFRASTRUCTURE OF ELECTRIC UTILITIES IN THIS STATE; TO AMEND SECTION 58-27-610, RELATING TO DEFINITIONS IN REGARD TO SERVICE RIGHTS OF ELECTIVE SUPPLIERS, SO AS TO ADD A DEFINITION OF "CORRIDOR RIGHTS"; TO AMEND SECTION 58-27-620, RELATING TO SERVICE RIGHTS


Printed Page 906 . . . . . Tuesday, February 13, 2007

OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO FURTHER PROVIDE FOR THESE RIGHTS AND RESTRICTIONS AND A REVISION OF CERTAIN TERRITORIAL ASSIGNMENTS; TO AMEND SECTION 58-27-660, AS AMENDED, RELATING TO THE FURNISHING OF ELECTRIC SERVICE IN AREAS SERVED BY ANOTHER SUPPLIER, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE PUBLIC SERVICE COMMISSION MAY ORDER AN ELECTRIC SUPPLIER TO FURNISH ELECTRIC SERVICE; TO AMEND SECTION 58-27-865, AS AMENDED, RELATING TO FUEL COSTS FOR PRODUCING ELECTRIC POWER AND THE RECOVERY OF THESE COSTS, SO AS TO INCLUDE IN THE DEFINITION OF "FUEL COST" CERTAIN ENVIRONMENTAL COSTS AND EMISSIONS ALLOWANCE COSTS INCURRED IN THE PRODUCTION OF ELECTRIC POWER AND TO ALLOW THE PUBLIC SERVICE COMMISSION BY ORDER TO ALLOW ADDITIONAL ENVIRONMENTAL COSTS TO BE INCLUDED IN THE DEFINITION; AND TO AMEND SECTION 58-27-1210, AS AMENDED, RELATING TO EXTENSION OF ELECTRIC FACILITIES, SO AS TO PROVIDE FOR SPECIFIED CIRCUMSTANCES WHEN AN ELECTRIC SUPPLIER MUST OBTAIN PUBLIC SERVICE COMMISSION APPROVAL FOR CONSTRUCTION OF ELECTRIC FACILITIES.
Referred to Committee on Labor, Commerce and Industry

H. 3503 (Word version) -- Reps. Govan, Parks, Gullick, Sellers, J. H. Neal, Alexander, Anderson, Anthony, Bales, Bowen, Breeland, R. Brown, Clyburn, Gambrell, Hart, Hayes, Hodges, Hosey, Howard, Jefferson, Mitchell, Moss, Mulvaney, J. M. Neal, Ott, M. A. Pitts, Scott, Spires, Stavrinakis and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-372 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO IS AT LEAST A SOPHOMORE ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A HOPE SCHOLARSHIP SHALL RECEIVE AN ADDITIONAL HOPE SCHOLARSHIP STIPEND FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS,


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AND TO PROVIDE THAT A SCIENCE OR MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR; AND BY ADDING SECTION 59-113-60 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO IS AT LEAST A SOPHOMORE ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A NEED-BASED GRANT SHALL RECEIVE AN ADDITIONAL NEED-BASED SCHOLARSHIP STIPEND FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS, AND TO PROVIDE THAT A SCIENCE OR MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR.
Referred to Committee on Ways and Means

H. 3504 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-60 AND SECTION 39-15-70 SO AS TO PROVIDE FOR THE LABELING OF TOYS, TABLEWARE AND HOUSEWARES, RESPECTIVELY, CONTAINING EXCESSIVE LEVELS OF LEAD AND PROVIDING A CIVIL PENALTY FOR VIOLATIONS.
Referred to Committee on Judiciary

H. 3505 (Word version) -- Reps. Harrell, W. D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G. Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rice, Shoopman, Simrill, Skelton, G. M. Smith, G. R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire and Young: A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY


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CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN OTHER ACTIONS BEGUN BEFORE THE EFFECTIVE DATE OF THIS JOINT RESOLUTION IN REGARD TO THESE NEW TERMINAL FACILITIES; AND TO DIRECT THE STATE PORTS AUTHORITY TO BEGIN SPECIFIC NEW UNDERTAKINGS WITHIN A STIPULATED TIME FRAME UPON FINAL CONCLUSION INCLUDING ALL APPEALS OF THE ABOVE CONDEMNATION ACTION.
Referred to Committee on Labor, Commerce and Industry

H. 3506 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 1-23-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE JUDICIAL CODE OF CONDUCT TO ADMINISTRATIVE LAW JUDGES, SO AS TO APPLY THE RULES FOR DISCIPLINE AND SANCTIONS IN THE CODE OF JUDICIAL CONDUCT TO ADMINISTRATIVE LAW JUDGES AND TO ALLOW AN ADMINISTRATIVE LAW JUDGE AND THE JUDGE'S SPOUSE TO ATTEND A JUDICIAL OR BAR-RELATED FUNCTION OR PARTICIPATE IN AN ACTIVITY DEVOTED TO THE IMPROVEMENT OF THE LEGAL PROCESS.
Referred to Committee on Judiciary

H. 3507 (Word version) -- Reps. Rice, Allen, Cato, Hamilton, Leach, Loftis and J. R. Smith: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE GREATER GREENVILLE SEWER DISTRICT (CURRENTLY WESTERN CAROLINA SEWER AUTHORITY), SO AS TO INCREASE THE MEMBERSHIP OF THE AUTHORITY BY ADDING THE CHAIRMEN OF CERTAIN ENTITIES SERVICED BY THE AUTHORITY AS EX OFFICIO VOTING MEMBERS.
On motion of Rep. RICE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A


Printed Page 909 . . . . . Tuesday, February 13, 2007

JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Referred to Committee on Judiciary

HOUSE RESOLUTION

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

H. 3497 (Word version) -- Rep. Hiott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PICKENS HIGH SCHOOL "LADY FLAME" VOLLEYBALL TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2006 CLASS AAA STATE VOLLEYBALL CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Pickens High School "Lady Flame" volleyball team, coach, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2006 Class AAA State Volleyball Championship title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3498 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE PICKENS HIGH SCHOOL "LADY FLAME" VOLLEYBALL TEAM ON ITS IMPRESSIVE WIN OF THE 2006 CLASS AAA STATE VOLLEYBALL


Printed Page 910 . . . . . Tuesday, February 13, 2007

CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND COACH JENNIFER GRAVELY ON AN OUTSTANDING SEASON.

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

HOUSE RESOLUTION

The following was introduced:

H. 3500 (Word version) -- Rep. Vick: A HOUSE RESOLUTION TO CONGRATULATE THE CHERAW HIGH SCHOOL FOOTBALL TEAM ON ITS OUTSTANDING WIN OF THE STATE AA FOOTBALL CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH JOHNNY WHITE ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3501 (Word version) -- Reps. Limehouse, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, 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. EMILY SMITH SCHROEDER FOR THIRTY-TWO YEARS OF DEDICATED


Printed Page 911 . . . . . Tuesday, February 13, 2007

SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND TO THE PEOPLE OF SOUTH CAROLINA UPON THE OCCASION OF HER RETIREMENT, AND TO WISH FOR HER MANY YEARS OF HEALTH AND HAPPINESS IN HER FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3502 (Word version) -- Reps. G. R. Smith, Allen, Bannister, Bedingfield, Hamilton, Leach, Shoopman and Taylor: A CONCURRENT RESOLUTION TO RECOGNIZE BOB SHUMAKER OF GREENVILLE, AUTHOR OF THE SCHMOONEY TRILOGIES, A CHILDREN'S BOOK SERIES IN WHICH THE ENDEARING MAIN CHARACTER "THE SCHMOONEY" TAKES CHILDREN ON WONDERFUL ADVENTURES AND TO COMMEND HIM FOR HIS DEDICATION TO HELPING IMPROVE READING SKILLS AND LITERACY ACROSS THE STATE AND TO DECLARE THE SCHMOONEY THE HONORARY MASCOT FOR LITERACY IN SOUTH CAROLINA FOR 2007-2008.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 419 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ORLANDO HUDSON, A NATIVE OF DARLINGTON COUNTY, FOR HIS OUTSTANDING SPORTS ACHIEVEMENTS IN THE FIELD OF BASEBALL.

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


Printed Page 912 . . . . . Tuesday, February 13, 2007

ROLL CALL

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

Agnew                  Alexander              Allen
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Brady                  Branham                Breeland
G. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Kelly                  Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               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                   Viers                  Walker
Weeks                  Whipper                White

Printed Page 913 . . . . . Tuesday, February 13, 2007

Whitmire               Williams               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 13.

William Bowers                    Curtis Brantley
David Mack
Carl Anderson   Fletcher Smith

Total Present--117

LEAVE OF ABSENCE

The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence for the week due to family reasons.

LEAVES OF ABSENCE

The SPEAKER granted Reps. JENNINGS and CLEMMONS a leave of absence for the day due to business in Washington, D.C.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SIMRILL a leave of absence for the day due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. William J. Hueston of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be


Printed Page 914 . . . . . Tuesday, February 13, 2007

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

CO-SPONSOR ADDED

Bill Number:   H. 3134 (Word version)
Date:   ADD:
02/13/07   M. A. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3170 (Word version)
Date:   ADD:
02/13/07   HODGES

CO-SPONSOR ADDED

Bill Number:   H. 3170 (Word version)
Date:   ADD:
02/13/07   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 3273 (Word version)
Date:   ADD:
02/13/07   J. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3273 (Word version)
Date:   ADD:
02/13/07   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3273 (Word version)
Date:   ADD:
02/13/07   PINSON


Printed Page 915 . . . . . Tuesday, February 13, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3284 (Word version)
Date:   ADD:
02/13/07   WHITMIRE

CO-SPONSOR ADDED

Bill Number:   H. 3284 (Word version)
Date:   ADD:
02/13/07   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3284 (Word version)
Date:   ADD:
02/13/07   PINSON

CO-SPONSOR ADDED

Bill Number:   H. 3295 (Word version)
Date:   ADD:
02/13/07   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 3295 (Word version)
Date:   ADD:
02/13/07   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 3295 (Word version)
Date:   ADD:
02/13/07   LOWE

CO-SPONSOR ADDED

Bill Number:   H. 3295 (Word version)
Date:   ADD:
02/13/07   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 3309 (Word version)
Date:   ADD:
02/13/07   MERRILL


Printed Page 916 . . . . . Tuesday, February 13, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3376 (Word version)
Date:   ADD:
02/13/07   CHALK

CO-SPONSOR ADDED

Bill Number:   H. 3376 (Word version)
Date:   ADD:
02/13/07   HALEY

CO-SPONSOR ADDED

Bill Number:   H. 3468 (Word version)
Date:   ADD:
02/13/07   GULLICK

CO-SPONSOR REMOVED

Bill Number:   H. 3285 (Word version)
Date:   REMOVE:
02/13/07   D. C. SMITH

SENT TO THE SENATE

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

H. 3115 (Word version) -- Rep. Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.

H. 3199 (Word version) -- Reps. G. M. Smith, Hagood, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES, TO ESTABLISH PENALTIES FOR EACH OFFENSE, TO REQUIRE THE POSTING OF A WARNING


Printed Page 917 . . . . . Tuesday, February 13, 2007

SIGN ON ATMS AND SIMILAR DEVICES, AND TO PROVIDE EXCEPTIONS; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.

ORDERED TO THIRD READING

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

H. 3116 (Word version) -- Reps. W. D. Smith, Cooper and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 14 SO AS TO CREATE THE COURT APPOINTMENT DEFERRAL FUND TO BE MAINTAINED BY THE SUPREME COURT IN ACCORDANCE WITH THE PROCEDURE FOR SUBMISSION OF RULES GOVERNING PRACTICE AND PROCEDURE.

Rep. DELLENEY explained the Bill.

H. 3287--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3287 (Word version) -- Reps. Crawford, Hamilton, Lowe, M. A. Pitts, Scarborough and Shoopman: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING LOBBYISTS AND LOBBYING AND CAMPAIGN PRACTICES, SO AS TO ADD THE DEFINITION OF "FRESHMAN LEGISLATORS" AND TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A CAUCUS BASED ON A MEMBERSHIP OF FRESHMAN MEMBERS.

Rep. DELLENEY explained the Bill.

Reps. HAYES, COBB-HUNTER, SELLERS, DUNCAN, HARVIN, MILLER, YOUNG, WHIPPER, SCARBOROUGH, MACK, HOSEY, CLYBURN, JEFFERSON, AGNEW, COTTY, NEILSON, FUNDERBURK, MCLEOD, MAHAFFEY, HART and OTT requested debate on the Bill.


Printed Page 918 . . . . . Tuesday, February 13, 2007

H. 3267--OBJECTION AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3267 (Word version) -- Reps. G. M. Smith, Cotty, Delleney, McLeod, Simrill and Weeks: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS BY ONE ADDITIONAL JUDGE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7155AHB07):
Amend the bill, as and if amended, by deleting Section 20-7-1410, as contained in SECTION 2, lines 4 through 40, and inserting:
/   "Section 20-7-1410.   (A)   The General Assembly shall elect a number of family court judges from each judicial circuit as follows:

First Circuit           Three Judges

Second Circuit       Two Judges

Third Circuit         Three Judges

Fourth Circuit         Three Judges

Fifth Circuit         Four Judges

Sixth Circuit         Two Judges

Seventh Circuit       Three Judges

Eighth Circuit         Three Judges

Ninth Circuit         Six Judges

Tenth Circuit         Three Judges

Eleventh Circuit       Three Judges

Twelfth Circuit       Three Judges

Thirteenth Circuit     Six Judges

Fourteenth Circuit     Three Judges

Fifteenth Circuit       Three Judges

Sixteenth Circuit       Two Judges

(B)   In   the following judicial circuits at least one family court judge must be a resident of each county in the circuit: fifth, seventh, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial


Printed Page 919 . . . . . Tuesday, February 13, 2007

circuits made up of three or more counties at least one family court judge must be a resident of one of the counties which does not have the largest population in the circuit. In the ninth circuit, both counties in the circuit must have at least two resident family court judges.

(C)   No county in the sixth circuit shall have more than one resident family court judge.

(D)   In addition to the above judges authorized by this section, there must be three additional family court judges elected by the General Assembly from the State at-large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 3 respectively."
B.   The three additional judges authorized by the provisions of SECTION   2.A. take office on July 1, 2007, and the Judicial Merit Selection Commission on the effective date of this act shall begin the process of nominating candidates for these judicial offices, and the General Assembly then shall elect these judges from the nominees of the commission so that these judges may take office on July 1, 2007. /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

Rep. SCOTT moved to adjourn debate on the Bill until Wednesday, February 14, which was rejected.

Rep. YOUNG objected to the Bill.

Reps. KIRSH, COOPER, SCOTT, HAYES, MERRILL, PINSON, OWENS, MAHAFFEY, TOOLE and COTTY requested debate on the Bill.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MCLEOD a leave of absence for the remainder of the day.


Printed Page 920 . . . . . Tuesday, February 13, 2007

H. 3170--POINT OF ORDER

The following Bill was taken up:

H. 3170 (Word version) -- Reps. Harrell, W. D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Ott, Ballentine, Barfield, Bedingfield, Bingham, Brady, Ceips, Clemmons, Cotty, Dantzler, Davenport, Delleney, Gambrell, Haley, Haskins, Hardwick, Herbkersman, Hinson, Leach, Littlejohn, Limehouse, Loftis, Lowe, Lucas, Mahaffey, Owens, Perry, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Spires, Taylor, Thompson, Umphlett, Viers, Whitmire, Young, Bales, Kirsh, Huggins, Bowen, Jefferson, Alexander, R. Brown, Breeland, Bannister, White, Edge, Harvin, Kennedy, Crawford, Jennings, Miller, Gullick, Anthony, Phillips, Coleman, Mitchell, F. N. Smith, J. E. Smith, Clyburn, Sellers, Cobb-Hunter, Agnew, Bowers, Knight, Mulvaney, Neilson, Williams, Branham, Toole, Battle, Duncan, Hodges and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-25 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO IS AT LEAST A SOPHOMORE ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A PALMETTO FELLOWS SCHOLARSHIP SHALL RECEIVE AN ADDITIONAL PALMETTO FELLOWS SCHOLARSHIP STIPEND FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS, AND TO PROVIDE THAT A SCIENCE OR MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR; AND BY ADDING SECTION 59-149-15 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO IS AT LEAST A SOPHOMORE ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A LIFE SCHOLARSHIP SHALL RECEIVE AN ADDITIONAL LIFE SCHOLARSHIP STIPEND FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS, AND TO PROVIDE THAT A SCIENCE OR


Printed Page 921 . . . . . Tuesday, February 13, 2007

MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR.

POINT OF ORDER

Rep. SELLERS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3422--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3422 (Word version) -- Reps. Cooper and Kirsh: A BILL TO AMEND SECTIONS 11-11-155 AND 11-11-156, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN THE COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION DOES NOT DECREASE THE APPLICABLE LIMIT; TO AMEND SECTION 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO CORRECT A REFERENCE; TO AMEND SECTIONS 12-37-3130 AND 12-37-3150, RELATING TO DEFINITIONS AND ASSESSABLE TRANSFERS OF INTEREST FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO REVISE THE DEFINITION OF


Printed Page 922 . . . . . Tuesday, February 13, 2007

"CONVEYANCE" AND PROVIDE THAT TRANSFERS OCCUR WHEN INSTRUMENTS ARE EXECUTED WITHOUT REFERENCE TO THE DATE OF RECORDING AND TO PROVIDE THAT FAILURE TO RECORD GIVES RISE TO NO INFERENCE OR TO WHETHER OR NOT A TRANSFER HAS OCCURRED; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION AND ASSESSMENT OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE ADDITIONAL INFORMATION AND CERTIFICATION REQUIREMENTS TO OBTAIN THE SPECIAL FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO PROVIDE PERIODIC REAPPLICATION AS THE ASSESSOR DETERMINES NECESSARY, TO REVISE THE APPLICATION OF A PROVISION OF THE INTERNAL REVENUE CODE OF 1986 USED IN DETERMINING WHETHER OR NOT RESIDENTIAL PROPERTY QUALIFIES FOR THE FOUR PERCENT ASSESSMENT RATIO, AND TO REVISE THE PENALTY FOR FAILURE TO TIMELY NOTIFY THE ASSESSOR WHEN REAL PROPERTY NO LONGER QUALIFIES FOR THIS SPECIAL ASSESSMENT RATIO; TO AMEND SECTION 12-51-50, AS AMENDED, AND SECTION 12-51-70, RELATING TO DELINQUENT TAX SALES, SO AS TO REPLACE THE REFERENCE TO LEGAL SALES DATE WITH THE ADVERTISED DATE FOR THE SALE AND INCREASE FROM THREE HUNDRED TO ONE THOUSAND DOLLARS THE MAXIMUM PENALTY FOR DEFAULTING ON A TAX SALE BID; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE OFFENSE OF DISCLOSURE OF TAX INFORMATION, SO AS TO REVISE AN EXEMPTION TO THIS OFFENSE; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE THAT IN NONREASSESSMENT YEARS, AN APPEAL MADE BEFORE THE FIRST PENALTY DATE FOR TAXES FOR THE YEAR APPLIES FOR THAT YEAR AND AN APPEAL FILED ON OR AFTER THAT DATE APPLIES FOR THE NEXT YEAR; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE DATE BY WHICH THIS STATE ADOPTS BY REFERENCE VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES

Printed Page 923 . . . . . Tuesday, February 13, 2007

TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR AN AMUSEMENT PARK RIDE AND ANY PARTS, MACHINERY, AND EQUIPMENT USED TO ASSEMBLE AND MAKE UP AN AMUSEMENT PARK RIDE OR PERFORMANCE VENUE FACILITY AND ANY RELATED OR REQUIRED MACHINERY, EQUIPMENT, AND FIXTURES LOCATED IN AN AMUSEMENT PARK OR THEME PARK THAT MEETS CERTAIN INVESTMENT AND EMPLOYMENT QUALIFICATIONS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9757HTC07), which was adopted:
Amend the bill, as and if amended, in Section 11-11-156(A), as contained in SECTION 2, beginning on page 3, by striking item (1) and inserting:

/ (1)   Beginning with fiscal year 2007-2008, school districts of this State must be reimbursed from the Homestead Exemption Fund in the manner provided in this subsection. The Comptroller General shall pay these reimbursements upon application of the school district and the The reimbursements reimbursement due a school district for fiscal year 2007-2008 and thereafter shall be equal to the amount estimated to be collected or reimbursed in fiscal year 2007-2008 by the district from school operating millage imposed on owner-occupied residential property therein consists of three tiers. The tier one reimbursement is an amount equal to the amount received by the district pursuant to the provisions of Section 12-37-251 as those provisions applied for fiscal year 2006-2007. The tier one reimbursement is fixed at the fiscal year 2006-2007 amount and continues into succeeding fiscal years at this fixed amount. The tier two reimbursement is the amount to be received by the district pursuant to the provisions of Section 12-37-270 for fiscal year 2006-2007 for the school operating millage portion of the reimbursement for the homestead exemption allowed pursuant to Section 12-37-250. The tier two reimbursement is fixed at this fiscal year 2006-2007 amount and continues into succeeding fiscal years at this fixed amount. The tier three reimbursement is derived from the revenue of the tax imposed pursuant to Article 11, Chapter 36 of Title 12, and for fiscal year 2007-2008, consists of an amount equal dollar for dollar to the revenue that would be collected by the district from property tax for school operating purposes imposed by the district on owner-occupied residential property for that fiscal year as if no


Printed Page 924 . . . . . Tuesday, February 13, 2007

reimbursed exemptions applied, plus an amount that a district may have received in its fiscal year 2006-2007 reimbursements pursuant to Section 12-37-251 in excess of the computed amount of that exemption from school operating millage for that year, reduced by the total of the district's tier one and tier two reimbursements. /
Amend further, as and if amended, beginning on page 7, in SECTION 3, by striking subsection A. and inserting:
/ A.   Subsections (A) and (E) of Section 6-1-320 of the 1976 Code, as last amended by Act 388 of 2006, are amended to read:

"(A)   Notwithstanding Section 12-37-251(E), a local governing body may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year only to the extent of the increase in the average of the twelve monthly consumer price indexes indices for the most recent twelve-month period consisting of January through December of the preceding calendar year, plus, beginning in 2007, the percentage increase in the previous year in the population of the entity as determined by the Office of Research and Statistics of the State Budget and Control Board. If the average of the twelve monthly consumer price indices experiences a negative percentage, the average is deemed to be zero. If an entity experiences a reduction in population, the percentage change in population is deemed to be zero. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate.

(E)   Notwithstanding any provision contained herein in this article, this article does not and may not be construed to amend or to repeal the rights of a legislative delegation to set or restrict school district millage, and this article does not and may not be construed to amend or to repeal any caps on school millage provided by current law or statute or limitation on the fiscal autonomy of a school district as currently in existing law that are more restrictive than the limit provided pursuant to subsection (A) of this section." /
Amend further, page 15, by striking SECTION 5 and inserting:
/SECTION   5.   A.   Section 6-1-50, as last amended by Act 388 of 2006, is further amended to read:

"Section 6-1-50.   Counties and municipalities receiving revenues from state aid, currently known as Aid to Subdivisions, shall submit annually to the State Budget and Control Board, Office of Research and Statistics, Economic Research Section, a financial report detailing their sources of revenue, expenditures by category, indebtedness, and


Printed Page 925 . . . . . Tuesday, February 13, 2007

other information as the State Budget and Control Board, Office of Research and Statistics, Economic Research Section, requires. The State Budget and Control Board, Office of Research and Statistics, Economic Research Section, shall determine the content and format of the annual financial report. The financial report for the most recently completed fiscal year must be submitted to the State Budget and Control Board, Office of Research and Statistics, Economic Research Section, by November January fifteenth of each year. If an entity fails to file the financial report by November January fifteenth, then the chief administrative officer of the entity shall be notified in writing that the entity has thirty days to comply with the requirements of this section. The Director of the Office of Research and Statistics may, for good cause, grant a local entity an extension of time to file the annual financial report. Notification by the Director of the Office of Research and Statistics to the Comptroller General that an entity has failed to file the annual financial report thirty days after written notification to the chief administrative officer of the entity must result in the withholding of ten percent of subsequent payments of state aid to the entity until the report is filed. The State Budget and Control Board, Office of Research and Statistics, Economic Research Section, is responsible for collecting, maintaining, and compiling the financial data provided by counties and municipalities in the annual financial report required by this section."
B.   Notwithstanding the general effective date provided in this act, this section takes effect upon approval of this act by the Governor.
SECTION   6.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Rep. COOPER explained the Bill.

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


Printed Page 926 . . . . . Tuesday, February 13, 2007

H. 3295--POINT OF ORDER

The following Bill was taken up:

H. 3295 (Word version) -- Reps. G. R. Smith, Harrell, Cooper, Ballentine, Huggins, Merrill, Chellis, Bannister, Stewart, G. M. Smith, Hardwick, Barfield, Bedingfield, Cato, Hagood, Hamilton, Haskins, Leach, Limehouse, E. H. Pitts, Rice, Shoopman, D. C. Smith, F. N. Smith, J. R. Smith, Spires, Toole, Mulvaney, Crawford, Walker, Bowen, Perry, Young, Owens, Talley, Lowe and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-415 SO AS TO PROVIDE THAT THE LIMIT ON GENERAL FUND APPROPRIATIONS FOR A FISCAL YEAR IS THE TOTAL AMOUNT OF THE GENERAL FUND REVENUE ESTIMATE AS OF FEBRUARY FIFTEENTH FOR FISCAL YEAR 2007-2008, INCREASED ANNUALLY AND CUMULATIVELY BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASE AND INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE, TO ESTABLISH THE SPENDING LIMITATION RESERVE FUND, TO WHICH ALL SURPLUS GENERAL FUND REVENUES MUST BE CREDITED, AND TO PROVIDE FOR THE PRIORITY USES OF THE REVENUES OF THIS FUND, TO PROVIDE FOR THE APPROPRIATION OF FUND REVENUES AFTER THESE PRIORITIES ARE MET, AND TO REQUIRE THAT APPROPRIATION OF REVENUES OF THIS FUND MUST BE BY JOINT RESOLUTION ORIGINATING IN THE HOUSE OF REPRESENTATIVES.

POINT OF ORDER

Rep. OTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.


Printed Page 927 . . . . . Tuesday, February 13, 2007

H. 3471--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.

POINT OF ORDER

Rep. G. R. SMITH made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3030--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. MILLER, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

H. 3030 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, D. C. Smith, Spires and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-15 SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE A SEWAGE COLLECTION SYSTEM WITHIN THE DISTRICT.

S. 290--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 290 (Word version) -- Senators Knotts, Bryant, Verdin, Grooms, Hayes, Malloy, McConnell, Leatherman, Peeler, Courson, McGill, Drummond, Setzler, Fair, Reese, Alexander, Leventis, Sheheen, Ryberg, Pinckney, Jackson, Lourie, Moore, Cromer, Mescher, Ritchie, Martin, Matthews, Gregory, Cleary, Scott, Campsen, Anderson, Ford, Elliott, Hawkins, Hutto, Land, O'Dell, Patterson, Rankin, Richardson, Short, Thomas, Vaughn and Williams: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE PAUL A. MORIN, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 27, 2007.


Printed Page 928 . . . . . Tuesday, February 13, 2007

Whereas, the Honorable Paul A. Morin is a distinguished veteran of the United States uniformed services and a resident of the State of Massachusetts; and

Whereas, the Honorable Paul A. Morin has held numerous offices in the American Legion at the state and national level before his selection as National Commander; and

Whereas, the 2.7 million-member American Legion with more than twenty-seven thousand members in South Carolina is one of the most influential and prestigious organizations in the United States; and

Whereas, speaking before a joint session of the South Carolina General Assembly is an honor reserved for leaders of national prominence. Now, therefore,

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

That the National Commander of the American Legion, the Honorable Paul A. Morin, is invited to address the General Assembly in joint session in the Chamber of the South Carolina House of Representatives at 12:30 p.m. on Tuesday, February 27, 2007.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Paul A. Morin.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

H. 3097--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill until Wednesday, February 14, which was adopted:

H. 3097 (Word version) -- Reps. Rice, Walker, G. R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens and D. C. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT


Printed Page 929 . . . . . Tuesday, February 13, 2007

THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ON-LINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.

H. 3287--REJECTED

The following Bill was taken up:

H. 3287 (Word version) -- Reps. Crawford, Hamilton, Lowe, M. A. Pitts, Scarborough and Shoopman: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING LOBBYISTS AND LOBBYING AND CAMPAIGN PRACTICES, SO AS TO ADD THE DEFINITION OF "FRESHMAN LEGISLATORS" AND TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A CAUCUS BASED ON A MEMBERSHIP OF FRESHMAN MEMBERS.

Rep. FUNDERBURK spoke against the Bill.

Rep. OTT moved to adjourn debate on the Bill until Wednesday, February 14, which was rejected.

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

Yeas 42; Nays 61


Printed Page 930 . . . . . Tuesday, February 13, 2007

Those who voted in the affirmative are:
Alexander              Bannister              Barfield
Bedingfield            Bowen                  Brantley
G. Brown               Cato                   Ceips
Clyburn                Crawford               Dantzler
Delleney               Duncan                 Gambrell
Gullick                Hamilton               Harrell
Haskins                Hinson                 Kelly
Leach                  Limehouse              Lowe
Merrill                Mulvaney               M. A. Pitts
Rutherford             Scarborough            Shoopman
Skelton                D. C. Smith            J. R. Smith
W. D. Smith            Spires                 Stewart
Taylor                 Umphlett               Walker
White                  Williams               Young

Total--42

Those who voted in the negative are:

Agnew                  Anthony                Bales
Ballentine             Battle                 Bingham
Bowers                 Brady                  Branham
Breeland               R. Brown               Chalk
Chellis                Cobb-Hunter            Coleman
Cotty                  Edge                   Frye
Funderburk             Govan                  Hagood
Haley                  Hardwick               Harrison
Harvin                 Herbkersman            Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Kirsh
Loftis                 Lucas                  Mack
Mahaffey               Miller                 Mitchell
Moss                   J. H. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
Rice                   Sandifer               Scott
Sellers                G. M. Smith            G. R. Smith
Stavrinakis            Talley                 Thompson

Printed Page 931 . . . . . Tuesday, February 13, 2007

Toole                  Weeks                  Whipper
Witherspoon

Total--61

So, the Bill was rejected.

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on H. 3287, but had I been present, I would have voted against the Bill.
Rep. Patsy Knight

H. 3267--DEBATE ADJOURNED

Rep. DELLENEY moved to adjourn debate upon the following Bill until Wednesday, February 14, which was adopted:

H. 3267 (Word version) -- Reps. G. M. Smith, Cotty, Delleney, McLeod, Simrill and Weeks: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS BY ONE ADDITIONAL JUDGE.

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 13, 2007
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:30 p.m. today for the purpose of Ratifying Acts.


Printed Page 932 . . . . . Tuesday, February 13, 2007

Very respectfully,
President

On motion of Rep. BANNISTER the invitation was accepted.

HOUSE RESOLUTION

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

H. 3508 (Word version) -- Reps. Vick and Neilson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE SCHOOL OFFICIALS, ATHLETES, AND COACHES OF THE CHERAW HIGH SCHOOL FOOTBALL TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM FOR THEIR OUTSTANDING WIN OF THE STATE AA FOOTBALL CHAMPIONSHIP, AND TO HONOR THEM ON AN EXCEPTIONAL SEASON.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the school officials, athletes, and coaches of the Cheraw High School Football Team at a date and time to be determined by the Speaker, to congratulate them for their outstanding win of the State AA Football Championship, and to honor them on an exceptional season.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3509 (Word version) -- Reps. Mitchell, Whipper, Parks, Haley, Hodges, J. H. Neal, Bedingfield, F. N. Smith, Gullick, Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowen, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Gambrell, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison,


Printed Page 933 . . . . . Tuesday, February 13, 2007

Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Moss, Neilson, Ott, Owens, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, 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, Viers, Walker, Weeks, Williams, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 31 TO ENACT THE "SOUTH CAROLINA LOCAL HOUSING TRUST FUND ENABLING ACT", TO MAKE CERTAIN FINDINGS BY THE GENERAL ASSEMBLY, TO DEFINE CERTAIN TERMS, AND TO ALLOW A LOCAL GOVERNMENT TO CREATE AND OPERATE A "LOCAL HOUSING TRUST FUND" OR A "REGIONAL HOUSING TRUST FUND".
Referred to Committee on Ways and Means

H. 3510 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE FOR THE COST OF THE STAMPS AND THE MANNER THEY ARE SOLD; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS AT LEAST SIXTY-FOUR AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND SECTION 50-11-20, AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY WATERFOWL COMMITTEE; AND TO ADD SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


Printed Page 934 . . . . . Tuesday, February 13, 2007

H. 3511 (Word version) -- Reps. Umphlett, G. Brown, Clemmons, Dantzler, Leach, M. A. Pitts and Viers: A BILL TO AMEND SECTION 8-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS NOT CONSIDERED DUAL OFFICEHOLDERS, SO AS TO PROVIDE THAT AN OFFICER IN THE MILITIA, A NOTARY PUBLIC, A DELEGATE TO A CONSTITUTIONAL CONVENTION, A LAW ENFORCEMENT OFFICER WHO HOLDS A LOCAL OFFICE AND A CORRECTIONS OFFICER WHO HOLDS A LOCAL OFFICE ARE NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
Referred to Committee on Judiciary

H. 3512 (Word version) -- Reps. Crawford, Scarborough, Bales, Ballentine, Bowen, Chellis, Clyburn, Dantzler, Funderburk, Hagood, Hayes, Herbkersman, Hinson, Littlejohn, Lowe, Mack, McLeod, Owens, M. A. Pitts, Rice, Sandifer, Shoopman, Spires, Stavrinakis, Taylor, Umphlett and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL SHALL MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE DEPARTMENT SHALL MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO A CHILDCARE PROVIDER, AND TO PROVIDE THAT THE DIRECTOR SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THE DANGERS ASSOCIATED WITH SHAKING INFANTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

MOTION ADOPTED

Rep. RUTHERFORD moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.


Printed Page 935 . . . . . Tuesday, February 13, 2007

RATIFICATION OF ACTS

At 1:30 p.m. the House attended in the Senate Chamber, where the following Act and Joint Resolution were duly ratified:

(R2, S. 152 (Word version)) -- Senators Alexander, McConnell, Leatherman, Campsen, Vaughn, Ryberg, Richardson, Hayes, Mescher, Knotts, Elliott, Cleary, Fair and Setzler: AN ACT TO RATIFY AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE, INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO RATIFY AN AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

(R3, S. 273 (Word version)) -- Senators Richardson and Pinckney: A JOINT RESOLUTION TO CHANGE THE CERTIFICATION DATE FOR A SALES AND USE TAX REFERENDUM HELD DURING THE 2006 GENERAL ELECTION FROM NO LATER THAN NOVEMBER 30, 2006, TO DECEMBER 10, 2006.

ADJOURNMENT

At 1:35 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of Army Chief Warrant Officer Jason Garth DeFrenn of Barnwell who was killed in Iraq, to meet at 10:00 a.m. tomorrow.

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