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


Printed Page 936 . . . . . Wednesday, February 14, 2007

Wednesday, February 14, 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 Proverbs 16:20: "Whoever gives heed to instructions prospers, and blessed is he who trusts in the Lord."
Let us pray. Most gracious God, fill us with knowledge and the will to trust that You will give us strength, courage, wisdom and integrity to do the work we have been elected to do. Be present with us this day in our endeavors to make right decisions. Be present and comfort Kathy Culvern and her family on the loss of her brother. Bless our Nation, President, State, Governor, Speaker and all who serve. Protect our defenders of freedom 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. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Dr. Paul Ariel Wood of Camden, which was agreed to.

REGULATION RECEIVED

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

Document No. 3096
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-56-10, et seq. and Section 44-56-30
Hazardous Waste Management Regulations
Received by Speaker of the House of Representatives


Printed Page 937 . . . . . Wednesday, February 14, 2007

February 14, 2007
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration June 14, 2007

REPORT OF STANDING COMMITTEE

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

H. 3396 (Word version) -- Reps. Cato, Harrell, Sandifer, Bales, Battle, G. Brown, Chellis, Cooper, Haley, Hamilton, Harrison, Herbkersman, Howard, Jennings, Leach, Mack, Merrill, Ott, Owens, Perry, Scarborough, Thompson, Huggins and Dantzler: A BILL TO AMEND SECTION 58-12-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES, FUNDING, AND PREEMPTION PROVISIONS IN REGARD TO CABLE TELEVISION SERVICES, SO AS TO INCLUDE VIDEO SERVICES THEREIN; TO AMEND ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY FOR THE PROVISION OF CABLE SERVICES, SO AS TO ALSO MAKE THE PROVISIONS OF THIS ARTICLE APPLICABLE TO VIDEO SERVICES PROVIDED THROUGH WIRELINE FACILITIES; AND TO AMEND SECTION 58-9-2200, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO TELECOMMUNICATIONS SERVICES, SO AS TO REVISE THE DEFINITION OF "RETAIL TELECOMMUNICATIONS SERVICES".
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3513 (Word version) -- Reps. Govan, Whipper, Mitchell, Alexander, Battle, Breeland, Chellis, Hayes, Hodges, Jefferson, Mack, Miller, Moss and Stavrinakis: A JOINT RESOLUTION TO CREATE THE ERNEST F. "FRITZ" HOLLINGS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Referred to Committee on Education and Public Works


Printed Page 938 . . . . . Wednesday, February 14, 2007

H. 3514 (Word version) -- Reps. Harrell, Toole, Pinson, Dantzler, Hayes, Leach, J. R. Smith and Witherspoon: A BILL TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; AND TO AMEND SECTION 11-35-1524, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES.
Referred to Committee on Judiciary

H. 3515 (Word version) -- Reps. Herbkersman, Whipper, Hagood, Hayes, Hodges, Jefferson, Leach, Limehouse, G. M. Smith and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-70 SO AS TO REQUIRE AN INSURER DOING BUSINESS IN THIS STATE WHO ISSUES A POLICY COVERING PROPERTY TO GIVE A DISCOUNT TO A POLICY HOLDER WHO INSTALLS AND MAINTAINS OPERABLE STORM SHUTTERS ON THE INSURED PROPERTY.
Referred to Committee on Labor, Commerce and Industry

H. 3516 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
Referred to Committee on Labor, Commerce and Industry

H. 3517 (Word version) -- Rep. Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-35-105 SO AS TO PROVIDE THAT ALL ELECTRICAL UTILITY AND ELECTRIC COOPERATIVE POWER LINES


Printed Page 939 . . . . . Wednesday, February 14, 2007

CONSTRUCTED, INSTALLED, OR MODIFIED AFTER JULY 1, 2007, MUST BE LOCATED UNDER GROUND AND TO ALLOW THE LOCAL GOVERNMENT TO NEGOTIATE WITH THE APPROPRIATE UTILITY A FEE TO OFFSET THE COST OF BURYING THE POWER LINES.
Referred to Committee on Labor, Commerce and Industry

H. 3522 (Word version) -- Reps. Duncan, Ballentine, Merrill, Bannister, Bedingfield, Bowen, Gullick, Haley, Herbkersman, Littlejohn, Ott, E. H. Pitts, M. A. Pitts, Scarborough, Taylor and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3650 SO AS TO ENACT THE "COMMUNITY SCHOOLS INVESTMENT ACT", TO PROVIDE THAT A PERSON IS ALLOWED AN INCOME TAX CREDIT UP TO ONE HUNDRED FIFTY DOLLARS A YEAR FOR A CONTRIBUTION TO A PUBLIC SCHOOL, TO PROVIDE FOR A COMMUNITY SCHOOLS INVESTMENT COMMITTEE AT EACH PUBLIC SCHOOL THAT RECEIVES A CONTRIBUTION TO DETERMINE HOW THE FUNDS ARE SPENT, AND TO PROVIDE THAT TOTAL TAX CREDITS CLAIMED MAY NOT EXCEED FIVE MILLION DOLLARS EACH YEAR.
Referred to Committee on Ways and Means

S. 14 (Word version) -- Senators Hayes, Campsen, Vaughn, Mescher, Knotts, Verdin, Alexander, Lourie and Malloy: A BILL TO AMEND SECTION 7-13-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN UNAUTHORIZED PERSON NOT ALLOWED WITHIN THE GUARD RAIL OF A VOTING BOOTH, TO AUTHORIZE A DEPENDENT CHILD OF A QUALIFIED ELECTOR TO ACCOMPANY THE QUALIFIED ELECTOR IN THE VOTING BOOTH WHILE HE IS CASTING HIS BALLOT.
Referred to Committee on Judiciary

S. 65 (Word version) -- Senators Martin, Vaughn, McConnell, Knotts, Verdin, Fair, Alexander and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A


Printed Page 940 . . . . . Wednesday, February 14, 2007

LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.
Referred to Committee on Judiciary

S. 69 (Word version) -- Senators Rankin, Campsen, McConnell, Knotts, Cleary, Fair and Elliott: A BILL TO AMEND SECTION 8-13-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR OCCUPATION, AND TO ELIMINATE THE PROHIBITION AGAINST AN INDIVIDUAL OR BUSINESS WITH WHOM A MUNICIPAL OR COUNTY PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS ASSOCIATED FROM REPRESENTING A PERSON BEFORE AN AGENCY, UNIT, OR SUBUNIT OF THE MUNICIPALITY OR COUNTY.
Referred to Committee on Judiciary

S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

The following was introduced:

H. 3518 (Word version) -- Reps. Neilson, Lucas and Vick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 102 IN CHESTERFIELD COUNTY FROM


Printed Page 941 . . . . . Wednesday, February 14, 2007

ITS INTERSECTION WITH THE CHESTERFIELD COUNTY/DARLINGTON COUNTY LINE TO ITS INTERSECTION WITH CHESTERFIELD COUNTY ROAD S1380 "JAMES THOMAS 'TOM' TEAL ROAD" AS A LASTING TRIBUTE TO THE HONORABLE JAMES THOMAS 'TOM' TEAL WHO SERVED AS CHESTERFIELD COUNTY MAGISTRATE FROM 1964 TO 1994, AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JAMES THOMAS 'TOM' TEAL ROAD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 3519 (Word version) -- Rep. Duncan: A HOUSE RESOLUTION TO COMMEND MR. WILLIE "ED" LITTLE OF LAURENS COUNTY FOR TWENTY-SEVEN YEARS OF DEDICATED SERVICE AS TEACHER, COACH, AND PRINCIPAL, AND TO HONOR HIM FOR THE LASTING POSITIVE IMPACT HE HAS HAD ON THE CITIZENS OF HIS COUNTY, THE CITY OF CLINTON, AND THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3520 (Word version) -- Rep. Perry: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE UNIVERSITY OF SOUTH CAROLINA AIKEN PACERS GOLF TEAM FOR ITS OUTSTANDING 2006 SEASON AND FOR CAPTURING ITS THIRD CONSECUTIVE NCAA DIVISION II MEN'S GOLF NATIONAL CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S SUPERLATIVE PLAYERS, COACH, AND STAFF.

The Resolution was adopted.


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HOUSE RESOLUTION

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

H. 3521 (Word version) -- Rep. Perry: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE UNIVERSITY OF SOUTH CAROLINA AIKEN PACERS GOLF 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 NCAA DIVISION II MEN'S GOLF NATIONAL 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 University of South Carolina Aiken Pacers golf 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 NCAA Division II Men's Golf National Championship title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 280 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF INTERIOR AUTHORIZE THE PLACEMENT OF A MARKER OR MEMORIAL AT AN APPROPRIATE LOCATION AT THE BLOODY ANGLE IN THE MULE SHOE ON THE BATTLEFIELDS FOR THE SPOTSYLVANIA COURT HOUSE THAT RECOGNIZES THE SIGNIFICANT ROLE OF SOUTH CAROLINIAN SOLDIERS IN THE BATTLE AT SPOTSYLVANIA COURT HOUSE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 943 . . . . . Wednesday, February 14, 2007

ROLL CALL

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

Agnew                  Alexander              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            Cooper
Cotty                  Crawford               Dantzler
Delleney               Duncan                 Edge
Frye                   Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hardwick               Harrell
Harrison               Hart                   Harvin
Hayes                  Herbkersman            Hinson
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Kelly                  Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               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            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Walker                 White
Whitmire               Witherspoon            Young


Printed Page 944 . . . . . Wednesday, February 14, 2007

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 14.

Creighton Coleman                 Glenn Hamilton
Gloria Haskins                    Joseph Neal
Robert Williams                   Thad Viers
Ralph Davenport
Gary Simrill   David Weeks

Total Present--117

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Jennifer Root of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. MOSS and LITTLEJOHN presented to the House the Gaffney High School "Indians", the 2006 Division I AAAA Champions, their coaches and other school officials.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written


Printed Page 945 . . . . . Wednesday, February 14, 2007

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. 3011 (Word version)
Date:   ADD:
02/14/07   AGNEW

CO-SPONSOR ADDED

Bill Number:   H. 3006 (Word version)
Date:   ADD:
02/14/07   STEWART

CO-SPONSOR ADDED

Bill Number:   H. 3006 (Word version)
Date:   ADD:
02/14/07   BEDINGFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3148 (Word version)
Date:   ADD:
02/14/07   TAYLOR

CO-SPONSOR ADDED

Bill Number:   H. 3301 (Word version)
Date:   ADD:
02/14/07   MAHAFFEY

CO-SPONSOR ADDED

Bill Number:   H. 3309 (Word version)
Date:   ADD:
02/14/07   M. A. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3309 (Word version)
Date:   ADD:
02/14/07   SCARBOROUGH


Printed Page 946 . . . . . Wednesday, February 14, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3309 (Word version)
Date:   ADD:
02/14/07   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3464 (Word version)
Date:   ADD:
02/14/07   CRAWFORD

CO-SPONSOR ADDED

Bill Number:   H. 3493 (Word version)
Date:   ADD:
02/14/07   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3505 (Word version)
Date:   ADD:
02/14/07   HODGES

CO-SPONSOR ADDED

Bill Number:   H. 3295 (Word version)
Date:   ADD:
02/14/07   FRYE

CO-SPONSOR ADDED

Bill Number:   H. 3295 (Word version)
Date:   ADD:
02/14/07   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3295 (Word version)
Date:   ADD:
02/14/07   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 3097 (Word version)
Date:   ADD:
02/14/07   BEDINGFIELD


Printed Page 947 . . . . . Wednesday, February 14, 2007

CO-SPONSOR ADDED

Bill Number:   H. 3509 (Word version)
Date:   ADD:
02/14/07   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3509 (Word version)
Date:   ADD:
02/14/07   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 3493 (Word version)
Date:   ADD:
02/14/07   E. H. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3493 (Word version)
Date:   ADD:
02/14/07   HUGGINS

CO-SPONSOR ADDED

Bill Number:   H. 3509 (Word version)
Date:   ADD:
02/14/07   J. M. NEAL

CO-SPONSOR REMOVED

Bill Number:   H. 3309 (Word version)
Date:   REMOVE:
02/14/07   TAYLOR

CO-SPONSOR REMOVED

Bill Number:   H. 3295 (Word version)
Date:   REMOVE:
02/14/07   BARFIELD

ORDERED TO THIRD READING

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

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


Printed Page 948 . . . . . Wednesday, February 14, 2007

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.

SENT TO THE SENATE

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

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.

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


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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 "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

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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 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.

H. 3170--AMENDED AND ORDERED TO THIRD READING

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


Printed Page 951 . . . . . Wednesday, February 14, 2007

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 MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20117SD07), which was adopted:
Amend the bill, as and if amended, by striking subsection (A) in Section 59-104-25 of the 1976 Code, as contained in SECTION 1, and inserting:

/(A)   A resident student who is at least a sophomore attending a four-year public or private institution of higher learning in this State majoring in science or mathematics as defined below and who is receiving a Palmetto Fellows Scholarship for his current year shall receive an additional Palmetto Fellows Scholarship stipend equal to the cost of attendance after applying all other scholarships or grants not to exceed three thousand three hundred dollars each year for not more than three additional years of instruction including his sophomore year if enrolled in a four-year degree program or for not more than four additional years of instruction including his sophomore year if enrolled in a five-year degree program or enrolled in a 3 plus 2 program. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional Palmetto Fellows Scholarship stipend each year, the student must receive the underlying Palmetto Fellows Scholarship for that year and must be making acceptable progress each


Printed Page 952 . . . . . Wednesday, February 14, 2007

year toward receiving a degree in his science or mathematics major. In addition, during his freshman year, the student is required to have successfully completed a total of at least fourteen credit hours of instruction in mathematics and life and physical science courses with a minimum of six hours in mathematics and a minimum of six hours in life and physical science including one laboratory course. For purposes of meeting the required minimum level of instruction in mathematics and life and physical science courses during a student's freshman year, advanced placement courses in mathematics and life and physical sciences taken in high school on which the student scored high enough on the advanced placement test to receive credit at his institution and for which he received credit count toward the fulfillment of this minimum requirement./
Amend the bill further, as and if amended, by striking subsection (A) in Section 59-149-15 of the 1976 Code, as contained in SECTION 2, and inserting:
/   (A)   A resident student who is at least a sophomore attending a four-year public or private institution of higher learning in this State majoring in science or mathematics as defined below and who is receiving a LIFE Scholarship for his current year shall receive an additional LIFE Scholarship stipend equal to the cost of attendance after applying all other scholarships or grants not to exceed two thousand five hundred dollars each year for not more than three additional years of instruction including his sophomore year if enrolled in a four-year degree program or for not more than four additional years of instruction including his sophomore year if enrolled in a five-year degree program or enrolled in a 3 plus 2 program. In addition, during his freshman year, the student is required to have successfully completed a total of at least fourteen credit hours of instruction in mathematics and life science courses with a minimum of six hours in mathematics and a minimum of six hours in science including one laboratory course. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional LIFE Scholarship stipend each year, the student must receive the underlying LIFE Scholarship for that year and must be making acceptable progress each year toward receiving a degree in his science or mathematics major. For purposes of meeting the required minimum level of instruction in mathematics and life and physical science courses during a student's freshman year, advanced placement courses in mathematics and life and physical sciences taken in high school on which the student scored high enough on the advanced placement test

Printed Page 953 . . . . . Wednesday, February 14, 2007

to receive credit at his institution and for which he received credit count toward the fulfillment of this minimum requirement./
Renumber sections to conform.
Amend title to conform.

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

Rep. HARRELL proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20129SD07), which was adopted:
Amend the bill, as and if amended, by striking subsection (B) of Section 59-104-25 of the 1976 Code, as contained in SECTION 1, and inserting:
/   (B)   The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at minimum shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, science education, math education, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines. Additionally, the Commission on Higher Education shall annually communicate with high school guidance counselors regarding the list of qualifying majors.   /
Amend the bill further, as and if amended, by striking subsection (B) of Section 59-149-15 of the 1976 Code, as contained in SECTION 2 and inserting:
/   (B)   The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at a minimum shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, science education, math education, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines. Additionally, the Commission on Higher Education shall annually communicate with high school guidance counselors regarding the list of qualifying majors. /
Renumber sections to conform.
Amend title to conform.

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


Printed Page 954 . . . . . Wednesday, February 14, 2007

Reps. SELLERS and SCOTT proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22728SJ07), which was adopted:
Amend the bill, as and if amended, after SECTION 2, by adding an appropriately numbered SECTION to read:
/   SECTION   ____.   Section 59-150-370 of the 1976 Code is amended to read:

"Section 59-150-370.   (A) SC HOPE Scholarships are hereby established and are provided by the State. These scholarships are authorized in an amount of up to two thousand five hundred dollars, plus a one hundred fifty three hundred dollar book allowance to cover the cost of attendance, as defined by the Commission on Higher Education by regulation, during the first year of attendance only, to an eligible student attending a four-year public or independent institution as defined in subsection (B) who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship.

(B)   For purposes of this chapter, a 'public or independent institution' that a student may attend to receive a SC HOPE Scholarship includes the following:

(1)   a South Carolina four-year public institution as defined in Section 59-103-5 and a four-year independent institution as defined in Section 59-113-50;

(2)   a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which is accredited by the Southern Association of Colleges and Secondary Schools; or an independent bachelor's level institution which is accredited by the New England Association of Colleges and Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter.

(C)   A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship except that a minimum Scholastic Aptitude Test (SAT) or ACT score and requisite class rank are not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section.


Printed Page 955 . . . . . Wednesday, February 14, 2007

(D)   These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced in subsection (B).

(E)   The Commission on Higher Education must promulgate regulations and establish procedures to administer the provisions of this section.

(F)   All institutions participating in the SC HOPE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education, which may audit these institutions to ensure compliance with this provision.

(G)(1)   A resident student who is at least a sophomore attending a four-year public or private institution of higher learning in this State, majoring in science or mathematics as defined below, and who received a HOPE Scholarship for his first year of attendance, shall receive the HOPE Scholarship and book allowance in the amounts pursuant to subsection (A) for his second year of attendance. A year is defined as thirty credit hours of instruction or its equivalent. To receive the HOPE Scholarship and book allowance for his second year of attendance, the student is required to have successfully completed a total of at least fourteen credit hours of instruction in mathematics and life and physical science courses with a minimum of six hours in mathematics and a minimum of six hours in life and physical science including one laboratory course. For purposes of meeting the required minimum level of instruction in mathematics and life and physical science courses during a student's first year, advanced placement courses in mathematics and life and physical sciences taken in high school on which the student scored high enough on the advanced placement test to receive credit at his institution and for which he received credit count toward the fulfillment of this minimum requirement.

(2)   The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at minimum shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines."/
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS explained the amendment.


Printed Page 956 . . . . . Wednesday, February 14, 2007

The amendment was then adopted.

Reps. MERRILL and HARRELL proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\20135SD07), which was adopted:
Amend the bill, as and if amended, by adding a new subsection to be appropriately lettered in Section 59-104-25 of the 1976 Code, as contained in Section 1, to read:
/   ( )   In addition, the amount of the Palmetto Fellows Scholarship for recipients who do not receive the enhanced stipend provided by this section beginning with the 2007 academic year shall be increased to an amount equal to that received by a LIFE scholarship recipient also receiving the enhanced stipend provided by Section 59-149-15.   /
Renumber sections to conform.
Amend title to conform.

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

Rep. GOVAN proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\11282AC07), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION   __.   Chapter 150, Title 59 of the 1976 Code is amended by adding:

"Section 59-150-372.   (A)   A resident student who is at least a sophomore attending a four-year public or private institution of higher learning in this State, majoring in science or mathematics as defined below, and who is receiving a HOPE Scholarship for his current year, shall receive an additional HOPE Scholarship stipend equal to the cost of attendance after applying all other scholarships or grants not to exceed one thousand two hundred fifty dollars each year for not more than three additional years of instruction including his sophomore year, if enrolled in a four-year degree program or for not more than four additional years of instruction including his sophomore year, if enrolled in a five-year degree program or enrolled in a 3 plus 2 program. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional HOPE Scholarship stipend each year, the student must receive the underlying HOPE Scholarship for that year and must be making satisfactory academic progress each year toward receiving a degree in his science or mathematics major. In addition,


Printed Page 957 . . . . . Wednesday, February 14, 2007

during his freshman year, the student is required to have successfully completed a total of at least fourteen credit hours of instruction in mathematics and life and physical science courses with a minimum of six hours in mathematics and a minimum of six hours in life and physical science including one laboratory course.

(B)   The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at minimum shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines.

(C)   This additional HOPE Scholarship stipend, if lost, may be regained in the same manner the underlying HOPE Scholarship, if lost, may be regained."
SECTION   __.   Chapter 113, Title 59 of the 1976 Code is amended by adding:

"Section 59-113-60.   (A)   A resident student who is at least a sophomore attending a four-year public or private institution of higher learning in this State, majoring in science or mathematics as defined below, and who is receiving a need-based grant pursuant to this chapter for his current year, shall receive an additional scholarship stipend equal to the cost of attendance after applying all other scholarships or grants not to exceed fifty percent of the amount of the original need-based grant the student receives each year for not more than three additional years of instruction including his sophomore year, if enrolled in a four-year degree program or for not more than four additional years of instruction including his sophomore year, if enrolled in a five-year degree program or enrolled in a 3 plus 2 program. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional scholarship stipend each year, the student must receive the underlying need-based grant for that year and must be making satisfactory academic progress each year toward receiving a degree in his science or mathematics major. In addition, during his freshman year, the student is required to have successfully completed a total of at least fourteen credit hours of instruction in mathematics and life and physical science courses with a minimum of six hours in mathematics and a minimum of six hours in life and physical science including one laboratory course.

(B)   The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at minimum


Printed Page 958 . . . . . Wednesday, February 14, 2007

shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines.

(C)   This additional need-based scholarship stipend, if lost, may be regained in the same manner the underlying need-based scholarship, if lost, may be regained."/
Renumber sections to conform.
Amend title to conform.

Rep. GOVAN explained the amendment.

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

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

H. 3295--AMENDED AND INTERRUPTED DEBATE

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, 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, Sandifer, Frye, Loftis and Hinson: 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


Printed Page 959 . . . . . Wednesday, February 14, 2007

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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9745HTC07), which was adopted:
Amend the bill, as and if amended, in Section 11-11-415(A)(1)(b), as contained in SECTION 1, page 2, line 16, by striking /calendar/ and inserting / federal fiscal / so that when amended, subitem (b) reads:

/ (b)   the adjusted base-year estimate increased by a percentage equal to the state's growth in population applied ratably over the period of the decennial United States census assuming a rate of increase equal to the rate in the most recently completed United States census for which population figures are available over the next preceding census and a percentage equal to the increase, if any, in the consumer price index in the most recently ended federal fiscal year, as determined by the Bureau of Labor Statistics of the United States Department of Labor. /
Amend further, in Section 11-11-415(A)(3), as contained in SECTION 1, page 2, line 30, by striking / February fifteenth/ and inserting / November tenth / so that when amended, item (3) reads:

/ (3)   The Office of Research and Statistics of the State Budget and Control Board, upon approval by the State Economist and in consultation with the director of the board's Office of State Budget, shall calculate and provide the appropriate percentages for population and consumer price index growth to the Ways and Means Committee of the House of Representatives and the Senate Finance Committee no later than November tenth of each year. /
Renumber sections to conform.
Amend title to conform.

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

Rep. COOPER explained the Bill.


Printed Page 960 . . . . . Wednesday, February 14, 2007

Rep. SKELTON spoke upon the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 3523 (Word version) -- Rep. Hart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-150 SO AS TO PROVIDE THAT A MANUFACTURER OF A NEW MOTOR VEHICLE THAT IS SOLD OR LEASED IN THIS STATE WHICH IS EQUIPPED WITH AN EVENT DATA RECORDER OR A SENSING AND DIAGNOSTIC MODULE SHALL DISCLOSE THIS INFORMATION IN THE MOTOR VEHICLE'S OWNER'S MANUAL AND ON ITS WINDOW STICKER, TO PROVIDE THAT A COMPANY THAT RENTS A MOTOR VEHICLE THAT IS EQUIPPED WITH THIS DEVICE MUST DISCLOSE ITS EXISTENCE IN THE COMPANY'S RENTAL AGREEMENT, TO PROVIDE A DEFINITION FOR THE TERM "RECORDING DEVICE", TO RESTRICT THE USE OF CERTAIN DATA OBTAINED BY A RECORDING DEVICE, AND TO PROVIDE THAT IF A VEHICLE IS EQUIPPED WITH A RECORDING DEVICE THAT IS CAPABLE OF RECORDING OR TRANSMITTING CERTAIN INFORMATION AND THAT CAPABILITY IS PART OF A SUBSCRIPTION SERVICE, THE FACT THAT THE INFORMATION MAY BE RECORDED OR TRANSMITTED MUST BE DISCLOSED IN THE SUBSCRIPTION SERVICE AGREEMENT.
Referred to Committee on Labor, Commerce and Industry

H. 3524 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-185 SO AS TO DEFINE CERTAIN TERMS, PROHIBIT THE USE OF CERTAIN SCAN-BACK OR SCAN-DOWN REBATES TO


Printed Page 961 . . . . . Wednesday, February 14, 2007

RETAILERS OF BEER, WINE, OR ALCOHOLIC LIQUORS, AND TO PROVIDE A PENALTY FOR A VIOLATION.
Referred to Committee on Judiciary

H. 3525 (Word version) -- Reps. Bedingfield, G. R. Smith, Pinson, J. H. Neal, F. N. Smith, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Brantley, Cato, Frye, Funderburk, Gullick, Haley, Harrell, Hart, Harvin, Haskins, Hodges, Howard, Kelly, Knight, Littlejohn, Mahaffey, Moss, Mulvaney, Neilson, J. R. Smith, W. D. Smith, Spires, Stavrinakis and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-950 SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN RELEASED FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED FOR FAILURE TO COMPLY WITH AN ORDER FOR SUPPORT MAY OBTAIN A SPECIAL ROUTE-RESTRICTED DRIVER'S LICENSE FROM THE DEPARTMENT OF MOTOR VEHICLES.
Referred to Committee on Judiciary

H. 3526 (Word version) -- Reps. Taylor, Brady, Bales, Bedingfield, Bowers, Branham, Chellis, Gullick, Hagood, Hardwick, Knight, Limehouse, Littlejohn, Mahaffey, Scarborough and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3477 SO AS TO ALLOW A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO ONE THOUSAND DOLLARS IN A TAXABLE YEAR FOR A TAXPAYER EMPLOYING AN APPRENTICE IN AN APPRENTICESHIP PROGRAM REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR, TO ALLOW UNUSED CREDIT TO CARRY FORWARD TO FIVE SUCCEEDING TAXABLE YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THIS CREDIT.
Referred to Committee on Ways and Means

H. 3527 (Word version) -- Reps. Crawford, Scarborough, F. N. Smith, Barfield, Clemmons, Duncan, Hardwick, Limehouse, Littlejohn, Mack, Moss, J. H. Neal, M. A. Pitts, Thompson and Young: A BILL TO AMEND SECTION 23-3-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS, SO AS TO REVISE THE


Printed Page 962 . . . . . Wednesday, February 14, 2007

DEFINITION OF "ACTIVE ELECTRONIC MONITORING DEVICE".
Referred to Committee on Judiciary

H. 3295--DEBATE ADJOURNED

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

H. 3295 (Word version) -- Reps. G. R. Smith, Harrell, Cooper, Ballentine, Huggins, Merrill, Chellis, Bannister, Stewart, G. M. Smith, Hardwick, 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, Sandifer, Frye, Loftis and Hinson: 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.

Rep. MCLEOD moved to adjourn debate on the Bill, which was agreed to.


Printed Page 963 . . . . . Wednesday, February 14, 2007

H. 3471--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

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

Rep. COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18761MM07), which was adopted:
Amend the joint resolution, as and if amended, Item (1) as found in SECTION 1, page 1, lines 24 and 25, by deleting the item in its entirety and inserting:
/   (1)   State Ports Authority

port access road         $138,000,000 /
Renumber sections to conform.
Amend title to conform.

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

Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18762MM07), which was tabled:
Amend the joint resolution, as and if amended, Item (1) as found in SECTION 1, page 1, lines 24 and 25, by deleting Item (1) in its entirety and inserting:
/   (1)   States Port Authority

port access road           $50,000,000 /
Amend the joint resolution further, SECTION 1, page 1, by inserting after line 34:
/   (6)   Department of Transportation

County Transportation Fund,

to be distributed

pursuant to Section

12-28-2740(A)           $88,000,000 /
Renumber sections to conform.
Amend title to conform.

Rep. RICE explained the amendment.
Rep. RICE spoke in favor of the amendment.
Rep. COOPER spoke against the amendment.


Printed Page 964 . . . . . Wednesday, February 14, 2007

Rep. COOPER moved to table the amendment.

The amendment was then tabled by a division vote of 48 to 21.

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

H. 3507--POINT OF ORDER

The following Bill was taken up:

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.

Rep. HAMILTON moved to adjourn debate on the Bill until Tuesday, March 20.

Rep. RICE moved to table the motion, which was agreed to.

POINT OF ORDER

Rep. HAMILTON 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.

ORDERED TO THIRD READING

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

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.

Rep. MILLER explained the Bill.


Printed Page 965 . . . . . Wednesday, February 14, 2007

H. 3326--RECALLED AND REFERRED TO
COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary:

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.

H. 3509--RECALLED AND REFERRED TO
COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

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

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, 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


Printed Page 966 . . . . . Wednesday, February 14, 2007

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".

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3397 (Word version) from the Committee on Judiciary.
Rep. HARRISON objected.

H. 3097--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

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


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The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22700SJ07), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/   SECTION   1.   Title 59 of the 1976 Code is amended by adding:

"CHAPTER 16
South Carolina Virtual School Program

Section 59-16-10.   (A)   The General Assembly finds that:

(1)   through the use of technology South Carolina can create educational opportunities for the students of this State that may not exist without this technology; and

(2)   using technology to deliver instruction can provide effective alternatives for credit recovery, meeting graduation requirements, resolving scheduling conflicts, delivering curriculum content when there is a shortage of certified personnel, providing a more flexible and individualized instructional pace, and offering low-incidence courses.

(B)   It is the purpose of the General Assembly in this chapter to establish the South Carolina Virtual School Program to ensure consistent high quality education for the students of South Carolina utilizing technology-delivered courses.

Section 59-16-15.   (a)   The State Board of Education is authorized to establish the South Carolina Virtual School Program to provide South Carolina students access to distance, on-line, or virtual learning courses offered for an initial unit of credit. The South Carolina Virtual School Program shall offer access to credit recovery programs for students who have been identified by a school district as not having received credit for a course previously taken or for students who have been identified by a school district as not likely to receive credit for a course in which the student is currently enrolled. Students may enroll in courses for credit recovery based on policies established by the State Board of Education. The South Carolina Virtual School Program may not award a South Carolina High School Diploma.

(b)   A public, private, or home school student residing in South Carolina who is twenty-one years of age or younger is eligible to enroll in the South Carolina Virtual School Program. However, public school students must be given enrollment priority. A private school or home school student enrolled in the South Carolina Virtual School Program must not be entitled to any rights, privileges, courses, activities, or


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services available to a public school student other than receiving an appropriate unit of credit for a completed course.

(c)   Students may be awarded a maximum of three on-line initial credits in a school year, and no more than twelve initial on-line credits throughout high school. However, the State Board of Education shall establish an appeals process whereby students may be granted a waiver to exceed the established limit.

(d)   Local school districts shall accurately transcribe a student's final numeric grade to the student's permanent record and transcript. Home school students and private school students shall receive a certified grade report indicating date, course, and final numeric grade from the South Carolina Virtual School Program or an entity approved by the State Board of Education.

(e)   Students enrolled in an on-line course for a unit of credit must be administered appropriate state assessments in a proctored environment.

(f)   It is not the responsibility of the school, district, or state to provide home computer equipment and internet access for enrollment in courses provided by the South Carolina Virtual School Program. However, nothing in this section shall prohibit a school or district from providing home computer equipment or internet access to students enrolled in the South Carolina Virtual School Program.

Section 59-16-20.   (a)   The South Carolina Virtual School Program must be housed in and managed by the State Department of Education. The department may contract for distance learning courses, develop courses, or approve courses submitted by entities.

(b)   Each course offered for a unit of credit must be reviewed for correlation with the state adopted academic standards before being offered.

(c)   All distance, on-line, or virtual learning courses offered for a unit of credit must be aligned with the state adopted academic standards, include appropriate course materials, and be approved by the state department of education.

(d)   Instructors must hold a valid teaching certificate in each content area being taught or receive approval from the State Department of Education to teach the course.

(e)   All virtual school teachers must receive appropriate pre-service and in-service training pertaining to the organization, classroom management, technical aspects, monitoring of student assessment, and other pertinent training from the State Department of Education.


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Section 59-16-30.   As used in this chapter:

(1)   'distance learning' means the acquisition of knowledge and skills through mediated information and instruction, encompassing all technologies and other forms of learning at a distance. Distance learning includes on-line and virtual courses.

(2)   'on-line learning' means learning delivered by web-based or internet-based technologies.

(3)   'proctored' means directly monitored by an adult authorized by the South Carolina virtual school.

(4)   'virtual classroom' means the on-line learning space where students and instructors interact.

(5)   'school year' means the one hundred eighty days of student instruction required pursuant to Section 59-1-420 and student instruction received as part of a summer school program.

(6)   'credit recovery' means self-paced, semester-long courses that target learning in areas of greatest weakness, allowing nontraditional or at-risk students to rapidly complete courses, recover credits, and progress to graduation.

Section 59-16-40.   The State Board of Education shall develop guidelines and promulgate regulations to include, but must not be limited to, the following:

(1)   procedures and criteria to be used for the selection of on-line courses to be offered for a unit of credit;

(2)   qualifications and registration requirements of students who may enroll in on-line courses to include provisions outlining the enrollment of students who have been expelled from school;

(3)   procedures for private and home school students to enroll in courses offered;

(4)   teacher qualifications and the student-to-teacher ratio for on-line courses;

(5)   appropriateness and provisions for charging tuition and fees;

(6)   procedures for establishing uniform evaluation of student progress and awarding of the final grade;

(7)   process for maintaining student records and reporting and recording grades on the student's transcript;

(8)   procedures and requirements for employment, supervision, and evaluation of teachers;

(9)   procedures and requirements for supervision, monitoring, assessment, and evaluation of enrolled students; and

(10)   student expectations.


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Section 59-16-50.   Through the use of an on-line pilot program, the State Department of Education shall examine the feasibility of providing services of the South Carolina Virtual School Program to students enrolled in adult education programs and shall make recommendations to the General Assembly by January 1, 2008.

Section 59-16-60.   Annually the State Board of Education shall provide the General Assembly a report that shall include, but not be limited to, the following information:

(1)   list of courses offered through the virtual school;

(2)   number of local school districts and number of the district students participating in the virtual school;

(3)   private schools and number of the private school students participating in the virtual school;

(4)   number of home school students participating in the virtual school;

(5)   success rates for students by courses enrolled in the virtual school;

(6)   number of students who dropped a course and reasons for dropping;

(7)   expenditures made for the virtual school; and

(8)   number of students unable to enroll because of space limitations.

Section 59-16-70.   At the end of each semester the State Department of Education shall provide student records, including course grades and performance on state assessments, to the Education Oversight Committee. The Education Oversight Committee shall monitor the impact of credits earned in the virtual school on the school and district ratings with particular attention to performance on end-of-course examinations and graduation rates."
SECTION   2.   Chapter 40, Title 59 of the 1976 Code is amended by adding:

"Section 59-40-65.   (a)   If the governing body of a charter school offers as part of its curriculum a program of on-line or computer instruction this information must be included in the application and the governing body shall:

(1)   provide each student enrolled in the program with a course or courses of on-line or computer instruction approved by the State Department of Education that must meet or exceed the South Carolina content and grade specific standards. Students enrolled in the program of on-line or computer instruction shall receive all instructional materials required for the student's program;


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(2)   ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules, and policies of the charter school;

(3)   ensure that each course offered through the program is taught by a teacher meeting the requirements of Section 59-40-50;

(4)   ensure that a parent or legal guardian of each student verifies the number of hours of educational activities completed by the student each school year;

(5)   adopt a plan by which it will provide:

(a)   frequent, ongoing monitoring to ensure and verify that each student is participating in the program, including at least two proctored assessments per semester in core subjects graded or evaluated by the teacher, and at least bi-weekly parent-teacher conferences in person or by telephone. However, no more than twenty-five percent of the conferences may occur by telephone;

(b)   regular instructional opportunities in person to students outside the student's residence that are directly related to the school's curricular objectives, to include, but not limited to, meetings with teachers and educational field trips and outings;

(c)   verification of ongoing student attendance in the program; and

(d)   verification of ongoing student progress and performance in each course as documented by ongoing assessments and examples of student coursework; and

(6)   administer to all students in a proctored setting all applicable assessments as required by the South Carolina Education Accountability Act.

(b)   Nothing in this section shall prohibit a charter school that provides a program of on-line or computer instruction from reimbursing families of enrolled students for costs associated with their internet connection for use in the program.

(c)   A charter school shall provide no more than seventy-five percent of a student's core academic instruction in kindergarten through twelfth grade via an on-line or computer instruction program. The twenty-five percent of the student's core academic instruction may be met through the regular instructional opportunities outlined in subitem (a)(5)(b).

(d)   Charter school students may enroll in the South Carolina Virtual School Program pursuant to program requirements."
SECTION   3.   This act takes effect upon approval by the Governor./


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Renumber sections to conform.
Amend title to conform.

Rep. WHITMIRE explained the amendment.
Rep. GOVAN spoke in favor of the amendment.
The amendment was then adopted.

Rep. OWENS proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\20123SD07):
Amend the bill, as and if amended, in Section 59-16-15(B), as contained in SECTION 1, by striking the second sentence of the subsection which reads: /However, public school students must be given enrollment priority./
Renumber sections to conform.
Amend title to conform.

Rep. OWENS explained the amendment.
Rep. WHITMIRE spoke against the amendment.
Rep. OWENS spoke in favor of the amendment.

Rep. WALKER moved to table the amendment.

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

Yeas 49; Nays 56

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Battle                 Bowers                 Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Coleman
Cotty                  Funderburk             Govan
Hamilton               Hart                   Harvin
Hayes                  Hodges                 Hosey
Jefferson              Kelly                  Knight
Mack                   Mahaffey               McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Ott
Parks                  Pinson                 E. H. Pitts
Rutherford             Scott                  Sellers
Skelton                D. C. Smith            G. R. Smith

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Spires                 Stavrinakis            Talley
Vick                   Walker                 Whitmire
Williams

Total--49

Those who voted in the negative are:

Agnew                  Bales                  Bannister
Bedingfield            Bingham                Bowen
Brady                  Cato                   Ceips
Chalk                  Chellis                Cooper
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gambrell               Gullick
Hagood                 Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Hiott                  Huggins
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Merrill
Mulvaney               Neilson                Owens
Perry                  M. A. Pitts            Rice
Sandifer               Scarborough            Shoopman
G. M. Smith            J. R. Smith            W. D. Smith
Stewart                Taylor                 Thompson
Toole                  Viers                  White
Witherspoon            Young

Total--56

So, the House refused to table the amendment.

Rep. WALKER spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.

Rep. WALKER moved to adjourn debate on the Bill until Thursday, February 15, which was agreed to.

RECURRENCE TO THE MORNING HOUR

Rep. G. R. SMITH moved that the House recur to the Morning Hour, which was agreed to.


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INTRODUCTION OF BILLS

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

H. 3528 (Word version) -- Reps. M. A. Pitts, Stewart, G. M. Smith, Merrill, Bedingfield, Perry, Davenport, Bingham, Brantley, Chellis, Delleney, Hinson, Jefferson, Knight, Lowe, Mulvaney, J. M. Neal, Ott, Owens, Stavrinakis, Toole, Vick, White, Williams and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO RESTRICT THE CIRCUMSTANCES UPON WHICH THE STATE LAW ENFORCEMENT DIVISION MAY RELEASE ITS LIST OF PERMIT HOLDERS.
Referred to Committee on Judiciary

H. 3529 (Word version) -- Reps. F. N. Smith, Davenport, Haskins, Bannister, Bedingfield, Brantley, Cato, Chellis, Coleman, Hagood, Hardwick, Harrison, Hodges, Howard, Mitchell, J. H. Neal, Shoopman, G. M. Smith, W. D. Smith, Stavrinakis and Walker: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PERMITS FOR THE SALE OF BEER OR WINE, AND SECTION 61-6-110, RELATING TO REQUIREMENTS FOR LICENSES FOR THE SALE OF ALCOHOLIC LIQUORS, BOTH SO AS TO REQUIRE THAT THE APPLICANT VERIFY INSURANCE LIABILITY COVERAGE.
Referred to Committee on Judiciary

H. 3530 (Word version) -- Reps. Hosey, Anderson, Breeland, Clyburn, Hodges, Howard, Jefferson and Parks: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM PROVISIONS OF LAW PERTAINING TO STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE, SO AS TO EXEMPT A FACILITY ONLY FOR ENDOSCOPY AND LOCATED IN A PRIMARY CARE HEALTH PROFESSIONAL SHORTAGE AREA (HPSA) FROM STATE CERTIFICATE OF NEED REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs


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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3470 (Word version) -- Reps. Funderburk and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. AND MRS. GRADY NEWMAN ON THE HAPPY OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO WISH THEM ALL THE BEST IN THE COMING YEARS.

H. 3475 (Word version) -- Reps. Witherspoon, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FUTURE FARMERS OF AMERICA (FFA) MEMBERS AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION DURING NATIONAL FUTURE FARMERS OF AMERICA WEEK, FEBRUARY 17-24, 2007.

H. 3489 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO HONOR AND COMMEND AUSTIN AND SALLY BROWN OF CAMDEN, FOR THEIR DECADES OF SELFLESS EFFORT AND ONGOING COMMITMENT TO THE CITY OF CAMDEN AND


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KERSHAW COUNTY, RESULTING IN IMMEASURABLE CONTRIBUTIONS TO THE BETTERMENT OF LIFE FOR ALL WHO LIVE THERE, AND TO WISH THEM MUCH HAPPINESS AND SUCCESS IN ALL THEIR FUTURE ENDEAVORS.

ADJOURNMENT

At 12:55 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Dr. Paul Ariel Wood of Camden, to meet at 10:00 a.m. tomorrow.

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