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


Printed Page 1571 . . . . . Wednesday, March 5, 2008

Wednesday, March 5, 2008
(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 Philippians 2:14-15: "Do all things without murmuring and arguing--shine like stars in the world."
Let us pray. Heavenly Father, as You have called these individuals to service in Your kingdom, cause them to be obedient, knowing that You are working in them. Let them shine by doing all things without murmuring and arguing. By the power of Your spirit with us, and by our uncomplaining obedience, we can be lights to the world, both willing and able to work for the people in this State. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O 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. WEEKS moved that when the House adjourns, it adjourn in memory of Clifton Clark of Sumter, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Senator Lewis Vaughn who is undergoing surgery today.


Printed Page 1572 . . . . . Wednesday, March 5, 2008

INVITATION

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

March 5, 2008
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 SC Chiropractic Assoc., the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, April 3, 2008, from 7:30 a.m. until 9:30 a.m. at the Hilton.

Sincerely,
Nicki S. Davis
Executive Director

HOUSE RESOLUTION

The following was introduced:

H. 4803 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO HONOR CARSON COX OF HORRY COUNTY FOR HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT, AND TO CONGRATULATE HIM ON BEING NAMED WINNER OF A 2008 PRUDENTIAL SPIRIT OF COMMUNITY AWARD.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4804 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor and Anthony: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE ENOREE RIVER ALONG SOUTH CAROLINA HIGHWAY 56 IN LAURENS AND UNION COUNTIES "THE BATTLE OF MUSGROVE'S MILL MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT


Printed Page 1573 . . . . . Wednesday, March 5, 2008

THIS BRIDGE THAT CONTAIN THE WORDS "THE BATTLE OF MUSGROVE'S MILL MEMORIAL BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

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

H. 4805 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 21, 2008, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 9, TO FILL THE UNEXPIRED TERM OF THAT OFFICE, WHICH EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2016; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2016.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 21, 2008, at 12:00 noon to elect a successor to the Honorable John W. Kittredge, Judge of the Court of Appeals, Seat 3, to fill the unexpired term which expires June 30, 2013; to elect a successor to the Honorable Ralph King Anderson, Jr., Judge of the Court of Appeals, Seat 9, upon his retirement on or before December 31, 2008, to fill the unexpired term which expires June 30, 2010, and the subsequent full term which expires June 30, 2016; and to elect a successor to the Honorable Aphrodite K. Konduros, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 3, to fill the unexpired term which expires June 30, 2010, and the subsequent full term which expires June 30, 2016.


Printed Page 1574 . . . . . Wednesday, March 5, 2008

Be it further resolved that all nominations must be made by the chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.

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

HOUSE RESOLUTION

The following was introduced:

H. 4806 (Word version) -- Reps. Stavrinakis, Limehouse, Hagood and Miller: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE MEMBERS OF THE WANDO HIGH SCHOOL GIRLS TENNIS TEAM FOR AN UNDEFEATED SEASON, AND TO CONGRATULATE THE TEAM AND THE COACHES FOR SECURING THE 2007 CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4807 (Word version) -- Reps. Stavrinakis, Limehouse, Hagood and Miller: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WANDO HIGH SCHOOL GIRLS TENNIS TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2007 CLASS AAAA STATE 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 Wando High School tennis team, coaches, and school officials, at a date and time to be determined by


Printed Page 1575 . . . . . Wednesday, March 5, 2008

the Speaker, for the purpose of being recognized and commended for capturing the 2007 Class AAAA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4808 (Word version) -- Reps. Harvin, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF TANINGRA PATRIESE FRIERSON-CAESAR OF CLARENDON COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4809 (Word version) -- Reps. Hart, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland,


Printed Page 1576 . . . . . Wednesday, March 5, 2008

G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF HENRY ELIAS FRASIER OF RICHLAND COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY, CHURCH, MANY FRIENDS, AND COMMUNITY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1166 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION CONGRATULATING FRANCES LAVINIA PEEBLES BYARS ON THE OCCASION OF HER NINETIETH BIRTHDAY AND THANKING HER FOR HER INSPIRATION, STRONG MORALS, HARD WORK, AND DEDICATION TO HER CHURCH AND COMMUNITY THROUGHOUT THE YEARS.

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


Printed Page 1577 . . . . . Wednesday, March 5, 2008

ROLL CALL

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

Alexander              Allen                  Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Cato                   Chalk                  Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Dantzler
Delleney               Duncan                 Edge
Erickson               Frye                   Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hosey                  Howard
Hutson                 Jefferson              Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Walker
Weeks                  Whipper                White
Whitmire               Williams               Witherspoon
Young


Printed Page 1578 . . . . . Wednesday, March 5, 2008

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 5.

Paul Agnew                        Laurie Funderburk
Thad Viers                        Douglas Jennings
Bakari Sellers                    Alan D. Clemmons
Ted Vick                          G. Murrell Smith
Ralph Davenport                   Carl Anderson
Chip Huggins                      Joseph Neal

Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. W. D. SMITH a leave of absence for the day due to official business.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.

STATEMENT OF ATTENDANCE

Rep. VICK signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 4.

STATEMENT FOR THE JOURNAL

I was unable to attend yesterday's Session, due to a medical procedure.

Rep. Creighton Coleman

DOCTOR OF THE DAY

Announcement was made that Dr. Benjamin Nicholson of Edgefield was the Doctor of the Day for the General Assembly.


Printed Page 1579 . . . . . Wednesday, March 5, 2008

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:

"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3912 (Word version)
Date:   ADD:
03/05/08   BALES

CO-SPONSOR ADDED

Bill Number:   H. 4594 (Word version)
Date:   ADD:
03/05/08   BALES

CO-SPONSOR ADDED

Bill Number:   H. 4601 (Word version)
Date:   ADD:
03/05/08   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 4735 (Word version)
Date:   ADD:
03/05/08   BEDINGFIELD


Printed Page 1580 . . . . . Wednesday, March 5, 2008

CO-SPONSOR ADDED

Bill Number:   H. 4735 (Word version)
Date:   ADD:
03/05/08   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 4735 (Word version)
Date:   ADD:
03/05/08   BALES

CO-SPONSOR ADDED

Bill Number:   H. 4735 (Word version)
Date:   ADD:
03/05/08   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 4735 (Word version)
Date:   ADD:
03/05/08   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4620 (Word version)
Date:   ADD:
03/05/08   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 4745 (Word version)
Date:   ADD:
03/05/08   KNIGHT

CO-SPONSOR ADDED

Bill Number:   H. 4762 (Word version)
Date:   ADD:
03/05/08   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4705 (Word version)
Date:   ADD:
03/05/08   R. BROWN


Printed Page 1581 . . . . . Wednesday, March 5, 2008

CO-SPONSOR ADDED

Bill Number:   H. 3094 (Word version)
Date:   ADD:
03/05/08   CLEMMONS

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 668 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-11-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF CHAPTER 11, TITLE 40 (CONTRACTORS LICENSING ACT), SO AS TO EXEMPT A PROJECT IF IT IS A METAL FARM BUILDING LESS THAN FIVE THOUSAND SQUARE FEET USED ONLY FOR LIVESTOCK OR STORAGE.

SENT TO THE SENATE

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

H. 4350 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-26 SO AS TO DEFINE THE TERM "LANDSCAPE SERVICE" AND TO PROVIDE THAT A PERSON WHO PROVIDES A LANDSCAPE SERVICE ON A PARCEL OR REAL ESTATE BY VIRTUE OF AN AGREEMENT WITH THE OWNER OF THE REAL ESTATE, AND TO WHOM A DEBT IS DUE FOR HIS PERFORMANCE OF THE LANDSCAPING SERVICE, HAS A MECHANICS' LIEN ON THE REAL ESTATE TO SECURE PAYMENT OF DEBT DUE TO HIM.

H. 4065 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 62-1-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE PROBATE COURT, SO AS TO ADD THE WORD "GENERAL" BEFORE "PERSONAL REPRESENTATIVES" IN CONNECTION WITH FORMAL PROCEEDINGS FOR THEIR APPOINTMENT.

H. 3906 (Word version) -- Reps. Witherspoon and Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 1582 . . . . . Wednesday, March 5, 2008

SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.

H. 4334 (Word version) -- Reps. J. M. Neal, Harrell, Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey, Moss, Mulvaney and Knight: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION.

H. 3803 (Word version) -- Reps. Haley and Kirsh: A BILL TO AMEND SECTION 40-13-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE PROFESSION OF COSMETOLOGY, SO AS TO DELETE REFERENCES TO CERTAIN PRACTICES THAT CONSTITUTE THE PRACTICE OF COSMETOLOGY.

H. 4767 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING NURSING HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


Printed Page 1583 . . . . . Wednesday, March 5, 2008

H. 3395 (Word version) -- Reps. Funderburk, Toole, Stavrinakis and Sandifer: A JOINT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA ENERGY OFFICE AND THE OFFICE OF REGULATORY STAFF SHALL PROVIDE A REPORT TO THE GENERAL ASSEMBLY NOT LATER THAN OCTOBER 1, 2007, THAT RECOMMENDS PROCESS AND PROCEDURES FOR ESTABLISHING NET METERING PROGRAMS AT ALL DISTRIBUTION ELECTRIC UTILITIES IN SOUTH CAROLINA, INCLUDING INVESTOR-OWNED ELECTRIC UTILITIES, ELECTRIC COOPERATIVES, MUNICIPAL-OWNED ELECTRIC UTILITIES, AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.

H. 4345--SENT TO THE SENATE

The following Bill was taken up:

H. 4345 (Word version) -- Reps. W. D. Smith and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-515 SO AS TO PROVIDE THAT UNDER THE STATE REVENUE APPEALS PROCEDURE, A TAXPAYER IS CONSIDERED TO HAVE EXHAUSTED HIS PREHEARING REMEDY WHEN THE DEPARTMENT OF REVENUE FAILS TO ISSUE A PROPOSED ASSESSMENT OR DETERMINATION WITHIN A SPECIFIED PERIOD, TO PROVIDE THAT THE TAXPAYER MUST REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT WITHIN A SPECIFIED PERIOD, TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT MAY REMAND THE CASE TO THE DEPARTMENT OF REVENUE FOR A PROPOSED ASSESSMENT, DETERMINATION ON A REFUND CLAIM, OR FINAL AGENCY DETERMINATION, IN CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TAXPAYER MAY REQUEST THE ADMINISTRATIVE LAW COURT PLACE THE CONTESTED CASE BACK ON THE COURT'S ACTIVE DOCKET WITHIN A SPECIFIED PERIOD, AND TO REQUIRE THE DEPARTMENT OF REVENUE NOTIFY A TAXPAYER WHO FILES A WRITTEN PROTEST UNDER THIS CHAPTER OF HIS RIGHTS UNDER THIS SECTION.


Printed Page 1584 . . . . . Wednesday, March 5, 2008

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

Yeas 97; Nays 0

Those who voted in the affirmative are:

Alexander              Allen                  Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               Cato
Chalk                  Clemmons               Clyburn
Coleman                Cooper                 Cotty
Crawford               Dantzler               Delleney
Duncan                 Erickson               Frye
Funderburk             Govan                  Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Hayes                  Herbkersman            Hosey
Hutson                 Jefferson              Jennings
Kelly                  Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
McLeod                 Merrill                Miller
Mitchell               Moss                   Mulvaney
J. M. Neal             Neilson                Ott
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Talley
Taylor                 Thompson               Umphlett
Viers                  Weeks                  Whipper
White                  Whitmire               Witherspoon
Young

Total--97


Printed Page 1585 . . . . . Wednesday, March 5, 2008

Those who voted in the negative are:

Total--0

So, the Bill was read the third time and ordered sent to the Senate.

ORDERED ENROLLED FOR RATIFICATION

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

S. 1005 (Word version) -- Senators Lourie, Scott, Courson, Jackson, Fair, Malloy, Anderson, Campbell, Hutto, Massey, Matthews, Ritchie and Knotts: A BILL TO AMEND SECTION 44-43-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE RESTRICTIONS FOR BLOOD DONORS, SO AS TO PROVIDE A PERSON SIXTEEN YEARS OF AGE MAY DONATE BLOOD WITH THE CONSENT OF HIS PARENT OR GUARDIAN.

S. 1109 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3179, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4620--REQUESTS FOR DEBATE

The following Joint Resolution was taken up:

H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker, White, Stavrinakis, Bedingfield, G. R. Smith, Hart and Viers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO


Printed Page 1586 . . . . . Wednesday, March 5, 2008

BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

Be it enacted by the General Assembly of the State of South Carolina:

Part I
Adjutant General

SECTION   1.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."

SECTION   2.   It is proposed that Section 4, Article XIII of the Constitution of this State be amended to read:


Printed Page 1587 . . . . . Wednesday, March 5, 2008

"Section 4.   There shall must be an Adjutant and Inspector General elected by the qualified electors of the State at the same time and in the same manner as other state officers, who shall rank as Brigadier Major General, and whose duties and compensation shall be are prescribed by law. The Governor shall, by and with the advice and consent of the Senate, shall appoint such other staff officers as the General Assembly may direct.

Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor in the manner provided in Section 7, Article VI."

SECTION   3.   The proposed amendments in Sections 1 and 2 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers and Section 4, Article XIII relating to the Adjutant General and his staff officers be amended so as to update references to his title and military rank, delete the Adjutant General from the list of state officers which the Constitution requires to be elected, and provide that upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of this provision, the Adjutant General must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."


Printed Page 1588 . . . . . Wednesday, March 5, 2008

Part II
Commissioner of Agriculture

SECTION   4.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of the provisions of this paragraph, the Commissioner of Agriculture must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."

SECTION   5.   The proposed amendment in Section 4 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Commissioner of Agriculture from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of this provision, the commissioner must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."


Printed Page 1589 . . . . . Wednesday, March 5, 2008

Part III
Secretary of State

SECTION   6.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."

SECTION   7.   The proposed amendment in Section 6 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the Secretary of State must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Part IV

Superintendent of Education and
State Board of Education


Printed Page 1590 . . . . . Wednesday, March 5, 2008

SECTION   8.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."

SECTION   9.   The proposed amendment in Section 8 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION   10.   It is proposed that Section 1, Article XI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Effective upon the State Superintendent of Education being appointed by the Governor as provided in this Constitution, the State Board of Education is abolished."


Printed Page 1591 . . . . . Wednesday, March 5, 2008

SECTION   11.   The proposed amendment in Section 10 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 1, Article XI of the Constitution of this State, relating to the State Board of Education, be amended so as to abolish the board effective upon the State Superintendent of Education being appointed by the Governor?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Reps. OTT, WHIPPER, SELLERS, WEEKS, MERRILL, KNIGHT, COBB-HUNTER, FRYE, BINGHAM, COTTY, SANDIFER, UMPHLETT, HOSEY, CLYBURN, OWENS, JENNINGS, MCLEOD, BOWEN, HART, JEFFERSON, R. BROWN, VICK, STAVRINAKIS, BEDINGFIELD, J. R. SMITH, STEWART, LEACH, SHOOPMAN, ALLEN, BRANTLEY, F. N. SMITH, MACK, DAVENPORT, ANTHONY, WITHERSPOON, HASKINS, HARDWICK, MITCHELL, CRAWFORD, LOWE, YOUNG, BREELAND and DUNCAN requested debate on the Joint Resolution.

H. 4601--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

H. 4601 (Word version) -- Reps. W. D. Smith, Cobb-Hunter, Talley, Hagood, Scott, Viers, Mitchell, Clemmons and Whipper: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE CRIME VICTIM'S ADVISORY BOARD TO AUTHORIZE ADDITIONAL COUNSELING FOR VICTIMS BASED ON DOCUMENTED NEED; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA FACSIMILE OR OTHER ELECTRONIC


Printed Page 1592 . . . . . Wednesday, March 5, 2008

MEANS; TO AMEND ARTICLE 14, CHAPTER 3 OF TITLE 16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE THE PROGRAM SO AS TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, TO CREATE THE VICTIM SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, AND TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMSBUDSMAN AND ESTABLISH CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME VICTIMS' OMSBUDSMAN TO PROMULGATE NECESSARY REGULATIONS.

Rep. WHITE proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7550AHB08), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 16-3-1180(A)(1), as contained in SECTION 1, and inserting:
/ "(1)   reasonable and customary charges as periodically determined by the board for medical services, including mental health counseling, required and rendered as a direct result of the injury on which the claim is based, as long as these services are rendered by a licensed professional. Payment for mental health counseling is limited to the number of sessions during a one hundred eighty-day period beginning on the date of the first counseling session or twenty sessions, whichever is greater;. Upon recommendation of the director, the board may allow victims who max out the current benefit of twenty mental health counseling sessions to request up to an additional twenty sessions for a total of forty sessions;" /
Renumber sections to conform.
Amend title to conform.

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

Rep. WHITE proposed the following Amendment No. 3 (Doc Name COUNCIL\MS\7549AHB08), which was adopted:


Printed Page 1593 . . . . . Wednesday, March 5, 2008

Amend the bill, as and if amended, by deleting in its entirety Section 16-3-1400, as contained in SECTION 3, and inserting:
/ Section 16-3-1400.   For the purpose of this article,:

(1)   'victim service provider' means a person charged through his job description with providing direct services to victims of crime; and

(2)   'witness' means any person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has yet been commenced. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4578--REQUESTS FOR DEBATE

The following Joint Resolution was taken up:

H. 4578 (Word version) -- Reps. Harrison, Hagood, Talley, W. D. Smith and G. R. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 19 SO AS TO AUTHORIZE THE GENERAL ASSEMBLY, BY SPECIAL OR LOCAL LAW, TO ABOLISH A SPECIAL OR PUBLIC SERVICE DISTRICT AND TRANSFER ITS ASSETS AND LIABILITIES TO AN ASSUMING SERVICE PROVIDER.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1. It is proposed that Article VIII of the Constitution of this State be amended by adding:

"Section 19.   (A)   For purposes of this section, 'special or public service district' and 'assuming service provider' are as defined by the General Assembly by general law.


Printed Page 1594 . . . . . Wednesday, March 5, 2008

(B)   Notwithstanding another provision of this Constitution, the General Assembly, by special or local law, may abolish a special or public service district created by the General Assembly, by local or special law, and transfer its assets and liabilities to an assuming service provider."

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article VIII of the Constitution of this State be amended by adding Section 19 so as to authorize the General Assembly, by local or special law, to abolish a special or public service district and transfer its assets and liabilities to an assuming service provider?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. HAGOOD explained the Joint Resolution.

Reps. RICE, CHALK, COTTY, SKELTON, UMPHLETT, DANTZLER, OWENS, WHITE, FUNDERBURK, SCOTT, SANDIFER, PINSON, KNIGHT, ANDERSON, MILLER, MAHAFFEY, HARDWICK, BRANTLEY, DAVENPORT, SHOOPMAN, BANNISTER, CATO, HASKINS and J. R. SMITH requested debate on the Joint Resolution.

S. 110--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 110 (Word version) -- Senators Thomas, Elliott, Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 22, TITLE 17 AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL


Printed Page 1595 . . . . . Wednesday, March 5, 2008

RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7533AHB08):
Amend the bill, as and if amended, by deleting Section 17-22-310, as contained in SECTION 3, pages 1 and 2, and inserting:
/ Section 17-22-310.   Applications for expungement of all criminal records must be administered by the solicitor's office in each circuit in the State as authorized pursuant to:

(1)   Section 34-11-90(e), first offense misdemeanor fraudulent check;

(2)   Section 44-53-450(b), conditional discharge for simple possession of marijuana or hashish;

(3)   Section 22-5-910, first offense conviction in magistrates court;

(4)   Section 22-5-920, Youthful Offender Act;

(5)   Section 56-5-750(f), first offense failure to stop when signaled by a law enforcement vehicle;

(6)   Section 17-22-150(a), pretrial intervention;

(7)   Section 17-1-40, criminal records destruction;

(8)   Section 20-7-8525, juvenile expungements;

(9)   Section 17-22-530(a), alcohol education program; and

(10)   any other statutory authorization. /
Amend the bill further, by deleting Section 17-22-350(A), as contained in SECTION 3, page 2, lines 37 through 41, and inserting:
/ Section 17-22-350.   (A)   The solicitor's office shall implement policies and procedures consistent with this article to ensure that the expungement process is properly conducted. This includes, but is not limited to: /
Amend the bill further, by deleting Section 17-22-350(C), as amended in SECTION 3, page 3, lines 28 through 34, and inserting:
/ (C)   In cases when charges are sought to be expunged pursuant to Section 17-22-150(a), 17-22-530(a), 22-5-910, or 44-53-450(b), the circuit pretrial intervention director, alcohol education program director, or summary court judge shall attest by signature on the application to the eligibility of the charge for expungement before either the solicitor or his designee and then the circuit court judge, or


Printed Page 1596 . . . . . Wednesday, March 5, 2008

the family court judge in the case of a juvenile, signs the application for expungement. /
Amend the bill further, by deleting Section 17-22-350(I) and (J), as contained in SECTION 3, page 5, lines 5 through 12, and inserting:
/ (I)   The solicitor or his designee has the discretion to waive the two-hundred-fifty-dollar fee only in those cases when it is determined that a person has been falsely accused of a crime as a result of identity theft.

(J)   Each solicitor's office shall maintain a record of all fees collected related to the expungement of criminal records, which must be made available to the chairmen of the House and Senate Judiciary Committees." /
Amend the bill further, by deleting SECTION 6 in its entirety and inserting:
/ SECTION   6.   Chapter 1, Title 17 of the 1976 Code is amended by adding:

"Section 17-1-45.   South Carolina Court Administration shall include on all bond paperwork and courtesy summons the following notice:

'If the charges that have been brought against you are discharged, dismissed, or nol prossed or if you are found not guilty, you may file an application with the circuit solicitor to have your record expunged, at no cost to you, for one year after the date of disposition of your case.' "
SECTION   7.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.

Reps. WHIPPER, CRAWFORD, MACK, G. R. SMITH, OTT, HAYES, J. R. SMITH, BEDINGFIELD, BREELAND, CLEMMONS, BANNISTER, YOUNG, LOWE, HOSEY, UMPHLETT, TOOLE, SCOTT, ANTHONY and COTTY requested debate on the Bill.

RECURRENCE TO THE MORNING HOUR

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


Printed Page 1597 . . . . . Wednesday, March 5, 2008

H. 4601--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4601 (Word version) -- Reps. W. D. Smith, Cobb-Hunter, Talley, Hagood, Scott, Viers, Mitchell, Clemmons and Whipper: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE CRIME VICTIM'S ADVISORY BOARD TO AUTHORIZE ADDITIONAL COUNSELING FOR VICTIMS BASED ON DOCUMENTED NEED; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA FACSIMILE OR OTHER ELECTRONIC MEANS; TO AMEND ARTICLE 14, CHAPTER 3 OF TITLE 16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE THE PROGRAM SO AS TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, TO CREATE THE VICTIM SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, AND TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMSBUDSMAN AND ESTABLISH CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME VICTIMS' OMSBUDSMAN TO PROMULGATE NECESSARY REGULATIONS.

Rep. WHITE proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\7554AHB08), which was adopted:
Amend the bill, as and if amended, by deleting Section 16-3-1410(A), as contained in SECTION 3, lines 4 through 7, and inserting:
/ (A)   The Victim Compensation Fund is authorized to provide the following victim assistance services, contingent upon an appropriation of funds therefor by the General Assembly the availability of funds: /
Renumber sections to conform.
Amend title to conform.


Printed Page 1598 . . . . . Wednesday, March 5, 2008

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

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

H. 4735--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK TO MAKE ALL NECESSARY FILINGS WITH THE FEDERAL COMMUNICATIONS COMMISSION AS SOON AS PRACTICABLE, TO INDICATE AN INTENTION TO RETAIN LICENSES CURRENTLY OPERATED BY THE EDUCATIONAL TELEVISION NETWORK AND AN INTENTION TO FORM A PUBLIC/PRIVATE PARTNERSHIP TO COMPLETE THE NECESSARY TRANSITION FROM AN ANALOG TO DIGITAL SYSTEM, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO HIRE A NATIONALLY-RECOGNIZED TELECOMMUNICATIONS CONSULTANT TO ASSIST WITH THE DEVELOPMENT OF A REQUEST FOR PROPOSAL AND AN ANALYSIS OF VARIOUS BUSINESS MODELS FOR THE LEASING OF EXCESS CAPACITY ON THE SPECTRUM AND TO PROVIDE AN ESTIMATE OF THE VALUE OF LICENSES OPERATED BY THE EDUCATIONAL TELEVISION NETWORK.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27106BB08), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting clause and inserting:
/SECTION   1.   The Educational Television Network is directed to make all necessary filings with the Federal Communications Commission as soon as practicable to indicate an intention to retain licenses currently operated by the Educational Television Network and an intention to form a public/private partnership to complete the necessary transition from an analog to digital system. However, Educational Television Network may not sell, lease, or otherwise


Printed Page 1599 . . . . . Wednesday, March 5, 2008

alienate or obligate telecommunications and information technology infrastructure of the State until provided for by the General Assembly.
SECTION   2.   The executive director of the State Budget and Control Board is directed to hire, using funds from approved accounts of the Department of Commerce, a nationally-recognized telecommunications consultant to provide an estimate of the value of licenses operated by the Educational Television Network, to analyze various business models for the leasing of excess capacity on the spectrum, and to analyze the feasibility of a wireless cloud over all public school facilities. The hiring of the consultant is excepted from the provisions of the South Carolina Consolidated Procurement Code. The consultant must be hired by April 1, 2008, and must make available an official report of its findings to the General Assembly by May 1, 2008.
SECTION   3.   This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

Rep. LOFTIS proposed the following Amendment No. 2 (Doc Name COUNCIL\DT\27112BB08), which was adopted:
Amend the joint resolution, as and if amended, by deleting all after the enacting words and inserting:
/SECTION   1.   The Educational Television Network is directed to make all necessary filings with the Federal Communications Commission as soon as practicable to indicate an intention to retain licenses currently operated by the Educational Television Network and an intention to form a public/private partnership to complete the necessary transition from an analog to digital system. However, Educational Television Network may not sell, lease, or otherwise alienate or obligate telecommunications and information technology infrastructure of the State until provided for by the General Assembly.
SECTION   2.   The executive director of the State Budget and Control Board is directed to hire, using funds from approved accounts of the Department of Commerce, a nationally-recognized telecommunications consultant to provide an estimate of the value of licenses operated by the Educational Television Network, to assist with the development of a request for proposal, to analyze various business


Printed Page 1600 . . . . . Wednesday, March 5, 2008

models for the leasing of excess capacity on the spectrum, and to analyze the feasibility of a wireless cloud over all public school facilities. The hiring of the consultant is excepted from the provisions of the South Carolina Consolidated Procurement Code. The consultant must be hired by April 1, 2008, and must make available an official report of its findings to the General Assembly by May 1, 2008.
SECTION   3.   This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

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

H. 4707--CONTINUED

The following Bill was taken up:

H. 4707 (Word version) -- Rep. Haskins: A BILL TO PROVIDE THAT GREENVILLE COUNTY PUBLIC SCHOOLS MUST PUBLISH NUTRITION INFORMATION FOR ALL FOOD SERVICE OPTIONS IN ANY DISSEMINATION OF INFORMATION THAT INCLUDES SCHOOL MENU OPTIONS.

Rep. F. N. SMITH moved to recommit the Bill to the Greenville Delegation.

Rep. RICE moved to table the motion, which was rejected by a division vote of 7 to 7.

The question then recurred to the motion to recommit the Bill, which was rejected by a division vote of 6 to 7.

Rep. HASKINS moved to continue the Bill, which was agreed to.


Printed Page 1601 . . . . . Wednesday, March 5, 2008

H. 4800--POINT OF ORDER

The following Bill was taken up:

H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

POINT OF ORDER

Rep. COOPER 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. 4801--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.

POINT OF ORDER

Rep. COOPER 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.

OBJECTION TO RECALL

Rep. WALKER asked unanimous consent to recall H. 3980 (Word version) from the Committee on Judiciary.
Rep. F. N. SMITH objected.

OBJECTION TO RECALL

Rep. KENNEDY asked unanimous consent to recall H. 3262 (Word version) from the Committee on Education and Public Works.
Rep. WALKER objected.


Printed Page 1602 . . . . . Wednesday, March 5, 2008

OBJECTION TO RECALL

Rep. SELLERS asked unanimous consent to recall H. 4771 (Word version) from the Committee on Judiciary.
Rep. F. N. SMITH objected.

OBJECTION TO RECALL

Rep. HART asked unanimous consent to recall H. 3588 (Word version) from the Committee on Judiciary.
Rep. THOMPSON objected.

S. 360--NONCONCURRENCE IN SENATE AMENDMENTS

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

S. 360 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT.

Rep. WITHERSPOON explained the Senate Amendments.

Rep. HAGOOD spoke against the Senate Amendments.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

MOTION PERIOD

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

H. 4594--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, March 25, which was adopted:

H. 4594 (Word version) -- Reps. Sandifer, Cato, Huggins, McLeod, Toole, Walker, R. Brown, Whipper and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A


Printed Page 1603 . . . . . Wednesday, March 5, 2008

RESIDENTIAL SPECIALTY CONTRACTOR AND TO PROVIDE EXCEPTIONS; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.

H. 3912--INTERRUPTED DEBATE

The following Bill was taken up:

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


Printed Page 1604 . . . . . Wednesday, March 5, 2008

35, RELATING TO LICENSURE AS AN EXPERT MEDICAL WITNESS, SO AS TO PROVIDE THAT RATHER THAN THE BOARD OF MEDICAL EXAMINERS LICENSING A PHYSICIAN AS AN EXPERT WITNESS, A PHYSICIAN WHO TESTIFIES IN A PROCEEDING IN THIS STATE IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE BOARD AND TO PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.

Rep. DELLENEY moved to adjourn debate on the Bill until Tuesday, March 25.

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

Rep. PARKS explained the Bill.
Rep. DELLENEY spoke against the Bill.

Rep. DELLENEY moved to commit the Bill to the Committee on Judiciary.

Rep. WHITE moved to table the motion.

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

Yeas 55; Nays 55

Those who voted in the affirmative are:

Alexander              Barfield               Bedingfield
Bingham                Bowen                  Brady
Breeland               G. Brown               Chalk
Clemmons               Cobb-Hunter            Cooper
Crawford               Dantzler               Duncan
Erickson               Gambrell               Hardwick
Harrell                Harvin                 Hayes
Herbkersman            Hutson                 Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Mack
Merrill                Moss                   Ott
Owens                  Parks                  Perry
Pinson                 M. A. Pitts            Rice
Scarborough            Shoopman               D. C. Smith

Printed Page 1605 . . . . . Wednesday, March 5, 2008

G. M. Smith            J. R. Smith            Spires
Stewart                Talley                 Taylor
Thompson               Umphlett               Walker
White                  Williams               Witherspoon
Young

Total--55

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Ballentine             Bannister
Battle                 Bowers                 Branham
Brantley               R. Brown               Clyburn
Coleman                Cotty                  Davenport
Delleney               Frye                   Funderburk
Govan                  Gullick                Hagood
Haley                  Hamilton               Harrison
Hart                   Haskins                Hosey
Huggins                Jefferson              Jennings
Kelly                  Kennedy                Knight
Lucas                  McLeod                 Miller
Mitchell               Mulvaney               J. M. Neal
Neilson                E. H. Pitts            Rutherford
Sandifer               Scott                  Sellers
Simrill                Skelton                G. R. Smith
Stavrinakis            Toole                  Vick
Viers                  Weeks                  Whipper
Whitmire

Total--55

So, the House refused to table the motion.

The question then recurred to the motion to commit the Bill to the Judiciary Committee.

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

Yeas 51; Nays 62


Printed Page 1606 . . . . . Wednesday, March 5, 2008

Those who voted in the affirmative are:
Agnew                  Allen                  Anderson
Ballentine             Bannister              Battle
Bowers                 Brady                  Brantley
G. Brown               R. Brown               Clyburn
Coleman                Cotty                  Davenport
Delleney               Frye                   Funderburk
Govan                  Gullick                Hagood
Haley                  Hamilton               Harrison
Hart                   Huggins                Jefferson
Jennings               Kelly                  Kennedy
Knight                 Lucas                  McLeod
Miller                 Mitchell               Mulvaney
J. M. Neal             Neilson                E. H. Pitts
Rutherford             Scott                  Sellers
Simrill                G. R. Smith            Stavrinakis
Toole                  Vick                   Viers
Weeks                  Whipper                Whitmire

Total--51

Those who voted in the negative are:

Alexander              Bales                  Barfield
Bedingfield            Bingham                Bowen
Branham                Breeland               Cato
Chalk                  Clemmons               Cobb-Hunter
Cooper                 Crawford               Dantzler
Duncan                 Erickson               Gambrell
Hardwick               Harrell                Harvin
Haskins                Hayes                  Herbkersman
Hosey                  Howard                 Hutson
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Mack                   Mahaffey               Merrill
Moss                   Ott                    Owens
Parks                  Perry                  Pinson
M. A. Pitts            Rice                   Sandifer
Scarborough            Shoopman               Skelton
D. C. Smith            G. M. Smith            J. R. Smith
Spires                 Stewart                Talley
Taylor                 Thompson               Umphlett

Printed Page 1607 . . . . . Wednesday, March 5, 2008

Walker                 White                  Williams
Witherspoon            Young

Total--62

So, the House refused to commit the Bill.

Rep. DELLENEY proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7547AHB08), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 40-47-35, as contained in SECTION 6, beginning on page 3, beginning on line 40, and inserting:
/   "Section 40-47-35.   (A)   The board may issue a license to a physician licensed in good standing in another state, who has been engaged to testify as an expert medical witness in an administrative, civil, or criminal proceeding in this State. The license only shall authorize practice in this State as an expert medical witness in a particular proceeding in this State. This license must be valid for the duration of the particular proceeding for which it is issued. This license must authorize only practice in this State that is related directly to the particular proceeding for which it is issued. A separate license must be obtained for each proceeding in which the applicant is engaged to testify as an expert medical witness in this State. The applicant shall submit the following items:

(1)   a completed application and payment of applicable fees; and

(2)   satisfactory documentation of the applicant's engagement as an expert witness in a particular proceeding in this State.

(B)   The board may waive any part or all of a fee for this license for a physician to testify as an expert witness on behalf of a state, county, or municipal agency or office. Service of any notices or correspondence must be made on the physician expert witness by personal service or by certified mail to the address provided by the state licensing entity in the location in which the physician practices or teaches. If the physician cannot be located at the address provided by the state licensing entity, service must be made by delivery of a copy to the state licensing entity in the location in which the physician practices or teaches." /
Renumber sections to conform.
Amend title to conform.


Printed Page 1608 . . . . . Wednesday, March 5, 2008

Rep. DELLENEY explained the amendment.

Rep. CRAWFORD moved to table the amendment.

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

Yeas 60; Nays 52

Those who voted in the affirmative are:

Barfield               Bedingfield            Bingham
Bowen                  Brady                  Branham
Cato                   Chalk                  Clemmons
Cobb-Hunter            Cooper                 Crawford
Dantzler               Duncan                 Erickson
Frye                   Gambrell               Hagood
Haley                  Hardwick               Harrell
Harvin                 Hayes                  Herbkersman
Huggins                Hutson                 Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Mahaffey
Merrill                Moss                   Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Shoopman               D. C. Smith            G. M. Smith
J. R. Smith            Spires                 Stewart
Taylor                 Thompson               Toole
Umphlett               Walker                 White
Williams               Witherspoon            Young

Total--60

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Ballentine             Bannister
Battle                 Bowers                 Brantley
Breeland               G. Brown               R. Brown
Clyburn                Coleman                Cotty
Davenport              Delleney               Funderburk
Govan                  Gullick                Hamilton
Harrison               Hart                   Haskins

Printed Page 1609 . . . . . Wednesday, March 5, 2008

Hosey                  Howard                 Jefferson
Jennings               Kelly                  Kennedy
Knight                 Lucas                  Mack
McLeod                 Miller                 Mitchell
Mulvaney               J. M. Neal             Neilson
Rutherford             Scott                  Sellers
Simrill                Skelton                G. R. Smith
Stavrinakis            Talley                 Vick
Viers                  Weeks                  Whipper
Whitmire

Total--52

So, the amendment was tabled.

Rep. WEEKS moved that the House do now adjourn.

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

Yeas 20; Nays 80

Those who voted in the affirmative are:

Allen                  Anderson               Bowers
Brantley               R. Brown               Coleman
Delleney               Funderburk             Hamilton
Hart                   Limehouse              McLeod
Rutherford             Sellers                G. R. Smith
Stavrinakis            Viers                  Weeks
Whipper                Whitmire

Total--20

Those who voted in the negative are:

Agnew                  Alexander              Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Branham
G. Brown               Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Crawford
Dantzler               Duncan                 Erickson

Printed Page 1610 . . . . . Wednesday, March 5, 2008

Frye                   Gambrell               Govan
Gullick                Hagood                 Haley
Hardwick               Harrell                Harrison
Harvin                 Haskins                Herbkersman
Huggins                Hutson                 Jefferson
Jennings               Kelly                  Leach
Littlejohn             Lowe                   Lucas
Mack                   Mahaffey               Merrill
Miller                 Moss                   Mulvaney
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Scott
Shoopman               Skelton                D. C. Smith
G. M. Smith            J. R. Smith            Spires
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Walker                 White                  Williams
Witherspoon            Young

Total--80

So, the House refused to adjourn.

Rep. WEEKS moved that the House recede until 1:30 p.m.

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

Yeas 25; Nays 78

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Bannister              Brantley               Clemmons
Clyburn                Dantzler               Funderburk
Hamilton               Hart                   Hosey
Howard                 Kennedy                Limehouse
Mahaffey               McLeod                 Rutherford
Sellers                G. R. Smith            Vick

Printed Page 1611 . . . . . Wednesday, March 5, 2008

Viers                  Weeks                  Whipper
Whitmire

Total--25

Those who voted in the negative are:

Alexander              Bales                  Ballentine
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                G. Brown
Cato                   Chalk                  Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Davenport              Delleney
Erickson               Gambrell               Govan
Gullick                Hagood                 Haley
Hardwick               Harrell                Harrison
Harvin                 Herbkersman            Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kirsh                  Knight
Leach                  Littlejohn             Lowe
Lucas                  Mack                   Merrill
Miller                 Moss                   Mulvaney
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Scarborough            Scott
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            J. R. Smith
Spires                 Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 White
Williams               Witherspoon            Young

Total--78

So, the House refused to recede.

Rep. STAVRINAKIS spoke against the Bill.

Rep. MERRILL moved cloture on the entire matter.


Printed Page 1612 . . . . . Wednesday, March 5, 2008

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

Yeas 63; Nays 47

Those who voted in the affirmative are:

Bales                  Barfield               Battle
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Cooper                 Cotty                  Crawford
Dantzler               Duncan                 Erickson
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harvin                 Haskins
Herbkersman            Huggins                Hutson
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lowe                   Mahaffey               Merrill
Moss                   Mulvaney               Neilson
Owens                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            Spires                 Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Walker
White                  Witherspoon            Young

Total--63

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Ballentine             Bannister
Bowers                 Branham                Brantley
G. Brown               R. Brown               Clemmons
Cobb-Hunter            Coleman                Davenport
Delleney               Funderburk             Govan
Hagood                 Harrison               Hart
Hayes                  Hosey                  Howard
Jefferson              Jennings               Kelly
Knight                 Lucas                  Mack
McLeod                 Miller                 Mitchell

Printed Page 1613 . . . . . Wednesday, March 5, 2008

Ott                    Parks                  Perry
Rutherford             Scott                  Sellers
G. R. Smith            Stavrinakis            Vick
Viers                  Weeks                  Whipper
Whitmire               Williams

Total--47

So, cloture was ordered.

Rep. HOWARD moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. CRAWFORD moved to table the motion.

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

Yeas 60; Nays 52

Those who voted in the affirmative are:

Ballentine             Barfield               Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Clemmons
Cooper                 Crawford               Dantzler
Davenport              Duncan                 Erickson
Frye                   Gambrell               Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Haskins
Huggins                Hutson                 Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Merrill
Moss                   Mulvaney               Neilson
Owens                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            Spires                 Stewart
Talley                 Taylor                 Thompson

Printed Page 1614 . . . . . Wednesday, March 5, 2008

Toole                  Umphlett               Walker
White                  Witherspoon            Young

Total--60

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Bannister
Battle                 Bowers                 Branham
Brantley               G. Brown               R. Brown
Cobb-Hunter            Coleman                Cotty
Delleney               Funderburk             Govan
Hamilton               Hart                   Harvin
Hayes                  Herbkersman            Hosey
Howard                 Jefferson              Jennings
Kelly                  Kennedy                Knight
Lucas                  Mack                   Mahaffey
McLeod                 Miller                 Mitchell
J. H. Neal             J. M. Neal             Ott
Parks                  Perry                  Rutherford
Scott                  Sellers                G. R. Smith
Stavrinakis            Vick                   Viers
Weeks                  Whipper                Whitmire
Williams

Total--52

So, the motion to recommit the Bill was tabled.

Rep. COOPER moved that the House recede until 2:45 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill, cloture having been ordered.

THE HOUSE RESUMES

At 2:45 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER KIRSH IN CHAIR


Printed Page 1615 . . . . . Wednesday, March 5, 2008

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 3912--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, cloture having been ordered:

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


Printed Page 1616 . . . . . Wednesday, March 5, 2008

PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.

Rep. CATO proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12065AC08), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION   __.   Section 40-47-20(36) of the 1976 Code, as amended by Act 385 of 2006, is further amended to read:

"(36)   'Practice of Medicine' means:

(a)   advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State;

(b)   offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;

(c)   offering or undertaking to prevent or to diagnose, correct or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management of pregnancy and parturition;

(d)   offering or undertaking to perform any surgical operation upon a person;

(e)   rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent;

(f)   rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient;

(g)   using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D., D.O., or any combination of these in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition in a clinical setting, unless such a designation additionally contains the description of another branch of the healing arts for which one holds a valid license in this State that is applicable to the clinical setting; and

(hg)   testifying as a physician in an administrative, civil, or criminal proceeding in this State by expressing an expert medical opinion."


Printed Page 1617 . . . . . Wednesday, March 5, 2008

SECTION   __.   Chapter 59 of Title 38 of the 1976 Code is amended by adding:

"Section 38-59-35.   (A) If a hearing provided for in Section 38-59-30, regarding improper claims practices by a health insurer or health maintenance organization results in a determination by the director or his designee that a physician performing medical necessity review services for such insurer has wilfully and knowingly denied claims with no rational basis, the director may file a complaint about such physician to the South Carolina Board of Medical Examiners.

(B)   A physician providing medical necessity review services for a health insurer or health maintenance organization operating in this State is deemed to have submitted to the jurisdiction of the South Carolina Board of Medical Examiners to the limited extent of responding to a complaint filed by the director as outlined in subsection (A).

(C)   Upon receipt of a complaint from the director, the Board of Medical Examiners is authorized to conduct an investigation and proceed in the same manner as provided in state law for physicians licensed and practicing medicine in this State, except that service may be effected as provided in subsection (D).

(D)   Service of any notices or correspondence must be made on the physician by personal service or by certified mail to the registered agent for the health insurer or health maintenance organization for which the physician was providing medical necessity review services."/
Renumber sections to conform.
Amend title to conform.

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

Rep. RUTHERFORD proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12066AC08), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Article 1, Chapter 47, Title 40 of the 1976 Code is amended by adding:

"Section 40-47-38.   (A)   If a physician makes a medical error or knows about or witnesses a medical error committed by another physician that results in great bodily injury or death, the physician shall report the medical error to the board, which shall assess what action, if any, must be taken against the physician committing the medical error.


Printed Page 1618 . . . . . Wednesday, March 5, 2008

(B)   For purposes of this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."/
Renumber sections to conform.
Amend title to conform.

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

Rep. CRAWFORD moved to table the amendment.

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

Yeas 52; Nays 51

Those who voted in the affirmative are:

Bales                  Battle                 Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Cooper
Cotty                  Crawford               Dantzler
Davenport              Erickson               Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Haskins                Herbkersman            Hutson
Kirsh                  Leach                  Littlejohn
Loftis                 Lowe                   Mahaffey
Merrill                Moss                   Mulvaney
Owens                  Pinson                 M. A. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Spires
Taylor                 Toole                  Umphlett
Walker                 White                  Witherspoon
Young

Total--52


Printed Page 1619 . . . . . Wednesday, March 5, 2008

Those who voted in the negative are:
Agnew                  Alexander              Allen
Anderson               Ballentine             Bannister
Bowers                 Brantley               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Delleney               Duncan
Funderburk             Govan                  Hagood
Harrison               Hart                   Hosey
Howard                 Huggins                Jefferson
Jennings               Kelly                  Kennedy
Knight                 Lucas                  Mack
McLeod                 Miller                 J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  E. H. Pitts
Rutherford             Scott                  Sellers
Simrill                G. M. Smith            Stavrinakis
Thompson               Vick                   Weeks
Whipper                Whitmire               Williams

Total--51

So, the amendment was tabled.

Rep. RUTHERFORD spoke against the Bill.

AMENDMENT NO. 3--RECONSIDERED AND ADOPTED

Rep. BALES moved to reconsider the vote whereby Amendment No. 3 was tabled, was taken up and agreed to.

The amendment was then adopted.

Rep. SCOTT moved to commit the Bill to the Committee on Judiciary.

Rep. CHALK moved to table the motion.

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

Yeas 55; Nays 52


Printed Page 1620 . . . . . Wednesday, March 5, 2008

Those who voted in the affirmative are:
Bales                  Bedingfield            Bingham
Bowen                  Brady                  G. Brown
Cato                   Chalk                  Clemmons
Cobb-Hunter            Cooper                 Crawford
Dantzler               Duncan                 Erickson
Frye                   Gambrell               Hardwick
Harrell                Haskins                Herbkersman
Hutson                 Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lowe                   Mahaffey               Merrill
Moss                   Mulvaney               Neilson
Owens                  Parks                  Pinson
Rice                   Sandifer               Scarborough
Shoopman               Skelton                D. C. Smith
G. M. Smith            J. R. Smith            Spires
Talley                 Taylor                 Thompson
Toole                  Umphlett               Walker
White                  Williams               Witherspoon
Young

Total--55

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Ballentine             Bannister
Bowers                 Branham                Brantley
R. Brown               Clyburn                Coleman
Cotty                  Davenport              Delleney
Funderburk             Govan                  Gullick
Hagood                 Haley                  Hamilton
Harrison               Hart                   Hayes
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kelly
Kennedy                Knight                 Lucas
Mack                   McLeod                 Miller
J. H. Neal             J. M. Neal             Perry
E. H. Pitts            M. A. Pitts            Rutherford
Scott                  Sellers                Simrill
G. R. Smith            Stavrinakis            Vick

Printed Page 1621 . . . . . Wednesday, March 5, 2008

Viers                  Weeks                  Whipper
Whitmire

Total--52

So, the motion to commit the Bill was tabled.

Rep. JENNINGS spoke against the Bill.
Rep. WHIPPER spoke against the Bill.

ACTING SPEAKER CATO IN CHAIR

Rep. WHIPPER continued speaking.
Rep. LUCAS spoke against the Bill.

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

Yeas 65; Nays 43

Those who voted in the affirmative are:

Bales                  Battle                 Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Cooper
Crawford               Dantzler               Davenport
Duncan                 Erickson               Frye
Gambrell               Haley                  Hamilton
Hardwick               Haskins                Hayes
Herbkersman            Huggins                Hutson
Jefferson              Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Mahaffey
Merrill                Mulvaney               Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                D. C. Smith
G. M. Smith            J. R. Smith            Spires
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett

Printed Page 1622 . . . . . Wednesday, March 5, 2008

Walker                 White                  Williams
Witherspoon            Young

Total--65

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Ballentine             Bannister
Bowers                 Branham                Brantley
G. Brown               R. Brown               Coleman
Cotty                  Delleney               Funderburk
Govan                  Gullick                Hagood
Harrison               Hart                   Hosey
Howard                 Jennings               Kelly
Knight                 Lucas                  Mack
McLeod                 Miller                 Moss
J. M. Neal             Neilson                Rutherford
Scott                  Sellers                Skelton
G. R. Smith            Stavrinakis            Vick
Viers                  Weeks                  Whipper
Whitmire

Total--43

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

H. 4620--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker, White, Stavrinakis, Bedingfield, G. R. Smith, Hart and Viers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION


Printed Page 1623 . . . . . Wednesday, March 5, 2008

OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

Be it enacted by the General Assembly of the State of South Carolina:

Part I
Secretary of State

SECTION   1.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."

SECTION   2.   The proposed amendment in Section 6 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the


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Secretary of State from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the Secretary of State must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Part II
Superintendent of Education and
State Board of Education

SECTION   3.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."

SECTION   4.   The proposed amendment in Section 8 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be


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appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Part III
Joint Election of Governor and Lieutenant Governor

SECTION   5.   It is proposed that Section 8, Article IV of the Constitution of this State be amended to read:

"Section   8.   (A)   A Lieutenant Governor shall must be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor.

(B)   Beginning with the general election of 2010, a person seeking the office of Governor in any manner that a person's name may appear on the ballot as a candidate for that office, and before that person's name is certified to appear on the ballot, shall select a person of suitable qualifications to serve as Lieutenant Governor.

(C)   In the general election, candidates for the Office of Governor and the person selected by each gubernatorial candidate to serve as Lieutenant Governor must be elected jointly in a manner prescribed by law so that each voter casts a single vote to fill the offices of Governor and Lieutenant Governor.

(D)   The General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected."

SECTION   6.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 8, Article IV of the Constitution of the State be amended by adding a provision to provide that the Lieutenant Governor


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must be elected jointly with the Governor in a manner prescribed by law so that each voter shall cast a single vote for a candidate for Governor and a candidate for Lieutenant Governor running together?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Reps. E. H. PITTS, VICK and HALEY proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\3805AHB08), which was tabled:
Amend the joint resolution, as and if amended, by deleting PART I in its entirety.

Rep. E. H. PITTS explained the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 53; Nays 52

Those who voted in the affirmative are:

Agnew                  Bales                  Ballentine
Bannister              Battle                 Bedingfield
Bingham                Brady                  Brantley
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cotty                  Crawford               Duncan
Erickson               Funderburk             Hagood
Hardwick               Harrell                Harrison
Herbkersman            Hosey                  Hutson
Leach                  Limehouse              Littlejohn
Lowe                   Mack                   Merrill
Miller                 Mitchell               Parks
M. A. Pitts            Rice                   Scarborough
Shoopman               D. C. Smith            G. M. Smith

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G. R. Smith            J. R. Smith            Stavrinakis
Talley                 Toole                  Umphlett
Walker                 Weeks                  Whipper
Williams               Young

Total--53

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bowen                  Bowers                 Branham
G. Brown               R. Brown               Cooper
Davenport              Delleney               Frye
Gambrell               Govan                  Gullick
Haley                  Hamilton               Hart
Hayes                  Huggins                Jefferson
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Loftis
Lucas                  Mahaffey               McLeod
Moss                   Mulvaney               J. M. Neal
Neilson                Ott                    Owens
Perry                  Pinson                 E. H. Pitts
Rutherford             Scott                  Sellers
Simrill                Skelton                Spires
Stewart                Taylor                 Thompson
Viers                  White                  Whitmire
Witherspoon

Total--52

So, the amendment was tabled.

Rep. WITHERSPOON proposed the following Amendment No. 6 (Doc Name COUNCIL\DKA\3804AHB08), which was adopted:
Amend the joint resolution, as and if amended, by deleting PART II in its entirety.
Renumber parts and sections to conform.
Amend title to conform.

Rep. WITHERSPOON explained the amendment.

Rep. HAGOOD moved to table the amendment.


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

Yeas 45; Nays 62

Those who voted in the affirmative are:

Agnew                  Bales                  Ballentine
Bannister              Battle                 Bedingfield
Bingham                Brady                  Chalk
Clemmons               Cotty                  Crawford
Davenport              Delleney               Funderburk
Gullick                Hagood                 Haley
Hamilton               Harrell                Harrison
Herbkersman            Huggins                Hutson
Kelly                  Kirsh                  Leach
Limehouse              Littlejohn             Lucas
Merrill                Miller                 Mulvaney
Neilson                E. H. Pitts            Scarborough
Simrill                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stavrinakis
Talley                 Walker                 Young

Total--45

Those who voted in the negative are:

Alexander              Allen                  Anderson
Barfield               Bowen                  Bowers
Branham                Brantley               G. Brown
R. Brown               Cato                   Clyburn
Cobb-Hunter            Coleman                Cooper
Dantzler               Duncan                 Erickson
Frye                   Gambrell               Govan
Hardwick               Hart                   Hayes
Hosey                  Jefferson              Jennings
Kennedy                Knight                 Loftis
Lowe                   Mack                   Mahaffey
McLeod                 Mitchell               Moss
J. M. Neal             Ott                    Owens
Parks                  Perry                  Pinson
M. A. Pitts            Rice                   Rutherford
Scott                  Sellers                Shoopman
Skelton                Spires                 Stewart

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Taylor                 Thompson               Toole
Umphlett               Viers                  Weeks
Whipper                White                  Whitmire
Williams               Witherspoon

Total--62

So, the House refused to table the amendment.

The amendment was then adopted.

Reps. HARRISON and HAGOOD proposed the following Amendment No. 9 (Doc Name COUNCIL\GJK\20575SD08), which was adopted:
Amend the joint resolution, as and if amended, by adding a new Part and sections to be appropriately numbered to read:

/Part ____
Joint Election of Governor and Lieutenant Governor

SECTION   ____.   It is proposed that Section 8, Article IV of the Constitution of this State be amended to read:

"Section   8.   (A)   A Lieutenant Governor shall must be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor.

(B)   Beginning with the general election of 2010, a person seeking the office of Governor in any manner that a person's name may appear on the ballot as a candidate for that office, and before that person's name is certified to appear on the ballot, shall select a person of suitable qualifications to serve as Lieutenant Governor.

(C)   In the general election, candidates for the Office of Governor and the person selected by each gubernatorial candidate to serve as Lieutenant Governor must be elected jointly in a manner prescribed by law so that each voter casts a single vote to fill the offices of Governor and Lieutenant Governor.

(D)   The General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected."
SECTION   ____.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 8, Article IV of the Constitution of the State be amended by adding a provision to provide that the Lieutenant Governor


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must be elected jointly with the Governor in a manner prescribed by law so that each voter shall cast a single vote for a candidate for Governor and a candidate for Lieutenant Governor running together?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber parts and sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.

SPEAKER IN CHAIR

Rep. HARRISON continued speaking.

The question then recurred to the adoption of the amendment.

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

Yeas 89; Nays 17

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Ballentine
Bannister              Battle                 Bedingfield
Bingham                Bowen                  Brady
Branham                Brantley               R. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Crawford               Davenport              Delleney
Duncan                 Erickson               Frye
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Hayes                  Herbkersman            Hosey
Huggins                Hutson                 Jennings

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Kelly                  Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Lowe                   Lucas                  McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Rutherford             Scarborough            Shoopman
Simrill                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Viers                  Walker
Whipper                Whitmire               Williams
Witherspoon            Young

Total--89

Those who voted in the negative are:

Barfield               Bowers                 G. Brown
Cooper                 Dantzler               Gambrell
Gullick                Jefferson              Knight
Mack                   Mahaffey               Scott
Sellers                Skelton                Stavrinakis
Weeks                  White

Total--17

So, the amendment was adopted.

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on Amendment No. 9. Had I been present, I would have voted "yea" in favor of the amendment.

Rep. Gloria A. Haskins

Rep. RUTHERFORD proposed the following Amendment No. 10 (Doc Name COUNCIL\BBM\10433HTC08), which was ruled out of order:


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Amend the joint resolution, as and if amended, by adding an appropriately numbered Part at the end with appropriately numbered sections to read:

/ Part ___
Executive Powers and Duties
While Governor is Absent
From this State

SECTION   __.   It is proposed that Article IV of the Constitution of this State be amended by adding a new Section 1A. to read:

"Section   1A.   While the Governor is physically absent from this State, all of the powers and duties of the Governor under the Constitution and the laws of this State are devolved upon the Lieutenant Governor for the duration of the Governor's absence."
SECTION   __.   The proposed amendment in this Part must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article IV of the Constitution of the State be amended by adding a new Section 1A to provide that when the Governor is physically absent from this State, all powers and duties of the Governor under the Constitution and laws of this State are devolved upon the Lieutenant Governor for the duration of the Governor's absence?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the words 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.

POINT OF ORDER

Rep. MERRILL raised the Point of Order that Amendment No. 10 was out of order in that it was not germane to the Joint Resolution.
SPEAKER HARRELL stated that while the Joint Resolution dealt with the appointment versus the election of State Constitutional Offices, the Amendment related to the duties of the Lt. Governor. He


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therefore sustained the Point of Order and ruled the Amendment out of order.

Rep. COBB-HUNTER proposed the following Amendment No. 13 (Doc Name COUNCIL\NBD\12071AC08), which was tabled:
Amend the joint resolution, as and if amended, by deleting Part IV of the joint resolution in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 67; Nays 38

Those who voted in the affirmative are:

Agnew                  Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cooper                 Crawford
Davenport              Delleney               Duncan
Erickson               Frye                   Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Huggins
Hutson                 Kelly                  Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Lowe                   Lucas
Mahaffey               Merrill                Miller
Mulvaney               Owens                  E. H. Pitts
M. A. Pitts            Rice                   Scarborough
Shoopman               Simrill                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers

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Walker                 White                  Witherspoon
Young

Total--67

Those who voted in the negative are:

Allen                  Anderson               Bowers
Branham                Brantley               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Dantzler               Gambrell
Govan                  Gullick                Hart
Hayes                  Hosey                  Howard
Jefferson              Jennings               Kennedy
Mack                   McLeod                 Mitchell
Moss                   J. M. Neal             Ott
Parks                  Perry                  Pinson
Rutherford             Sandifer               Scott
Sellers                Vick                   Weeks
Whipper                Williams

Total--38

So, the amendment was tabled.

Rep. VIERS proposed the following Amendment No. 14 (Doc Name COUNCIL\NBD\12074AC08), which was adopted:
Amend the joint resolution, as and if amended, in Part IV, by striking SECTIONS 10 and 11 in their entirety.
Renumber sections to conform.
Amend title to conform.

Rep. VIERS explained the amendment.

The amendment was then adopted by a division vote of 50 to 29.

Rep. FUNDERBURK proposed the following Amendment No. 15 (Doc Name COUNCIL\BBM\10434AB08), which was tabled:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION at the end to read:


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/ SECTION   __.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Comptroller General serving in office on the date of the 2006 general election, the Comptroller General must be appointed by the Governor, with the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."
SECTION   __.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Comptroller General from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Comptroller General serving in office on the date of the 2006 general election, the Comptroller General must be appointed by the Governor, with the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.

Rep. FUNDERBURK explained the amendment.

POINT OF ORDER

Rep. COOPER raised the Point of Order that Amendment No. 15 was out of order in that it was not germane to the Joint Resolution.
Rep. FUNDERBURK argued contra.
SPEAKER HARRELL stated that both the Amendment and the Joint Resolution related to the terms of office of State Constitutional Officers and he overruled the Point of Order.


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Rep. FUNDERBURK continued speaking.

Rep. HARRISON moved to table the amendment.

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

Yeas 63; Nays 43

Those who voted in the affirmative are:

Bannister              Barfield               Battle
Bedingfield            Bowen                  Brady
Cato                   Chalk                  Clemmons
Coleman                Cooper                 Crawford
Dantzler               Delleney               Duncan
Frye                   Gambrell               Gullick
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            Hutson                 Kelly
Knight                 Leach                  Limehouse
Littlejohn             Lowe                   Lucas
Mahaffey               Merrill                Miller
Moss                   Owens                  M. A. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vick                   Viers
Walker                 Whipper                White
Whitmire               Witherspoon            Young

Total--63

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Ballentine             Bingham
Branham                Brantley               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Davenport              Erickson               Funderburk
Govan                  Hagood                 Haley
Hart                   Hosey                  Howard

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Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Mack
McLeod                 Mitchell               Mulvaney
J. M. Neal             Ott                    Parks
Perry                  Pinson                 E. H. Pitts
Rutherford             Scott                  Sellers
Simrill                G. M. Smith            Weeks
Williams

Total--43

So, the amendment was tabled.

Rep. STAVRINAKIS proposed the following Amendment No. 16 (Doc Name COUNCIL\NBD\12075AC08), which was rejected:
Amend the joint resolution, as and if amended, by adding an appropriately numbered part at the end to read:

/Part ___
State Officers Declaring Disability of the Governor

SECTION   __.   It is proposed that Section 12, Article IV of the Constitution of this State be amended to read:

(1)   Whenever the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor.

(2)   Whenever a majority of the Attorney General, the Secretary of State, Commissioner of Agriculture, the Comptroller General and the State Treasurer, or of such other body as the General Assembly may provide, transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall forthwith assume the powers and duties of the office as acting Governor.

Thereafter, if the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that no such inability exists he shall forthwith resume the powers and duties of his office unless a majority of the above members or of such other body, whichever the case may be, transmits within four days to the President Pro Tempore of the Senate


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and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon, the General Assembly shall forthwith consider and decide the issue, and if not in session it shall assemble within forty-eight hours for the sole purpose of deciding such issue. If the General Assembly, within twenty-one days, excluding Sundays, after the first day it meets to decide the issue, determines by two-thirds vote of each House that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall continue to discharge the same as acting Governor; otherwise, the Governor shall resume the powers and duties of his office.
SECTION   __.   The proposed amendment in the prior Section must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 12 of Article IV of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of these state officers, and insert the Commissioner of Agriculture, which the constitution authorizes to provide to the President Pro Tempore of the Senate and the Speaker of the House of Representative a written declaration that the Governor is unable to discharge the powers and duties of his office?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the 'No'." /
Renumber sections to conform.
Amend title to conform.

Rep. STAVRINAKIS explained the amendment.
The amendment was then rejected.

Rep. SELLERS proposed the following Amendment No. 17 (Doc Name COUNCIL\GGS\22066AB08), which was tabled:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:


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/Part I
Adjutant General

SECTION   1.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."

SECTION   2.   It is proposed that Section 4, Article XIII of the Constitution of this State be amended to read:

"Section 4.   There shall must be an Adjutant and Inspector General elected by the qualified electors of the State at the same time and in the same manner as other state officers, who shall rank as Brigadier Major General, and whose duties and compensation shall be are prescribed by law. The Governor shall, by and with the advice and consent of the Senate, shall appoint such other staff officers as the General Assembly may direct.

Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor in the manner provided in Section 7, Article VI."

SECTION   3.   The proposed amendments in Sections 1 and 2 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers and Section 4, Article XIII relating to the Adjutant General and his staff officers be amended so as to update references to his title and military rank, delete the Adjutant General from the list of state officers which the Constitution requires to be elected, and provide that upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of this provision, the Adjutant General must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []


Printed Page 1640 . . . . . Wednesday, March 5, 2008

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Part II
Commissioner of Agriculture

SECTION   4.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of the provisions of this paragraph, the Commissioner of Agriculture must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."

SECTION   5.   The proposed amendment in Section 4 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Commissioner of Agriculture from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of this provision, the commissioner must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Part III
Superintendent of Education and
State Board of Education


Printed Page 1641 . . . . . Wednesday, March 5, 2008

SECTION   6.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."

SECTION   7.   The proposed amendment in Section 6 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION   8.   It is proposed that Section 1, Article XI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Effective upon the State Superintendent of Education being appointed by the Governor as provided in this Constitution, the State Board of Education is abolished."

SECTION   9.   The proposed amendment in Section 8 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:


Printed Page 1642 . . . . . Wednesday, March 5, 2008

"Must Section 1, Article XI of the Constitution of this State, relating to the State Board of Education, be amended so as to abolish the board effective upon the State Superintendent of Education being appointed by the Governor?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Part IV
Joint Election of Governor and Lieutenant Governor

SECTION   10.   It is proposed that Section 8, Article IV of the Constitution of this State be amended to read:

"Section   8.   (A)   A Lieutenant Governor shall must be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor provided the Lieutenant Governor must be at least twenty-three years of age.

(B)   Beginning with the general election of 2010, a person seeking the office of Governor in any manner that a person's name may appear on the ballot as a candidate for that office, and before that person's name is certified to appear on the ballot, shall select a person of suitable qualifications to serve as Lieutenant Governor.

(C)   In the general election, candidates for the Office of Governor and the person selected by each gubernatorial candidate to serve as Lieutenant Governor must be elected jointly in a manner prescribed by law so that each voter casts a single vote to fill the offices of Governor and Lieutenant Governor.

(D)   The General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected."

SECTION   11.   The proposed amendment in Section 10 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 8, Article IV of the Constitution of the State be amended by adding a provision to provide that the Lieutenant Governor must be elected jointly with the Governor in a manner prescribed by


Printed Page 1643 . . . . . Wednesday, March 5, 2008

law so that each voter shall cast a single vote for a candidate for Governor and a candidate for Lieutenant Governor running together?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS explained the amendment.

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

Rep. BALES proposed the following Amendment No. 18 (Doc Name COUNCIL\BBM\10435HTC08), which was ruled out of order:
Amend the joint resolution, as and if amended, by adding an appropriately numbered Part at the end to read:

/ Part __

SECTION   1.   It is proposed that Section 2, Article III of the Constitution of this State be amended to read:

"Section 2.   Beginning in 2012, the House of Representatives shall be is composed of members chosen by ballot every second fourth year by citizens of this State, qualified as provided in this Constitution is provided."
SECTION   2.   It is proposed that Section 8, Article III of the Constitution of this State be amended to read:

"Section 8.   The first election for members of the House of Representatives under this Constitution shall must be held on Tuesday after the first Monday in November Eighteen Hundred and Ninety-six, and in every second fourth year thereafter, in such manner and at such places as the General Assembly may prescribe."
SECTION   3.   The proposed amendment in Sections 1 and 2 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed on the ballot:

"Must Sections 2 and 8, Article III of the Constitution of this State be amended so as to provide that a person elected to the House of


Printed Page 1644 . . . . . Wednesday, March 5, 2008

Representatives, beginning in 2012, shall serve a four-year instead of a two-year term?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION   4.   It is proposed that Section 6, Article III of the Constitution of this State be amended to read:

"Section 6.   Beginning in 2012, the Senate shall be is composed of one member from each County district to be elected for the term terms of four six years by the qualified electors in each County district, in the same manner in which members of the House of Representatives are chosen and to provide that initial terms of Senators elected in 2012 must be staggered as the General Assembly shall provide by law."
SECTION   5.   The proposed amendment in Section 4 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed on the ballot:

"Must Section 6, Article III of the Constitution of this State be amended so as to provide that a person elected to the Senate in 2012 shall serve a six-year instead of a four-year term and provide for staggered terms?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION   6.   It is proposed that Section 3, Article IV of the Constitution of this State be amended to read:

"Section 3.   Beginning in 2014, the Governor shall must be elected by the qualified voters of the State at the regular election every other third even-numbered year after 1970. No person shall be elected Governor for more than two successive terms may succeed himself in office, but is re-eligible."


Printed Page 1645 . . . . . Wednesday, March 5, 2008

SECTION   7.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 3, Article IV of the Constitution of this State be amended so as to provide that the Governor may not succeed himself in office, but is re-eligible and make conforming amendments?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION   8.   It is proposed that Section 4, Article IV of the Constitution of this State be amended to read:

"Section   4.   Beginning with the Governor elected in 2014, the term of office of the Governor shall must be four six years, beginning at noon on the first Wednesday following the second Tuesday in January next after his election and ending at noon on the first Wednesday following the second Tuesday in January four six years later."
SECTION   9.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 4, Article IV of the Constitution of this State be amended so as to change the length of term of the Governor from four to six years?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /


Printed Page 1646 . . . . . Wednesday, March 5, 2008

Renumber sections to conform.
Amend title to conform.

Rep. BALES explained the amendment.

POINT OF ORDER

Rep. MERRILL raised the Point of Order that Amendment No. 18 was out of order in that it was not germane to the Joint Resolution.
SPEAKER HARRELL stated that while the Amendment dealt with the terms of office of members of the House of Representatives, the Joint Resolution dealt with the appointment versus election of State Constitutional Officers. He therefore sustained the Point of Order and ruled the Amendment out of order.

Rep. HARRISON proposed the following Amendment No. 19 (Doc Name COUNCIL\NBD\12073AC08), which was rejected:
Amend the joint resolution, as and if amended, by deleting Part I of the joint resolution in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 41; Nays 63

Those who voted in the affirmative are:

Bannister              Bowen                  G. Brown
Clyburn                Davenport              Delleney
Erickson               Govan                  Haley
Hardwick               Harrison               Hart
Haskins                Hosey                  Huggins
Hutson                 Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Lucas                  Miller                 Owens
Pinson                 E. H. Pitts            Sandifer
Scott                  Sellers                Simrill
Skelton                D. C. Smith            J. R. Smith

Printed Page 1647 . . . . . Wednesday, March 5, 2008

Spires                 Stavrinakis            Taylor
Thompson               Toole                  Umphlett
Vick                   Walker

Total--41

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Ballentine             Barfield
Bedingfield            Bingham                Bowers
Brady                  Branham                Brantley
R. Brown               Cato                   Chalk
Clemmons               Cobb-Hunter            Coleman
Cooper                 Crawford               Dantzler
Duncan                 Frye                   Funderburk
Gambrell               Gullick                Hagood
Hamilton               Harrell                Hayes
Herbkersman            Howard                 Jefferson
Kelly                  Kennedy                Knight
Lowe                   Mack                   Mahaffey
McLeod                 Merrill                Mitchell
Moss                   Mulvaney               Ott
Parks                  Perry                  M. A. Pitts
Rice                   Rutherford             Scarborough
Shoopman               G. M. Smith            G. R. Smith
Stewart                Talley                 Viers
Weeks                  Whipper                White
Williams               Witherspoon            Young

Total--63

So, the amendment was rejected.

The Judiciary Committee proposed the following Amendment No. 10 (Doc Name COUNCIL\GJK\20524SD08), which was tabled:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/ Part I
Adjutant General


Printed Page 1648 . . . . . Wednesday, March 5, 2008

SECTION   1.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."
SECTION   2.   It is proposed that Section 4, Article XIII of the Constitution of this State be amended to read:

"Section 4.   There shall must be an Adjutant and Inspector General elected by the qualified electors of the State at the same time and in the same manner as other state officers, who shall rank as Brigadier Major General, and whose duties and compensation shall be are prescribed by law. The Governor shall, by and with the advice and consent of the Senate, shall appoint such other staff officers as the General Assembly may direct.

Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor in the manner provided in Section 7, Article VI."
SECTION   3.   The proposed amendments in Sections 1 and 2 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers and Section 4, Article XIII relating to the Adjutant General and his staff officers be amended so as to update references to his title and military rank, delete the Adjutant General from the list of state officers which the Constitution requires to be elected, and provide that upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of this provision, the Adjutant General must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []


Printed Page 1649 . . . . . Wednesday, March 5, 2008

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Part II
Commissioner of Agriculture

SECTION   4.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of the provisions of this paragraph, the Commissioner of Agriculture must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."
SECTION   5.   The proposed amendment in Section 4 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Commissioner of Agriculture from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of this provision, the commissioner must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Part III
Superintendent of Education and
State Board of Education


Printed Page 1650 . . . . . Wednesday, March 5, 2008

SECTION   6.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason."
SECTION   7.   The proposed amendment in Section 6 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the General Assembly, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION   8.   It is proposed that Section 1, Article XI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Effective upon the State Superintendent of Education being appointed by the Governor as provided in this Constitution, the State Board of Education is abolished."
SECTION   9.   The proposed amendment in Section 8 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:


Printed Page 1651 . . . . . Wednesday, March 5, 2008

"Must Section 1, Article XI of the Constitution of this State, relating to the State Board of Education, be amended so as to abolish the board effective upon the State Superintendent of Education being appointed by the Governor?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Part IV
Joint Election of Governor and Lieutenant Governor

SECTION   10.   It is proposed that Section 8, Article IV of the Constitution of this State be amended to read:

"Section 8.   (A)   A Lieutenant Governor shall must be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor.

(B)   Beginning with the general election of 2010, a person seeking the office of Governor in any manner that a person's name may appear on the ballot as a candidate for that office, and before that person's name is certified to appear on the ballot, shall select a person of suitable qualifications to serve as Lieutenant Governor.

(C)   In the general election, candidates for the Office of Governor and the person selected by each gubernatorial candidate to serve as Lieutenant Governor must be elected jointly in a manner prescribed by law so that each voter casts a single vote to fill the offices of Governor and Lieutenant Governor.

(D)   The General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected."
SECTION   11.   The proposed amendment in Section 10 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 8, Article IV of the Constitution of the State be amended by adding a provision to provide that the Lieutenant Governor must be elected jointly with the Governor in a manner prescribed by law so that each voter shall cast a single vote for a candidate for Governor and a candidate for Lieutenant Governor running together?


Printed Page 1652 . . . . . Wednesday, March 5, 2008

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."   /
Renumber sections to conform.
Amend title to read:
/PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR, AND PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR./


Printed Page 1653 . . . . . Wednesday, March 5, 2008

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

Reps. MCLEOD and OTT proposed the following Amendment No. 11 (Doc Name COUNCIL\GJK\20543SD08), which was tabled:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   It is proposed that Section 8, Article IV of the Constitution of this State be amended to read:

"Section   8.   (A)   A Lieutenant Governor shall must be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor.

(B)   Beginning with the general election of 2010, a person seeking the office of Governor in any manner that a person's name may appear on the ballot as a candidate for that office, and before that person's name is certified to appear on the ballot, shall select a person of suitable qualifications to serve as Lieutenant Governor.

(C)   In the general election, candidates for the Office of Governor and the person selected by each gubernatorial candidate to serve as Lieutenant Governor must be elected jointly in a manner prescribed by law so that each voter casts a single vote to fill the offices of Governor and Lieutenant Governor.

(D)   The General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected."
SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 8, Article IV of the Constitution of the State be amended by adding a provision to provide that the Lieutenant Governor must be elected jointly with the Governor in a manner prescribed by law so that each voter shall cast a single vote for a candidate for Governor and a candidate for Lieutenant Governor running together?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."   /


Printed Page 1654 . . . . . Wednesday, March 5, 2008

Renumber sections to conform.
Amend title to conform.

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

AMENDMENT NO. 19--RECONSIDERED AND
RULED OUT OF ORDER

Rep. MERRILL moved to reconsider the vote whereby Amendment No. 19 was rejected.

Rep. MERRILL spoke in favor of the motion to reconsider.

Rep. OTT spoke against the motion to reconsider.

Rep. PINSON spoke in favor of the motion to reconsider.

POINT OF ORDER

Rep. MCLEOD raised the Point of Order that Amendment No. 19 was out of order in that it was identical to previously tabled Amendment No. 4.
SPEAKER HARRELL stated that no Point of Order was raised when Amendment No. 19 was taken up for consideration. He stated further that because Amendment No. 19 was no longer before the body for consideration that the Point of Order was not proper at this time. Therefore, he overruled the Point of Order.

The question then recurred to the motion to reconsider.

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

Yeas 80; Nays 25

Those who voted in the affirmative are:

Allen                  Anderson               Bales
Ballentine             Bannister              Barfield
Bowen                  Bowers                 Brady
Branham                G. Brown               R. Brown
Clemmons               Clyburn                Coleman
Crawford               Dantzler               Davenport

Printed Page 1655 . . . . . Wednesday, March 5, 2008

Delleney               Erickson               Frye
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Haskins                Hayes
Herbkersman            Hosey                  Huggins
Hutson                 Jennings               Kennedy
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Lowe
Lucas                  Mack                   Mahaffey
Merrill                Miller                 Mitchell
Moss                   J. M. Neal             Neilson
Ott                    Owens                  Pinson
E. H. Pitts            Rice                   Sandifer
Scott                  Sellers                Simrill
Skelton                D. C. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Taylor                 Thompson               Toole
Umphlett               Vick                   Viers
Weeks                  Whitmire               Williams
Witherspoon            Young

Total--80

Those who voted in the negative are:

Agnew                  Bedingfield            Bingham
Brantley               Cato                   Chalk
Cobb-Hunter            Cooper                 Duncan
Funderburk             Howard                 Jefferson
Kelly                  McLeod                 Mulvaney
Parks                  Perry                  M. A. Pitts
Rutherford             Scarborough            Shoopman
G. R. Smith            Talley                 Whipper
White

Total--25

So, the motion to reconsider was agreed to.

Rep. HARRISON proposed the following Amendment No. 19 (Doc Name COUNCIL\NBD\12073AC08), which was ruled out of order:


Printed Page 1656 . . . . . Wednesday, March 5, 2008

Amend the joint resolution, as and if amended, by deleting Part I of the joint resolution in its entirety.
Renumber sections to conform.
Amend title to conform.

POINT OF ORDER

Rep. RUTHERFORD raised the Point of Order that Amendment No. 19, which the House had just voted to reconsider, was identical to a previously tabled Amendment No. 4.
SPEAKER HARRELL stated that because the House had voted to reconsider Amendment No. 19, that Amendment No. 19 was now before the body for consideration, and that the Point of Order was timely. He stated further that Amendment No. 19 was identical to the previously tabled Amendment No. 4. He therefore sustained the Point of Order and ruled the Amendment out of order.

AMENDMENT NO. 4--RECONSIDERED AND ADOPTED

Rep. RICE moved to reconsider the vote whereby Amendment No. 4 was tabled.

Rep. VICK moved to table the motion to reconsider.

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

Yeas 23; Nays 82

Those who voted in the affirmative are:

Agnew                  Allen                  Bedingfield
Bingham                Brantley               Cato
Chalk                  Cobb-Hunter            Cooper
Funderburk             Jefferson              Kelly
Limehouse              McLeod                 Mitchell
Parks                  Rutherford             Scarborough
Shoopman               G. R. Smith            Talley
Weeks                  Williams

Total--23

Those who voted in the negative are:

Anderson               Bales                  Ballentine
Bannister              Barfield               Bowen

Printed Page 1657 . . . . . Wednesday, March 5, 2008

Bowers                 Brady                  Branham
G. Brown               R. Brown               Clemmons
Clyburn                Coleman                Cotty
Crawford               Dantzler               Delleney
Duncan                 Erickson               Frye
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Haskins                Hayes
Herbkersman            Hosey                  Howard
Huggins                Hutson                 Jennings
Kirsh                  Knight                 Leach
Littlejohn             Lowe                   Lucas
Mack                   Mahaffey               Merrill
Miller                 Moss                   Mulvaney
J. M. Neal             Neilson                Ott
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Sellers
Simrill                Skelton                D. C. Smith
G. M. Smith            J. R. Smith            Spires
Stavrinakis            Stewart                Taylor
Thompson               Toole                  Umphlett
Vick                   Viers                  Whipper
White                  Whitmire               Witherspoon
Young

Total--82

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

The question then recurred to the motion to reconsider.

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

Yeas 74; Nays 28

Those who voted in the affirmative are:

Bales                  Ballentine             Bannister
Barfield               Bowen                  Bowers
Brady                  G. Brown               Clemmons

Printed Page 1658 . . . . . Wednesday, March 5, 2008

Clyburn                Coleman                Cotty
Crawford               Dantzler               Davenport
Delleney               Erickson               Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hosey
Howard                 Huggins                Hutson
Jennings               Kirsh                  Knight
Leach                  Limehouse              Lowe
Lucas                  Mack                   Mahaffey
Merrill                Miller                 Mitchell
Moss                   J. M. Neal             Neilson
Ott                    Owens                  Perry
Pinson                 E. H. Pitts            Rice
Sandifer               Scott                  Sellers
Simrill                Skelton                D. C. Smith
J. R. Smith            Spires                 Stavrinakis
Stewart                Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 Whitmire
Witherspoon            Young

Total--74

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bedingfield            Bingham                Brantley
Cato                   Chalk                  Cobb-Hunter
Cooper                 Duncan                 Frye
Funderburk             Jefferson              Kelly
McLeod                 Mulvaney               Parks
M. A. Pitts            Rutherford             Scarborough
Shoopman               G. M. Smith            Talley
Weeks                  Whipper                White
Williams

Total--28

So, the motion to reconsider was agreed to.


Printed Page 1659 . . . . . Wednesday, March 5, 2008

POINT OF ORDER

Rep. COBB-HUNTER raised the Point of Order that Amendment No. 4 was out of order because it was identical to Amendment No. 19 that had been previously ruled out of order. She stated further that because Amendment No. 4 and Amendment No. 19 were identical, and had both been previously tabled, that the substance of Amendment No. 4 had been twice-negatived and was, therefore, out of order.
SPEAKER HARRELL stated that Amendment No. 4 and Amendment No. 19 were identical; however, Amendment No. 19 had been ruled out of order earlier. He stated further that Amendment No. 19, because it had been ruled out of order, could not be compared to Amendment No. 4 which was now before the body on its own reconsideration motion. Therefore, the Speaker overruled the Point of Order.

Reps. E. H. PITTS, VICK and HALEY proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\3805AHB08), which was adopted:
Amend the joint resolution, as and if amended, by deleting PART I in its entirety.

Rep. RUTHERFORD moved to table the amendment.

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

Yeas 21; Nays 85

Those who voted in the affirmative are:

Agnew                  Bedingfield            Bingham
Cato                   Chalk                  Clyburn
Cobb-Hunter            Cooper                 Duncan
Funderburk             Jefferson              Kelly
Mulvaney               Parks                  M. A. Pitts
Scarborough            Shoopman               G. M. Smith
Talley                 Whipper                White

Total--21

Those who voted in the negative are:

Allen                  Anderson               Bales
Ballentine             Bannister              Barfield

Printed Page 1660 . . . . . Wednesday, March 5, 2008

Bowen                  Bowers                 Brady
Brantley               G. Brown               R. Brown
Clemmons               Coleman                Cotty
Crawford               Dantzler               Davenport
Delleney               Erickson               Frye
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Haskins                Hayes
Herbkersman            Hosey                  Howard
Huggins                Hutson                 Jennings
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Mitchell               Moss                   J. M. Neal
Neilson                Ott                    Owens
Perry                  Pinson                 E. H. Pitts
Rice                   Rutherford             Sandifer
Scott                  Sellers                Simrill
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Spires                 Stavrinakis
Stewart                Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 Weeks
Whitmire               Williams               Witherspoon
Young

Total--85

So, the House refused to table the amendment.

Rep. RUTHERFORD spoke against the amendment.
The amendment was then adopted.

Rep. G. BROWN spoke against the Joint Resolution.
Rep. OTT spoke against the Joint Resolution.
Rep. HARRISON spoke in favor of the Joint Resolution.
Rep. MCLEOD spoke against the Joint Resolution.
Rep. MERRILL spoke in favor of the Joint Resolution.


Printed Page 1661 . . . . . Wednesday, March 5, 2008

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 83; Nays 24

Those who voted in the affirmative are:

Agnew                  Allen                  Bales
Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Cooper                 Cotty
Crawford               Davenport              Delleney
Duncan                 Erickson               Funderburk
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Haskins
Herbkersman            Howard                 Huggins
Hutson                 Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Lowe                   Lucas                  Merrill
Miller                 Mitchell               Moss
Mulvaney               Owens                  Parks
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Scarborough            Scott
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Viers                  Walker                 Weeks
White                  Whitmire               Williams
Witherspoon            Young

Total--83

Those who voted in the negative are:

Anderson               Branham                Brantley
G. Brown               R. Brown               Coleman
Dantzler               Frye                   Gambrell
Govan                  Hayes                  Hosey

Printed Page 1662 . . . . . Wednesday, March 5, 2008

Jefferson              Mack                   Mahaffey
McLeod                 J. M. Neal             Neilson
Ott                    Rutherford             Sandifer
Sellers                Vick                   Whipper

Total--24

So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.

STATEMENT FOR THE JOURNAL

While I support some but not all of the recommended changes in the election or appointment of Constitutional Officers in H. 4620, it was necessary for me to take early leave from the House to meet a commitment in my home district.

Rep. Dwight Loftis

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

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

H. 3094 (Word version) -- Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-535 SO AS TO LIMIT THE LOCATIONS IN WHICH A SEX OFFENDER MAY RESIDE AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION.
Ordered for consideration tomorrow.

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

H. 4622 (Word version) -- Reps. Hutson, Dantzler, Limehouse, Miller, Perry, Umphlett, Witherspoon and Knight: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POINTS ASSESSED A PERSON'S DRIVING RECORD FOR VIOLATING CERTAIN PROVISIONS THAT


Printed Page 1663 . . . . . Wednesday, March 5, 2008

REGULATE THE OPERATION OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT FOUR POINTS MUST BE ASSESSED AGAINST THE DRIVING RECORD OF A PERSON FOR THE IMPROPER OPERATION OF A VEHICLE WHEN APPROACHING A STATIONARY EMERGENCY VEHICLE; AND TO AMEND SECTION 56-5-1538, RELATING TO THE MANAGEMENT OF AN EMERGENCY SCENE AND PENALTIES FOR A VIOLATION OF THIS PROVISION, SO AS TO REUSE THE DEFINITION OF AN EMERGENCY SCENE, TO PROVIDE THAT ALL PERSONS DRIVING IN OR THROUGH AN EMERGENCY SCENE MUST EXERCISE DUE REGARD FOR THE SAFETY OF ALL PERSONS WHEN HE DRIVES TO OR FROM AN EMERGENCY SCENE, TO PROVIDE THAT A PERSON WHO COMMITS A MOVING VIOLATION IN AN EMERGENCY IS SUBJECT TO A FINE THAT IS DOUBLE THE FINE OTHERWISE PRESCRIBED FOR THAT MOVING VIOLATION, AND TO PROVIDE THAT CERTAIN CONDUCT BY A DRIVER CONSTITUTES A FACTOR IN AGGRAVATION.
Ordered for consideration tomorrow.

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

H. 4243 (Word version) -- Reps. Kelly, F. N. Smith, Simrill, Shoopman, Leach, Limehouse, M. A. Pitts, Rutherford, Scarborough, Witherspoon and Neilson: A BILL TO AMEND SECTION 10-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISCHARGING OF A FIREARM OR USE OF A DANGEROUS WEAPON UPON THE CAPITOL GROUNDS OR WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO MEMBERS OF THE GENERAL ASSEMBLY WHO POSSESS A CONCEALABLE WEAPONS' PERMIT; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO THE CARRYING OR DISPLAYING OF A FIREARM IN A PUBLIC BUILDING OR AN AREA ADJACENT TO IT, SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY LAWFULLY MAY CARRY A FIREARM ON PROPERTY OWNED, OPERATED, OR CONTROLLED BY CERTAIN PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS; AND TO AMEND SECTION 23-31-240, RELATING TO A LIST OF PERSONS WHO ARE


Printed Page 1664 . . . . . Wednesday, March 5, 2008

ALLOWED TO CARRY A CONCEALABLE WEAPON WHEN PERFORMING THE DUTIES OF THEIR OFFICE, SO AS TO INCLUDE MEMBERS OF THE GENERAL ASSEMBLY AMONG THIS LIST OF PERSONS.
Ordered for consideration tomorrow.

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

H. 4534 (Word version) -- Reps. M. A. Pitts, Owens, Simrill, Davenport, Hosey, Leach, McLeod, Moss, Phillips and Thompson: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR MAKING ARRESTS, SO AS TO FURTHER PROVIDE FOR THESE PROCEDURES, THE USE OF SUMMONS, AND THE RECEIPT OF MONETARY BONDS.
Ordered for consideration tomorrow.

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

H. 4348 (Word version) -- Reps. Hagood, Bales and Battle: A BILL TO AMEND SECTION 61-6-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MANUFACTURERS OF ALCOHOLIC LIQUORS, SO AS TO ELIMINATE THE CURRENT RESTRICTIONS PROHIBITING OWNERSHIP OR OPERATION OF MORE THAN ONE ESTABLISHMENT, TO ALLOW LIMITED ON-PREMISES AND OFF-PREMISES TASTINGS, AND TO PROVIDE REGULATIONS ON THE SALE, PURCHASE, AND TRANSPORT OF ALCOHOLIC LIQUORS BY MANUFACTURERS.
Ordered for consideration tomorrow.

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

H. 4585 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON SUNDAY SALES OF ALCOHOLIC LIQUORS AND STATEWIDE ELECTION DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE PROHIBITION


Printed Page 1665 . . . . . Wednesday, March 5, 2008

ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.
Ordered for consideration tomorrow.

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

H. 4754 (Word version) -- Reps. G. R. Smith and Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2027 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY THAT PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY AND TO PROVIDE FOR CALCULATING THE MILLAGE LIMITATION FOR A COUNTY WHEN A SPECIAL PURPOSE DISTRICT TRANSFERS ITS ASSETS AND LIABILITIES TO A COUNTY.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4810 (Word version) -- Rep. J. M. Neal: A HOUSE RESOLUTION TO CONGRATULATE BOY SCOUTS OF AMERICA TROOP 74 OF LANCASTER COUNTY ON THE OCCASION OF THE FIFTIETH ANNIVERSARY OF ITS FOUNDING AND TO COMMEND THE TROOP AND ITS LEADERS FOR THEIR MANY YEARS OF SERVICE TO THE KERSHAW COMMUNITY.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4811 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO AARON WILKERSON,


Printed Page 1666 . . . . . Wednesday, March 5, 2008

HANDLER OF UNO, SOUTH CAROLINA'S CHAMPION BEAGLE AND WINNER OF THE 2008 BEST IN SHOW AWARD AT THE WESTMINSTER KENNEL CLUB'S ANNUAL DOG SHOW IN NEW YORK CITY, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING MR. WILKERSON AND UNO ON CAPTURING THIS PRESTIGIOUS AWARD.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to Aaron Wilkerson, handler of Uno, South Carolina's champion beagle and winner of the 2008 Best in Show award at the Westminster Kennel Club's annual dog show in New York City, at a date and time to be determined by the Speaker, for the purpose of recognizing and congratulating Mr. Wilkerson and Uno on capturing this prestigious award.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4812 (Word version) -- Reps. E. H. Pitts and Haley: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE MEMBERS OF THE LEXINGTON MIDDLE SCHOOL GIRLS BASKETBALL C-TEAM FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE PLAYERS AND THEIR COACHES FOR CAPTURING THE 2008 PALMETTO ATHLETIC CONFERENCE 14 CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4813 (Word version) -- Reps. E. H. Pitts and Haley: A HOUSE RESOLUTION TO ACKNOWLEDGE AND HONOR THE MEMBERS OF THE LEXINGTON MIDDLE SCHOOL BOYS BASKETBALL C-TEAM FOR AN UNDEFEATED SEASON, AND TO CONGRATULATE THE PLAYERS AND THEIR COACHES FOR GARNERING THE


Printed Page 1667 . . . . . Wednesday, March 5, 2008

2008 PALMETTO ATHLETIC CONFERENCE 14 CHAMPIONSHIP TITLE.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4814 (Word version) -- Rep. Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO REQUIRE THE ENTITY CHARGED BY LAW WITH CONDUCTING AN ELECTION TO PREPARE ONE BALLOT FOR ALL ELECTIONS HELD AT THE SAME TIME.
Referred to Committee on Judiciary

H. 4815 (Word version) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse, Sandifer, Scarborough, Shoopman, Taylor, Viers, Walker and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT OF 2008", REVISING AND UPDATING TAX INCENTIVES FOR MOTION PICTURE PRODUCTIONS IN THIS STATE BY ADDING AND MODERNIZING DEFINITIONS, MAKING TECHNICAL CORRECTIONS, ELIMINATING THE REBATE OF STATE AND LOCAL SALES TAXES PROVIDED UNDER FORMER LAW, PROVIDING FOR THE CARRY FORWARD OF REBATE FUNDS TO AVOID MULTIPLE APPLICATIONS, CLARIFYING THE WAGE INCENTIVE AND RESIDENT HIRING BONUS, ESTABLISHING A FIVE-YEAR APPRENTICESHIP PROGRAM, INCREASING THE NUMBER OF DAYS STATE PROPERTY MAY BE USED WITHOUT FEE FROM SEVEN TO TEN DAYS, AND PROVIDING ADDITIONAL REQUIREMENTS FOR FILM CREDITS FOR THIS STATE; AND TO REPEAL CHAPTER 62 OF TITLE 12 RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT.
Referred to Committee on Ways and Means

H. 4816 (Word version) -- Reps. Bingham, Ballentine, Frye, Haley, Huggins, McLeod, Ott, E. H. Pitts, Spires and Toole: A BILL TO AMEND ACT


Printed Page 1668 . . . . . Wednesday, March 5, 2008

378 OF 2004, AS AMENDED, RELATING TO THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT, SO AS TO REVISE THE METHOD BY WHICH THE PROPERTY TAX CREDIT ALLOWED PURSUANT TO THIS ACT APPLIES WITH RESPECT TO THE NONSCHOOL-RELATED PROPERTY TAX LIABILITY OF AN OWNER-OCCUPIED RESIDENCE.
On motion of Rep. BINGHAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4817 (Word version) -- Reps. Scott, G. Brown, Brantley, F. N. Smith, Govan, Hart, Whipper, Alexander, Coleman, Haley, Harvin, Jefferson, Mitchell, Allen, Ballentine, Huggins, Miller, Agnew, Anderson, Bales, Bannister, Battle, Bedingfield, Bowers, Brady, Branham, Breeland, R. Brown, Cato, Chalk, Clyburn, Cobb-Hunter, Duncan, Funderburk, Gullick, Hardwick, Haskins, Hayes, Hosey, Howard, Jennings, Kennedy, Knight, Littlejohn, Lowe, Mack, Mahaffey, McLeod, Neilson, Ott, Parks, M. A. Pitts, Rutherford, Scarborough, Sellers, Stavrinakis, Toole, Vick, Weeks, Williams and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3675 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE'S INCOME TAX FOR CERTAIN EXPENSES INCURRED BY A TAXPAYER IN THE PURCHASE AND INSTALLATION OF SECURITY MONITORING EQUIPMENT, FENCING AND OTHER PHYSICAL SECURITY MEASURES, AND EMPLOYMENT OF SECURITY PERSONNEL AT AN ELIGIBLE MULTIFAMILY HOUSING PROJECT IN A RECOGNIZED HIGH CRIME AREA AND IN WHICH UNITS ARE OWNED OR RENTED BY VERY LOW AND LOWER INCOME INDIVIDUALS AND HOUSEHOLDS; AND TO AMEND SECTION 31-13-450, RELATING TO USE OF MONIES IN THE SOUTH CAROLINA HOUSING TRUST FUND, SO AS TO PROVIDE THAT THE MONIES BE USED TO REQUIRE SECURITY MEASURES, AND TO ASSIST IN FINANCING THE ESTABLISHMENT AND IMPLEMENTATION OF THOSE SECURITY REQUIREMENTS, AT ELIGIBLE MULTIFAMILY HOUSING PROJECTS IN RECOGNIZED HIGH CRIME AREAS AND IN WHICH UNITS ARE OWNED OR RENTED BY VERY LOW AND LOWER INCOME INDIVIDUALS AND HOUSEHOLDS.
Referred to Committee on Ways and Means


Printed Page 1669 . . . . . Wednesday, March 5, 2008

H. 4818 (Word version) -- Reps. Herbkersman, Erickson and Chalk: A JOINT RESOLUTION TO SUPPLEMENT WITH UNCLAIMED LOTTERY PRIZE MONEY THE SCHOOL DISTRICTS NEGATIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY, TO SUSPEND FISCAL YEAR 2007-2008 ALLOCATIONS OF THE UNCLAIMED PRIZE MONEY, TO PROVIDE FOR USE OF EDUCATION FINANCE ACT RESERVE FUNDS AFTER THAT, AND TO PROVIDE THAT A SCHOOL DISTRICT POSITIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY DIRECT THE EXCESS FUNDS TOWARD NONRECURRING ALLOWABLE EXPENDITURES.
Referred to Committee on Ways and Means

H. 4819 (Word version) -- Reps. Cotty, Brady, Harrison, J. E. Smith, Howard and J. H. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2600 SO AS TO PROVIDE A PROCEDURE WHEREBY A LOCAL GOVERNING AUTHORITY MAY COLLECT FINES ASSOCIATED WITH PARKING CITATIONS ISSUED TO VEHICLE OWNERS.
Referred to Committee on Judiciary

H. 4820 (Word version) -- Reps. Cotty, Brady, Harrison and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-31-60 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNING AUTHORITY MAY COLLECT FINES ASSOCIATED WITH PARKING CITATIONS ISSUED TO OWNERS OF RENTAL AUTOMOBILES AND VEHICLES.
Referred to Committee on Judiciary

H. 4821 (Word version) -- Reps. G. R. Smith, Harrell, Ballentine, Cotty, Hamilton, Bingham, Huggins, Kirsh, Erickson, J. R. Smith, Stavrinakis, Bedingfield, Frye, Hardwick, Coleman, Bowen, J. M. Neal, Haskins, Leach, Davenport, Walker, Brady, Stewart, Crawford, Witherspoon, Miller, Toole, Limehouse, Bannister, Barfield, Cato, Clemmons, Dantzler, Delleney, Gambrell, Gullick, Hagood, Haley, Harrison, Herbkersman, Kelly, Littlejohn, Loftis, Lowe, Mahaffey, Lucas, Merrill, Moss, Mulvaney, Owens, Pinson, E. H. Pitts, Rice, Scarborough, Shoopman, Simrill, D. C. Smith, G. M. Smith, Spires, Taylor, Thompson, Umphlett, Viers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 1670 . . . . . Wednesday, March 5, 2008

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 2008-2009, INCREASED ANNUALLY AND CUMULATIVELY BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASES 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 LIMIT 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.
Referred to Committee on Ways and Means

S. 873 (Word version) -- Senators Knotts and O'Dell: A BILL TO AMEND SECTION 50-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING LICENSES FOR SMALL GAME GENERALLY; AND TO AMEND SECTION 50-9-540, RELATING TO STATEWIDE FISHING LICENSES, SO AS TO REDUCE THE FEE FOR A STATEWIDE HUNTING LICENSE, A STATEWIDE FISHING LICENSE, AND A STATEWIDE COMBINATION LICENSE FOR MEMBERS OF THE UNITED STATES ARMED SERVICES WHO ARE CONSIDERED RESIDENTS OF THIS STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 874 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A


Printed Page 1671 . . . . . Wednesday, March 5, 2008

YEAR DEDUCTION FOR VOLUNTEER STATE CONSTABLES DESIGNATED BY THE STATE LAW ENFORCEMENT DIVISION AS ADVANCED STATE CONSTABLES AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.
Referred to Committee on Ways and Means

S. 1053 (Word version) -- Senators McConnell, Ford, Campsen, Malloy and Knotts: A BILL TO AMEND SECTION 17-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO PROVIDE THAT A PERSON WHO IS RELEASED ON BAIL PENDING TRIAL, AND IS SUBSEQUENTLY CHARGED WITH A VIOLENT OFFENSE, SHALL BE DENIED BAIL WHEN THE PROSECUTOR CAN PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT NO CONDITION OR COMBINATION OF CONDITIONS REASONABLY ASSURES THE SAFETY OF ANY OTHER PERSON OR THE SAFETY OF THE COMMUNITY IF THE PERSON IS RELEASED.
Referred to Committee on Judiciary

S. 1157 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3122, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1161 (Word version) -- Senator Williams: A BILL TO AMEND ACT 254 OF 1981, RELATING TO THE MARION COURT LIBRARY COMMISSION AND THE MARION COURT LIBRARY, TO PROVIDE THAT FUNDS REMAINING IN THE MARION COURT LIBRARY FUND AFTER PURCHASING BOOKS, LEGAL PERIODICALS, AND OTHER NECESSARY LIBRARY SUPPLIES MAY BE USED FOR THE COURT SYSTEM IN MARION COUNTY.
Referred to Marion Delegation


Printed Page 1672 . . . . . Wednesday, March 5, 2008

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

MOTION NOTED

Rep. KENNEDY moved to reconsider the vote whereby H. 4620 (Word version), as amended, was given a second reading and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4809 (Word version) -- Reps. Hart, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF HENRY ELIAS FRASIER OF RICHLAND COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY, CHURCH, MANY FRIENDS, AND COMMUNITY.

ADJOURNMENT

At 6:24 p.m. the House, in accordance with the motion of Rep. WEEKS, adjourned in memory of Clifton Clark of Sumter, to meet at 10:00 a.m. tomorrow.

***

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